IMAGE EVALUATION TEST TARGET (MT-S) 1.0 t^ ^ la 1^ ,2.2 u Iii4 1^ US 12.0 u IJift Photographic _Sciences Cbrporalion 23 WIST MAIN STRUT WIBSTiR,N.Y. MSSO (716)S72-4S03 // \ /./ **>.^ z ^ 1e.V^c> ^-."ijS^^^^ r ^ '^ CIHM/ICMH Microfiche Series. CiHM/JCiVIH Collection de microfiches. Canadian Institute for Historicai Microreproductions / institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliograpMcally unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. □ D D D D D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagte □ Covers restored and/or laminated/ Couverture restaurte et/ou pellicul6e □ Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes giographiques en couleur Coloured inic (i.e. other than blue or blacic)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or Illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr^e peut causer de I'ombre ou de la distortion le long de la marge IntArieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouttes lors d'une restauration apparaissent dans le texte, mais, iorsque cela itait possible, ces pages n'ont pas Ati f ilmAes. Additional comments:/ Commentaires supplAmentaires; The toti L'Institut a microfilm6 le meilleur exemplaire qu'il lui a 6tA possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mtthode normale de filmage sont indiqufo ci-dessous. I I Coloured pages/ D This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiquA ci-dessous. Pages de couleur Pages damaged/ Pages endommagtes □ Pages restored and/or laminated/ Pages restaur6es et/ou peiliculdes The posf OftI film Orig begi the sion othe first sion or ill Pages discoloured, stained or foxed/ Pages dAcolories, tachettes ou piquAes I I Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Quality InAgaie de I'lmpression includes supplementary materit Comprend du materiel suppiimentaire Only edition available/ Seule Mition disponible Tpi Showthrough/ I I Quality of print varies/ r~~| includes supplementary material/ I — I Only edition available/ The shall TINl whic Mapi diffe entir begii right requi metti Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc.. ont it4t filmtes A nouveau de fapon A obtenir la meilleura image possible. 10X 14X 18X 22X 26X 30X V 12X 16X aox 24X 28X 32X laire I details |U6S du t modifier ig«r une B filmage / jdes ire The ropy filmed here hae been reproduced thanice to the generoaity of: Library of the Public Archives of Canada The Images appeering here are the best quality possible considering the condition and legibility of the original copy and In keeping with the filming contract specifications. Original copies In printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated Impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated Impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^- (meaning "CON- TINUED"), or the symbol ▼ (meaning "END"), whichever applies. IViaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely Included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire filmA fut reproduit grflce A la gAnArosit6 de: La bibliothdque des Archives publlques du Canada Las Images sulvantes ont 6tA reproduites avec le plus grand soin, compte tenu de la condition at de le nettet« de l'exemplaire film*, et en conformity avec les conditions du contrat de filmage. Les exemplalres orlginaux dont la couverture en papier est Imprimte sont fllmfo en comr.ienpant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'iilustration, soit par le second plat, salon le cas. Tous les autres exemplalres orlginaux sont filmte en commen9ant par la premlAre page qui comporte une empreinte d'impression ou d'iilustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles sulvants apparaitra sur la dernlAre Image de cheque microfiche, selon le ces: le symbols — ^ signifie "A SUIVRE", le symbols y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre fllmte A des taux de reduction diff^rents. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, 11 est film* d partir de I'angle supArleur gauche, de gauche A droite, et de haut en bas, en prenent le nombre d'images nAcessaire. Les diagrammes sulvants iiiustrent la mAthode. >y errata ed to »nt ine pelure, a^on A 1 2 3 32X 1 2 3 4 5 6 4- c/ // \ OCCASIONAL ESSAYS ON VARIOUS SUB}ECTS, CBIBFLT POLITICAL ANP HISTORICAL. - ^^' m ^y» m ' ' *w » 'tR yjiiiija* "' 't^^tSk'-'"^^ s. I r -^i?/ OCCASIONAL ESSAYS ON VARIOUS SUBJECTS, CHIEVLT POLITICAL AND HISTORICAL; EXTRACTED PARTLY FROM THE PUBLICK NEWSPAPERS, DURING THE PRBSEKT RBI6N, .:'kA^ AND PARTLT PROM TRACTS PUBUSHBD Iir THE REIGNS OF 1 QVEEN ELIZABETH^ KINQ CUABLES /., KING CHARLES XL, AND fKOAI BISHOP BURNET*S HISTORY OF HIS OWN TIMES. , LONDON: PRINTED BY ROBBRT WILKS, IN CHANCBRY-LANB; AND 801D BT JOHN WHITE, B00K8ELLBB, IN n.EBT«8TRBIT 1809. H i.i'l'*'' -t • -• • r • •-^* f If <■* J. ■. .•\ , -t*i It V^ r ' - c t. :r,r,.v /,. f »'"■'-■,; .:7.'e -k -to '^ !'...: ' :«*"^5lp*V**' fV "'.V^^IVN-... \ » -T :;. .t Jj- ■ 'i ,J»J- ... . ^' ■;;'? \-. $:a >!v - -^ I- THE PREFACE. '/ 1 HE Volume here presented to the Publick, consists of several difTerent tracts, relating mostly to Political and Historical subjects and events, that have occurred in the course of the ItL^i fifty years, and which have already been printed, either in some of the Publick Newspapers, or in separate Pamphlets or larger Works, (some of which are grown scarce and difficult to be met with,) and partly, of some tracts of it more anticnt date, (relating also to the subjects of History and Poli- ticks,) published in the times of Queen Elizabeth and Charles the I. and Charles the II. and in the beginning of the last, or eighteenth, century: and amongst these the reader will find the excellent tract of the celebrated John Milton, on the Liberty of the Press, intitled, Areopagitica, A speech for the liberty of Unlicensed printings addressed to the Lords and Commons of England, in November 1644; which I havenc.^:^* met-with in a separate pamphlet^ and which is, I believe, hitherto to be found only in the general collections of Mil- ton's Prose-works. There are also in this Volume some interesting papers on the late trade to Africa for Negroc'S laves, and a valuable extract from a work of Mr. John Harriott, i^ support of the Justice and Wisdom of the late abolition of it, by Act of Parliament ; which is a measure a(Q- Ml ^1 • 1 , I n Yi THE PREFACE. ccrning whicli it is only to be lamented, that ii was not adopted ten or twelve years sooner* There are also some papers concerning the late unhappy dispute with our Colonies in North America, which ended with our loss of them^ and which, (by the great debt which the late King of France incurred^, by the assistance he gave to the revolted colonies in that contest, and which the French Nation were unwilling to dis- charge,) has since been the principal cause of the dreadful Revolution in France, in 1789, and of the subsequent destruction of most of the Governments in Europe, by the victories of its present formidable ruler. These are some of the principal Topicks to which the papers here col- lected relate, and I have therefore given them the title of Occasional Essays on different subjects, chiefly Political and Historical. I will now pro- ceed to set-down the separate titles of them, and the pages of the Volume, in which they are to "be found, in their regular order, as follows. i fj.„ itiii ih^^^ >■ ;»»^;(l S-* r :y • ; . * A TABLE or THI ,:* • -m it CONTENTS Of the several Tracts contained in this Fulunte, * NUMBER I. ON the Exclusion of Mr. John Wilkes, from his seat in the House of Commons, as Member for the County of Midr dlesex, after his expuhion and re-election. In pages, 1, 2, 3, 9. NUMBER II. A Proposal for a Reconciliation with the Revolted Provinces of North-America, without exempting them from the Authority of the British Parliament. — In the year 1775. In pages 10, 11, 12, 23. NUMBER III. On the Inexpediency of Establishing Bishops in North-America. —In March, 1778. - ! ■'^- ' t; In pages 24, 25, 26, 30. ■,, * . . ■ , - • NUMBER IV. A Paraphrase on a Passage in a Sermon, preached by the late Most Reverend Dr. William Markham, Archbishop of York, before the Society for Propagating the Gospel, on the 2 1st of February, 1777; When it was expected by the persons who bad advised the American War, that the revolted Colonies in America would soon be intirely subdued and reduced to the obe- dience of the British Parliament. lu pages 31, 32, 33,- a 4 I 1', 1^ tiii COiftBl^tS. lit NUMBER V. On the State ttf North-America. aAer the Capture of Lord Corowallu's Army. In pages 49, 50, 51,—— 58. NUMBER \l itioughts on the Independance of America, and the best man- ner of acknowledging it. In pages 59, 60, 6l,'"''^6*. NUMBER VII. I'be First Royal Charter, granted to the Colony of Massachu- set's Bay, in North America, in the 4tli year of the reign of King Charles the 1st. In pages 65, 66, 67 ^2. i^ ' NUMBER VIII. The Second Royal Charter of the Colony of the Massachu- siet's Bay, in North America, in tlie 3d year of the reign of Kitig William and Queen Mary. In pages 93, 94, 9i5, 124. NUMBER IX The Votes and Proceedings, of the Inhabitants of the Town of Boston, in October and November 1772; containing al particular enumeration of the Grievances of which they complained, and which gave rise to the alarming Discon- tents iu America. In pages 125, 126, 127, — ^l60. .' - * .• •*' NUMBER X. ' ,Jr An Account of the Noblesse, at Gentry, in Canada, in fhe year 1775. In pagei 161, 16?, i63,-i-^l67- NUMBER XI. All Account of the shocking acts of Cruelty, committed by the CONTENTi. li Peasantr^f in Frnnche'Comii, «nd other province* of France, upon iheir Nobility, orGentr^, ui the year iT%\)', translated from a Letter published in French by Mr. Lally Tulendahl, a distinguiblied Member oi thi; Ijritt French National AssembVy. In pagei 16'8, I6i), 170, 176'. NUMBER XII. An Account of the Opinions of the late Adam Smith, LLJ)., the author of the celubiated treatise, intitled " The If'eultk of Nations," concerning the works of several Eiiju^liiili Authors.— From a Letter to the Printer of the VVhitc-Hall Evening Post. lu pages 177, 178. 175 IS- NUMBER XIIL On the Doctrine of Libels, as it has been represented by sonic Judges. , . . In pages 183, 184, 185, JSJ^ .. .' '\i'- NtJMbER XIV. ^^ The Bill proposed by Mr. Fox and Mr. Erskine, in suppoit ojf the Right of Juries to determine the whole matter ai issue in crimiuvd prosecutions for ptiblishing Libels. — lu Fe. bruary 1792. N.B. This excellent Bill passed through both Hovseft of Parliament, and receixcd the Hoyal Assent, and therefore is, now, beyond all di-ipute or doubt, the Law of the Land. in pages lfi7, 188- NUMBER XV. Areopagitica : a Speech for the Liberty of unlicensed Printiitj^ addressed to the Parliament of England ; published in •'November, l644.<^By John Milton* the autlior of Para- diss Lokt. •' lavage! 1S5, ISO, Ipl,—— 246. il!i: 11 li i ^^ CONTENTS. NUMBER XVI. ■ t Of the Innocence of flic late King of France, Lewis the XVItH with re>pL(t to all the Charges lately brought against hint. —In May, 1793. In pages 247, 248, 2i9i 251. NUMBER XVII. On Mr. Courtney's itil ended Motion in the House of Com- mons, concerning the Process of Ecclesiastical Courts for Incuntincncy, against |iersons that have been married to each other in some manner not allowed by Law. — In May, I7i;3. . , In pages 252, 253. NUMBER XVII [. Reasons why the War with France could not be avoided.— la September, 1793. In pages 254, S55, 256,— 25.9. Thoughts on the late Negotiation for Peace. — In October, i797. In pages 260, 261, 262,— —2()3. NUMBER XIX. Reflections on some of the most important Articles that it >vould bo reasonable to adopt, in forming a Legislative Union of the two kingdoms of Great BritHJn and Ireland ; which was a measure that was much the subject of conver- sation in the years 1797 and 1798, and was afterwards carried into execution in the year 1 800. — In the year 1 798. In pages 26'4, 26'5, 266,— -270. NUMBER XX. On persons in Holy Orders being rendered ineligible to serve as Members of the Commons House of Parliament. — In May, ISOl. . In pages 271, 272, 273, 274. I CONTGNTS. xi ' NUMBER XXr. On the Ki»ht of Searching Neutral Vessels, hi order to discovPT and seize any property belonging to an Enemy, that may be on board them. — In June, 1801. In pages '275, ','70', QJ?,- NUMBER XXII. On the Slave Trade.— April 3, 1805. In pages 281, 282, 283,. NUMBER XXIIf. On the Slave Trade— April 8, 1805. In pages 286, 287, ?88,- •28a •283. , •29?. NUMBER XXIV. Further Reflections on Negroe-SIavery. In pages 293, 29*# 29S» 2<)6". •fi.M NUMBER XXV. The 36th chapter of Lieutenant John Harrhlfs useful and entertaining work, intitled, " Struggles through IJfif,'* Vol. 2 ; which chapter treats of the following subjects, to wit, Slavery in North America, in Turkey, Barbary, ike European States, up the Mediterranean, and in the East end IVest Indies ; Observations on Slavery i Hints for a gradual Emancipation. In pages 296", 297, 298, 307. »>U,P NUMBER XXV?. The Pre-eminence and Duty o. Parliamenf, written in the year 1646, by James Howell, Esq. In pages 308, 309, 310,— —3 16. N. B. This Discourae, amongst other important and carious matter, contains, (in page 3 13) an account of the remark- able circumstances, by means of which the Kings of France J hf «;i |y :^ ;, w Sffl ij »» CONTENTS,' ^ks^.- were enabled to assume to themselves, tlie power of im-*' posing taxes on their subjects in Paris, and the Isle of France, without the consent of the three Estates of the' kingdom, to wit, the Clergy, the Noblib, and the Tfiird Estate, or the Commonalty. NUMBER XXVII. ^ ^ A Memorial presented to Queen Elizabeth against her Ma" jesty's being engrossed by any particular Favouritf September, 1775. ... In pages 407, 408, 409,— —411. __ NUMBER XXXII. Remarks on the true meaning of the words Toleration, EndoW' mtnt, and Esiallishnent, when applied to a Religion ,^;^ adopted, or permitted, in any Country. In pages 412 ,413, 414, 415. ' ;' ' NUMBER XXXIIL Of True Religion, Heresy, Schism, and Toleration, and what N > best means may be uped against the growth of Popery. First printed in the year ll673> > By John Milton, Esq. the author of Paradisje Lost. In pages 4)6, 417, 418,-430. ^1 i'1 NUMBER XXXIV. The Interest of England Stated : Or, a faithful and just Ac- count- of the Aims of all Parties now pretending. Printed in the year 1659, smd, probably, about the 20th pf July. In pages 431, 433, 433,-454. ' i aOv CONTENTS, NUMBER XXXV. .;►'('<- -.'; TI»e Stibstancr of the Speech of the Earl of Selkirk, in the House of Lords, on Monday the 13th of April 1807, on the Motion of the Marquis of Stafford, that the House should come to a Resolution, " That this House, feeling the necessity of a firm and stable Oovernment, at this most important crisis of publick aflbirs, is impressed with the deepest regret, at the change which has taken place in his Majesty's Couucils, and. that such regret is greatly in- creased by tlie cause to which such ciiange has been ascribed, it being the opinion of this House, that it is contrary to the first duties of the Ministers of the Crown to restrain themselves by any pledge, expressed or implied, from giving to his Majesty any advice, which in their judgement, the course of circumstances may render ne- cessary for the honour and security of his dominions." In pages 455, 456, 457, 467. 'i. NUMBER XXXVI. A short View of the Grounds and Principles of the glorious Revolution in E^ngland, in the year l688, together with the Preface to the Third Edition of the Debates in the English House of Commons, in the month of October, l6'80, on tlie Bill for excluding James, Duke of York, the Brother of King Charles the II. from the Succession to the Crown, on account of his having abandoned the Pro- testant Religion, and emb^'aced the Religion of the Church of Rome; which Third Edition of the sai4 Debates was published in the year 180.^. ^ In pages 468, 469, 470, 479. r, NUP^BER XXXVH. iir Tlie Introduction prefixed to the Second Edition of the said Debates, which was published in the year 17 1 6, under the following title; ♦• The Curse of Popery, and Popish CONTENTS. 1-^ Princesy to the Civil Government, and Protestant Church oJ'Englah ', demonstrated frsm ike Delates of Parliament in 168O, relating to the Bill of Exrlusion of the then Duke of York ; 'uiith an Introduction, shewing the progress of Popery J from the Reformation to this present time, 1 7 16, ^ ^ . , 111 pages 480, 481, 482, 496. NUMBER XXXVIII. An Account of the Sentiments of the Prince and Print^ss of Orange, concerning the Repeal of the Test-act in England, by which Papists were excluded from holding Civil aud Military Employments ; to which Repeal they were soUici- ted by King James the II., in the year I687, to give their consent. Extracted from Bishop Burnet's History of his Own -. J.,. Times, Vol. 2, of the Octavo edition, from page 432 to page 453. In pages 497, 498, 499 519. '■,i--i^^'' v>a>;y Sit; NUMBER XXXIX. i Another Extract from Bishop Burnet's History of his own Times, contahiing an Account of the Death of King Charles the II., and the Grounds for supposing that he was poisoned . In pages 520, 521, 522,-529. ■ NUMBER XL. The Papists Bloody Oath of Secrecy, and Utany of Interces- sion for England ; with the manner of their taking the Oath, upon their entering into any grand Conspiracy .^ against the Protestants ; as it was taken in the Chapel, belonging to Barnbow-Hall, the resifience ofi^tr Thomas Gascoi.g7ie, from William Rushton, a Popish Priest. , By Robert Bolron, Gentleman. * Die Jovis, IS Decembris, loso. Ordered, That Mr. Robert Bolron have Liberty from this •f sti CONTENTS. r Hunse, to print and publish the said Oath of Secrecy and IMany. jAfoAan, Pvinted in the year l5S0. Reprinted for S. Slow, a|K! Sold over-agairk>t Saint Clement's Churcli in the Strand, in 1745. • In pages 531, 532« 53d»—— '556. NUMBER XLI. BOME, a gre^t Custom-house for Sin ; or a Table of the Dis- ^nsalions and Pardons, for Viitainics and Wickednesse* of variotts kinds, &c. With the several 8i|ms of money, nvmf and to b« paid for them. By Anthony Egane, B. D. sometimes Confessor- General of the kingdom of Ireland ; who was both a Spectator of, and Actor in, tlio86 horri- P * ) '- ble abuses, before his Conversion to the Protes? taut Religion. ^ And now, [in the year 1715,] reprinted, [being the Fifth Edition,] for the Benefit of such as either have themselves, or would induce others to h^ve, too favourable thoughts of Popery. To which is now [in 171 5,] added an earnest dissua^ five from Bomish Idolatry and Superstition: wherein other gross Enormities are clearly de- '. tcc!t;d. London : Printed for John Marshall, at the Bible in Grace-church Street ; Joseph Marshall, at the .,. ^ible in Newgate Street ; and Pierd. Burleigh, in Amen Corner, 1715. In pages 557# 558, 559, -6'or. f OCCASIONAL ESSAYS ON POLITICAL SUBJECTS. . ; ; 'I ..'.' jt'i 'ii i to ON THE EXCLUSION OF MR. JOHN WILKES FROM HIS SEAT IN THE HOUSE OF COMMONS, AS MEMBER FOR THE COUNTY OF MIDDLESEX, AFTER HIS EXPULSION AND RE-ELECTION. : T'S^' ,,,, ^, .n-^- 1 1 id fc' IX 1o To the Printer of the Public Advertiser. SIR, J March 16, TJJI. ± CANNOT help being ftrongly of opinion that an Aft of Parliament to the following purport would tend greatly to allay the difcontents that have prevailed among the people ever (ince the Middlefex ele£tion : and therefore I beg you would infert the following draft of fuch a bill in your paper. The advantages that, I conceive, would arife from it are as follows. ^ ' In the firft place, it would fecure the rights of the Electors of Great Britain to chufe their own reprefentatives, from being controuled on any future occalion by the negative of a majority of the Houfe of Commons, exercifed under the form of an expulfion from that Houfe for fome vague and arbitrary crime, or defeft, in the objeft of their difpleafure^ unknown to, and undelined by, the known laws of the land^ B and 2 tnd not proved with the ftri£lners and folemnity that aredeem« ed neceflary to the conviction and punifhment of an offence of the flighted nature in our criminal courts ofjuftice. The apprehenfion of the poflibility of fuch proceedings in time to come, is what alarms the generality of impartial people rather than an opinion that this power was really foabufed in the cafe of Mr. Wilkes and the Middlefex election. To remove this apprehenfion is therefore an object of the laft importance. In the next place, fuch an a£t of parliament would con- firm all the proceedings of the Houfe of Commons with re« fpe£t to Mr. Wilkes on the rational and fubftantial ground of his being under a temporary incapacity of being elefted a member of parliament, arifing frv)m the circumftance of his being then in prifon, in execution of a fentence of the court of King's Bench, and confequently unable to attend his duty in parliament; and, by fo confirming the proceedings of the Commons, it would entirely preferve their honour and dig- nity, and make it unneceiTary that they (hould receed from any of their rcfolutions. I am fenfible, however, that it may here be objected that one of their refolutions, namely, the important refo- lution of Mr. Wilkes's incapacity to be a member of par- liament, made on the 17th day of February, 1769, and which is exprefled in the words following, to wit. •'Refolved, ¥» ' *'Tliat John Wilkes, Efquire, having been in this feflion of parliament expelled this Houfe, was and is in- capable of being elected a member to ferve in this prefent parliament," may at firft fight feem to be contradided and overruled by the provifions of the annexed a£t of parlia- ment: but, upon a clofer examination of it, it will be fbimd to be capable of a conftru£Uon that is confident with Ihofc $ thofe proviHons, and even that this con(lru£lIon is the true and proper conHnidlion that ought to be given to it. This I fliall now endeavour to prove. The judgments of every court of juftice ought, if the words in which they are expreflcd will bear it, to be con- (Irued in fuch a manner as to make them adequate and commenfiirnte to the points then under condderation in fuch courts, and to the authority legally vefted in the Judges by whom they are pronounced, rather than in fuch a man- ner as will make them extend to cafes not then under con- fideration, and which the judges therefore have not, perhaps, on fuch occafions a competent authority to determine.— This, I prefume, will readily be allowed j and, beit^g fo, we muft, in the next place, obferve, that the Houfe of Com- mons, when they pafled that refolulion, were acting in a judicial, and not in a legiflaiive, capacity : they were deter- mining whether, according to the laws then in being, Mr. Wilkes, who had been chofen knight of the (liire for Mid- dlefex on the proceeding day, the i6th day of February, 1769, was entitled, by virtue of that election, to fit and vote as a member of that Houfe, They did not pretend to a power of making him incapable of fitting thereby an ex post fa3o refolution, if he was legally capable of being elefted to fit there at the time of fuch election j but only, as the proper judges of the validity of all parliamentary elections, to a power of declaring " what the law then was refpefting kis capacity to be fo elected :" they therefore had no right to confider, nor to give judgment upon, any other point, but that of his capacity to be elefted a member of parliament for the county of Middlefex, on the faid 16th day of Fe- bruary, 1769. No other point was judicially before them : and, if they had clearly and exprefl[ly refolved, that Mr. Wilkes was not only then incapable of being elected a member of parliament, but that fuch incapacity would continue in him during this whole parliament, they would, B 2 ia x\ in thisTecond part of fuch refolittion, have a£^ed in an extra* judicial manner, and without a competent authority ; and fuch a deciflon would have been entitled to but little regard either from themfelves on any fubfequent occafion, or from any other perfon. But this they have not done in th^.ir refolution of the lyih of February, 1769, above recited, though at firft fight it may feein to carry that meaning ; for the words of it are, " that he was and is incapable of being elected a member to ferve in this prefent parliament ; that is, as I conceive, he was at the time of his eIc6lion on the pre ceding day, the 15th of February, 1769, and is at the time then prefent, namely, the 17th day of February, incapable of being elected a member of parliament. It does not fay that he Hiall or will continue fo during the whole conti- nuance of this parliament, which was a point not then imder confideration. As to the words, " having been in this feflion of par- liament expelled this Houfe," which immediately precede the words that declare his incapacity, they are introduced only by way of recital, and are not faid to be the ground of the fubfequent adjudication of incapacity, and need not ne-_ ceflarily be underllood fo ; but they ought rather to be con- lidered as a fliort reference to the grounds and reafons upon which he was expelled, fonic of which were likewife caufes of an incapacity to be eleAed ; and fo the meaning of the whole lefolution will be as follows : " Whereas Mr. Wilkes was expelled from the Houfe of Commons in this feflion of parliament, to wit, on the 3d of February, 3769, upon divers good and fufficient grounds and reafons, fome of which were not only good grounds for expelling him, but did really and truly, if they had been properly attended to, render him incapable of being legally elefted a member of this parliament; and whereas thefe reafons, that thus rendered him incapable of being legally eleded a member of parliament, do flill fubfift ; it is therefore refolved and adjudged •djudgcd by this Houfe, that he was at the time of his laft clc(^ion, to wit, on the i6lh day of February, 1769, and ftill is at this prefent time, to wit, on tlie lyth of February, 1769, incapable of being elc£lcd a member to ferve in this prefent parliament." ; ; This fcetus to nic to be a reafonable con(lru6lion of this famous rcfolution : and if the words of it will bear this fenfe, as I flatter niyfelf I have fliown they will, it is furely better to undcrftand them in this manner than to interpret them in the other manner above-mentioned, and thereby to make them, bycon(lru6li(>n contain a dangerous and extra-judicial refolution of the Houfe of Commons in a matter of fuch high importance, which would be no way fuitable to the dignity of the Houfe, or to the chara£tcr of wife and con- (iderate judges that were giving a judicial determination of the point thit was then before them. Now, if this mild and inoffenfive interpretation of this rcfolution be allowed to be juft, there will be nothing in the a£l of parliament here recommended in any degree contrary to this or any other of the refolulions of the Houfe of Com- mons upon this fubje£t. This is a fecond advantage in the bill here propofed, A third advantage ariHng from t would be the removing of all the ridiculous doubts andopinions that have beenenter- tained concerning the capacity of an Outlaw to fit and vote m parliament ; notwithfianding he is a creature that, as Mr. Wilkes has well obferved, has no political exiftence, but is liable to have all his goods and chattels, and the rents and profits of his lands, taken into the king's hands, as forfeited to his Majefty by the outlawry, and his body- kept in prifon during life. No well-wiflier to the liberties of his country would, I prefume, defire to fee the reprcfenta- tives of the Commons of thit> kingdom compofed of perfons in fuch dependent circumftanccs. And if, after fuch an a£t of parliament, colonel Luttrel B 3 ' fhould (hoiild think proper to vacate his feat in parliament by nc- cepting the ftewardfhip of the Chiltern Hundreds, and Mr. Wilkes, now that his outlawry has been rcvcrfcd, and his confcquent Incapacity to fit in Parliament has been re- moved, (hould again ftand for the county of Middlcfex, and again be chofcn their rcprefcntative by a jireat majority, (as I truft and hope he would ;) and ftiould be permitted to take his feat in the Houfe in confcqucnce of fuch new election, I conceive that the whole tranfacSlion would do his Majedy's minilkrs great honoui, give general fatisfadion to the people, and, in (liort, prove a happy means of recon- ciling men's minds to government, and of winding-up this unlucky bufinefs that has kept the whole nation in a ferment, and foured our old Engli(h good -humour for more than two years paft. I am, Sir, Your humble Servant, IRENICUS. Draft of an A^ of Parliament to dtfalle Outlaws and Pgr- fons legally corifined in Prifon from Leing chofen Members of the Commons Houfe of Parliament ^ and to fecure to the Freeholders and otiier Eledors of Great Britain their Bight of free EleSioTii not with/landing any antecedent Expuljion of the Perfons theyjhall elect for ihtir Members* Whbreas certain doubts have arifen, and may arife, concerning perfons confined in prifon in execution of the judgements of a court of law, or for other juft and lawful caufes, and likewife concerning perfons outlawed, whether • thcv ^hey are capable of being elected to (it and vote in parliament as members of the Commons Houfe of parliament : and whereas it would be highly inconvenient and prejudicial to the publick bui'nefs iranfafted in the faid Kouiv ot parlia- ment that fiich perfons fljouid be chofen members of it, becaufe they would not be able to attend ihiir duty in the fame ; and the counties, citif'S, and buroughsi tor which they flioi-Jd be chofen, would thereby be unreprcfrn'cd in parlia- ment during the continuance of fuch impediment to their at- tendance ; it is therefore declared and enacted by the King's mod excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal, and the Commons in this pre(ent parliament aflembled, that no perfon outlawed in duecourfe of law, either upon a criminal or a civil pro- fecution, nor any perfon legally confined in prifon in exe- cution of any judgement of a court of jullice, ought at any time heretofore to have been deemed, or (hall at any time hereafter be deemed, to be capanle of being elected to fcrve in the Britifh Houfe of Commons, as a member thereof, for any county, city, or borough, in either England, Wales, or Scotland, during the continuance of fuch outlawry or legal confinement. Any cuAoni, refolution of the Houfe oi Commons, precedent, or opinion, or other thing, to the contrary hereof in any wife notwithftanding And whereas great difcontents have arifen in the minds of many of his Majedy's faithful fubje6ls on account of a refolution of the Oimmons Houfe of parliament pa(red on the 17th day of February, in the year of our Lord 1769, declaring John Wilkes, Ef«|. who had, on the 28th day of March, in the year 1768, been duly chofen and leturned a knight of the (liire to ferve in this prefent parliament for the county of Middlefcx, and afterwards on the 3d day of Fe- bruary, in the year 1769, had been expelled from the faid Commons Houfe of parliament by a majority of the B 4 members m I ■IS,' gh-, members thereof, and then on the i6th day of the famt month of February, had been again duly ele6led and re- turned a knight of the (hire to ferve in this prefent parlia- ment for the faid county ; to have been at the time of the re-ele^lion, and to be dill at the time of palling the faid refolution, incapable of being e!e6led a member to ferve in the faid parliament ; from which refolution many perfons have concluded that the faid Commons Houfe of parlia- ment meant to declare that his faid incapacity of being chofen a member of the faid Houfe of parliament arofe merely from his faid expulfion from the fame, and not from the circumftance of his being at that time legally confined in prifon in execution of a judgement of the court of King's Bench for having publifhed two criminal writings, and his confequent inability to attend his duty, and ferve his con- ftituents in parliament, though this had been mentioned as a principal ground for his expulfion : — and whereas it would be an unneceflary reftraint upon the exercife of the right of election in the freeholders and other eledors of Great Britain, and would greatly dimini(h the value of that iu)port- ant franchife, if they were to be precluded from treely choofing for their reprefentatives in parliament any perfons that they (hall think worthy of fo high a truft, and efl;eem beft qualified to ferve them, who are not rendered incapable thereof by fome known and general law, or fome pofitive aft of parliament in that behalf made and provided : IT IS therefore enafted by the King's moft excellent Majefty, b-j ard with the advice and confent of the Lords Spiritual and itmporal, and the Commons In this prefent parlia- ment affembled, that no expulfion of any member of the Commons Houfe of parliament by the faid Houfe, whether already pafled, or hereafter to be made or done, (hall be conftrued, or taken to have created, or to create, any inca- pacity ' .1* ^%,L^^^Jk i':.^%i.li.-t-J-^t, pacity in the perfon fo expelled to be again chofen into the faid Commons Houfe of parliament, either for the fame place for which he had been chofen before, or for any other : but the perfon fo expelled (hall remain capable of being re-ele£ted to (it in the fame parliament ; and, if he {hall be fo rc-ele£ted either for the fame or any other place, and he be otherwife duly quaiifled to be chofen according to the known laws of the land, he fhall fit and vote in the faid Commons Houfe of parliament in the fame manner as if fuch expulfion had never happened, or he had then been chofen a member thereof for the firft time.* * Though no Act of Parliament of the kind here recommended has ever been passed, yet the Resolution of the House of Commoni, formed on the 17th of Tebruary, 17C9» for excluding Mr. Wilke» from his seat in the House after his expulsion from it, on the pre- cceding Sd da^ of Februarj', and hi* Re-election on the l6th by the freeholders of the county of Middlesex, to wit, " That John " Wilkes, Esquire, havinir been, in this session of Parliament, ex- " pelled this House, was and is incapable of being elected a member " to serve in this present Parliament," was afterwards rescinded by a subsequent House of Commons, in the spring of the year 1789, when Lord North retired from his offices of First Lord of the Treasury and Chancellor of the Exchequer, and was succeeded in the former of those offices by the Marquis of Rockingham, and the Earl of Shelburne was made Secretary of State. It seems reasonable, therefore, to conclude, " That, as the law now stands, an expulsion of a *' Member of the House of Commons by the House, does not render *' the person expelled incapable of being elected again to serve in the *' same parliament." . '■ F.M. nr^ ,v,: A PRO- 10 A PROPOSAL FOR A RECONCILIATION WI'IH THE RE. VOLTED PROVINCES OF NORTH AMERICA, WITHOUT EXEMFI'ING THEM FROM THE AUTHORITY OF THE BRITISH PARLIAMENT. * . In thb Ybar 1775. c! IN the firft ptace, to repeal the Quebeck-A^, and thereby re-eflablifli the King's proclamation of October, 1763, with refpeft to the province of Quebeck, and reduce the extent of the faid province to what it was before the late Quebeck-Aft ; or, perhaps, (if it (hall be thought neceffary, upon a full in- quiry into the matter by the teftimony of Sea-officers ac- quainted with Newfoundland, and the Gulf uf Saint Law- rence, and the fiflieries carried-on in thofe parts, and by the teftimony of merchants acquainted with the fame fub- jefts,) to enlarge the former extent of the province of Que- beck, as fettled by the proclamation of October, 1763, by the addition of the coaft of Labrador, which, by the faid proclamation, was made part of the government of New- foundland \ but, by no means, to put all the interiour pari of North- America into the province of Quebeck. Secondly. — After thus repealing the Quebeck- Aft, and reviving the King's proclamation of October, l763, and reducing the province of Quebeck to a reafonable and mode- rate extent, capable of being governed by an Aflembfy, in purfuance of the promife in the faid Royal proclamation. To aicertain the laws of the province. This fhould be done by exprefsly mentioning and confirming the Petition of Rights the Habeas Corpus Act, the Bill, or Declaration V of of Rights, made in thefirft year of the reign of King William and Queen Mary, and perhaps a few other ftatutes that are fingularly beneficial and favourable to the liberty of the fub- ject, and then by confirming, in general terms, the reft of the laws of England, both criminal and civil, excepting the penal laws agaiuft the exercife of the Popifli religion, which fhould be declared to be (what they have always been un- derftood to be,) utterly null and void with refpeft to that province; and excepting, alfo, the laws relating to the tenures of land, the manner of conveying it, and the laws of dower and inheritance, at leaft with refpe6t to the children of marriages already contra6led, or which (hall be con- tra«5led before a given future day, and declaring, that upon thefe fubjeAs the former French laws of the province ihould be in force. ' " " But the laws of England, which difqualify Papifts from holding; places of truft and profit, ought ftill to be conti- nued In the province, though the penal laws ihould be aboliflied ; the former laws being not laws of perfecution, but of felf-defence. Yet the King might, if he pleafed, extend his bounty to thofe people who figned the French petition, and to fuch other perfons of the Roman-Calholick religion, as he thought fit, by granting them penfions. Alfo, it would be proper to abolifh the feigneurial Jurif- di£iions in Canada, for the fatisfa6l:ion of the gre^t body of the freeholders of the province. If this cannot be done confidently with juftice, and the terms of the capitulation granted by Sir JefferyAmherft, in September, i760,without giving the feigniors a pecuniary compensation for the lofs of thefe jurifdi^tions, (though I incline to think it might,) fuch pecuniary compenfations ought to be given them. The expence of a week's extraordinaries to the army at Bofton would be more than fufficient to make thefe compen- fations in a large and ample manner. L . Thirdly. !!i 1 I « It Thirdly. — Having thus afcertained the laws of the province of Quebeck, it would be proper to provide for the convenient adininiftration of juflice in it, either by adopt- ing the plan fet-fbrth above, in pages 343, 359, or fome other that (hall be thought fitter for the purpofe. •' ' Fourthly. — To provide a competent legiflature for the province of Quebeck. The beft legiflature that could be provided for it would, as I believe, be a I'roteftant AfTembly ehofen by the freeholders of the country, whether Pro- tectants or Roman-Catholicks. The next beft, I fliould be inclined to think, would be a Legiflative Council, confifting of Proteftants only, (fuch as is propofed in the draught of aii Act of Parliament, contained in the Account of the Pro- ceedings of the Briti/h and other Protejlant inhabitants of the province of Quebeck in North- America in order to obtain ehoufe of Ajfembly in that province^ lately publijhed and Jold hy B. White in Fleet- Street ,) to be tflabliflied for Only feven years j in which all the members (hould be made independent of the Governor, fo as to be neither re- movcable nor fufpendible hy him upon any occafion what- foever, though they might be removed by the King, by his order in his Privy Council. They diould be thirty-one in number, or perhaps more ; and (hould all iign the ordinances for which they gave their votes, and fhould be paid forty (hillings each, every time they attended the meetings of the Council, in order to induce them to at- tend in contiderable numbers ; as the Jufticcs of the Peace in England are intitled to a pecuniary allowance for attend- ing the Quarter-Scflions of the Peace, and the Directors of the Eaft-India Company, for attending the meetings upon the affairs of the Company, and the members of the Houfc of Commons are intitled to wages from their conftituents attending Parliament, though now they forbear demanding them. But they (hould receive no general falaries from the Crown, not depending upon their attendances; as fuch a practice 13 }>rat£lic? can tend to nothing but to make them dependent on the Crown, and contemptible in the eyes of the people. Next to fuch a legiflative Council, confifting of Proteflants only, a general Aflembly of the people, confiding of Pro- teftants and Papifts indifcriminately, fecms the nioft proper k'gillature for the province. And to the edablifhrnent of fuch an Aflembly but few obje^lions can now be made ; fincc the Englifti fettlers in the province, on the one hand, have declared that they are willing to acquiefce in the efla- bli(hment of fuch an Aflembly j and the King and Par- liament, on the other hand, (by pafllingthe Quebeck-A£l:, and permitting Roman- Catholicks to hold all forts of ofiices, feats in the legiflative council of the province, judicial ofli- ces, and even military commiflions,) have declared that they confider the old opinion, " that Roman Catholicks were not fit perfons to be invefted with authority under the British Government," as ill-grounded with refpe6t to the province of Quebeck. For certainly, if there is any hardfliip in ex- cluding Papifts from holding places of truft and profit in the province, there is a ftill greater hai'dftiip in excluding them from being chofen members of an AflTembly of the province. Fifthly. — ^To repeal the Bofton-charter Act; and to pafs a refolution in both Houfes of Parliament, that for the future, no charter of any American colony fliall be taken- away, or altered in any point, by the Britifli Parliament, without, either on the one hand, a Petition for that pur- pofe, to the two Houfes of Parliament, or to the King's Majefty, from the Aflembly of fuch colony, whofe charter it propofed to be either taken away or altered, or, on the other hand, a fuit at law, by a writ of Scire facias j to repeal the faid charter, regularly carricd-on in the Court of Chan- cery in England, upon a charge offome abufeof the powers of the said charter, by the people of fuch colony, or of fome other mifdemeanour committed by them, which may b« s IS' Iti III 14 be a legal ground of forfeiture of the fame, and a judge- ment of forfeiture pronounced in confequence of fuch itiit afrer a full hearing of the fame, and alfo a re-hearing in Parliament of the charges in the faid fuit, and of the proofs brought in fupport of them, and of the arguments which may be aliedged both for and again ft the faid colonies by Counfel, and an approbation and confirmation of fuch judgement of forfeiture by both Houfes of Parliament in confequence of the faid re-hearing of the whole matter. Such a refolution of the two Houfes of Parliament would give the Americans a ftrong moral afTurance that the pri- vileges granted them by their charters would not be lightly and wantonly altered for the future upon the hafty fuggef- tions of men little acquainted with their hiftory and con- dition, and whofe notions of Government are very differ- ent from their own. ' Sixthly. — ^To repeal the trial-aft, for trying Officers or Soldiers, who (hall be indifited for murder in the Maf- fachufet's bay, in others of the American provinces, or in England. This A£l:, I am perfuaded, was intended only for the purpofes of juftice, and to procure a fair trial to the officers and foldiers who (hould happen to be indi6led lor actions done by them in the courfe of their duty as affiftants to the civil magiftrate in the execution of the laws, and not to fcrecn them from puniftiment when they were really guilty of murder, or had occafioned the death of his Majefty's fubjefts in that province without fuch juft and lawful caufe. And I am further perfuaded that, in faft, it would not fcreen ihem from puniftiment, when the charge was fupported by proper teftimony ; but that the Juries that (hould try thefe indictments, whether in England or in America, would readily convift fuch officers and foldiers of murder, if the^' were really guilty of it, and proved to be fo by fufficicnt evidence. But the diffi- culty ? 15 tiilly of procuring the witncfles to the fafts to come acrofs the Atlantick ocean to give evidtnce concerning them, is fo great that it may almofl be confidered as unfurmountahle ; and confequcntly this method of trying thofe offences may be reckoned to be impradicable, notwith(landing the fpirit of judice and impartiality by which the Juries would probably be governed. And for this reafon the A^ ought to be repealed. However, as this A&. is only a temporary one, and will expire of itfelf in two years, it is a matter of much lefs confequence than the Quebeck A&. and the A&. for altering the charter of theMaflachufet's bay. Thofe are the Afts which have brought-on this civil war, and which, I apprehend, muft be totally repealed before peace can be reftored. Seventhly. — ^To pafs a refolution of both Houfes of Parliament, that, for the future, no tax or duty of any kind (hail be impofed by authority of the Parliament of Great-Britain, upon his Majefty's fubjedls redding in thofe provinces of North-America, in which aifembliet of the people are efiabliihed, until the faid provinces ihall have been permitted to fend reprefentatives to the Britifli Parliament : excepting only fuch taxes or duties upon goods exported out of^ and imported into, the faid pro- vinces as (hall be thought neceifary for the regulation of the trade of the faid provinces ; and that, when fuch taxes, or duties, (hall be laid by the Britifh Parliament on any of the faid provinces, the whole amount of the fame (ball be difpofed-of by the Aifemblies of the provinces in which they (hall be collefted, refpeftively. ' Eighthly. — That all the quit-rents, and other royal dues, collected in the provinces of America, (hall be ap- propriated to the maintenance of the civil governments in the fame, and (hall be employed in the payment of the falaries of the Governors, and Judges, and Sheriffs, or Provoft- '■■'1 ■m. I ■'l!> > 'Hi I ■ ill' i -r w 16 Protoft-Marfhalls, and Coroners, and other offices of Juftice in the fame, fo as to leiTen the taxes which it may be neceflary for the Governors, Councils, and Aflemblies of the faid provinces to lay on the inhabitants of the fame for the faid purpofe : and that a feparate receiver and collector of the fsud quit-rents and other royal dues, be appointed by the feveral Governors of the faid provinces refpe£tively in every feparate pi*ovince, who fhall hold his faid office during the pleafure of the Governor of the province to which he fhall belong, and his refidcnce in the faid pro- vince, and no l9nger, and who Ihall receive and enjoy fuch falary, or fees, or other emoluments, during his continuance in his faid ofHce, as fhall be allowed by an Act of the Governor, Council, and AlTembly of the faid province. But the portions of the faid quit-rents that (hall be afligned to the Governor, and Judges,^ and other officers of civil government in the faid provinces refpeAivcly, fhall be fuch as his Majefly, in his royal wifdom, fhall think fit to ap- point. Alfo it fhould be provided that no Governor, Judge, or other officer of the civil government of any fuch province, fhould receive any part of the falaries arifing from thofe quit-rents, or other royal dues, during the time of his abfence from the faid province, or after his return to the province, in confideration of his having held the faid office during fuch abfence ; but that fo much of his faid falary, ariflng from the faid quit- rents and other royal dues, as would halve accrued,!© him in the faid fpace of time, if he had refided during ftie fame in the faid province, fhall be deemed to be forfeited by his faid abfence, and fhall make a part of the publick treafure of the province, and be difpofed-of by the joint Act of the Governor, Council, and Aflembly of the faid province. wThe amount of thefe quit-rents and other royal dues in ^fiiyfi'V^ ■-'■■. Americji IT or Aluerica (liould be made good to his Majcfty out of the (inking-fund. NiNiHLY. — ^The offices of Secretary of the province, clerk of the Council, Regifter of deeds and patents, or clerk of ihe inrolments of deeds and patents, Provoft'-marftial, or (heriff, Commiflary of (lores, Receiver-* general of the king'* revenue, Coroners, clerks, or regifters, of the courts of juftice. Naval officer. Collector of the cudoms, Comptroller of the cuftoms, in every province, (liould be given to perfons rcfi* dent in the province, to be executed by thcmfelvt- s, without a power of making deputies ; and the fees to be taken by them (liould be, feiiicu by Acts of the Governour, Council, and aflfembly of the faid province, in which they are hol- den ', and they fliould be holdcn during the pleafurc of th6 Governour, or of the King, as his Majclly, in his royal wifdom, (liall think (it, but (hould never be given by patents imder the great fcal of Great-Britain, to be holden during the lives of the patentees j and they (liould be holden by feparaie officers, lb that no two of them (liould be holden by the fame ptiffon; - , . The prefent patentees of any df thefe ofBci: .liould have compenfations made to them for the lofs of their patents by penlions for their lives payable out of the finking-fund. TjiNTHLY. — In the governments called Royal Goveiri- ments, (which are carried-ou by virtue of the King's com- rriiflions only, without charters,) the Councils of the faid provinces (hould be made more numerous than they now are, and the nicnjbers of them fliould be nppointed for life. They now ufually confift of twelve members, all of whom may be removed at the i)leafure of the crown, and fufpended from the execution of their offices of counfellors, by the Governours of the province, till the pleafiire of the Crown call be known. This renders them of little weight and confequence in the eyes of the people, and confe- quently of little advantage to the Governour in fupporting his Majelly's authority, and preferving the peace of the 43 province J8 province. It would therefore be proper to enlarge their number to at lead 23 membersi and, in the more populous provinces to a greater number, (in Virginia, perhaps^ to 43,) of whom at leafl 1 1 (hould be neceflTary to make a board, and do bufinefs ; and it would alfo be proper to appoint them for life or during their good behaviour, futhat they could not be removed from their faid offices without a charge of fome niifcondu^l that (hall be a fufHcient ground for removing them from the faid office, and a proof and conviction of the fame in a trial by jury upon a writ of icire facias to repeal the patent by which they had been appointed to fuch office, or fome other bw-proceeding analogous to fuch writ. This numerous council fliould be the Legiflative Council of the province, and (hould concur with the Aflfembly in making laws. But, for the executive part uf government, the King might appoint a lefTer Council confiding of not fewer than 13 pei'fons, who fliould advife the Governour in all ihofe matters relative to the execution of the powers of his commiffion, in which he was dire^ed by his commiffion to a£t with the advice of his Councils And fevcn members of this Cooncil (hould be neceflTary to make a board, or do bunnei's. The members of this Council fliould hola (heir places at the pleafure of the Crown, as the King's privy Counsellors do in England | but (hould not be removeablc or fufpcndible by the Go- vernour. They might either be fome of the members of the greater, or legiflative. Council, or not, as his Majefty, in his royal wiidom, (hould think fit. This measure, " of making the members of the legiflative councils more numerous than they now are, and independent of the Crown, in order to give them more weight and dig- nity in the eyes of the people, and thereby to render them more capable of being ufeful in the fupport of his Majefty 's government," is recommended by fome of the warmeft friends of Great-Britain in Norlh-Amcrica j of which I will mention ilr hiienlion an inftance or two. Ii the yci'' i774 a very fcn- fible pamphlet was publiftitd by Thomt.s CaUell, in the Strand, entitled, " Covjiderations on certain Politicu Tranf- atiiont of the Pfov'ince of South'Carolina.** This unphlet has been generally al'cribed to Sir Egerton Leigh, jaronet| his Majcfty's attorney-general for that province. But, whofoever the author of it may be, he appears to be a per- fon well acquainted with the affairs of America, and more efpecially of that province, and a zealous friend to the intereds of Great-Britain in America, and to the con. tinuance of an amicable connection between the two coun- tries, upon the old footing of a fubje6tion of them both to the authority of the Britifh Parliament. In pages 68, 69, 70, of this pamphlet there is the following pafTage. " In •* my apprehenfion it feems abfolutely neceflary, that the *' numbers of the Council (liould be increafed ; and for this ** plain and obvious reafon, Becaufc a body of Twenty-four ** Counfellors, for inftance, appointed by the King from the •* firft rank of the People moft diftinguifhed for their wealth, ** merit, and ability, would be a means of difTufing a confi- " derable influence through every order of perfons in the ** community, which muft extend very far and wide, by <' means of their particular connections ; whereas a Council ** of Twelve, feveral of whom are always abfent, can have *< little weighty nor can their voices be heard amidft the clu> ** mour of prevailing numbers. " I think this body, adling legiflatively, ought to be made ** independent, by holding that ftation during the term of ** their natural lives, and determinable only on that event, or ** on their intire departure from the province. But the fame ** perfon might neverthelcfs, for proper caufe, be difplaced '* from his feat in Council j which regulation would, in a •' great meafure, operate as a check to an arbitrary Gover- •* nourj who would be cautious how he raifed a powerful " enemy in tlic Upper Houfe by a rafh removal j at the fame c a time ^'1 i ?> ! I' !l * 20 ** time that the power of removal would keep tlie Member " within proper bounds. The life-lcnure of his legiflative ** capacity would hkewife fuflicienlly fccurc that indepcn* " dency which is fo ncceffary to tliis llation, and fo agree- ** able to the conflitution of the Parent-State. I know fonie " folks wilJ raife bolli fcruples and Tears } but for my own " part, I think without much rcafon : for^ if we attend to *• the workhigs of human nature, we fhall find, that a ccr- ** tain degree of attachment commonly arifes to the fountain ** from whence an independent honour flows. Oppofitioit " feldom fettles upon the perfons who are raifed to dignity " by favour of tlie Crown, it having fo much the appearance ** of Ingratitude, one of the mod detefted vices j and it ever " a£is a faint and languid part, till a defcent or two arc pad, '* and the author of the elevation is extinft. From this rea- *' foning it feems tolerably clear to nic, that the Lcgillaior, ** being for life, and deriving his confequence from the ** Crowii, will rather incline to that fcale ; and it is not " probable that his oppofition would in any inlhuice be tqji- *' corous ot fafiious \ inafmuch as, though his life-eftate is *' fecure, he would not wifl) unncceflarilv to excite the re- " fenunent of ihc Crown, or exclude his defccndants or con- " nc6lions, perhaps, from fueceeding afterwards to fuch a '* pod of honour and diftinclion in their native country : in *•' ihort, this idea fecnis to admit fuch a gtiali/jed dtpcnderici/, *' as will attach the perfon to the fide of the Crown in thai '' proportion which the conftitution itfelf allows, and yet fo <' much real independency, as will make hrm fuperior to at^s ** of meannefs, fcrvility, and oppreflton. Whether thtfo *' fentiments are well-founded, or not, T fubmit to the inipar- '* tial judgement of my reader; what I principal.; mean to '' infer is, that the happinefs of thefe colonies much de- ** pends upon a due blending j or mixture , of power and " dependence, and in preferving a proper fubordination of «* rank and eivil difcipline." And 1 Si it tl And in pages 72 and 73 of the fame pamphlet, there is ;in()thcr paflTrtge, beginning with the words, " I rannot ciofe Ihis fiibjedl, Sec." down to the words, " found principles of tbf Erigiyh cotiflitutioHt' p. 73. 1. n, tliat is worthy of the reader's attention. And the late Mr. Andrew Oliver, (who was, firft, Secretary, and afterwards Lieutenant-governour, of the province of the Maflachufets Bay,} in one of his letters to ihc late Mr. Thomas Whatcly, (who had been fecretary to the trcafury under the lute Mr. George Grenville,) dated Feb. 13, i7f^9, writes as follows. ** Ypu obferve upon " two defeats in our conditution, the popular election of ■'< t])c Council, and the returt) of Juries by the towns. The V firfl of thcfe arifes from the charier ilfelf; the latter from " our provincial laws. As to the appoiutmept of tht Council, I am of opinion that neither the popular elec« tions in this province, nor their appointnjent (in what " are called the royal governments) by the King's man' " damus, are free from exceptions } especially if the Council, f* as a legidative body, is intended to anfwcr the idea uf *5 the Iloufe of Lords in the Briiifli legiflature. There they ** are fuppoCcd to be a free and inuependant body ; and on *< thfir lacing fuch, the 0rength and firmncfsof the Conilitu- f* tion does v;cry i^uch depend : whereas the cle«^ion, or ap- f* poiiitmcntof the Councils in the manner before-mention- " ed, renders them altogether dependant on their conftitu- " ents. The King is the Fountain of Honour ; and, as fuch, «* the Peers of the realip derive their honours from hiiji. But " then they hold them by a furer tenure than the Pro- " vincial Counfellors, who are appointed by mandamus, f* On the other hand, our popular eleftions very pften cxpofe " them to contempt: for nothing is more common than for ** the Rcprcfentatives, when they find the Council a little '' untraflable at the clofe of the year, to remind them that f' May is at hand. It is not requifiie, that I know •<< of, that a Counfellor (hould be a freeholder. Accord- .W''( m C 3 <(\ mg r I ill t If 23 •* ing to the charter, his refidence is a. fufficient qualification j ** for that provides only that he be an inhabitant of, or " proprietor of lands within, the diftrift for which he is <' chofen : whereas the peers of the realmiit in the Houfe of ** Lords, (as 1 take it,) in virtue of their baronies. If *' there fhould be a reform of any of the colony- charters, " with a view to keep-up the refemblance of the three ** eftates in England, the legiflative Council (hould confift *' of men of landed eftates. But, as our landed eftates ** here are fmall at prefent, the yearly value of £. loo *' fterling;^^r annitm might, in fome of them at If aft, be a *' fufficient qualification. As our eftates are partible after ** the dcceafe of the proprietor, the honour could not be ** continued in families, as in England. It might, however, ** be continued in the perfon appointed quamdiu Je henh ** S^Jf^^*^> *"''^ proof might be required of fome mal-prac- «' tice before a fufpenfion, or removal. Bankruptcy, alfo, *' might be another ground for removal." — " The King *' might have the immediate appointment [of thefe count ** fellors] by mandamus^ as at prefent in the royal govern- •* ments.** — ^** Befides this legiflative council, a privy coun-< «* cil might be eftablifbcd," Thefe authorities are furely very refpeftable, and of prodigious weight in favour of fucH an amendment of the conftitutions of the King's Councils in North-America, Alterations of thofe governments in favour of liberty, that are fuggefted and recommended by fuch friends to Great-Britain as the a ithors of the foregoing paftages, feem to be indifputably reafonable, aiid expedient, 9pd fit to be adopted by Great-Britain, Eleventh Ly.--:To declare, by refolutions in both lloufes of Parliament, that it is not expedient to require the American colonies to contribute any thing toward the difr charge of the national debt already contra6ted, in any mode whalfocyer, either by taxes to be impofed by the Britift^ parliament 'i w ^ pariiament or by grants in their own aflemblies^ or In any other manner whatfoever j but only that it is juft that they (hould contribute in a reafonable proportion, fiiited to their several abilities, to thc/uture expences of the BritiHi empire, that are of a general nature, and relate to all the dominions of the Grown, aad of which they reap the benefit, as well as the inhabitants of Great-Britain. TwELFTHLV. — ^To offer an act of pardon, indemnity, and oblivion to all the Americans who have offended the laws^ upon their layipg^down their arms, and returning to the obedience of the Crown within a limited time : withr jout making any exceptions whatfoiever, riot even of Mr. Samuel Adams and Mr. Hancock. By fuch a plan the principal caufes of uneafinefs and dif- content amongft the Americans would^ as I conceive, be taken-away ; and, confequently, if they are fincere in their .declarations of a defire to continue conne&ed with Great- Britain, (as it feems highly probable that all the Colonies, ex- iceptthofe of New-England, are; and, perhaps, even inthofe colonies, there may be many perfons of the fame difpo- (ition ;) it feems reasonable to hope that it would be gene- rally approved and accepted by them ; and yet the fupreme authority of the I'arliament of Great-Britain would not be given- up, ",. ■ ■ F.M. I I* f* t>l C4 • V i l!l> 24 ON THE INEXPEDIENCY OF ESTARUSHING BISHOPS /; :^ IN NORTH AMERICA. ^- ^ . To the Printer of the Public Advertiser. SIR, - - . March 24y lyjS. I soM E days ago obferved that It feenied to be ncceflary, in the prefent happy difpofition of the miniftry to meafures of Conciliation, to remove the apprehenfions of the Ameri- cans concerning the eftablifhment of Bi{hops amongft them by the authority of the Crown, or of the Parliament. This meafurc I recommended, as being cflcntial to the fuccefa of the intended treaty with America ; there being no rea- fon to expc6t that the Americans will ever return to the allegiance of the Crown without a full fecurity in this im- portant article. As a proof of their anxiety upon this fubjeft, I will now cite a pafliige from one of their publick papers, written fo long ago as the year 1768, when few perfons, either there or in this country, could imagine that the diflVnfions then fubfifting between the two coun- tries would in fo (hort a time have rifen to their prefent dreadful height. And we may well fuppofe, that what they then were anxious to obtain, they will not now re- cecd-from. In the publick letter of the Houfe of Reprefenta- tives of the province of Maflachufelts Bay, in the month of January, 1768, to Mr. Dennis De Berdt, who was at ♦hat time their agent in England, (which is, indeed, a moft able performance, and well worthy every gentleman's peru- fal; fee Almon's Remembrancer, number 34, page 167, and feq.) there is the following paffage : ** The eftablifliment of a Proteftant Epifcopate in ** America is alfo very zealoufly contended-for. And it '* is very alarming to a people^ whofe fathers, from th« " hardfliips r- k 25 (( tt ** hardllups ihey fuflfered under fuch an edablidiment, *' were obliged to fly from their native country into a *^ wildernefs, in order peaceably to enjoy their privileges, ** civil and religious. Their being threatened with iho ** lofs of both at ones muft throw them into a very difa- *' grecable fituation. We hope in God fuch an establifli- " nient will never take place in America; and we defire " you will ftrenuoufly oppofe it. The revenue raifed in '* America, for aught we can tell, may be as conftituti- ** onally applied towards the fupport of Prelacy as of foldi- *' ers and penfioners. If the property of the fubjcft is ** taken from him without his confent, it is immaterial whether it be done by one man or five hundred, or wliether it be applied for the fupport of EccleHailical or ** Military power, or both. It may be well worth the " confideration of the beft politician in Great-Britain or *' America, what the natural tendency is of a vigorous '* purfuit of thefe meafures." This paflage, I prefume, is a fufficient proof of the dread and averfion the Americans entertain for the eftablifliment of Epifcopacy amongft them. Nor were they apprehenfive without reafon that fuch a meafure was in agitation. For, in the firft place, when the Brilifh parliament pafled the aft for impofing a flamp-duty in America, in the year 1765, they enumerated, amongft the written inflruments that were made liable to pay that duty, the feveral inftrumentsof Ecclefiaftical law which arc ufed in the courts of Ecclefiaftical, or Epifcopal, jurifdidion here in England, as Citations, Monitories, fentences of Excom- munication, and the like : and it is reported with confi- dence, that, when the late Mr. George Grenville, (who was, at that time, firft Lord of the Treafury, and Chancellor of the Exchequer) was cold that the Enumeration of these iu- ftruments was unneceiTary, as no fuch courts were known in America, he replied, that, though fuch courts were not at yet eftablifhed in America, yet it was very poflible that they might i'j 25 might be eftabliflied there in fome fu.ure period, and that then it would be proper that tbofe inftrunients (hould pay the ilanip-duty ; and accordingly the Enumer^tipn of thefe Ecclefiadlcal Tndruments W4S continued in the flatnp-a6t ; and ihis is faid to have excited in the minds of the Ameri- cans a new apprchenfion of a defign of this kind in the government of Great-Britain. I fay, Mr. Printer, a new appreheniion of this kind, becaufe they had more than once been alarmed with an apprehenfion of this danger before, from the great zeal (hown upon this fubje6^ by fome of the mod eminent Llnglifli bifhops in the lale reign, amongft whom I believe I may reckon the two famous biOiops of London, Dr. Gibfon and Dr. Sherlock, and moft certainly the late I)r. Seeker, archbithop of Canterbury, who (though he had been bred amongfl the Protertant Dilfenters, and in the former part of his life had embraced the profeflion of Phyfick in one or other of its branches,) was remarkable for an uncommon degree of zea} for Epifcopacy, and a mod ardent deHre to extend its influ- ence to America. But this alarm, which had been excited amongfl the Americans by the Enumeration of the Jnftrumcnts ufed by Ecclefiaflical courts in the flamp-act, was greatly increafed by 9 pamphlet writien in the province of either New- Jerfey or New- York, in the year 1766, or 1767, in favour of the meafure of eflabliibing a Protedant Bifhop in America. This pamphlet was generally fuppofed to be written by Pr. Chandler, a clergyman of the churcjb of England, who was minider of a church-ofrlLngiand congregation at Elizabeth-town, in New-Jerfey, about fifteen mile^ from New-Yorkr It is f^id to h^vt: been «(bly and plaufi- bly writtent and to hav^ made a firong impreOion botl| pa the members of the chnrch of England in North- immQh ttnd particuUrly in thoTc twQ proyinc(» pf New- Jerfey :>j; M ^ m Jerfey and New-York, and on feveral men of power and influence in Great -Britain, To as to excite in them ai. (Irong defire of caufing the meafure of eftablifliing a blfhop in America to be adopted. At lead this was fuppofed by the Americans to be the effeA of it. For, foon after the publication of this pamphlet, the diflenters from the church of England in New-York, being much alarmed by an opinion of this kind, fet on foot a periodical paper to anfwer the do6lrines and fuggeHions contained in it, which they called tbe American Wh'tgf and in which all the a6ls of cruelty and oppreffion that had formerly been committed by bifliops of all forts, proteftants as well as papifts, and particularly thofe done by archbifhop Laud, bifhop Neal, and bifliopWren, in King Charles the Firft*s time, (which occafioned the great emigration of the Puritans to America, about the year 1630, by which the New- England colonies were firft effectually peopled,) were brought afrefh to light, and painted in the ilrongeft colours. This American IVIiig came-out either once a week or once a fortnight, (I ^orget which,) during all the year 1767, and revived all the ancient apprehenfions and animoliiies againft bifliops, which for a long time before had (with but a few interruptions) gradually fubliJed. This paper (as we might naturally fuppofe it would do) produced a paper in anfwer to it, which alfo was publiflied periodically, as well as the American Whig^ and at the fame intervals of time one from the other, that is, once a week, or once a fortnight. It bore a tremendous title, and was written, as far as I remember, in a '^ 'j of great haughtinefs and infolence. It was entitled, A Scourge for the American Whig ; by Timothy Tickle , Esq. and to this Scourge a reply was written, in defence of the American Whigi and entitled, A Kick for the Whipper ; ly Sir Isaac Foots which was likewife a periodical paper, thatcame- futonce a week or once a fortaight. All thefe three papers m I" V I fiS I I! 1 i iwpers were printed at Xew-York, in the years 17<57 and 1768, and had the ill effect of fetting the winds of the l>eople of America in general, but partiiularly of the people in that city and province, of the two oppofite fefts of Epifcopalians and Prelbyterians, very niucli upon the fret againft each other, fo as to deftroy all Chriftian love and affection in them towards each other. And it was, probably, in confequence of the ferment can fed by thefe papers, and of the apprehenfion of having a biftiop efla- btidicd in America, which had occafioned the writing them, that the Houfe of J^eprefentatives of the province of the Mairachufelts-Bay infcrtcd the above-recited paragraph i\\ their letter to Mr. De Berdt, their agent, dcfiring hiip to ufe his utmoft efforts to prevent fo dangerous an efta- bliflmient. Bnt, if the publication of Dr. Chandler's pamphlet was sufficient to alarm the Americans wiih the apprehenfion of having a bifhop eftabliflied amongil them, how much jnore would they be alarmed (if they were again fubjcft to the Crown) at the declaration contained in the fermon of the Archbifliopof York *, thatfuch a medfure was become Jndifpenfably neccffary ? Such a declaration from fuch a pcifon (who has been many years preceptor to the heir- apparent of the Crown, and has fince been promoted to the fecond (Nation of dignity in the church, as a mark of his Majefty's approbation of his cond.:6i: and principles) would be conridcrcd by them as an authentick, publick, notiflcatioa that a defjgn of this kind was deliberately refolved-on in the cabinet, and would of itfelf, if every thing elfe was fettled to their fatisfaction, be alnioft fufficient to drive them into a new rebellioii. The paffage in which his Grace makes this declaration concerning the eftablinimicnt of biihops in America, is as follows : • Dr. William Markham, in a Sermon preached before tAe Smcty for propagating the Gospel, on the 21 si Oa) of February, 1777. ** We tt ** We liiay now perhaps difcover a fay of biightiicf^. " But for the continuance and incrcafe of it we muft rely ** on tlie wifdom of our governours, in confidence that ** neceflity will at laft provide thofe remedies which fore- ** fight did not : that the dependance of the colonies may " be no longer nominal. And for our fpiritual intercils, " we hope the reafoning which was fo juft in the cafe of " Canada, *" that, if you allowed their religion, you nnifl, " allow a maintenance for their clergy,"* will be thought, ** at leaft, equally ftrong when it pleads for our own ** church } that thofe who arc difpoffd to worfhip God " in peace and charity, may be thought entitled to a ** regular and decent fupport for their miniders; that ** they may not continue to want the important office of ** Confirmation, without the benefit of which even a Tole- *' ration is not compleat ; and that thofe who have a call ** to the miniftry, may not be obliged to fcek Ordination '' at an cxpenfe which is very grievous, and with the '* hazard of a long voyage, which has been already fatal " to many of them. We have, furely, a right to expeiSt *' that the only Eftabliflied church fliould not, againft all ** example, remain in a ftate of oppreflion, and that, ** whatever encouragements may be afforded, they (liould ** rather hQ/or the profeffing it than againft it.'* This paffage, I prefume, cannot p' .fibly be underftood in any other fenfe than as a declaration that, in the fird place, the Governments of the American colonies muft be new-modelled, and made Icfs popular, and more de- pendant on the Crown, than they now are ; and likewife . that a powerful (landing-army muft be kept in them, to fe«ure their future obedience, or to the end that their dependance may be no longer nominal 'y and 2dly, that tythes, or fome other tax, ought to be impofed on the laity in Anietica for the fupport of the church-of-England Clergy ■'l it'';i 30, Ctdigyi in the fame manner as has been done in Canada for the maintenance of the Romlfli clergy; and 3dly, that one or mdre Protellant Bifliops ought to be eftabliflied in America, who (hould be conftantly refident there, to Or^ dain clergymen, and adminider the office of Confirmation. Now either of thefe meafures, taken feparately, would have been fufficient to excite the Colonifts to rebellion, if they had been in perfe£i peace with Britain before they had been undertaken. It is therefore neceiTary to give the Americans the fulleft parliamentary fecurity that they never will be at- tempted ; and more particularly the lad mcafure, of fettling a bifliop amongd theni> becaufe that is a meafure that has been mentioned by many other pcrfons of Weight and influ- ence in England before the Archbifhop of York, and has given the Americans great uneadnefs. A Friend to Reconciliation* * i!!! il II '•,>■• •^li A PARAPFIRASE ON A PASSAGE IN A SERMON PREACHED BY THE MOST REVEREND DR. W'lLEIAM MAKKIIAM. ARCHBISHOP OF YORK. BEFORE THE SOCfEi'Y FOR I'ROPAGATING THE GOSPEL, ON THE 21st OF FEBRU- ARY, 1777} . . , When IT WAS EXPECTED BY THK PERSONS WHO HAD ADVISED THE AMERICAN WAR, THAT THE REVOLTED COLONIES IM AMERICA Would SOOt^ toE INTIUELY 81.'BUUED,AND U£DL*CCU TO THE OBEDIENCE OF THE BRiVlftH PARLIAMENTS ,,, The paffage ilfelf, which is here intended to be para- phrafed, is in ihefe words. ** Our profpe£ls indeed have " been long dark. Wc may now, perhaps, difcovcr a ray ** of hrightnefs. But for the continuance and increafe of it '* we muft rely on the wifdom of our Governotirs j in conji^ ** dence that Neccffity will at lafl provide thofe remedies ** which Forejight did not ; that the dependa7ice of the " colonies may be no longer nominal. And, for our Spivi-^ '* tual interefis, we hope the reajoning which wasfojujl in ** the cafe of Canada, *" That, ifyou allowed their religion^ "you mtifl allow a mainteiiance for their Clergy,^** will be thought at leaf equally frong lUhen it pleads for our own Church : that thofe who are difpofed to worfhip God in " peace and charity, may he thought entitled to a regular ** and decent fuppott for their minijlers ; — that they may not " continue towant the Important office of Confirmation ; with- " out the hcneft of which even a Toleration is jtot compleat^ t( -^and that thofe who have a call to the minijlry may not *' he obliged to feek Ordination at an expence which is very ** grievous, and with the hazards of a long voyage, which ** has leen already fatal to many of them. JVe have fur ely " a right to expeS, that the only Efiabl'i/hed Church fhould not, againfl all example, rc/nain in a fate of opprtfjion. ti it aui. fi I: h 1 I I ! i^l IB 3^ *' ^j;i<]? //&a/, whatever encouragements may he aJJordcJi ** they Jhould rather be for the profejjing it than againjl «* it. " As to what relates to the delinquent^j wet ^or our ** partSy Jhould w'tjh to fay f *'• Goy and Jin no more,''" Bitt ** the Interejls of great States require Jecuritics that are fiot ** precarious.'* This paflage is exprcfl'ed in finoolh and plaufible language : but it contains a variety of moll bitter propofitions. I pre- funie it may be fairly paraphrafed in the following man- ner. ** Our profpe6ls of reducing the rebel Americans to ail *' unconditional fubmiflion to the authority of the mother- ** country, fince the breaking-out of the prefent troubles, ** have, till lately, been but gloomy. Tlicir armies had in- ** vadcd and reduced all Canada to their obedience, in the ** winter of the year 1775, except the fingte town of Quc- *' beck ; — and had blocked-up Gleneral Howe, with all the " Britifli troops that were then in New-England, within " the town of Bofton during the fame winter^ and had -^t ** lad obliged him to abandon it in the month of March oi ** the following year 1776, and fly with his army to Halifax ** in Nova Scotia ; — and they had repulftd the Britifli fleet •* and army under the command of General Clinton and ** Sir Peter Parker, in an attempt they made in the fame '•' year to poflcfs themfelv«s of Charles-Town in South ** Carolina :— infomuch that, about half a year ago, ** neither his Majefty's troops, nor thofe fubjedls of his •* Majefty in America who had prefervcd their allegiance <* to him, poflefll>d a (ingle foot of land throughout all the ** thirteen revolted colonies. But now of late the for- i* tune of the war has begun to change. A ray of brighl- ** nefs has brdke-forth in the fucceflcs of the army under •* Sir William Howe in New- York and New-Jcrfey, and « of •« ot that under General Burgoyne and General Carleton « in Canada. The fiegc of Quebeck has been raifed, and «» ihe whole of that exlenfive province recovered by tht " latter generals j and the principal army of the rebel ** Americans has been defeated by General Howe in Long •* Ifland} and Ihcy have been fincc driven from their forti- «* fied pods at New- York and King'« Bridge, and from ** their forts near Hudfoii's river; and great part of thi ** provinces of New-York and New-Jerfey has been redu- " ced to the obedience of the Britifli Crown : — And, from " the precipitate manner in which the American army ** hai3 every where fled before tlie Britifli troops, there it " good ground to hope that, in the courfe of one more " campaign, the whole appearance of refiftance to tha *' authority of Great-Britain in America will be at an end. " Then will be the time for confirming and rivettihg the ** dominion of the Mother-country over thofe turbulent ** and ungrateful dependencies, by making fuch wife and effedlual civil regulations as (hall prevent a return of the prefent didurbanccs ; — regulations which ought to have been made long ago by the government of Great-Bri- ** tain, if that government had had a proper degree of fore- (ight and attention to the feditious and republican prin- ciples that had long prevailed in thofe colonies, and to ** the mifchiefs which thofe principles were likely one day *' to produce. They will, however, be now made at laftf ** fince the want of them has been fo fatally experienced^ ** The depcndance of thofe colonies on Great-Britain will " be no longer nomintil, but real and^rong ind permanent^ ** in confequence of thefe new regulations which NecefTity *' will have taught the Britifli government at length t« «< eftablifli. " What thefe regulations will be, cannot yet be known « with certainty. But« from the meafurcs which the wif^ D «< dom t( ti (( (( ft 1; [: m %H w. ' t ^^' Wl 34 '* dom of Parliampnl has already adopted w lih rcfpe^^ to ** fomc parts of North- America, we may conje6\ure that ** ihey will not be very dlflcreiU from ihofc that follow, ** In the firft place, the dcmocratical charters of Con- «* nefticut and Rhode-Illand (which veil in the people of <* thofe provinces the right of annually choofing their own *' Governors, Councils, and AircniMics without any inter* ** ference of the crown,) will be either totally aboliflied, as ** abfurd and incompatible with the genius of the Britidi *' government, (which, though in fome refpe^ls limited, is, ** in its eflence and principle, monarchical,) or will be <* greatly altered by the wifdom of the Britifli legiflature, «* and rendered more dependant on the crown •, as the char. <* ter of that other, and mod turbulent, province of New <* England, the Matrachufctl's Bay, (though lefs democrati- *' cal than the two former,) was in the year 1774, by the " advice of thofc eminent ftatcfmen. Lord North and Lord «* George Germaine*. *' In the fecond place, 1 he proprietary governments of *' Penfylvania and Maryland will, mod probab'y, be alfo " corre61ed by the fiime wife and fupreme k-gidature; and «* the powers of government which arc veiled by the char- «* ters of thofe colonies in the heirs of William Penn and <' Lord Baltimore, (the founders of them,) will be refumed <« into the king's hands, upon reafonable compenfalions in " honour and profit made to the faid heirs for the lofs of ** thofe hereditary jurifdi6kions, and will be annexed perpetu- ** ally to the crown, from which they ought never to have ** been feparated. This meafurc we may confider as almoft ** fure of being adopted in the new regulation of the Anie- • See Almous Parliaiueutary Debates for the year 1774, pages •* ricaii :. ! . 35 ** rican colonies that U now in contemplation, on account *« of its intlifpcnfublc importance towards eftablifliing that «* deptnclancf of thofc colonies on Great-Britain which i« *• fo much theobjcfl of our wiflics. « And, thirdly, we may fuppofc that i>i the faid province «* of Ponfylvania, (in which, hitherto, can you believe it ? " thire has been no council to balance and controul th« ** afTciubly elected by the people,) the wifdom of parlia- *• ment will think it ueccdary to eftablifli a council that " fhall be compofed of pcrfons of the grealefl weight and " dignity in the province, to be nominated by the Crown, ** and w ho fhall alio be removeable at the pleafure of the " Crown. And it feems probable, alfo, that the number of " counfcllors fo to be appointed will be made variable at the *' pleafure of the Crown between the numbers of iivclve ** counfellors and tldrty-Jix^ or fome other pretty difiant •' limits J fo that the king, in his royal wifdom, may, at " any time, either add to, or take from, the faid coun- " cil a great number of members, whenever he fhall think ** the members already belonging to it not fufficiently at- ** tentive to the maintenance of his royal prerogative. ** For this has been already done with refpc^l to the new " council eflabliflied in the MalTachurett's Bay by the late ** judicious &&. for amending their charter, which was " paffed in the year 1774 by the advice of the aforefaid •* great ftatefmen. ** In the fourth place, we may hope that all the judges ** and (heriffs, and other officers of juflice in the feveral *' provinces in America, will be made compleatly depen- " dant on the Crown, fo as to be both nominated by the ** king, and removeable by him at his pleafure, inflead of ** either being elected by the people, (as ihey now are in ** fome of the colonies by virtue of their unfortunate char- ** ters,) or of being appointed by the crown in a permanent «* ' ' * D :» manner^ .■If' i m 36 hc provWicc, *• or member of its Icwitlative coimciK For it i« ob\riotr8 ** that fucb a meafure, if extended to ihoft other provmcei, '* would greatly contribute to keep the members of the ** feveral courrcib of them in a habit of coiiftant fidelity and " attachment to the interttflt of the Croxcn and of Great- " Britam. " In the ferenth pkce^ it wiUeridernily be pwpet to build ^* forts, or citadels, in ali the prtncrpal towns ofNoith- ♦* America, and Itkewiife at th^ sjiomhs of all the piincipal ** rlvera tjiverc ;^ more efpccially at Bofton, New -York, ** Philadelphia, All>afiy in the province ofj^ew- York, and *• Charhts-Town in Sowfh-CaroJitia, and at the mouths of *' the rivers ConneAicnt, Hudfon, atwd Delaware ;— ami lo " keep-up ftmnt; garrifons in rhcit* ; in order lo curb ih6 ** liceniiroufoefs of the people, and tn keep them in that •* flate of peace and fahjieiftion to the crown to which we *' have rcafon t« hope they trill foon be reduced. The ** nuin»ber of troops reqnifite for this falutary purpofe «itl, " I prefume, be about fhir¥y thoufand men. " Without this very important mcafnre it would not be *' poiBble to carry the former meafures into exeeivtioa ; — " at lead till the people of thofe provinces had become " habituated to the nevM kind of government eftabliflied '* over then*, and had formed their hopes, and Views, and " fentimer»ts, afccordingly. This meafure \s> therefore in- " difpenfably neeeflary, that iho dopend^anee of the eolo- *' nies on Great-Britain may be no longer nomiival^ as", ** by the fupinc condudt o^fbrnMir niinifcers of fta«j it ha% " been hitherto. ** And, as the foregoing regulaiions', and iftflire efpocii;»lly *' the laft, will evideni'ly rer|uirc a very eoti(idcrabl;pL'nded by govern incnCj and *^' it ia but rcafonablii that the Aiuerioaui (liouU pny (hid ' fi 3 *' niuuwy ■h ..■Si. :J 38 n or opprefljon^ while every other denomination of proteAants enjoys the higheft dtgree of liberty: vvhich is an event of a Angular nature, and contrary to the example of al] other governments in the world; as tbej always take care to provide fuitable encouragements and fupports for the " feveral religions they think fit to adopt and eftabliflu It ** is fit, therefore, that England Oiould, at lad, follow the fame jufl policy^ and that every encouragement that the British government can afford to any religion in America (hould be afforded to that of the church of England. " As to what relates to the perfons who have engaged in '' this wicked and unnatural rebellion, we, that are miniiter^ ** of the gofpel of peace and mercy, (hould, if we were to " follow the inclina'tions of our hearts, rejoice to fee thofiq offenders difcharged, at the clofeof thefe troubles, with no other puniihmerit or reproof, than our Saviour's exhorta* '' tion to the woman taken in adultery, * GOf and Jin no mort.' But policy and prudence forbid fo mild a con- " duft, and make it neceffary to the future fafety and tran- ■** quillity of the flaic, that many ot thofe who have been " moil guilty in exciting this rebellion in America (hould " receive due puni(hment for their crimes by the fentence « of t( <( « « « tt It it tt tt €t i< « « (( it II m ''f iit' i ** of thofe laws which they have fo wantonly and alrocioufly " violated. The members of the Continental Congrefs in '* particular, who have pallid the vote of Independance, " and thereby ihemfelves renounced, and infligated their " countrymen to renounce, the allegiance due to the king's «' facrcd majefty, mull be confuicrcdas having offended be- " yond all hopes of mercy j which, if it were extended to " offenders of that deep malig^nity, might be juftly cenfured " as weak and dangerous, and injurious to the publick wel- " fare. For it would countcr-a(5l the good cffe6ls of the " fucccfles with which God hath been pleafed to blefs our " arms in this unhappy conteft, and would render precari- *' ous the future peace and tranquillity of the American " colonies, and the future authority of Great-Britain over " them, (by which alone that tranquillity can be preferved,) " by preventing the exiftencc of the ftrongeft of all fecu- " ri ties for the continuance of thofe bleffings, to wit, the terror arifing from the fight and memory of a fevcre and extcnfive execution of the laws againd thofe who have fo wickedly overthrown them. Thefe very great offenders, therefore, together with the principal members of the " feveral provincial afffuiblies, or conventions, that have ufurped the government of their rcfpe6tive provinces fince the general itjcilion of his Majefty's lawful authority, we mud now prepare ourfelves to fee punifhed in the " manner the laws dire6l, in order to infure to future gene- " rations the advantages of peace and harmony between " Great-Britain and the American colonies, with a due fub- " ordination of the latter to the parental authority of the " former, which, by God's blefling on his Majefty'sarms, " are likely now foon to be cllabliflied." This I take to be a fair and moderate interpretation of the above-mentioned paffage of the Archbiftiop of York's fermon. t< « « (t ti ii .; ( 43 fermon. The feven propofitions, or regulations, herein before diflindly fet forth in the firft pirt of the foregoing paraphrafc, are thofe which I conceived, upon reading the faid paflage of that fermon, tlie arcl.biniop nnifl have had in his mind at the lime he wrote it, and would have fei forth and avowed, if he had been under aneceflity of pointing- out di(lin as fiollows. •* The prefbyterians and other pro- " ittftant diflenters of England are at this day as much ene- ** mies to government, and as dangerous to owr civil ** interefts, as the papifts were in the reigns^ of queen Eliaa* " bcth it it u u u u il tt « *; « 45 ** heth and king James I. when thofe fevcre law* were '* made againft them. Therefore it is now equally juft and " neceflary to make the like laws againft the faid protcftanl " diflenters." This is a ftrange accufation to be brought againll that body of men in England who have, of all others, been niofl uniformly and zealouily attached to the government of the princes of the houfe of Hanover, ever fince the firft moment of their accefTion to the throne of thefe kingdoms ! — and for no other crime but ^xp^effing a difapprobaiion of the wild and dangerous project of attempting to govern three millions of people, at the diftance of three thoufand miles, in a manner they did not like, by means of a great army, compoft'd in part of hired foreigners ; — a proje6l which was likely to be almoft equally pernicious to Great-Britain, whe- ther it did, or did not, fucceed. For, if it had fuccceded, it would have increafed the power and influence of the crown (which are already generally thought to be too great,) in fo great a degree as to have rendered the liberties of Eng- land itfelf precarious, or dependant on the perfonal cha- ra6ter and virtues of the king upon the throne ; and it would likewife have occafioned a prodigious additional Annual expenfe to Great-Britain, to maintain the army which would have been neceflary to keep America in fiibjec- tion, after it had been fubducd ; — an expenfe which would have far exceeded all the taxes that could have been raifed for that purpofe in America, together with all the profits that Great-Britain could have derived from llrc prefervation and monopoly of its trade. And, if it did not fucceed, (which was much the more likely event, and that which we now fee and feel, has happened,) it was likely to be attended with the total lofs of the colonies of North-Ame- rica^ (which would in fuch a cafe make themfelves indepcnd- ant ;h: i I ' iinl of Great-Britain,) together with that of the Weft-India iflandi, and thcNowfoiindlanu fitliery, and (in C(;nfc(Micnce of thefe loifcs) with the diminution of our trmle and mari- time power, the dcToafe (if ihf produce of the culloms and excifc, the Iclleningof ihe fieunlv of the national debt, and the neceflity, at thf fame time, of continually layingon new taxt'S, which muft, in Inch a ftate of things, he principally levied upon t;.e lamlcd property of the kingdom. All thcfe nubfoiiunes, and more, were likely to be the confequence of the failure of fucccfs; in this attempt to fubjugale America. And that thi.> attempt would fail of fuccefs, was eafily forc- fecn, and pubiickly and repeatedly foretcld, not only hy many of the protcftant dilTentcrs of the kingdom, but by numbers of people of other defcriinions in it, ^vho thought it highly improbable that France (notwithflanding her pro- feffions of friendfliip and fidelity to her engagements with Great-Biitain,) would forbear to interfere in favour of the colonies in one period or other of the difpute, in oider to prevent the reconciliation and reunion of ihofe two great members of the Britifli empire, and (to ufe Dr. Franklin's cxpreffion in his memorial to ihe court of France in the autumn of the year 1777,) to improve ihe tnq/i favourable opportunity that bad ever been off'tred her^ of humbling her moft poictrful and hereditary enemy. And now the event has (hown that this apprehenfion was but too well ground- ed. It ought not therefore to be imputed as a crime to the proteftant d (Tenters of the kingdom, that they oppofed that impolitick fyftem of nieafures which, ihcy faw, was likely to bring ruin on the nation, and deprive his Majefty of a great and moft flourilhing pail of his dominions ; — and much lefs ouj^ht it to be confidcrcd as a crime of fo deep a dye as to warrant the very fcvere meafurcs which the Arch- bifliop recommends to betaken ngainft thcui, of treating " ' them 47 them as afclot people who, by principle, are enemies to the co'idituiion o\ tht ir coiitury, and ot exltndiug to them, oil that account, the laws formerly nuule againll papills. ' As for tlie other event of this altcujpt to fubjugatc Ame- rica, I mean the fuccefsful one, the ArchbiOiop hinifelf has* f'urnifhed all lovers of civil lihtrty with the moll fubftantial reafons for wifliing that ii nnght not happen, by difplaying to them the fyllem of mcafures which, bethinks, in that event, ought to have been, and would have been, adopted, by thofe who dire6l the publick counfeU of this nation, for the future regulation of America, to wit, the fyftem which 18 contained in the firft paflTage above-reciled from his grace's fermon, and of which I have ventured in the foregoing pages to furnidi the reader with a paraphrafe. For, if America had been perfcng and io falaliy. I propoled (in my mind) that ihe Kill reinforcement from Etjoland would have been made l^co (rionj:, nnd that fi;ch a nusnbcr would have hrcu lent into Norih-Carolina, and either landed at Cape JhVar or tkienu^n ; and torccd their march to the weltward, and 51 o tine ail and b.ick of Green, whilft the fouihern army puflied him in front ; a few weeks niuft have deciclctl his fate, and he would have been fortunate if lie could cap'ilulaU — I his was Kvhat be dreaiUJ \ and llicrefore a nioft fubftantial rcafou why it was not dv>ne : at that time near 6 or 7000 nieu wcreundcr parole, their internal government diflr.iAed, their governor a prifoncr, and Wilmington open as an afyhim and protection for the loyaliflsj the greateft difficulty at- tended fupplies getting to Green, either men or ftorcs. Tiie fubjedt, was I to continue it, would fwell too large for a letter ; I fliail, therefore, briefly give you my opinion upon what ousht to be done, and what can be done, if Great-Britain has only virtue enough left to hang, and fuWliiute honefty, activity, and plan — inftead of fupine- nefs, confufion, 8cc. &c. I'he force that Great- Briiaia has now in America is fully fufficient for the plan I pro- pofe, which is to bring all their force to the fouthward, and reduce the whole A'i far to the northward as James River : this is not vifionary, like all the fchemcs our country has been purfuing thcfe feven years, but is real and fubftantial. How, evacuate New-York, and leave the loyalifts to the mercy of the rebels? My anfwer (liall be fhort : If you don't do this, you mull: evacuate all America. What is then to become of the loyalifts r Can any man in his fenfes think, that holding New-York with 14 or 15,000 troops in its garrifon, will prevent the independ- ence of America ? The way to prevent it, is to conquer that country that is acceflible to our arms ; to keep their internal government in confufion by the operations of war ; to prevent the cultivation of their lands j to increafe their diftrefs by the continual drafts of men for their army ; and the extreme burthen their taxes mutt be. Now their paper currency is annihilated, if Wafliington com6s to the fouihward, fo much the better ; he greater muft the cx- K '2 pcntfo •■1 R' HI 52 ■i < I penfe be to tlie Americans, the better opportunity to bring him to a cleciHve a6tion, and the foonc-r will the country be cxhaufteil of its refources j which I am furc you need not be told is every day growing lefs and lefs, notwith- (landmg ail the pompous harangues of the patriots and republicans. What I purpofe can be compleated in twelve months, if a man of courage and wifdom is placed to con- du6t it. It would be wifcr in the nation to vote a few thoufand pounds as a compenfalion for lofles to fucli loyalids as may incline to follow the Britifli flandard from New- York, than idly to wade millions on what I will be bold to pronounce fhe will never efTeiSl, if the prefent nieafures are re-adopted and purfued. If a pod is wanted to the northward, why not take Rhode Ifland, a much lefs garrifon is neccflary ? But why will not Tybee and Beaufort anfwer for our Ihipping ? and, if fortune (hould ever give us a fuperior advantage over the French by fea (and, if you had honed and wife men to direct your naval officers, you would have done it long ago), what is to pre- vent OUT taking pofleflion of the Chefapcak again ? If Great- Britain gains the provinces of Georgia, South and North-Carolina, and V^irginia, flie will have the only places worth her toutciuiing-for : and " that (lie can gain them" is indifputable. Let her whole force be brought to this point : determine to extirpate rebellion by inftanlly punifliing ihofc who Hiall oppofe ihem cither by anus or any other way. Court and reward thofe who join you, and let your addrefs and money be applied for this purpofe; prevent plundciing either foes or friends; exa6t the ilriiSleli difcipline; ciiablifli a civil and moderate code of government, till the country is prepared for the reception of its former civil gowrnment ; endeavour and invite the principal perfons in each province into a (hare of its tiovernmcni ; avoid the leail (liadow of dilVefj)e6t ( ; 53 difrefpcA to fuch perfons (a contrary behaviour has pre- venteil, in a great nieafure, that confidence) ; direft your arms with unremitting vigour againft all partizans ; never parole, without the limits of your garrifons, pcrfons of any influence; punidi, in the mod exemplary manner, all perfons, without diftindlion of rank, who (liall be guilty of nuirdering lovalifts otherwife than in open a6lion ; be fteady and uniform in your mcafures ; let honedy guide all tranfatSlions both public and private ; convince the people by this conduA that you are determined to efta- blifl) the J^iiifl) civil government, and then let them fee as mucli vigour and enterprize in your management, as they have difcovcred and received from your enemies, and fuccefs will crown our endeavours with an honourable peace, and the rcftoration of the bleflings of Britifti government. A dejeujive war on this extenjivc continent will have all the bad effc^ls of a truce to Great-Britain. If America is permitted to eftablifli and execute their civil government, and to recover from the diilreis and difficulties they at prefent labour under, to furnidi their quota of men and (lores neceflary for active fervice, (lie will be ludependant in fpite of every effort afterwards. Many obvious reafons mud appear to you, to fee the matter in the fame light that I do. A naval war is proper and neceflary, becaufe you diftrefs their conmierce, render foreign fnpplics dear and precarious, and at the fame time keep them in conftant dread o^ predatory expeditions, which ought often to he Jet on foot, I am now come to fpeak of another fubje£k of great con» fequcnce, I feci the weight of it upon my mind, but I am certain of its good effedls if properly conduiSled ; that is, arming the blacks. In addition to the forces already on this continent, near 8 or 10,000 ftrong hearty black males may be found proper for the field j if they were put under E 3 proper '1 • i proper white officers, regularly trained, and clothed and fed in the fame manner as the King's troops, great fervices would be performed by thpra in this fouthern country { although they may not be equal to the attack of white regular troops, numberlefs fervices are to be expedled from them, equally ufeful in a war like this, The fqucamifh may raife objei^iuns, but they ought all to vanifli in the eyes of a true friend to his country, when the conteft is be- come fo ferious as to threaten its very exiftence. The French employ in the Weft Indies a great number; they brought their black troops agaiull Savannah ; the Rebels had a company or two againft fiurgoync, and would have raifed two regiments in South-Carolina, if the fear of leading the Britifh into fo wife a nieafure had not prevailed againft Mr. Laurens, the advocate of the mcafure. Bc- fides, the fliock it gives to property will alarm your ene- mies in a moll material manner. The caution and wif- dom in executing this matter are the only things wanted to enfure it every poffiblc fuccefs. Let the creditors in this country receive fonie indemnifi- cation by other means fcr the hazard they run in this property, and let the loyalifts be exempted from parting with their flavcs, or be paid their full value. In fliort, I am fo pofleflTed with the idea of the poflibility of poflfelTmg the country I have defcribed, that 1 am cer- tain it it is properly attempted, your country will yet rejoice in vidory. But what is to be expe6led from men and meafures like the prefent; an alTembly fat within thirty or forty miles of an army fuperior to the enemy, entered into a full difcuHTion of their affairs, arranged their civil and military bufmefs, confifcated the property of a very conliderable number of the loyalifts, filled up their army lifts, laid taxes for the fupport of their meafures, and although they were upwards of fix weeks on this bufinefs, not 5j not a fingle atlfmpt was made to inlerrupt them, except in a truly ridiculous proclamation, which the Britifh General (ii; honour of his country) thought proper to con» liinic under puijlication, before and aflcr they had done all the mifchitf ihcy could dcvife. The four provinces I have named contain every articU that is valuable in the commerce of Great-Britain, ixxAjht muft be loft indeed, if y^^ givcs-up what it is flill in ber power to regain. Though the loyalifts have reafon to be greatly difl'atisficd with men and meafurcs, if ihcfe are changed, and a proper force and aclive meafurcs are adopt- ed, they will readily lend a helping hand to the mother country : but be aiTured all I have recommended mud bs fpecdily taken in hand j olherwife it will be, like every former matter, a day after the fair. What can be more fortunate for Great-Britain, than the annihilation of the paper-currency j in South-Carolina they have voted near 4co,coo filver dollars for the continental quota for the prefentyear; this is exclufive of their (late contingencies. How much this will accumulate in an unfuccefsful war need not be pointed-out to you. In South-Carolina they are collecting a number of confifcated negroes, and others, and are fending them off to North-Carolina, to be given as bounties for continental foldiers for the flates of South* Carolina and Georgia; 800 are already (it is faid) fent-off, and 400 more are to follow. With refpert to terms of peace, furely the pofleffion of a country is far more likely to procure an advantageous one than the poffeflion of garrifons, in which you only more evidently (how your weaknefs, by not dating to ventuiil out of them. As a proof of the good effects of cCtivity. In North- Carolina the whole force collected to take their Governor, and prevent the excurfion of the garrifon from Wihnington, S 4 never M rtevcf exceeded 6 or 700 men under Butler and Rutherford, two of th? mofl a6tive and zealous partizans in that coun- try. Lord Cornwailis and Major Craig had paroled a third of the people ; but all thefe advantages were loft, by want of condud elfewherc— But how can Great-Britain contend cigaind all the world ? I confefs this is a very awc- ful queftion, and was it a true (late of her fituation, I (hould not hefitate to pronounce it impoffible. But governments, like individuals, are governed by intercft or paffion. If RuJia is worthy the alliance of vour countrv, make it her interelV to unite with you. Gibraltar and Minorca arc finall purchalcs For this country, and the Wcd-Iiidics : for, depend on iv, the latter will not remain loiig dependant, if the former has her Indepcndance. All tho fine fpeeches that were made in the former Spanifli war?, on fupporting thefe garrifons, appear to be very futile this war. In no inftance have they anfwcrcd our purpofe. You will fay they have divided the enemy's force, and engaged their attention. I acknowledge they have done this, but only to a decree, that by no nieans has prevented the enemv from being fupcrior to us in every quarter. Give the laft: of thefe places to Ruffia, and let her affift you in this country. The diverfion of force will flill exift, and you have more ftrength to meet your enemy in another place ; and for a peace with Spain, and a pofleflion of Porto Rico, give up Gibraltar. I have made-up my mind upon our publick fituation j and I am thoroughly perluadcd, that, however mi ftaken I may be in my plans, no one can more finccrely and heartily Infli profperity and glory to my country, than I do myftlf ; and it will give mc the higheft pleafure, if any humble ideas of mine can contribute to roufe her from that infa- tuation that has fo long guided her, and to reftore her to thai luftre and fame (lie formerly fo juftly poflVflld. It" ' •' my 57 my reprefenlation accords with your better judgment, I am fiire your friend(hip for me will induce you to lay it before thofe whofe fphere it is to give it effedt. But great naval cxertioui mud be made to recover the dominion of the feas ; exemplary punifbments inftidled on thofe who have ncgleded their duty, and the utmoft fecrecy in all publi'jk meafures j I mean in what relates to expe- ditions and plans againll the enemy. Much is loll in America for want of addrefs and atten- tion to thofe who join the BritiOi ftandard. The pride and vanity of the Britifh military is little calculated for a people fo much upon a level a« they are in (his country. It ought to be remembered, that the human heart is often gained by trifles, and it is a very common adage, that injuries are fooncr forgot than iufults. Firmnefs and uni- formity arc elfentia! to all great u-.idcrtaking?, and never to recede from what is, in its own nature, juft and proper. It is the higheft folly to be denouncing threats and punifli- ments one day, and the next relaxing. The enemy are making preparations that indicate a defign againll Chark-s-Town. A ficge or an evacuation is the general topic at prcfent. For my own part, I have fo bad an opinion of the judgement and conduct of thofe here, who guide the Britifli afl'airs, tliat T am more afraid of the lad. I don't think Green will undertake a regular fiege, 'till a French naval force arrives to co-operate with him. We may be vulnerable in fome places, and a great want of dilcipline prevailing, may induce him to attempt an enterprize againft fome of our fea-ports : It is very certain they have been building and colk^lini*- boats for fome time ; but perhaps this is only a prepara- tion for the French. Be this as it may, no attempt what- ever has been made by our people, either to deflrcv ilieir boats and magazines, or to intercept their fupplies cither 58 of ftorci or uf cattle; and I am well informed, that Green was lately fo didrefTed for the la(>, that he made a demand on North-Carolina for a large fupply, to raife which each county was taxed in proportion to its capa- eity. A great confumpiion of provifion took place whilft the French remained in the Chefapeak, to the great dif- txefs of the inhabitants. i|i »f 1 IIOUGIITS ON THE INDEPENDENCE OF AMEPICA, AND THE BEST xMANNER OF ACKNOWLEDGING IT. To the Printer of the PuBzre AoFeRTissn, SIR, Nov. 24, 1782. AS the conccflion of Independence to ihe revolted pro* vinces of North America fecnis to be the great objcft o\\ which the reltoration of peace depends — and there are ci'.nfi- culties attending this conceflion which ftill make fome people averfe 10 it, notwiihftanding the urgent neccfllly of procuring peace upon any terms that are not nbfolutely ruinous to the nation, I beg leave to (late to your readers a few reflections that have occurred to me upon the fubjeft, and which may tend to remove or lelTen ihofe difHcuItiei, and to difpofc the nation to come into this mod falutary meafure heartily and fpecdily, and, if poflible, with one accord. I think it feems now to be pretty generally agreed, that there is no longer any reafon to hope that we (hall be able 10 reduce the Americans to obedience by force. What wai not done in the years 1 776 and 1777 ^"^'^^^ the great armies under General Howe and General Burgoyne againft the Americans alonty while they were yet unufed to war, can hardly, be effected againd them now, after they have been converted into a nation of foldiers by fevcn years' uninter- rupted war, and when they arc fupportcd by the arms of three powerful European nations, the French, the Dutch, and the Spaniards, of whom the firfl are a£tually put in poflTefllon of the harbours of Boflon and Rhode Ifland, and other important pods in thofe provinces. I fliall not there- fore 60 • 1 I 1.' f I fore infift upon anoihtr oljfcrvatl.m, of ihc trulli of whieli I am nrvertliclcfs moll thoroughly perfuadcd j which is, "Thiitif ac could reduce thciii to obedience, by main force, *' and that in the fpaco of a fingle campaign, it would not " be worth o'lr while to do fo ; but thai the expciife and ** other inc(jnvcnicnces that would attend thekctping them ** in lubjeAion after lh«!y had fubmiUed, (which certainly ** could not 1)0 done without ereclingand mainraining many *' fortltied places throughout that cxlenfivc country, with a "large (landing army of forty, or at Icifl thirty thoufand *' men) would tiiore than countcrbal.uue ill tlu^ advantages "that would arifc to u^ from their becoming aij;un, in this " niamier, our fellow-fubjc^ts." If indeed it be true (as fume gentlemen confideuily alTurc u^) that a great majority of the people In thefe provinces (as, for example, threc- «p(,irtei.s, or lour-lifihs, or n»ovc) are really friends to Great Britain, and defirous of returning to their obedience to the Crown, and of renewing their old conneclion with us, I Tuud coufefs that fueh a difpofition would bo a fortunate change in our favour, and would dcferve to be cultivated, Bui let us not haflily believe that they are in fuch a difpo- lition, while their publick a6lions and declarations all teftify ihe contrary. Let their General Continental Congrefs and iheir Provincial Afloniblies, (the members of which, we mud remember, are not polfefled of their power during their whole lives, like our Iloufi' of Lords, nor even for fevcn years, like our Iloufe of Commons, but arc chofcn every year by the people, and who therefore ought not to be con- fidered as fadlious or partial bodies of men, that purfue a feparate intcrelt from that of the people, and govern them iu a numier contrary to their inclinations,) I fay, let their Congrefs and Afleniblics declare their willingncfs, (if they really are fo inclined,) to return to their old conne6lion with US, a:;d I will agree that we ought to receive them with open ni op«rt Arms. B\it ilii.^ is an event of which iherc iVrms not in be the rmallelt f^runpfc of hope. Whut then r(in;iind to he iloucbuiU) ac(/u'n'fe in the KjIs of ihtfo provinces, whicli in truth \vc /'ocv loll beyond all poflihility ot rct'ovcring them by a continuance of the war? Ami, to telliiy this acquicfi-cnce, it will be ncccflTary to declare, in the nnHl au- ihcntick manner, our rcadincfs(in order to the reOoraiion of peace) to acVnowleilge them as independent ll.ites, and to cultivate a friendly inltieourfc wiih ihem, in that new cha- ratSler, for our mutual advantage, and more efpecially in matters of comnjcrce, in which we arc capable of becoming of mofl benefit to each other. But here a dilficulty arifes as to the rmjuncr of granting tbcni Independence. It is faid, I obferve, by many jicoplc, (anil, I believe, with truth,) that the king alone, without the concurrence of the parliament, cannot legally grant iheni Independi-nce ; for that he would thereby difniember the Britifli empire, and alienate the hereditary dominions of the Crown, which they conceive to be beyond his power: *' For, ihough," fay they, " the king may, by virtue of his •• prerogative of making peace or war, rcllore, at a peace, a " country newly conquered in the preceding war, of which *' fuch peace is a termination, (as he did, in fa(5l, redorethc *' iilands of Martinique and Guadaloupc to the French king " at the peace of Paris in February, 17>'>3,} yet it does not *♦ follow that he may grant away tlie fovcreignty of a *' country that has been arn'ufitly and penr.mu-vtlj a part of ** the polTcflions of the cioun of Groat Hrilain,"--] crant all this to be fo. But what tlien ; Shall the thinir, there- fore, remain undone, nolwithftandino- \\xc nrrent impor- tancc of it to the welfare, or, rather, to the fafety and prefer- vation, ofthe nation? Surely this cannot he a jiifl: con- clufion. But, finec the authority of pniliament i> neceflarv in this bnfinol>, kt thai authoiity be enj]^.loved ; vet, with '^ffi n I- 1i H wn at 0^ - .» > r i\- at great regard as poHible to his Majefly's true and acfcnow' ledged prerogative of making war and peace, which ia ge- nerally thought to be wifely lodged by the law, orconftitu- tion, in the executive brunch of our Government. And let this be done openly and clearly, and not by ufing loofe and general words in in A6t of Parliament that makes no cxprefi mention of the Independence of the colonies, and by leaving the power of granting the faid Independence, conferred by the (latute on the Crown, to be collected from thofe words by uncertain implications, as is the cafe with the AAofthe lall feflion of Parliament, brought-in by Mr. Wallace, his Majefty's lale Attorney-General. This indircA way of pro- ceeding is not calculated to gain the confidence of the Ame- ricans, and to bring-about the defired reconciliation. The bulinefs (hould therefore be done in the fulled and plaineft manner, to the end that the Americans may no longer doubt of the entire concurrence of Parliament to the A&. whereon their future Independence is to be founded, and may no longer complain, or have the fmalleft pretence to complain, that our |)roceedings in this important tranfa£lion are in any degree obfeurc or infidious. And with this view I conceive it would be proper to pafs an A61 of Parliament to the fol- lowing efled, namely, " To enable the King's Majcfty, if ** in his royal wifdom he fliall fo think fit, to ahfolve from ** their allegiance tohimfelf, hisheirs and fuccefTorsf, all the " prefent inhabitantsof ihethirteen revolted provinces, to wit, " the province of MaflTachufetl'sBay, that of Connedticut, " that of Khodelflandj he. (fpccifying them all with their " refpetSlive boundaries, accurately fct-forth,) and to cede ** unto the governing powers eftabliflied in each of the faid " provinces, all his Majefty's right of fovereignty over the •'whole of fuch province, together with his right of property '* in the foil of all fuch parts of the faid provinces as have " not been legally granted-away under the authority of the ** Crown, 63 aclcnow- ich is ge- conllitu- And let loofc anil no cxprcfi jy leaving iferred by lofe words AAofthe illacc, his ray of pru- the Amc- on. The td plained iger doubt i whereon id may no complain, are in any ' conceive to the ibl- klajcfty, if olve from niy all ihc es, towit, nneflicut, ivith their to cede 3f the faid f over the f property es as have ity of the " Crown, "Crown before the month of July, in 1776, when the ** vote of IncIe|Tendcncy was palled if the Continental Con- " grefs." All this is ncccflary to be exprefled ia fuch an A^ of Parliament, in order to make the conceflion of Inde- pendence clear and compleat. For, if the inhabitants of thv; faid provinces were only to be abfolvcd from their alle* giance, wiihout alfo making them a grant of the king'* right to the foil of the faid provinces, the king might be fuppofed to retain a right to the foil, and to be at liberty, at funic tiUiire time, to re(|uirc the inhabitants of the faid provinces, who would have been abfolved from their alle- giance, and would therefore be no longer fubjt6ts of the Crown of Great Britain, to withdraw themfclves from his territories, and go and fettle themfclves elfewhere, where- cver they thought fit, out of the dominions of the Crown of Great Britain. And, if the full were to be granted to the faid inhabitants, in the manner propofed, but without fpe- cifying the limits of the provinces fo granted, difputcs might afterwards arife concernirgr the extent of the territories of thefe new ftates, who, probably, would carry their claims as far as the South Sea, while Great Britain might be fup- pofed to have refcrved to herfelf her right to the lands about the river Ohio, and the five great lakes, Ontario, Erie, Huron, Michigan, and Superior; and, in general, to all that c.xtenfive country which, by the A61 of Parliament of the year 1774, for regulating the government of the province of Quebec, was added to the former territory of that pro- vince. The limits, therefore, of the provinces, or terri- tories, intended to be ceded to thefe new (laics, ought to be. diilinftly fpecified, as well as the King's rights over the faid territories, to be exprefsly ceded to them. Further, if the AS: were made in the manner here fug- gelled, that is, fo as not immediately to grant Indepcn- deney to the *\nierieans while they are yet in arms againd us. : bi ()4 I- H 'I if f I- iis, and we are not abfulutcly certain that they will lay-down their arms in confcqiicnce of the conceflion, but o/tly to enable the King to grunt it to tbenij if he, in his royal tvijilotn, JJjall fa think Jiti the parliament would avoid encroaching on the royal prerogative of making war and peace, and would only inveft the King with the fame complcat power of making peace with his revolted fubjc«5ls in North-America, which he already enjoys by the Law, or Conftitution, with refpeft to all the other ftttes with whom we arc at war; which power of making peace or war, it is generally thought, can be better excrcil'ed by the King alone, than by the King and Parliament conjointly. And, if his Majefty, after being thus enabled by his Parliament, fliould think fit to direft his miniftcr at Paris to make this important conceflion to the Americans, the Americans would not have the fmalleft fcruple concerning either its extent or its validity, but would proceed vi ith confidence to treat of the other articles that might be ncccflTary to a general peace with them and their Allies. I am. Your mod humble forvant, PACIFICUS. F. M. ' ! (J5 FIRST ROYAL CHARTER • RANTED TO TIIK COLONY Ol THE MASSACHUSETS BAY, IN MUKTH AVIKRICA, iS TilEFOUUni YIAK OITIII-. HKKIN Ol' KING Cll.\iai;.i nuaUlSl ; From tlie first ('opy of it tliat was ever published in print, wliich was printed by the Direction of the late Mr. Israel Mauduit, about the year 1773*. ," CHARLES, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all to whom thefe Prtfents (hall come, Greeting. Whcreas our moft deare and royal Father, KingReciuUf King to the James, of blefTed memory, by his Highnefs's letters jamei, u patents beareing date at Weilminfter the third day "fcouncelof November, in the eighlcenth year of his reign, hath I'lymouth. . . , V, . /, .7./, , Novem. 8, given and granted unto the Counccl eltablilhed atisJac. i. Plymouth in the county of Devon, for the planting, ruling, ordering, and governing, of New-England in America, and to their heirs atid fuccedbursand aflignes for ever: All that part of America lying and l)eing, in Description breadth, from fourty degrees of northerly latitude from granted. the equinoctiall line, to fourty-eight degrees of the faid northerly latitude inclufively, and, in length, of and * This first Charter of the Masiachiueti Colony hat never been printed. There are very few Manuscript Copies of it. Those are liable to so many actidrnts that it is thouj^ht projjer to publisli it as tkie most likely ii;eaiis of jpr^rentin^ it's l)(.in<> irrccoTcrably Lst.— Frt/;« Mr. Mavduit's printed ci>pi/ of this Charter. , ' .4 P ,''.r- J '. 'i| ';t I 66 to * i r within all the breadth aforefaid throughout the niaint lands from fea to lea, together alfo with a\\ the firmt Unds, (o\ Ii's, grounds, havens, ports, rivers, waters, /idlings, mines, and niincralls, as well royal 1 niincs ot goiild and fiiver, aaothcr inincs and niineralls, precious itones, quarries, and all and (ingular other eonnnoditit's, jurisdidlions, privileges, Iranchifes and pieheniinenccs, both within the faid trafl of land upon the inaine, and f'foviior. alfo within the iflands and Teas adjoining. Provided always that the laid illands, or any the premifles by the faid letters patent intended and meant to be granted were not then a<^tually poflelfed or inhabited by any other chriltian prince, or Hate, nor within the bounds, limits, or territories of the loulhern colonies, then before granted by our lani deare father to be planted bv divers of his loving fui)je6t8 in the fouthern parts. tUbendum. To have, and to hold, pofl'efs, and enjoy all and fingn- lar the aforefaid continent, lands, territor'*'", '(lands, heicditaments, and prccinfts, fcas, waters, fifhhigs with all and all manner their commodities, royalties, liberties, prehemincnces, and profits that fhoirld from thenceforth arifc from thence, with all and lingular their appurtenances, and every part and parcel thereof, imto the faid Councel, and their fuccelTors and aflignes for ever, to the fole and proper ufe, benefit, and behoof of them, the faid Councel, and their fuccefl<)rs and Tenure. aflignes, forever: To be houlden of our faid moll dear and royal Father, his heirs and fuccelTors, as of his ma- nor of Eaft-Greenv if'h in the county of Kent, in free and common foccage, and not in Capilc nor by knights' fervice. Yielding and paying therefore to the faid late King, iiis heirs and fuccelVors, the ;lih part of the oare ofgouldand filver, which fliould from time to time, and at all times thenafti r happen tu be found, gotten, had, m had, and obtained, in, at, or within, any of the iaiJ lands, limits, territories, and precintls, or in or within anv part or parcel thereof, for, or in rcfpecl of, all and all manner of duties, demands, and fervices whatl'oever, to be done, made, or paid, to our faid dear Father the late King, his heirs and fucceflors; as in and by the faid letters patent (amongft fimdry other claufcs, pow- ers, privileges, and grants therein contained) more at large appcareth. And whereas die laid Counccl eftablidied at Plymouth Recital of in the county of Devon, for the planting, ruling, order- the province ing and governing, of New-England in Atucrica, have, °l^l*^^^^^*' by their deed indented under their common feal, bearing ^»Y> (being date the nineteenth day of March lad pad, in the third premisses year of our reign, given, granted, bargained, fold,enfc-,.p^^p^^'j'J'^y' ofled, aliened and confirmed, to Sir Henry Rofewell, Sir the councH of Ply- John Young, knights, ''\homas Southcott, John Hum- mouth, to frey, John Endicott and SymonWhetcomb, their heirs Ro,cwel7 and affociates forever, a! I that part of New-England in ^'^ °}^^^'* America aforcfaid which lieth and extendeth between a J Car j. great river there conmionly called Monomack, alias Mer- rimack, and a certain other river there called Charles river, being the bottom of a certain bay there comujonly called Mairaehiifetts, alias Mattaehufetts, alias MaflU- tuferts, bay, and alio all and fmgular thufe lands and lieredilaments whatfoever lying and being within iht: fpace of three Englifh miles on the fouth part of the faid Charles river, or of any or every part thereof, and alfo a 1 and lingular the lands and hereditaments what- foever lying and being within the fpace of three Kn- gli(h miles to the iouthward of thefouthernmoft part of the faid bay called MalTa'-hufetts, alias Mattaehufetts, alias Maflatufetts, bay, and alfo all thofe lands and hereditaments which lye and be witliin the space of ' a three 68 trl :i i ' three Englifli miles to the northward of ihe faid river called Monomatk, alias Merrimack, or to the north- ward of any and every part thereof, and all landtt and hertditamcnts whatloevcr, lying within the limits aiorefaid. north and foiith, in latitude and breadth, and in length and lungitiid'j, of and within ail the breadth aforefaid, throughout the main lands there, from the Atlantic and wcllern fea and ocean on the caft part to the louth fe.i on the weft part, and all lands and grounds, ,i |>]aee and pla.cs, foils, wood ami wood grounds, ha- vens, ports, rivers, waters, fiihings, and hereditaments whatfoever, lying within the faid bounds and limits, and every jiart and parcel thereof, and alio all i (lands Iviii'i in America aforefaid in the faid feas, or either ot them, on the wetlerne or eafterne coafts or parts of the faid tracts of laoils by the faid indenture mentioned to be given, granted, bargained, fold, enfeoffed, aliened and eonfirmed, or any of them : And alfo all mines aiui inincralls, as well royall mines of gould and filver, a» othcririincs and mineralls whatfoever, in the faid land- and pn niilfi-s or any part thereof: And all jurisdidlion*. rights, royalties, libertie>, ireedoms, immunities, privi- ledges, franehiles, prelicmincnces, and commodities whallt ♦'ver, which they the faid Councel ellabliflicd at IMyniouih in the eotinty of Diivon for the planting, rul- ing, ordering, and governing, of New-hlngland in Ame- rica, then had, or might life, excreile, or enjoy, in and within the faid lands and premifles by the faid ind ,•; turc mentioned to be given, granted, bargained, fould. rnfeoncd and confirn»ed, or in, or within, any part or KaUmiuri. parcel thereof. 'J'o have and to hould the faid part ot New-England -n America which lyeth and extendi and is abutted as aforefaid, and every part and parcel thereof; And all the faid idands, rivjers, ports, havens, watcfi, . {-' 69 waters, fifniiig*, mines anil minerals, jurifclii"'\ion>, franchifes, royalties, liberties, privileilgcs, comniodi- tie.><, hereditaments and preniifles wliatioevcr, with the appurtenances, unto the faid Sir Henry Uofewcll, Sir John Youngc, Thomas Southcoii, John Hiuiifrty, John Endieott and Synion Whctconih, their heir» and afligncs, and their aflbciates, to the only proper and abfolute ufe and behoof of the faid Sir liciiry Kofewell, Sir John Younge, Thomas Southcott, John liuntfrey, John Kndecott and Symon VVheteomb, their heires and aflignes, and aflbciates forcvermore. To be lioulden Tenure. of us, our heirs and succcflbrs, as of our mannor of Eaft Greenwich in the county of Kent, in free and common foccage and not in Cnpite, nor by kniglils fcrvice ; yielding and paying therefore unto us our Rtn» heirs and fuccefliirs, the fifth part of the oare of gould and filver which Hiall from time to time and at all limes hereafter happen to be found, gotten, had and obtained, in any of the faid lands within the faid li- mits, or in or within any part thereof, for and in fatis- fa&ion of all manner of duties, demands and fervices whatforvcr, to be done, made or paid to us, our heirs or fucceflTors, as in and by the faid recited indenture ^ more at large may appear. Now know ye, that we at the lunnblc fuile and peti- tion of the faid Sir Henry Kofewell, Sir John Younge, Thomas Southcott, John Hunjfrey, John Endecolt and Symon Wheteoml), and of others whom they have aflb- ciatcd unto them. Have, for divers good caufes and con- C( nfimu- lideraiions us moving, granted and confirmed, and by s'lui ;lst-re. thefr prefents, of our efpeciall giace, certain knowledge. '^,''*\'i',^'i^^"* and meere motion, do grant and confirm, unto the fniu Sir I lenry Kofewell, Sir John Younge, Thomas South- «ott, John Humfrey, John Endecotf, and Siinoii Wl' - F 5 coj.. in id TO ll 'iiii'^ coiubc, and to their afTocintcs hereafter named (videlicet) Sir Richard Saltonftall, Knt. Ifaac Johnfriii, 5>amnel Al- dcrfrv, .lohn Von, Matthew Cr.uldnck, fJi-orge flarwood, Increafe Nowell, Richard Pcrrv, Richard Hcllinghain, Nathaniel Wright, Samuel Vaffall, ThcophiUis Ealon, I'hoimas Goffc, Thomas Adairis, Jolui [•rovvnc, Samiu'I |5ro\vnc, Thomas lliitchins, WiUiam V'alVall, William Pinchon, and George Foxcroft, their heirs and aflignes, all thefaid partolNew Flngland in America, lyeing and extending betweene the hounds and limits in the faid recited indenture cxprefl'ed, and ail lands and grounds, place and places, foyles, wood and wood grounds, havens, ports, rivers, \va»ers, mines, mineralLs, • jurisdidiions, rights, royalties, liberties, freedom?, immunities, priviledges, franchifes, prehcminences, hereditaments and commodities, vvhatfoever, to them the faid Sir Henry Rofcwell, Sir John Younge, Thomas Southcott, Jolin riumfrey, John Kndecott and Simon Whcicombe, their heirs and aflignes, and to their aflTo- ciales, by the faid recited indenture given, granted, bar- gained, fould, enfeoffed, aliened, and confirmed, or men- tioned or intended thereby to be given, granted, bargain- Htbenrtum. cd, fould, enfeofled, aliened, and confirmed. To have and to hould the faid part of New-Kngland in America and the other premifles hereby mentioned to be granted and confirmed, and every part or parctll thereof, with ihr appurtenances, unto the faid Sir Henry Roft 'ell, Sir John Younge, Sir Richard Saltonflall, Thomas Southcott, John Humfrey, John Endecott, Symon Wheteombc, Ifaac Johnfon, Samuel Alderfey, John VtMi, Matthew Craddock, George Harwood, Iii- er 'afe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaflall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Sa- muel n niuel Browne, Thomas Hutching, William ValFal, William Pinchon, and George Foxcroft, their heirs and afTignes for ever, to their only proper and ahfolute ufe and behoof for evermore. To be houlden of us, Tenure. our heirs and fucceflbrs, as of mir mannor of Eud Greenwich aforefaid, in free and common loccnge, and not in Capite nor by knights' fervice; and alfo yielding Rent, and paying therefore to us, our heirs and fucccflbrs, the fifth part only of all oare of gould and filver, wiiich from time to time, and at all times hereafter, (hall be there gotten, had, or obtained, for all fervices, exac- tions, and demands whatfoever, according to the tenure and refervation in the faid recited indenture exprelTed. And further know ye, that, of our more efpecial grace, Grant of certain knowledge, and meere motion, we have given t^'!.t*7r il and granted, and by thefe prefents do, for us, our heirs, «o the same and fuccelfors, give and grant, imto the faid Sir Henry the kirjg Rofewell, Sir John Younge, Sir Richard Saltonftali, *"'■"""• Thomas Southcolt John Humfrey, John Endecott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathanii-l Wright, Samuel ValTall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaffall, William Pinchon, and George Foxcroft, their heirs and affigncs, all that part of New-England in America which lies and extends between a great river there, conmionly called Monomack river, alias Merrymack river, and a j certain other river there called Charles river, being in the bottom of a certain bay there commonly called MaflTachufetts, alias Matiachuscts, alias Maflatufcts, hay, and alfo all and Angular thofe lands and heredi- ^ 4 tamcnis , -m 'I 'I I «.' i) ill taments whatfoever lyeing within the fpacc of three En^hOi miles on the fouth part of the faid river called Charles river, or of any or every part thereof, and alfo all and lingular the landii and hereditaments whatfoever lyeing and being within the fpace of three Englifli miles to the fuuth of the fouihernioil part of the fdid bay called Mafl'achufeltii, alias Maitaehufetts, alias MalTatufetts, bay ; and alfo all thol'u lands and hereditanient:^ whatfoever, vvhieh lye and be within the ipaee of three Englidi miles to liie northward of the faid river called Mononiack, alia>> Merrymaek, or to the northward of any, and every part thereof, and all lands and hereditaments whatfoever lyeing within the limits aforefaid north and fouth in latitude and breadth, and in length and longitude oi and within all the breadth aforefaid throughout the niaine lands there from the Atlantiek and weflern fea and ocean on the eaft part, to the fouth fea on the well parte, ar^d all lands and grounds, place and places, foyles, wood, and wood grounds, havens, ports, rivers, waters, and here- ditaments whatfoever lyeing within the faid bounds and limits, and every part and parcel thereof, and alfo all iflands in America aforefaid in the faid feas or either of them on the weftern or eaftern coaftes, or partes of the faid trafts of lands hereby mentioned to be given or granted, or any of them, and all mines and mineralls, as well royall mines of gould and filver a?! other mines and mineralls whatfoever, in the faid lands and premiiTes, or any part thereof; and free li- berty of fifhing in or within any of the rivers or waters within the bounds and limits aforefaid and the feas thereunto adjoining ; and all fifties, royal ^fties, !,yh:ile9, balan, (lurgeon, and other fifties of what kind ' or I 73 or nature foever that ftmll at any time hereafter be la- Ken in or within the faitl feus or waters or any of them, by the faid Sir Henry Rofewell, Sir John Younge, Sir Richard Saltondall, Thomas Southcott, John Ilum- Frey, Jolui tndecott, Symon Whetcomlie, Ifaac John- Ion, Saiiuel Alderley, John Ven, Matthew Craddock, George Harwood, liicreafe Noweil, Richard Perry, Richard Hellingham, Nathaniel Wright, Samuel Vaf- fall, Thcophilus Eaion, 'I homas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Ilutchins, William ValTidl, William Finchon, and George Foxcroft, ilitir heirs and affignes, or by any other ped'on, or perlons whatfoevei there inhabiting, by thein, or any of iheiii, appointed to firti therein. Provided Provisoc. a1wav^, that, if the faid lands, iflands, or any other till pri'milVes herein bclore mentioned, and by ihefc pr< ic-nts intended and meant to be granted, were at the time of the granting of the faid former letters patents dated the third day of November, in the eighteenth yeare of our faid deare father's reigne aforefaid, actually poflTefl'ed, or inhabited, by any other chriftian prince or (late, or were within the bounds, limits, or territories of that fouiherne colonic then before granted by our faid late father, to be planted by divers of his loving fubje^ls in the fouth parts of America, that then this prefent grant (hall not extend to any fuch parts or parcells thereof, fo formerly inhabited or lyeing within -, ., . the bounds of the fouthern plantation as aforefaid, but as to thofe parts or parcells fo poffeiTed or inhabited by fuch chriftian prince or ftate, or being within the bounds aforefaid, ihall be utterly voide, thefe prefents • or any thing therein contained, to the contrary not- wilhftanding. To have, and to hould, poflefs, and Hibendum. enjoy f 1. ':! 74 f 1 1 ■ -f ' ♦ 1 Tenure. Rent. p \ • 1: f ■ F H !■' 1 «njoy, the faid parts of New-England in America, which lye, extend, and are abutted as aforeiaid, and every part and paroell thereof, and all the iflands, rivers, ports, havens, waters, fifhings, fifhes, mines, minerals, jurifditSlinns, franchifcs, royalties, liberties, privileges, commodities, and premiflcs whatfoever, with the ap- purtenjtnccs, unto the faid Sir Henry Rofewell, ^ir John Young'c", Sir Richard Saitonftall, Thomas South- cott, John Ilumfrey, John Endecott, Symon Whct- combe, Ifaac Johnfon, Samuel Aldcrfey, John Vcn, Matthew Craddock, George Hsrwood, Increate Nowell, Richard Perry, Richard Hellingham, Nathaniel! Wright, Samuel Vaflall, Theophilus Eaton, Thomas Goffc, Thomas Adams, John Browne, Samuel Browne, Thomas llutchins, William Vaflall, William Pinchon, and George Foxcroft, their heirs and aflignes for ever, to the only proper and abfolute ufe and behoofe of the faid Sir Henry Rofewell, Sir John Younge, Sir Richard Saltondall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard BelUngham, Nathaniel Wright, Samuel ValTall, Theo» philus Eaton, Thomas GofFe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaflall, William Pinchon, and George Foxcrofte, their heirs and aflignes forcvermore. To be houlden of us, our hcires and fucceffburs, as of our mannor of Eaft Greenwich in the county of Kent, within our realme of England, in free and common foccage, and not in Capite, nor by knights' fervice, and alfo yeelding and paying therefore to us, our heirs and fucceflbrs, the fifth part only of all oare of gould and (ilver, which from I » timr 7ft time \o time, and at all times hereafter, Ihall be there gotten, had, or obtained, for all fcrvices, exadions, and demands whatfoever. Provided alwaycs and our exprcflTc will and meaneing is, that onely one- fifth part of the gould and filveroare above mentioned in the whole, and no more, be relervcd or payeable unto us, our hciw and fuccefTonrs, by colour or vertue of thefc prcfcnls, the double refervations or recitals aforefaid, or any thing therein contained notwithilanding. And, for as much as the good and piofperous fucccfs of Necessity of food the plantation of the faid parts of New-England afore- govwn- faid, intended by th< faid Sir Henry Rofewell, Sir John j;;";j;',„, Youngc, Sir Rie! j Saltonllall, Thomas Southcott, "^hc m- John [lunifrey, John Endecott, Symon Whetcombe, tation. Ifaac Johnfon, Samuel Alderfey, Jofin Ven, Matthew Craddoek, George Harwood, Increafe Newell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel ValTall, Thcophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas llutchins, William Vaflal, William Pinchon, and George Foxcrofi, to be fpeedily fet-upon, cannot but chiefely depend, next under the blefling of Al- mighty God and the fupporl of our royal authority, upon the good government of the fame j to the end that the aflfairs and bufinefles which from time to time (hall happen and arife concerning the faid lands and the plantation of the fame, may be the better managed and ordered : We have further hereby, of our efpeciall Incorpom- grace, certain knowledge, and meere motion, given, gra"°cesot granted, and confirmed, and for us, our heirs and fuccef- J''«= "'<* fours, do give, grant and confirme, unto our faid truftie and well-beloved fubjefts Sir Henry Rofewell, Sir John Younge, Sir Richard Saltonftall, Thomas Southcott, ** John Humfrey, John Endecott, Symon Whetconib, Ifaac m IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 11.25 lii|28 ■to ^^ 25 2.2 us u u 14.0 2.0 1.4 ii.6 r ^ V y FhotograiM; Sciences Corporatton ^ and to profecute, demand, iapleaded. ^^^^ gnt^Tf and be anfwered-unto, in all and iingular Corpora' tion> Farpetual auoccttion. " n ftriteSj caufes, quarrels^ and afitions» of what kind and nature foever ; And alfo to have, take, poffefle, acquire pufcS** and purcitaf? any lands, tenements, «nd htHreditamentP, lands or , ,, ; 1 r If goods; and or any gooqtji^Qr chattells, and the lame to leaie, grant, tjp grant or demifc, alieni^ bargain, fell, and difpofe of, as other our " '^'"' leige peopl^^of this our realme of England, or any other corporation or body politique of the fatpQ* may lawfully doe. Aud further that the (aid C^yerqor ' and compauie and their fucceflbrs may have forever one CQm4iio|i feale to be ufed in all caufes and occa- Atoinmoa iions of the faid Companie, and the fame feale may alter, change, break and new-make from time to time at their pleafures^ Aud our will and pleafure is, and we do hereby, for The go> us, our heirs, and fucceffors, ordaine and gwot, that ©f'SiTsaUi from henceforth for ever there (hall be one Governor, corporttion; one deputy- Governor, ^nd eighteen Afliftants, qf the faid Compai)ie to be from time to lime confiiluted, ele6ted and chofen out of the freemen of the faid Com- a Govemof. panic for the time beinge, in fuch manner and forme "J^JfJSJ** as hereafter in thefe prefents is exprefled. Which faid , ' officers flialJ apply themfelye? to take care for the heft Their poww difpoiing aod order'mg of the generall bufipefs and*" '"^' afTaires of, for, and concerning, the faid lands and pre- .^ mifles hereby mejntioned to be granted, and the planta- tion thereof, and the government of the people there. And for the better execution of our royallpleafure and grant i^ this behajfe, we do by thefe prefentstjpf us, our Nomimtio. heires, and fucceflbrs, uominate^ ordain, make, and con- g ****JJjJV ftitu^e our well-beloved, the faid Matthew Craddock, to Asskunti. be thefirA and prefent Governor of the faid Companie, and the faid Thomas GofTe to be deputy-Governor of the faid Companie, and the ikid Sir Richard Saltonftall, iCaac Johnfon, Samuel AldeHify, John V«n, John Humficey, John I hi i ^k |;m:#:. 1 ,- ji n' ■►" ' ' i|jiS'''t r JJ' John £ndecott, Symon Whetcombe, Increafe Nowelf, Richard Perry, Nathaniel Wright, Samuel Vaffall, Theophiius Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcroft, William Vaflall, and William Pinchon, to be the prefent Afliftants of the faid Companie, to continue in the Taid i^veral offices rerpe£fcively for fuch time and in fuch manner as in and by thefe prefents is hereafter declared andappointed. Power to as- And further we will, and, by thefe prefents, for us, said compa- o""" heires, and fucceffors, do ordaine and grant that the "y* Governor of the faid Companie for the time being, or in his abfence, by occafion of ficknefs or otherwife, the deputy-Governor for the time being, (hall have au- thority from time to time upon all occafions to give order for the aflembling of the faid Companie, and calling them together to confult and advife of the buiinefs and affaires of the faid Companie. Monthly And that the faid Governor, deputy- Governor, and tembiies of Afliftantsof the faid Companie for the time beingfhall, nour an"" ^^ ™*y> °"*^*' every month, or oftener at their pleafures, AMittants. aflemble and hould and keep a court, or aiTembly of themfelves, for the better ordering and direding of their affairs. And that any feven, or more, perfons of the Af- fiftants, together with the Governor, or deputy- Gover- nor, fo aflembled (hall be faid, taken, held, and reputed to be, and (hall be, a full and fufHcient court or a(rem- bly of the faid Company, for the handling, ordering, and difpatching of all fuch bufineffes and occurrents, as (hall from time to time happen, touching or concerning Four gene- the faid Companie or plantation. And that there 3;^~ii"°^(hall,or may, beheld and kept by the Governor or company in deputy-Governor of the faid Companie, and feven, or more, of the faid Afliftaiils for the time being, upon every laft Wedaefday in Hillary, Eafter, Trinity and Michael- Michaelmas Terms refpedively for ever, one great, generall and fulemn aifembly; which four generalT aflemblies (hall be ftyled and called the foure greate and generall courts of the [aid Company : In all or any of which faid greate and generall courts fo alfembled, We do, for us, our heires and fuccefTours, give and grant to the faid Governour and Companie and theire fuccefTours, that the Governour, or in his abfence the ' deputy- Governour, of the faid Companie for the time being, and fuch of the Afliftants and freemen of the faid Companie as (hall be prefenf, or the greater num- ber of them fo aifembled, (whereof the Governour or deputy-Governour, and fix of the Afliftants at the leaft, to be feven,) fhall have full power and authority Power ta to choofe, nominate, and appoint fuch and fo many ^e'^'ofth^ others as they (hall thinke fitt, and that fhall be willing **''• '^°^- to accept the fame^ to be free of the faid Company and Body, and them into the fame to admit: and to elefl: And to elect and conftitute fuch officers as they ihall thinke fitt and the sam«. requifite for the ordering, managing, and difpatching of the affaires of the faid Governor and Companie and theire fuccefTours : and to make lawes and ordinances And to for the good and welfare of the faid Companie, and and ordi- for the government and ordering of the faid lands and "^r*saroe' plantation, and the people inhabiteing and to inhabite the said the fame, as to them from time to time (hall be thought ingrepug- meete : So as fuch lawes and ordinances be not con- ISSSf** trary or repugnant to the laws and flatutes of this our Engl*"'*, realme of England. And our will and pleafure is, and we do hereby The Cover- for us, our heirs and fuccefTours, eflablifh and or- deputy- daine j That yea v'ly once in the yeare forever here- ^^^j'* after, namely, the lafl Wednefday in Eafler terme ants, shall yearely, the Governour, deputy-Governour and AfTifl- every year at ant»^»""- tji!l]S»- ^■ \A ; i'ijij !Ml n 1'\ 80 aoti of the faid Companie, and all other ofiiceri of the faid Compaoie (hall be, in th^ generall court* or affemblie, to be held for that day or time, newly chofen for the yeare infueing by fuch greater part of the faid Coippanie for the time being, then and there prefent, as is aCorefaid. Manner of And if it (hall happen that the prefi^nt Qovernonr, de- JSiSct ia puty-Governour and AiHftants by thefe prefents appoint- the offices gj^ ^ fygj^ jg (j,gij hereafter be newly chofen into their conipanj ropms, or any of them, or any other of the officers to b« by deaths or appointed for the faid Companie, (hall die, or be removed removals. £pQjj^ j^jg ^^ ^Yie'iT feverall offices or places before the faid generall day of ele61:ion, (whom we do hereby declare for Power gives any mifdemeanor, or defect, to be removable by the Go- pany to re- vemour, dcputy-Govemor, Affiftants, and Compaqie, 'Sen ft* ^^ ^^^^ greater part of them in any of the publick niisbehavi- courts to be aflembled as is aforefaid) that then, and in every fuch cafe it fliall and may be lawfull to and for the Governor, deputy- Governor, Afliftant8|and Companie, aforefaid, or fuch greater part of them fo to be afTembled as U aforefaid, in any of their af- fembliei, to proceed to a new election of one or more others of their company, in the rooms or places of fuch officer or officers fo dyeing or removed, according to their difcretions. And immediately upon and after fuch eledion and eleflions made of fuch Go« vemour, deputy-Governoiur, Affiiiant, or Afliilants, or any other officer of the faid Companie, in manner and forme aforefaid, the authority, office, and power before given to the former Governour, deputy- Governour, or other offictr and officers, fp removed, in whofe dead and place new officers (hall be fo chofen^ (hall, as to him and them» and eveiy of them, ceafe and determine^ Provided our 81 Provided alfo, and our will and plcafure is, ihat as well TiieoflScors ' . P ofthecom- fuch as are by thefe prefents appointed to be the prefent pany shall Governour, deputy- Governour, and Afliftants of the Jj ^,1^^,^, faid Companie, as thole that (hall fucceed them, and all other officers to be appointed and choi'cn as aforefaid, (hall, before thpy undertake the execution of their faid offices and places refpc6lively, take their corporal oathes for their due and faithful performance of their duties in their fevcrall offices and places, before fuch perfon or perfons as are by thcfe prefents hereunder appointed to take and receive the fame, that is to fay, the faid Matthew Craddock, who is hereby nominated '[ and appointed the prefent Governour of the faid Com- panie, Hiall take the faid oathes before one or more of the Mafters of our Court of Chancery for the time be- ing, unto which Mailer or Mafters of the Chancery wc do by thefe prefents give full power and authority to take and adminifter the faid oath to the faid Gover- nour accordingly. And after the faid Governour (hall be fworne, then the faid deputy-Governour and Alfift- ants before by thefe prefents nominated and appointed, (hall lake the faid feveral oathes, to their offices and places refpeftively belonging, before the faid Matthew Craddock the prefent Governour, fo fworne as afore- faid. And every fuch perfon as {hall at the time of the annual eleftion, or otherwife, upon death or removal], be appointed to be the new Governour of the faid Companie, (hall take the oathes to that place belonging, before the deputy-Governour or two of the Affiftants of the faid Companie, at the lead, for the time being. And the new-ele«fted deputy-Goyemour and Ailiftants, and all other officers to be hereafter chofen as aforefaid from time to time, (hall take the oathes to their places r€fpe£lively belonging before the Governour of the faid G Companie ^1 •^\ ■ *r •!*! ■i'J: Compaiiie for the time being. Unto which faid Go- vernour, depiily-Governour, and Affiftants, we do by thcfe prifents give fnll power and authonty to give and adminifter the faid oathcs refpedlively, according to the true meaning herein before-declared, without any com- miflion or further warrant to be had and obtained of us, our heirs, and fucceflbrs, in that behalfe. Power to And we do further, of our efpeciall grace, certain u) New^^' knowledge, and meerc motion, for us, our heirs, and Knj,iund fucccfTours, cive and grant to the faid Governour and such per- ' fc b sons as are Companic,and their fucceflbrs, for ever, by thefe prcfcnts, gotiiither; that it (hall be lawful and free for them and their af- wfth cattle fig"^^' *t all and every time and limes hereafter, out of and other guv of OUT rcalmes and dominions whatfocver, to take, things ne- ' r n • i • i • ccssary for lead, carry, and tranfport for, m, and into their voyages, eiice. ^ and for and towards the faid plantation in New-Eng- land, all fuch and fo many of our loving fubje6ls, or any ftrangers that will become our loving fubje£ls, and live under our allegiance, as fliall willingly accom- pany them in the hme voyages and platitation, and alfo fliipping, armour, weapons, ordinance, anmiunition, powder, flioit, cornc, vifluals, and all manner of clothing, implements, furniture, beads, cattle, horfes, mares, merchandizes, and all other things neceflary for ^he faid plantation, and for their ufe and defence, and for trade with the people there, and in pafling and returning to and fro, any law or ftatute to the contrary hereof in F.xempticn a»y ^ife notwithftanding, and without paying or yeeld- from the j„_ gj^y cuftome or fubfidie, either inward or outward, to jiaymcntct . «« easterns or us, our hcirs, or fucceflours, for the fame, by the fpace of England for fcven vcares from the day of the date of 4hefe prefents. year? Provided that none of the faid perfons be fuch as fliall be hereafter by fpccial name reftrained by us, our heires, and fucceflours. And m And for their further encoiiraiicincut, of our efpccial Exemption ^ , troni taxes grace and favour, wc do, by thcfe prel'cnts, for ua, our ami cus- heires, and fucceflburs, yeeld and grant to tbc faid Go- j^cw Eng- vernour and Compauie, and their fucceflburs, and every '*"** 'Vrs"' of them, their factors and afligncs, thai they, and every and from all of them, (hall be free and quit from all taxes, fubfidies, importation and cuftomes in New-England for the like fpace of fe- |ion*^°"''' van yeares : and from all taxes and inipontions for the good*. "- fpace of twenty and one yeares upon ail goods and mer- cent upon chandifes at any time or times hereafter, either upon p^teVi'mo importation thither, or exportation from thence, into |j,'e^other"'^ our realme of England, or into any other of our domi- dominions nions, by the faid Governourand Companie, and their crown, fur fucceflburs, their deputies, fa6lors, and aflignes, or any ^errn'o" of them, except only the five pounds per centum due twenty-on« years, for cuftome upon all fuch goods and merchant lifes, as after the faid feven yeares fljall be expired (hall be brought or imported into our realme of Endand, or any other of our dominions, according to the ancient ' trade of merchants, which five pounds per centum onelv Proviso. being paid, it fhall be thenceforth lawfull and free for Liberty of the faid adventurers, the fanje goods and merchandizes, [he Sd"'"'^ to export and carry out of our faid dominions into for- F°^^ '"'° . , foreign reign parts ,without any cuftome, taxe or other duty to P"ts, with- be paid to us, our heires and fucceflburs, or to anv months other officers or minifters of us, our heirs |and fucc - ^^sYl!md^ fours. Provided that the faid goods and merchandizes "5« be fhipped-out within thirteen months after their firft landing within any part of the faid dominions. And we do, for us, our heires, and fucceflburs, give and grant unto the faid Governour and Companie, and their fucceflTours, that, whenfoever, or fo often as any cuftome or fubfidie (hall grow due or payable unto us our heirs, and fucceflburs, according to the limitation G2 anjj »■ j,;i a Is km f Ji'^Ti ••■»■ '^ii 11!/ -J' and appointment aforcf'aid, by reafon of any goods, wares, or inerchandifes to be (hipped-out, or any re- turn to be made of any goods, wares, or mcrchaiidifes, unto or (rom the faid parts of New-England hereby mentioned to be granted as aforefaid, or any the lands lime ahaii and territories aforefaid, that then and fo often and in for the"*** ^"'"'^ ^^^"^ ^^^ farmers, cuftomers, and officers of our cuf- pnymtntof lonics of England and Ireland, and every of them for one hall of . . ° ^ thecus- the time being, upon requcft made to them by the faid Governourand Company, or their fucceflbursjfaftors, or affignes, and upon convenient fecurity to be given, in that behalfe, (hall give and allowe unto the faid Cover* nour and Companie and their fucceiTours, and to all and every perfon or perfons free of that Companie as afore- faid, fix months time for the payment of the one halfe of all fuch cuftome and fubfidie as (hall be payable unto us, our hcircs, and fucceflfours, for the fame; for which thefe our letters patents, or the duplicate or the inroll- uueut thereof, fhall be unto our fai4 officers a fufficient warrant and difcharge. Neverthelefs, our will and pleafure is, that any of the faid goods, wares, and mcr- evportiition chandifes, which be, or (hall be, at any time hereafter of goods to ' ' • landed or exported out of any of our realmcs aforefaid, underapre- and (hall be (hipped with a purpofe not to be carried to ry^ng^hem *^® P****^ ®^ New-England aforefaid, but to fome other to Nnv- place, that then fuch payment, dutic, cuftome, impoii- rrovisioii a^ninst a fraudulent :p"rt;iti " goods forcijjn England. tion, or forfeiture (hall be paid or belong to usi our heircs and fucce(rors, for the faid goods, wares and merchandife fo fraudulently fought to be tranfportcd, as if this our grant had not been made or granted. And we do furtherwill, and, by thefe prcfents, for us, our heires and fucceflbrs, firmely enjoine and commandCj as well the Treafurer, Chancellor, and Barons of the Exchequer of u§, our heires and fucce(rors, as alfo all and 85 and finffular the cuftoniers, farmers, and collc6lors of )?'^"^"' «» the cimomcs, fubfidies, and impufts, and other the om- of ihc Ex- cers and miniftcrs of us, our heires, and fucceffors, ^'u^yn|,'"t', whatfoever for the time beinc;, that thcv and every of *"",^ ''^ '*'* tlicm, upon the (howing-forth unto them of thele letters P^ny 'he , , ,. i-,« • c t r exemptions patents, or the dupncate or exemphtication ol the lame, above men- without any other writ or warrant whatfoever from ua, """•'"• our heirs, or fuccefr)r3, to be obtained or fued-fbrth, do and (hail make full, whole, entire and due allowance and cleare difcharge unto the faid Governour and Corn- panic, and theire fucceflbrs, of all cuflomes, fubfidies, impofitions, taxes, and duties whatfoever, that (hall, or may, be claynied by us, our heires, and fucceflTors, of, or from, the faid Governour and Companie, and their fucceflfors, for, or by reafon of, the faid goods, chattels, wares, merchandifes and premifes, to be exported out of our faid dominions, or any of them, into any part of the {aid lands or premifes hereby mentioned to be given, granted, and confirmed, or for, or by reafon of, any of the faid goods, chattels, wares, or merchandifes, to be imported from the faid lands and premifes hereby men- tioned to be given, granted and confirmed, into any of our faid dominions, or any part thereof, as afor^faid, excepjling only the faid five pounds per centum hereby referved and payable after the expiration of the faid terme of feven years as aforefaid, and not before. An;■ ■■':-' ■; ■'■ ill' i I:': i!r others of for the tyme being, fljall, at any lime or times, here- subjects.'or after, robb or fpoyle by fea or by land, or do any hurt, S*anyot"er v'o'encc, or unlawful hoftility to any of the subjects prince or of US, our heirs, or fucceflbrs, or any of the subjects of any Prince or State being then in league and amity with us, our heirs, and fucceffors, and that upon fuch injury done, and upon juft complaint of fuch Prince or State, or their fubje6ls, wee, our heires, or fucceflbrs, {hall make open proclamation within any of the parts within our realme of England commodious for that purpofe, that the perfon or perfons having committed any fuch robbery or fpoyle, fliall, within the terme limited by fuch a proclamation, make full reftitution or fatisfadion of all fuch injuries done, fo as the faid Princes or others fo complaining may hould them- felves fully fatisfied and contented. And that if the faid perfon or perfons having committed fuch robbery or fpoyle (liall not make, or caufe to be made, fatisfac- lion accordingly, within fuch tymc fo to be lymittcd, that then it fliall be lawful for us, our heires, and fucceflbrs, to putt the faid perfon or perfons out of our allegiance and prote6lion ; and that it (hall be lawful and free for all Princes to profecute with hoftility the faid offenders and every of them, their, and every of their, procurers, ayders, abettors, and comforters, in that behalfe. re^Vvin'g to Provided alfoj and our exprefle will and plcafure Is, the king's ^nj ^vee do, by ihefe prefents, for us, our heires and other sub- ; ' . ' jects the fuccefllors, ordame and appomt, that thefe prefents fliall ing on the "ot in any manner enure, or be taken, to abridge, barre, coast of the^^ hinder any of our loving fubje6ts whatfoever to ufe and exercife the trade of fifliing upon the coafts of New-England in America by thefe prefents mentioned to be granted : But that they, and every or any of them, fliall have full and free power and liberty to continue hereby granted, ' If- 91 :ontinue and ufe their faid trade of fiftiing upon the faid coaft in any of the feas thereunto adjoineing, or any armes of the feas or falt-waler rivers where they have becnc wont to fifh, and to build and fet-up upon the lands by thefe prefents granted fuch wharfes, ftages, and workhoufes as fhall be neceflary for the fahing, drying, keeping, and packing-up of their fifli to be taken or gotten upon that coaft; and to cut- downe and take fuch trees and other materialls there growing, or being, as (hall be needful for that pwr- pofe, and for all other neceflary eafements, helpcs, and advantages, concerning their faid trade of fifliing there, in fuch manner and forme as they have been hereto- fore at any tyme accuftomed to doe, without makeing any wilful wafte or fpoyle, any thing in thefe prefents contained to the contrary notwithftanding. And we do further, for us, our heires, and fucceflbrs. These let- ordaineand grant the faid Governour and Companie, j^^^n''^'^^"' and their fuccefTors, by thefe prefents, that thefe our let- S"^.'* inlaw, ters patents (hall be firme, good, efFeftual, and availa- construed in ble in all things, and to all intents and conftru6lions the conipa- of lawe, according to our true meaning herein before "'f'.""^ '. declared, and (hall be conftrued, reputed, and adjudged ing any in all cafes moft favourably on the behalfe and for the or imperfec- benefit and behoofe of the faid Governour and Com- !!fj!! "" inein, or panie and their fucceflbrs ; although expreflTe mention ^"y former /■ • II • r , statute, or 01 the true yearly value, or certamty, of the premifles. otheracts or any of them, or of any other gifts or grants, by us ?o\he^con^ or any other of our progenitors or predeceflbrs, to the ^"'^^' 'orefaid Governour and Companie before this time made, in thefe prefents is not made ; or any ftatute, adt, ordinance, provifion, proclamation, or reftraint to the contrary thereof heretofore had, made, publifheJ, ordained or provided, or any other matter, caufe, or thiiuj!; ' ir I »,•■' ■■ f! 92 thing whatfoever to the contrarie thereof in any wife notwithftanding. In witnefs whereof we have caufed thefe our letters to be made patent. Witnefs ourfelves at Weftminfter, the fourth Day of March in the fourth yeare of our reigne. This is a true copy of fuch letters patents under the great feal of England. In teftimony whereof, I, John Winthrop, Governour / Locus of the Mattachufetts aforefaid, [ Sigillu have caufed the publick feal of the fame to be hereunto affixed this igth day of the month called March, 1643-4. JOHN WINTHROP, GovERKoyR. - '%:, ■!<;'' ■ AN f ' i THE SECOND ROYAL CHARTER OF THE COLONY OF THE MASSACHUSETTS BAY IN NORTH AMERICA, GRANTED BY KING WILLIAM AND QUEEN MARY, IN THE THIRD YEAR OF THEIR REIGN. SEPTIMA PARS PATEXTIUM, DC ANNO REGNI KF.GIS orLIEUH TERTU ET ArAlir.T, REGINX TEIUIO. William and Mart, by the Grace of God, &c. Rental of to all to whom thefe prelcnts fhall come, greeting. j»g"ntof WhereashislatemajeftyKingJamestheFirft, our royal North- predeceflbr, by his letters patents under the great feal made by of England, bearing date at Weftminfter on the third f^^^/j^^";;^ day of November in the eighteenth year of his reign, did 'he Coun- give and grant unto the Council eftabliflied at Plymouth mouth in in the county of Devon, for the planting, ruling, order- year of * ing, and governing of New-England in America, and '^" "'f^" to their fucceflbrs and affigns, all that part of America lying and being, in breadth, from forty degrees of northerly latitude from the equinoctial line, to the forty- eighth degree of the faid northerly latitude inclufively, and, in length, of and within all the breadth aforefaid, throughout all the main lands from fea to fea; together with all the firm lands, foils, grounds, havens, ports, rivers, waters, filhings, mines and minerals, as well royal mines of gold and filver, as other mines and minerals, precious ftones, quarries, and all and Angular other commo(Uties, jurifdiftions, royalties, privileges, franchifes, 94 iM'. '■^ll franchifcs, and pre-eminences, both within the faid traft of land upon the main, and alfo within the iflands and feas adjoining; provided always, that the faid lands, iflands, or any the premifes by the faid letters patents intended and meant to be granted, were not then afitually pofleffed or inhabited by any other Chrif- tian prince or ftate, or within the bounds, limits, or territories of the fouthern colony then before granted by the faid late King James the Firft, to be planted by divers of his fubjefts in the fouth parts: to have and to hold, poflefs and enjoy all and (ingular the forefaid continent, lands, territories, iflands, hereditaments and precincts, feas, waters, fifhings, with all, and all man- ner of, their commodities, royalties, liberties, pre- eminences and profits that fliould from thenceforth arife from thence, with all and Angular their appurtenances, and every part and parcel thereof, unto the faid Coun- cil, and their fucceflbrs and affigns, for ever, to the fole and proper ufe and benefit of the faid Council, and their fucceflbrs and afligns for ever : to be holden of his faid late Majefty King James the First, his heirs and fucceflbrs, as of his manor of Eaft- Greenwich in the county of Kent, in free and common foccage, and not in eapile, nor by knights' fervice : yielding and paying therefore to the faid late king, his heirs and fuccelTors, the fifth part of the ore of gold and filver, which (hould, from time to time, and at all times then after, happen to be found, gotten, had and obtained, in, at, or with- in, any of the faid lands, limits, territories or precin6ks, or in, or within, any part or parcel thereof, for, or in refpe6t of, all and all manner of duties, demands, and fervices whatfoever, to be done, made, or paid to the faid late King James the Firft, his heirs and fucceflfors ; as in, and by, the faid letters patents, amongft fundry other ii 'liii other claufes, powers, privilege?, aHil grants, therein contained, more at large appearcth. And whereas the faid Council cftabliflied at Ply-ThcCoun- •' cil at IMy- TOouth, in the county of Devon, for the planting, rul- mouihgran- ing, ordering, and governing of New-Kngland in Ame- chusetsbay rica, did, by their deed indented under their common Rose^f"*^^ feaJ, bearing date the nineteenth day of March in the and others, th;rd year of the reign of our royal grandfather kmgpie; in a Charles the Firft, of evcr-blefled memory, give, grant, ^^' bargain, fell, enfeoff, alien, and confirm to Sir Henry Rofewell, Sir John Young, knights, Thomas Southcott, John Humphreys, John Endicott, and Simon Whet- combe, their heirs and afligns, and their aflbciates for ever, aH that part of New-England in America aforefaid, which lies and extends between a great river there commonly called Monomack alias Merrimack, and a certairi other river there called Charles river, being a bottom of a certain bay there commonly called Maflachiifets, alias Mattachufets, alias Maflatufcts, bay; and alfo all and fingular thofe lands and hereditamenis whatfoever, lying within the fpace of three Englifh miles on the fouth part of the faid Charles river, or of any and every part thereof; and alfo all and fingular the lands and hereditaments whatfoever, lying and being within the fpace of three Englifh miles to the foulhward of the fouthernmoft part of the faid bay called the MaflTachufets, alias Mattathufets, alias MaflTa- tufets, bviy; and alfo all thofe lands and hereditaments whatfoever which lie and be within the fpace of three Engliih miles to the northward of the faid river called Monomack, alias Merrimack, or to the northward of any and every part thereof j and all lands and here- ditaments whatfoever, lying within the limits afore- faidj north and fouth in latitude and in breadth, and in I length 96 !■- ( ||,ii||! '$' i'i fi ■k..; length and longitude, of and within all the breadth aforefaid, throughout the main lands there from the Atlantick and weftern fea and ocean on the ead part, to the fouth fea on the well part; and all lands and g(.>aiids, place and places^ foil, woods and wood- grounds, havens, ports, rivers, waters, fifhings and hereditaments, whatfoevcr, lying within the faid bounds and limits, and every part and parcel thereof j and alfo all iflands lying in America aforefaid, in the faid feas, or either of them, on the weflern or eaftem coaih or parts of the faid tra6i3 of land by the faid Indenture mentioned to be given and granted, bargain- ed, fold, enfeoffed, aliened and confirmed, or any of them; and alfo all mines and minerals, as well royal mines of gold and filver, as other mines and minerals whatfoever, in the faid lands and premiffes, or any part thereof; and all jurifdiftions, rights, royalties, liberties, freedoms, immunities, privileges, franchifes, pre-eminences, and commodities whatfoever, which they the faid Council edabliihed at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England in America, then had or might ufe, exercife or enjoy, in or within the faid land and premifes, by the fame indenture mentioned to be given, granted, bargained, fold, enfeoffed, and Habendum: confirmed in, or withii\, any part or parcel thereof; to have and to hold -the faid part of New-England in America, which lies and extends, and is abutted as aforefaid, and every part and parcel thereof, and all the faid iflands, rivers, ports, havens, waters, fifhings, mines, minerals, jurifdi6lions, franchifes, royalties, liberties, privileges, commodities, hereditaments and premifes whatfoever, with the appurtenances, unto the faid Sir Henry Rpfewell, Sir John Young, Thomas Southcott, ■il 97 Soulhcolt, John Humphreys, John Endicott, and Sinion Whetcombe, their heirs and afligns, and their aflbciates for ever, to the only proper and abfolute ufe and behoof of the faid Sir Henry Rofwell, Sir John Voung, Thomas Southcott, John Humphreys, John Endicott, and Sinion Whetcombe, their heirs and afligns, and their anfociates for evermore; to be holden Tenendum, of our faid royal Grandfather king Charles the Firll, his heirs and fucccflbrs, as of his manor of Eall Green- wich in the county of Kent, in free and common foccage, and not in capitCt nor by knights fervice ; ^ . . yielding and paying therefore unto our faid royal dum. Grandfather, his heirs and fucceilors, the fifth part of the ore of gold and filver, which (hould, from time to time, and at all times hereafter, happen to be fouud, gotten, had and obtained in any of the faid lands within the faid limits, or in or within any part thereof, for and in fatisfa£iion of all manner of duties, demands ' r^ and fervices whatfoevcr to be done, made or paid to our faid royal Grandfather, his heirs or fuccefTors, (as in and by the faid recited indenture may more at large appear). And whereas our faid royal Grandfather, in and by jj,j jjj his letters patents under the great Seal of Endand, confirmed t 1 ttr n • n • *• . . « t^is giant bearing date at Weftmmfter the fourth day of March by inutf- in the fourth year of his reign, for the confideration 5*csir.' K therein mentioned, did grant and confirm unto the faid Sir Henry Rofwell, Sir John Young, The. South- cott, John Humphreys, John Endicott, and Simon Whetcombe, and to their aiTociates after named j viz. Sir Ralph Saltenflall, knight, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel VafTal, The- H ophilus 98 ,; fi|?'^ :<■- I l> I w if- ^ii ophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutcbins, William Vaflal, William Pinchcon, and George Foxcroft, their heirs and afligns, all the faid part of New* England in America, lying and extending between the bounds and limits in the faid indenture expreiTed, and all .1 • lands and grounds, place and places, foils, woods and wood'grounds, havens, ports, rivers, waters, mines, minerals, jurifdi^lions, rights, royalties, liberties, free- doms, immunities, privileges, franchifes, pre-eminen- ces, and hereditaments whatfoever, bargained, fold, enfeoffed and confirmed, or mentioned or intended to be given, granted, bargained, fold, enfeoffed, aliened and confirmed, to them the faid Sir Henry Rofwell, Sir John Young, Thomas Southcott, John Humphrey, John Endicott, and Simon Whetcombe, tbeir heirs and afTigns, and to their aiTociates for ever, by the faid Habendum, recited indenture; to have and to hold the faid part of New-England in America} and other the premifes thereby mentioned to he granted and confirmed, and every part and parcel thereof, with the appurtenances, to the faid Sir Henry Rofwell, Sir John Young, Sir Richard Sahenflall, Thomas Southcott, John Hum- ' pbrcy, John Endicott, Simon Whetcombe, Kaac Johnfon, Samuel Alderfey, John Ven, Matthew Crad- !: dock, George Harwood, Increafe Nowell, Richard Per- ry, Richard BelUngham, Nathaniel Wright, Samuel VafTall, Theophile* Eaton, Thomas Golft, Thcmas Adams, John Brown, Samuel Brown, Thomas Hutcb- int, William VafTall, William Pincheon and George Foxcroft, their heirs and afligns for ever, to their only proper and abfolute ufe and behoof for evermore; to T«nendum. be holden of our faid royal Grandfather, his heirs and fuocelfoM) as of bi» manor of Eaft Greenwich afore- faid, 9D faiil, in free and common foccage, and not in capile, nor in knighls ferviccj and alfo yielding and paying therefore to our faid royal Grandfiilhcr, his heirs and Rci'Jen- fuccefTor^, the fifth part only of all the ore of gold and filver, which from time to time, and at all times after, (hoiild be there gotten, had or obtained, for all fer- vices, cxaiftioni and demands whatfoevcr, according to the tenor and refervution in the faid recittd indcn ture cxpreflt'd. And further our faid royal Grandfather, by the faid ;^^"f,,57"„';, loiters patents, did give and grant unto the faid Sir lai"'* over Henry Rofvvell, Sir John Young, Sir Richard Saltcn- new irHn- ftall, Thomas Southcott, John Humphreys, John *„"ipnccs, Endicott, Simon Whetcombe, Ifaac Johnfon, Samuel ^^ ^''lyx Alderfey, John Ven, Matthew Craddock, George Ha r- and oihcrs. wood, [ncreafe Nowell, Richard Perry, Richard Bel- lingham, Nathaniel Wright, Samuel Vaffall, Theophi- Jiis Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffall, William Pincheon and George Foxcroft, their heirs and adigns, all that part of New-England \\\ i ' America which lies and extends between a great river there, commonly called Monomack, alias Merrimack, river, and a certain other river there, called Charles river being in the bottom of a certain bay there, com- monly called MaiTachufetta, alias Mattacbufetts, alias Maflatufetts, Bay, as alfo all and fingular tI>ofe . lands and hereditaments wbalfoever, lying witbrn the fpace of three Englifh miles on the Soiah part of the faid River called Charles River, or ofaivy or«very part thereof) and alfoallandfingularthofe lands and heredita- ments whatfOevcr, lying and being withia the (pace of three Englfdi mil^s to theSoutliward(^theSouthermoti part of the faid bay^ called Maflachuf^itts, aliasMAttacbu- H 2 ft; IS, r'li: V.,|, 100 fttn, alias MnfTatufetls, Bay ; and alfu all thofe lands and hereditaments whatfoever, which lie and be within the fpace of three Englifh miles to the north»vardot' the faid river, called Monumack, alias Merrimack, or to the Northward of any and every part thereof, and all lands and hereditaments whatfoevcr, lying within the limits aforeiaid, North and South in latitude and in breadth, and in length and longitude, of and within all the breadth aforcfaid, throughout the main lands there, from the Atlantick,or Weftern, fea and ocean, on the £a(l part, to the South-Sea on the Weft part; and all lands and grounds, place and places, foils, woods and wood-lands, havens, ports, rivers, waters and heredi- taments whatfoever, lying within the faid bounds and limits, and every part and parcel thereof; and alfo all iflands in America aforefaid, in the faid feas, or cither of them, or the Weftern or Eaftern coafts, or parts of the faid trails of lands thereby mentioned to be given and granted, or any of them ; and all mines and mi- nerals, as well royal mines of gold and (ilver, as other mines and minerals whatfoever, in the faid lands and premifes, or any part thereof ; and free liberty of fiftiing in, or within, any of the rivers or waters within the- bounds and limits aforefaid, and the feas thereunto ad- joining ; and all fiflies, royal fifties, whales, bnlcne, fturgeons, and other fifties of what kind or nature fo- ever, that ftiould at any time hereafter be taken in, or within, the faid feas or waters, or any of them, by the faid Sir Henry Rofewell, Sir John Young, Sir Richard Saltenftali, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcombe, Ifaac Johnson, Sa- muel Alderfey, John Ven, Matthew Craddock, George Garwood, Increafe Nowell, Richard Bellingham, Thomas Wright, Samuell Vaflall^ Theophilus £aton» Thomas ij' ■) 101 Thomas Oolfc, Tliomas Acl.»nis .Tolin Brown, Samuct lirovvnc, 'iho. IIiitchin>, William VafTall, \\'iUiam Pinchcoii, and George Foxcroft, their Heirs or Aflign?, or by any other perfon or perfons vvh i foevcr there in- habitinir, by them, or any of them, to be appointed to ProviiOfc fifli therein. Provided a! vays, that if the faid lands, iflands, or any of the premifcs before-mentioned, and hv the faid letters patents laft-mcntionod, intended and meant to be granted, were, at the time of the granting the faid former letters patents, dated the third (lay of November, in the eighteenth year of the reign of his late Majcdy King James the Firll, atSlualiy pof- feflld or inhabited by any other Chrillian Prinee or State, or were within the bounds, limits or territories . of the faid Southern Colony then before granted by the King, to be planted by divers of his loving fubjet^s ' in the South parta of America, that then the faid grant of Our faid Royal Grandfather (liould not extend to any fuch parts or parcels thereof, fo formerly inhabited or lying within the bounds of the Southern Plantation as aforefaid j but as to thofc parts or parcels fo pofllf- fed or inhabited by any fuch Chriftian Prince or State, QT being within the boundaries aforefaid, (hould be ,iu^ utterly void ; to have, hold, poflefs, and enjoy, the faid parts of New-England in America, w hich lie, extend, und are abutted as aforefaid, and every part and parcel, thereof, and all the iflands, rivers, ports, havens, waters, fifliings, fifljcs, mines, minerals, jurifdi6tions, franchifes, royalties, liberties, privileges, commodities, and prcmtfes whatfocver, with the appurtenances, unto the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcolt, John Hum- phreys, John Endicott, Simond Whelcombc, Ifaac. Johnfon, Samuel Aldcrfey, John Ven, Matthew Crad- dock, George Ilarwood, Incrcafe Nowell, Richard Per- " 3 ry, i tlabcn- 103 M .. N i- i:'«v •■'■ m m. 1 »■• < f 1 If •■|:,' ,. 1 1 p -11 1 if k ry, Richard Belllngham, Nathaniel Wright, Samuel VaflTall, Thcophilus Eaton, Thomas Goife, Thomas Adams, John Brown, Samuel Browne, Thomas JIutchins, William Vaflal, William Pinchcon, and George Foxcroft, their Heirs and Afligns for ever, to the only proper and abfolute ufe and behoof of the faid Sir Henry Rofwell, Sir John Young, Sir Kichard Sal- tenftall, Thomas Southcott, John Humphreys, John Endicott, Symond Whetcombc, Isaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Garwood, Incrcafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuell Vaflall, Theo- philus Eaton, Thomas Golfe, Thomas Adams, John . Brown, SannicI Browne, Thomas Hutchins, William Vaffall, William Pincheon, and George Foxcroft, tenendum, their Heirs and Affigns for evermore j to be holden of our faid Royal Grandfather, his Heirs and Succeflbrs, as of his manor of Eaft-Grecnwich in the county of Kent, within the realme of England, in free and com- mon foccage, and not in capte, nor by Knights fer- vice ; and alfo yielding and paying thereof to Our faid Royal Grandfather, his Heirs and Succeflbrs, the fifth partonly of all the ore of goldand filver, which from time to time, and at all times hereafter, (liould he gotten, had or obtained, for all fervices, exactions and demands whatfoever: Provided always, and his Majefty*s exprefs will and mianing was, that only that one fifth part of all the gold a. 1 filver ore abovementioned in the whole and no more, (hould be anfwered, referved or payable unto our faid Royal Grandfather, his Heirs and Suc- cefTors, by colour or virtue of the faid laft-mentioncd letters patents, the double refervations or recitals aforc- i^id, or any thing therein contained notwith(landing»< Aod tatbe end that the affairs and bufinefs^ which , from- Redden- dum. 103 from lime to time fhould happen and arife, concerning incorpora- ' * tion of the the lands and plantations of tiie fame, might be the grantees, better managed and ordered, and for the good govern- RoseJeil' ment thereof^ Our faid Royal Grandfather, King *^^-. *^J^ Charles the Firft, did, by his faid letters patent, create ccssors, by and make the faid Sir Henry Rofwell, Sir John ^t the Go- Young, Sir Richard Sahenftall, Thomas Southcott, ^[^J'^j;,. John Humphreys, John Cndicott, Symond Whet- pany, of the Massa- combe, Ifaac Johnfon, Samuel Alderfey, John Yen, chusetts Matthew Craddock, George Harwood, Increafe Now- England.*^* cli, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, and Theophilus Eaton, Tho- mas Golfe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaffall, Wil- liam Pincheon and George Foxcroft, and all fuch others as iliould thereafter be admitted and made free of the company and Society therein after-mentioned, one body corporate and politick in fa&. and name, by the ' | name of the Governour and Company of the Mtdfachu- fetts Bay in New-England ; and did grant unto them, and their Succeffors, divers powers, liberties, and privi- leges, as ia and by the faid letters patents may more fully and at large appear. And whereas the faid Governour and Company of the Maffachufetts Bay in New England, by virtue of the faid letters patents^ did fettle a Colony of the Englifli in the faid parts of America, and divers good fubjeds of this kingdom, encouraged and invited by the faid letters patents, did tranf|>ort themfelves anql their effects into the fame, whereby the faid plantation not only to the fafety but The pctiti. oil of the iiihab.tanis of M ssa- 105 Init to the flouriftiing eftate of Our ful)je6l3 in the faid pans of New-England j and alfo to the advancing the ends for which the faid plantations were at firft en- couraged J of Our cfpecial grace, certain knowledge, ^^^^ ^^^^ and mere motion, have willed and ordained, and We grant* do by thcfe prefents for us, our Heirs and SucceflTors, will and ordain, that the Territories and colonics, com- ji,e ^ew nionly called or known by the names of the Colony of ^"""''•''^'.^^ the Maflachufetts-Bay, and Colony of New-Plymouth, n>, or Pro- the . Province of Main, the Territory called Accadia, ,he Massa- or Nova-Scotia, and all thattraft of land lying between ^av^In the faid Territories of Nova-Scotia, and the faid pro- New-Eng- vince of Main, be united, erefted, and incorporated ; and we do by thefe prefents unite, ere(n:, and in- corporate the fame into one real Province, by the name of our Province of the Maffacbiifetts B'ly in New-England; and of our fpecial grace, certain knowledge, and mere motion, we have given and granted, anrl, by thefe prefents, for us, our Heirs and fucceflbrs, do give and grant unto our faid fubjedts, the inhabitants of Our faid Province, or Territory, of the Maflachufetts Bay, and their Succeffors, all that part of New-England in America, lying and extend- ing from the great river commonly called Monomack, alias Merrimack, and the North part, and from three miles northward of the faid river, to the Atlantic, or weftern, fea, or ocean, on the fouth part ; and all the lands and hereditaments whatfoever lying within the limits aforefaid, and extending as far as the uttermoft points or promontories of land called Cape Cod and Cape Malabar north andfouth,and inlatitudeandbreadth,and in length and longitude, of and within all the breadth and compafs aforefaid, throughout the main land there, from the faid Atlantic, or Weftern, Sea and ocean on the eaft part, towards the South Sea or Weft- ward. .r' :• Y -fit '< :,<" m^ 106 ward at far as our colonics of Rhode Kfland, Connec- tient, and the Narrowganfct countP" and alfo that part and portion of Main land beginning at the entrance of Pifcataway harbour, and fo pafEng up the fame into the river of Newickcwannocke, and through the faine into the furthett head thereof, and from thence North-weft- wurd till one hundred and twenty miles be finiflied, and from Pifcataway harbour mouth aforefaid, North- caftward along the sea-coaft to Sagadehock, and from the period of one hundred and twenty miles aforefaid, to crofsover land to the one hundred and twenty-miles -f before reckoned-up into the lands from Pifcataway harbour through Newickannocke river; and alfo the North half of the Ifles of Shoals, together with the Ifles of Chappawock and Nanluckett, near Cape Cod aforefaid ; and alfo the lands and hereditaments lying and being in the Country or Territory commonly called Accadia or Nova-Scotia ; and all thofe lands and hereditaments lying and extending between the faid Country or Territory of Nova-Scotia and the faid river of Sagadahock, or any part thereof; and all lands, grounds, places, foils, woods and wood-grounds, havens, ports, rivers, waters, and other hereditaments and premifes whatfoever, lying within the faid bounds and limits aforefaid, and ev^.ry part and parcel thereof; and alfo all Iflands and Iflets lying within ten leagues directly oppoHte to the main land within the faid bounds, and all Mines and Mincralls, as well Royal Mines of gold and filver, as other Mines and Minerals whatfoever, in the faid lands and premifes, or any part Habendum, thereof; to have and to hold the faid Territories, traas, countries, lands, hereditaments, and all and lingular other the premifes, with their and every of their appur- teijiaaces, to our laid fubje^Si the inhabitaats of our faid Tenendum. 107 {aid province of liie Maflachufctts Bay in New-England, and their fucccflbrs, to their only proper ufe and be- hoof for evermore j to be holden of us, our heirs and fucccflbrs, as of our manor of Eaft Greenwich in the County of Kent, by fealty only, in free and common foccage, yielding and paying therefore yearly, to us, our heirs and succeflbrs, the fifth part of all gold and filver ore and precious ilones, which fliall from time to time, and at all times hereafter, happen to be found, gotten, had and obtained, in any of the faid lands and pre- Provisoe in mifes, or within any part thereof: Provided neverlhe- grants nmiie lefs, and we do for us, our heirs and fucceflbrs, grant amhoniy and ordain, that all and every fuch lands, tenements, njej^char- hereditaments, and other eftates, which any perfon or t"'**"'^'"? ' , Charles tie |)erfon8, or bodies politick or corporate, towns, villages, Fiisi. colleges, or fchools, do hold and enjoy, or ought to have, hold and enjoy, within the bounds aforcfaid, by ,. , or under any grant or eftate duly made or granted by any General Court formerly held, or by virtue of the letters patents herein before-recited, or by any other lawful right or title whatfoever fliall be by fuch perfon ; and perfons, bodies politick and corporate, towns, vil- lages, colleges, or fchools, their refpe6live Heirs, Suc- ceflbrs and Aiflgns, for ever hereafter held and enjoyed according to the purport and intent of fuch refpe£tive grant, under and fubje£t nevertheltfs to the rents and fervices thereby refervcd or made payable j any mat- ter or thing whatfoever to the contrary notwithftanding. And provided alfo, that nothing herein contained fliaH extend, or be underftood or taken, to impeach or pre- < judice any right, title, intered, or demand, which Samuel Allen, of London, Merchant, claiming from and under John Mafon, Efquire, deceafed, or any other per- • [i)n, or perfons, hatb^ or have, or claimeth or claim, to mi '.m ? hiitt hli ' .ft;- :V, 'll » it ¥>l A Govtr- nour, Lieu. tenant-Go- 108 have, hold or enjoy, of in to or out of any part or parts of the prcmifcs fituatc within the limits above-men- tioned ; but that the faicl Samuel Allen, and all and every fuch perfon and perfons, may and fliall have, hold and enjoy the fame, in fuch manner (and no other than) as iF thefe prcfents had not been had or made > it being our further will and pleafure, that no grants or conveyances of anv lands, tenements or hcredilamcnts to any towns, collegrs, fchools of learning, or to any private perfon or perfons, fliall be jiulged, or taken, to be avoided, or prejudiced, for, or by rcafon of,any want, or defeiSl, of form, but that the fame ftand and remain of force, and be maintained, adjudged, and have eflcft in luch manner as the fame fliould, or ought, before the ' lime of the faid recited judgement, according to the laws and rules then and there ufually praflifcd and allowed. And we do further, for us, our heirs and fucceflbrs, will, eftablifh, and ordain, that from henceforth for ever vernourand there (liall beone Governour, one Lieutenant, orDeputv, Secretary of ' ... theProvince Govemour, and one Secretary, of our faid Province or pointed by Territory, to be from time to time appointed and com- thekjHg. miflionatcd by us, our heirs and fucceflbrs, and eight- and-twenty-Affiftants or Councillors, to be advifing and aflifting to the Governour of our faid Province or Territory for the time being, as by thefe prefents is hereafter direftcd and appointed, which faid Council and Afliflants are to be conftituted, elcfled and chofen, in fuch form and manner as hereafter in thefe prefents is exprefled. twenty- And for the better execution of our royal pleafure scilors. ' and grant in this behalf, We do, by thefe prefents, for us, our Heirs and Succeflbrs, nominate, ordain, make and conftilute, our trufty and well beloved Simon Broadftrcet, John Richards, Nathaniel Sa!f':uitc 11, Wsit Winthrop, 4 109 Winthrop, John Philips, James RufllH, Samuel Scwall, Samuel Apleton, Bartholomew Gedncy, John Haw- thorne, Eliftia Hutchins, Robert Pike, Jonathan Cur- win, John Joliiffe, Adam Winthrop, Richard Middle- cot, John Fofter, Peter Serjeant, Jofeph Lynd, Samuel Ileyman, Stephen Mafon, Thomas Hinkely, William Bradford, John Wallcy, Barnabas Lowthrop, Job Al- cot, Samuel Daniel, and Silvanus Davies, Efquires, the flrft and prcfcnt Counfellors or Affiftants of onrfaid Province, to continue in their faid refpe6live offices or trufts of Counfellors or Affiftants until the laft Wed- nefday in May, which (hall be in the year of our Lord One thoufand Six hundred Ninety-three, and until other Counfellors or Afliftants fliall be chofen and ap- pointed in their (lead, in fuch manner as in thefe pre- fents is expreflTed, And We do further, by thefe prefents, conftitute and appoint our trufty and well-beloved Ifaac Addington, Efquire, to be our fir ft and prefent Secretary of our faid province during our pleafure. And our will and pleafure is, that the Governour of The Govern our faid province, for the time being, (liall have autho- nourtohave powertoas- rity from time to time, at his difcretion, to aflfemble ^'"^'*!/''^ ' ' ^ ' Council at and call-together the Counfellors, or Afliftants, of our his discre- faid province, for the time being; and that the faid Go- g vernour, with the faid A(Iiftant8, or Counfellors, or fe- Counsd- ven of them at lead, fliall and may, from time to time, must be hold and keep a Council for the ordering and direding evcry"nielt. the affairs of our faid province. '"S ®f t'i«= Council. And further, we will, and, by thefe prefentj, for Us, a General Our heirs and fucceflTors, do ordain and grant, that A°!imbT there (liall and may be convened, held, and kept, by the *" ^c held Governour for the time being, upon every lad Wednef- *^*"^ ^^"' day in the month of May every year for ever, and at all fuch W Hi ■nil ^ •, *E-'" VI net. no fnch other times as the Governor of our faid province (hall think fit and appoint, a Great and General Court Deputies or AflTembly j which faid Great and General Court, or scmbiy to Aflemblv, fljall confift of the Govcrnour and Council, or byrneTrce. AflTiftanis, for the time being, and of fuch freeholders the r"'^^ of our faid province, or territory, as (hall be from time to time elcdtcd, or deputed, b)' the major part of the freeholders. End other inhabitants of the refpedive towns and places, who fliall be prcfcnt at fuch eltftions; each of the laid towns and places being hereby impow- cred to elc6l and depute two perfons, and no more, to ferve for and rcprcfent them rer|)e6lively in the faitl Great aud General Court or Aflcmbly, to which Great and General Court or Aflemblv, to be held as afore- faid, We do hcrcrly for Us, Our heirs and fucccflbrs, give and grant full power and authority, from lime lo time, lo dircft, appoint anddcclare, what nnmbcrof each county, town, and place, (hall ele6l and depute to ferve for and reprefcnt them refpe£lively in the faid Great and General Court or Aflembly, provided always, that jio freeholder, or other pcrfon, (hall have a vote in the election of Members to ferve in any Great and General Court or Aflembly, to be held as aforefaid, who, at the time of fuch ele6liun, fliall not have an eflate of free- hold in land, within our faid province or territory, of Oaths to be the value of forty (hillings per annum at leaft, or other pc^rsonV^* ^ft*te to the value of fifty pounds fterlinff; and that ticcied. every pcrfon who fliall be fo eledted, (hall, before he (it or aft in the faid Great and Gene^a^ Court or Affembly, take the oath mentioned in the aft of parliament made in the firft: year of Our reign, intituled, ** An ad for the abrogating of the Oaths of Allegiance and Su- premacy, and appointing other Oaths," and thereby appointed to be taken in (lead of the O&ths of Aiiegi- ancf Qualifica- tion of ttie •lectors. Ill ance and Supremacy, and (hall make) repeat and fub« fcribe, the declaration mentioned in the faid a^, before the Governor, or Lieutenant or Deputy- Governor, or The Gover- , , nor may any two of the afliflants, for the time being, who (hall atijoum, be thereunto authorifed and appointed by our faid Go- or7nfso*ve, vernori and that the Governor, for the time beins", |^« Asscm- fhall have full power and authority from time to time, pleasure, as he (hall judge neceflary, to adjourn, prorogue and difTolve, all Great aud General Courts oi AiTemblies, met or convened as aforefaid. And Our will and plcafure is, and We do hereby for The coun- us, our heirs and fucceffors, grant, eftablifti and ordain, tobechoTen that yearly, once in every year for ever hereafter, the a"""*"/ aforefaid number of eight and twenty Counsellors or Assembly. Afli(lants(hallbe bytheGeneralCourtor AiTemblynewly chofen; that is to fay, eighteen at lead of the inhabi- tants or proprietors of lands within the territory for- merly called the colony of the Maflfachufets Bay and four at the lead of the inhabitants of, or pro- prietors of lands, within the territory formerly called New Plymouth, and three at the lead of the inhabi- tants of, or proprietors of lands within the territory for- merly called the Province of Main, and one at the leafl: of the inhabitants of, or proprietors of lands within, the territory lying between the river Sagadahoc and Nova-Scotia; and that the faid Counfcllors or A(Ii(i- ants, or any of them, fliall or may, at any time here- after, be removed and difplaced, from their refpe£iive places or trull of Counfellors or Afliilants, by any Greater General Court or Aflembly; and that , if any of the faid Counfellors or Afliftants fliall happen to die, or be removed as aforefaid, before the General day of ele6tion, that then, and in every fuch cafe, the Great and General Court or Aflembly, at their firll fitting, may \:I i' 1 ' '■■y.-ti 112 may proceed to a new ele£lion of one or more Coun- fellors or Affiftants, in the room or place of fuchCoun- fellors or Affidants fo dying or removed. The Cover- An^i Y^y j„ fiirther irrant and ordain, that it (hall nour and o ' Council are and may be lawful for the faid Governour, with the the judges, advice and confcnt of the Council or Afliltants, from officcrs'of *'"^^ *° *'"^c> *o nominate and appoint Judges, Coni- justice. milHonersof Oyer and Terminer, Sheriffs, Provofts-Mar flials, Jufticej of the Peace, and other officers to our Council and Courts of Juftice belonging: provided al- ways that no fuch nomination or appointment of ofTi- «; cers be made without notice firll given, or fummoni iifued out, fevcn days before fuch nomination or ap- ' • pointmcnt, unto fuch of the faid Counfellors, or Affift- ants, as fliall be at that time refiding withui our faid province, Onihstobe "^"^ ^"'' ^^''^ ^"^ pleafurc is, that the Governour, t;«kciib> the and Lieutenant, or Deputy, Governour, and Counfellors, Governour ... and the or Afliflants, for the tmie bemfr, and all other officers Z^"'* to be appointed or chofen as aforcfaid, (hall, before the undertaking of the execution of (heir offices and places rcfpe6iively, take their fcveral and refpedlive oaths for the due and faithful performance of their duties in their fevcral and rcfpeftive offices and places; as alfo the oaths appointed by the faid aft of parliament, made in firft year of our reign, to be taken in ftead of the oaths of allegiance and fupromacy; and fliall make, repeat, and fubfcribe, the declaration mentioned in the faid aft, before fuch perfon or perfons as are by thefe prefents herein after appointed; (that is to fay) the Go' vernour of our faid province, or territory, for the time being, (hall take the faid oaths, and make, repeat, and fubfcribe, the faid declaration, beforethe Lieutenant, or Deputy, Governour, or, in his abfencc, before any two or 113 or more of the faid perfons hereby nominated and ap poinled the prefcnt Counfcllors, or Afliftants, orour faid province or territory, to whom We do, by thcfc prefcnts, give full power and authority to give and ad- minider the fame to our faid Govcrnour accordingly; and, after uur faid Guvernour (hall be fworn, and (hall have fubfcribed the faid declaration, that then our Lieutenant, or Deputy, Govcrnour, for the time being, and the Counfellors, or Afliiiants, before by thefe prc- fents nominated and appointed, (liall take the faid oaths, and make, repeat, and fnbfcribe the faid declara- tion beforeourfaid Govcrnour; and that every fuch per- fon, or perfons, as (liall (at the time of the annual elec- tions, or othervvife upon death or removal) be appoint- ed to be the new Counfellors or Afllllants, and all other Officers to be hereafter chofen from time to time, fliall take the oaths, to their refpe0''" Deputy, Govtrnour, and Secretary, of our faid vincf, shall province or territory, for the lime being, \Vc do herc- :.ainc oaths, by referve full power and authority to us, our heirs, and fucceflTors, to nominate and appoint accordingly,) (hall, before he or they be admitted to the execution of their offices, take as well the oaths for the due and faithful performance of the faid offices rtfpeAively, as alfo the oaths appointed by the faid a6l of parliament, made in the faid firft year of our reign, to be taken inftead of ^ the faid oaths of allegiance and fupremacy; and fTiall alfomakc, repeat^ and fubfcribe the declaration appoint- ed by the faid a6l, in fuch manner, and before fuch pcrfons, as aforcfaid. And further, our will and plcafure is, and we do hereby for us, our heirs, and fuccefl()rs, grant, cllablini, and ordain, that all and every of the fubjefts of us, born in the our heirs, and fucceflbrs, which (hall go to, and inha- vincf shall bit within, our faid province and territory, and every samVrights of their children, which (hall happen to be born there, andprivi- or on the feas in coiner thither, or returning from leges as if . . . . they had thcnce, fliall have and enjoy all liberties and immuni- in England, ties of free and natural fubjeds within any of the do- minions of us, our heir?, and fucceflTors, to all intents, conftiu£lions, and purpofes whalfocver, as if they and every of them were born within this our realm of England . And for the greater eafe and encouragement of our lovingfubje^s inhabiting our faid p'^ovince, or territory, of the MaflTachufets-bay, and of fuch as (hall come to inhabit there, we do, by thefe prefents, for us, our heirs, and fucce(rors, grant, eftabli(h, and ordain, that for ever hereafter. The chil- dren of ihc king's sub- jects that shall be )vcrnour. 11.1 hereafter, there fiiall be a liberty of confcience allowed Liberty ot in the worflup of God to all Chrmians (except papifts) in the wor- inhabiting, or which Oiail inhabit or be refidcnt, within Ji^aUCh^i our faid province, or territory. And we do hereby ''*"'. '"''^' ' , ' ^ province, grant and ord;un, that the Governour, or Lieutenant, or except Pa- Deputy, Govcrnour, of our fai; ,il f ill Mm Appeals from the courts of justice to the king in council '. i'l 116 Courts and Judicatories, we do hereby, for us, our heirsy and fucceflurs, give and grant full power and authority, from time to time, to adminiftcr oaths, for the better difcovery of truth in any matter in controverfy, or de- pending before them. noITrand"' "^"*^ ^'^^ ^°* ^^^ "^» ^^^ ^*^''"^' ^"^ fucceflors, grant, Council eftablifl), and ordain, that the Governour of our faid may grant probates of province or territory for the time being, with the letters of Council, or AflTiftants, may do, execute, or perform all t^on^'"'^''*' '^^' '^ neceffary for the probate of wills, and granting of adminidrations, for, touching, or concerning, any intereft or eUatc, which any pcrfon or perfons {hall have within our faid province, or territory. And whereas we judgeit neccflary, that all our fubjeftg (hould have liberty to appeal to us, our heirs, and fuc- ceflors, in cafes that may dcforve the fame, we do, by thcfe prcfents, ordain, that in cafe either party do not reft fatisfied with the judgement or fentence of any judicatories or courts within our faid province or terri- tory, in any perfonal atStion, wherein the matter in difference doth exceed the value of three hundred pounds fterling, that then he, or they, may appeal to us, cur heirs, and fucceflors, in our, or their, privy-council j provided that fuch appeal be made within fourteen days after the fentence, or judgement, given j and that, before fuch appeal be allowied, fecurity be given by the prirty or parties appealing, in the value of the mat- ter it: difference, to pay or anfwer the debt or dama- ges, for which 'he judgement, or fentence, is given, with fuch cofts and damages as fliall be awarded by us, our heirs,orfucccffors,in cafe the judgement, or fentence, be aflirmed : and provided alfo, that no execution (hall be ftaid, or fufpended, by rcafon of fuch appeal unto us, our heirs, and fueceffors, in our or their privy-council, fo Conditions of such appeals. 'It. ■' ■ 117 fo as the party filing, or taking-out, execution do, in the like manner, give fecurity to the value of ihc matter in difference, to make rcftitution, in cafe the faid judge- ment or lenience be reverfed or annulled, upon the faid appeal. And we do further, for us, our heirs, and fucceffors, '^^^ ^^"*"' ' ral Assem- give and grant to the faid Governour, and the Great or bly may GeneralCourt,orAffenibly, of our faid province, orterri- *^* ' tory, for the time being, full power and authority, from time to time, to make, ordain, and eftablifh all manner of wholefome and reafonable orders, laws, flatutes, and ordinances, directions and inftru6l:ions, either with penalties or without (fo as the fame be under cer- , , - , . , tain restriCT not repugnant or contrary to the laws or Uns our realm tions. of England) as they fliall judge to be for the good and welfare of our faid province or territory, and for the government and ordering thereof, and of the people inhabiting, or who (hall inhabit, the fame, and fort neceffary fupport and defence of the governinery thereof. And we do for us, our heirs, and fncccflors, g've jt j,jj5iii4c, and £;rant, that the faid General Court, or AflTembly.ftiall ^'^^ ^^^ ° ' ' -^ ' power of have full power and aulhority to name and fettle, electing annually, all civil officers within the faid province, crvTofiv ^ fuch officers excepted, the ele^''^ra BK)! i>^,- 1 W^Bl M,i', 'i;fe|v \M mm { l^^K Wi'fS.j^ t a ..lA-\ ♦ M 'I 122 ¥M ■1^ i^' 'ti I .„ Jium: fill- ■.' 1 i* P«wer of the deputy- Governour in the absence of the Cover- nour. Power of the Coun- cil of the said pro- vince in the absence of both the Governour and Lieute nant Governour. f our laid province or territory, or oblige thcni to march out of the limits of the fame, without th^ir free and voUmtary coufent, or the coiifent of the Great and General Court, or Aflembly, of our faid province or ter- ritory, nor grant commiffions for exercifing the law martial upon any of the inhabitants of our faid pro- vince or territory, without the advice and confent of the Council, or A0t(lants, of the fame. Provided in like manner, and we do by thefe pre- fents, for us, our heirs, and fucceflbrs, conilitute and ordain, that when, and as often as, the Governour of our faid province for the time being (hall happen to die, or be difplaced by us, our heirs, or fucceflbrs, or be ab- fent from his government, that then, and in any of thefe cafes, the Lieutenant, or Deputy, Governour of our faid province for the time being (hall have full pow- er and authority to do and execute all and every fuch a€tSf matters, and things, which our Governour of our faid province for the time being might, or could, by virtue of thefe our letters patents, lawfully do or exe- cute, if he were perfonally prefent, until the return of the Governourfo abfcnt, or the arrival, or coniUtution^i^ - fuch other Governour as fhall, or may, be appointed by us, our heirs, or fucceflbrs, in his (lead ; and that, when and as often as, the Governourjand Lieutenant, orDlcpu- ty, Governour, of our faid province or territory, for the time being, fhall happen to die, or be difplaced by us, our heirs, or fucceffors, or be abfentfrom our fa^d pro- vince, and that there fhall be no perfon within th/e (aid province commiflionated by us, our heirs, or fucceffors, to be Governour within the fame, then, and in every of the faid cafes, the Council, or AfHflants,of our faid pro* vince fhall have fiill power and authority, and we do hereby give and grant unto the fud Council, or Aflifl- antSj 125 ants, of cur faid province for the time being, or the major part of them, full power and authority to do and execute all and every fuch afts, matters, and things, which the faid Governour, or Lieutenant, or Deputy, Governdur, of our faid province or territory, fo** the lime being, might or could lawfully do or exercife, if they, or either of them, were perfonally prefent, until the re- turnof the Governour, or Lieutenant^ orDepnty, Go\er- nour, fo abfenl,or the arrivali orconftitul;on,of fuchother Governour,or Lieutenant, orDeputy, Governour, as (hall or may be appointed by us, our heirs, or fucceflbrs, from time to time. Provided always, and it is hereby declared, that no- ralty-Court thing herein contained (hall extend or be taken to ereft e*rec°ecl*°by^ or grant, or allow the exercife of any Admiralty-Court ^py autho- jurifdi£lion, power or authority, but that the fame (hall province, be and is hereby referved to us and our fucceflTors, and undcT'thc (hall from time to time be created, granted and exer- 9^^^'^^*^ °^ ' ° EngUnd, or cifed by virtue of commiflfions to be {(Tued under the ihe Seal of Great Seal of England, or under the Seal of the High Admilli Admiral, or the Commi(fioners for executing the o(fice of ^"s'a"*- of High Admiral of England. And further, our exprefd will and pleafure is, and we do, by thefe prefents, for us, our heirs, and fucceflTors, ordain and appoint, that thefe our letters patent (hall not, in any manner, enure, or be taken, to abridge, bar, ,. j^ j^ or hinder, any of our loving fubje6ls whatfoever, to uie tcrshail not and exercife the trade of (i(hing upon the coafts of New- drance to"* England, but that they, and every of them, (hall have sllbj^c"? 'f„ full And free power atid liberty to continue and ufe the *'^^'^ "^'^^ faid trade of fi(hing upon the faid coa(ls, in any of the on the feas thereunto adjoining, or any arms of the faid foas New Eng- or falt-water rivers, where they have been wont to fi(h j '*"'^' and to build and fet-up on the lands, within our faid province I m 124 !ltt. lis I f • pr6vince or colony, lying wafte, and nOb then poflfcfled by particular proprietors, fuch wharfs, ilages, and work- houfes, as (hall be neceflary for the falting, drying, keeping, and packing of their iifli, to be taken or gotten upon that coaft, and to cut-down and take fuch trees and other materials there growing, or being, upon any parts or places lying wafte, and not then in poflfeiBon of particular proprietors, as (hall be needful for that pur- pofe, and for all other necefTary eafements, helps, and advantages, concerning the faid trade of fiftiing there, in fuch manner and form as they have been heretofore at any time accuRomed to do, without making any wij. ful wafte or fpoil j any thing in ihefe prefents contained ^ ^10 the contrary notwilhftanding. tion of large And laftly, for the Wter providing and furnifhing use of the of mafts for our royal navy, we do hereby referve to us, ^^^' our heirs, and fucceflbrs, all trees of the diameter of Iwenty-four inches, and upwards of twelve inches from the ground, growing upon any foil, or tra«9: of land, within our faid province or territory, not hereto- fore granted to any private perfons; and we do reftrain and forbid all perfons whatfoever from felling, cutting, or deftroying any fuch trees without the royal licenfe of us, our heirs and fuccefTurs, firft had and obtained, upon penalty of forfeiting one hundred pounds fterling unto us, our heirs, and fucceflbrs, for every fuch tree fo felled, cut, or deftroyed, without fuch licenfe had and obtained in that behalf ; any thing in thefe pre- fents contained to the contrary in any wife notwith- ftanding. In witnefs, &c. Witnefs ourfelves at Weftminfter the feventh day of 0£l:ober. By Writ Privjf Seal, THfi THE VOTES AND PROCEEDINGS OP TI(E FREEHOLDERS AND OTHER INHABITANTS OF THE TOfVN OF BOSTON, in town meeting assembled, accokding to law. [published by order of the town.] To whidi is prefixed , as Intrmluctoiy, AN ATTESTED COPY OF A VOTE OF THE TOWN AT A PRECE0IN6 MEETING. THE WHOLE CONTAINING A PARTICULAR ENUMERATION OF THOSE GRIEVANCES THAT HAVE GIVEN RISE TO THE PRESENT ALARMING DISCONTENTS IN AMERICA. [Boston printed, London reprinted, 1773.J ;»'.'■.. THfi PREEACE OF THE BRITISH EDITOR All accounts of the difcontent fo general in our colonies^ have of late years been induftrioufly fmothered, and con- cealed here; it feeming to fuit the views of the American minifter *, to have it underftood, that by his great abilities all fadion was fubdued, all oppoflition fuppreiled, and the whole country quieted. — That the true ftate of (affairs there may be known, aud the true caufes of that difcontent well underdood, the following piece (not the production of a private writer, but the unanimous aft of a lirge American city) lately printed in New-England, is republiflied here. The Earl of Hillsborough. tw; This I 126 m^ '^ mhu This nation, and the other nations of Europe, may thereby . learn with more certainty the grounds of a dilTenfion, , that poffibly may, fooncr or later, have confequences in- tcrcfling to them all. The colonies had, from tlicir firft fettlemcnt, been go- verned with more e.nfe than perhaps can be equalled by any inftance in hiftory, of dominions fo diftant. Their affedliou and refpeft for this country, while they were treated with kindncfs, produced an almoll implicit obedience to the in- ftruftions of the prince, and even to flfts of the Britifli par- liament, though the right of binding them by a legillaturc in which they were unreprefentcd, was never clearly un- derrtood. That refpe£l and aftcdion produced a partiality in favour of every thing that was Englifiij whence their preference of Englifh modes and manufa£lures; their fub- miffion to reftraints on the importation of foreign goods, which they had but little defire to ufe; and the monopoly we fo long enjoyed of their commerce, to the great enriching of our merchants and artificers. The miftaken policy of the ftamp-a£i firft difturbed this happy fituation ; but the flame thereby raifed was foon extinguiflied by its repeal, and the old harmony reftored, with all its concomitant ad-» vantages to our commerce. The fubfequent a£l of another adminiftration*, which, not content with an eftablifhed ex- olufion of foreign manufa£tures, began to make our own merchandize dearer to the confumers there by heavy du- ties, revived it again: and combinations were entered into throughout the Continent, to ftop trading with Britain till thofe duties ihould be repealed. All were accordingly re- pealed but one, the duty on tea. This was referved profcfT- edly as a (landing claim and exercife of the right alTumed by parliament of laying fuch duties. The colonies, on this * That of the Duke of Grafton, as First Lord of the Treasury, and Mr. Charles To'viishepd (brollicr to General Lord Viscount Townshcnd,) as Chancellor of the Exchequer. repeal, ^ 127 repeal, ' retra6led their agreement, fo far as related to all other goods except that on which the duty was vetaitied. This was trumpeted here by the minlftcr for the colonies as a triumph; there it was conrulcrcd only as a decent and equitable meafure, (bowing a willingnefs to meet the mother country in every advance towards a reconciliation. And the difpofition to a good underftanding was fo prevalent, that poflibly they might foon have relaxed in the article of tea alfo. But the fyftem of commillioners of cuftoms, offi- cers without end, with fleets and armies for collefting and enforcing thofc duties, being continued, and acting with much indifcretion and rafhnefs, giving great and unnecefTary trouble and obftru6lion to bufinefs, commencing unjuft and vexatious fuits, and haralTing commerce in all its brai\chcs, while that mimfter kept the people in a conflant ftate of ir- ritation by in im^erium 133 impcrium in impend*, leading dire6lly to the word anarchy and confufion, civil difcord, war, and bloodflied. The natural liberty of man, by entering into foclety, is abridged or reftraincd fo far only as is ncceflary for the great end of fociety, the beft good of the whole. In the (late of nature, every man is, under God, judge, and fole judge, of his own rights, and of the injuries done him: by entering into focicty, he agrees to an arhiter, or in- dilicrent judge, between him an4 his neighbours; but he no more renounces his original right, than by taking a caufe out of the ordinary courfe of law, and leaving the decifion to referees, or indifferent arbitrators. In the lad cafe he muft pay the referees for time and trouble; he (liould alfo be willing to pay his juft quota for the fupport of govern- ment, the law, and the conftitution; the end of which is to furnifli indifferent and impartial judges in all cafes v.hieh viay happen, whether civil, ecclenailical, marine, or mili- - 'i he natural liberty of man is to be free from any fupe- riour power on earth, and not to be under the will, or legilla- tive authority, of man; but only to have the law of nature for his, rulef." In the ftate of nature, men may, as the Vatnarchs did, employ hired fcrvants for the defence of their lives, liber- ties, and property ; and they (hould pay them reafouahie wages. Government was indituted for the purpofes of com- mon defence; and thofe who hold the reins of government have an equitable natural right to an honourable fupport from the fame principle " that the labourer is worthy of his hire:" but then the fame community which they fcrvc, ought to be the afTtffors of their pay: govcrnours have no * A government within a goveuunent. t Locke on Goveriiinenf. K 3 pi^ht \M' 1 I^K>% '''•^ rSK^'/'j. 1 IwB* m. f * ', \ 134 right to feek and take what they picafe; by this, indead of beingcontent with the ftation affigned them, thatof honoura* ble fervants of the fociety, they would fooii become abfolute majiers, defpots, and tyrants. Hence as a private man has a right to fay, what wages he will give in his private affairs, fo has a community to determine what tbey will give and grant of their fubftance, for the adminiftration of publick affairs. And in both cafes, more are ready generally to offer their fervice at the propofed and flipulated price, than are able and willing to perform their duty. In (hort, it is the great«>fl abfuidity to fuppofe it in the power of one, or any number of men, at the entering into fociety, to renounce their effential natural rights, or the means of preferving thofe rights j when the grand end of civil government, from the very nature of its inflitution, is for the fupport, protection, and defence of thofe very rights, the principal of which, as is before obferved, are life, liber- ty y diVidi property. If men, through fear, fraud, or miflake, ihould in terms renounce, or give>up, any effential natural right, the eternal law of reafon and the grand end of fociety, would abfolutely vacate fuch renunciation; the right to freedom being the gift of God Almighty^ it is not in the power of man to alienate this gift, and voluntarily become a (lave, II. The Rights of the Colonifts as Chrtft'ians. Thefe may be bed underflood by reading and carefully (ludying the inftitutes of the great lawgiver and head of the Chriflian Church, which are to be found clearly written and promulgated in the New-Teflament. By the aft of the Britifh Parliament commonly called ^he toltration-atl, every fubjeft in England, except Papifls, Sec. was rcflored to^ and re-eflabliOied in, hi$ natural right tcv 135 t-i) wordiip God according to the diiSlates of his own con- icience. And by the charter of this province, ii is granted, ordained and eilablifhed (that is, declared as an original right) that there (Itall be liberty of confclence allowed in the wor- diip of Go», to all Chriflians except Fapifts, inhubiting, or which (liall inhabit or be refidcnt within the faid province or territory*. Magna Charta ilfdf is in fubdancebuta con- llrained declaration, or proclamation and promulgation, in the name of King, Lords and Commons, of the fenfe the laf . had, of their original, inherent, indefeafible natural rights jl- as alfo thofe of free citizens, equally perdurable with the other. That great author, tbat great jurift, and even that court writer, Mr. Juftice Blackjlone^ holds, that this recognition was juftly obtained of King John fword-in- hand : and peradventure it muil be one day sword-in- hand again refcued and preferved from total deflrujSiioq and oblivion. III. The Rights of the Colonifls as SubjeSts, A Commonwealth, or State, is a body politick, or civil so- ciety of men, united together to promote their mutual fafc- iy and profperity, by means of their Union :{:. The abfolute rights of EpgUOimen, and all freemen in, or out of, civil society, are principally, personal fecurityy per- sonal liberty and private property. All perfons born in the Britiih American colonies, arc, by the laws of God and nature, and by the common law of "En^l&ndf exclujive of ail charters from the Crow«, well enti- tled, and by a£ts of the Britifh Parliament are declared to • See 1 Wm. and Mary, Si. 2. C. 18. and Massachusetts Charter, in the third year of Williaro and Mary. See above, page 1 15. f Lord Coke's Inst. Blackstone's Commentaries, V. 1. pa. 12?. the Bill of [lights and the Act of Settlement. J See Locke and Vattel. K 4 b? 1 136 m 2' :'l5i M be cntitTed> to all the natural, eflcntial, inherent and infepa-* rablerightSy liberties and privileges of fubje6is born in Grea Britain^ or within the realm. Among thofe rights are the following ; which no man, or body of men, confident- ly with their own rights as men and citizens, or members of fociely, can for thcmfelves give-up, or take-raway from others. Fir/i, " The firft fundamental pofitive law of all Com-, monwealths or States, is the eftablifhing the legiilativc pow- er: As the firft fundamental natural law alfo, which is to govern even the Icgiflative power itfelf, is the prefervation of the society.*'* Secondly^ The legidative has no right to abfolute, arbi- trary, power over the lives and fortunes of the people : Nor can mortals aflume a prerogative, not only too high for xnen> but for angels ; and therefore refer ved for the exer- cife of the Deity alone. ** The legiflative cannot juftly ajfume to itfelf a power to nile by extempore^ arbitrary, decrees -, but it is bound to fee that juftice is difpenfed, and that the rights of the fubjeils be decided, by promulgated, ftanding, and known, laws, and authorized independent Judges ;" that is, independent, as far as poflible, of prince and people. " There fhould he mie rule of Juftice for rich and poor; for the favourite at court y and the countryman at the plough. "\ Thirdly, The fupreme power cannot juftly take from any man, any part of his property without his confent, in per- fbii or by his reprefentative. Thefe are fome of the firft principles of natural law and juflice, and the great barriers of all free ftates, and of the !Pritifh conftitution in particular. It is utterly irreconcilcable • Locke on Government Salu* Popuh suprcraa Lex esto. t Locke. to 12" to ihefe principles, and to many other fiindanicnlal maxim* of the common law, common fcnfc, and rcafon, that a Bri- tifti Houfe of Commons Ihould have a right, at plcafure, to give and grant the property of the colonills. That thcle oolonifts are well entitled to all the efllcntlal rights, liberties, and privileges of men and freemen, born in Britain, is ma- nifeft, not only from the colony-char w rs in general, but fromafts of the Briti(h parliament. The llatute of the 13th of Geo. II. c. 7. naturalizes even foreigners after feven years rcfiJence. The words f the MaflTachufctts-Charter are thefe ; " And further our will and plcafure is, and wc do hereby for us, our heirs, and fucceflbrs, grant, eftablifli, and ordain, that all and every of the fubjc£ts of us, our heirs^ and fucceflbrs, which (liall go to, and inhabit within, our faid province or territory, and every of their children which (liall happen to be born there, or on the feas in go- ing thither, or returning from thence, fhall have and enjoy {(11 liberties and immunities of free and natural fubje<5ls within any of the dominions of us, our heirs, and fucccf- fors, to all intents, conftru6lious, and purpofcs whatfoever, as if they, and every of them, were born within this our realm of England." Now what liberty can there be, where properly is taken-away without confent ? Can it b.i faid with any colour of truth and jufiice, that this continent of three thoufand miles in length, and of a breadth as yet unex- plored, in which however, it is fuppof?d, there arc five mil- lions of people, has the leaft voice, vote, or influence in the decifions of the Lriiifh parliament ? Have they, all toge- ther, any more right or power to return a (ingle member to that Houfe of Commons, who have (not inadvertently, but deliberately) afllimed a power to difpofe of their lives*, liberties and properties, than to choofe an Ilmperor of China? •See the Act of the last Session relating fo the King's docK-vards. Had m 158 Had the eolgnifts a right to return members to the Britifh Parliament, it would only he hurtful ; as from their local fituation and circum(lanccs, it is impofllible they fhould be ever truly and properly rcprefenttd there. The inhabitants of this country, in ull probability, in a few years, will be more numerous than thofe of Great Britain and Ireland together: Yet it is abfurdly expected, by the promoters of the prefent meafures, that thefe, with their pofterily to all generations, Ihould be eafy, while their property fliall be difpofed-of by a lioufe of Commons at three thoufand miles di(lance frora them ; and who cannot be fuppofed to have the lead care or concern for their real interelt : who have not only no natural care for their intereft, but muft be in effe6l bribed againft it ; as every burden they lay oi\ the Colonifts is fo much faved or eained to themfdvcs. Hi- therto many of the colonics have been free from quit-rcnt-s j but, if the breath of a Britifh Houfe of Commons can ori- ginate an a6l for taking-away all our money, our lands will go next, or be fubjeA to rack-rents from haughty and rc^ lenilefs landlords, who will ride ateafe, while we are trodden in the dirt. The Colonifts have been branded with the odi- ous names of traitors and rebels only for complaining of their grievances : How long fuch treatment will, or ought to be born, is fubmitted. A JJJl of Infringements and Violations of Rights. We cannot help thinking, that an (numeration of fome of the moft open infringements of our rights, will by every candid perfon be judged fufficient to juftify whatever mea- fures have been already taken, or may be thought proper to be taken, in order to obtain a redrefs of the grievances un-. der which we labour. Among many others, we humbly con- 139 c^ortcelvc, that the following will not fail lo excite the atten- tion of all who confidcr thcmfelvcs interelkd in the happi- nefs and freedom of mankind in general, and of this conti« nent and province in particular. ift. The Britifli Parliament have afTumed the powers of legiflation for the culonifts in all caies whatfocvcr, without obtaining ilie conlent of the inhai)itants, which is ever cf- fentially neccifury to the rightful edabliAnnent of fuch a lu- gi native. adly. They have exerted that aflTumcd power, in raifing a revenue in the colonies without their confent j thereby de- priving them of that right which every man has to keep his own earnings in his own hands until he fliall, in perfon, or by his reprcfentativc, think fit to part with the whole or any portion of it. This infringement is the more extraordinary^ when we confider the laudable care which the Britifh Houfe of Commons have taken, to rcferve entirely and abfolutelv to Ihemfelves the powers of giving and granting money. They not only infill on originating every money-bill in their houfe, but will not even allow the Houfe of Lords to make an amendment in thefe bills ; fo tenacious are they of this privilege, fo jealous of any infringement of the fole and abfolute right the people have to difpofe of their own money j and what renders this infringement the more griev- ous is, that what of our earnings flill remains in our hands, is in a great meafure deprived of its value, fo long as the Britifli Parliament continue to claim and cxeicife this power of taxing us; for we cannot juflly call that our property, which others may, when they pleafc, take-away from us againfl our will. In this rcfpcft we arc treated with lefs decency and regard than the Romans fliowed even to the provinces which they bad conquered. They only determined upon the fum which each I U, |:« I ]40 rarh (hould furiiifli, and left every province to nilc il iii the manner ninft ealy and convenient to tlieajfclves, 3dly. A nunihcT oi new oftieers, unknowi* in ilic charter of this provijice, have been appointed to Inperintcnd thi& revenue j whereas by our charter, the Great and General Court, or Afl'embly, of iljis province, has the fole right of appointing all civil officers, excepting only l"ii(;h oflieerf, the elediun and conllitution of whom 'S, in laid charters, cxprcfsly excepted j among whom thee ollieei's are nut included. 4th!y. Thcfe officers are by their commiffions inveftcd with powers altogether unconUitutional, and entirely de- (lru6live to that fecurity which we have a right to enjoy; and to the la(l degree dangerous, not only to our property, but to our lives: for the conuniffioncrs of his Majelty's cnftoms in America, or any three of them, are by their commiflion empowered, *' by writing under their hands and feals, to conftitute and appoint inferiour officers in all and lingular the ports within the limits of their commif- fions." Each of fhefe petty officers fo made; is intruded with power more abfolute and arbitrary than ought to he lodged in the hands of any man, or body of men, whatfoevcr; for in the commiffion aforementioned, his Majefty gives and grants unto his faid connuiflioncrs, or any three of them, and to all and every the collectors, deputy-colleftors, minifters, fervants, and all other officers ferving and attend- ing in all and every the ports and other places within the limits of their commiffion, fidi power and authority, from time to time, at their, or any of their, wills and pleafures, as well by night as by day, to enter and go on board any Ihip, boat, or other veflcl, riding, lying, or being within, or coming into, any port, harbour, cre«k, or haven, within the limits of their coiimiiffion3 and alfo in ihc day-time to go into 141 Into any houfc, flirtp, cclbr, or any olljer place, wherft any goods, wares, or mcrch;uuli/AS lit* concealed, or arc fujpctltd to lie concealed, whereof ihc ciilionis and other (liiiici!*, hiwc not been, or (liall not be, duly paid and truly faiislied, anlwered, or paid unto the colUx4ors, dcpnty-col- IctMors, niiniltcrs, icrv.ints, and other ofiicers rd'pe^lively, »)r otherwile agreed tor; and the laid honle, (hop, ware- houie, cellar, and other place, to learch atulfnrvcy,and all and every the boxes, trunks, cholN and pack.s then and there i'ounil to break-open." "^I'hns our houfc?, and even our bed-chambers, are cxpofcd to be ranlackcd, our boxes, trunks, ami eheils brukc-opcn, ravaged, and plundered, by wretciics, whom no prudent man would venture to employ even as menial fervants, whenever they are plealcd to fay they /////»<:»;^7 there are^iu the houfe, wares, See. f(rr which the duties have not been paid. Flagrant inlhuiees of the wanton exercife of this power have frcfjucnlly happened in this and other foa-port towns. By this we are cut-ofTIVom that domeUick fecurity uiiich renders the lives of the mod unhappy in fome nieafure agreeable. Thefe otKecrs may, under colour of law, and the cloak of a general warrant, break through thtf facred rights of the domicil, ranfaek men's honfes, deftroy 4heir fccuritits, carry-ofF their property, and, with little danger to iherafelves, commit the moll iiorrid murders. And we complain of it as a further grievance, that not- withftanding by the charter of this province, the Governour and the Great and General Court, or Airemhly of this pro- vince or territory, for the time being, fliall have full power and authority, from time to time, to make, ordain, and eftablifli all manner of wholefome and eafonable laws, orders, fiatutes, and ordinar.ces, directions and inftruftions, and that, if the lame (hall not within the term of throt years H; Bf^S i«'i'>^P ulb)i ;iii years after prclciiiing the fairc to his Majefty in privy* council, be difalloweJ, they (Imll be and continue in full f'urcc and rlVcct, until the fume fliali be repealed by the Great and General Aflembly of this province : yet the parlia- ment of Great- Britain have rendered, or attempted to render, null and void, a law of this province, made and pafled in the rcijrn of his late Majtfty George the Firft, enti- tled, ** An a<^ Hating the fees of the cuftom-houfe officers within this province j" and, by mere dint of power, in violation of the charter aforefaid, e(\ablinied other and exorbitant fees, for the fame officers; any law of the province to the contrary notwithftanding. 5thly. Fleets and armies have been introduced to fupport thefe unconftitutional officers in colIe6.ling and managing thi^ unconftitutional revenue j and troops have been quar- tered in this metropolis for that purpofe. Introducing and quartering ftanding armies in a free country in times of peace, without the confent of the people either by them- i'ehes or by their reprefentatives, is, and always has been deemed, a violation of their rights as freemen j and of the charter, or compaft made between the king of Great Britain and the people of this province, whereby all the rights of Britifti fubjc£ls are confirmed to us. 6thly. The revenue arifing from this tax, unconftitutionally Idid, and committed to the management of perfons arbi- trarily appointed and fupported by an armed force quarter- ed in a free city, has been in part applied to the moft dcftruAive purpofes. It is abfolutely neceflary in a mixt government, like that of this province, that a due propor- tion, or balance of power, (hould be tftabliflied among the feveral branohet of the legiflative. Our anceftors received from King William and Queen Mary a charter, by which it was underftood by both parties in the contract, that fuch a pro- 143 ft proportion, or balance, wat fixed j and therefore evtry thing which renders any one branch of the Kgiflative more independent of the other two than it was originally defign- ed, is an alteration of the conftitution as fettled by the char- ter ; and, as it has been, until the enabli(hnicnt of this revenue, the condant praftice of the general alVcmbly to provide for the fupport of government, fo it is un eil'ential part of our conilitution, as it is a necefl'ary met;ns of pre- fcrving an equUibriumt without whi'^h v.c cannot continue a free (late. In particular it has always been held, that the dependance of the Governour of this province upon the Ge. cral Aflenibly for his fupport, was necefl'ary for the prciv, vaiion of this equilibrium; neverthelefs his Majefty has been p'cafed lo apply fifteen hundred pounds (lerling annualjv, out c*" the American revenue, for the fupport of the Governour ot this province independent of the aflembly ; whereby the anci- ent connexion between him and his people is wet •,»«<' i-d, the confidence in the Governour leflened, the equi ibriuni dcftroyed, and the conilitution eflentially altered. And we look upon it as highly probable, from the beft intelligence we have been able to obtain, that not only our Governovir and Liculenant-govcrnour, but the Judges of the luperiour court of judicature, as alfo the King's Attorney and Solicitor-general, are to receive their fupport from this grievous tribute. This will, if accompliihcd, compleat our llavery : for, if taxes arc to be raifcd fro: ' xn by the parlia- ment of Great Britain without our couivut, and the men on whofe opinions and decifions our properties, liberties, and lives, in a great meafure deper.;', receive their fupport from the revenue arifing frcu ihefe taxes, we cannot, when we think on the depravity of mankind, avoid looking with horror on the danger to which we are expofed ! The Britifb parliament have (hown their wifdom in making the judges I 'A 'ir4 14* jiidgec UiLie a-, iiulc pendent as poflible both onlheprinci And pvopic, both for place and fiipport; but our judges hold their coniminions only during pleafurej the granting them falarif s out of this revenue is rendering them depen- dant on the crown for their fupport. The King, upon his firft acceflion to the throne, for giving the laft hand to the independency of the judges in England, not only upon hinilclf but hisfucceirors, by recommending and confenting to an act of parliament, by which the judges are continued in office, noiwithflancling the denjife of the King, (which vacates all other commifTions,) was applauded by the whole nation. How alarming therefore nmil it be to the inhabit- ants of this province, to find fo wide a difference made between the fubjefts in Britain and in ^\merica, as the rendering the judge? here altogether dependant on the Crown for their fupport, 7thly. \Vc find ourfelvcs greatly opprcfleil by in{lru£lIons fejit to our Govcrnour from ll»e court of Great Britain; where- by the firll branch of our Icgiflalure is made merely a miniUcria! engine. And the province has already fell fucii cfl'eds from thefe inilru<5lions n?, we think, juftly entitle us to fay, that they threaten an entire dcftru6lion of our liberties ; and muft foon, if not checked, render every branch of our government a ufelefs burthen upon the people. We fliall point-out fomc of the alarming effedts of thc'fe inflru(5lions which have already taken place. In confequence of inflriiftions, the Govcrnour has called and adjourned our General Aflen»blies to a place highly inconvenient to the nieinbcrs?, and greatly difadvantageous to the intcrert of the province, even againft his own declared intention. In confequence of inftruiSlions, the Aflembly has been prorogued from lime to time, when the important concerns of the province required their meeting. m 146 ; In In obedience to Inftrufilons the General Aflcnibly was, Anno 1768, (liflblvcd by Governovir Bcrnaril, becaiife they would not onfent to rejcind the rclokition of a Jornur houfcj and thereby facrlficc the rights of their conftitu- ent$. By an In(lrii6lion, the honourable his Majcfty's Council are forbid to meet and tranfaft matters of publick concern, as a Council of advice to the Governour, unlefs called by the Govcrnour \ and if they (huuld, from a zealous regard to the intereft of the province, fo meet at any lime, the Governour is ordered to ncjTalive them at the next election of CounccMors. And, although, by the charter of this province, the Great and General Court have, full power and authority to impofc taxes upon the edates and perfons of all and every the ])roprietors and inhabitants of thia province, yet the Governour has been forbidden to give his confent to an a6l impofing a tax for the neceflary fupport of Government, unkTs fuch perfons, as were poinled'Out iu the faid Iu(lru£kion, were exempted from paying their jull proportion of the faid tax. His Excellency has alfo pleaded fndructions for giving- up the provincial fortrefs, Cafile-William, into the hands of troops, over whom he had declared he had no controul ; (and that at a time when they were menacing the (laugh- ter of the inhabitants of the town, and our ftreets were ftained with blood which they had barbaroufly (lied.) Thus our Governour, appointed and paid from Great- Britain with money forced from us, is made an inftrument of totally preventing, or at lead of rendering futile, every attempt of the other two branches of our Legiflative in favour of the diftrefled and wronged people : and, left the complaints, naturally occafloned by fuch oppreiTion, fliould excite companion in the royal bread, and induce his Ma- jefty ferioufly to fet 'about relieving us from the cruel L bondage 'mi > M J* list] M 1;)-^ 146 ■Ur]lt bondage and infults which we, his loyal fubjeAf, have (o long fufTered, the Govcrnour is forbidden to confent to the payment of an Agent to reprefent our grievances at the Court of Great-Britain, unlefs he, the Governour, confent to his election ; and we very well know what ibe man mujl be to whofe appointment a Grovernour^ in fuch circumftances, will confent. While we are mentioning the Infringements of the rights of this colony in particular by means of Inftruftions, we cannor help calling to remembrance the late unexampled fufpenfion of the legiflative of a lifter colony, New-Yorb, by force of an Inftru^ion, until they (hould comply with an arbitrary id: of the Britifb parliament, fur quartering troops, defigned, by military execution, to enforce the railing of a tribute. 8thly. The extending the power of the Courts of Vice- Admiralty to fo enormous a degree, as deprives the people in the colonies, in a great meafure, of their ineftimable rights to trials by Juries; which has ever been juftly confidered as the grand bulwark and fecurity of Efiglifh property. This alone is fufficient to roufe our jealoufy ; and we are again obliged to take notice of the remarkable contraft, which the Britiih parliament have been pleafed to exhibit between the fubjc6ls in Great-Britain and the colonies. In the fame ftatute, by which they give-up to the decilion of one dependant interefted Judge of Admiralty the eftates and properties of the colonifts, they exprefsly guard the eftates an^' properties of the people of Great-Britain : for all forfeitures and penalties inflicted by the ftatute of the fourth of George the third, or any other a^ of parliamvnt relative to' the trade of the colonies, may be fucd-for in any Court of Admiralty in the colonies ; but all penalties and forfeitures which (hall be incurred in Great-^Britain, may be pai M oil 147 be fucd-for in any of his Majcdy's Courts of Record in Wedminftefy or in the Court of Exchequer in Scotland, refpeftively. 7'htr* our birth-rights are taken from us ; and that loo wiih every mark of indignity, infult and contempt. We may be harafled and dragged from one part of the Continent totheother, (which fome of our brethren here and in the country-towns already have been) and finally be deprived of our whole property, by the arbitrary determination of one biaiTed, capricious. Judge of the Admiralty. g\h\y. The retraining us from ere£ling flitting-mills for manufa6luring our iron, the natural produce of this country, is an infringement of that right with which God and nature have invefted us, to make ufe of our (kill and induftry in procuring the neceflaries and conveniencies of life. And we look upon the reftraint, laid upon the manu- facture and tr^nfportation of hats, to be altogether unrea- fnnable and grievous. Although, by the charter, all havens, rivers, ports, waters, &c. are exprefsly granted the inhabi- tants of the province and their fucceflfors, to their only proper ufe and behoof for ever, yet the firitiih parliament pafTed an act, whereby they reftrain us from carrying out wool, the produce of our own farms, even over a ferry ; whereby the inhabitants have often been put to the expcnce of carrying a bag of wool near an hundred miles by land, when parting over a river or water of one quarter of a mile, of'which the province are the abfolute proprietors, would have prevented all that trouble. lothly. The a£l pafled in the lad feffion of the BritiHi parliament, intituled, an a3 for the better preferving bis Majejiifs Dock-Yards^ Magazines^ Shlps^ Ammunition, and Stores f is, as we apprehend, a violent infringement of our rights. By this a6l, any one of us may be taken from h'{i family, and carried to aivy part of Great-Britain, thcr% L t to ff= i I'M -^l 148 ir v ii f w to he tried» whenever it fliall he pretended that he has heciv concerned in hurning or otherwife deftroying any hoat or vclTel, or any materials for building, Sec. any naval or vi}. ml I i that the general court might convene at ihc time to which thty then flood prorogued ; to which the town received the reply as in No. 4. § in which we are acquainted with hi:i in- tentions further to prorogue the General Affembly, which has /ince taken place. Thus, gentlemen, it is evident his Excel- lency declines giving; the Icill latisfa^tioti as to the matter in reqneft. The affair being of pul)liu concernment, the town of Bn/toii thought it necedary to confult with their brethren throughout the province ; and for this purpofe ap- pointed a connnittee, to comnumicate with our fellovv*fuf< ierers, rclped'ng this recent inilance of oppreflion, as well as the many other violations of our rights under which we liavc groaned for fevcral years pall — This eonuniltee have briefly recapitulated the fenfe we have of our invaluable rights as nan, as chriHians, and as fubje^ls ; and wherein we conceive thole rights to have been violated, which we arc defirous may be laid before your town, that the fubjedl may be wei^,'hed as its imporlanee requires, and the col- Ictilcd wiluou) of ilie whole people, as far as pofllble, be obtained, on a deliberation of inch great and lading mo- ment as to involve in it the fat.; of all our pollerity. — Great pains has been taken toperfuade the Britifli Adminiilratiou to think, that the good people of this province in general are quiet and undillurbed at the late nieafures ; and that any uneafinefs that appears, arifes only from a few fadious, clefigning, and difaflctSled, men. This renders it the more neceflary, that the fenfe of the people (hould be explicitly declared.— A free communication of your fentimcnts to tiiis town, of our commi)n danger, is carneftly follieited and will be gratefully received. If you concur with us in opinion, that our rights are properly ftatcd, and that the feveral a6lsof Parliament, and Meafures of Adminillration, s« * Sec Appcniiiri, No. 4. pointefl IbS pointed out by ua, are fubvcrfive of ihefe rights, you will iloubtlefs think it of the lUnioll importance that we Hand (inn as one man, to recover and fupport them; and to take fuch meafures, by direding our reprefentatives, or otherwife, ns your wifdom and fortitude (hall di£tate, to refcue from impending ruin our happy and glorious Conflitution. But if it fliould be the general voice of this province that the rights, as we have ftated them, do not belong to us ; or, that the fevcral meafures of admiuidration in the Britifli Court, are no violations of thefe rights : or, that, if they arc thus violated or infringed, they are not worth contending- tbr, or refolutely niainiaining ; ■ fliould this be the general voice of the province, we mull be refigned to our wretched fate; but fliall forever lament the cxtindion of that generous ardour for civil and religious liberty, which, in the face of every danger, and even death itfelf, induced our fiithers to forlake the bofom of their Native Country, and bejiln a fettlement on bare creation.— But we truft this cannot be the cafe : We are Aire your wifdom, your regard to yourfclvcs and the rifing generation, cannot fuffer you to doze, or fit fupinely indifferent, on the brink of dcftruc- tion, while the iron hand of opprefllon is daily tearing the choiceft fruit from the fair tree of libcrly, planted by our worthy predceeffbrs, at the cxpcnce of their trcafure, and abundantly watered with their blood. — It is an obfervation of an eminent patriot, that a people long inured to hard- fliips, lofc by degrees tlie very notions of liberty; they look upon thcmfelvcs, as creatures at vicrcy, and that all impo- fitions, lald-on by fuperior hands, are legal and obliga- tory. — But, thank Heaven, this is not yet verified m Atnc- nca ! We have yet fome fliarc of public virtue remaining : We are not afraid of poverty, but difdain flavery. — The fate of nations is fo precarious, and revolutions in ftalcs fo of- ten take place at an unexpedcd moment, when the hand t)f i f i i ,t iv 4 I 154 of power, by fraud or flatter^', has fecured every avenue of retreat, and the minds of the fubjcA debafed to its purpofe^ that it becomes every welUwi(her to And passed in the aifirmativp, fiem. Con. A true Copt/t Attest. WILLIAM COOPER, Town-aeri. Upon a motion made, Fbinl, thai the foregoing proceed- ings be attefted hy the Town-Clerk, and printed in a pamphlet ; and that the committee be defired to difpofe of Sh Hundred Copies thereof to theScled-menof the towns in / 155 in the province^ and fuch other gentlemen as tliey (liall think fit. Fottd, th:'t the Town-Clerk be directed to fign the forego* ing Letter, and forward as many of the fame to the Select- men of each town in this province, as the committee (hall judge proper, and direct. A true Copy, Attejt. William Cooprr, Town-Cleri, ! f APPENDIX. 156 ,£■ If APPKNDIX: (No. I.) TlicMnssAcrof the Town of Boston to the dovERNOtJll* May it plcafc your Excel Icm-y, I HE frceholtIcr3 and other inhabitants of the town of Bollon, legally afllnibled in Fancuil-IlAll, beg leave to ac- quaint your Excellency, that a report has prevailed, which they have reafon to apprehend is well-grounded, that fti- pcnds arc affixed to the oflices of the Judges of the fuperior Court of Ji^licature, &c. of this province, whereby they arc become independent of the grants of the General Allembly for their fupport ; contrary to ancient and invariable ufage* This report has fpread an alarm among all confiderate per- fons w ho have heard of it in town and country j being viewed, as tending rapidly to complete the fyrtcm of their flavery; which originated in the Houfe of Commons of Great-Britain, afluming a power and authority, to give and grant the monies of the colonifls without their confcnl, and againft their repeated rem ; 158 k :■ '. !• Hi. Such a jealoufy have the fubjcAs of England for their rightn, liberties and privileges, and fo tender a regard has been fliown to them by his Majcliy, that notwithilandini^ the nrovidon made at the revolution, that the judges of the King's fuperior courts of law there, fhould hold their com- miflioiis, not at pleafure, hut 'during good behaviour, and fincc that time ff)r ihcir fupport, his Majelly among other the firft afls of his reign, was gracioully plcafed to recom- mend it to Parliament, and an aft pa/Ted, tli.it their coni- inifllions fliould notceafe at the demife of the King; where- by every thing poflihie in human wifdom fpenis to have been done, to edablifli an impartiality in their dccifion*:, not only between fubjc(5l and fubje6l, but between tlic rrown and the fubjc«Sk. Of how much greater import- ance muft it be to prefervc from the leaft fuppofcable bias?, the Judges of a Court invefted by the laws of this province , (which have been approvcd-of by Majefly,) with powers as full and ample to all intents and purpofes whalfoever, as the courts of King's BeneJi, Common Picas and Exchequer, %vithin his Majelly's kingdom of England, have, or ought to have ? Your Excellency will allow your petitioners, with due fubmitfion, to repeat, that this Edabliflmient appears to them pregnant with fuch fatal evils, as that the mod didant thought of its taking cftud, fills their minds with Pread and ■ Horror. Thcfc, Sir, are the fentiments and apprehendons of this n)etk':)polis.' exprefl'ed, however, ^^'n\\ due deference to the fentiments of the province, with which your Petitioners arc anxioufly folicitous of being made acquainted. It is therefore their earned and humble requed, that your Excellency would be pleafcd to allov/ the General Aflemhiy to meet at the time to which it now dands prorogued ; in order tiiat ill that ConftUtitional body, with whom it is to inquire Ji59 inquire into Grievances and redrels them^ the joint wifdoni of the province may be employed, in deliberating and de- termining on a matter fo important and alarming. (No. IV.) . . ,: The GovERNO jr's Answer to the foregoing Petition, Gentlemen, • ' ^ ' The royal charter referves to the Governour full power and authority, iron* tane to time, as he (hall judge necef- fary,to adjourn, prorogue, and difTulve the General AfTem- bly. In the exercife of this power, both as to time aad place» I have always been governed by a regard to his Majefly't fervice and to the interefi. of the province. It did not appear to me neceflary for thofe purpofes tha». the Affembly (hould meet at the time to which it now ftands prorogued j and, before I was informed of your addref^, I had determined to prorogue it for a further time. 1 he reafons which you have advanced have not altered my opinion. If, notwithdanding, in compliance with your petition, I (hould alter my determination and meet the Aifemblv, con- trary to my own judgement, at fuch time as you judge ne- ceflary, I (hould, in efle£i, yield to yoii the exercife of that part of the prerogative, and fhould he unable to juftify my conduct (o the King. There would, moreover, be danger of encouraging the inhabitants of the other towns in the province to aifemble, from time to time, in order to conlider of the neceflity or expediency of a fcflion of the General Affembly, or to de- bate and tranfadt other matters which the law that autho. rize* • '1 » .1 ■!.. m : ■ I r « (I' r mi t i l-i ■;■» u- ■■1 ■i-^ III "? ' f ipi I 1^0 nze$ towns to aflen^blc does not make tlic !)i;fini:fs of a towrt- mcctini:. T. HUTCHINSON. : Province-IToufc, Nov. 2. l/J-- To tlie iuhabitanis of the town of Dodou in Town- Meeting iillcmblctl at l<\incuil-Hall. Tliis icj>ly having been read fcvcral times and dnly confi- /lored ; ii w;h moved, and the r hi-j reprefentaiivo for the redrefs of fuch grievances as they fee.!, or for prevent- ing of fiich as they have reafon to apprehend ; and to com- municate tlieir fcntimcnts to other Towns. William Coopi:r, Toim-Clt-rk* •T have hero reprinted tills Acmiint fjfllu-P orf((Iiiii,';s(.|'ilit''IV)\vi;. M«o;iii;;(il" IJostoii, Ijctaiise it ap|Kiiis to ii;c to C(,iit;iin the fiillrvi and mo-t able stntcineiit oftiie ii;iiesuiiccs unci the ciuims ofihn \\-\ (ish C'oloiiios ill North-Aiiieric;!, hcfore tlic imli:i| py \\\\ \\IiI< li (ril- ed ill the sepuratioi) of them tmin the Motiier-t^ninliv, thai I have ever seen. As to the armmieuti that weie used fir and ji'^ainht ihose I'iaiins in the years initnecliately picreetlini;- that war, l)v thr \vii:ns on h(•th^!(Ks ol'the ipiestioii, the leauernmy se<' tlieiii fnllv ;infl fail I v Mlauvl and rxaniined in the Canadian (He Inddei. ^iid a tme hi>tory of the passin lani|) ait in ?'ar(h, i;(i., ihjiin:' the ini;'i-try of Mr. (ie(l!^e (iienvilie, an«l of the lepeal (d it in the fidlowin.* spiini> of i7'>'. m the inin'-.try «d llie Marcjiii, id' Itotkiiii'liain, Mr. Dowdeswell, and (iei.eial t'onwav, with a full and clear exhihilion (d' the strong iea>ons of pimhnre and t<(Mitv ii|.(Jii which llial lepeal was grounded, may he sec ii in tliepiinted .>.<\\\ <.f an e.xcellnit speech of the late Mi. iulmiiiid Huike, delivered in llif llouscof C'oniinohsoii the lyih of April, 177 t, which ha< m en laieiy repuhlished with hu other work*, it is a ma-itrJi-inetc of truth and elocjuence. |'. ^{ Jl^iit r f 161 AN ACCOUNT OF TUB NOBLESFE, OR GENTRY, IN CANADA, IN THE YEAR 1775. THERE are only twenty-two names of noble families iu all Canada ; therefore, if we allnw five perfons lo a name, there arc about one hundred noble perfons in Canada^ men^ uomen, and children. This NobUjJe has nothing to do with the landed property of the country in confequcuce of their nobility. Some of them, indeed, have feigniories ; but others of them are ex- ceeding poor, not having too/, fterling, fome not 30/. a» year, to maintain themfelves and tneir families, cither in la>ul or other property. Tliofe of them who are tolerably rich, live in the towns of Qucbeck and Montreal all the year, except, perhaps, a month, or Icfs, when they vifit their feigniories to collt6l their rents and dues. They were ufed to pay court lo the Governour and Intendant, and other officers of the Crown, in the time of the French Government, and never to try to make an intercfi. with the people. And, accordingly, they have very little intereft with the people, by whom ihcy are rather hated, (and formerly were feared J than loved or re- fpeftcd. The nobles hit, erto fpoken-of are i\\\i hereditary nobility. There "rre in old i''rance, in the year 1740, no lefs than fifty thoufand of thofe noble families, according to the account given of them by that moft faithful of all French writers of hiflory, the Alb^Je Saint Pierre, in h\s Political ^nnah. It is cafy to fee that many of thefe noble perfons mud be totally # without ■t-\ '"-X- Wi ■ II •■■'•>'* If t ». 1) M ■'■ l^i iimiii III, t If ^ # ;' :• 161^ without property. This nobility defcends to all the male pollerity of the perfons ennobled, from generation to genera- tion, ad infinitumf to younger fons of youngerfons of younger fons. This caufes the number of thefe noble perfons to be fo enormouily great. Perfons become noble in this complete, or hereditary, manner, either by letters patent of the King of France creating them fo, though without a title, (for a title is not neccffary to make a man noble,) or by exercifing certain honourable offices in the ftate. For example^ the family of every member of a parliament in France, or of any other soveieign court ofjailicc, (that is, co'Tt of juftice to which appttaiai lie Irom inferiour courts, hikI from which no appeals ]ie to my higher court, except to the King himfelf in his council of ftate,) who dies m his office, or who holds it for tweniv years, and then reflgns it, is thereby ennobled. So is ilif faiTiiJy of every General Officer of the army who dies in his ciuj loymcnt, or holds it for a certain number of vearA. So is the family of a Captain in the army who has ftrvfd ten years in it, and whofe father and grand-father have alio Arved, each of ihtm, ten years in it in the fame rank. Beiides this hereditary nobility, there are many nobles for life A Captain in the army who has ferved in that comniiflion, (or. I believe, iuthat commiffion together witti the inferiour couimiffions of l^nfign and Lieutenant,) for the fpace of twenty years, is thereby ennobled for his life, though his father vi-as not an officer, nor noble in any degree. Of this latter fort of nobles there are feveral in Canada. General Carlrto , in a letter to Lord Shelburne in the year 1767, reckons-up about one hundred and twenty perfons, who had commands either in the French am y or the militia of Canada, or civil employments, or grants from the French |un|; of cxdufive rights to uade with the Indians in particular trading :^ i f 1G3 trading- posts, or fomc other advantages under the French government, which tbcy had loft by the change of govern- ment. But this lofs did not follow frora their being Roman- catholicks; for, if ihey had been proteftants, they mull have ]oft thefe advantages equally, as mod of the places they held have no exiftence under the EngUfh government, and the few places, or offices, that continue under the new govemmenr, are fuch as they are not perfonally qualified to dtfcharge, though they (hould be proteftan ts, fuch as the offices of judges, collector and comptroller of the cuftoms, receiver- general of the revenue, &c. Thefe people, therefore, cannot be gratified by only tak- ing-away the difabilitics ariiing from their being Roman- ratholicks, nor without creating new places, or employ- ments, civil and military, to bellow upon them ; which would be not only unreafonably expenfive to Great -Britain, but alfo dangerous; and all their complaints againd the Engliih laws, on account of the difabilitics they impofe on Boman-catholicks, are at the bottom only begging letters. Among thefe one hundred and twenty difcontented pcrfuns^ there are fome who are of noble families, fo as to tranfmit the nobility totheir children; but the greater partof them are only noble for life by their employments, and fome of them not noble at all, either becaufe they have not held their empk)y- ments long enough to make them fo, or becaufe their em- ployments were not of fuch ^ nature as to confer nobility, of any kind, on the perfons who held ihcm. Vei thefe one hundred and twenty perfons are the principal perfons who hare complained of the Englifti laws, and been th« caufe of the late ad of parliameni*. The reit of the one • This act was passed on the lOtli of June, 1774, and is entitled ** An Act for making more eff'ttctttal Provision j'ltv i/ic Oovermttent of thf Province oJ'Hucbec in NortU America." M Z hundred If "Hi ■ J- f .♦> '5 i\ h . 4/il ».: k'-ki?,- Til •(*' s « Jill 164 t\ V^.*;> M til ^,1 :< '^i '? ' •:•: m h' f^ I !, .(.ill i'»^ I: '.1 1 t hundred and twenty thoufand, or, according to General Carleton's eflimation of them, one hundred and fifty thou< fand, inhabitants of Canada, were very well pleafcd with the change of government, and have often acknowledged that they were happier under the Engiifli government than they had ever been before. In France it is a privilege of the nobility to be exempted from paying a certain land-tax, which is called the tailU fersonnellc : but there was no fuch tax in Canada under the French government. It is another privilege of the nobles, thai they alone can enjoy the rights of Judicature, {les droits debaute^ moyeune, et bajfe jujUceJ which may have been annexed, by the French king's grants, to any fcigiiiories, or large trails of land, held of the crown by the tenure of doing fealty and homage, {foi et bommage^) of which they mav happen to be poffefTed. If a man that was not noble purchafed one of thefc feigniories, he might enjoy all the pecuniary rights be- longing to it, fuch as the mill-tolls due from the freehold te*- nants, and the fines for alienation \ but he could not, without the French king's licence, excrcile the rights of j;idicature belonging to it. However, this was a matter of fmall confe- quence with refpe^ to Canada, becaufe, in that country, fcarce any of the owners of feigniories exercifed thefe rights of judicature in the time of the French government, though they were ufually mentioned in the grants of their feigniories. But the expcnfe attending the exercifeof thcfe rights of judica* ture, (fuch as keeping a prifon, with a Reward, or judge of the court, a feigniorial, or fifcal, attorney, and a regiiler of the court,) M'as too great for them. And further, their right of holding thefe coins vi?s fo checked and controuled by the king of France's cdifts, and the provincial regulations upon that fubje6t^ that it .vould have been but a fort of ornamen- tal h , M'l lal rigiit, or feather in the cap, of thofe who fliould have held them, rather than a real and fubdantial degree of power in them. I believe there was not one (ingle lay feignior in all Canada before the late conqucft, that exorcifcd thefe rights of judicature ; but certainly, if there were any, they were exceeding few : and none of them have been excrcifed fince the conqueft. The French owners of feigliiories fottietimcs talk of the hardfhip of not beiiiig permitted to excrcife their feigniorial jurifdiftions under the Englifli government. There may, perhaps, be fome little injuftice in it, becaufe it is a fort ot appendage to their landed property, which has been granted to them without rcferve by the capitulation and the treaty of peace ^ yet this is doubtful. But it is certain there is no bard/hip in it at all ; for, if they could excrcife thcm^ they would not do fo, for the reafotis above-mentioned. Theic view in making thefe complaints is to induce the Govern- ment to buy thefe jurifdi6lion3 up, as they have heard the parliament did in the year I747, with refpeft to the Scotch heritable jurifdiflions. But thefe complaints come with an ill grace from fuch of the French feigniors as are not noble, (which is the cafe with many of them,) fince they had no right to excrcife thefe jurifdi£lion8 under the French government. Many of the nobles have no feigniories at all, nor any other landed property. There arc fcarce any people in Ca- .iada that have patrimonial fortunes to any confiderable amount. Thcfew rich men amongft iheFrench there have ac- quired their own fortunes in the fer\'ice of the king of France, that i!j,moft probably, by cheating the king and oppreflTmg the people : for the pay of the French militarv officers is but about a third part of thapay of our officer^, and the pay of their judges and other civil officers is low in proportion; ft* ^' M3 that 1 ) ', t ^■: '^. ■ J 166 '^i that it is hardly poffible for them to live upon their lawful ialaricd, much lel» to i'avc fortunes out uf them : and there- fore, whenever pcrfi)i)S in thofc fituations grow rich, one may pretty fafely conclude that they have been great rogues, und have either cheated the king, or oppredl'd the people, to a great degree. Many of the nobles of Canada retired to Old France after the peace j almoll all that could afford it conveniently : and it would have been hapi>y for the province if the reft had followed them. This is not only the opinion of many £ngli(liinca, who are acquainted with the province of Quc- beck, but alio that of the Abbe Raynal, in his account of the European fcttlemcnts in the Eaft and Weft Indius. His words are thefe, in fpeakingof the fuccefs of theBritiih arms in the late war. " U acqu'tjilion d'un terrilnlrt tmmenft " n'ejl pas toulcsfois le plus grand fruit que la Grands *' Brctagve doit rctirer de la profpcrite de fei armes. La po- " ptdation conjidcrukie titiclley a trouvce eft un avantagt *' bien plus important. A la vdritJ qutlqws uns de ces '' nombreux luibifants ont fui une domination nouvelle qui " n'admettoit enire Us homrtus d'autre di/z'^rcnce que celle ** dcs qualitiis perfonmUeSy de V education^ del'aisance, de '* la J'acultt d'etre utile a la faciete, Mais V emigration *' de ces etrei miprijahies dont I' importance n^avoit pour base " que Us coutumes barbarer^ at-elle dd itre regardde comme " une calamity P La colonic n'auroit-elle pas beaucoup " g^S^^ ^ *'''"* d^barraj/ee de touts ces nobles oififs qui la ** Jurcbargeoient depuisji long temps, de ces nobles orgueilUux *< qui J entretenoient U me'pris de touts Us travaux P" There are in Canada, a few knights of the order of St. Lewis. Thefe are officers wh? ferved in the French army iu the late war, and who obtained this knight-hood as a reward tiiher of theic valoui oii fome iignal occafioo, or of their long 167 long fervice, (twenty years' fervice being reckoned fufficicnt to give a man a fort of right to this order,) or perhaps by mere favour. Thefe people arc, for the tpoft part, very poor and very proud. '{ heir honour is not hereditary : and there are not many of them in the provipce ; I believe^ not more than a dozen. M4 ii^ ■'I] .'I I afei:. ■i iff f f; 108 h li * If c . .', h r ^il' i . V . 7'> ///c lirinier of the Public AnrnRVisEn. SIR, Fel>. Oj, 1790. niilREWn'ri I fend vou atranfluion of a lonn; note in the account lately |v.I)li(liccl by the Count of Lalljr Tolkn- DAHL, a very eminent Member of t!je National AfTcmbly of France, of his conduct in that capacity, and of his reafon* for rcfijfninjr his feat in thai aflTcmblv in OtSlober laft, when the King ot France was forcibly taken from Vcrfaillcs by the democratic parly now prevailing in France, and was carried to Paris. This gentleman wasa ;| This accufation, it behoves me to refute j and I, therefore, appeal to any impartial perfons to be informed, whether, in their opinion, " the dtftroying of houfes, and laying-waile of lands, and the murdering innocent and hclplefs pcrfons in many parts of the kingdom,withor.t the fmalleft provocation j — as, for inUance, the deftru6tion, burning, or plundering of no fewer than thirty-fix genlltmen's feats, (of which I had a lift in my hand at the time 1 iifed the words objeded to me) in only a fingle province of the kingdom," might not juttly ■m f-A f- ,1V T 7 mi ^, .^Jv^ Q St^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 I^IM |25 US u 1 40 IL25 i 1.4 ■ 2.0 nil 1.6 Photographic Sciences Corporation 23 WKT MAIN STRiiT WnSTIR.N.Y. 14510 (716) •72-4503 ) .* ^ no >;.s<(M 11 fli ?- ii. ) r juHrly t)e conHdered as pthlic and dreadful ialamitiu, in- dead of beiqg treated as trifling and excufable irregularities , as Monlieur dc Mirabeau is pleafed to call them. And, as to the other a£ts of violence which Monfieur de Mirabeau choofes to confider ^.'inecejfary or prudential mea- fureSi arifmg from a want of confidence in the intentions of the Court ; thefe, alfo, I prcfume, ought rather to be called by the name that I have given them, of a&s of inhuman, ferocity^ or I know not what can ever deferve to be fo en- titled. Some of thcfe a^s are as follows ; to wit, in the firft place, in the Province of Languedoc, Manjieur de Bar* ras was cut to pieces by the mob in the prefence of his wife, who was big with child, and ready to lie-in, and who died afterwards of the (hock it gave her : — adiy, In the city o£ Mans, Monf. de Montejfon was (hot to death, after having been a fpe6lator of the cutting of his father-in-law's throat — 3dly, In Normandy, a poor, helplefs, old man, who was a cripple with the palfy, was put upon a pile of faggots, which were fet on fire under him, and was afterwards left by his tormentors in that condition, and then removed from it by his friends, after his hands had been burn*-off: — and, 4thlyy in the fame province of Normandy, a nobleman's land- fteward had his feet burnt by the people, in order to force him to deliver-up his mailer's title-deeds ; — and, 5thly, in the fame province, the unhappy Monsieur de Balzuncey (who, had, with a generous and noble confidence, put himself into the hands of the people who came to attack him, in- (lead of endeavouring to efcape from them,) was neverthe- lefs put to death by them with fo much eagernefs and im-* patience, that, in (hooting at him in oppolite dire£lions at the fame time, his murderers killed fome of themfelves :— and, 6thly, in the province of Franche-Comt6, Madame dt Battilly was compelled by threats of inftint death, and with a hatchet heIC over her head, to givc-\ip bcr title-deeds, and even J! ■■:i: 'i 171 even her land: — and, 7lhly, in the fame province, Madame Je Lijlenay was forced to make the fame furrender of her pro- perty, with a halter round her neck, and her two daughters lying near her in a ftate of infenfibility, having fainted- away with terror at ihe fight : — and, 8thly, the very refpeft- able Marquis of Ormenan, an old gentleman, trembling, wiih the palfy, was forced to fly from his counlry-feat in the middle of the night, to avoid being murdered by the inob, and was afterwards purfued by them from town to town, till he got out of the province, and arrived at BaJIe, in Switzerland, almoft dead with fatigue and terror, with, his daughters, who had accompanied him, and reduced to a ftate of dcfpair: — and, 9thly, the Count of Montefu and hia wife, were kept by the mob in a ftate of continual terror, with piftols held to their breafts, for three hours together, (during which time they defired the people, as a favour, to put them to death without delay,) and were at laft dragged out of their carriage in order to be thrown into a pond and drowned, when they were faved by the interpofition of a regiment of foldiers, who happened to come-by at that in- ftant: — and, lothly, the J5aron of Mont Jufiin was takeu by a mob, and kept in a ftate of continual terror under the apprehenfion of inftant death, fur the fpace of an hour and a half, by being held on the top of a well, while they delibe- rated, in his hearing, whether they (hould put him to death by letting him drop into the well, (where he would have beendrowned,) or fhould deftroyhim in fomeothermanner:— • and, iithly. Count hallemand and the Duchefs of Totz-t nerre were treated with great cruelly ; and the Chevalier d' Ambit was taken by force from his country-houfe, and barbarouOy dragged, naked, along the village that belonged to him, and then thrown upon a dunghill, after having had his eye-brows, and the hair of his head, plucked-oul by the roots> while the people who were fpe^tators of thiy cruelty. i' ii! ^rlQ ivi ■M m (Jruelty, amurect themlelves with dancing round him *j bi?-<. fides a number of the like criiel outrages, committed in the provinces of ^Ifuce and Dauphiny^ and the city of Troyes in Champagney and alfo in the neighbourhood of Paris, almoft within fight of the National Aflembly. This is a (hort ac- count of the aftiorls which the Count de Mirabeau has called neceffary precautibns, arifing from a want of confi' dence^ arid which he cenfures me for having unjuftly niif- reprefentcd as ails of inhuman ferocity, I leave the reader to determine which of us has denoted them by the more proper appellation. And, upon this ocdafion, 1 cannot forbeai* afklng thofe gentlemen who talk of the want of covfidence in the inten-* tions of the Court, and the Nobility , as having been the motive that urged the people to commit thefe a£ls of vio- lence, as prudential meafures neceflary to their own fafety ; — I fay, I muft afk thefe gentlemen, who it was that infpired the people with this want of confidence, and thereby be- came the firft authors of the mifchiefs it occafioncd ? Who was it that encouraged the people to rife in a feditious manner, both in the open countries, and great towns of the kingdom ? — Who was it that wrote letters to the people at Vefoul, to inform them that the reprefentatives of the No- bility, who had been fent to the Natio:ial AflTembly, had formed a plot to blow- up with gunpowder the great rooni in which the Aflembly met, at a time when only the repre- fentatives of the Third Eftate, or Commonalty, were aflfem- bled in it ? — Who was it that perfuaded the peafantry of the province of Francbe-Comttf, that the Nobility were the King's enemies ? Who was it that forged thofe pretend- ed orders from the King to authorize and encourage the com^^ mon people to fall upon the Nobility, or Gentry, where- ever they met them, and to deqiohfh and lay-wade their houfes and poireiTions ? Why was that XfloU diabolical lie which 173 which was fpread-about againft Monf, de Mejmay, *< of his having caufed a great number of the common people to be invited into a room in his houfe, that had been under- mined with gunpowder, in order that they Oiould then be all blown-up at once;" and which for a conliderable lime excited againft him, in the minds of all the world, the indignation and horror that fuch an a6lion ought to produce ; I fay, why was this moft abominable calumny, when it wasdifcovered to be but a calumny, fuffered by the National Aflembly to die-away in filence and negleft j inftead of being fiftcd to the bottom, in order to find-out and puniflj the villains who had invented it, againll whom all the indignation, that had before been felt againft Monf. de Mejmay^ ought then to have been directed ? And have I not reafon to complain, that, when I have exprefled, in the National Aflemblv, the indignation and horror with which both the commiflion of fo many horrid crimes, and the impunity that attended themi had filled me, my fentiments ftiould be confidcred, at fome times, as a mark of a weak and effeminate fpirit, and, at others, as an indication of luke-warmness in the caufe of Liberty ? — They little know the temper of my mind who put thefe interpretations on my condudl. No man is more inflamed with zeal for that nobleft of all caufes in which men of fpirit can be engaged, than I am : No man can more admire the heroic couda6l of the Englilh North- Americans, in their la e refiftance to the endeavours of Great-Britain to enflave them, or that of the Dutch, of the century before laft, when they freed themfelves from the ty- ranny of the King of Spain, than I do : No man can more fympathize with both thofe nations in the various events of thofetwonoblc ftruggles forLiberty, nor more fincerely rejoice at the final ' ippy fuccefs of them. But to fee downright robberies juftified by quibbling pretenders to reafon I to fee (he poor peafants excited to go-about and burn honeft men's houfcsj El n-if 'R ff houfGs, by a fet of rogues, that forge pretended orders from their Sovereign for fo doing ! to fee aflafTmations of the Nobility encouraged by declaiming orators, that fet- up for the patrons of Liberty ! and this, when the Nobility made no oppofition to the mcafures which the publick welfare made neceflary ; — when they confented to every propofal ; — when it was not in their power to oppofe any thing ; — when a conliderable part of them had zealoufly embraced the intereftsand dcfigns of the commonalty, and all of them had agreed to give-up their exemption from taxes, and other pecuniary, or proBtable, privileges, and would have been contented with retaining only th«ir honorary diftinc- tions I — To fee fuch things done and ertcouraged, and not to be fliocked and difgufted, and difpiritcd, at the (ight, is, I confefs, above my pitch of firninefs, and, as I fuppofe, above that of any other man, who is not totally diveilcd of every fentiment of jufiice and humanity. j. End ojihc Translation of the Note, in Count Lally's Letter, It is much to be lamented that, after thefe atrocious ac* tions had been committed in France and were well known in Eugland, that eminent member of the Englifli Houfe of Commons, the late Mr. Charles James Fox, did not join with Mr. Burke, (his former great alTociate in politicks,) in exprefling a proper deteftation of them and of the wild and extravagant Revolution in the French Government to which they were intended to be fubfervient. If he, and all his numerous partisans, (who were in the habit of adopting his opinions upon political fubje£ls,) had cortHdered (hat dreadful event in the true light in which it had been reprefented by Mr. Burke, as being, from the very begin> ^4. • ning, 173 nlng, a fyftem of Robbery and Murder dire6led againft the owners of Landed property in France, boih of thn Clergy and the Laity, which threatened to over-throw llie nioft , powerful and beil-eftabhflied monarchy in Europe, and , wltiniately to deftroy every trace of the people's former Liberties and Privileges, and reduce them to a ilate of complete flavery under the abfolute and arbitrary rule of fome upftart Military Defpot (which is the Uatc in which we now behold them,) there is reafon to think that a declaration made by him and his friends, in their fpecchcs in parliament, of fuch a difapprobation of the violent mca- fures of the firft National AfTembly of France and of the riotous mobs of Paris in fupport of them, would have checked them in their career of Injuftice and Folly, or, at lead, would have prevented their falling into the midaken opinion that the great body of the Englifh Nation were full of Admiration of the new and bold changes which they had made in their Government, and were wifliing and preparing to imitate their noble example, by making fimiiar changes in the Government of England. But, inflead of joining with Mr. Burke in this prudent and patriotick coiidu6t, Mr. Fox, long after the abominable outrages, defcribed above in Count Lally's note, were known in England, declared in the Houfe of Commons, <' that he looked-upon the French Revolution as the highejl ejfort of human Wisdom^ for the promotion of human Happinefs that he had ever heard-of And many other pcrfons in England feemed to entertain the fame opinion of it for more than three years together, or till September, 1792 ; when the cruel maifacres of great numbers of inoffenfive priefts and laymen (who were confined in the prifons of Paris), perpe- trated with the knowledge and confent, or, rather, by the dire£lion, of Z)a7i/on,^then newly.appointed Miniller of Juf* tlce>— and the numerous fubfec^uent^ aimed daily, murders of VI V '.1 X:P ,i*-v i* -m 4\^^ V .yyj^,:»J -A <'tM u i] m r V, \ I: '^M ^' 1 If 176 of innocent peiTons by the guillotine during what is called the reign of IWro); under the new republican Government, during the power of RolespierUy — opened their eyes to the miferableconfcquences of thofe mad innovations, and l.iught ihcm to know and to value the more certain and fober fort of Liberty which they themselves had conftantly enjoyed luider the protection of the limited Monarchy of Eng- land. There were, however, feveral noblemen and gen- tlemen of rank and confcquence, in both Houfes of Par- liament, who, (though they had a6led in conjun£lion with Mr. Fox for fomc years before the breaking-out of the difaftrous French Revolution,) thought fit to differ from him upon this great occafion, and to declare, even in the beginning of the French Revolution, that they agreed with Mr. Burke in his opinions upon this fubjeft. Of thefe judicious and patriotick perfons, one of the moft eminent in the Houfe of Lords was the duke of Portland, and one of the mofl didinguifhed in the Houfc of Com* nions was Mr. William Windham, who has fince been one of the King's Secretaries of ftate. It is, perhaps, owing to the efforts of thefe worthy perfons who adopted Mr. Burke's opinions upon this fubje6t, that England has not been thrown into confuiion and mifery by a change of our happy form of Government into a Republick in imita<9 tion of the French Revolution. ANECDOTES u { : « iii 177 J '4 AN ACCOUNT OF THE OPINIONS OF THE LAIE ADAM SMITH, LL. D. AUTHOR OF " THE WEAL TH OF NA- 'JIONS,' CONCERNING THE WORKS OF SEVERAL ENU- LlSir AUTHORS. s '.i,. .,< ;MJ .1,0!-; .Or;r!l To the PnjNTER of the Wiutfuall Evenjkg ■ •■ ■• : ; Post. < v.>;;-.: '"': MJ,;;iJ-,.> SIR, IN the year 1780, 1 had frequent occafion to be in com* pany with the late well-known Dr. Adam Smith. When bufinefs ended, our converfation took a literary turn ; I was then young, inquifltive, and full of refpe^t for his abilities as an author. On his part he was extremely communicao live, and delivered himfelf, on every fttbje£t, with a free- dom, and even boldnef^, quite oppofite to the apparent re- ferve of his appearance. I took-down noted of his converfa- tion, and have here fent you an abllra6t of them. I have neither added, altered, nor dimintfhed them, but merely put them into fuch a (hape as may fit them for the eye of your readers. Of the late Dr. Samuel Johnfon, Dr. Smith had a very contemptuous opinion. ** I have feen that crrature," faid he, '* bolt-'up in the midfl: of a mixed company ; and, with- out any previous notice, fall upon his knees behind a chair, repeat the Lord's Prayer, and then refume his feat at table. He has played this freak over and over, perhaps five or fix times, in the courfe of an evening; It is not hypocrify, but madnefs. Though an honed fort of man himfelf, he is always patronifing fcoundrels. Savage, for inftance,. whom he fo loudly praifes, was but a worthlefs fellow j his penfion of fifty N pounds ^ M' ^■^ 178 >» pounds a year never lafled him longer than a few days. As x fampic of his economy, you may take a circumftance, that Johnfon himfelf once told me. It was, at that period, fafhionable to wear fcarlet cloaks trimmed with gold lace v and the Doctor met him one day, juil after he had got his pcnfion, with one uf thefc cloaks upon his back, while, at the fame time, his naked toes were (licking through his fhoes." He was no admirer of the Kanibler or the Idler, and hint- ed, that he bad never been able to read them. He was averfe to the conteft with America; yet he fpokc highly of Johnfon's political pamphlets: but, above ali,^ he was charmed with that refpeding Falkland's Iflands, as it difplayed, in fuch forcible language, the madnefs of modern wars. I enquired his opinion of the late Dr. Campbell, author of the Political Survey of Great Britain. He told me, that he never had been above once in his company; that the Do6lor was a voluminous writer, and one of thofe authors who write from one end of the week to the other, without interruption. A gentleman, who happened to dine with Dr. Campbell in the houfk of a^ common acquaintance, re- marked, that he would be glad to poflefs a complete fet of the Doctor's works. The hint was not loft; for next morning he was furprifed at the appearance of a cart before his door. This cart was loaded with the books he had aiked for ; the driver^s bill amounted to fiventy potrnds ! As Dr. Campbell compofkl a part of the Univerfal Hiflory, Uid of the Biognqphia Britannica^ we may fuppofe, that thtfe two ponderous articles formed a great part of the car* go. The Doctor was in ufe to get a number of copies of his publications from the printer, and keep them in his houfe for fuch an opportunity. A gentleman, who came^in one day, exclaimed, with furprife, « Have you ever read all theft 379 I of his Ihoufe one bad all thef« thcfe books ?"— « Nay," replied Dr, Campbell, laughing, ** I have written them." ' • " • Of Swift, Dr. Smith made frequent and honourable mention. He denied thai the Dean could have written the Pindarics printed under hiit name. He affirmed, that he wanted nothing but inclination to have become one of the greatefl of all poets. <* But, in place of this, he is only a gofliper, writing merely for the entertainment of a private circle." He regarded Swift, both in ftyle and fentiment, as a pattern of corre^tnefs. He read to me fome of the (hort poetical addreffes to Stella, and was particularly pleaf- ed whh one couplet— •• Say, Stella, feel you no content* '•"' ' '' •' Reflecting on a life well-spent?" ,^, ■' ulii Though the Dean's verfes are remarkable for eafe and (implicity, yet the compofition required an effort. To exprefs this difficulty, Swift ufcd to fay, that a verfe came from b'lm like a guinea. Dr. Smith confidered the lines on his own death, as the Dean's poetical mafler- piece; He thought that, upon the whole, his poetry was corre£t, after he fettled in Ireland, when he was, as he himfelf faid, furrounded " only by humble friends." The Do6lor had fome lingular opinions. J was furprifed at hearing him prefer Livy to all other hillorians, ancient and modern. He knew of no other who had even a pre- tence to rival him, if David Hume could not claim that ho- nour. He regretted, in particular, the lofs of his account of the civil wars in the age of Julius Csefar ; and when I at- tempted to comfort him by the library at Fez, he cut me (hort. I would have expected Polybius to fland much higher in his efteem than Livy, as having a much nearer re- femblance to Dr. Smith's own manner of writing. Befides his miracles, Livy contains an immense number of the mofl obvious and grofs falfehoods. N 2 He 180 i.itS- i- ' i »?l| pi ^: He was no fanguine admirer of Shakefpcare. " Voltairf , you know," fays he, ** calls Hamlet the dream of a drunken favage." — " He has good fcenes, but not one good play." The Do6lor, however, would not have permitted any body elfe to pafs this verdift with impunity. For when I once afterwards, in order to found him, hinted a difrefpeft for Hamlet, he gave a fmile, as if he thought I would deteA him in a contradiction, and replied, " Yes ! but ftill Hamlet is full of fine paflages." He had an invincible contempt and averfion for blank verfe j Milton's always excepted, •'• They do well," he faid, '* to call it blank, for blank it is •, I myfelf, even I, who never could find afingle rhyme in my life, could make blank verfe as fall as I could fpeak; nothing but lazinefs hinders our tragic poets from writing, like the French, in rhyme. Dryden, had he poflefled but a tenth part of Shakefpeare's dramatic genius, would have brought rhym- ing tragedies into fafliion here as well as they arc in France, and then the mob would have admired them juft as much as they now pretend to defpife them. Beattie's Minftrel he would not allow to be called a poem j for it had, he faid, no plan, no beginning, middle, or end. He thought it only a/eries of 'verfes ; but a few of them very happy. As for the tranflation of the Iliad, **They do well," he faid, ** to call it Po/>ef'^ Homer j- for it is not Homer's Homer. It has no rcfemblancfi to the majetty and fimplicity of the Greek." He read-over to me rAllegro and II Pen- ferofo, and explained the refpeftive beauties of each, but added, that all the reft of Milton's fliort poems were trafh. He could not imagine what had made Johnfon praife the poem on the Death of Mrs. Killigrev/, and compare it with Alexander's Feaft. The criticifm had induced him to read it over, and with attention, twice ; and he could not difcover ev«n a fpark of merit. At the fame time, he mentioned Gray's 181 Gray's Odes, (which Johnfon has damned fo completely, and, in my hiimhie opinion, with fo much judice,) as the ftandard of lyric excellenre. He did not much admire the Gentle Shepherd. He preferred the Pajlor FUo, of which he fpoke with rapture, and the Eclogues of Virgil. I pled as I could tor Allan namfay, becaufe I regard him as the fingle unaflfected poet whom we have had fuice Buchanan. Proximiis huic, Ionian scd proximus intcrvallo. He anfwercd, ** It is the duty of a poet to write like a gen- tleman. I diflike that homely (lylc which fonie think Ht to call the language of nature and fimplicity, and fo forth. In Percy's Reliques too, a few tolerable pieces are buried under a heap of rubbifh. You have read, perhaps, Adam Bell, Clym of the Cleugh, and William of Cloudeflie." I an- fwered. Yes. " Well then,'* faid he, " do you think that was worth printing ?" He rcfle6led with fome harfli- nefs on Dr. Goldfmith ; and repeated a variety of anecdotes to fupport his cenfure. They amounted to prove that Goldfmith loved a wench and a bottle ; and that a lie, when to ferve a fpecial end, was not excluded from his fyfteni of morality. To commit thefc ftories to print would be very much in th'> modern tafte; but fuch proceedings appear to me as an abfolute , difgrace to typography. He never fpoke but with ridicule and deteftation of the Reviews. He faid that it was not eafy to conceive in what contempt they were held in London. I mentioned a ftory I had read of Mr. Burke having feduced and dishonoured a young lady, under promife of marriage. " I imagine," faid he, " that you have got that fine llory out of fome of the Magazines. If any thing can be lower than the Reviews, they are fo. They once had the impudence to pubiifh a (lory of a gentleman's having debauched his own iider; and N 3 npcn MJ i:'' •'; ; ; ■ (, ■ i * , . I ,. A I 183 liff KM' 4 upon inquiry, it oame-out that the gentleman never had a fifter. As to Mr. Burke, he is a worthy, honeft, man. He married an aceompli(hed girl, without a (hilling of fortune." I wanted to get the Gentleman's Magazine excepted from his general cenfure; but he would not hear me. He never, he faid, looked at a Review, nor even knew the names of the publiihers. He \yas fond of Pope, and had by heart many favourite pafTages; but he difliked the private charaSerof the man. He was, he faid, all aflfe^lation, and mentioned his Letter to Arbuthnot, when the latter was dying, as a copfummate fpecimen of canting; which, to be fure, it is. He had alfo a very high opinion of Dryden, and loudly extolled his Fa- bles. I mentioned Mr. Hume's objections; he replied, ** You will learn more as to poetry, by reading one good ^oem, than by a thoufand volumes of criticifm." He quoted fome pafTagcs in Defoe, which breathed, as he thought, the true fpirit of Englifh yerfe. He didiked Meikle's tranflation of the Luiiad, and efteemed the French verfion of that work as far fupcrior. Meikle, in hi& prefence, has contradi6ted, with great frank* jnefs, fome of the portions advanced in the Doctor's Inqui- ry, which may perhaps have difguiled him; but, in truth, Meikle is only an indifierent rhymer. , Dr. Smith, with Lord Gardenftone^ regarded the French Theatre as the fiandard of dramatic excellence. He faid, that at the beginning of the prefent reign, the diflenting minifiers had been in ufe to receive two thou- fand pounds'* a year from Government; that the Earl of Bute had, (as he thought, moil improperly) deprived tUem of this allowance, and that he fuppofed this to be the real motive of their virulent oppoiition to Government. Glafgow, • This sum of money has been generally represented as seven thousand poxinds a year. • - .. : - ^ ■■ ' . , ON IS seven ON 185 i ,-;!<{> r\l '-7 ' ' , ' ' ' ON THE DOCTRINE OF LIBLLS, ' *" AS IT HAS BEEN KEPRESEMTED BY SOME JUDGES. , To the Printer of the Public Advertiser. Mr. Printer, February 1793. Upon a fubje6l in which every Engliihman is fo materially interefted as in the poi^er of a jurj, our readers may be gratified by a perufal of Mr. Fax's Bill^ patriotically brought into Parliament to rr.; AREO- 189 J ••.'.- AREOPAGITICA: A SPEECH FOR THE LIBERTY OP UNLICENSED PRINTING, To THE PaBLIAMBNT OF ENGLAND. Published in November , 1644, BY JOHN MILTON, THE AUTHOR OF PARADISE LOST. . : -C' Xpr,s6v ri fiiiX£V[JL,' V.s (Jisirov ^spsiv, e')(jMv. Ka) raud' ypr/J^wVf Xxi^.-mpoi Irfl': jw-tj ^kkwvt Eiuipid. lUcetid. This is true Liberty, when freeborn men, Having to advise the public, may speak free. Which he who can, and will, deserves hiu;h praise j Who neither can, nor will, may hold his peace ; What can bejuster in a state than this ? Euripid. Hicetid. THEY, who to States and Governors of the common- wealth direct their fpeech, High Court of Parliament ! or, wanting fuch accefs, in a private condition, write that which they forefee may advance the publick good; I fuppofe them, as at the beginning of no mean en- deavour, not a little altered and moved inwardly in their minds; fome with doubt of what will be the fuc- cefs, others with fear of what will be the cenfure; fome with hope, others with confidence of what they have to fpeak. And me perhaps each of thefe difpofitions^ as the fubje^ was whereon I entered, may have at other times varioufly affected; and likely might in thefe foremoft expredions now alfo difciofe which of them fwayed moft, but that the very attempt of this addrefs thus made, and the thought of whom it hath recourfe to, hath got the power within me to a paffion, far li-.-^' ill': n I ■:"' .1 190 far more welcome than incidental to a preface. Which though I ftay not to conftfs ere any aflc, I r Jl be blamelefs, if it be no other, thaii the joy and gratulation which it brings to all who wifli and pro- mote their country's liberty; whereof this whole dif- courfe propofed will be a certain teftimony, if not a tro- phy. For this is not the liberty which we can hope, *^ that no grievance ever fhould arife in the common- wealth :" That let no man in this world expefl. But, when complaints are freely heard, deeply conlidered, and fpeedily reformed, then is the utmoft bound of ci- vil liberty attained, that wife men look-for. To which if I now manifeft, by the very found of this which I {hall utter, that we are already in good part arrived; and yet from fuch a deep difadvantage of tyranny and fu- perftition grounded into our principles, as was beyond the manhood of a Roman recovery ; it will be attri- buted firil, as is mod due, to the firong afTiflance of God, our Deliverer; next, to your faithful guidance and undaunted wifdom. Lords and Commons of England ! Neither is it in God's efteem, the diminution of his glory, when honourable things are fpoke'n of good men, and worthy magillrates; which if 1 now firft (hould begin to do, after fo fair i. progrefs of your laud^' ahle deeds, and fuch a long obligement upon the whole realm to your indefatigable virtues, I miglit be juftly reckoned among the tardieft, and the unwillinged, of them that praife ye. Neverthelefs there being three principal things, without which all praifing is but oourtihip and flatter)-, firil, when that only is praifed which is folidly worth praife; next, when the greatcft likelihoods are brought, that fuch things are truely and really in thofe perfons, to whom they are afcribed ; the other, when he who praifes, by (bowing that fuch his 191 J his a£iual perluafion is of whom he writes, can d«- Diondrate that he flatters not ; the former two of thefe I have heretofore endeavoured, refcuing the employ- ment from b»m who went>about to impair your merits with a. trivial and malignant encomium ; the latter, as belonging chiefly to mine own acquittal, " that whom I fo extolled I did not flatter," hath been referved op- portunely to this occafion. For he who freely magnifies what hath been nobly done, and fears not to declare as freely what might be done better, gives ye the bed co- venant of his fidelity; and that his loyalefl affe^ion and his hope waits on your proceedings. His higheft piaifing is not flattery, and his plained advice is a- kind of praifing; for, though I fliould aflirm and hold by ar- gument, that it would fare better with truth, with learn- ing, and the commonwealth, if one of your publiflied orders, which I (hould name, were called-in; yet at the fame time it could not but much redound to the luftre of your mild and equal governmeni, whenas private perfons are hereby animated to think ye better pleafed with publick advice, than other ftatifts have been de- lighted heretofore with publick flattery. And men will then fee what difference there is between the magnani- mity of a triennial parliament, and that jealous haugh- tinefs of prelates and cabin-counsellors* that ufurped of late, when as they fliall obferve ye, in the midft of your vidories and fuccefles, more gently brooking written ex- ceptions againft a voted order, than other courts, which had produced nothing worth memory but the weak oftentation of wealth, would have endured the lead fignified diflike at any fudden proclamation. If I flionld thus far prefume upon the meek demeanor of * Tluit is, cIianib«r-countellon» or counsellors who are ac- seinbtcJ by the king in a private chamber, as it were in the cat)iii of a ship, to give him advice in matters of stale. , your i.^ i . f! ^ .| I 193 h\ 'i . '^ Ft ^ *: i '':i|l your civil and gentle greatnefs. Lords and Commons ! as what your publiihed order hath dire6^ly faid, that to gainfay, I might defend myfelf with eafe, if any fhould accufe me of being new or infolent, did they but know how much belter I find ye efteem it to imi- tate the old and elegant humanity of Greece, than the barbaric pride of a Hunnifh and Norwegian (latclincfs. And out of thofe ages, to whofe polite wifdom and letters we owe that we are not yet Goths and Jutlan- dcrs, I could name him who from his private houfe wrote that difcourfe to the pailiament of Athens, that pcrfuadcs them to change the form of democracy which was then edabliihed. Such honour was done in thofe days to men who profefled the ftudy of wifdom and eloquence, not only in their own country, but in other lands, that cities and figniories heard them gladly, and with great rcfpeft, if they had aught in publick to admoniOi the (late. Thus did Dion Prufseus, a Granger and a private orator, counsel the Rhodians againd a former £di6l ; and I abound with other like examples, which to fet here would be fuperfluou*. But, if from the induftry of a life wholly dedicated to (ludious labours, and thofe natural endowments haply not the worft for two and fifty degrees of northern la- titude, fo much mud be derogated, as to count mc not equal to any of thofe who had this privilege, I would obtain to be thought not fo inferior, as your- felves are. fuperior to the moft of them who received their counfel ; and how far you excel them, be aflured. Lords and Commons ! there can no greater teftimo- ny appear, than when your prudent fpirit acknowledges and obeys the voice of reafon, from what quarter fo- ever it be heard fpcaking ; and renders ye as willing to repeal any a6l of your own felling- forth as any fct- forth by your predeceflbrs, '":|f 193 like ^our- ceived .ired, timo- edges er fo- uling fet- Tf IFyc be thus refolved, (as it were injury to think yc wore not,) I know not what fliould withhold me from prafenting ye with a fit inftance wherein to (how both that love of truth which ye eminently profefs, and that uprightnefsof y^)ur juclgmcnl which is not wont tobe partial to yourfelvcs; by judging over-again that order which ye have ordained** to regulate printing; that no nancrof book, pamphlet; or paper, (hall be henceforth printed, Parfittneftt unlcfs the fame be iird approved and Hcenfed by fuch, printint or at leaft one of fuch, as (hall be thereto appointed." i,'^'""'^ For that part which preferves juftly every man's copy to himfelf, or provides for the poor, I touch not ; only wi(h they be not made pretences to abufu and perfe- cute honeft and painful men, who offend not in either ofthcfe particulars. But that other claufe of licenfing books, which we thought had died with his brother quadragefimal and matrimonial when the prelates expir- ed, 1 (liall now attend with fuch a homily, as (liall lay before ye, firil the inventors of it, to be ihofe whom ye will be loth to own; next, what is to be thought in The plan general of reading, whatever fort the books be; and^^j'J"* that this order avails nothing to the fupprefling of <-'o""'^* fcandalous, fcdilious, and libellous books, which were mainly intended to be fuppreffed. Laft, that it will be primely to the difcouragement of all learning, and the (lop of truth, not only by difexercifing and blunt- ing our abilities, in what we know already, but by hindering and cropping the discovery that might be yet further made, both in religious and civil wifdom. I deny not but that it is of greateft con- The great ccrnmcnt iu the church and commonwealth, to have a vi- 'b<^]|[^"^"i gilant eye how books demean themfelves as well as men; publick af« and thereafter to confine, imprifon, and do (harpeft jus- tice on them as malefa6lor»; for books are not abfolutelv o dead 194 1; dead things but do contain a potency of life in them to be as a6kive as that foul was whofe progeny they are : miy, they do preferve, as in a via), the pured efficacy and cxtra^ion of that living inte)'e£t that bred them. I know they are as lively/ and as vigoroufly produ6live, as thofe fabulous dragon's teeth; and, being sequence* ' ^^^^ upaud down, may chance to fpring-up armed men. tinKtoS ^"**y> o" the Other hand, unlefs warinefsbeufed, as •no. good almoft kill a man as kill a good book : who kills a man kills a reafonable creature, God's image; but he who deftroys a gnud book, kills rcafon itfelf, kills the image of God, as it were, in the eye. Many a man lives a burden lo the earth ; but a good book is the precious life-blood of a maflcr fpirit, imbalmed and trcafured-up on purpofc to a life beyond life. It is true, no age can reftorc a life, whcrtdj perhaps there i? no great lofs ; and revolutions of ages do not oft recover the lofs of a rejeded truth, for the want of which whole nations fare the worfe. We fliould he wary therefore what perfecution we raife againlt the living labours of publick men, how we fpill thatfeafoned I'lfeofman, preserved and (lored-up in books ; fince we fee a kind of homicide may be thus committed, fomelimes a martyrdom; and, if it extend to the whole impreflion, a kind of maffiicre, whereof the execution ends not in the flaying of an elemental life, but ftrikes at the asthereal and fifth eflcnce, the breath of reafon itftlf ; (lays an immortality rather than a life, A view of But, left I fhould be condemned of introducing licence, tiiods taken while I oppofe licenfing, I refufe not the pains to be fo common"* much hiftorical, as will ferve to (how what hath been wealths, to Jone by ancient and famous commonwealth?, againft rcstram the ■ ■' , . , . publication this diforder, till the very time that this projeft of licenf- ous books, ing crept-out of thelnquifilion, was catched-up by our Prelates, and hath caught fome of our Presflbyters. In had %le Th fiderir elegar of lor Thale linefs amon 195 In Aihens, where books unci wili were In Atinns. ever biifier ihan in any other part of Greece, I find but only two forts of writings which the magiftrate cared to take notice of; thofc cither blafphcmous and atheillical, or libell(;us. Thus tlic books ut i'lHaguras were by the jud{;es of AreopagiM comnijiuld to be biiriit, and liini- felf banifljed the lerruury, for a diifcourfe, begun with his confedlng not to know, *' whether there were gods, or whether not." And againll defaming, it was agreed thai none (liould be traduced by name, a^ was the manner of Fetus Comoediaf whereby wc may guefs ho.v they cenfured libelling; and this couife was quick enough, as Cicero writes, to quell both the defperate wits of other athcids, and the open way of defaming, as the event fliewed. Of other fetSls and opinions, though tending to voluptuoufneis, and the denying of Divine providence, they took no heed. Therefore we do not read that cither Epicurus, or that libertine fchool of Gyrene, or what the Cynic impudence uttered, wa-i ever queftioned by the laws. Neither is it recorded, • that the writings of thofe old comedians were fupprefl'ed, though the afting of them were forbid j and that Plato commended the reading of Ariftophanes, the loofeft of them all, to his royal fcholar Dionyfius, is commonly known, and may be excufed, if holy Chryfoftom, as is reported, nightly ftudied fo much the fame author, and had the art to cleanfe a fcurrilous vehemence into the ftyle of a rouiing fermon. That other leading city of Greece, Lacedcemon, con- ^" LacciU fidering that Lycurgus, their lawgiver, was fo addi6ted to elegant learning,as to have been the firft that brought out of Ionia the fcattered works of Homer, and fent the poet Thales from Crete to prepare and mollify the Spartan fur- linefs with hisfmooth fongs and odes, the better to plant among them law and civility ; it is to be wondered how o 2 mufelefs mim. ", t i 196 v'l "^i i'i ■1 ii ;| H ^11: ^lA -\ ,! H^-i'lH' ■^1 • II ■,' B 5 S);: ■■! li i ^nr .fllM »"»- General Councils ; and not till then were prohibited, or manEmpe< burnt by authority of the bliiipcror. As for the writ-S"y^ere ings of heathen authors, unlcfs ihey were plain invec- ^'^'"".^ O ' / r Chnstiar tives againft Chriftiaiiily, as thofe of Porphyrius and o 3 Proclus, Christians. •< \: '. '.;*:: I'm M 198 II '!■ !' Proclus, they met with no interdict that can be cited, till ahout the year 4oOj in a Carthaginian Council, wherein biftiops Ihenifelves were forbid to read the books of Gentiles, but Herefies they might read ; while others, long before them, on the contrary fcrupled more the books of Heretics, than of Gentiles. And that the primitive Councils and Bifhops were wont only to de- clare what books were not commendable, pafling no further, but leavincr it to each one's confcience to read or to lay-by, till after the year goo, is obferved already by Padre Paolo, the great unmafker of the Trentine bcgun^^ Council. After which time the Popes of Rome, en- prohibit the gj-oflingr what thcv pleafed of political rule into their leadingof == , » i i u • j • • books jiiat own hands, extended tpeir dominion over men s eyes, liked, abCat'''^ ^^^V ^^"^ before over their judgments, burning, and the year prohibiting to be read, what they fancied not ; yet fpar-^ ing in their cenfi:res, and the books not many which they fo dealt with ; till Martin the Fifth, by his bull not only prohibited, but was the firft that excommuni- cated the readers of heretical books ; for about that time Wickliffe and Hufle, growing terrible, were they who firft drdKc the Papal Court to a llridter policy of prohibiting. Which courfe Leo the Tenth and his fucceflbrs followed ; until the Council of frent, and the Spanifli Inquifilion, engendering together, brought- forth, or perfected, thofe catalogues and expurging In- dexes, that rake through the entrails of many an old good author, with a violation worfe than any could be offered to his tomb. Nor did they ftay in matters here- tical ; but any fubjeil, that was not to their palate, they either condemned in a prohibition, or had it At last, ftraight into the new Purgatory of an Index. To fill- ?ime o?the "p the meafure of encroachment, their laft invention Council of ^,gg ^Q ordain that no book, pamphlet^ or paper, IhouUl 199 ftould be printed^ (as if St. Peter had bequeathed them J/jJJ,;^'*''' the keys of the prefs alfo as well as of Paradife) unlefs that no new it were approved and liccnfcd under the hands of two Reprinted or three gluttonous friars. For example: been ap- proved by a Let the chancellor Cini be pleafed to fee if in this licenser. prefent work be contained aught that may with- ,. _. (land the printing; Vincent Rabbata, Vicar of Florence. J have feen this prefent work, atid find nothing athwart the catholic faith and good manners ; in witnefs whereof I have given, &c. Nicolo Cini, Chancellor of Florence. Attending the precedent relation, it is allowed that this prefent work of Davanzati may lie printed. , Vincent Rabatta, &c. ' It may be printed, July 15. Friar Simon Mompei ^' Amelia, Chancellor of the Holy Office in Florence. Sure they have a conceit, if he of the bottomlefs pit ♦ had not long (ince broke prifon, that the quadruple exorcifm would bar him down, I fear their next de- (ign will be to get into their cuftody the licenfiiig of that which they fay Claudius intended*, but went not through with. Vouchfafe to fee another of their forms, the Roman damp $ Imprimatur, If it feem good to the Reverend Matter of the Holy Palace. Belcaftro, Vicegerent. Imprimatur, Friar Nicholo Rodolphi, Mailer of the Holy Palace. * Q,uo veniam daret flatum crepituiijinue ventiis in convivio emittendi. Suetonius, in Claudio. o 4 SometiiQP? ;i a -i. !;1 1*- ■■ ■'■■■< 200 -^ .. Sometimes five Imprimaturs are fecn togctl>cr dia- •hop4, in logue-wife in the piatza of one titlepage, complimcnt- the I'bpes, ing and ducking each to other with their (haven reve- Sir?Js*iom '■*^"ce8, whether the author, who (lands-by in perplexi- fnto E ""'"^ ty at the foot of his epiftle, (hall to the prefs or to the; laiui. fpunge. Thefe are the pretty refponfories, — tbefc are the dear antiphonies,— that fo bewitched of late our Pre- lates and their chaplains, with the goodly echo they made J and befotted us \q the gay imitation of a lordly Imprimatur, one from ^nibetb-houfc, another from the Weft ejid of Paul's ; fo apiftily romanizing, that the word of command ftill was fet-down in Latin ; as if the learned grammatical pen that wrote it would caft no ink without Latin; or perhaps, as ihey thought, becaufe no vulgar tongue was worthy to exprefs the pure conceit oiF an imprimatur \ but rather, j^s I hope, for that our Engliih, the language of men ever fi^mous 9nd foremoft in the achievements of liberty, will not eadly'iind fervile letters enow to fpell fuch a didtatory jirefumption Engliftied. And thus ye have the inven- tors, and the original, of book-licenfin^ rippcd-up, and drawn as lineally as any pedigree. We have it not, that can be heard, of, from any ancient State, or Polity, or Church, nor by any Statute left us by our an- ceftors, elder or later j nor from the modern cuftom of any reformed City, or Church, abroad j but from the moft antichriftian Council, and the mod tyrannous Tn> quiiition, that ever enquired. Till then books v^ere ever as freely admitted into the world as apy other birth ; the ilTue of the brajn was no more ftifled than the ifTue of the womb ; no envious Juno fat crofs-lcgged over the nativity of any man's intelleftual offspring; but,if it prov- ed a monfter, who denies but that it was juftly burnt, e^ funk ipto the fca ? But that a book, in worfe con- dition V 201 dition than a peccant foul, (hould be to (land before s^ jury ere it be born to the world, and underj'o yet in darknefs the judgment of Radamanth and his col- leagues, ere it can pafs the ferry backward into light, was never heard before, till that myftcrions iniquity, provoked and troubled at the flrll entrance of Informa- tion, fought'Out new Limboes and new Hells wherein they might include our books alfo within the number of their damned. And this was the rare niorfel fo oflli- cioufly fnatched-up, and fp ilUfavouredly imitated by our Inquiiiturient Bifhops, and the attendant Minorites, their chaplains. That ye like not now thefe mod cer- tain authors of this licenjing order, and that all finifter intention was far diftant from your thoughts, when ye were importuned the paffing it, all men who know the Integrity of your aciion?, and how ye honour truth, will clear ye readily. But fome will fay, ** what though the Inventors were bad ? the thing for all that may be good." It may fo ; yet, if that thing be no fuch deep invention, but obvi- ous and eafy for any man to light-on, and yet the bed and wifed commonwealths through all ages and occa- ilons have forborn to ufe it, and falfed feduccrs and op- preffors of men were the fird who took it up, and to iio other purpofe but to obdru£t and hinder the fird approach of reformation j I am of thofe who believe, it will be a harder alchyniy than Lullius ever knew, to fublimate any good ufe out of fuch an Invention. Yet this only is what I requed to gain from this reafon, " that it may be held a dangerous and fufpicious fruit, (as certainly it deferves, for the tree that bore it,) until I can diflcft, one by one, the properties it has.** But I have fird to linifli, as was propounded, what is to be thought in general of reading books, whatever fort they 'S ) J 1» 202 Of the ef. 4hey be, and whether be more the benefit or the harm feet of read- ' ing all sorts that thence proceeds. and'whe- Not to infift upon the examples of Mofes, Daniel, mo« gSS' and Paul, who were (kilful in all the learning of the or harm. Egyptians, Chaldeans, and Greeks, which could not probably be without reading their books of all forts, in Paul efp.ecially, who thought it no defilement to infert into holy fcripture the fentences of three Greek poets, and one of them a tragedian. The queftion was notwith^ Aanding fometimes controverted among the primitive do£lors ; but with great odds on that (ide which affirm- ed it both lawful and profitable ; ad was then evidently j^ g perceived, when Julian, the Apoftate, and fubtleft ene- my to our faith, made a decree forbidding Cbriftians the ftudy of heathen learning ; " for, faid he, they " wound us with our own weapons, and with our own " arts and fciences they overcome us." And indeed the Chriflians were put fo to their (hifts by this crafty means, and fo much in danger to decline into all igno- rance, that the two Apollinarii were fain, as a man may fay, to coin all the feven liberal fciences out of the Bible, reducing it into divers forms of orations, poems, dialogues, even to the calculating of a new chriflian grammar. But, faith the hiftorian So;.rates, the Provi- dence of God provided better than the induftry of Apol- linarius and his fon, by taking-away that illiterate law with the life of him who devifed it. So great an in- jury they then held it to be deprived of Hellenic learn- ing i and thought it a perfecution more undermining, and fecretly decaying the church, than the open cruel- ty of Decius or Dioclefian. And perhaps it was with the fame politic drift that the devil whipped St. Jerom in a lenten dream^ for reading Cicero ; or elfe it was a phantafm, bred by the fever whicb b«d then feized him. M ■ 'I 203 him. For had an angel been his dlfoipliner, unlefs li were for dwelling too much on Ciceronianifms, and had chaftifed the reading, not the vanity, it had been plainly partial ; firft to corredl him for grave Cicero, and not for fcurril Plautus, whom he confeffes to have been reading not long before ; next to correct him only, and let fo many more ancient fathers wax old in thofe pleafant and florid (Indies without the la(h of fuch a tutoring apparition ; infomuch that Badl teaches how fome good ufe may be mads of Margites, a fportful poem, not now extant, writ by Homer j and why not then of Morgante, an Italian romance much to the fame purpofe ? But, if it be agreed we (hall be tried by vi- iions, there is a vifion recorded by Eufebius, far anci- enter than this tale of Jerom, to the nun Guftcchium, and bcfides, has nothing of a fever in it. Dionyfius Alexandrinus was, about the year 240, a perfon of great name in the church, for piety and learning, who had wont to avail himfelf much againft heretics, by being converfant in their books ; until a certain preibyter laid it fcrupuloufly to his confciencc, how he durft ven- ture himfelf aniong thofe defiling volumes. The wor- thy man, loth to give offence, fell into a new debate with himfelf what was to be thought ; when fuddenly a vifion fent from God, (it is his own epiftle that avers it,) confirmed him in thefe words : " Read any books whatever, that come to thy hands ; for thou art fufficient both to judge aright, and to examine each matter." To this revelation he aflfented the fooner, as he Confe(res, becaufe it was anfwerable to that of the Apodle to the TheflTalonians j " Prove all things, hold faft that which is good." And he might have added another remarkable faying of the fame author : " To the pure, all things are pure ;" not only meats and drinks, I'M' .f ' ^ ' ■• jf*i> If '"1. * 41 r rfvl* tr^visM S04 ri^! !• ■■ drinks, but ail kiwi of knowledge, whether of good or evil J the knowledge cannot defile, nor coniequently tl)c beoks, if the will and conlcience be not defiled. For books are as meats and viandg arc j foine of good, fome of evil fiibftance j and vet God in that unapocry- j)hal vifion faid without exception, "Rife, Peter; kill and cat;" leaving the choice to each man's discretion. Wholtfonie meats to a vitiated ftomach differ Hllle or nothing from unwholcfome ; and bed books to a naughty mind are not unapplicablc to occasions of evil. Bad meats will fcarcc breed good nourifliment in the hcalthicd conco6lion ; but herein the difference is of bad books, that th^y to a difcreet and judicious reader ferve in many refpc'6ts to difcover, to confute, to fore- warn, and to illuftrale. Whereof what better witnefs can ye expcft I (liould produce, than one of your own body, now fitting in parliament, the chief of learned men reputed in this land, Mr. Seldcn ; whofe volume of na- tural and national laws proves, not only by great au- thorities brought together, but by cxquifite reafons and theorems almoft mathematically demonftrative, that all opinions, yea errours, known, read, and collated, are of main fervice and afliilance toward the fpecdy attain- The liberty ment of what istruefl. I conceive, therefore, that,when what books God did enlarge the univerfal diet of man's body (fav- wcU as'that '"S ^^^^ *^^ ''"'*^^ ^^ tcmpcrance,) he then alfo, as be- of chusing fure,left arbitrary the dieting and repafting of our minds, what meats * . ^ • i . ■ r\r to fccd-on, as wherem every mature man might have to exercife his fcjftocyg *pwn leading capacity. How great a virtue is temper- ,Biaa'sowi» ance, how much of moment throusjh the whole life of man ! Yet God commits the managing fo great a truft without particular law or prcfcription, wholly to the demeanour of every grown man. And therefore, when he himfelf tabled the Jews from Heaven, that omer, which M- S05 which was every nian^s daily portion of manna, id com- puted to have been more than might have well fufHccd the heartieft feeder thrice as many meals. For thofe actions which enter into a man, rather than iflTue out of him, and therefore deBle not, God ufcs not to cap- tivate under a perpetual childhood of prefcription, but trufts him with the gift of reafon to be his own choo> for. There were but little work left for preaching, if Law and CompuUion (hould grow fo fad upon thofe things which heretofore were governed only by Exhortation. Solomon informs us, that *< much reading is a wearinefs to the fiefli:" but neither he, nor any other infpired au- thor, tells us that fuch, or fucli, reading is unlawful. Yet certainly, had God thought good to limit us herein, it had been much more expedient to have told us what was imlawful, than what was wearifome. As for the burn- ing of thofe Ephefian books by St. Paul's converts j it is replied, the books were magic, the Syriac fo ren- ders them. It was a private a6t, a voluntarj' aft, and leaves us to a voluntary imitation : the men in remorfe burnt thofe books which were their own ; the magif- trate by this example is not appointed: thefe men prac- tifed the books ; another might perhaps have read them in fome fort ufefuUy. Good and Evil, we know, in ihe field of this world grow-up together almoft infeparably ; and the knowledge of good is fo invofved and interwo- ven with the knowledge of evil, and in fo many cunning refemblanccs hardly to be dilcerned, that thofe confuf- ed feeds which were impofed upon Pfyehe as an incef- fant labour to cull-out, and fort-afundcr, were not more intermixed. It was from out the rind of one apple taded, that the knowledge of Good and Evil, as two twins cleaving-together, leaped- forth into the world. And, perhaps, this is that doom, which Adam fell- into, Qf W.' Ai K is: v\< :^i i' i: ^-V&a 206 ^j" • I.; of knowing good and evil, that is to fay, of knowing Good by Evil. As therefore the ftate of man now isj what wifdoni can there be to choofc, what continence to forbear, without the knowledge of evil ? He that can apprehend and cunfider vice with all her baits and feeming pleafures, and yet abftain, and yet diftinguifli, and yet prefer, that which is truly better, he is the true warfaring Chriftian. I cannot praife a fugitive and cloiftered virtue, unexercifed and unbreathed ; that never fallies-out and fees her adverfary, but (links out of the race, where that immortal garland is to be run-for, not without duft and heat. Afluredly we bring not inno- cence into the world ; wc bring impurity much rather: that which purifies us is Trial; and Trial is by what is contrary. That virtue therefore which is but a young- ling in the comtcmplation of evil, and knows not the ulmoft that vice promifes to her follower?, and rejefts it, is but a blank virtue, not a pure ; her whitencfs is but an excremental whitenefs ; which was the reafon why our fage and ferious poctSpenfcr, (whom I dare be known to think a better teacher than Scotus or Aquinas,) defcribing true Temperance under the perfon of Guion, brings him in wi'I, his palmer through the cave of Mammon, and the power of earthly blifs j that he might fee and know, and yet abftain. Since there- fore the knowledge and furvey of vice is in this world fo neceffary to the conftituting of human virtue; and the fcanning of errour to the confirmation of truth ; how can we more fafely, and with lefs danger, fcout into the regions of fin and falfity, than by reading all manner of tradates, and hearing all manner of reafon ? And this is the benefit which may be had of books promif- cuoufly read. But of the harm that may refult hence, three icinds are ufually reckoned. Firft, is feared the in- fection 207 • ,j.j fedtlon that may fpread. But then, all human lean- ing and controverfy in religious points mud remt ve out of the world ; yea, the Bible itfclf : for that ofttimt;-) relates blafphemy not nicely ; it defcribes the carnal fenfe of wicked men not unelegantly ; it brings-in holi- eft men paflionately murmuring againd Providence through all the arguments of Epicurus : in other great difputes it anfwers dubioufly and darkly to the commoa reader ; and alk a Talmudift what ails the modefty of his marginal Keri, that Mofes and all the prophets can- not perf'uade him to pronounce the textual Chetiv. For thefe caufes we all know the Bible itfelf is put by the papift into the firft rank of prohibited books. The ancienteft fathers mud be next removed, as Cle- ment of Alexandria, and that Eufebian book of Evan- gelic Preparation, tranfniitting our ears through a hoard of heatheniih obfcenities, to receive the gofpel. Who finds not that Irenaeus, Epiphanius, Jerom, and others, difcover more herefies than they well confute, and take that oft for herefy which is the truer opinion ? Nor boots it to fay for these, and all the heathen wri- ters of greateft infe6tion (if it muft be thought fo,) with whom is bound-up the life of human learning, that they writ in an unknown tongue, so long as we arc fure thofe languages are known as well to the worft of men, who are both moft able, and mod diligent, to in- ftil the poifon they fuck, fivtt, into the courts of princes, acquainting them with the choiced delights, and cri- ticifms of fin. As perhaps did that Petronius, whom Ne- ro called his arbiter, the mader of his revels; and that notorious ribald of Arezzo, dreaded and yet dear to the Italian courtiers* I name not him for pcderity's fake, whom Henry the Eighth named in merriment his vicar of Hell. By which compendious way all the contagion ■I? ■' ■m IH^P lif ,1 •If 4 ^-g '^1 ;;1 ■ i '^1 L' .11 lli'f 7i 't '208 cont.igi()ii that foreign bodki can infurti will (liid apaf" fagc lo the people far eafier and (hortcr than an Indian voyage, (rhough it could be failed either by the north of Catalo eartward, or of Canada weftward,) while our 8pani(h Licenfing gags the Englifh prefs never fotfevere- ly* But on the other fide, that infe^ion which \» from books of controvcrfy in religion, is more doubtful and dangerous to the learned, than to the ignorant ; and yet thofc books rauft be permitted untouched by the Licenfer. It will be hard lo inftance where any ig- norant man hath been ever fcduced by any papidical book in Knglini, unlefij it were commended and ex- pounded to him by fonie of that clergy ; and indeed all fuch tradates, whether falfe or true, arc as the prophet cy of Ifaiah was to the Eunuch, not to be " undcrftood without a guide." But of our priefls and dodlors how many have been corrupted by lludying the comments of Jcfuits and Sorbonifts, and how fall they could transfufc that corruption into the people, our experience is both Iflte and fad. It is not forgot, fince the acute and diftinft Arniinius was perverted merely by the pe- rufing of a naniclefs difcourfe written at Delft, which at firft he took in hand to confute. Seeing therefore that thofe books, and thofe in great abundance which are likelied to taint both life and do6h'ine, cannot be fupprefled without the fall of learning, ami of all ability in difputalion, and that ihcfc books of either fort are moft and fooncft catching to the learned, (from whom to the common people whatever is heretical or diflblute may quickly be conveyed,) and that evil manners are as perfedlly learnt without books inathoufand other ways which cannot be flopped, and c^ II doctrine not with books can propagate, except a teacher guide, which he might alfo do without writing, and fo beyond prohibit- r - ' ing; 200 ii)g ; I :uii not able to unfold, how tills cautc'lout) cnlerprizo of Liccnfing can be exempted from the niuii- her of vain and inipoHibIc attempts. And he who were pleafanlly difpofed, could not well avoid to liken it to the exploit of that gallant man, who thought to pound- ip the crows by (liutting his park-gate. Jiefides aiiothe inconvenience, if learned n\ou be the firfl; re- ceivers out of books, and difpreaders jpoth of vice and crrour, how (hall the Licenfers thcnifelves be confided- in, unlefs we can confer upon them, or they aiTume to themfelves, above all others in the land, the grace of infallibility and uneorruptedn;.ri> ? And again, if it be true, that a wife man, like a good refiner, can gaihei gold out of the droflieft volume, and that a fool will be a fool with the bcft book, yea, or without any book i there is no reafon that we Hiould deprive a wife man of any advantage to his wifdom, while we feck to rcftrain from a fool that which, being retrained, will be no hin- derance to his folly. For, if there (hould be fo much exa£lnefs always ufed to keep that from him which i- unfit for his reading, we (hould, in the judgment, not only of Arifiotle, but of Solomon, and of our Saviour, not vouchfafe him good precepts, and by confcquencc not willingly admit him to good books } as being cer- tain that a wife man will make a better ufe of an idle pamphlet, tlian a fool will do of facred fcripture. It is next alledged, that we muftnot expofe our felves to temptations withoilt neceflity; and next to that, not employ our time in vain things. To both thefc objec- tions one anfwer will ferve, out of the grounds already laid, " that to all men fuch books are not temptations, nor vanities: but [to many are, ufcful drugs and materials wherewith to temper and compofe efFedivc and ftrong medicines, which man's life cannot want." The reft, I ! 1' 1 i. K ' >. i!':. ' '( ' LJ * ■ a ■'it: 1 * ft 18 ■vf l1fi \^ ■ .ft ' .^ •: ■!! :9^ 210 ;is cliildiLii and chilclKh mo?!, who have not the art to (jiialify and prepare thcfe workuig minerals, well may be exhortiul to forbear ; but hinderedforcibly they cannot be,byall the Licmfing that fainted Inquifilion eouldevcr yet contrive : whicli is what I promifcd to deliver next : that this order of I.icenfing conduces nothing to the end for which it was franicd j and halh almofl prevented nie, by being clear already, while thns much hath been explaining. See the ingenuity of Truth ! who, when flie gets a free and willing hand, opens herfelf farter than the pace of Method and Difcoiirfe can overtake her. It was the tafk which I began with, to Ihow that no Nation or \vell-in(litutcd State, if they valued books at ali, did ever ufe this way of Liccnfing; and it might be aurwcred, *' that this is a piece of Prudence lately dif- rovercd." To which I return, th'it, as it was a thing flight and obviftus to think-on, fo, if it had been diffi- OLiIt fo find- out, there wanted not among them long lincc, who fnggf.lkd fuchacourfe; which they not fol- lowing, leave us a pattern of their judgment, that it was . not "the not knowinii," but *Mhe not approving," which An cx^mi- - _ • • ^' iikdoii of was the eaufe of their not ufing it. Plato, (a man of say ipou high autlioiiiy indeed, but leall of all for iiis Com- ^lW^'^^2lk mon-.jealtb,) in the bv ok of his Laws, (which no City ih.'iepiit. t-vfiyct received,) led his fancy with making many Kdiits to his airy burgomallers, which they who other- wife adntire him, wi(h had' been rather buried and ex- ciifed in the genial cups of an academic night-(itting. By which laws he I'eenis to tolerate no kind of Learn- ing, but, by unalterable decree, confifting mod of prac- tical traditions, to the attaimnent whereof a library of ftnaller bulk than hi:^ own Dialogues would be abun< dant. And there alfo cnads, that no poet (hould fo niMch as read to any private man what he had written} - until th e VI «!i 211 imiil the .lucU'cr. and Law-keepers had fecn it, and al- lowed it. liuL that Plato meant this law peculiarly to ihat Coninioiuvcahli which he had imagined, and to no other, i.-j evident. Why was he notelfea lawgiver to hinifelF, hut a Iranfgn llor, and to he expelled hy his own magillralcs, hoth for the wanton epigrams and dialogues which he made, and his perpetual reading of Sophron, JVlimns, and Arillophanes, books of groflell infamy j and alfo for commending the lail'T of them, ^hough he wire the maliiious libeller of his chief friends,) to be read by the tyrant Dionyfins; who had little need of fiich tralh to I'penil his time on ? But that he knew ihis Licenfing of poems hai.1 reference and dcpendance to many other provifoes, there fct-down in his fancied Republic, which in this world could have no pKice; and fo neither he himfcif, nor any Magiltratc, or City, ever imitated that courfe, which, taken apart from thofc other coll.iteral injunctions, mult needs be vain and fruitlefs. For, if they fell upon one kind of ftridtnefs, unlefs their care were e(]ual to regulate all other things of like aptnefs to corrupt the mind, that fingle endeavour, they knew, would be but a fond la- bour; to flmt and fortify one gate againlt corruption, and be neceflitated to leave others round-about wide- open. If wc think to regulate printine;, thereby to rectify manners, we nuift regulate all recreations and paftimes, all that is delightful to man. No mufic mull be heard, no fong be fet, or fung, but what is grave and Doric. There mufl be Licenfing dancers, that no gefture, motion, or dej ortmcnt, be taught our youth, but what, by their allowance, (hall be thought horicft ; for fuch Plato was provided-of. It ^vill afk more than the work of twenty Licenlers to examine all the lutes, the violins, and guitars in every honfe; they muftnot be p -2 fuffered ■iill' f , .! m 212 futfercd to prattle as they do, but nuill be Licenfed what ihcy may fay. And who (hall filence all the airs and madrigals that whil'per foftnefs in chambers ? The windows alfo, and the balconies, muft be thought-on ; there arc ihrewd books, with dangerous frontifpieces, let to falej who (hall prohibit them ? fhall twenty Licen- cers ? The villages alfo muft have their vifitors to in- quire what Ic6lures the bagpipe, and the rebec, reads, even to the ballatry and the gamut of every municipal lidler; for thefe a'e the countryman's Arcadias, ancj his Monte Mayors. Next, what more national cor- ruption, for which England hears-ill abroad, than houfehold-gluttony ? who (hall be the redors of our daily rioting ? and what (hall be done to inhibit the multitudes, that frequent thofe houfes where drunken- iiefs is fold and harboured ? Our garments alfo fhould be referred to the Licenfing of fome more fober work- mafters, to fee them cut into a lefs wanton garb. Who (hall regulate all the mixed converfatron of our youth, male and female together, as is the fafhion of this country? Who (hall ftill appoint what (hall be difcourfed, what prcl'umed, and no further ? Laftly, who (hall forbid and feparate all idle refort, all evil company ? Thefe things will be, and muft be. But how they (hall be leaft hurtful, how leaft enticing, herein confifts the grave and governing wifdom of a State. To fcquefter out of the world into Atlantic and ^Utopian politics, which never can be drawn into ufe, will not mend our condition ; but to ordain wife- ly, as in this world of evil, in the midft whereof God hath placed us unavoidably. Nor is it Plato's Licenfing of books will do this, which necefTirily pulls along with it fo manyother kinds of Licenfing, as will make us all both ridiculous and weary, and yet fruftrate j but thofe unwritten, ^1.3 ) enfed le airs The t-on ; lieces, LJcen- lo in- reads, nicipal IS, an4 lal cor- , than of our libit the runken- o (houid ;r work- in garb. n of our i(hion of {hall be Laftly, all evil |)e. But inticing, loiTi of a intic and Lwn into lain wife- eaf God .icenfing ng with ike us all lUt thofe iwritten, unwritten, or, at leaft, unconftraining, laws of virtuous education, religious and civil nurture, which Plato there mentions, as the bonds and ligaments of the Com- monwealth, the pillars and the 4tiilainers of every written ftatute ; thefe they be, which will bear chief fway in fuch matters as ihefe, when all Licenfing will be eafily eluded. Impunity and rcmiflhefs, for certain, are the bane of a Commonwealth: But here the great Art lies, ** to difcern in what the law is to bid reftraint and punifliment, and in what things perfuafion only is to work " If every action which is good or evil in man at ripe years, were to be under pittance, prefcription, and compulfion, what were Virtue but a name ? what praife could be then due to well-doing ? what gramer- cy to be fober, juft, or continent ? Many there be that complain of Divine Providence for fuffcring i\dani to tranfgrefs. Foolifh tongues ! when God gave him reafon, he gave him freedom to choofe ; for reafon is but choofing ; he had been elfe a mere artificial Adam, fuch an Adam as he is in the motions *. We ourfelves efteem not of that obedience, or love, or gift, which is offeree. God thekcfore left him free, and fet before him a provoking obje«ft, ever alnioft in his eyes : herein eonfifted his merit, herein the right of his reward, the praife of his abftinencc. Wherefore did he create paf- fions within us, pleafurcs round about us, but that thefe, rightly tempered, arc thcvery ingredients of Vir- tue ? They are not Ikilful confiderers of human things, who imagine to Vemovc fin, by removing the matter of fin; for, (bcfides that it is a huge heap, increaf- ing under the very a6tof diminifhing,) though fome part of it may, for a time, be withdrawn from fomc per- fons, it cannot from all, in fuch a univerfal thing as books are; and, when this is done, yet the fin remains ^ That is, in puppet shews. p 3 Entire. \.n N.B< 'if^ m t , « f: ai4 V The Ordi- nance ag;ooks with nut a Li- ClMlSf, is J!ot iuflici- cnt to pre* entire. Though ve take from a covetous man all h^;* treafure, he has vet one jewel left ; ye cannot bereave him of his covetoufncfs. Banifli all objefts of luft; (hut-up all youth into the fevercft difciplinethat can be exercifed in any hermitage j ye cannot make them chafte, that came not thither fo : fuch great care and wifdom is required to the right managing of this point. Suppofe we could expel fin by this means ; look, how much we thus expel of fin, fo much we expel of virtue ; for the matter of them both is the fame : remove that, and yc remove them both alike. This juftifits the high Providence of God j who, though he commands us temperance, juftice, continence, yetpou-s-out before us, even to n profufenefs, all dcfirable things, and gives us minds that can wander bevond all limit and latiety. Why Ihould we then affeft a rigour contrary' to the manner of God and of nature, by abridging, or fcanting, thofe means, which books, freely permitted, arc, both to the trial of virtue, and the exercife of truth ? It would be better done, to learn that the law niuft needs be frivolous, which goes to reftrain things, un- certainly, and yet equally, working to Good and to Evil. And, were I the choofer, a dram of well-doing (hould be preferred * before many times as much the forcible hinderance of evil-doing. For Gnd, fure, cfteerosthe growth and compleating of one virtuous perfon, more than the reflraint of ten vicious. And, albeit whatever we hear or fee, fitting, walking, travelling, or con- verfing, may be filly called our book, and is of the fame eflc6l that writings are ; yet, grant the thing to be j)ro- hibitcd were only books, it appears that this Order hi- therto is far infufilicient to the end which it intends. • TJiis sentiment agrees with that whicli is expressed by Ilorarc in tlic two followino verses: Odcrnnt peccarc Boni virlutis aniorc ; I'n nihil admittes jn tc foriiiidine poena;. Do 2ib I ill hH iereavc f luft; can be them ire and point. c, how virtue; je that, he high incls «s jfore »s, gives us iatiety. y to the fcanting, re, both ith? It aw nnift ngs, un- .1 to Evil, g {honW ; forcible eems the [on, more whatever or con- the fame obc i)ro- Order hi- intcnds. Ipressvd by Do we not fee, not once or oftener, but weekly, tjmt vcni ii-.e continued Court-libel againd the Parliament and City, sj 1 1 ous printed, (as the wet (heets can witnefs,) and difperfed tn,'.j^,i, thai among us, for all that Lic€nfing can do ? Yet this is ^^^^J^^Jj^^, the prime fervice, a man would think, wherein this Or- reason for • . , nuiking it. cler Ihould give proof ot itlelf. "If :t were executed, you will fay. But certain, if execution be remifs, or blindfold, now, and in this particular, what will it he hereafter, and in other books ? If then the order (hall not be vain and fruftrate, behold a new labour, Lords and Commons ! ye mud rejH.*al and profcribe all fcan- dalous and unlicenfed books already printed and divulg- • ed : after ye have drawn them up into a lift, that all may know which are comdemned, and which not ; and [ye muft] ordain that no foreign books be ddiverrd out ofcuftody, till they have been read-over. This office will require the whole time of not a few ovcrfcers, and thofe no vulgar men. There be alfo books which arc partly ufeful and excellent, partly culpable and perni- cious ; this work will alk as many more Officials, to make expurgations and expun«Slions, that the com- t^, ^^y^]^c ^^ menwealth of learning be not damnified. In fine, effectual, u ° ^ must be when the multitude of books increafes upon their hands, formed ye muft be fain to catalogue all thofe printers who are upon the found frequently offending, and forbid the importation Jj^cLicen- of their whole (ufpeAedtvpoffraphv. In a word, that ^'"ff o"^^'- ^ , , . nances of this your Order may be exa6t, and not deficient, ye thcinquis- muft reform it perfe£lly according to the model of '°"" Trent and Scvil ; which, 1 know, ye abhor to do. Yet, though ye (hould condefcend to this, (which God for- bid!) the Order ftill would be but fruitlefs and defe6live These res- to that end whereto ye meant it. If to prevent fe^ls J[S^e"|by" and fchifms, who is fo unread, or uncatechiled, in ftorv of '^^^ press that hath not heard of many fe6\s refufing books as a prevent the hindrance, and prcferving their doctrine unmixed, for|e°7san°a P4 many ; I*/' (I t: \'\ 15 ■hi fe fv. '^^;4' h ' a- 3 t : . 916 }^. i 1 i m ■I H HJt, ■! ri Scliisnis, inanvarrt's, only by unwritten traditions ? The chirif. nor contri- i q ' } J bute to the tian faith, (for that was once a Schifm !) is not nn- mcnt of the known to havc fprend all over A fi a, ere any Gofpet or Sc'lTcop!? Ep^ft'c was feen in writing. If the amendment ofman- ners be ainicd-at, look into Italy and Spain, whether thofc places be one fcruple the better, the honcfter, the wifer, the charter, fince all the Inquiiitional rigour that hath been executed upon books. It is almost Another reafon, wherebv to make it plain that this impossible . . ' to find per- Order will mifs the end it feeks, confidcr by the quali- ' lyquahfied ^Y which ought to be in every Licenfer. It cannot be tobeiicen- jgj^jpj^ but that he who is made judge to fit upon \viii undei- the birth or death of books, whether they may be take the of- r , , , . , . fico. wafted into this world or not, had need to be a man, above the common meafure, both ftudious, learned, and judicious : there may be clfe no mean miftakes in the cenfure of what is paflable, or not ; which is alfo no mean injury. If he be of fuch worth as behoves him, there cannot be a more tedious and unpleafing journeywork, a greater lofs of lime levied upon his head, than to be made the perpetual reader of uncho- fen books and pamphlets, oft-iimes huge volumes. There is no book that is acceptable, unlefs at certain feafons ; but to be enjoined the reading of that at all times, and in a hand fcarce legible, whereof three pages would not down at any time in the faireft print, is an ' impofition which I cannot believe how he that values time, and his own ftudies, or is but of a (tnftble nof- tril, (hould be able to endure. In this one thing I crave leave of the prefent Licenfers to be pardoned for fo thinking ; who, doubtlefs, took this office up, look- ing on it through their obedience to the Parliament ; vvhofecomniand, perhaps, made all things feem eafyand unlaborious to them. But that this (hort trial hath wearied them out already, their own cxpreflions and cxcuies, m. 217 , excufes, to them who make fo many journeys to follicit their Licence, arc teftimony enough. Seeing therefore that thofe who nowpoflefs the employment, by all evident figns, wi(h themfelves well rid of it, and that no man of worthy none that is not a plain unthrift of his own hours, is ever likely to (ucceed them, except he mean to put himfelf to the falarj of a prefs-corrcclor ; we may eafily forefee what kind of Licenfers we are to expe6t hereafter; cither ignorant, imperious, and rcmifs, or bafely pecuniary. This is what I had to fliovv, wherein this Order cannot conduce to that end, whereof it bears the intention. I laftly proceed from the no good it can do, to the manifejl hurt it caufcs, in being, firft, the greatcft dif- couragement and affront that can be offered to Learning and to Learned men. It was the complaint and lamenta- tion of Prelates, upon every the leaft breaih of a motion to remove Pluralities, and diftribute more equally the Church-revenues, " that then all Learning would be for ever dafhed and difcouraged." But as for that opinion, I never found caule to think, that the tenth part of Learning flood, or fell, with the Clergy : nor could I ever but hold it for a fordid and unworthy fpeech of any Churchman, who had a competency left him. If there- fore ye be loth to difliearten utterly and difconte.., not the mercenary crew of falfe pretenders to learning, hut the free and ingenuous fort of fuch as evidently were born to ftudy and love Learning for itfelf, not for lucre, or any other end, but the fervice of God and of Truth, and perhaps that lafting Fame and perpetuity of praife, which God and good men have confented (hall be the reward of thofe, whofe pubiiflied Labours ad- vance the good of mankind ; then know, that fo far to diftrufl: the judgment and the houefty of one who hath ■■ 1i The Ordi- nance against printing books with- out a li- cense, is a great dis- courage- ment to Learning and Learn- ed men. .1. ,-« ' ':■ Cf t^ ; mam h' Ji ■|H r ■ii : |?ij ii^ Hi !!il N.B. ■i»y> N.B. l-ilS harh but a common rcputi; in learning, and never yot. oflfcnded, as not to count him fit to print his mind without a Tutor and Examiner, loft he (hould drop a fchifm, or fomething of corruption, i^ the greateft dii- pleafure and indignity to a free and knowing fpirit, that can he put upon him. What advantage is it to be a man, over it is to be a boy at fchool, if w c have only efcaped the ferula, to come under the fefcue of an Imprimatur } If forious and elaborate writings, as if they were no more than the theme of a grammar-lad under his pedagogue, muft not be uttered without the curfory eyes of a temporizing and extemporizing Licenfer ? He who is not Iruftcd with his own anions, his drift not being known lo he evil, and ftanding to the hazard of law and penalty, has no great argument to think himfclf reputed in the commonwealth where- in he was born, for other than a fool or a foreigner. When a man writes to the world, he fummons-up all his reafon and deliberation to aflift him ; he fearches meditates, is induftrious, and likely coniults and con- fers with his judicious friends ; after all which done, he takes himfelf to be informed in what he writes, as well as any that writ before him ; if in this, the moft confummate aft of his fidelity and ripenefs, no years, noinduftry, no former proof of his abilities, can bring him to that flatc of maturity, as not to be ilili mif- trufted and fufpefted, unlefs he carry all his confide- rate diligence, all his midnight watching, and expenfe of Palladian oil, to the hafty view of an unleifured Licen- fer, perhaps much his younger, perhaps far his inferior in judgment, perhaps one who never knew the labour of book-writing ; and, if he be not rcpulfed, or (lighted, muft appear in print like a puny with his Guardian, and his Cenfor's hand on the back of his title. 219 title, to be \m bail and furety, that he is no idoot or fcduccr ; it cannot be but a diHionour and derogation to the author, to the book, to the privilege and digni- ty of Lrarning. And what if the author (hall be one fo copious of fancy, as to have many things, well worth the adding, come into his mind after Liceiifing, while the book is yet under the prcfs, (which not fddom happens to the heft and ililigcntert writers ;) and that perhaps a dozen timts in one book ? The printer dares not go beyond liis Liccnfcd copy j fo often then muft the author trudge to his Leave-giver, that thofe his new iufcrtions may be viewed } and many a jaunt will be made, 'ere that Licenfer, (for it nuj(l be the fame man,) can cither be found, or found at lei lure. Mean while either the prefs muft ftand ftiil, (which is no fmall damage,) or the author lofe his accurateft thoughts, and fend the book iorth worfe than he had made it j which to a diligent writer is the grcatcft melancholy and vexation that can befall. And how can a nmn leach with authority, which is the life of teaching; how can he be a do6lor in his book (as he ought to be, or elfe had better be filent,) whenas all he teaches, a!l he delivers, is but under the tuition, under the corrcdion of his patriarchal Licenfer, to blot or alt(!r what precile- ly accords not with the hide-bound humour which he calls his judgment ? When every acu'e reader, upon the firft fight of a pedantic Licence, will be ready, with thefelike words, to ding the book a coil's diftance from him, " I hate a pupil teacher, I endure not an inftrujStor that comes to me under the wardship of an over-feeing fift. I know nothing of the Licenfer, but that I have his own hand here for his arrogance ; who (hall warrant me his Judgement ?" '* The Slate, fir," replies the ftationet : but has a quick return, " the State (hall N. B. N. B. %l IM^. I'' ^J^'^^^yM !% I 'i'i<* t li ■i i^: f a ', i' . II rtiall be my Governor.^, bul not my Criiics ; they may be mlAaken in ihc choice uf a Liccnfer, as eaiilyas ihi» Licenfer may be millaken in an aulhor. This is fomc ■ common duff*;" and he might add from fir Francis Bacon, ihat ^* fiich authorized books are but the Ian* N. B. guage of Jhc times." For, though a Licenfer (hould happen to'be judicious mure than ordinary, (which will be a great jeopardy of the next fucceflion,) yet his very office, and his commiflion, enjoins him to let pafs nothing but what is vulgarly received already. Nay, which is more lamentable, if the work of any deceafed author, (though never (o famous in his lifetime, and even to this day,) comes to their hands for Licence to be printed, or reprinted, if there be found in his book one fentence of a venturous edge, uttered in the height of zeal, (and who knows whether it might not be the didlate of a divine fpirit ?) yet not fuiting with every low, decrepit, humour of their own, (though it were Knox himfelf, the reformer of a kingdom, that fpake it,) they will not pardon him their daflij the fenfe of that great man (hall to all poflerity be loft, for the fearfulnefs, or the prefumptuous rafhnefs, of a per- functory Licenfer. And to what an author this violence hath been lately done, and in what book of greateft confequence to be faithfully publilhed, I could now inftance, but (hall forbear till a more convenient feafon. Yet, if thefe things be not refented ferioufly and timely by them who have the remedy in their power, but that fuch iron-moulds as thefe (hall have authority to gnaw -out the choiceft periods of exquifiteft books, and to commit fuch a treacherous fraud againft the orphan remainders of worthieft men after death, the more forrow will belong to that haplefs race of men, whofe misfortune it is to have underflanding. Hence- forth \i!i rt'.i-; 1i l>i) h 221 forth let no man care to I'jarn, or care to be more than worldly-wise ; for, certainly, in higher nuuters to be ignorant and (lothful, to be a common, ftcadfaft, dunce, will be the only pleafant life, and only in rcqueft. And, as it is a particular difeftetm of every knowing T^is res- perfon alive, and moft ininrious to the written labours |fiii'»t '" an and monuments of the dead, fo to me it feems an oHcrc, ♦ f 'ill I) t r ii i^-if-'j It is also a \- r now well-nigh made all other books unfalcahic, (hoiild not be armour enough againd one fniglc Enrhirulion, without the caftle of St. Angelo of an Imprimatur. And, left fome (houlJ perfuade ye, Lords and Coni- monSj that thefc arguments of learned men's difcou- ragement at this your Order are mere flouri flies, and not real, I could recount what I have fecn and heard in other countries, where this kind of Inquifition tyrannizes 3 when I have fat among their learned men, (for thit honour I had,) and been counted happy to be born in fuch a place of Philofophic free- dom, as they fuppofed England was, while themfelves did nothing but bemoan the fervile condition into which Learning amongft them was brought; — that this was it which had damped the glory of Italian wits ; — that nothing h:id been there written now thcfe many years but flattery and fuftian. There it was that I found nnd vifited the famous Galileo, grown-old, a priloner to the Inquifition, for thinking in Aftronomy otherwifethan the Francifcan and Dominican Licenfers thought. And, though I knew that England then was groaning loiuiift under the Prelatical yoke, neverthe- lefs I took it as a pledge of future happinefs, that other nations were io perfuaded of her Liberty. Yet was it beyond iny hope, that thofe worthies were then breathing in her air, who (hould be her leaders to fuch a deliverance, as fliall never be forgotten by any revolution of time that this world hath to finifh. When that was once begun, it was as little in my fear, that what words of complaint I heard among learned men of other parts uttered againft the Inquifi- tion, the fame I (hould hear by as learned men at home uttered in the time of Parliament againft an Order of Licenfingj and that fo generally, that, when I ♦ _ had 1 1 The Iciiru- cfl men of Italy la- mi'iitei! the rcsiniints uinm llii- libiTty i)f the picss whirh thty laboured under, anl i :i mm* !■ 'iM. ' ^■^ ' S-q '- .'*■ J4 •:t ■ f't ^•|' mi -}^ M v» ■. m'm ^i m it l?^ ■-. - 23<> twenty j the t'rtvilege of the peopfe nulfified j andl (whinh is worfe,) the freedom of Learning mufl groan again, and to her old fetters : all this, the Parliament yet fitting. Altheugb their own- late arguments and defences againil the Prelates might remember them, that this ob(lru£ling violence meets, for the moil part,, with an event utterly oppofite to the end which it 4trves>at t iudead of fupprefling SeAs and Schifms, it raifes them, and inveds them with a reputation r ** the punilhing (»f wits enhances their authority," faith the Vifcount St. Albans ; " and a forbidden writing i» thought to be a certain fpark of truth, that flics-up in the faces of them who feek to tread it out.*' This Order therefore- may prove a nurfing-mother to Sefts t but t (hall eafily ffiow how it will be a flep-dame to truth : and, firi^, by difenabling us to the maintenance of what is known already. The pre- Well knows he who*u{b9:txi grounds on heretic in the truth ; and if he believe things only fcullt.*' " '* becaufe his pallor fays fo, or the aflembly fo determines, without knowing other reafon, though his belief be true, yet the very truthi he holds becomes his hercfy. There is not any burden, that fome would gladlier poft- oflf to another, than the charge and care of their religi> on. There be, — who knows not that there be ? of proteftants and profeflbrs, who live and die in as errant Adescrip- an implicit faith, as any lay-papift of Loretto. A tMurious wealthy man, addidcd to his pleafure and to hi< UkToSt profits, finds religion to be a trafllic fo entangled, and Qf 227 % groan liament int» and r them, oft part^ ;hich it lifms, it [iv**the faith the riling i» ics-up in ." This to Seas i )-dame ta .intenance L our faith U as our in fcrip- flow not a muddy may be a ings only iiermineS) belief be is herefy. idlierpoft- leir religi- be? of \\ as errant retto. A id to hi* iglcd, and of clergy ouuit •f fomany piddling accounts, that, of all myfterles, he "•*"'"* cannot (kill to keep a (lock going upon that trade, in mitten What (hould he do? Fain he would have the name ^o|hed^«- to be religious j fain he would bear-up with his neigh- J^^IJ^I^ hours in that. What does he, therefore, but refolves to give-over toiling, and to find himfelf out fome fador, to whofe care and credit he may commit the whole managing of his religious affairs j fome divine of note and eftimation that muft be. To him he adheres, refigns the whole warehoufe of his religion, with all the locks and keys, into hii cuftody; and indeed makes the very perfon of that man his religion; rdeems his affociatinor with him a fufficient evidence and commendatory of his own piety. So that a man may fay his religion is now no more within himfelf, but is become a dividual moveable, and goes and comes near him, according as that good man fre" quents the houfe. He entertains hin, gives him ''is. feafts him, lodges himj his religion comes J T J at night, prays, is liberally fupped, and fumptu- oufly laid to deep ; rifes, is faluted, and after the malmfey, or fome well-fpiced bruage, and better breakfafled than he whofe morning-appetite would have gladly fed on green figs between Bethany and Jerufa* lem; his religion walks-abroad at eight, and leaves his icind entertainer in the (hop, trading all day without his religion. Another fort there be, who, when they hear that all things (hall be ordered, all things regulated and fet- ourward A general tied; nothing written but what paflTes through the arUingfrom cuftom-houfe of certain publicans, that have the ton- anTiUdS naging and poundaging of all free-fpoken truth ; will '*^''"iJ5"** (iraighl give themfelves up into your hands ; make them with an in and cut them out what religion ye pleafe : there be matt7ro»*f'" « 2 recreations 228 ]i'^ n if religion, recreations and jolly pailimcs, that will fetch the da^ about from fun to fun, and rock the tedious year as in cons And the Clergy will prow igno- rant of the true ffl^"rcs-''^ a delightful dream. What need they torture their traint upon heads with that which others have taken, fo ftri6\ly, the liberty _ , . cfthepress, and fo unalterably, into their o'vn pvirveying? Thefe Laiety^; are the fruits, which a dull eafe and ceflation of our knowledge will bring-forth among the people. How goodly, and how to be wiftied, were fuch an obedient unanimity as this ? What a fii.e conformity would it ilarch us all into ? Doubllcfs a (launch and folid piece of frame-work, as any January could freeze-toge- ther. Nor much better will be the confequence even among the Clergy themfelves. It is no new thing never heard-of before, for a parochial minifter, who has his grounds of reward, and is at bis Hercules Pillars in a warm bene- ' * fice, to be eafily inclinable, if he have nothing clfe that may roufe-up his (Indies, to linifli his circuit in an Englifh concordance and a toj)ic Folio, the gather- ings and favings of a fober graduatcfliip, a Harmony and a Catena, treading the conllant round of certain common do6lrinal heads, attended with their ufes, motives, marks and means ; out of which, as out of »n alphabet, or Sol Fa, by forming and transforming, joining and disjoining varioufly, a little book-craft, and two hours meditation, might furni(h him unfpeakably to the performance of more than a weekly charge of fcrmoning : not to reckon-up the infinite helps of in- terlinearics, breviaries, fynopfes, and other loitering •: ■ gear. But, as for the multitude of fermons, ready-print- ed and piled-up, on every text that is not difficult, our London trading St. Thomas in his veftry , and add to hoot St. M4rlin and St. Hugh, hfive not within their hallowed limits more vendible ware of all forts ready- made; ■ti . >■> ■J 1. 229 he (ky ar as in re tbe'ir ftriaiy, Thefe 1 of our . How obedient y would ,nd folid ;ze-togc- ice even ing never o has his irm benc- ihing clfe circuit in le gather- Harmony of certain heir ufes, as out of sforming, craft, and iifpeakably charge of ilps of in- loitering ady-print- Kcult, our and add to thin their orts ready- made; made : fo that penury he never need fear of pulpit-pro-' vifion, having where fo plenteoufly to rcfrefti his ma- gazine. But, if hi? rear and flanks be not impaled, if his back-door be not fecurcd by the rigid LicenftT, but that a bc.ld book uitiy now and then ilTue- forth, and give the aflault to fome of his old colle<$lions in the trenches, it v/ill concern him then to keep waking, to fland in watchj to fet good guards and fentinels about his received opinions, to walk the round and counter- round with his fellow-inrpetStors, fearing left any of his ftwck be fcduccd, who alfo then would be better in-, ftructcd, better exercifcd and difciplined. And God fend lh.it the fear of this diligence, which muft then be ufed, dj not make us affi.61 the lazinefs of a Licenfing church ! For, if we be fure we are in the right, and do not hold the truth guiltily, which becomes not; — if wc ourfelvcs comdemn not our own weak and frivolous teaching, and the people for an untaught and irreligious, gadding, rout; what can be more fair, than, when a man judi- cious, learned, and of a confcience, for aught we know, as good as theirs that taught us what wc know, {hall, not privily from honfc to houfe, (which is more dange- rous,) but openly by writing publifh to the world what his opinion is, what his rcafons, and wherefore that which is now thought cannot be found ? Chrift urged it, as wherewith to juftity himfclF, ** that he preached iri public;" yet writing is more public than preaching; and more cafy to refutation, if need be, there being fo many whofe bufinefs and profeflion merely it is to be the champions of truth ; which if they neglect, what can be imputed but their flolh or onability ? Thus much we are hindered and difmurcd, by this courfe of Licenfmg, toward the true knowledge of what we feem to know. For how much it hurts and hiiul- 93 cr» f •iM ■ iWi ■ ■ ■■. li,i' 230 :l ii iW ij! We ought never to de« sist from our inqui- ries after truth, from a vain opi- nion that we have compleatly attained to tn the Licenfers themfelves in the calling of their mi- niftry, more than any fecular employment, if they will difcharge that office as they ought, (fo that of ne- ceility they mud neglc6^, either the one duty or the other i) I infift not, becaufe it is ? particular ; but leave it to their own confcience, how they will decide it there. There is yet behind of what T purpufed to lay-open, the incredible lofs and detriment that this plot of Li- cenfing puts us to, more than if fome enemy at fea fhould ftop-up all our havens, and ports, and creeks; it hinders and retards the importation of our richeil merchandize. Truth : nay, it was fird eftabliflied and put in practice by Antichridian malice and mydery on fet purpofe to extinguifli, if it were podiblc, the Light of Reformation, and to fettle Falfehood ; little differing from that policy wherewith the Turk upholds his Al- coran, by the prohibiting of printing. It is not de- nied, but gladly confeded, we are to fend our thanks and vows to Heaven, louder than mod of nations, for that great meafure of Truth which we enjoy, efpeciai- ]y in thofe main points between us and the Pope, with, his appurtenances, the Prelates : but he who thinks we are to pilch our tent here, and have attained the ut- mod profpeft of reformation, that the mortal glafs wherein we contemplate can ftiow us, till we come to beatific vifion j that man by this very opinion de- clares, that he is yet far (hort of Trulh. Truth indeed came once into the world with her di- vine madcr, and was a perfeft ftiape mod glorious to look-on : hut when he alccndcd, and his Apodles after him were laid-afleep, then draight arofe a wicked race of deceivers, who (as that dory goes of the Egyptian Typhon with his confpirators, how they dealt with the good t»l good Oryriflj) took the virgin Truth, hewed her lovely form into a thoufand pieces, and fcattered them to the four winds. From that time ever fince, the fad friends of Truth, fuch at durd appear, imitating the careful fearch that Ifis made for the mangled body ofOiiris, went up and downgathering'uplimbhy Iimb,fiill as they could find them. We have not yet found them all. Lords and Common5, nor ever (halt do, till her Maf* ter*s fecond coming; He (hall bring-together every Joint and member, and (hall mould them into an im- mortal feature of lovelinefs and perfc£ltion. iSuffer not thefe Licenfing prohibitions to (land at every place of op- portunity forbidding and difturbing them that continue feeking, that continue to do our obfequies to the torn body of our martyred faint. We boaft our light ; but if we look not wifely on the fun ttfelf, it fmites us into darknefs. Who can difcern thofe planets that are oft combuft, and thofe (lars of brightcft magnitude that rife and fet with the fun, until the oppoiite motion of their orbs bring them to fuch a place in the firmament, ■ where they may be fcen evening or morning ? The light which we have gained, was given us, not to be ever ftaring-on, but by it to difcover onward things more remote from our knowledge. It is not the un- frocking of a pried, the unmitring of a bifhop, and the removing him from off the prcfbytcrian (houlders, that will make us a happy nation ; no, if other things as great in the church, and in the rule of life, both oeconomical and political, be not looked-into and re- formed, we have looked fo long upon the blaze that Zuinglius and Calvin have beaconed-up to us, that we are rtark-blind. There be who perpetually complam of Schifms and S(.-6ts, and make it fuch a calamity, that »ny man dllTents from their maxims. It is their own a 4 prid^ .1 >« w a ?f<. ■ . . •:' .*i "l m 233 im pride and ignorance which caufes the difturhing; who neither will hear with niceknefs, nur can convince : yet all mull be fupprefTed which is not found in their Syntagma. They are the troubicrs, they are the divi- ders of unity, who neglect and permit not others to \mite thofe diflevered pieces, which are yet wanting to the body' of truth. To be ftill fearching what we know not, by what we know, dill cloHng-up truth to truth as we find it, (for all her body is hoqiogeneal, and proportional) this is the golden rule in theology as well as in arithmetic, and makes-up the befl harmony in a a church j not the forced and outward union of cold, and neutral, and inwardly 'divided, minds. The En Lords and Commons of England ! confider what Na- lish nation tion it is whereof ye are, and whereof ye are the go- was always . ■' " remarkable vcmors: a nation not ilow and dull, but of a quick, in- loveo^f"^ genious, and piercing fpirit; acute to invent, fuhtile *"d h^-'^' and finewy to difcourfe j not beneath the reach of any diligence point, the highefl that human capacity can foar-to. pursuit of Therefore the (Indies of Learning in her deepeft Sciences truth, j^j^yg beenfo ancient, and fo eminent, among us, that writers of good antiquity and able judgment have been perfuaded, that even the fchool of Pythagoras, and the Perfian wifdom, took beginning from the old Philofophy of this illand. And that wife and civil Ro- man, Julius Agrirola, who governed once here for Csefar, preferred the natural wits of Britain, before the laboured ftudies of the French. Nor is it for nothing that the grave and frugal Tranfdvanian fends out year- ly from as far as the mountainous borders of Ruflfia, and beyond the Hercynian wildcrnefs, not their youth, but their (laid men, to learn our language, and our Thc- plogic arts. Yet that which is above all this, the fa- YQUf and the love of Heaven^ we have great argument 2:13 to think in a peculiar manner prop*i'*ons and propenc!- ing towards us. Why clfe was this nation chofcn be- fore any other, that out of her, as out of Sion, fliould be prochiimed ajid foundcd-forth the fitft tidings and trumpet of Reformation to all Europe ? And had it not been the obftinate perverfenefs of our Prelates ;tgainft the divine and admirable fpirit of Wiekliff, to fuppr^.s him as a Schlfmatic and Innovator, perhaps, neither the Bohemian Hufle and Jerom, no nor the name of Luther or of Calvin, had been ever known : the glory of reforming all our neighbours had been completely ours. But now, as our obdurate Clergy have with violence demeaned the matter, we are be- come hitherto the lateft and the backwardcil fcholars [of ihofe] of whom God offered to have made usthe teachers. Now once again, by all concurrence of figns, and by the general in(lin£t of holy and devout men, as they daily and folemnly exprefs their thoughts, God is de- creeing to begin fome new and great period in his church, even to the reforming of Reformation itfelf ; what does he then but reveal himfclf to his fervanl.-, and, as his manner is, firft, to his Engliflimcn? I fay as his manner is, firft to us, though we mark not the method of his counu;ls, and are unworthy. Behold t^on'^^^^ihe now this vaft city: a city of refuge, the manfion- =^'"-»* "'•'* houfe of liberty, encompafled and furrounded with bis ^vith which prote fieinLon- incurfions round, defiance and battle oft rumoured to ihou'gh in be marehing-up,cven to her walls and fuburb-trenches; warTnti^ that then, the people, or the greater part, more than diingcf, and at Oilier lip.ies, wholly taken-up with the ftudy of Mtappiica- higheft and moft important matters to be reformed, I'uMncs'sof fl'ould be difputing, reafoning, reading, inventing, dif- ret'oi Illa- tion, are prcnfsof tfitir confi' "-"» 'O own mild, and free, and humane governnjcnt j it is the 'ariia- thc Liberty, Lords and Common' which your own valorous and happy counfcls have pi.; .iufcd us j Liber- ty, which IS the nurfe of all great wits: This is that which hath rarefied and enlifMitcned our fpirits like the influence of Heaven : '^I'iiis is that which hath enfranchifed, enlarged, and lifted-iip our apprehenfions f-'egrees above themfclves. Ye cannot make us now kfs N.B. iiikiit. N.B. I K ■ -^^ ^;'•; :t:M ?■ •' ■mm Ik ^38 -f, If Icfi capable, lefs knowing, Icfs eagerly purfuing of the truth, unlcfs ye Rvil make yourfdves, that made us fo, lefs tlie lovers, lefs the founders, of our true Liberty. We can grow ignorant again, brutifh, formal, and flavifli, as ye found us; but you then mud, firll, become that which ye cannot be, oppreflive, arbitrary and tyrannous, as they were from whom yc have freed us. That our hearts are now more capacious, our thought^ more eredtcd to the fcarch and expectation of greateft and cxa6teft things, is the iflue of your own virtue propagated in us ; ye cannot fupprefs that, unlcfs ye re-inforcc an abrogated and mercilefs law, that fathers may difpatch at will their own children. And who Ihall then (lick clofed to ye and excite others ? Not he who takes-up arms for coat and condudt, and his four nobles of Danegelt. Although I difpraife not the de- fence of juft immunities, yet love my peace better, if that were all. Give me the liberty to know, to utter, and to argue freely according to confcience, above all liberties. "What would be bcft-advifed then, if it be found fo hurtful and fo unequal to fupprefs opinions for the newnefs, or the unfuitablenefs to a cuftomary accept- ance, will not be my talk to fay ; I (liall only repeat worthy what I have learned from one of your own honourable was'of opf number, a right-noble and pious Lord, who had he not nion that facrificed his life and fortunes to the church and com- dittrrent Sectso^'eli- monwealth, we had not now niifled and bewailed a tobetole'ra- Worthy and undoubted patron of this argument. Ye ^' know him, I amfure; yet I, for honour's fake, (and may it be eternal to him !) (hall name him, the Lord Brook. He, writing of Epifcopacy, and, by the way, treating of Sc6ls and Schifms, left ye his vote, or, rather now, the laft words of his dying charge, which I know will ever be 23d g of the Ic US fo, Liberty. ia1> and , become ■ary and freed us. thought^ f greateft rn virtue unlcfs ye at father* And who ? Not he i his four :)t the de- better, if , to utter, above all found fo Is for the •y accept- ily repeat inourable lad he not and com- lewailed a lent. Ye (and may Ird Brook, sealing of now, the will ever be be of dear and honoured regard with ye, fo full of nieeknefs and breathing charity, that, next to His laft tedament who bequeathed Love and Peace to his dif- ciples, I cannot call to nund where I have read, or heard, words more mild and peaceful. He there ex- horts us ** to hear with patience and humility thofe, (however they be mifcalled,) that defire to live purely, in fuch a ufe of Go vcrfary into the plain, offers him the advantage of wind aiKl fun, if he pleafe, only that he may try the matter by dint of argument j for his opponents then to fculk, to lay ambuflimcnts, to keep a narrow bridge of Liccnfing where the challenger fliould pafs, though it be valour enough in foldierOiip, is but weaknefs and cowardice in the wars of Truth. For who knows not that Truth is ftrong, next to the Almighty ? (he ncedij no policies, nor (Iratagcms, nor licenfings, to make her vi(Slorious : Thofe are the fliifts and the defences that Error ufes again ft her power j Give her but room, and do not bind her \\hon flic fleeps : for then file fpeaks not true, (as the old Proteus did, who fpake oracles only when he was caught and boundj) but then rather fiie turns herfelf into ail fiiapes, tx* cept her own, and perhaps tunes her voice accDrduig to the time, (as Micaiah did before Ahab,) until ftie be adjured into her own likenefs. Yet is it not impoOi- ble that (he may have more fliapes than one. What elfe is all that rank of things indifferent j wherein Truth may be on this fide, or on the other, without being unlike herfelf? What but a vain fliadow elfe is the abolition of " thofe ordinances, that hand-writing nailed to the crofs ? what great purchafe is this Chrilli- an liberty which Paul fo often boafts of ? Hisdoc- tiine is, that he who cats or eats not, regards a day or regards it not, naydo either to the LorJ. How many 'jlher things might be tolerated in peace, and left to coufciencf, but by le hard- ath fur- drawn- 'cattered t his ad- itage of try the Ills then iw bridge though it icnefs and lows not (he needs to make e del'encL'S her but eeps : for did, who d hound,) »apes, tx- accorduig ntll Hie be t impofli- What rem Truth lout being elfe is the nd-writing is Chrilli- His doc- Is a day or [low nvauy and left to confcicncc, 241 Conftience; had we but charitV) and were it not this chief ftrong- hold of our hypocrify to be ever judging one another ? I fear yet this iron yoke of outward conformity b choofes not as man choofes^ left we (hould devote our- felves again to fet-places, and aflembiies, and outward- callings of men ; planting our faith one while in the old Convocation-houfe, and another while in the Cha. pel at Weftminfter; when all the faith and religion that (hall be there canonized, is nut fufficient without plain convinccment. and the charily of patient inftruc- tion, to fupple the leaft bruife of confcience, to edify themeaneft chriftian, who de(ires to walk in the fpirit, and not in the letter of human trufl, for all the number of voices that can be there made ; no, though Harry the Seventh himfelf there, with all his liege tombs about him, (hould lend them voices from the dead to fwell their number. And, if the men be errone* ous who appear to be the leading Schifmatics, what withholds us but our floth, our felf will, and diftruft in the right caufe, that we do not give them gentle meet- ings and gentle dismilTions} that we debate not, and exa« mine the matter thoroughly, with liberal and frequent audience ; if not for their fakes, yet for our own ? See- ing no man who hath tafted learning, but will confefs the many ways of profiting by thofe who, not content- ed with dale receipts, are able to manage and fet-forth new pofitions to the world. And, were they but as the dud and cinders of our feet, fo lone as in that notion they may yet ferve to polifli and brighten the armoury of truth, even for that refpedl they were not utterly to be caft-away. But, if they be of thofe whom God hath fitted for the fpecial ufc of thefe times, with eminent and ample gifts, and thofe, perhaps, neither among the priefts, nor among the Pharifees, and we in B 2 the . i: bit ll «»'• S»4 I Several of the I'rcsby- terian ministers themselves, the hade of* a precipitant 2eal fliall make no tllftinc* tion, but refolve to (lop their mouths, becaufe we fear they come with new and dangerous opinions, as we* commonly forejudge them, ere we underftand them j no lefs than woo to us, while, thinking thus to defend the Gofpel, we arc found the perlccutors ! There have been not a few fm«e the beginning of this Parliament, both of the Prefbytery and others, who by their imlicenfed books, to the contempt of an Impri- di(j eminent piatur. fiift broke that triple ice cluuj; about our hearts* service to ' i o the Pubiick, and tanj»ht the people to fee dav : I hope that none of atthe be- , - ° . ' ' , ' ... thinning of thoFc were the perfuaders to renew upon us this bon- meii'trby ^^s^* which they themfelves have wrought fo much bnid'*h "^ good by contemning. But, if neither the check that useful, Mofes gave to young Jofliua, nor the countermand out Liccn^ which our Saviour gave to young John, (who was fo fempu-f°hu ""^^^''y to prohibit ihofc whoHi he thought unlicenfed,) iawsconccr- })e cnouQfh to aduionifli our ciders, how unaccepta- *HK tiirn h!c to God their tcfly mood of prohibiting is ; if neither " their own remembrance, what evil hath abounded in tl>e church by this Ictl of Licenfing, and what good they themlclvcs have begun by tranfgrcfling it, be not enough, but that they will perfuade and execute the tiv)(l Dominican part of the Inquidtion over us, and r.re already with one foot in the ftirrup, fo active at ftrpprtfllng, it would be no unequal diilribution, in the firll-pJace, to fupprefs the fupprelFirs themfelves; whom the change of their condition hath pufi^d-up, more tiian their late experience of harder times hath made u ife. TheOfH-r And &> for regulating the prcfs, let no man think- to. n.ent\!fif ^^'^''^ ^^c honour of advifing ye Ix-lter than yourfelvcs before th- have done in that Order, publiflied next before this, rrsent ' ' ' 0He,sra< ih; tt That no book be printed, unlefs the printer's and ^ 1 Ihft S45 the autlior's name, or at Icall the printer's, he rcgiller- JJJ"J,''"°," ed." Thofe which otherwife comc-forlh, if ihjey he be made lound milchievous and libellous, the fire and theexcai- the Libaty tioncr will be the limelieft and the moftcffeilual reme- "^'*^'^'^**" -dy, that man's prevention i;an ufe. For this authen- tic Spanifli policy of Licenfing books, if I have faid aught, will prove the moll unlicenfed book itfelf, with- in a fhort while; and was the immediate image of a Star-chamber decree to that purpofe, made in thofe very times, when that Court did the reft of ihofe her pious works, for which (lie is now fallen from the ftars with Lucifer. Whereby ye may gucfs what kind of State- prudence, what love of the people, what care of reli- gion, or good manners, there was at the contriving, al- though, with Gngular hypocrify, it pretended to bind books to their good behaviour. And how it got th« upper hand of your precccdent order, fo well conilitu ted before, if we may believe thofe men, whofe profeflion gives them caufe to inquire moft, it may be doubted there was in it the fraud of fomp old patentees and monopo- lizers in the trade of book -felling; who, under pretence of the poor in their company not to be defrauded, and the juft retaining of each man his fcveral copy, (which God forbid, (hould be gainfaid!) brought divers glofling colours to the houfe, which were inde«d but colours, and ferving to no end except it be to cxcrcife a fupcrio • rity over their neighbours ; men who do not labour in ^n honcfl profeflion, to which Learning is indcbttd, (hat they (hould be made other men'ti vaiTak. Ano- ther end, is thought, was aimed at by fome of them, ia procuring by petition this Order, that having power ia their hands, malignant books might the eafi r efcape itbroad, as the event (hows. But of thefe fophifms and .ele.iichs of merchandize I (kill not : This I know, that R ^ errours n 'j.-' >" ■t^vi fit' Wa ■*.' : 1 - '■ ' ■. B#''^ ^t [I,,: m-M ■tA i'-: 1 .1 ',' \' '■' 1 ■m ^ 1 > , S' i l]l m ;,. t, i' :. ;i ^ '■ ' ij |l i^ w' '1 ''1 11 V • ..., i S46 errours in a good government, and In a bad, are equally almoft incident ; for what magiftrate may not be mis- informed, and much the fooner, if liberty of printing be reduced into the power of a few ? But to redrefa >villingly, and fpeedily, what hath been erred, and in highest authority, to efteem a plain advertifement, more than others haVe done a fumptuous bride, is a virtue (honoured Lords and Commons !) anfwerable to your higheft afkions, and whereof none can participate but greateft and wifeft men. • ' ■Jit \ ' y. .- . • f .. •r ♦ -t/\ ■:m -^ -i , 'i If"- ■m:ii >l ? ,J. 1,./ :; -i. K' ■ ; » ■*' ^.1k' 247 ,; M -f ■. • . . -'.I OF THE INNOCENCE OF TIIK LATE KING OF FRANCff, IXWIS XVI. OF ALL 1 HE CHARGES LATELY BUOUGIl I' AGAINST IIIM. - . •• ,li A .1 To the Pbixter of the Public Ad§^ertjser» SIR, May 7, 1793. I Have lately fecn a work written by M. De Saintt Croix, who was Secretary of ftate for foreign afl'airs to the late innocent and unfortunate King of France, Lewis the Six- teenth, on the loth of Augu(l la(^, when his Palace of the Thuiilerics at Paris was aflaulted, and his faithful Swifs guards were murdered by a furious mob of banditti, who were determined to convert the monarchical government of France, limited and weak as it was, into a pure re- publick. The book is entitled, " A Hitlory ofthcConfpi- ** racy of the Republicans of Paris againft the then fub- ti (ifting Guvernment, which broke-out on the loth of ** Auguft, 1792;" and contains many proofs of a defign, carried-on for feveral months together, to embarrafs and degrade, and ultimately to overthrow, the regal part of the Conjlitut'tonal Gavernmentf which had been cllablifhed, by the firft National Aflcmbly. In profecution of this de- fign, it was the conftant employmeot of the writers of Republican news-papers to blacken the King's character and condud in the eyes of the people, by afcribing to him views which he never entertained, nor, (from the fcru- pulous intcirrity, which now appears to have governed j. II his adions,) was capable of entertaining, and meafures in whjch h( had no concern. In particulav it was given-out R 4 thiit i ,4 '111 I I V'. M-ii *: S48l 'It that he fent money to foine of ihe gentlemen who had formerly been of his hfc-guard, to encourage them to fcrve in tiie army of the emigrants under his brothers, the Counts of Provence and Artois, and join with the Auf- trians and Pruflians under the Duke of Brunfwick in the invafiun of France in lad July, 1792 ; and it was uU'o faid that he was privy to, and encouraged, the treaty of Piinitz in the preceeding fummcr, 1791, between the Emperourof Germany, Leopold II. and the King of Pruflia, which was fuppofed to have been made with a view to an invafion of France, and a rc-cilablifhmcnt of the former abfolute regal government. Now the virtuous Lewis was innocent of both thefe charges. He had, indeed, continued to many of his old life-guard-men their former pay : but it was out of mere bounty and gratitude to them for their former fervices, and upon an cxprefs condition that they ihould continue to refide in France, and (liould produce certi- ficates of their doing fo to the perfon from whom they were to receive the money, which made it impoffible for them to fcrve in the emigrants army. This was proved at the trial of the unfortunate monarch, by a written document produced by M. De Seze, one of his counfel, and of which the authenticity has never been difputed ; and now it is confirmed by a teltiniony of M. De Sainte Croix, one of the King's minifters of state ; who likewife informs us that the King had no concern in the treaty of Piinitz, and vi'as extremely uneafy at the thoughts of an invaflon of his kingdom by German, or any foreign, armies, for the purpofe of effeAing a counter-revolution, and reftoring him to his former power. The paflages of Monficiir De Sainte Croix's book which relate to thefe fubjects are as follows : * On the 7th of iaft Auguft, 1792, that is, three days f before the attack made on the palace of the Thuilleries, « the 249 ' ihc King, in a conference T had with him, In wljich he * meniioiicd this fubje^t of his own accord, (howetl nic a pa- f per, which proved that ever fince the Ia(l months of the * prccceding year, 1791, no payments had been made * to thefc life-guar -men, even of the arrears that had * becoMe due before that lime, without authcniick certiH- * cates of their having a known rcfiJcnc-c in France. I * have had the original order of the King made for this * purpofcj and which was all written in his own hand> * writing, in my hands, and, from having read it, can ' atteil that this was the purport of it.' The next palTage relates to the King's endeavours to prevent any hollile attempts againll France from tiic neigh- bouring powers on the Conliiicnl, and is as follows: * All the political cabinets of Europe will bear witncfg f to the fpirit of peace and conciliation which conilantly * governed the King of France in all his tranfaflions with * foreign powers. If his enemies fljould blame the ufe * he made of his influence at the Court of Vienna, I can * anfwer, that he was fo far from making the ufe they * would fugged of this influence, that, fo long ago as the ' fpring of the year 1791, he prevented the execution of * a fecret plan that had been fettled at I^lantua for invading * France about two months after, when the French armies < were as yet incomplcat, and the frontiers of the kingdom f undefended. And in the fummer of the fame year 1791, * he prevented the efl*c£ls of the treaty of Pilnitz j and in * the autumn of the fame year he concerted meafures with ' the Emperour for keeping all the troops and military * preparations that had lately been making near the Rhine, * from paflling that river towards the eallern frontier of * France. That thefc things are fo, I, (who have been the ' king's miniller for foreign affairs, and muft therefore * be fuppofcd to have been ac(juainted with thcni,) do ^m ' ' * pofiii^Fcly It i I fM m K; m: ^M sf M H i; -i) 1 Ifi i f V ■' . K <;" - ' K < ' • ( ■ 1l. •. ■ ; ' ) m.' v;' ■' . ,| ■'' £ ; ■' t ■ u • Wsi ^l'r WitJ 250 pofiiivcly aiTcrt. Let llic King's cncnucs, if llicy pre- lend to doubt of ihcni, publiHi the papers of the Kind's forrign correfpondcncc, wliich their mobs carried-o(T by force from the palace of the 'I hiiillerics on the fiUal loth of Angull. I challenge thcni to do f o : for the Publick will then fee the moll indifpnlablc proof:; of the repeated and moll t;arnell endeavours of the King to avoid this war with the powers of Gcrni3ny» which was firft pro- voked, and, afterwards abfolutcly brought-on and cn- gaged-in by th(jfc very perlbns who now have the auda- city to lay the blame of it upon him. 'I'hey feem to think it polFiblc for us to have forgot thai the National Afl'embly paflcd a decree of accufation againft one of the King's Miniftcrs, Monficvtr dc Lcirart, merely bccaufe he had avoided entering into the war; and that the republi- can party, by ihrcatning the King with the dangers of another infurre^lion at Paris, forced him to admit to the office, which that Minifter was obliged lo quit, another perfon who was devoted to their views, Monfieur clu Mouriez, and who foon managed matters in fuch a way, as to make the entering into that war a meafure of al)- folute neccflity. As to the King himfelf, he never confidered war in any other liROCESS OF ECCLESIAS IICAL COURTS, AC;a1NS \ PERSONS MARRIED TOGETHER IN SOME MANNER Nor ALLOWED BY LAW. To the PaiNTEjt of the Public Advertiseu. 3' W\ i *': SIR, May 9, 1793. I Cannot but wojider at Mr. Courtnay's having put-off his intended motion concerning the women that arc now iu prifon, by procel's ol" the Ecelcfiaftical couris, on account oi the difficulty of providing a remedy to this grievance. The remedy appears to me to be very obvious — it is finiply this: To allow of fome other mode of marrying, as legal, bcfides that prcfcribed by the church of England. As the lawr now (lands, there is no other mode of niarrv- ing that is clearly and indifputably legal.— I fay clearly and iiuVifputably legal, becaufe I know that the marriages of Jews and Quakers are fpoken-of in Lord Hardwicke's mar- riage-a£t, paflTed in the year 175*, as if they were legal; which may be coniidered as a fort of collateral, or occallonal, legiflative confirmation of them. — Yet, if a Quaker wa> to die inteftate» and in pofleffion of a landed eftale of inheri- tance, and his wife was to claim her dower of one third pan of his faid landed eftate during her life j and the intcflatc's next heir, (.*ts, for inilance, his brother,) was todifpute htr claim to such dower, on the ground of her not having been lawfully married to the intedatc, I do not fee how {h« could ever eflablifli her marriage ; as the only knov^n way of prov- ing a marriage in fuch an a£lion for dower, is to procure from the Viifhop of the dioccfe in which the marriage W4« f ; IVERTISKIU TcfS tvas fulemnized, his certi6cate that the faid parties were; ai fuch a time and place joined-together in holy niatri- ntanV) legitimo matrimonio copulati; which certificate, i prcfume, would not be granted to the Quaker's wife. And ftill lefs does our law allow the validity of marriages performed according to the ceremonies of the Mahometan religion, or any other religion lefs known to Englishmen. Yet it is certain, that all perfons who are penniitcd to live in England, ought to be permitted to marry tlKTc ; and it is likewife certain, that, according to the principled of the Proteftant religion, marriage is not a facrament, but a civil contraft. It feems, therefore, to be reasonable that an aft of Parliament fhould be paflTcd to this eflect, to wit, i'ft. To make all the marriages celebrated in th^. meeting-houfes, or chapels, of Proteftant diflenters, (duly licenfed according to the Toleration-aft) lawful : and 2ndly, To tliclare all marriages celebrated by Quakers, in their mceiing-houfes, and by Jews in their fynagogues, to be aifu lawful : and, 3dly, To declare that all marriages that Ihall be entered-into before the Jufticcs of the Peace of any county, at their Qnarter-fcflions, or other general feffions, and perhaps, even before any two Jufticcs of the Peace, Ihall alfo be lawful. This would accommodate perfons of all religions, and of all different fcfts of religion, and prevent such grievances as ihol'e which Mr. Courlenay pro pofes to relieve, in the mean while, it muil be obfervcd, that the Eccleliaftical courts are not to he blamed for their conduA in this unfortunate bufinefs, as ihcy have only done their duty with refpeft to the perfons brought before them npou a charge of Incontinence, upon the principles of the Law, at it now (land s. I am your i ^ ? V? I CONSTANT READER. mm I'M .fc M "i>M It' F. W. 25 i REASONS WHY THE WAR WITH FRANCE COn.D V" * NOT BE AVOIDED. .>;■ > To the Pristlr of Lhn Public Advertised. r-i- miU " f I. L :i I ' A imi m ll'l^'P^f 1 1 f fi SIR, Sept. 28, 1793. T A M one of ibo?c who lament the war we arc now en- gaLHcl in witii France as a very great evil, but think it is an «vil of ncecffitv, liiat could not have been avoided, and therefore muCt be lubniitted-to wit!) patience, and earried- on (as it has been) with vigour. My reafon for thinking it could not have been avoided i?, that it feenis to have been a fixed principle of the new re- publican govcrnoiirs ot France (though not of the makers of the former Contiitutional Monarchy, as it is called) to ex- tend their new mode of governnient to other nations, Their refolutions of the l^ih and 30th of la(l December, 1792, prove this bcyi>:id a doubt ; and their bold and wan- ton Declaration.; of nar againd both Spain and Great. Britain at the lame time, and their invalion of Holland by laying' fiege to Wiliiamlladt, and taking pofl'cflion oi Brcdn, are notorious confirmations of it. — And lately Mr. Mallet fiu Pan, the bold and iij^right author of the valuable French periotiical pa]icr, calUc! Le ISh'rcurv, Je Lrauce^ which wa? pablidicd every week (if I tnidakc not) from the firll meet- ing of the Slates (Jencral of France in May, 1789, to the be ginning of Aiigull, 17<;2, when Monarchy and the Liberty of th« Frefi were iibolilhcd together, and the pra6licc cf aflaflinati ■!!, 2j5 ERTisrn. affiifllnation and of fumniary trial and comlcnination by ti-.e mob, or, as they arc called, the fovere'igji people^ ailing n\ their own pcM-fons, and not by their rcprcfcntalivcs, was adopted, and, at lead, connived -at by the Convention — I fay, this Mr. Mallet du Pan has lately given us an cxtrait from a letter of Monfieur Briflbt (a great leader of the re- publican party in France) writte»i in confidence to one of his friends, (who was a Member of the French Convention, and deputed by them to fuperintend the Generals of their armies,) which e-Npriflly avows this moll dangerous and hofliL' prim iplo. The words of Montiour Briflot are as l":)il;;\vs : " li fuit inccndier les quatre coins de I'hlurope : Notre fakit eft Id. :" That is, " Wc mull fct the four cor- ners of Europe on fire : Oar fafety lies in that." — ^This paflagc of Mr. Crillbt's letter is contained in the 37th page of a pamphlet of Mr. Mallet ''• "an, h^tely publifhed, which i? entitled, *' Coufiderations fur la Nature de U i<(''V()lution dc France, et fur les C.'ufes qui en prnlongcnt l;i duree," and contains much curious and important in- fcrmation. — Mr. Mallet like.vife informs us (in page 33 of the fame patnphlet, note 1), that this fame Monficnr BrilTot, about laft September, 1792, when the mob of I*aris was plundering and beheading the editors of news-papers of a contrary party to himlVlf (aho is alfo a publidier of a news-paper), excufcd all thefe enormities by faying, "That " it was proper to yield t*) the pecul'ar circumllances of " the times, and to let the laws flcep a little with refpect " to the perpctrat 'TS of them ;*' and he further informs us, that the fame M nfieur BrifTot publiokly and folemnly boaflcci. " That he had been the caufe of the Fiench " Government's dechrinii: wara*f ' < ■ ■ ■ '9, :( ' ••); i .< A: > Li f •I: II h f 256 ** inc: v^iili ilic enemy, and betraying the cnufc of Franc?, ** and, by nic;ins of futh accufatious, of driving hliu from ** llie throne." Mr. Mallet du Pan informs us of another curious fafl, Mrhich (hews us how niucli the prefent rulers of France are loft to all fcnfe of jufticc or humanity. There arc. now in France many bloody Tribunals, lately erected fur trying crimes againft the State, which are called Revolutionary Tribunals, bdidcs the principal one, which is at Paris, and by which fo many unhappy perfons have been put to death. One of thcfe is for the Department of the river Ain, and ihe prifon belongin^? to it is at a place called Bourg. Many priloners of diflerent ranks and con- ditions were confined in this prifon of Bourg for pretended State-crimes. But, as there were no proofs of their guilt, the Judges of the re\olutionary Tribunal of that Depart- ment did not condcnm them to die. This rcgnrd to juftice was confiucrt'd by the Conmiiflioners from «he Convention, who wen." fent to fupcrintctu! their proceedings, as a cri- minal (lackncfs and neglect of their duty, and the Coni- millioncrs upbraided ihcni on account of it ; lo which when they anfwered, *' that they could not find in their hearts to ** condemn to death a crowd of citizens of all forts and ** conditlr)ns that were then in the prifon?, without having proofs of their guilt" — the Commillioncrs rc))litd fliarply, and with countenances full of anger, " Why ! if we had ** thought it necefl'ary to proceed only upon proofs, could <« we ever have condenuie J Lewis Capet ?" Such are the pcrfon? who now govern the French nation. Before I conclude this Utter, I v\ill j. il mention what I tixVe lo be the grotid miltukf of the Fiench nation, and of the political writers whole leutiments they have adopted, within the lafl; four or five years. It is, *' that civil govern- •uent (hould be adnilniilcr d by the people at large." Now thi* (( 257 this is totally inipra^icabic in a large country, fuch as Eng- land or France, and very abfurd and inexpedient in a (mall country, fuch as one of the fmaller Swifs Cantons, or the Republic of Geneva- On the contrary, it is in all cafes expedient to delegate the power of Goveranunt to njlleff part of the fociety that is to be governed ; whether, to one perfon, (which makes an Abfolute Monarchy) or to one per- fon with an aflembly of reprefentatives chofen by the peo- ple, or by the land-holders or houfe -holders of the country (which would make a Limited Monarchy fimilar to the late Conllitutional Monarchy of France,) or to one perfon with two aflemblies, the one confirting of the rifilier part of the fociety, either holding their feats by Inheritance, to make them independent of the King, or appointed by the King for life, but with certain neceflary qualifi- cations of large property or high offices j and the other chofen by the people, or by the land-holders or houfe- holders among the people, (which would make a Limi- ted Monarchy, fuch as that of England) or to one or two fele(ft aflemblies, without a fingle perfon, which would make a Common-wealth, or Republick. Thefe and other fuch modifications of the publick power, delegated by the whole fociety to a fele6t part of it, are pra«Slicable fchemes, and may produce a tolerable fyftem of Government, under which a civil fociety may flourifh and be happy. But for the whole people to retain the power of the Go- yernment in their own hands, and exercife it themfelves, is the height of all abfurdity, and was never attempted before the prefent experiment in France • of which we fee, and feel, and lament, the horrid efl^eil)miue<.l-t() by the reft of the people with chearful, re- Ipe6l(ul, and grateful, obedience, which is commonly called loyalty, till Ionic enormous abufes of the powers of govern- ment, by the governing part of the ioiiety, have been com- plaincd-of, and petitioned-againft, by the perfons who have fuHercd front them, and yet have not been corre6led and reftirmeil, but inlolenlly pfrievt red-in and repeated ; in which cafe there lie? in the people at large a moral right, not togover:iihenifelvcs, but to diirolvcihegovernment which they had bt fore adopted, diiniils their governours, and choofe belter men in their ftcad, and, ifneceirary, a better form of governtiuMil than they had helbre ; and then fubmil to luch nt'A govcruouis and new form of government with the fame djforcnce, refpeit, and bumilily, with which they iiad before fubmiittd to the forn»cr goverimieiitj while it had ^wv 259 had been juftly adminifrered, and before the exiflence of the abufes which had given occafion to its overthrow. Every interference of the people at large with govern- ment, beyond this, leads only to confufion and niifery. I remain, Your mod humble fervant, A CONSTANT READEK. . F. M. >\ m m tfPt ■H Hit m i ■».■. %• ■* Hu % 'm m 1 1-' •' '" 1 1^- W' A Wi ■ ',;•■' ^ '' ' . S'f i ■ i; *^H ^1 ,:)« 1 1 ill - t F > ^ ) i sS THOUQHTS 'I: 4., ",§- i. *i)0 niouiiiiTs ON riiF. i.aik NFXioi'i.vrioN roK pkaci To the Pristhii of the AIormng Ukrald. i: 'm- ' h Mr. Editok, Oct, 1, 1797. On reading in your Paper this morning, that the Frencli Dirc6lory itififted, in ihe late negotiation at Liflc, on Great Britain's reiloring all the conqueds (he has made both from the French and from the Dutch before they will confent to Peace with us, it occurred to me that fuch a demand would give us a juft pretence for forming a counter-demand of fomcwhat the fame nature, but much more moderate in itf extent, upon them and theiv allies, the new Batavian Re public. This demand is, that the French Government would redore to the Batavian Republic the town of Maeslricht, and all the rcll of what was called Dutch Brabant, and every thing ellt thai the lateDufchGovcrnnientpoflefled in the Low Coiinlrics before it c French invafion ; and would alfo cede to ihem the city and Marquifatc of Antwerp, and the town of Oftenil, with the dillri£t idjoinlng it; and that the Bata- vian Republic would reftore to the jirince of Orange all the ellntcs which have been taken from hin>, and which belonged to him «Ti i)rince of Orange, independcntlv of his office of StadtholdtT. Such k propofan.oviIJ, I Ihould fuppofe, be agreeable to ihe Batavian Republic, as it would tend, in feme degree*, to reftore them to a llale of independence of France, of which they are atprefeiit little better iluii a pro- vince: and It would be but a fmall diminution 01 the large and '261 and populous territories acquired l)y France in this unfortu natc war, by the conqucft of the reft of the Auftrian Nether- lands, which it is now in vain to think of wrefting from them, though it is a great misforlune to us, as well as to the inhabitants of ihofe provinces themfelves, and to their late Sovereign, theEmperour of Germany, and to the Dutch, that ihofe provinces have been conquered by them. For this unhap- py event, we are to thank thearbitraryencroachmentsmadeon the liberties of thofe inhabitants by the late Emperour Jofeph II. in breach of the oath he had taken to maintain thofc liberties, and of the Treaty of Utrecht, by which alone he had any right of fovereignly over thofe countries: perhaps al- fo wc may thank the fupincnefs and negligence of our own. Government at that time, in not interfering with that rafli and tyrannical Emperour, in the beft manner we could, to check his proceedings, and proteA the liberties of thofe people, as being guarantees of the Treaty of Utrecht, by which thofe liberties were promifed tc be continued to them. Thefe things, however, are now paft, and the mifchicfs of various kinds produced by iheui arc irreparable. But, though tliofe provinces cannot now be recovered from France, yet, furely, wc may hope to procure the fmall por- tions of them above mentioned to l»e reftored and ceded to the Batavian Rcpublick, in order to procure it a moderate degree of independence: and this would be of great impor- tance towards the prefervation of our own independence. Perhaps, alfo, as great changes are now making over all Europe, it might be expedient for us to give up Gibraltar to the Spaniards, in exchange for the ifland of Minorca, which, though not quite fo ftrong as Gibraltar, conid not have been taken from us, either in the year 1 756, or the year 1781, if the garrifon had been ftronger than it was by only 1500 or 2000 men. And, as the Weft-India Colonies will be of no ufe cither to MS or any other of the European States to which they be- s 3 long 202 Iri y i^W long, unlcfs the negro (laves in them continue in a (late of ful)jc6lion and incluHry, I could with that we niuuld retain Martinico, and have all the other French Colonies there, I'uch as Guadaloupc and St. Domingo, ced«:d to us, or ceded to the Spaniards, by the French; and, in confideration of fuch ccflions, we (lionid be ready to pay to the French a fum of two or three millions of pounds lierlinj.' This measure I (hould confuler as expedient, not from an avaricious defireof monopolizing all the fugar-iflands in the Weft-Indies, but for the fake of preferving our own former fugar-illands, which will foon be rendered ufelefs to us, and even become a nuifance both to us and to all the connnercial States in the world, if Martinico, Guadaloupc, and the other French '(lands, (liall be brought into the miferable ftate of St. Domingo, by the fudden emancipation of the negro flaves. I would not, however, be fiippofed to be a friend to the Slave-trade : for J heartily wiOi it wereaboliflicd, according to Mr. VVilbcrl'orce's bcnefolent, and, as I think, prudent, plan, and that without further delay. But this is quite a diflerent queftion from that of the emancipation of the negroes already in the Weft-India iflands; for fuch an emancipation, befidcs being an enormous injury to the Planters who own theni, would throw every thing into confuaon, and bring- on the general miferyofall the inhabitants of thofe Colonies, the negroes themfclves, as well as the white men, their maftcrs. It is only to avoid fuch general fcenes of mifcry and defola- lion that I (hould wifh to have the French iflands ceded to us; and I (hould, therefore, be almoft as well pleafed to fee the whole ifland of St. Domingo ceded to the Spaniards (who are laid to l»c the mildeft and moft judicious mafters of flaves of any of the European nations that have fettled in America), as tv» the Crown of Great Britain. The preferva- tion of our own independance and of our jjropcrty, and not theacquifition of more power, or wealth, or trade, ought now tu '1611 to be our great object ; and to this object the mcnfuns I have luggenccl would contribute. As to the propofal of paying two or three millions of pounds fteriing for thofe iflands, I confcfs it is a mortifying and humiliating condition ; but we are not victorious in the prefent war, and muft fubmit to the inconveniences refulting from the ill fuccefs of it: and we ought to recoiled, that, at the enormous rale of cxpence at which this war has been carried-on, (whether fuch expence has been neccflary or not, I do not pretend to determine;) three millions of pounds fU-rling is lefs then the expence of carrying-on the war for only two months ; and, confcquently, many a fum of three millio.is muft be fpent in confe(|uencc of our rcfufal to pa) this, or fome fuch, fum, if th' cnch fliould be difpofedlo accept of it as the price of thoi iflands and of nn immediate peace. If these conditions were complied-with by the French, I fliould think Great Britain ought to think herfcif happy to obtain the reftoration of peace by the ceflion of the French faflory of Pondicherry, the Dutch ifland of Ceylon, and the value of the (hips deftroyed at Toulon; and even of the Cape of Good Hope, and of every other place that we may have taken from either the French or the Dutch Uepublicks in the courfe of the war. A LOVER OF PEACK. F. M. r I, »4 RHFLIiCTIONS f...' :*i ifi, ^ A^. '> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 "^1^ |25 Itt Ui2 i2.2 ■Utau Sciences Corporatton 33 WIST MAIN STMIT WIBSTII,N.Y. HSM (716) •72-4503 264 j. RErr.ECTIONSON SOME OF THE MOST IMPORTANT AR* riCLEs THA r ir would be reasonable to adopt IN FORMING A LEGISLA I'lVE UNION OF THE TWO KINGDOMSOF great BRITAIN AND IRELAND; W^HICH WAS A MEASURE THA T WAS MUCH THE SUBJECT OF CONVERSATION IN THE YEARS 1707 AND 1798, AND WHICH WAS AFFERWARDS CARRIED INTO EXECU- TION IN THE YEAR 1800, ,jfc. To the Editor of the Old Englis/iMan and AntJ'Jacobin Ex/t}ijNi:n. <: I 1 Have read with great pleafurea pamphlet publiihed at Dublin, and iince republiflied at London, entitled, ** Argu- ments Jor and again/ 1 an Union between Great-Britain and Ireland coTifidered" jn which the writer fets-forth the great advantages that would accrue to both kingdoms from fuch a meafure in fo full and clear a light, that I hope it will over- come the prejudices that have been hitherto entertained on both (ides the Iri(h Channel againft the meafure, and will prov? ^he means of inducing both )cingdoms to adopt it. Seventy or eighty years ago, I believe, apropofal of this kind made by Great-Britain would have been chearfuHy and thankfully acceded-to by the Irifh Nation : but then the Britifli Nation was too proud to offer it. And for thefe )aft twenty years, when Great Britain would probably have been willing to confent to it, the Iri(h Nation have been too proud to accept it. But now that a rebellion has been raif- ed in Ireland upqji the new French principles, or, rather, pretenfions, of Liberty and Equality y that is, in ifuth, upon the 2()5 the principles ofrolbery and murder ^ or with a view to rob the eftabliflied church of Ireland of its tythes and other property, and the nobility and gentry of their eftates, and that a great part of the peafantry of Ireland has been feduc- edby Mr. Wolfe Tone, Mr. Napper Tandy, Mr. Archi- bald Ruwan^ and their other pretended patriots, to join in this rebellion, with out even the pretence of a real grievance, and to invite the republicans of France, (the deftroyers and plunderers of the really free countries of Holland, Brabant^ and Switzerland,) to invade their country and aflift them in theirproje6i of forming themfelves into a republick similar to that of France j and the Parliament and Government of Ireland have found themfelves unable to repress this rebel- lion, without the help of many thoufand Britifli troops ;-«• it may be hoped that they will fee the neceflity of a clofer and more intimate conne6tion with Great-Britain, in order to prevent a return of the like dangers. Taking it therefore for granted that this wife, and indeed indifpenfable, meafure of an Union between the two kingdoms will be thought rea- fonable on both fides the Irifti Channel, I (hall beg leave to mention fome thoughts that have occurred to me concern- ing the terms of it. Tn the firft place then, as I ardently defire to fee this great meafure adopted, I would endeavour to make it palateable to the Ir(h nation by allowing them a very ample number of reprefentatives in the firitifh Parliament, to wit, fifty members in the Houfe of Lords, and a hundred members in the Houfe of Commons. Of the fifty mem- bers in the Houfe of Lords, eleven (hould be Iriih Bishops^ which is half the whole number of archbi(hops and bi- Ihops in Ireland ; and thefe (hould be the four arch-bi(hops and the bifhops of the feven richeft bifhopricks in Ireland, which fliould be enumerated in the aft of Union. But, if the biihops of the fees did not attend the Parli^iment on the 6rft -vf 266 ir.; •r :ff: ' ;' firft day of any Seflion of Parliament, the other bi(hops, of fees not enumerated in the &&. of Union, might attend in their flead, and fhould be intitled to receive from the feveral bifhops in whofe ftead they attended, the fum of 500 pounds to defray the expence of their attendance. The other 39 Irifh. Lords who (hould be admitted into the Britifh Houfe of Lords, fhould be fuch as were not already Britifh peers, and (hould be elected by fuch Irifh Lords as were not already Britifh peers. And for the future no new peers ihould be created for Ireland only, any more than there have been new peers created for Scotland only fince the Union of the two kingdoms in the year 1707 ; but all new peers (hould be peers of Great- Britain. As to the hundred members to be admitted into the Britifh Houfe of Commons, I fhould think it would be expedient to permit all the members for Counties to make a part of them, and to till-up the remainder of the number from fome of the mofl eminent cities and trading-towns in Ireland, fuch as Dublin, Cork, Belfaft, Athlone, Londonderry, Armagh, Waterford, Limerick, Port-Arlington, Kingfale, Lifburne, Innifkillin, Galway, Athy, Kilkenny, Wicklow, and Dun- dalk. This method of coijipofing the Irifh members of the Britifh Houfe of Commons would in a great meafure operate as a reform in the reprefentation of that houfe, which is thought by many perfons to be a matter of the greatefl: importance. For there are 34 Counties in Ireland, «ach of which fends two members to parliament ; fo that, if this method of, compofing this addition to the Britifh Houfe of Commons were to be adopted, we fhould have 68 new members of Counties in that Legiflative affembly, which would go a great way towards efTefling the improve- ment of its conflitution fuggefted by the late much-admir« ed Minifler, the Earl of Chatham, who propofed that an hundred additional members for Counties fhould be admitt- ed ' 11 261 ed into the BritiOi Houfe of Commons, in order, as he exprefled it, to infufe neiu and wbolefome blood, that is, new life and independance into it, in oppofition to the members for boroughs, who are fuppofed to be too often feekersof promotion and pecuniary emolument, and to have procured their feats in parliament with a view to advance their fortunes. This moderate plan of reform, fuggefled by the Earl of Chatham, has met with the approbation of many perfons in England, who are firm friends to our pre- fent form of Government bv a Limited Monarch with two houfes of parliament, a houfe of Lords and a houfe of Commons, and are therefore determined enemies of French republicanifm, and of all fuch violent plans of refor- ming Parliament as, by removing the foundations of our prefent fyftem by too great an extenHon of the right of ele^ion, would naturally tend to introduce it. And this moderate reform would be in a great meafure brcught- about by the admiilion of the 68 members of the Irifh Counties into the Britifh Houfe of Commons, and by the admiflion of the remaining 32 members of the hundred from cle(Siions made by the great cities and trading-towns of Ireland, inflead of the feveral paltry, little, boroughs, totally dependent on fome Lord, or rich Commoner, by which, (as I have always heard,) the members for boroughs in the Irifh Parliament are now ele^ed. As to the Lords and rich Commoners who have influence enough to non^i- nale the members for the boroughs that, upon this plan, would be deprived of their right of eleftion, I ^vould pro- pofe that they and their voters (hould receive a fum of money from the publick treafury, either of Great-Britain or Irelan ., in compenfation of the lofs of their privileges } juft as the proprietors of certain hereditary Jurifdictions in Scotland, that were found to be prejudicial to the tranquilli- ty of the kingdom^ were bought-out of them with publick money I m i^'.i ^rt, j -i. H'','^', fir' 268 money after the Scotch rebellion about fifty years ago ; aft event, Mr. Prinler, that I well retnember. I prefume one million of pounds fterling would be fufficient for this purpofe; and I (hould be glad to fee it fo employed, even though it was advanced out of the Englifti treafury. In the fecond place, I conceive it ought to be ftipulated in the aft of .Union, if this beneficial meafure fhall be adopted, that all the debts of the kingdom of Ireland alrea- dy contrafted at the time of the Union, (hall be paid, or provided-for, by taxes raifed in Ireland, and all the debts of Great-Britain already contracted at the time of the Union, (hall be paid, or provided-for, by taxes raifed in Great-Brirain; but that all debts to be contra£ied after the Union (hall be confidered as belonging to the whole united kingdom of Great-Britain and Ireland, and be paid, or provided-for, by taxes raised in both countries. This would be neceflfary to remove from the minds of the Iri(h nation the apprehenfion of being obliged to bear a part of the burthen of the enormous publick debt already incurred by Great- Britain. In the third place I conceive that the tythes due to the Church of Ireland, and to other holders of them, ought to be continued and confirmed, and declared to be fo in the a6t of Union, and not changed into any modus decimandi, or other payment to be fubftituted for them ; in which point I am forry to differ from the author of the excellent pamphlet above-mentioned. But I have been fatisfied from what is advanced in Dr. William Hales's Observations on Tythes (which have been reprinted in England a few years ago, and are now to be had at Mr. White's, the bookfeller in Fleet Street,) « that no other payment can be made to the clergy in lieu of tythes, but what viill be fubjeft to greater inconve- niences than are found to belong to the tythes, though thefe may fometimes be great." And, as to theobjeftion often made ^269 made to the injuftice of making the Irifli peafants, who are moftly Roman-Catholicks, pay tythes to the Proteftant Clergy, I beg leave to make an obfervation, which will at lead diminifti the weight of it, if not totally remove it. The burthen of paying tythes falls ultimately upon the owner of the land, and not upon the tenant or occupier of it, though the latter pays it to the re£lor : for, if the tythe were totally aboliflied, the owner of the land would immediately raife his rent upon the occupier, and make him pay an additional fum, at leaft equal to, and often much greater than, the tythe which he had before paid to the re£lur; and thus the poor Roman-Catholick occupier of land in Ireland would be no ways benefitted by the total abolition of the tythes. I have been aiTured that judicious farmers in England often prefer a tytheable farm to one of the fame fize and fertility that is tythe-frec, becaufe of the great addition of rent that is required for the latter, and which more than balances the tythe, or compofition for tythe, ufually paid to the redor for the former. Now it feems to be agreed that nine tenth- parts of the Land in Ireland is the property of Proteftants. Is it therefore unjuft that the payment of lythe.s, which falls chiefly upon the Proteftants, ihould be applied to the fup- port of the teachers of their religion ? If there is any injuf- tice in the matter, it feems only to relate to the payment of tythes to the Proteftant reftor by a Roman Catholick occu- pierof fuch land as belongs to a Roman- Catholick owner, be- caufe in that cafe the Roman-Catholick land-owner contri- butes to the fupport of the Proteftant religion, which he does not believe. But thefe cafes happen but feldom, becaufe of the fmall number of Roman* Catholick owners of Land in Ireland ; and the like irregulai'ity happens in every coun try where any particular religion is eftablifhed, or its teachers are fupported by any fort of payments appointed by Law . fgr thefe payments muft be made by the few that do not be* lieve i i m i^'i P Vf ti - 270 lieve the religion lo eftabliflied as well as by the many who do believe it j of which we have an example here in Eng- land, in the tythes paid by Roman Catholicks, and by Qua- kers and other Proteftant diflenters, to the clergy of tlie church of England, fiut my letter is growing rather too long, and therefore I here conclude it, I am, Your moft humble Servant, ' ■ And Constant Reader. '" , . \" "' ■ F.M. N.B. This Letter was fent to the Editor of the Old-Eng- lisbman and Anti-Jacobin Examiner ; but he did not think fittopublifh it. ,, . ■ , - '"'- - " ' ■; . ; :' . ' ' ,' - ' ,.:.',* ' .i r ■' .'■>':< •) I • Vr ;-a^ '•iTr>:; :; ; .>. ■ * ? . V ■■i .-:..'. ■ h iVLl -': ■■:iV'" ■■ *"■•■; ^^JJ'j-.:-^ a/ il'^' >, tif^t ON 271 <.i'> • « /; II ON PERSONS IN HOLY ORDERS BEING INELIGIBLE TO SERVE AS MEMBERS OF PARLLAMENT. '\:^ .<. To tht Printer of the Porcupine. 1 1 Mr. Editor, ' Majy 19, 1801. ' I HAVE been somewhat surprized that in the late debates in the Houfe of Commons on the supposed ineligibility of persons in holy orders to be chosen members of that House, the maintainers of this excluding and disfranchising opini. on, have endeavoured to deduce it from the supposed Inde- libility of the Prieftly Character, as if it were impossible for a Priest to become a member of the House of Commons, without first totally renouncing the character and condition of a Priest or aDeacon, which, they say, cannot be renounced. How far it is possible to renounce the character and condi- tion of a Priest or a Deacon, is a question of spiritual, or canonical, law which I will not pretend to determine. But this I will venture to assert, " that the character and condi- tion of a Priest or aDeacon, though retainer^, is no legal bar to the exercise of many lay-employments, v hich are as different from the proper duties of a Priest, as that of repre- senting the electors of a parliamentary borough in the House of Commons." Of this I will mention a few examples: Dr. Williams, bishop of Lincoln, was Lord-Chancellor of England;, in the protestant reign of King James the First ; Dr. Juxon, bishop of London, was Lord-Tr€asurer of England in the following reign of King Charles the First ; ^r n 1 ^i72 ■ m :. ■ . / '•' if.' '■■ Dr. Robinsoiij bishop of Bristol, was one of the three Ambassadors of Queen Anne at the treaty of Utrecht ; the Reverend Mr. Frederick Harvey, now bishop of London- derry in Ireland, and Earl of Bristol, was, for a great part of his life, and until he was made bishop of Derry, a clerk of the Privy Seal, and at this day he is permitted to sit in the House of Lords by virtue of his temporal peerage, as Elarl of Bristol : and the Rev. Mr. Cholmondeley holds to this day the employment of Auditor-General of the King's Revenues arising in America ; and hundreds of clergymen throughout England are justices of the peace, that is, criminal judges of great authority, which is surely an em- ployment as different from the proper duties of the priestly character, as granting money to the Crown, or proposing good laws for the better governmentof the people, in the capa- city of one of their representatives in Parliament. Farther, many persons in holy orders have been known to practice Phy- sickasa profession; and amongst others, the fanous Dr. Willis, to whom the nation has great obligations for his successful exertions in that capacity about la years ago j nay, fomc perlons in holy orders have even held commissions in the army, of which one remarkable instance occurs to me at this moment j I mean that of the Rev. Dr. Walker, the rector or vicar of Londonderry, in Ireland, who so bravely defended that city at the head of his zealous protestant parishioners, in the year 1689, against a Popish army com- manded by a French General, who besieged it in the name of King James the lid, after he had abdicated the Crown and King William had been appointed his successor. This worthy clergyman, in consequence of the success of his ooble exertions in the defence of Londonderry, was seized With a fit of military ardour, which made him desirous of obtaining a commission in the army; and he obtaincd.one from King William, though the King is said to have advised him, at the same time, with his usual good sense and sound judgement, III; 273 three ht ; Ihe lOndon- eat part a clerk sit in rage, as ;y holds 1 of the dreds of ace, that y an em- e priestly )ropo8ing the capa- Farther, jticePhy- )r.WiUis, successful lay, fomc )ns in the i to me at ilker, the io bravely >rotestant rmy com- the name ^rown and or. This ess of his vas seized esirous of laincd-onc ,ve advised and sound idgement, judgement, to decline any farther connection with the army, and return to the exercise of his former peaceable profession. But, as ,the Doctor did not think proper to follow this good advice, the King gratified him by giving him a commission in the army ; and he was killed, if I remember right, the next year at the famous battle of the Boync. Now, if cler- gymen may exercise all these lay-employments without renouncing the office, or character, of a Priest, surely they may likewise accept the occasional and temporary employ- ment of representing a set of burgesses in the House of Com- mons, during a single Parliament, without renouncing that character. If, therefore, they are at present legally incapable of representing a County, or a Borough, in Parliament, their Incapacity must arise from something different from the supposed Indelibility of the character of a Priest ; as, for example,from their being represented in the Convocation of theClergy,orfumefuchreafon. But,intruth, Ithinkthatallthe reafons, that have hitherto been alleged inproof of their inca- pacity to be elected members of the House of Commons are frivoloiis and insufficient, and consequently that they are at present legally capable of being so elected. However, I con- fesSj itmight be inexpedient to permit clergymen that were pos- sessed of Benefices with cure of souls, and, perhaps^ even cler» gymen that were Prebendaries of Cathedral churches, or who possessed any other clerical preferments, to have seats in the Houseof Commons; asitmighttend togivea wrongbiasto the fludies and pursviits of clergymen, and thereby render them less respectable in the eyes of the people, and consequently less useful in the line of their sacred profession. And, there- fore, though I do not think that, as the law now stands, even clergymen so circumstanced are incapable of sitting in the House of Commons, yet it might, perhaps, be prudent to pass an act of Parliament to exclude them from the Hous(f of Commons; and also to render them incapable of receiving any Benefice, or Prebend, or other church-preferment, while ••■«,•■ Mm IS *| '}.■■'. 'i'. I ■- t ? 'Itl^ ■ rM I ' they were in the House of Commons, and for 9. certain time (as for example, six years) after they had been members of it, if they had been admitted into holy orders before they had been chosen members of that House, and then had quitted their Preferments, or Employments, in the church in order to qualify themselves to become members of the House. This incapacity of their receiving any church- preferment whiFe they were members, and for a certain time after they had ceased to be members, of the House, might be useful in preventing services done to Ministers of State, by supporting their medsnres in Parliament, from becoming a channel of preferment to Bishopricks, or other great stations in the church, which ought in general to be bestowed on those clergymen who distinguish themselves by a faithful and diligent discharge of the pastoral duties of their venerable profession. But to disfranchise a whole body of twelve, or fifteen, thousand men from becoming the re-^ presentatives of their countrymen in Parliament, and to deprive the electors of members of Parliament of the liberty of chusing their representatives out of so numerous a body of well-educated, intelligent, men, whose merits may be known to them by their residence among them, and the fcrvices they have received from them, without fuch circum- fiances as thofe above-mentioned, (which may be thought to render fuch a meafure necelTary), feems to be too harfh and vague a method of proceeding, and not agreeable to the Caution and Tendernefs that are ufually exhibited by theBri- tifh Parliament in modifying, or reftraining, the rights of their fellow- fuhjcfts. ][ remain your moft humble fervant, . ,, &-- Vi^' A CONSTANT READEK. *i73 ON Tilt RIGIl r OF SliARClIING NEUTllAI. VKSSULS. IN ORDER TO DISCOVER AND SEl/E-ON ANY PROPERTY BELONGING lO AN ENEMY, IT! AT MAY BE ON BOARD TIIEM. To the Printer of the Porcupine. [The following communication wasfentus foon after the appearance of Sulpiciu^s Letters. At that time, it was thought not altogether unexceptionable, on the fcore of prudence, to publifli it, as it might have awakened doubts where none already exifled. The reader will per- x:eive, that it was intended to excite Sulpicius to inquire more fully into this part of the fubje6l, of which he had fo ably treated. Since the queftion has undergone fo ample a difcuflion, both in and out of Parliament, our Correfpond- ent informs us, that he has very little doubt remaining ; yet he wifhes the matter to be placed beyond the poflibility of jdoubt, and therefore requefts, that his article may be pub- lifhed, in the hope^ that it may draw-forth from Sulpi- cius, or (ome other writer, a full, clear, and fatisfa6iory leply.] Sir, Jung Sf 1801. I think the Fublick is much obliged to your very able correfpondent, who dgnahimkU Sulpicius, for his informa- tion on the fubject of the armed Neutrality of the Northern Powers lately entered-into, to the evident prejudice of Great Britain. And in mod of the propofitions he has laid-down Jn his excellent Letters, I entirely agree with him, for the reafons which he has alleged. He has well proved, in my opinion^ that, as the Law of Nations now ftands, where it *it,. \ k . v 1.,:.. tf ' ■:i h Ins- V'-*-'* fj :»» 4- 276 is not controled by fome particular treaty, the Biltlfh cruifers have a right to feize French property on board neutral veflels, and Jikewife to feize goods that are neutral property on board neutral veffels, if the faid goods are contraband of it/ar, that is, military (lores, fuch as implemenis of war, falt-petre, fulphur, and other fuch materials, immediately applicable to warlike purpofes, and perhaps, naval Jiores, jit for the equipment offbips of war ; though, as to this laft article, there feems to be fome room for doubt. And, as a neceflary confequence of this right of feizure, without which the faid right would be nugatory and ufelefs, our cruilers mud have a right to vifit, and, in fome cafes, to search, the neu- tral veflels they fall -in-with on the high feas, in order to difcover whether they have, or have not, any property lia- ble to feizure. But, as to the manner of exercifing this right, a doubt has occurred to me, which I wish your coi re- fpondent Sulpkius would clear-up. For, from fome weighty arguments alleged in ProfeiTor SchlegeVs tract on this fubject, and from two of the treaties alleged in the Ap- pendix to Sulpicius's own Letters in fupport of his doc- trines, it appears to me that this right of vifiting and fearching is appointed by the general law and practice of maritime nations on this fubje£t, to be performed in the following manner. The British armed veflel has a right to fiop the neutral merchant- (hip., and to fend a boat with the Captain of the armed ve(rel, or his Lieutenant, and a Secre- tary, or Clerk, to write-down what (hall be nece(fary to re- cord the tranfadion, and at moft, one perfon more, that is, three perfons in all, be(ides the failors nece(rary to the row- ing of the boat, to vifit the neutral ve(rel ; theBriti(h cruifer being all the while at fuch a diftance from the neutral ihip that its cannon-fhot could not reach her, to the end that no undue terror may influence the crew of the neutral ihip. Thefe two, or three, perfons; mufl be admitted on boardi 211 board the merchant-velfel, and muft require the Captahi of it to produce a pafTporl from the King of the Country to which the neutral veffel belongs, (as, forexample, the King of Den- mark), teftifying, " That the owners of the neutral veffel have declared upon oath, before bis cuftom-houfe officers at the port from which the (hip failed, that they and other fubje^s of the faid king are the fole owners of all the pro- perty put on board the faid (hip, and that the (liip is bound to fuch a particular port, to which (he has a right to trade," and he muft likewife produce a certi- ficate from the chief magiftrates of the port from which the (hip failed, declaring, " That the owners of the (hip had made oath, that the (hip, and all the merchandize on board it, belonged to them and other perfons, fubjects of the fame king, and not to either of the powers now at war, or to any of the subjects of either of the faid powers, and that none of the goods on board it were prohibited goods ;** and when this paffport and certificate have been produced to the three perfons appointed to vifit the Ihip, they are bound to reft fatisfied of the fhip's having no feizable property on board, and they have no right to break-open any chefts, or open any bales of goods, or further inquire into the lad- ing of the ihip, in order to difcover whether the declarations of the paffport and certificate are true or not ; and the mer- chant-fhip muft be permitted to purfue its voyage unmoleft- ed. But, if no fuch paffport and certificate are produced, I prefume the cruifers may exercife their right of fearching for contraband goods, according to their own difcrction ; and, likewife, if they fufpe' K 'U !*:V 1. Hit 1 I'm iUi '^!«i m '. W a. 278 ;'l';| .= r*' ft;. # But, when the merchant-fhips are eleortcd by a {hip of war, the mode of proceeding feems to be lefs certainly de- termined, either by pradiice or written documents recogniz- ing it, fuch as Treaties of Commerce, Marine Ordinances, or Inftru6lions of Governments to the Captains of their fhips of war; yet, upon the whole, we may collefl: it to be as follows. The Britifli fhips of war that meet with a fleet of neutral merchant-fliips, efcorted by a (hip of war, ought to apply to the Commander of the (hip of war to know their deftination, and the nature of the goods that are on board them, inftead of fending a bo«>t with two or three per- fons to vifit each of the merchant- (hips, and infpeft their paflports and certificates, or other public papers : and, if the faid Commander declares, ** That the (hips and their cargoes are entirely the property of the fubjeAs of his fove- reign, and that none of the goods are contraband, and that the proper declarations upon oath upon this fubjedl have been made by the (hippers of the goods before the magif- trates, or cuftom-houfe officers,of the port in which the veflfel* were laden;" this Declaration of the Commander of the (hip of war that efcorts them ought to be received as fufficient tcftimoiiy of the (hips and their cargoes beingneutral, and not liable to fcizure, and the faid merchant-(hips ought to be per- mitted topurfuetheirvoyagewithoutfurthermoleftation.This^ at leaft, is the method of proceeding prefcribed for this cafe by the only treaty, if I recollect right, that makes mention of this cafe aniongft all the treaties relating to this queftion that have been produced, cither by ProfeflTor Scblegel. or Sulpi- And it feems to be confirmed in practice by the re- ClUS. «■?■: (iftance made by Captain Dedel, a Dutch captain of a man of war, in the year 1762, to an attempt made by an Engli(h (liip, or (hips of war, to vifit fome Dutch merchant-(hips,' which he was directed by the Dutch Admiralty to efcort j and by the approbation beftowed on him by the Dutch Ad- miralty for having made fuch refiftance : fuid likewife by the il,j 279 Ihc conduft of the brave Earl nf St, Vincent , in the prefent war (as dated by Profeflbr Schlegel,) in relcafing a neutra^ merchant- veflel, (thai had been taken by one of his cruiferSy as fufpe6\ed of having enemy's goods^ or contraband goodie on board, when the Commander of a (hip of war of the fame nation came-up a little while after, accompanied by a large ileet of merchant-fliips of the fame nation, that he was appointed to efcort, and tedified to the Earl of St. Vincent, that the (hip which his cruifers had taken had made a part of this fleet, and had drayed from it by fome accident, that had made her be confidered by their captors as a (ingle ve(rel and not intitled to his protection. The inllant releafe of this veflTel by Lord St. Vincentf with an apology for the capture, as having been owing to a midake, is furely a pretty good proof, that fuch is the privilege of merchant- ihips, escorted by (hips of war, according to the opinions of fea-officers of the greated Reputation and Experience. This privilege may certainly be abufed, and may occadon fome inconveniences to the belligerent nations : and (b may «very regulation made for the condu6t of human a(!air6. But it mud be remembered that we are not now inquiring " what the law of nations ought to be in fuch a cafe," (which would, indeed, be a mod arduous and difficult quedion,) but " what it is*' And, as Great 3ritain has, throughout this war of neceflity and felf-defence, (which ftie did not feek., or make, but fuflfered, or received, from the infolence of the French National Convention, in Fe- bruary, i793» when governed by the mifchievous counfeis of Mon(ieur Bri(rot,} conducted herfelf with great modera- tion and regard tojudice, notwithdanding the mimerous charges of a contrary fpirit brought againd her by thedej claimers of France, I (hould be glad to fee her perfeved in the fame temperate and honourable conduct to the the of the conted, and, for that purpofe, avoid any attempt to make a ne^tr '^■- k ■;■ ■ A>\ m >dt.i S80 a new Law of Nations onthis fu1>je£t, and content herfelf with an adherence to that Law, (such as it now is, by the cohfeflion of Mr, JefferfonhxmkXf, and other perfons by no means par- tial to Great-Britain,) with vigour and fpirit, in oppofition to the wild and capricious refolutions of the variable Emperout of Rufiia. And that our Government and the nation may be truly informed ".what is the prefent Law of Nations in this case, of neutral merchant-fliips efcorted by a (hip of war," I hope Sulpicius will fift the matter to the bottom, and give us another Letter that will clear it up to general fatisfa^ion. I am your humble servant. . Aristides, *i ,» i . ■ ' -^ . , ..... F. M. M^' •j* • ' 'l:k. ' * f ■ -f' S81 ON THE SLAVE-TRADE. : /tin t' %-;:^'j To the Editor of the British Press. H,, :; - * Sir, '' •- ^ y^n/3, 1805. It is a vety important and ftriking truth, worthy the lerious confideration of all thofe who doubt the enorm-^ ous wickednefs of Weft-Indian Slavery, that its moft re- fpe£lable champions, and even thofe among them who, by ail affeftation of candour, have made the moft powerful imprefTion on the publick mind, have been obliged to refbrt to gfofs mifreprefentations of the faBs upon which they reafon. Sometime^, in order to deprive of our fympathy the wretched viAims of colonial despoiifm, fallacious repre- fentations have been wilfully given of their conduct and character ; at other times, in order to draw a veil over their fufferings and wrongs, advantage has been taken of the Ignorance of the European Publick refpefting Weft-Indian affairs, by dicloiing juft fo much of a particular fa6t, as would furnifli a bafts for an inference oppofite to the truth, and invldioufly fupprefling the reft. Of this practice, Mr. Brougham, in his able work, enti- tled. An Inquiry into the Colonial Policy of the "European Towers, has given fome examples in writers of the firft reputation among the Apologifts of the Weft- Indian fyftem. The cart-whip is the planter's ordinary inftrument, both of coercion and puniftiment. When ufed for the former purpofe by the driver in the field, it is generally applied to the poor labourers in their working pofture, without ftop- ping toftrip them of the clothes by which their backs may happen n;.-=' I ' --l ■■.■ w(;i:l '■'■ If® 282 i h '. i ^ t ■I happen to be defended. The effect is fufficiently fevere j yet not fo much fo as commonly to leave permanent marks on the body. But when a puniihment is to be deliberately inflifled, the patient is ftretched upon the ground, with his limbs extended, and the cart«whip, (which, in the hands of an expert driver, is a mofl mercilefs inftrument of torture,) is vertically applied, with all his force, and with an iteration fometimes extending to an hundred laOies, upon that flefliy part of the naked frame, which alone can receive fuch extreme difcipline, without great danger to life. Not only is the fcarf-fkin peeled-ofF by every contaA of the la(h, but deep incifions are made, which often leave lading fears of (hocking appearance : from thefe fears very few field- negroes are wholly exempt. This general and notorious fad having been noticed by the Abolitionids, in the firfl difcuffion on the Slave-trade, but without a diflind^ fpecification, as it would feem, of the part of the body which bore thefe badges of cruelty, a tour to the Windward Iflands was written by one Weft- Indian planter of great eminence (Sir William Young), and publifhed in a well-known work of another, (Hiftory of the Weft-Indies, by Mr. Bryan Edwards), in which the following paiTage appears : " I particularly noticed every negro whom I met, or overtook, on the road ; of thofe, I counted eleven who were drefied as field^negroes, with only trowfers on, and, adverting to the evidence on the Slave-trade, I particularly remarked that not one of the eleven had a (ingle mark, or fear, of the whip, &c. — ^Never pafling a (lave, without obferving his back, either in the field, or on the road, or wenches wa(hing in the river, I have not feen one back marked, be(ides that of the woman obferved on Mr. G.'a eftate, &c." Sir William Young's objed in bring! ng-forward this ftttement is obvioufly to difcredit the accounts which have befn 283 this have be^n bften given of the feverity of Weft-Indian bondage. Ht is himfelf owner of feveral plantations, and therefore muft have had ample means of afcertaining the real ftate of the cafe. But fuch is the unfairnefs of the imprcflion which his account is calculated to produce, — an unfairnefs which could not efcape the notice of any man having the flighteft acquaintance with Weft-Indian affairs, — that Mr. Edwards thought himfblf bound, (from regard, it is to be prefumed, to his own chara£ter for veracity,) to fubjoin to. the paiTage the following note : " In the Weft-Indies the puniftiment of whipping is commonly inflicted, not on the backs of the negroes, zs praSii/ed in the discipline of the Briti/h/oldiers, but, more humanely and with much lefs danger, on the partes pojleriotes. It is therefore no proof that the negroes whom Sir William Young infpefted had efcaped flagellation, becaufe their (houldcrs bore no impreftion of the whip. This acknowledgment I owe to truth and candour." The candid annotator well knew that, if the juft and neceflary fentenceofa court-martial were to be executed by the fame inftrument, and to the fame extent, as the arbitrary and, often, capricious mandate of a Weft-Indian overfeer, the back could not be the feat of punifhment without certain death to the fufferer. But of the candour of Mr. Edwards, as an hiftorian, in what regards this haplefs race, Mr. Brougham has fumifli- ed ample illuftration ; and one inftance of it well deferves to be noticed. A Mr. Gallifer, a planter of St. Domingo, was celebrated for his mild treatment of his (laves; and the confequence of his lenity was, that they increafed in num- bers very rapidly j but, about the year 1773, this gentle- man died, and the negroes found a new mafter of an oppo- fite chara£ter, wh^ treated them fo badly, that their num- bers, inftead of increaiing as before, continaally declined • Thefe fa^ts were publifhed by Mr. Clarkibni in 1768^ in bis ■ V -. h : ,' t <■*.-' -Jl -4i m ?-^ «i his Effay on the Impolicy of the Slave-tfade \ and as that period was three years anterior to the Revolution in St. Domingo, of coiirfe there could be no room for fufpicion» that, nith a view to the events of that Revolution, Mr. Clarkfon could have devifed or mifreprefcnted the fa6l of the reverfe of treatment upon Gallifer's edate, which had taken place fifteen years before he wrote ; yet Mr. Edwards, in his Hijiory of St. Domingo, for the purpofe of fupport- ing an abfurd and mifchicvous calumny on the oppreifed African race (the charge of their being wholly deftilute of the natural fentiment of gratitude), has inferted the former part of Mr. Clarkfon's anecdote, but wholly fuppujfed the death of Mr. GalUferf and the change of treatment by the new majter, and has then given a (hocking account of the exceffes committed in the infurre£iion by the negroes of this edate; as if the peculiar indulgence and kind treatment of their owner had produced the effe^ of making them more ferocious than the red of the infurgents. Of fuch mifreprefentation, if wilful, for fuch a purpofe, it would be difficult to fpeak with the reprehenflon it de- ferves ; and yet, as Mr. Brougham obferves, the mutilation of the cafe could not be accidental. It would be difficult, indeed, to believe, that fo induilrious an advocate as Mr. Edwards had not read the work of fo diftinguilhed an opponent as Mr. Clarkfon, whofe very words too he in part ufes upon this occafion. Befides, Mr. Edwards had been at Cape Fran9ois, in the near neighbourhood of this ellate, during the infurre£iion ; and he tells us, with Mr. Clark- fon, that the name of Mr. Gallifer had been proverbial for his humanity — ** As happy as Gallifer's negroes :" it could hardly have efcaped his notice, that fo remarkable a cha<- ra6ler, who had been dead near twenty years, was not liv- ing at that interefliiig period. And even were it poffible Xq acquit this writer of wilful mifreprefentation in this cafe @85 ctfe, his raflinefs, in confidently aflerting fo extraordinary an inftance of depravity in dire£t oppofition to the truth of the cafe, muft be fatal to his credit as an hiilorian. It is painful to make fuch oblcrvations on a writer now no more } but Mr. Edwards, under the made of an affefted candour and moderation, has done more to miflead the publick mind, at the expence of truth, and of the opprefTed African race, than all the other advocates of the Slave- Syftem united : and we muft not fuffer the caufe of mil- lions now living, and myriads yx unborn, to be prejudiced by falfe tendernefs to the memory of the dead. ■;/■ ^ '.r-i:' >?.ii •> < : ., i ■ > Your's, > . /: , An Abolitionist. ' '.'.-i ,-i,'', '.i.~- •» * „.ll.., , !.;.. (.•■■■■■- .,/ f."- '.:• ■{ "i ON "• ll 2S6 ON THE SLAVE-TRADE. V" To the Editou of the British Press. Sir, April %, 1805. The advocates for the continuance of the African Slave- Trade^ in the dearth of found argument for the fupport of their caufe, have frequently had the effrontery to make their appeal to the Holy Scriptures. The Scriptures undoubtedly record the exiftence of Slavery in ancient times j but furely it would be a very unfair inference from this admiflion^ that the Scriptures, therefore, fandlion that traffick in men which is carried-on by Britifti fubje£ls from the Coaft of Africa, for the fupply of labourers in the Weft-Indian Iflands. If fuch a principle of interpretation were admitted, to what ab- furd confequences would it not Itad 1 The Scriptures re- cord the fratricide of Cain, the drunkenness of Noah, and the polygamy of David ; but would it be juft reafoning to infer, that either murder, or fenfuality and profligacy, were fandioned by the word of God ? As juft, at lealt, as that deduced by the modern Man-Merchant from the fale of Jofeph to the Midianites, or from the exiftence of bond- age in the Patriarchal ages, in favour of his horrid traffick. But let it be granted, for the fake of argument, that the Slavery mentioned in Scripture was fan£tioned by Divine authority. Will this concefHon aflfedt the queftion at iffue, or eftablifh the lawiiilnefs of the African Slave-Trade? By no means. But, before I enter upon the difcuifion of this fubjeA, it will be proper to premife, that the caufe for which I plead has fulTerec^ patefially from the ambiguity of the term 287 S8« ' ' '■ ! _ lii,*. • t, 1805. can Slave- fupport of nake their idoubtcdiy but furely iflion, that nen which of Africa, [lands. If o what ab- ptures re- v[oah, and ifoning to profligacy, at leall, as n the fale e of bond- id traflick. , that the by Divine n at iflue, ve-Trade ? ion of this for which ity of the term term Slavery, This vague and undefined term is applied to conditions of Society differing very widely in almoft every eflential particular. We fpeak of our becoming Jlaves, if a Minifter do but fufpeud the Habeas Corpus A6t. The French are called Slaves, becaufe they do not enjoy the fame degree of political liberty with which Providence has bleifed this Island. The domeftick fervitude of Africa (which probably bears a clofe refcmblance to Patriarchal bondage) is termed Slavery, and the fubje£ts of it Slaves, Some other name, therefore, ought to be invented to ex« prefs Weft-Indian bondage j for, by means of the aflbcia- tion of Ideas which is produced by this intercommunity of appellation, efpecially in the minds of perfons who have had no opportunity of fully inveftigating the fubjedt, the African Slave-trade, together with that fyftem which it feeds and perpetuates in the Weft-Indies, is confounded with ftates of fervitude fo very mitigated as to excite no horror; and is thus relieved from a great part of its (hade* The fyftem of Slavery which prevails in our Weft- Indian colonies we believe to ftand alone in the hiftory of the world. It is not only (as Mr. Pitt affirmed in 179a) the greatest prii^lical evil which has ever afflicted the hu* man race ; but it is an evil sui generis, fo radically and eflifntially different from every other which happens to have the fame name attached to it, as fcarcely to form a lair ground of analogical reafoning. But let us coniider this point more attentively. The miferies entailed on Africa by the Slave-Trade are already fufficiently known to the Publick ; I need not, there- fore, dwell at prefent on that part of the fubje6t. Let uv follow the Slaves in the middle paifage. There, if we may credit the Man-Merchant, the utmoft exertions of hit hu • manity and beneficence are employed to promote the eafe ^nd comfort of his African paflengers« But even there we (hall • <■ '« M ' « I. *' Hm t 288 ■ « Sir ^> ?')i^i' ir 5 i ,^ r i* '■■ \h J ' n (hall be conftrained to confefs that hit tender mercies are cruel. In the year 1791 (ihree years after the pafling of the Slave- carrying A61 ,which is admitted by the Man-Mer- chants themfelves to have very greatly leiTencd the mortality on board of flave-fhips), of I51754 flaves carried from the coaft of Africa, 1,378 died during the middle pafTage, the average length' of which was fifty-one days; making a mortality of 8f per cent, in that time, or of 62^ per cent. per annum : a rate of mortality which would unpeople the Earth in a year and feven months. The amount of the mortality in 179a was, however, ilill more enormous. Of 31,554 flaves carried from Africa, no fewer than 5,413 died on the paflage, making fome- what more than 17 per cent, in fifty-one days. Had the voyage been prolonged, and the flaves continued to die in the fame proportion, the whole number would have been completely fwept-away in about ten months*. - I would now afk, whether it be fair, whether it be allow, able, to dignify a practice fo pregnant with mifery and murder, with the name of commerce P Surely this cannot long be endured by a Britifh Parliament. If it is to be tolerated, let us at leail have fome fpccious pretext for the indulgence : let there be, at lead, one practice pointed-out, either in ancient or modern ilory, which will bear to be compared for one moment with this abominable traffick : otherwife we ought no longer to be impofed-upon by the hardy afTumption of its antiquity and univerfality, ' But the horrors of the middle paffage are at length terminated. The flaves are landed in the Weft -Indies; expofed like cattle in a Fair ; fpanned and gauged with as little ceremony as is obferved by a carcafe-butcher in {Bmithfield ; and, having been purchafed by fome planter, . f See accounts laid on the table of the House of Lords, in 1799. ■ ". ■ m S89 length In 1799. are •re led to his eftate. What is, then, the fituation of fuch of them as furvive the feafoning ? They are the abfolute property of their purchafcr, vendible by him precifcly in the fame manner .ix the hnrfe which turns hit fugar-mill, and, if dire£l privation of life and limb be excepted, equally fub)e£l to hi!4 difcrefion as to uie quantity of iiibour to be exaAed, the pru| ortion ot iiK)d to be allowed, and the dif- cipline or puniflmient lobe infli6led. During the hours of labour, they are driven, like a team of oxen or horfes, by the cart-whip ; and this compulsion of labour, by thefhyjical impHlJ'e, or prefent terror of the wbip^ is univerfal with refpeSl to fuch Jlaves as are engaged in cultivating our ijlands. As to civil rights, or any political exigence, they (land on a level with the brute. Immo- derate cruelty to a flave is punidiable as a nuisance, in the fame way as immoderate cruelty to cattle ; but then, it is always difficult, and generally impofllible, to obtain proof of the faft ; for (let it not be forgotten) the evidence of a flave, or of a thoufand flaves, did they all testify the fame thing, would not be available in tl e fmalleft degree to the conviction of one who is free. This, then, is the ftate of bondage to which not only the imported Africans them- felvcs, but their children, and their children's children, for ever and for ever, are inevitably conHgned : and I defy any one to (hew, not only that a (ingle circumftance in this picture is exaggerated, but that it is not a matter of as univerfal notoriety in the Weft Indies, whatever it may be in Europe, as the exiftence of (lavery at all. I do not mean, indeed, to affirm, that this fyftem is not as humanely adminiftered bv fome Weft-Indian planters, as its nature will admit. But ftill fuch is the fyftem which they have ta adminifter. > Let it be remarked, however, that there is one circum- ftance in *Jie lot of Weft-Indian Slaves which jrenders it u even f •>/./ 1 i. 1 i *''a • \ - *". j V'i» m Phi SM • rf^^ ^n > '. \ ," .< ifi even work than that of brutes ; they not only feel the pre* fent paio, but they can remember the paft, they can anticipate the future, they can difcourfe, they can contrive, they can execute, they can didinguifh between right and wrong ; they have had the infolence, at timeS) to exercife this faculty ; nay, they have even dared to prefer a claim to the pofleiion of humanity, by expreffing a ienfe of injury and injutiice, and by fhewing that they can refent it. Hence it is, that, while in this country, we fee men take pleafure in railing their horfies and dogs to a partici- pation of their own enjoyments, and to a place, as it were> in their friendihip and fociety ; the (lave in the Weft -Indies is degraded and thruft-down to the very earth, left, look> ing upwards, fome untoward accident ihould difcover to htm that he is a man, poflefled of the fame common nature with his mafter, and equally entitled with him to feel, and to repel infult, and injury, and torture. Now, I do not hefitate to challenge all the advocates of the Siave-Trade to point-out, in ancient times, any ftate or condition of life, which bears the moft remote refemblance to the Weft-Indian fyftem ; viewed in all its parts, from its commencement in Africa, to its completion in the Weft-Indies. Nay, fo far is it from having any claim to antiquity, that 1 take it upon myfelf to aver that this fyftem, as now conftituted, is entirely a modern invention. It took its'rife in the Antilles, about 220 years ago; and from that time it has been gradually augmenting, until by the accum 'ating wafte of the Britifti capital and Afri- can blood, it haj acquired its prefent hideous form and gigantick dimenfions. ' ' . • "' ^ Still, however, it may be pertinacioufly argued thaty7av- ery is Jlavervy and that no doubt can be entertained of the exiftence of fuch a ftate of fociety among the IlVaelites. The bondage, however, which prevailed among the Ifrael- i '^- ites ll e pro y can ntrive, bt and »xercife I claim fenfe of n refent fee men , partici- it were) ft.Indics fft, look- fcover to m nature feel, and 'ocates of ly date or femblance irts, from |n in the claim to that this invention, ago; and ng, until and Afri- form and IthatyZav- Irtained of Ifraelites. Ithelfrael- ites ites will hqt ^e ifaid, by the ihoft hardy vindicator of the modem Man-Merchant, to have been worfe than that to which the children of Ifrael themfelves had been fubjefted in Egypt. Of that (late they always fpoke as a (late of the mod intolerable oppredion. In comparifon of it, every other fervitude was light. Their deliverance from it, as typical of another and greater delivetance, was called, by way of (eminence, their redemption. So powerful was their imprelTion of the horrors of this date, that the «Vo«/«r- nacey the furnace of affliction^ and (imilar expredions, feem inadequate to cxprefs their conceptions of it ; and Egypt, the land of their captivity, is emphatically termed the house of bondage : and it is by the recollection of their fuffcring in that country, that the Almighty enforced upon them the injuutStion to be kind to the drangers that dwelt among them. Yet what, after all, was the nature of this Egyptian bondage ? "Was its dreadful feverity fuch as to diminiih the number of flaves, and to require frefh importations to (ilU up the void which was caufed by excedive labour, hardi treatment, and fcanty food ? By no means. They multi- plied fo rapidly as to become an objeft of terror to their oppreflTors from their very increase. Had their labours no known meafure or limit, or, was it forced from them at the caprice of an overfeer or driver, by the compelling power of the cart-whip ? No fuch thing. It was the fubjeft of fpecifick and uniform regulation : ta(ks were ap- pointed : the tale of bricks was previoudy named. And, as to food, the dcdi-pots of Egypt had become proverbial among them. Having now, as I conceive, incontrovertibly edabli(hed the radical difTerence between any flavery which could have exided among the Ifraelites, and that which now exiftj in the Weft-Indies, I have at lead demolidied every u 2 thing F- ? ' ' 292 \::U- ■\-H thing like argument in favour of the Scriptural fan^ion of the African Slave-Trade. I would, therefore, entreat thofe well-meaning men in this country, who, from unacquaint- ance with the real ftate of things in the Weft-Indies, have too readily conceded that the fyUem of Weft-Indian bond- age has any countenance in Scripture, to retraft thatconcef- fion ; and to 'be no longer impofed-upon by the mere fimil-' arity of a name, when the things are in their nature fo efleniially diftinift. And let not the Man-Merchants, nor their advocates, any longer infult the common fenfe, to fay nothtng of the religion, of their country, by arguments fo abfurd and impious. It wii! fcarcely be expelled that, after this confutation of the argument deduced from Scripture in favour of the Slave- trade, I (hould think it neceflary to prove the contrariety of thofe practices to which this trade gives birth, as well as of the principles on which it is founded, to the whole tenor and fcope both of the Old and of the New Teftament. That the fpirit of the Chriftian religion ftands oppofed to the flave-trade is too obvious to require proof; I (hall, therefore, content myfclf with having rectified the mis- conceptions which have arifen on this fubjeft from the ambiguous ufe of the Xtrvnjlaverj;^ and with quoting two or three paflfliges of Scripture, which feem to have a pretty decifive bearing on the question. ^ ....,, , , " Therefore all things whatfoever ye would that men (liould do to you, do ye even fo to them ; for this is the law and the prophets." .:«•,. " The law is made for the lawlefs and difobedlentj for men -stealers." " And he that stealeth a man, and fellcth him, or if he be tound in h's hand, he fltall furely be put to death." v'' -■ •' '''^'' '^v^; Your's, Sec. ' ' An Abolitionist. 203 I, M FURTHEH REFLECTIONS ON NEGR'J-SLAVKIiY. J i. ITIONIST. The two preceecling Letters concerning the (late of the Negro-flaves in the VVc(l-Inciics (of which 1 do not know who are the authors,) feem to convey a clear and dillinct account of the very harfli and dreadful puaiflimcnts which are fotnetiines inflided on them by cruel mafters, or by the overfcers entrufted with the management of them by mafters of a different character. But thefe great abufes of power over them we may reafonably fuppofe to be not very frequent ; and it is almoft certain that, now that (by the late aft of Parliament for abolifhing the Slave-trade,) the Weft-India planters will be deprived of the means of pur- chafing new Slaves from Africa, the treatment of their present Slaves will be much milder and more careful than before. For it will now be the intereft of their mafters not to over-work their Slaves, but to require from them only fuch a moderate degree of labour as will contribute to keep them in health and vigour for many years to come, and enable them to raife families of children to afllift them in their fervice to their mafters, and fupply their places when they die. And for this purpofe, the excellent infti- tution of marriage, or fome fimilar and nearly equivalent union between the male and female Slaves, (by allotting one woman to one man, to the exclufion of promifcuous con- cubinage,) and with a great diminution of the labour of the female Slaves during their pregnancy, will, no doubt, be eftablifhed in moft of the plantations, together with feparaie habitations for every married couple, with proi)er accom- modations forrearing their children. And, when iliefe chang- es in the condition of the Negro-Slaves in the Wert- Indies (hall be effefted, (which seem to me to be ahnoft necedary u 3 confe- m^e h^' Si ' i< ^3 1, U h'l . :. !■ '' .*■ ^i •* 294 confcquences of the Abolition of the Slave-Tradc,) they tvill be fo much happier than they had been before, that they will ahnoil ceafe to be obje£ls of compaflion ; though it will be ftill to be wiihed that they may, in fonie future period, and by gradual emancipations of them, by their Matters, as rewards of their good behaviour and long and faithful fervices, be advanced to the ftill better condition of Britifl) freeiBen* This, however, cannot be done fud- denly, without throwing thofe Colonies into general con- fufion ; as has been the cafe in the rich and populous French Colony of Saint Domingo, in conftquenceof a wild, unjuft, and, we may venture to fay, mad Decree pafled by the firft French National Aflembly, called the Conjiituent AJJemhly^ which ordered all the flaves in it to be iumiediately confi- dered as freemen* But this was a meafure which !Mr. Wilberforce, and the late Mr. Charles Fox, and Lord Gren-f ville, and the other members of Parliament, who have for fo many years contended for the abolition of the Slave-trade, and have at length fucceeded in their noble attempt, always declared to be no part of their plan ; nor, as I believe, did any of the friends to the Abolition of the Slatve-Trade, out of Parliament as well as in it, throughout the whole Kingdom of Great-Britain, ever wifli to fee fo unjuft and dangerous a proje6l undertaken. It was a meafure 6t only to be adopted by the wild and wrong-headed enthuliafts of the National AfTembly of France, who, under the mild- eft and moft beneficent of all their kings, the virtuous Lewis the XVI th. (who had already granted to them in the Boyal Seflionof the 23d of June, 1789, three weeks before the taking of the Baftille, all the conceflions and privileges eifential to the permanent eftablidiment of liberty amongft them, which had ever been wiflied-fof by their moft zealous and intelligent patriots,) thought fit t9tj,pverturn the antitnt, and well-eftablifhed Monarchy under which they and their anceftors «95 anceftors had lived, and under which they had, but a few^ yeari^ before, been uncommonly fuccefsfol in the >fcar they had carried-on againft England in support of the revolted Englifh Colonies in North-America. Such a Nation only as France was at that time, under the dominion of a fort of general frenzy that fcemed then to have fcized them, could think of Adopting fo extravagant and ruinous a mea- fure. The emancipation of the Negro-Slaves that are now in the Englifh Weft-Indian Colonies muft, therefore, be brought-about by gentle degrees, and with the content, or, rather, by the fingle and feparate acts, of their fcveral mafters. And the beft method of effefting this further happy change in their condition that I have any where met-with, is that which is described by Lieutenant John Harriott, in th6 36th chapter of his curious and valuable Hiflory of his own Life and Adventures, publiihed in two fmall volumes in duodecimo, in the year 1807, under the title of Struggles through Life, which I have read with great pleafure, and believe to be a very fair and faithful narrative of the feveral adventures and undertakings in which he has been engaged, and in which he has exhibited great proofs of Courage, Induftry, found Judgement, Benevolence, and Publick fpirit, and has given excellent advice to prevent Englifh farmers from leaving OW- England to go to North - America, and fettle there as Land-owners, in the hopes of being foon pofTeffed of fome hundreds of acres of good land, brought into good cultivation ; which hopes, he well obferves, will, moft probably, be grievously difappointed. What he has said upon this fubjeft brought to myrecol!e6tion the following query of Doftor JB^r^/^, the famous Bifhop of Cloyne, in the former half of thelaft Century. Query, ** whether it is not polfible that a man may be lawful owner, in poiTefnon, of a tra£t of land cuntainmg twenty thou- fand acres, and the land very good and capable uf producing !,!■ . J^i ( '-^ • '. w^ it I'm ' »■ •\ 296 very good crops of corn, or other ufeful vegetables; and his title to the land be quite clear and undifputed to him and big heirs for ever; and the land clear of all mortgages, or rent- charges, or ot her burthens, or outgoings, whatfoever; and yet that the faid man, though fo great a land-holder, may be in want of a dinner." The Bifliop had fpent a few years in North-America ; and there, I conjeAure, this query came into his head. — But to return to the fuhje6t of the emancipation ot" the Negro-Slaves in the Weft- Indies, the fuggeftions of Mr. Harriott for the gradual attainment of this important change in their condition, contained in the faid 36th chapter of his ufeful and enter- taining work, are fo judicious, and fo well-defer ibed, that I (hall here prefent my readers with the whole of that chapter in the author's own words. •i i 1i t 1 > i Frowi Lieutenant John Harriott's "Struggles through LifCy" vol. IJ.pages 33a to 348. (C CHAPTER XXXVI. ** Slavery in North America, in Turkejy, Barbary, the European States^ up the Mediterranean^ and in the East and Wejl Indies j Observation on Slavery ; Hints for a gradual Emancipation. > " In fome parts of my account of America, my objec- tions to any thing that feemed to countenance slavery are cursorily mentioned ; and yet I afterwards acknowledge to have purchafed fome (laves. I wi(h to remove any appear- ance of inconliftency on this head, and know not how \ cva. do it better than by giving my opinion on the long- contefted point for the abolition of (lavery. It is an opinion I gave, fome years back, to a much-valued fri-iiJ, who re- quefted i> M 297 quefted it when the fubjeft was fo generally agitated and claimed the publick attention. It is true, fince that time, I have myfclf purchafed slaves j yet have I never changed my opinion, but remain more and more confirmed in it. , " Having feen Slavery in a variety of (hapes, in different parts of the world, not to have coiifidered it would reflect on my humanity : I have often, very often, and wiih fcnfa- tions that varied as the time and circuniflances occurred ; and I believe the surell, (horteft, and cleared, way of deliver- ing my thoughts on the fubjeit, will be by (ketching an outline of the kinds of Slavery that have fallen within my notice. In the general acceptation of the term Slavery there is not, cannot be, a more fincere well-wi(her for a proper abolition than myfelf. How that is beft to be car- ried into execution, fo as to produce the greateft good and occafion the leaft evil, deferves ferious confideration. " In North- America, taking thofe parts to the northward and eadward of Pcnnfylvania, the Slaves are much happier from being better fed, cloathed, and taken care of, than they would be if left entirely to their own* liberty ; I am an ad- vocate, however, for reftoring them to their natural rights, Toenfranchife the whole immediately would not be the beft poflible good for them. What has already been done (in bringing them, or their anccftors, from Africa, to make them Slaves) cannot be undone ; but a continuance of the horrid traffick is unjuft and wrong in the extreme. " In Turkey and Barbary there are two (or more) kinds of Slaves: thofe who are bought, and the Europeans who are made prisoners of war. The (irft we may clafs with the ne- groes in America and the Weft-Indies, while the latter are to be pitied the .moft of any defcription of flaves I have feen. Dreadful, indeed ! is the fituation of thefe xinhappy mortals, compared with whom the flives in our planta* tions are freemen. And here we may lament that we have not T^5* • ■ n ■i)^^ ' km hi * 1 Mil. -I 'I- J 8 ] i^ ; r 209 hot the power to interfere refpe^ting a quick abolition of their Slavery. " ft is unnecessary to notice all thefimilar kinds of Slavery feen in different countries ; I fliall felc6t thofe only that ap. peared to me to differ from the reft. In all the European Stales up the Mediterranean, they have Slaves who have been condemntd as fuch on account of crimes. The juflicd or injuftice of their sentences is no part of the prefent in- quiry ; but, admitting they were fairly tried and convi^ed, t heiitate not to say, I think it much more juftifiable to de- prive them of their liberty than to take-away th2ir lives, let the crime they have committed be what it may. Of courfe I am no advocate for abolifliing this kind of Slavery ; yet it requires numerous regulations to make it anfwer the intend- ed purpofes of punj/hment^ repentance, rejormation, and ^.r- atnple, ** In the Eaft-Tndies Slavery aflumes a milder aspect. Slaves being chiefly bought and kept for domedick uses. The native poor, with large families, in times of fcarcity, think they cannot do 1)etter than to difpofe of their children either to the opulent natives or Europeans } and, being fold when young, they become ftrongly attached to their maf- ters or miftrefles, from whom they receive eviery thing, even to fuperfluities ; fo that to enfranchife them, and turn them adrift to get their own livelihood, would be a punifhment in nine cafes out of ten. " One matter of fa£l is worth a dozen fuppofitions. 1 had a boy fent me from Bengal to Mafulipatam, when about eight years old, as a prefent. My friend, who fent him, wrote me word it was an act of charity : for the mother had been fome time importuning him to take the boy for a flave; and, on mentioning his intention to fend the boy fuoh a diftance, (he was perfeAly fatisfied when informed ft was to an EngliOi Officer of his acquaintance. The boy continued with \ I 'iii 299 itinn of I Slavery that ap* iuropean vho have tie juftice •efcnt in- :onvi£led, jlc to de- r lives, let Of courfe ry, yet it he intend- «, and ex' Jcr aspect, (lick Kses. )f fcarcity, ir children being Ibid their maf- "^ ing, even turn them luni(hment 3ns. 1 had len about Jfent him, Lother had for a flave ; }oy fuoh a Id tt was to continued with with me for fome years. When about to leave Iiulia, 1 offered him his liberty, and to fend him back to Bengal. On the firft mention of the circumftance, he threw himfelf at my feet, as I fat ; and, liititig one of them up with his hands, placed it on his head upon the ground, and deiircd me to kill him rather than turn him away. I accordingly kept him until we arrived nt St. Helena, where I made fome (lay ; and it became a ferious confideration upon learn-* ing that there had lately been great difturbancces in England by the emancipation of fuch numbers, who, thus freed from fervitude and rcftraint, were fwarming about the Itreets of London, diftrefled to the greateft degree. This determined me J I gave him his choice, to go-back to Bengal ^V^^, or to be placed with fome worthy family at St, Helena. Find* ing me refolved not to take him to England, and noticing how happily they lived in the iiland, he preferred being turned -over to a mafter and miftrefs who would take care of him, to having his liberty and returning to his native country ; and I am fatisfied he made the wifer choice. " The Malay flaves, that I obferved on the coaft of Sumatra, both in the Dutch and Englifh fettlcments, differ fo little frcm thofe in the other fettlcments in the Eaft Indies, that it is unnecelTary to fay more concerning them, than that their Slavery frequently originates in an extravagant Ipirit of gaming, which induces the father, when he has nothing elfe to ftake, to gamble-away the liberty of his children : and hence, I infer, arifes that extraordinary kind of mad- ntfs, fo peculiar to the Malays, termed running a muck. I believe, the nervous fyftem of a lofing gamefter is more violently agitated and convulfed by the fenfe of his lofTcs, than by any other voluntary fclf-infli6led operation what- ever; and, where the paroxyfm of the diforder has rifen to fuch a height as to induce the miferable man to hazard his children becoming (laves to another, there- is fcarcely any other ; J I l W- 1 1! h^'' «< * ..:■ k *:;•• ;( \ '. <■ > ' '« :. ■ M ^' ''■ '' ■ J- ^^ ■■ If ii,: 300 other raflincfs he can be gnilty-of that nrcd excite furprife ; yet the manner in which he fecks dcftniftion, which I have related in a former part,* is unaccountable. *^' ' *' I have rcfervcd to the I:ift niy ohfervatioiis on the treat- ment of flaves in our Weft-India planlalif)ns, as /Acy only are the real fi'bjccls of the Abolition-acft; and I conceive the foregoing wil) not be deemed either foreign to the lubje£t, or fuperfluous, fince it may help in foinc degree to account for the apparent difference in the evidence given by different gentlemen before the houfes of parliament, as well as the contradi6lory accounts in the publitk papers. The inhuman and horrid practice of o^/ai//i«^ and cowv^iw^ men, women, and children, from their native land, merely beraufe they are black, and therefore reckoned fitter for work in hot cli- mates than Europeans; the original purchafe, conduced by fraud, force, and artifice ; the tranfportati'^n and fale of them, in a foreign country, for (laves ; akogcther present the pi£l urc of fo diabolical a traffick, that I cannot fufficiently exprefs my furprize at finding there are yet advocates for its continuance, after the inhumanity of the pra6lice has been fo ably and juftly expofed : for it is a mockery of juftice, as well as an infult to common mrlerftanding, to fay, that, from motives of humanity, they are removed by compul- fion from a worfe to a better fituation. ** Let us fuppofe there were inhabitants of fomeuiftant country, as fuperior to us in ftrength of arms and under- Handing as we efteem ourfelves to the poor Africans; and, irufting in that ftrength, let us farther fuppofe they were to come hither, and, among others, to make free with thefe advocates for flavery. I imagine thefe gentry would not be better reconciled lo their fate, from being told, by their mafters, it was doing them a kindnefs to carry them from *•• Vol. 1. chap. xlv. p. 205. Vi\/> home 1 SOI home to live in (lavcry under people fo much tbei fupcrlorf adding, withal, il was likewlfe neciffaryy or they (their lord* and mafters) could not oihcrwife enjoy qjiite fo many fuper- fliiiiiesj and, I fear, that nothing (hort of fo forcible an argument coultl, or wouM, convince them. For, as Mif» Hannah Maria Williams obferves in one of her letters from France, (only I fubftitute the abolition of (lavery for the de- molition of the Baftille,) " Thofc, who have contemplated on flavviry without rejoicing at the profpe6l of an Abolition, may, for aught I know, be very refpedlable perfons, and very agreeable companions in the hour of profperity ; but, if my heart were finking in anguifh, I (hould not f^y to them for consolation." 1 believe il is Sterne who fays, that a man is incapable of loving one woman as he ought, who has not a fort of an afTcAion for the whole fex. I am of the fame opinion ; and as little fhould I look iov particular fympathy from thofe who have no feelings of general philanthropy. " To return ; the poor Africans, thus cruelly carried-over to the Weft-Indies, are expofcd at a publick market, fre- quently at a vendue, (or fale by auction,) and fold, like hearts of burden, to the higheft bidder. Afmall proportion are fele■ W f •V .*c imi^ •■' f'' )':i 306 pence, one other year will purchafe him another day of li- berty; and the heaviefl half of his talk is then accomplifhed. He is now half free, beginning to feel a proportionate confequence, and may probably increafe his own enjoy- ments a little more. Admitting this, in two years, or two years and a half, more, he may compleat the full purchafe of his freedom ; but if, inftead of fix years, it fliould even take them feven, eight, or nine, years, it would be farbetterfor them than if they had their full liberty and freedom at once ; and, being the work of their own hands, by favour of their mafter, it inculcates two good principles: induftry, with a true know- ledge of its value, from which it is likely to become habitual; and gratitude to their matter, whofe work they will then be happy to do as free fervants. Nor have I much doubt but that the pleafing hope of fuch liberation, while they are gaining it by degrees, >ill afford them nearly, if not quite, as much comfort as the final attainment of it. At any rate, the gradual acquirement of it will be the beft means to prevent their being madly intoxicated at the completion. They will know the value better, and will have gained fjch habits of induftry and frugality as to infure their future welfare. The owner receives the full value, with an am- ple intereft, from the work clone for him, and will alfo enjoy the high mental gratification of liberating a fellow- creature from flavery. In the account of my farm in the flate of New- York, I have mentioned the mode I adopted there for liberating those 1 purchafed, which was as fimilar to the foregoing as the 'dif- ference of climate and country would permit ; and the gen- tlemen, with whom 1 left them upon the farm, engaged lo fulfil and purfue the fame plan. I allow that the bulk of the (laves employed in the Weft- India plantatioi>s have the appearance of being but a few degrees above the brute creation j but it is their fituation which J[T H-ri •;[ ■ 307 which makes them fo. Teach them belter by good usage, and fiimulate them to induftry by fweetening their bitter cup with a cheering profpe£t of obtaining their hberly j and they will foon exhibit sufficient proof of their capacity to de- ferve and enjoy it. At our family-devotions on Sundays, my negroes, whom I called-in to attend likewife, could fcircely conceive what was propofed j yet in a ihort time, from receiving the beft inftru^ions in my power, and per- ceiving, in my addrefs to the one Almighty God, that they were confidered as equaj in his eye, according to their de- ferts, they attended, with earneftnefs and gratitude, to be better informed of their dependence on his Providence for the comforts of this life, with the hope of a better hereafter. Thefe were circumftances, concerning which their former owners had never given them the fmalleft inftrudion. I muft acknowledge there was one thing refpe6ling the negroes in fome parts of America, which adoniihed me much ', nor was I ever able to account for it to my own fatisfaction : but truth requires it to be mentioned. On the subjeA of flavery, every feeling heart will natural • ly fympathize for the parent whofe mind, we fuppofe, muft be tortured with agony when he confiders his children born to perpetual flavery j yet how {hall we account for the very common praftife, among the fre€ negroes in America, of preferring to marry y/av^-wenches, by which they make all their children flaves ? The fa& is fo ; and the only reafon I could learn, or can aflign, for it,is '■ ' ■'" t W-'w ^ P ' (■ £>• ^^ M^ ''■ If > M a''^w''' » ^ Ifpl' l^i ff r Rt^Jp^;' £ 1 1 flfc , ; S Ijfjl t* , THE PRE-EMINENCE AND DUTY ov PARLEMENT. Written in the year 1646, by James How elly Esq, The following difcourfe on ihe Engliflb Parliament is the firft feftion of a pohtical traft written about the year 1646, by James Howell, Esquire, an eminent writer of that time, who was attached to the party of King Charles the Firft, in the time of that Great Civil War, and was imprisoned in the Fleet-prifon during feveral years by order of the Parlia- ment, on account of fuch attachment to the Royal cause : hut after the restoration of King Charles the Second, he was inadeHiftoriographer royal to that King; and in the yearr '^61, he publilhed at London afmallvolum'i in duo- decimo, containing twelve fmall trails, relating to the caufes of the late civil wars and revolutions in England, Scot- land, and Ireland, which he had written many years before at different times, in the courfc of the faid Civil War. In this volume, page 343, &c. I met with this defcription of the nature and powers of the Englifh Parliament, which, I thought, exhibited fo juft and lively a picture of the advan- tages belonging to the Limited Alonarchy of England, under a king and two houfes of Parliament, that I resolved to pre- fent it to my readers in this mifcellancous collcAion of fmall trails relating chiefly to political fubjefts. F. M. I AM a free-born sulje£l of the realm of England; whereby 1 claim, as my native inheritance, an undoubted right, propriety, and portion in the Laws of the Land: and this diftinguiiheth me from a Jlave. I claim likewile thi» i.;- 309 proiedion from my fovcrain Prince ; who, as he is my liege Lord, is obliged to protect me ; and I, being one of his liege people, am obliged to obey him, by way of reciprocation. I claim alfo an intereft and common right in the High National Court of Parlement, and in the power, the privi- ledges^and jurifdi6lion thereof, which I put in equal ballance with the Laws, in regard it is the fountain whence they Spring ; and this I hold alfo to be a principal part of my Birth right : which Great Council I honour, refpetl:, value and love in as high a degree as can be, as being the huU wark of our liberties, the main boundary and bank which keeps us from Jlavery, from th^ inundation of tyrannical rule, and unbounded will- gov erjiment. And I hold myfclf obliged in a tye of indifpenfable obedience, to conform and fubmit myfelf to whatfoever (hall be tranfa6ted, con- cluded, and conftituted by its authority, in Church or State, with the Royal aflent, whether it be by making, enlarging, altering, diminifhing, difannuiling, repealing, ur reviving, of any law, (latute, a^, or ordinance whatfoever, either touching matters ecclcfiaftical, civil, "ommon, capital, criminal, martial, maritime, municipal, or any other; of all which the tranfcendcnt and uncontrollable jurifdiftion of that Court is capable to take cognizance. Amongft the three things which the Athenian Captain thanked the gods for, one was, that he was born a Grecian, and not a Barbarian \ (for fuch was the vanity of the Greeks, and, after them, of the Romans in theflourifh of their mo- narchy, as to arrogate all civility to themfelves, and to terme all the world beiides Barbarians:) fo I may fay that I rejo- , that I was born a valTall to the Crown of England; thai 1 was born under fo well moulded and tempered a Governmenl^which endows the fubjed with fuch Liberties and infranchifcments that bear-up his naturall courage, and keep him dill in heart fuch Liberties that fence and fecure him eternally from X 3 the ^'1V v.; ■ Wr^'. 510 ,M :l the gripes and tallons of Tyranny: And all this may be inputed to the Authority and wifedome of this High Court of Parlementf wherein there is fuch a rare co-ordination of power (though the Soveraignty remain ftill entire, and untransferrable, in the perfon of the Prince) there is fuch a vvbolP.)tn mixture 'twixt Monarchy, Optimacy, and Demo- cracy, 'twixt Piince, Peers, and Commonalty, during the time of confultation, that of fo many diftin£t parts, by a rare co-operation and unanimity, they make but one Body politick^ (like that (heafe of arrows in the Emblem) one entire concentricall peece, the King being ftill the Head, and the refults of their deliberations but as fo many har- monious diapafons arifing from different ftrings. And what greater immunity and happineflfe can there be to ft Peeple, than to be liable to no Laws but what they make themfdves: to be fubjeft to no contribution, affeflement, or ail/ pecuniary erogations whatfoever, but what they Vote, and voluntarily yeeld unto, themfelves : for in this compacted politick Body^ there be all degrees of people reprefented ; both the Mechanick, Tradefman, Merchant,, and Yeoman have theirinclufiveVole, as well as theGentry, in the perfons of their Truftees, their Knights and BurgefTes, in pafling of all things. Nor is this Soveraign Surintendent Council an Epitome of this Kingdom only, but it may be faid to have a repre- fentation of the whole Univerfej as I heard a fluent, well- worded, Knight deliver the laft parliament, who compared the beautifull compofure of that High Court to the great work of God, the World itfelf ; the King is as the Sun, the Nobles the fixed Stars, the Itinerant Judges and other Officers (that go upon MeflTages 'twixt both houfes) to the Planets j the Clergy, to the Element of Fire ; the Commons, to the folid £ot/y of Earth, and the refl of the Elements. And, to purfue this comparifon a little farther ; as the hea- venly ,' / 311 veiily Bodies, when three of them meet \n CotijunSiionf do ufe to produce fotne admirable effects in the Elementary World ; So when thefe three States convene and aflemble in one folemne great lunta, fome notable and extraordinary things are brought-forth, tending to the welfare of the whole kingdom, our Microco/wie. . . ^ *..'! ■! He that is never fo little vcrfed in the annals of this Isle, will find that it hath bin her fate to be four times conquered. I exclude the Scot: for the fituation of his Country, and the Quality of the Clime, hath been fuch an advantage and fecurity to him, that neither the Roman Eagles would fly thither for fear of freezing their wings, nor any other Nation attempt the work. Thefe, fo many, Conquefts mud needs bring with them many tumblings and toflings, many diflurbances and chang- es in Government; yet I have obferved, that, notvvithftand- ing thefe tumblings, it retained ftill the forme of a Monarchy ^ and fomething there was always that had an Anilogy with the great Affembly ofparlement. The firft Conqueft I find was made by Claudius CaJ'ar: at which time (as fome well obferve) the Roman Enjignes and the Standard of Chrijl came-in together : It is well known what Lawes the Roman had ; He had his Comitia, which bore a refemblancc with our Convention in parle- ment ; their place of their meeting was called /ri'j^/oriww, and the Laws which they enabled, Plebifcita, The Saxon Conquefl fucceeded next, which were the Engltjby there being no name in IVelJh or Iri/h for an Englifhman, but Saxon, to this day. Thefe alfo governed by Parlement, though it were under other names, as Miclul- Sinotb, Michel Gemote, and IVitena Gemote,* I '^iir. J I" •M i ' ij 1 " i'' If A * 'I'hese words mean tlit Grtut S/iioJ, ike Great I^lcftimy, mul tf:f Metiiiig of wise tmn. '. ' There 313 *• There are Records, above a thoufand years otd^ of thefe Parlements in the Reigns of King J«a, Offa, Etbelberi^ and the reft of the feven Kings during the Heptarchy, The Briti/h Kings alfo, who retain'd a great while fome part of the Ifle unconquered, governed and made Laws by a kind of Parlementary way; witnefle the famous Laws of Prince Howell^ called Howell Dba, (the good Prince HowellJ whereof there are yet extant fome Britifh Records. Parlements were alfo ufed after the Heptarchy by King Kenulphus, Alpbredy and others: witnefle that renowned Parlement held at Grately by King yltheljian. The third Conqueft was by the Danes : and they govern'd alfo by fuch general! Aflemblies, (as they do to this day) witnefle that great and fo much celebrated Parlement held by that mighty Monarch CanutuSf who was King of England, Denmark^ Norway, and other Regions 150 years before the compiling of Magna Charta; and this the learned' in the Laws do hold to be one of the fpecialeil and uioft authentick pceces of antiquity we have extant. Ed- ivnrd the Conftflbr made all his Laws thus, (and he was a great Legif-lator,) which the Norman Conquerour (who, Jiking none of his fons, made Godylhnighty his heir by bequeathing unto him this Ifland for a legacy) did ratifie and eflabKfli, and digefted them into one entire methodical! Syfteme, which being violated by Rufus, (who came to fuch a difaflrous end as to be (hot to death in lieu of a Buck for his facriledges) were reftor'd by Henry the firft; and fo they continued in force till King khn ; whofe Reign is renowned for firft confirming Magna charta, the founda- tion of our Liberties ever Since ; which may be eompar'd to divers outlandijh graffes set upon one Englijbjlock j or to a pojte offundry fragrant Jlotvers ; for the choicefl of the Briti/h, the Roman, Saxon, Duni/h, and Norman Lawes l)cing cuird and pick'd-out and gathered, as it were, into one bundle, 513 bundle, out of them the forefaid Grand Charter was extract*' ed ; and the eftablifliment of this great Charier was the work of a Parliament. Nor are the Lawes of this IJland only, and the freedome' of the Subject in it, conferved by a Parlement ; but all the beft-policed Countries of Europe have the like. The Ger- manes have their DietSf the Danes and Swedes their Rijck Dacbs ; the Spaniard calls his Parlement las Cortes ; and the French have, (or fliould have, at leaft) their Affemhly of three States^ though ft be growne now in a manner obfolete, becaufe the authority thereof was (by accident) devolv*d to of uwkmg the Kine^, And verv remarkable it is, how this happened : °^ France's = ' ' . . power of for, when the Englt/h had taken fuch large footing in moft imposing parts of France^ having advanced as far as Orleans and subjects in driven their then King Charles the feventh, to Bourges in fhe''sle"**f Berry, the A/Jembly of the three States in thefe preffures, France, . . ' , 7 c u r 1 • r 11 D without the bemg not able to meet after the uiual manner m full Par- consent of lement becaufe the Countrey was unpaffable, the Enemy statesof the having made fuch firme invafions up and down through ^'"sy**^^ the very bowels of the Kingdom j that power which for - or Gentry, merly was inhserent in the Parlementary Affemhly^ of Third Es- making Laws, of affeffing the Subjeft with taxes, fubfidiary common- levies, and other impofitions, was tranfmitted to the King a'ty- during the war; which continuing many years, that entruft- cd power by length of time grew, as it were, habitual in him, and could never after be re-aflumed and taken from him ; fo that ever fince, his Edi&s countervaile AEls of Parle- ment, And that which made the buiinefle more feafable for the Kingi was^ that the burthen fell mod upon the Commonalty; the Clergy and Nobility not feeling the weight of it, and being willing to fee the peasan pull'd- down a little, becaufe, not many years before, in that nota- ble Rebellion, call'd la Jaquerie de Beauvotjiny which was fupprefled by Charles the wije^ the Common people put themfelves :'>i; in. 314 E!»'' ■I:* themselves boldly in Arms againft the Nobility and Gentry, to lefTen their power. Adde hereunto, as an advantage to the work, that the next fucceeding King, Lewis the eleventh^ was aclofe, cunning, Prince, artd could well tell how to play his game, and draw water to his ov/n mill } For, amongd all the red, he was faid to be the firft that but the Kings of France, Hors depage, out of their minority, or from being Pages any more, though thereby he brought the poor pea- fans to be worfe than Lacquays^ and they may thank tbem- selves for it. Neverthelefle, as that King hath an advantage hereby one way, to Monarchize more abfolutely, and never to want money, but to ballajl hispurfe when he will j fo there is another mighty inconvenience arifeth to him and his whole Kimgdom another way j for this peeling of the Pea- fan hath fo deje^ed him, and cowed his native courage fo much by the fenfe of poverty (ivhich brings along with it a narrownejfe of foulj that he is little ufeful for the war: which puts the French King to make other Nations mer- cenary to him, to fill-up his Infantery : Infomuch, that the Kingdom oi France may be not unfitly compared to a body that hath all it's bloud drawn->up into the arms, breads and back, and fcarce any left from the girdle downwards, to cherifh and bear- up the lower parts, and keep them from flarving. All this ferioufly confidcred, there cannot be a more pro- per and pregnant example than this of our next Neighbours to prove how infinitely neceflary the Parlement is to alTert, to prop'Up, and preferve, the publick liberty, and national rights of a people, with the incolumity and welfare of a Countrey. Nor doth the Subje£l only reap penefit thus by Parlementf but the Prince, (if it be well confider'd) hath equal advan- tage thereby. It rendreth him a King of free and able men; 315 J men ; which is far more glorious than to be a King of Cow- ards, Beggars, and Bankrupts ; Men that, by their freedom and competency of wealth, are kept Oili in heart to do him fervice againft any forrain force. And it is a true maxime in all States, that 'tis lefTe danger and di(honour for the Prince to be poor, than his people : Rich Subjects can make their King rich when they pleafc ; if he gain their hearts^ he will quickly get their purfes. Parlemeni encreafeth love and good intelligence 'twixt him and his people : it acquaints him with the reality of things, and with the true ftate and difeafes of his Kingdom ; it brings him to the knowledge of his belter fortof Subjects, and of their abili- ties, which he may employ accordingly upon all occaHons f It provides for his Royal ilTue, pays his debts, finds means to fill his Coffers; and it is no ill obfervation, that parle- ment-moneys (the great Aid) have profpered beft with the Kin^s of England: It exceedingly raifeth his repute abroad, and enableth him to keep \i\%foes in fear, his Sub^ j«&s in awe, bis Neighbours and Confederates in fecurity, the three main things which go to aggrandize a Prince, and render hitn glorious. In fumme, it is the Parlement that fupports, and bears* up the honour of his Crown, and fettles his throne in fafety j which is the chief end of all their confultations : for whofoever is entrufted to be a Member of this High Court, carryeth with him a double capacity ; he fits there &3 a Patriot, and as a SuhjeS : as he is one, the Country is his object, his duty being to vindicate the publick liberty, to make wholefome Lawes; to put his hand to the pump, and (lop the leaks of the great vefTel ot the State ; to pry into, and punifli, corruption and oppref- lion ; to improve and advance trade; to have the grievances of the place he ferves-for redrefled, and to caft^about how to find fomething that may tend to the advantage of it. But he muft not torget that he (i;s there alfo as a SubjeS : and ^■'^ 'A V si m ft ■■v i' ' w { ' Mill! r I '■ 'f S\fi and according to that capacity, he mud apply himfelf to do his Soveraign'thuCiaefCty to provide, not only fur his publicif but his per/onalf wants ; to bear-up the lullre and glory of his Court i to conlider what occafions of extraordinary ex- penres he may have, by encreafe of Royal iflue, or mainte- nance of any of them abroad ; to enable him to vindicate any aflront, or indignity, that might be offered to his perfon, Crown, or dignity, by any forrain State or Kingdom, or intejiine Rebellion ; to confult what may enlarge h\sbonour, conterttmmt, and pleasure. And as the French Tacitus (CominesJ hath it, the Englifh Nation was ufed to be more forward and zealous in this particular than any other] accordingtothat ancient, eloquent, fpeechof a great Lawyety Domum Regis vigilia defendit omnium^ otium illius labor tmnium, deliciee illius indiiftria onmiumj vacaiio illius occupatio omnium, falus illius periculum omnium, honor illius ohjeSlum omniurn. Every one (hould (land Centinell to defend the King's houfe, his safety (hould be the danger of all, Yiis pleasures i\it induftry oi d\\, his eafe (hould be the labour of all, his honour the ohje£i of al . Out of thefe premiffes this conclufion may be eafily de- duced, that, the principall fountain whence the King derives bis happiness and safety, is bis parlement ; it is that great Conduit-pipe which conveighes unto him his people's bounty and gratitude; the trueft Looking-glafTe wherein he difcenies their loves; (now the Subje£ls lave batb been al- ways accounted the prime Cittadell of a Prince J In hisPar- lement he appears as the Sun in theMeridian, in the altitude of his glory, in his higbefl State Royal, as the Law tells us. Therefore whofoever is averfe or difaffe£led to hisSoveraign Law-making Court, cannot have his heart well- planted within him ; he can be neither a good Subject, nor a good patriot, and therefore is unworthy to breath Engli(h air, or have any benefit, advantage, or protection from the Laws. END OF Mr> Howell's discourse on parliaments- 317 A MEMORIAL l'RU>».N IBU lO QUEEN ELIZABETH, ^(iAlNSr HER MAJLSrVS IJKING ENGROSSD BY ANV PAHTlCULAll FAVOIKITE mitlen by WILLIAM CECIL, Lord Burleigh, then Lord High Treasurer qf England- } ■% May it pleafe your Majeftyj Full of Aflurance, that my unfeigned Zeal for your Majefty's Intereft and Service, will be evident in what I humbly prefume to Remonftrate to Your Majefty j I shall venture to speak my mind with a Freedom worthy the noble End and Aim of my Design, When any Man, that is as ambitious as myfelf of engaging your Majesty's good Opinion of my Actions, and your Favour on my Endea- vours, (hall attempt to plead againft any Particular's en- grojjing your Royal Ear, he cannot well be fufpe6ted of directing his DifcouHe and SoUicitations on that Head to any private Intereft and Advantage : Since, by advancing the contrary Po/ition, he might hope perhap?, in time, and in his turn, by the force of Induftry and Application, to en- joy the Benefit of it. Secure ■ nk mi :318 ■u Secure, therefore, in my Zeal for the Welfare of my Prince and my Country, I (hall venture to appeal to your Majefty's Knowledge of Hiftory, whether it aflFord any one Inftance of that Nature, which has not been, or was very likely to be, oi fatal Confequence to the Prince or the people^ or both. I will not inlift on Sejanus, or any other of the Roman Minions, to whofe Ambition or Avarice, when the Nobility had fallen in Numbers, and the people felt the Rage of their exorbitant PaffionSf unfatisfy'd with what they poflefs'd, they have aim'd at the Life and Throne of the Prince that raifed them. The Reason of which is plain; becaufe, having only themfelves and their own private Ad- vantage in view, they make ufe of the Prince only as the means of tlieir own Grandeur, without any regard to his real Service, or the Publick Good, againfl which it is im- poilible to do the Princea. A King, bj> his Royal Office, is the Father of his Country; whofe Eye ought to watch over the Good of all and every ow^ of his Subjefts, in the Juft execution of the Laws, and the impartial difpenfation of Prerogative ; in Redrejfmg of Grievances, Rewarding Vertue, Puni/hing Vicet Encourag- ing Induflry, and the like. But Princes, though- the Vice- gerents of Heaven, being not endued with Omnifcience, can only know thefe Grievances, Virtues, Vtces, Induftty, &c. of the People, and their several Exigencies, by the Eyes and Information of others ; nor can this be done by truft- ing to any one particular Favourite, who having no more, nor larger. Qualifications than his Prince, can have no other means of informing him aright, than what his Prince has without him. Nay, it may very well be faid, that he has not any means fo sure and infallible ; for the Prince, if he confult his Great Councils, and only adhere to their Publick Decijlans, cannot mifs of knowing all that is ne- ceflfary to be known for his own Glory, and his people's "'■" '■ Good', 319 Good 'f which are infeparable : but the Favourite^ having private Defigns to carry-on, receives his Information from thofe, who muft reprefent things to him as he would have them, by that means to make their Court, and fecure that Succefs to their Wifhes, for which they daily pay the Ador- ation of lo much fl ittery. But, if, by the wonderful Per- fpicuity and Application of the Favourite, he (hould attain a true knowledge oi the ftate of things ; of the Inclinations, and Defires of the people ; it is Forty to One, that, thefe clafliing with his private Aims, he gives them another Face to the Prince, a turn more agreeable to bis feparate Tnterejt, though equally deftru6tive of his Mafter*s and Country s Good. , , The only way, therefore, for a Prince to govern wtth fatisfa6lion to his own Confcience is to be the Common Fa- ther ©/"all hisCountry, to bear the advice of ^\ bis councellors, and to have an open Ear to all the Grievances and necejjities of all his People, Which can never be done while any One Man has the luck to poffcls the Royal Favour fo far as to make his Advice an over- balance to the whole Nation, They gain by that means a Power, which they extreamly feldom, if ever, ufe for the People* s or Prince's Advantagti, but moft commonly, if not always, to the deftru£iion of both. There are Examples enough of this to alarm any IVife and Politick Prince. The Mayors of the Palace in France, at laft pofl'effed the Throne. And Domejtiek In- fiances might be given of thofe, who, by their excejjive Power, have, if not themfelves polfeU'd, yet deprived and fet whom they pleas' d on the Throne. v, - ^.*^-\A"^ But, omitting what your Majefty knows extreamly well, I fhall only give you a view of a great Favourite in the Reign of your i?o>'fl/ Father', a true Profpeft of whofe PraAices and Ambition, may warn your Majelly againfl all thofe, who wou'd engrofs not only your Majefty's Ear, iti be, if not in Name, yet in Effed Kings of your People. I mean Cardinal Wolfey^ whofe Fame has been pretended to be vindicated by a Domeftick of his, in the Days of the late Queen. And, tho' I (hall not deny his admirabit Qualifications and Parts ; or his Juftice in many Particu- lars ; yet I (hall (hew, that the ills he did, were much more prejudicial to the King and People^ than the Good he did was beneficial to them. Whatever he did, as Chancellor, (allowing his Decrees to have been all Equitable and Ju/tf) will not be fuf)icient to deftroy my AflTertion j (ince that only reach'd/ow* Particu- lars, who had Caufes depending before him ; but the many Exorbitances of his Adminiflration, fpread to the whole Peo- ple ; as will appear from thofe few Inftances which I (hall give, by which he put the King on the moft illegal Attempts to replenifh that Exchequer, which bis Ambition and Pridt, more than any Profufion, or Kxpences, of the King, had exhausted. The Reafon of this AflTertion will be plain, if your Ma- jeily will refle6t on the more than Royal Retitiue, which (tho* a Subjeft of the lowest and most plebeian Ri/e,) he maintain'd. For, not to wafte yourMajefty's important Hours with a long Catalogue of the Particulars, he had in his Family, One Earl, nine Barons, and Knights, Gentle- men, and inferior Officers, about One Thoufand. For the Maintenance of whom he was once polTefs'd of the Almo- ner/hip, the Bi(hopricks of Tournay, Lincoln and York, and Durham, St. Albans in Commendam, the Bi(hoprick of Winchester, in exchange for that of Durham, the Revenues of thofe of Bath, Worcester and Hereford, was Lord Chancellor of England, and had the difpofal of all Places of Truft and Profit, and fingly and alone dispatched all Publick Negotiations. liut ^ i:^ S^l But the maintenance of fo numerous a Dependance, was not perhaps the Moyety of his Expences; he had long entertain'd an Ambition to be Pope. And he was too wife to attempt any thing in the Conclave^ or Court ofRomc, by means of which he cou'd have no hopes of Succefs. Mo' ney has always been the only Argument which has pre- vails in the Papal EleBlons, or in the particular Inlerefts that the Princes in Obedience of that See form for them- felves or Favourites, The Cardinal therefore muft be at an expence proportionabU to the vehemence of his Dcfires : Which having no Bounds ; his Largefles, to obtain that End, cou'd be bounded by nothing but the Abilities oS the King and Kingdom, the Treasure of which was wholly at his Command, This was the Reafon, that prevaii'd with him to engage the King, his Mafler, to Und Sums of Money to the Em- peror, whofe Poverty was fo well known that he cou'd have no Profpcft of ever having them Repay'd. 'Tis true, the Emperor and the Court of Rome were not fair Chap- -,n, but received his Money, and, at the fame time, in- /('/d of promoting, obftrufted all his Aims at the Tr'ipplc' Crown, Thefe incident Charges, join'd w iih the conjtatit Expences of fo immerous a Retinue, occafion'd perpetual and large Di/burfements ; and these put him on exlraor' dinary IVays and Means of providing a Fund for their Continuance. To this end he grants Commiflions, under the Great Seal of England^ which oblig'd every Man, on Oath, to deliver the true Value and Eftimate of his Eftate, and to pay Four Shillings in the Pound for eve>j> Fifty Pounds and upwards. This was fo heavy and /evere a Tax, that it's being Authoriz'd by Parliament wou'd not have freed it from the Imputation of an OppreJJion of the SulJeSi : But to be done by the private Authority of A y Subjcdi J^r.^ri ■i.'' 1 - <■'» *:' Mi 322 SubjeSl, is what wants a Name. And that it was fo, iiotwithftanding the Great Seal was affixM to the CoTnmif" fions, is plain, from his Majeily's dijowning the Matter, as fuch a Violation of the Fundamental Rights of the Peo- pUy and a total dtfolution of Magna Cbarta, that no wife King of England cou'd be guilty of. A juft confideration of this, made the King declare. That, tho* bis Necejfitus were great, yet he Jbou'd never think tbem great entugb to make bint attempt tbe raifing Money by any but tbe Legal way, of the People's consent in Parlifiment. Tho* the King had made this Declaration, and the Cardinal found h'lsj^r/i illegal Projed defeated ; yet, fince Money was to be had, or his Deiigns fall to the Ground, he once more trys one as little agreeable to Lawjiis the ibrmcr, tho' not fo odieus and unproper. He therefore puts the King on dcfiring a Benevolence of the People without an j4ct of Parliament, And the Commiffioners, (who were the Cardinal's Creatures, and employ'd by hipi) exacted this Money ^ not as a free Giftj but as if due by Law. But in this he was exactly difappointed, tho' at the Ex- pence of bis Majter's Reputation ; for the People, pleaded, a Statute of Richard III. and objlinately refused to pay it. But, Madam, I muft remember to whom it is that I am fpeakingj to one of the Wifeft and Beft of Princes, as being entirely free from all vicious Inclinations ; and of too good Judgment to be inpos'd-on, by \\m: fairest Appear nces of Firltie, fo far as to lofe the jufter Confideralioiis of I'ublick good in the fliii'.ing Qualities of any partuular: Under you, Madam^ we find ihat Saying true, Hoiu happy is the Kingdom \_thtit is] gt.'jern*d by a Philrfopber ! We f(el the Blefling, and every Day experience the Manna of your Reign. nd, bozu indtilgent foevcr your Mojcfty may be th'jught to the eminent Excel/incies of fome^ yet I have no ijianner ot Fear, that they will ever be able to expfd your Majejttfs Cs. \ I.' fit »; 323 Majisty's Affections from all your other Subjects, or make you ever deviate to a Particularity in their Favour, against ibe Good and univerfal Cries of your People, This Noble Temper in your Majefty it is that fecures me sgainft a// Fears from this Freedom, which I have taken ; fince you will eafily fee a Publiek Spirit, void of all private Jims, fhine through the whole, 1 have therefore only to add my ardent Wiflies for the profperous and long 'Reign of your Majesty over a People that arefenjible of the BleJJing wbicb Providence has lejlowed on them in their gracious ^een, , ;_ . [This memorial is re-printed from pages go, loo,**— ill, of a very small volume of political tracts, called 7ht Galf(Ua, w M^sttrits^ of Slatf, published at London in the year 1715.] y--,^-> ''■'■iM ■ ■ 43 ■i''. '!i t' ■ 1: ■■'■■■ ./ 1,. . 1 ' ' . ' ■ ill'. ■ , ■ I. i. r. " :vr i. '■■■ <' - » V 3 TIIS m ii'l] i.'V Hi: 'Mvur. \ .r. tr 324 THE STATE t . or A SECRETARIES PLACE, THE DANGERS INCIDENT TO IT. IVritt'en by ROBERT CECIL, Earl of Salisbury . Reprinted from thi Cahala, pages 1 1 5, 1 10,-1 SO. .MV^, . All Officers of State and Counfellors of Princes, have a prefcribed Authority, either by Patent, by Oath, or by Cuftom ; the Secretaries Place only excepted : but to them there is allowed a Liberty to Negotiate at Discretion, both at Home and Abroad, wiih Friends and with Enemies, in all Matters of Enquiry to gain Intelligence. All the Servants of Princes deal upon ftrange and cau- tious Authority and Warrants for it : as in Disburfements and Receiving of Money by Treafurers, Receivers, &c. Which is done by fufficient Warrant; and in Conference with Enemies, as Generals by Commiffions ; in executing of all Offices, as Officers by their Patents; and fo iu whatever elfe: Only a Secretary hath no Warrant or Comniiffion, in matters of his own grcatell Danger, but \\\\\{\ rtly upon the Word and Integrity of his Sovereign. For fuch is the Multiplicity of Occafions, and the va- riable Motions and Inttniions of Foreign Princes, and their daily Pra , i- « 1 i'i'I ii' 330 i :> they convey no right to any toleration at all, becaufcf no degree of toleration of that religion is already actually allowed by the laws of Great Britain in any p&Tt of the Briti(h dominions. :2dly, Suppoiing thefe words not to refer to any tole- ration of the Catholic religion now a^ually fubfifting by virtue of the laws of Great Britain, but to mean only fuch a degree of toleration as (though it does not actually fublid in any of the BritiHi dominions by virtue of the laws of Great Britam, yet) may fublift without a breach of the laws of Great Britain, yet Aill there will be great reafon to think that the laws of Great Britain do not permit this toleration in any degree. For in the drd place, the (latute of 1 £Ii2. cap. i. for re- iloring the fupremacy in ecclefiaftical matters to the Crown, exprefdiy extends to all the Queen's future do- minions, as well as to thofe belonging to the Crown at the time of making the a6l. The words of the i6th fe6lion are as follows : " Be it enacted> &c. that no " foreign prince, perfon, prelate, &c. fpiritual or tem- " poral, (Iiall at any time hereafter ufe, or exercife, any ** mannerof power or jurifdi^lion. Spiritual or Ecclefi- '< aftical, within this realm, or within any other your ** Majefty's dominions, or countries, that now be, or ** hereafter shall hcj but (hall be clearly abolifhed out of " this realm, and all other your highnefs's dominions *• for ever." And in the next feftion, all (his ecclefi- aftical jurifdi£iion, or fupremacy, is united and annexed for ever to the Crown. It is clear therefore that the King is, by the laws of Great Britain, fupreme head of the church in the province of Quebec, as well as in England itfelf. Now it is the very effence of Popery> that the Pope, and not the King, is fupreme in all fpi- ritual matters^ Confequenlly this eflential aniele of Popery ss\ yapery cannot, by virtue of the ftipul.uion in the ilcfiui- livc treaty, be tolerated ; but all appeals to tl»e Pope, all exercifeM of ecclefiaftical authority in Qucb'v, by the Pope, or his legates, or any other perfon connniflioned by him, all nominations to benefices, or to the bi (hop- rick of the province, (which is a power the Pope has hitherto exercifed, at leaft fo far as to approve the bifliop before he entered upon the fuiK^rons of his office) nnift now be illegal and void. But this aft goes a great deal further; for it requirci all ecclefiaftical perfons wbatfocver, and likewife all lay-perfons holding temporal offices, or employed iti thefervice of the Crown, and likewife all perfons hold- ing lands of the Crown, and doing hrnage for them, !-> take the oath of fupremacy to the Ouecn, or her fn.;- ceflbrs, under pain of loting their benefices, or tempo- ral offices, &c. and this not only in th« realm ot Eng- land, but in any of the Queen's hichnela'sdomniioiu So that by this part of the aft, all the Canadian dcr; y_ and a great part of the laiely, might be requi' c! >o take the oath of fupremacy, wtiich it is well knovn tl ■ moll nioderateCatholicscanpottake, it being contrary to the fundamental article of their religion ; for the difference between the moderate Catholics and the more furious and zealous Papills, who are nioilly guided by the Je- fuits, confifts principally in this circumftance, that the latter afcribe to the Pope an unlimited power in temporal as well as fpiritual maiteij, and affirm that he may depofe kings, and abfolvc iubje»S\s from their allegiance, and do other the liL .cravagant niifchiefs, whereas the former deny his temporal, and acknowledge only his fpiritual fupremacv, It is true indeed, th'.i' oath of Supremacy is taken awaybytheftatuteof 1 Will. cap. 8. But another (borter i^ath of Suprtniacy, containing a mere denial of the Spirit Lial, f I ii I m » • n i 'ii M'i'4 i 332 ■4- Spiritual, or EccIeHaflical power of the Pope, or any other foreign Prince, and which is therefore equally contrary to the fentiments of all Roman>Catholic8, is appointed to be taken in its (lead, and by the fame perfons, and under the fame penalties, as before. It appears therefore, from the ftatute of 1 Eliz. cap, i. alone, without confidering any other of the laws againll Popery, that the exercife of the Popifli religion cannot be tolerated in the province of Quebec, confifl:< cntly with the laws of England ; and confequenily that it cannot be tolerated there at all by virtue of the flipu- lation of the definitive treaty above-mentioned, becaufe that (lipulation has an exprefs reference to the laws of England. Further by the next a , u>i ,'4.u?' Vet J ' 333 Yet that it Hiould be tolerated is furely very reafona* ble, and to be wifhed by all lovers of Peace and Juftice and Liberty of confcience. By what authority then (hall it be tolerated ? this is the only queftion that remains. Shall the King alone undertake to tolerate it ? will it be advifeable that he {hould exercife, though for fo good an end, a power of difpenfing with the laws ? will it not give room to a thoufand cenfures and odious rcfle£lions and compari- fons ? The authority of Parliament fccms to be a much fafer foundation to edablifh this nicafurc upon, in a manner which neither the new Engliih inhabitants of the province can conleft, nor the French Catholics fufpe^ to be inadequate. The next great difficulty that occurs, is the fettle- ment of the laws, by which the province of Quebec of the is for the future to be governed. The law upon this fubjeft feems to be this ; 1 ft. That the laws of the con- quered continue in force till ihc will of the conqueror is declared to the contrary; this follows from the ne- ceffity of the cafe, fince othcrwife the conquered pro- vinces would be governed by no laws at all. 2dly, That after the declaration of the will of the conqueror the conquered are to be governed by fuch laws as the conqueror fliall think fit to impofe, whether thofe arc the old laws by which they have been governed before, or the laws by which the conquerors are governed theni- felves, or partly one, and partly the other, or a new fet of laws different from both. 3dly, That by the conqueror is to be underftood the concjueririg jiation, that is, in the prefent cafe, the Britifli nation ; that confequently by the will of the conqueror is to be un- derftood the will oj tht British 7iatioii, which in all niaucrs relating to legiflaiioa is cxpreflcd by the King and i ■ '^ ■ ■ Yet I' i i< ^ ■ f ■ r ,1 m u M » ! 334 and Parliament, as in all matters relating to the execu- tive power it is cxpreffcd by the king alone; that iherefore the Parliament only have a power to make Jaws for the province of Quebec, or to introduce any part of the laws of Great Britain there, or to delegate fiich a power uf making or introducing laws to any other hands, nutwithflanding it may happen that in {&&. fuch a power may inadvertently have been dclega. ted to the governor and council of the province by a private Infiru£liun of the King alone. For, if the con- trary do£trine were true, that the King alone had the whole Icgiflative power in the province of Quebec, it would follow, that not only all the conquered Cana> tlians, but all the new Englifli fcttlers there, would bcr come slaves, or fubject to an abfolute and arbitrary government, the moment they fet their foot there, 'I'hc King might introduce the fevereft laws, and mod cruel puniflimcnts, the inquiiition, the rack, and the wheel, and might make all his fubjedts there, both old and new, tenants at will of their lands and other pro- perty, and lax them in any degree whenfoever he thought fit. He might keep a (landing army there, without confent of Parliament, and raife money to pay them by his own authority ; and with fuch an army, ^ prince of James lid's, difpofition, might opprefs the li- berties of the other adjoining colonies, or even of Great Britain itfclf. Thcfe are dreadful confequcnces, but follow clearly from fuch adoftriue; for which rcafon the dodrine ilfelf ought not to be maintained. The other opinion, that the conquered people, when once ceded to the Crown of Great Britain, are thereby ad- mitted U) be Briiifl) fubje6ls, and immediately intilled to participate of the liberties of other Britifli fubjc*5ls, and are therefore lobe governed jaccording to the rulei" oC h\ 335 theLimiled Monarchy of Great Britain, by which the executive power is vefted folely in the King, but the power of making laws and raifing taxes in the King and Parliament, is a much fafer and more reafonable opinion. It is therefore to be wiflied, that an aft of Parliament might be obtained that at once declared what laws ihould take place in the province of Quebec, whether the laws of the conquered, or the laws of Great Britain, or fome of the laws uf the conquered, and some of the laws of Great Britain; or whether any other laws fliould be introduced there, more peculiarly fitted to the cir- cumftances of the province ; and, if any, then what laws (hould be fo introduced : Or, if this detail be thought too troublefome fur the Parliament to enter upon, and their informations concerning the (late of the province fliould be deemed to be as yet too impcr- {e&. to enable them to go through fuch a bufinefs with proprieiy, then it is to be wiflicd that an aft of Parlia- ment may be obtained, by which fuch a legiflaiive power of making laws and ordinances for the good government of the province might be delegated to the Governor and Council, as has been already excrcifcd by them by virtue of an Inftruciion from the King alone. By fuch a deltgiUcd parliamentary authority, they may enquire into the (late of the Canadian law sand cudoms alreadv in force there, and may revife them and reduce iher.i into writing, and enaft fuch of them as (Ijall be found beneficial to the province, and fit to be continued, and may introduce fuch parts ot the laws of England as thcv fliall think to be for the advantage of the prnvMicc ; and likew il'e, as occafion oflers, make fuch other new hiws and reirulalions as fliall be necelfary for the good gpveinnieul of it : And in fo doing they will have I :! ; w ^ I :; ': "iJ V ^1^ t^ "^l t ■ >1 ■'4 •.'■'8 ,'■■{ ^•W: » n rl. II:' 336 have a due regard to the heads of advice Inggcfted by Mr. Attorney Yorke, and to fuch other intimations and inftru6tions as the government (hall think proper to communicate to them. And, left this legiflative power iliould bcabufed,orinjadiciou(lyexecuted,bytheGover- nour and Council, there might be a claufe in the &&. ot Parliament directing them to tranfmit thefe feveralLaws and Ordinances to the King and Privy Council in Eng- land, to We by his Majefty in Council allowed or difal- lowed, as his Majefty (hall fee caufe. Only they fhould be in force till difallowed, and, if not difallowed within a certain time, (as, for inftance, two years,) they (houUl then be in force for ercr, unlefs repealed by aft of Par- liament. Laws and Ordinances founded on fuch a par- liamentary authority will eafily find obedience from the people, which it is to be feared no others will ; and the Judges of the province will carry them into execution with ten times as much fpirit and confidence as if they were doubtful of their legal validity. Suppofc a criminal in Canada to be guilty of an offence that is capital by the laws of England, but i^? not fo by the laws of Canada that have hitherto been received, (a fuppofiiion that is no wny difficult, as the criminal law of England abounds withcapital offences) in what manner (liall fuch a man be puniftied, unlefs there is a parlir.nioi-.tary declaration determining the puniflimcnt tliat f]:all attend his crime; Could any ielTcr auihority warrant tb.e inlli6>i')ii of death for fuch a crinjc ? Or would any Judge chufo, though he (liould be fure of never being c.-lled to account for it, to pafs fuch a fcntenee without this highcft authority ? But, i. the puni(hnu'nts of crimes bo fettled bv authority of Pailiament, w hether in)nicdiately by the I'arlian.ent it- fclt, or Uicdi;iitlv by ordiiumccs made by the Governor and 36 and Council of the province, by virtue of -i Icglflative authority communicated to them by a£i of Parliament, the judges will be under no other difficulty what punifli- ments to inflidl upon the feveral criminals that come before them, than they arc in Great Britain itfelf. Some perfons are of opinion, that the laws of Great Britain do at once take place in a conquered province, without any authoritative introduction of them, either by the King, or the Parliament. But this opinion feems deAitute of foundation, and is fufficiently refuted by th& advice of the learned Mr. Yorke, His Majefty's Attor- ney-General, who has advifed that the Canadians (hould bepermitted to retain their ownLaws, relatingto Inherit- ances and the Alienation of their real eftates, which would be impofiible without an a£t of Parliament for that purpofe, if the whole fyftem of the Laws of England did ipso facta become the Law of the province upon itit being conquered, or ceded to the Crown. Indeed, the whole fy(iem of the Laws of England, taken in the grofs, and without a feleftion, would be by no means a bleflling to the Canadians. The game-laws, the poor-laws, the fi6lions and fublleties in various forts of a£ti6ns and conveyances, the niceties arifing from the (]o£lrine of ufcs, and the tedious and operofe inftru- ments founded on them, would really be a great misfor- tune to them ; and, from their novelty and ftrangenefs, would be thought to be a much greater. ThisDo£itrine therefore of the inftant validity of the whole mafs of the Laws of England throughout the conquered province cannot be true. Arid if the whole fyftem of thofe laws is not valid there, then certainly no part of them caii be fo. For if they are, then who (hall diftinguiili which of them are valid there, and which are not? It may therefore be concluded, as at firft, that none f r- of .1 S3S A- oi the laws of England are vallrl in the conqucretT pro- vince ipso facto by virtue of the conquefti or cedion, without a pofitive introduflion llierc by a fufficient au- thority: and tills lufficient authority fcems, for the reafons already mentioned, to be only the Parliament of Great Britain. Stttlement The next great difficulty that calls loudly for the in- Revenue. terpofition of Parliament, is the low ftate of the Revenue of the province of Quebeck. Under the French govern- ment this Revenue amountedto about (hirteenthoufand pounds per annum, but is now funk to lefs than three thoufand. The caufe of this is the change in the courfc of trade ; by which means ii falls-otit, that thofe taxes which formerly produced the principal part of the reve- nue, do now, though ftill in force, produce nothing at all. The principal of thofe taxes was a duty upon French wines, which were imported there from old France in great quantities. Thisfingle duty produced 8oool.a year; now it produces nothing, becaufe no wines are allowed to be imported there from old France. Nor would it be replaced by an increafe of the confumption of Spa- nifh or Porluguefe wines, fuppofing the tax might be conftrued to extend to thofe wines ; for the Canadian'^ do not like them, and will not drink them. From a like caufe, another duty which formerly made a confi- derable part of the puhlick revenue, which was a dutv upon French brandies imported from old France, ami French rums imported from the French Weft-India in.inds, now produces nothing at all. From thcfe caufes the Revenue is funk fo low that it is infufficienl to defray the expence of the civil government, thougli theeftabliflmient of it is fo very moderate. It is there- fore become necefl'ary, either for the treafury of ICiig- Und toid'ue a fvitf.cient nnniial fum to make good the (alaries t / S39 falariesof the fcvenlOfficcra of the Government, or that fome new tax (houlcl be iinpofed upon the inhabitants, in aid of ihoff which by rcafon of ihcle accidents have failed, fufficicnl for all the purpofes of the Government. Andifthislaller nu'ihod flioulu beadopted, itisprefumcd that the authority of Parliament will be the proper pow- er to have recourfc to, that there may be no colour or pretence for contefting the legality of the taxes fo im- pofcd. This power alfo the Parliament may exercife, either immediately itfcif by impofing a tax upon the province of Qucbeck this very felllon, before the Parlia- ment rifes, or it may delegate to the Governour and Council a power to impofe fuch taxes as they fhall find neceflfary for the fupport of the Government, fubjeft, as above, to the difallowance of the King and Privy Council, in order to prevent abufes, and with proper claufes of ReftriAion and Appropriation of the money fo raifed, in order to prevent a mifapplication of it, either by the Officers of the province, or at home. If the Parliament fliould think proper itfelf to lay a lax upon the province, Information has been received from perfons well acquainted with the flale and trade of the province, that Britifli fpirits would be the com- modity that could befl bear a duty, and would produce the bed revenue ; that there arc annually imported into the province about 250,000 gallons of thefe fpirits, and that they might bear a duty of three-pence a gallon, without hurting the trade, but not more ; and this would produce about 3000^. a year. The malicious and defperate enemies of an upright and popular Adminiilration, may perhaps traduce fuch a meafure as inconfiHentwith their laic indulgent coa- duft with refpedt to the other American colonies in the late repeal of the ftamp-a6t. But the difference of tlis z 2 cafec mi i tf ii i P II ! ■ ' ■i. -4. • ji". ••W mm ill.: :"f ^1 ■:] ;l i 340 cafes is too ftrikin^ to make such a calumny in ihft lead degree forinidaljlc. The oilier American colonies have internal Icgiflalurcs of their awn, who have been pcrmitttcl, ever Itnce their firft eftablifliment, to be tlw: alfeflbrs of all their interna! taxes ; and, as they had not abufcd this privilege wiiU which they had been fo long indulged, — and further, as their cxcrcifing this privilege feeniedtobc novvayprejuJicial to the mothcr-counlry,— it Teemed to have been a luiflj and ungracious meafure in the Parliament, by the advice of the late miniftry, to revive and exert a dormant and inherent right of taxing themj which, however, the whole Pailianient, excepting a very few members of both houfes, have highly de- clared themfelves to be poflefled-of. But the Cana- dians have no fueh internal legiflaiurc, no fuch ufage ci taxing themfclvcs by reprefentatives of their own chuf- ing. Unlefs, therefore, they have the (ingular privilege of not being liable to be tixtd at all, ihev muft be liable lo be ta,\ed either by the King alone, or by the King and Parliament ; and the milder of thefc two opinions IS, thallhcy are taxable by the King and Parliament. Thofe therefore who (bould promote the taxing then) by <)uthority of Parliaujent, wovdd acl like the trueil friends lo civil liberty, and with the fame fpirit of mildncfs and moderation that conduiSled them in the repeal of the ftniip-at !{" ! ' ■' '^V. J'-'il 842 ?'■ of the EngliHi language, fo as to he abfohitely incapa« ble of debating in it, and conrequenlly nuift, ii fuch an Aflcmbly were erc6lcd, carry-on the bufinefsof it in the French language; which would tend to perpetuate that languajrc, and with it their prejudices and affec- tions to their former mafters, and poftpone to a very diftant time, perhaps for ever, that coalition of the two nations, or the mehing-down the French nation into the Englifli in point of language, aHcdions, religion, and laws, which is fo much to be wiftied-for, and which otherwife a generation or two may perhaps effcfi, if proper meafures are inkcn for that purpofe. And further, 't may be obfcrvcd, thai the Canadians them- felves do not dcfire an Aflembly. but are contented to be protedled in the enjoy n)cnt of their religion, liber- ties, and properties, under the adminiilration of his Majefty's Governour and Council. If, to give a proper ilabilily to this mode of government, it is carried -on by authority of Parliament, and is properly fuperintended, (as ni; ioubt it will be,) by thewifdom of his MajcAy's Privy-Council, they will think thcmfelve.s extremely happy under it. The perfons who moft defire the im- mediate conAitution of an Aflembly, are fome of the fix hundred Engliflj adventurers, who probably are am- bitious of difp'aying their parts and eloquence in the charaftera of leading AAembly-men. But, if an Aflembly is to be conftituted, even this too had belter be done by a£t of Parliament than by the King's fingle authority, as it is no Icfs than fevering from the general body of his Majefly's dominions a particular part of them., with refpcft to the purpofcs of making laws and impofing taxes. Could the King, if he thought proper, and a particular County of England was to defire it of him, fever that Couqty from the reU 313 reft of Engl.uiil, at.d no longer luiDiuon any of itf niciiibei s lo Parliament, but, iiifieau thereof, conililute a liitic Parliament in that County itfelf,th«t (liould make jaws and lay taxes for the inhabitants of that finglc County ? It is prefumcd that he could not : and the erc£linp an Aflcmbly in a conquered province is an a& of much the fame nature. It is true indeed, that fomc of the American Charters and Aflemblics owe their rile to this authority: but thi> was in the reigns of the Stuarts, who were fond of extending th€ir Preroga- live; and, on account of the inconfiderablenefs of the colonies at that time, thefe things were then unnoticed; fo that they do not piuve the ftricl legality of the prac- tice. Since that time thefe Charters have been put in pra£lice by the Colonies, and acquiefced-in by the mother-country, and in fonn: meafure recognized in Parliament ; and this ufage, acquiefcence, and recog- nition, ar« in (ruth their bed fupport. But, if an Aflembly is tobeconftituled, in which the Catholicksor Canadians are to be admitted, (as injuft- ice and reafon they ought to be, if any affembly atal! U to be erected) the authority of Parliament feenis to be flill more necciTary lo give validity to fuch a meafure. For the reafonti that have been juft now mentioned, it feems evident that the meafure of erefting an Aflem- bly in the province of Quebeck is fomewhal premature How foon it will become expedient and proper, Expe- rience only can (hew. But in the mean time, however fhort that time may be, it feeni« neceflary to have re- courfe to the authority of Parliament for fettlin^' the government of the province, and removing the difficul- ties that obflru£l that fiiilemcnlin the three great arti- cles of Religion, Law, and Revenue. It is therefore the humble requeftof all the genilemcu who have lately 2 i b-iCft 'f I ■ :!l I' I . ,1 ■ ^ ■'is , /. ' !• i I. 1 ii J < ' ■'■■ 1 .1 fl It- h m ! * • t m if'-i 1 'H il •1 344 Appointed to the principal Officri in the government of Qiiebeck, to his Majefty's Miniftcr* otStale, that they would ufe ihfir influence and endeavours to procure fuch an a6l ot Parliament as they fljall, upon the whole matter, think to be nccclTiiry, to remove the difficulties that have been ftalcd, and to enable the faid gentlemen to adminider the govtiMM)»?nt of that province in their fcveral departments, with fecurity to ihcmfelves, and advantage to the pro\ ince. Signed, Perhaps an a6l of Paiiiamcnt to the following pur- port might anfwer the intended purpofcs. A (ketch of an a£l of Parliament for tolerating the Ro* nian-Catholick religion in the provinccof Qucbeck, and for encouraging and introducing the Protedant religion into the faid province, and for fettling th^ Laws, aod augmenting the publick Revenue of the fame. CHAP. I. Conctrn'mgthe Toleration of the "Roman- Catholick UeU- gion. Whereas it has been humbly rcprefcntcd to the King's Moll Excellent Majefly, by His loyal and faith- ful fubjefts, the French inhabitants of the province of Quebeck, that they are, for the mod part, members of the church of Rome, and are, from motives of confci- ence, mod earnedly delirous of a permidion to continue in the fame church, and to worftiipthe biuprcme Being according to the rites and ceremonies thereby prefcribed, and have alledged that they conceive thenifelves to have fom(^ reafonable claim to fuch pcrmidion and indulg- ence^ r. It I / 545 eacc, not only from the injiale goodncfs and clemency of his Majcdy's difptifition, which inclines him at al| times lo (hew himfcif a teiulcr father of all his people, and the gencrofity, which always atfluates the Harlia- ment of Great Dritain^ lo co-opciate wit!) his Majeily in all fuch his gracious purpofe.^, but from a (lipulation made in this behalf in the lourth arliwle of the lad dc. fiiiitive treaty of peace concluded at Paris, in the yiiar of our Lord one thoufand feven hundred and fixly-thrce which is contained in ihefe words : ** His Britannic " Majefty, on his fide, agr es to grant the liberty of the " Catholick religion to the inliahitants of Canada. Jle " will confetjuenlly give the n.oll eflV«Slual orders that " his new Uonian-Cathulick ful)jed» may prolefs the ♦* worfliip of their religion, accordmg to the rites of the " Roniifli church, as far as the laws ol Great Britain ''permit." And whereas certain doubts have arilen, and may arife, whether the laws of Great Britain will permit iheexercife of the Konian-Catholick religion in any degree, even in the remotcft dominions of the Crown of Great Britain: and whereas His Majcliy and the British Parliament judge it to be reafonable in ihe prefent cafe to grant a toleration of the excrcifc of the laid Roman -Catholick religion throughout the faid pro* vince ofQucbeck, both on account rtf the almoft univer- fal prevalence of that religion among the French inha- bitants of that province, and the llipulation in that be- half made in the definitive treaty of Palis, as is above mentioned ; yet not without fiich rellridlions as may prevent the ill confequcnces that might otherwife follow from fuch indulgence : IT IS THEREFORE ENACT- F.i^. by his faid Mc.ft Gracious Majefty, by and with ihi' advice and content of the Lonla Spiritual and Tem- poral, and the Commons, inParliamenl afiembled, thatQf,,.p p*^ it if m^J t-i 'i 1 346 k. 3."! • * IM Mi ■ 1 1 ScmiiMTJt's ♦or Roman- Caihohck pnesti. rrmic*. »• fliall *nd m.iy be laA^ful for the Curates aitd Vicars, s'iii.*^''"^°' and other pricfts belonging to the feveral parifhes in the Province of Quebeck, to celebrate the mifs, and lo ad- miniHer the facranicnts of the church of Rome, and to perform ail the oihcr fiin^lions of the prieftly office, acconlirg lo the riles and ceremonies of that church ; and that it fliall uKo he lawful for any of the inhabitants of the faid province to attend the mafs, or other Ronian- Catholick officer of religion, without any hindrance or niolcdation ; any law, (latutc, or cuftoni, of England to the contrary thereof in ajw wife notwithftanding. And, to the end that the faid Roman'Catholick inha- bilanlsof the faidl'rovince of Quebeck may be under no neccflity, or tempi ation, to keep-up a corrcfpondence with Old France, in order to be fupplied with Roman- CaiholiiU priefts to ofiiciate in their fevoral parifli- rlmrdies, upon the feveral vacancies which may hap* pen by the deaths of the prefenl Incumbents, IT IS HEREBY FURTHER ExNACTED, that it (liall and may be lawful for tiie Governour,orCommander in chief, and Council of the faid Province, to tolerate and licence by an ordinance n:ade and pul)li(hed for that purpofe, fiuh and fo many of the Seminaries already eftablifbcd in the faid province for the cdticuion of pcrfons intended for holv orders according lo the church of Rome, at they (liall think fufficient to fupply a proper number of the faidPopifh pricfts for the fcrviceofthe Roman-Ca- tholick inhabitants of the faid Province. And the faid Governour, or Commander in chief, arnJ Council of the faid Province fball have p^vver by new Ordinances to toleratemore, or fewer, ofthcfcSeminarles, as occaOon may require. And, to the end that the perfons that dedicate them- felvcs lo the fervice of the church, according to the riles of floman. Cath(itick VUhop, 347 of the RomiOi religion, may be enabled to receive Epif- copal Ordination, according to the forms of that church without going to Old France, or any other Roman-Ca- ll lolick country of Europe, for that purpofe, IT IS HEREBY FURTHER ENACTED, tiiat it (hall be lawful for IJi? Majefty to appoint from time to time, by letters-patent under his great foal of Great Britain, or to impovvertheGovernour, orCommander in chief,of ihc faid Province, to appoint, by letlers-paitnt uiider the feal of theProvince, a Bifliop, or Superintcndant, of the Roman-Catholick clergy of the faid province, with fuch reafonable falary, not exceeding the fum of four hundred pounds fterling a year, as His Majefiy, by the advice of his Privy Council, fliall direct, to have and to hold the faid office of biHmp, or fiiperintcndant of the Uoman-Caiholick clergy, and the revenue thcielo an- nexed, during his Majelty's pleafure. Alfoit is hereby provided, thatthe Governour, orCom- Govcmcnr inander in chief, of the faid Province of Quebeek,fliall j, slnll |)r«- nt to prefent all the Roman-Catholick pricfts to the fcveral "!' ''^? » ' churchci- pariflj-churches, whenever they become vacant; and the Bl(hop,orSuperinlendant, fljall, upon fuch prefenlation, inftitute them to the fame. And it (hall be laAful for the faid Governour, or Connnander in chief, to prefent to the faid churches, and for the faid bifl'.on to inftitute thereto, anyof the Jefuiis, or other monks, now belong- ing to any of the monafleries, or rchgious houfes, in the faid province of Quebec. But no other Jefuits, or monks of any other religious order whatfuever, befides thofe that are now in the faid provinu*, and no fecular priel^s whatfoever, but fuch as were, or (liall hereafter i)P, educated in the Canadian Seminaries, fliall be capa- ble of being prefenttd, or inftituted, lo any of the faid cVi»%"bes, .Si .V f." 4 *>» fe'jii i^m 3\n r V I i • f i- ' i r V. I- ! iiiitti F.fHriilation Ot thf: Si'iauiarie!!. ttic ilo:>t in prui'cs- Marringcs •Iff Pnt-sis- niciu ot cltuich- 4ues. AlTo It is hercl^y furiher pnnidcc!, that tho Govcrnour and Council (liall havepiy-AcrtorL'giil lU', asofk-nas ihey think proper, by Oniiiunct'S made for thai piirpoff, the fcveral Scinmaius which they fliall ihiuk lit to loKraie aiul hcfiirt;, as aforcfaid. Alio it is linilicr provided, that it fliall b'' lawTiil for thcijovi ri)our and Council to prohibit, dr rcllrain, inaiiv mannti- tin v lliink proper, tht* rariying-abont the [{clt in j)roef!iion through the Uieets ;ind pid)hek highways, by an Ordinance uiaile and publidicil tor that piirpolc, and to eontint the exercife ot ihe Ruui.ih reh^ion to ihiirehes and private houle.-, iu order to avoid 2,iving olTenee and feandal to the En^ilifli inhabitants and others of the Proitliaiii religion. Alfo it is further tuati'ied, by the aiiihoritv aforel'aid, that it fliall and may i)C lawful for the aforelaid RouKiu- Caihohek bifliop, or lupi rintendant, and likcwilc for all the Roman-Catholiek priells, foas aforcfaid tolerated in ihe faid province, to enter into the holy Hate of ma- trimony, if they fliall fo think iit, without incurring any damage, cenftire, or difability, eceleliadical or temporal, whatfoever; any canon^ rule, law, or cuf- lom of the Uomifli eluMch, to iIil* eooirary thereof in any wife noiwiihllauding. And the children arifing from fueh marriages fliall he, and be deemed, legiii- niale to all intents and purpofes. And, to the t-nd that the Rjnian-Catholick ticrgy that ar<; hereby tolerated may have a rtalonable main- tenance fuilable to thtir oHiee and eharaiter, li" IS FUKIFIEKLNACTKD, that the fa. re legal profits and dues, whether they be gUbe-lands or liilies, or of any other kind \\hailoi\er, that belonued-jr \Ncre pay- ahli- to the Homan-Calhohtk priells of ilic feveral y.v- lifliei in the lime of the Ficnch governnjcnt, and niiglil thru 34\) It incurring then have been recovered bv procefs o[' liw, in an\' Court citbtT fpiritual or icmporiil, and were not merR voliinlarv donations oroblalioiH, (liall (lill belong to the faid Rotnan-Catholick prieds, and be paid to them by the Roman -Calholickinhabitantsof their rcfpeAivcpariflies, and the payment of ihcm by fuch Roman Catholicks (hall be enforced by procefs of law in the Court of the Chief Jullicc of the province, l>y fonic Oiorl and conve- nient fuit lobe appointed for thai purpofe by tbo Gover- noiirand CoiUK-il of the province, by an Ordinance made and piiblifhed by iheni tor that p^.irpo'le. And, irv order to prevent viiinccclVary dilpuics coivccniin^g ihefe profits and d ics, the laid Chief Jullicc <)i l]w province, fliall ciiciuiri; by the oalh.-i of twelve, or niore, Canadi:ni houfe-keepcrsof good nputation in every pariththnjogh- out the province, what llmfe legal prolits and pa\ni(Miti wore in the time of ihe French govcrnnicnt, and (hail transmit a written aceount of the fan>' to the (jovtrnour and Council of iht province, who (jiall ihcreupot> eault; tij>^n» to be printed. And two copies of the faid printed lift;, of the r.iid uroutii and dues (i;.ill be prclcrved, fhc onc among the records of liic Conncii, ihc oiher among the records of the Conrt of ihc Chief Juliice, and fliail lie deemed authtntick evidence, on all inli.re occaliony ♦ of the dnc-i of llio clergy ii; the feveral parilhes ol the saiil province. And further, v.i.crea-^ it c;rn bciii nodciriee npcefljr-,' roi;tc,M!c 10 the freeexcreileof the R(nnan-Cailiolii k rerhj,i<)n in ailurJigV- ihelaid province of Quebeek, that liie Caihedrnl .^r Col- " "^ '^'>'*'-» Kiliate-chnrehcs of rkans anil chapter-;, or ii)e relii;ioiis foeielies of monks rid nuns, Ihould be pcrir.ifud to contniuf and, as tiarc is reafon tu apprehend that the cnniinu.mcc ol them might prove detrimental and btir- theiifomc to the faid piovjnce, ITIS rUERKR^Ri: iu:rl:i3\ hB*'-' ^K^H Wfcy'. MLV^^H Hi.' "^B^ -^^9**" ^Hy^^R wt\ ^fyB' ^m'> rl^^H; jHE t '^jnlH; HSfV '^^^K iS''' .•j^^^^V' f^'kk •mI ;Wa '. '*fe ;^'^jB; ' >s 'plt 'i ■; jJH' 0,-- lU li-f ' iifi s !50 '3» :* -^ '»• :' HEREBY FURTfIRR ENACTED, thai all fuch members of any Cathedral or Collegiate churches, or religions focieiies, as think proper to depart from them and refign their rights to any profits from them, and ceafe to be members of them, whether they be Deans, or Prebendaries, or Canons, or other members of any Cathedral or Collegiate church, or monks, or nuns, or other members ol" any religious focieiy or monafterv, (hall be at fidl liberty to depart therefrom, whenfoever they think fit : any cuftom, law, or flatute of fuch Cathedral or Collegiate church, or religious fociety, or any canon, rule, law, or cuftom of thcRomifl) religion, to the contrary hereof in anywife notwithllanding. Alfo it Ihail be lawful for any of the faid Deans, or Prebendariei*, or Canons, or other members, of any Cathedral or Collegiate church in the faid province of Quebeck, and for any Abbot or Prior, Abbefs or Priorcfs, monk or nun, or anv other member of any monaftcry Ol- religious hou>ie in the faid province, to enter into the holy ftr.te of inatrimony, if they (hall tiiink fit fo to do ; any law, canon, or cuftom of the Romifti rcligiin to the contrary thercnf in any wife notwiihftanding. And the faid mani.isres flia'il bo valid, and the ilTue of them Jo^'iiimaic, to all intents and purpofcs whatfoevcr. All fuch of the fa'd pcrlons as enter into the holy ftatc of matrimony ftiall be deemed to have ti'crehv de- parted volimtarily from the Cathedral, or Cullegiatr churLh, monaftery, or religious houfe, to which they belonged, and to h.ive renounced all their connection thcrev\iihj and all iheir right to any profit arifmgfrom them. A'fo it is hereby provided, that no new members be aduiitivil hereafter into any of the faid Cathedral or Col- Ici^ialfc thurchcb or iriunaPitrics, or religious houfes ; but ft * but that thofe who are there already, and de(ireto con- tinue there, be permitted fo to do daring their lives; and that after the death, or marriage, or voluntary de- parture, of all the members of all the faid Cathedrals or Collegiate churches, monafteries, or religious focieiies, their houfes, lands, revenues, and goods of every kind, moveable and immoveable, (hall be taken into the King's hands, and make part of the publick revenue of iheProvince; and that in the mean time the flipends of fuch members of the faid Cathedral or Collegiate churches, monafteries, or religious houfes, as either die, ormarry, or voluntarydepart from the faid churches or religious houfes, (liall not accrue to the furviving or re- maining members of the fuid focictics, but fliall be im- mediately taken into the King's hands, and make a part of the said publick revenue of the Province. Alfo, to the end that the Roman-Catholick inhabit- LibciJy to »nts of the faid province may, by the free exercife of ijoiy chelr reafon, and the light of the holy gofpcl, be con- Scnp-uKi. verted from the errors and fuperftitions of the church of J'ome, to the profeflion of the true Proieftant religion; IT IS HERtBY FUHTHEH LXAt.TKD, tbai it^fliall be lawfid for all the inhabitants «>f the faid province, Roman-Cathohoks as well ns Proteft.mts, to read the hooks of the Old and New Tettament in the I'Veiicli or Knglifh lanj,uage, or in any otiicr !;ui*;Mage whatfoever, any canon, rule, or cullom of the Ronii(h religion, to tliC contrary hereof in anvwife notwiii.Handiniz;. And no pricll fliall inflidt any ccclcfiafticai cenfure, or pe- nance, upon any Ronian-Calholick inl.abitantof thefaid province for fo doing, upon pain of ' eing iniprifoned for a year, upon an indidlmcnt and convidlion thereof before the Chief Jiiftice of the province. And, 'si- ■ill ';' i' .*i m H I V f I'l ' '■' I fill lii'/ l' ' W' t 'f l*rovi»ion Ul i'iUU'St- aut mitti' sters fur tutuie convcrti fiom the Kumiih 3j2 4 And, wliercas there is great rcafon to liopc, that, by the pious examples ami cxliortaiions of perfoiii that prufcfs the Chriftiati rchgion in greater purity, and hy the free pcrufal of the holy icripturcs, many of the French inhabi:ants of the faid province ihat now profcfs the Roinan-Calholick religion, nnybc converted from the errors and fuperrtilions thcrcjf to the belief of the true Proteftant religion ; up{)n which mod defirable event it will he rcafonablc that they fliould have places ofpublick worfliip torefori-to, and miniders of the Gof- pe! to perform divine fcrvicc to them, and that fuch ininifters Hioiild have a proper reward for their pious labours: IT IS HKREIiY FUUTHEIl ENACTED that, if, upon any vacancy of a parilh-church by the death of a Roman Calh )lick Incumbent, a fourth part, oi more, of the inhabitants that are houfekeepers in the faid pariHi, or, in cafe there arc more than four- fcore houfckci pcrs in the faid paridi, if twenty, or more, of the faid houfekeepers, (liall prtfent a petition to the Governour, or Coinnmndcr in chief, of ihefaid province, feitinsi-forlh that thcv are I'rotcllants, and that thcv aie dcfirous to have a Prolcllanl minider among then), t(i pciform divine fcrvice, andcxercifc all the fdnt^ions ot the minillryamon^ them, and praying the Governour lo appi int thcnjfucli a minificr, it fhall in fuch cafe be Iawf*rlfor(he faid Govcrnour,or Commander inchiet^', of ihe faid province,; to nominate and ajipoint to fuch va- cant t:liurth, a I*r.)!c(lant niiuider of the Gofpel by leitcrsjuilciit under the pnblick leal of the province, to hold the (aid oHlce of a Piolcdant minillcr of the Gofpti lor the faid parifli Majdiv King George. So help me ** God." allfftiaiKX' , r S5a God." Ami t!us oath iliey lliall lake, eilher bolDie liic Goviinour aui.1 Coaucil, orthc Cliitt'JiilUcc of the pto- viuce, or I'uth other ptirfon or perlons as the Gov«rnoui ami Council (hall, by an onhtiance lo bu made and pubhflied for that pu poiV, iiiipowei to udntinillcr the fatne unto them. Ai;d .ipon refufal to take the laid oath, thi*y Oiull be iullunilv deprived oi their refpedlivc benefices in the chuich, and Audi be incapable ever at'icr of being prelented lo any benefices in the faid province. And the Govern')ur ft^all, as foon as conveniently nuy be, prefent auotlier priell to the benefice thereby be- come vacant. And this oath the Governnur, or Commander in chief, is hereby re(juired to adminider, or caufe to be adminifieied, to all the faid prieiis with all convenienl expedition. Alfo the aforefaid lioman-Catholiek biOiop, or fupcr- intendant of the clergy, fliall take the faid oath of alle- giance before he can exercifc any of the fnnfcions of the faid office. And if he fliall rcfufe fo to do, being re- quired thereto by ll»e Governour, he fliall thereby lofc his faid office of bifljop, or luperintcndant, and fhall be incapable ever after of holding that office or any other benefice or employment in the church during his life. Alfo all the Roman-Catholick pricfis thatffiall here- after be prefented to any of the churches in the faid province, ffiall, before fuch prefenlation, takv ilie faid oaih of allegiance. Olherwife (heir pre^fentation and infiitulion to any of the faid churches fliall be void. Alio it fhall be lawful for the Governour, or Com- mander in chief, of the faid province, to reipiirc all Deansand Prebendaries, or Canons, or other member* of any Cathedral or Collegiate church, and likewife all , ;i A a lupe/ior-: 1 1? I I y., ■:; I :m tH n liipfriursut' any feiniiiiirii.'!*, and ,'\ll Jcfnits or olh^t monks, or other i)>cMi!)ors of any religious houle, to lake the laid oath oF Allegiance And if they refufe lo to do, their places, ofUces, and profits in fuch churches or focielies, (hall ininudiatcly be void and eeafe, and ihi y (hall ho expelled from hich focieties. n.rv mv Alio it iliall he lawful for the f.sid (iovernour, or liimu'.iio Conunamler in Chief, to rajulre tht Said liithop, or at'iur. tlic Superiulendant, and all the Homan-Calholick i)rielU p(v.vL-r.)i of ihc fcvcral cluirclus in the faid IVovinee, both thole '^ that are now in poilinion of the faid churches, and tliofe that fliall hereafter he prefontcd to them, anil likcwife all the ral, OmII be excrcifcci l)y il)e faiil Pope, or l»y any of his legates, orUy any other [)crr()nicon)mi(rioncil hy him ill the laid Province of Quebcik, iiiuier any pre- tence whai lb* vcr. And iio hulls, or difpeniation-j, or indruniciiis of any kind, tontukd on the auUiority of the laid Bifhopof Koine, or on any othrr f»)rcuin an* thority whaifocver, (hall he hrouiilil into the faid I'ro- vincc. And wliofoever (Iiail hriiig inlt- the laid Province any fuch bulls, difpcnlMtion^, or other inUrunieiiis, founded on fu eh foreign ninhorily, and whoever (hall exerciCc in the faid Province any lejanline or other au- thniiiy derived from the fiid Bilhop of Home, fliall, upon indi^lnunt and co.ivietion thereof befiire the Chief" Juftiee of liie Province, be pMniOied by confisca- tion of all his goods and i hattelr-, .»d iinprilbnment at the difcrelion of the ('onrt, and, if he be a fccular priell, by lof? of all Inch benefices as he may have in the church, and an incapacity of holdinc: nnv ever afur. ^'''''r'^'i" ' \ . maybe ;ts- And, to the end that the (jfiicers of the civil govern- :^i;,iu(l for iiicntofthe faid Province, and the officers and lokliers ,:i;,(i. i,si of of the army tt.at are qn;irtcred there, and the Englifli l,',',*;,'*^"'"'" merchants andfettlers, and other Prolcfiant inhabitants thereof, niav be immediately aeconniiodatcd with con- venient places of publick worfliip, IT IS HEUEBY KNACTED, that it (liall be lawful for the Governonr, or Commaiuler in Chief", of tlie faid Province, to canfe fueh and fo ntany of the churches already built in the faid Province, as he (liall think proper, to be prepared for the fcrvice of God accoriling to the fimplieity of the Proteftant religion, by remo\ in i out of ihem all relicks, images, pidures, anil crucinxes, and other fnperfH- tious ornaments, and to nrdrr divine fervice to be per- formed therein at Inch honis, and by fneh Prulellant ininifterp, as he (liall think proper to appoint. And a A 3 the ,1' , "^'i .1 ■; -&■ -^m *] 3 *i Mm IMAGE EVALUATION TEST TARGET (MT-3) k A O ^ >^. A-^ Z. J z % IX) U 1.25 ■u 1.4 6" 1 2.0 liiH 1.6 Photographic _,ScMices Corporalion 23 WIST MAIN STREiT WIBSTEt.N.Y. HStO (716) S72-4S03 ;V \\ ^ 4^ o^ ]||v;:,...i: Pf*vJ.*:.,;,'..' 'fills' • I '^U Governour and Coun- t\\ may iniikc fur- ther regu- lations eon* cerning Re ligion. Subject to thedisal> lowancc of the King in Council. the Romifliprieft, and other Roman-Catholick inhabit- ants of fuch Pariflies, may at other hours of the day not interfering \vilh thofe appointed for the Protcflani fervice, perform and attend divine fervice there accord- ing to the rites of the Romifli religion, and may at thofe times, if they think proper, replace in the faid church- fs the faid images and other church-ornaments, to con- tinue there dpring the time of fqch divine fervice, hnt no longer j and, after fuch fervice is endtd, they ftiall remove them to fome convenient place to be provided by them for their reception and prefcrvation. And whereas it is probable, that many other regula- tions may be found neceflary by pcrfons rcfiding in the faid Province of Quebeck, and well acquainted with the ftate thereof, for encouraging and introducing the Proteftant religion in the faid Province; and others may become neceflary hereafter as occafions and circuni- llancesshallvary tin order therefore that all fuch regula- tions may bemadefrom time to time withdue attention and expedition, IT IS HEBEBYFURTHERENACT- ED, that it ihall be lawful for His Majefty's Gover- nour, or Commander in Chief, of the faid Province of Quebeck, by and with the confent of the Council of the faid Province, or a majority thereof, to make fuch laws and ordinances for the toleration of the Roman-Ca- tholick, and for the fettlemcnt and encouragement of the Proteftant, religion, as to them fliall feem moft fitted for thofe purpofes. And the Ordinances fo made (hall be tranfmjtted to His ^(lajeAy with all convenient expedi- tion, to be by his faid Majefty confidered and examined in his Privy-Council, and to be allowed or difallowed as his Majefty, by the advice of his faid Council, fhall re- solve. And, if fuch Ordinances are allowed by His ]^ajefty, they Ihall be valid Lawsuntil they are repealed 359 by fomc fubfequent aft of Parliament. And if they are not difallowed by His Majefty in Council within the fpace of three years, they fliall likewiCe be valid laws until they are repealed by fonie fubfequent a£l of Parliament. And further, they (liall be binding from the time of their being made and publifhed in the Pro- vince, and Ihall not become void, in cafe of a difallou- ancc, till the arrival of fuch difallowauce and the pub* lication of it by ihe Goveinour. , • t t CHAP. II. Concerning iht Settlement oj the Laws in ths said Pro- ' fi«a' o/'Quebcck. And whereas it is abfoluteiy neceffary for the wel- fare and good government of the faid Province of Que_ beck, that a fyftem of Laws fliould be eftabliflied therein upon a foiid and inconteilable foundation ; And whereas it may not be convenient to impofe upon the inhabit- ants of the faid Province the whole body of the Laws of England at once, and thereby intlrely over-turn all theLawsand Ciilloms bywhich the French inhabitants of the faid province have hitherto been governed, and to which they are much devoted, nor on the other hand to leave all the faid old Laws and Cudoms of the faid Province in their full force without any alteration whatfoever j IT IS THEREFORE ENACTED, by the King's Mod Excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and the Commons in Parliament aflembled, that it (hall be lawful for the Governour, or Commander in Coverncir Chief, of the faid Province, by and witji the «dvice ^"'5};^*" ? A 4 and * 1 * . 1'' . ? ■ ^ ■■,;■) 36Q m' i [(-•!.. ■J m^' T , •r*, ,: ^ '** ,' //v J F. , i?i 1 ! ' ' »• And whereas the publi^k Revenue of the Province of Qiieljcck did in the Time of the French government amount t ) about thirteen th,)ufand pounds fterling a ytar, but now is reduced to about three ihoufand pounds fterlin;>; a vcar by various caufes, one of wiiich is that fmec tiie conqueft of the faid Province by the Briti/Ii arm? uo F.ench wines have been imported into the faid Province from Old France, which in the time of the FieaJi government ufed to be imported thither in fuch q'lamities, that the duty impofed and levied en the faid wini s, ufLd, one year with another, to amount to no Lis than eight thoufand pounds a year; And, vihercas certa'n doubts and difficulties have aril'en, and ni.iy arife, whether certain other profits of the Crown and duties on various kinds of goods which were enjoy- ed by thcCro'.\n of Prance, and levied and paid in the time of the F ench goveinment, fhould fl>il of right coutiiuie and belons to the Cri.wn of Great Britain, and i>e levied and paid as heretofore j And, whereas, if all the (aiil profits and duties were fully eiij«>\ed and paid as hcietuforcj yet ftill the publick Revmuc ot" the faid Province would fall very (hort of what it wai in the time of the French govtinnunt : In order therefore to remove the faid doubts ar.d difficulties, and likewife to Tcliore the public k revenue of the faid Province to fuch a condition as maybe fufficient for defraying in a pro- pi manner the expencc of the Civil Government thcre- o!, I r IS DECLARED AND ENACTED by the JCiii^^ Mcfl; Excellent Majcfty,by and with the advice ^ and 1 * *,j M* * ■> J.I *'< ' -ill mf/^ It Ws' M'1?t^ - ' if iv; r. ' if'' *■' r. if^ • ' ' ' ' my:,: ^, 9j '''..■'■ ' i Mn:- , ■■ i k 1 -t . ■ 4 -! ■<; ■ i I'i '■i 1 (Mi i i^. 3r>2 aiifJ confent of the Lords fpiritual and Icmporal, and thu Commons in Parliament allemblcd, that all fuch The profits of any kind whatever as were enjoyed by the Taxes shall Crown of France at the time of the conqueft of thefaid tinue°" Province by the Britifli arms, (hall now belong, and of right ought to belong, to, and be enjoyed by, the Crown of Great Britain, and that all fiich duties upon any commodity of any kind exported from, or imported in- to, the fiiid Province, as were levied and paid to the officers of the Crown of France at the time of the faid conqueft, fliall now be levied and paid, and ought of right to be levied and paid, to the officers of the Crown Anil a new ofGrcnt Britain; and further, that a duty of three- laid ot 3 pence for every gallon be paid upon all Briti(h fpirits of ^'aUon'^" every kind imported into the faid Province either from British spi- Great Britain, or Ireland, or the Britifli Weft-India iflands, or any other of the Briliih dominions whatfo-. ever, imlefs it fliall be found and adjudged by the Go- vernourand Council of the faid Province, upon a care- ful inquiry and perufal of the edidVs or ordinances of the French King whereby the feveral duties on goods imported into the faid Province were impofed, that Britifli fpirits imported into the faid Province were lia- ble to pay a duty under the French government ; and in that cafe the inhabitants of the faid Province fliall now pay the Aime duty as they were liable to pay under the French government immediately before the break- ing out of the laft war between the two Crowns of Great Britain and France, provided that the said duty does not exceed three-pence for every gallon; and, if it does exceed three- pence for every gallon, they fliall pay pnly tliree-pcnce a gallon and no more. And in the mean time, and till it is declared bv the Govcrnour and Council >vhat the duty on this comnjpdity was under thq 363 theJFrench government at the faid time of the laft breach between the two nations, tlie faid duty of three- pence for every gallon on all Britifh fpirits imported in- to the (aid Province fljall be paid. And it is hereby further enabled and provided, that PuWicV it (hall be lawful for the Governonr, or Commander in be issued Chief, of the faid Province, by and with the advice ['h^^^';!;;"/ and confentof his Council, and accordino; to Ordinances "°"' *"'* . Council, to be by them made and publifiied from time to time for that purpofe, to ifluc warrants under his hand to the Receiver-general of the publick revenue of the (iiid Pro- vince to pay fuch funis, as by fuch Ordinances fliall be appointed, to the perfons appointed therein to receive the fame, forpurpofes relating to the government and publick welfare of the Province; fuch as building or repairing barracks for foldiers, building or repair- ing churches for the ufe of the Protellant inhabit- ants of the faid Province, afUgning falaries, or other rewards, to fuch Proteftant niinift-jis as labour zealous* ly and fucccfsfully in the converfion of theRoman-Ca- tl)olick inhabitants of the faid Province to the Proteftant religion, and erecting fchools for teaching the Englifli language, building or repairing fovtl flections or other ufeful publick buildings, widening or repairing publick roads and highways, and the like ufeful purpofea re* lating to the faid Province of Qucbeck. But it fliall in no cafe be lawful for the faid Governour, or Comman- der in Chief, to iffuq warrants for the payment of any part of the publick Revenue of the faid Province, nor for the Receiver-general, or any other officer, of the Revenue in the faid Province to pay, by virtue of fuch warrant, or of any other order whatfoever, any part of Jhefaid publick Revenue of the Province, toanyperfon |)pt j:cfiding in the faid Province, nor fqr any purpofe whatsoever IV -ia • tut " 1 :* ' i ■'i f"^ ^1 m wfiitfoevcrbut inch asfliall be exprcffed in an Ordinance of llu' Govcrnour and Coui.cil made and publiflied for that juirpc^fe, excepiini; only i!ic falaries and fees of the Governour and other civil officcrf of the govern- inent of the faid Province a(5lually rcfiding in the faid Province. Ordinancts Alfo it is further enacted, iliat all Ordinances of every to be sign- ... . . kind, whether for iflTuing money, making or introduc- ing laws, or any oflicr pnrp.^fes whatfoever, fliall be fjgned by the G.)vern()nr, or Conmianderin Chitf, and the majority of the members of the Council prefent at ihe timeof making them. And thefe original draughts of the ordinance? fo figncd Ihall be kept among tke records of the Council. cd by ilie V> 110 CllACt man. FINI o . The foregoing Tvodi and Sketch of an a6l of Parlia- ment were drawn up by nie at the delire of Genetal Carleton, (the Lieutenant Governour,) and Mr. Hey, the Chief Juftice, of the Province of Qucbeck 5 and a few copies of it wcro printed for the infpe<^ion of the Marquis ot Rockingham, and IMr. Dowdefwell, (the Chanctllor of the Exchequer,) and General Conway, (the Secretary of State,) and Mr, Charles Yorke, (the Attorney-General,) and Mr. De Grey, (the Sollicitor- General,) and others of his Majcfty's fervants, wha were likely to take a part in procuring for them an a£l of Parliament to be the ground of their proceedings in the Settlement of the Government of that Province, if fuch a meafurc had been thought advifeable. But no copies of it were publinied, or fold. Nor had either General w ,%ri Gtncral Carlcton, or Mr. TToy, carefully read and cx- amiiicd every cliiife in the foregoing (ketch of an Act of Parliament for the foregoing purpofe, and given a deliberate afltnt to it ; but ihcy thought that, fuch ai« it was, it might he fii(Hcient to point-out to his Ma- jcfty's Minifh'rs tlie feveral important ful)je<5ls which they wiflicd to have determined, by the authority of Parliament, before they entered upon the difeharge of their feveral offices ii\ the Province ; and the Minlfters might alter and modify the propofed fketch of an At^l of Parliament in the manner they thought proper, before they brought it into Parliament. But Mr. Yorkc, the Attorney-General, was not inclined to bring the fubje6l into Parliament ; and the other fervants of the Crown adopted his opinion, and accordingly no bill of the kind here defcribed was brouoht into Par- liament. The realons for their refufal to employ the Authority of Parliament in this important and JifHcult bufmefs, I do not know : but I conje7()(), but refufed by the wife and cautious English General, Sir Jsffcry Amherjl -, — and whether it would be expedient to permit a Popifti French Bifliop to go into the Province, though the Province had done without one for fix years, or, ever fince ihe Surrender of it to General Amhcrft, in 1 760 } ihe former French Biftiop having died a little before that event j (all which fubje6ls might have afforded matter for long and warm debates in Parliament;) and, partly, from an opinion, that they themfelves were not likely to continue long in the great Offices tliey then held ; wliich opinion was but too well grounded, as they were removed from them about three months after, in the month of July, 176G. They might, alfo, perhaps, think it prudent to obtain more accurate informations concerning the ildte of the Province, in various important points^ fuch as the nun)ber of Englifli fwttlers there; the number of the French or Canadians, and their inclina- tions and qualities ; th«; nuHtber of th|; Priefts^ Monks, and 367 and Nuns; the number of t^e parlilics and the vaUicsof the lithesj the fize and vaUica of tlie fcvcral Seigniories, and the annual profits of them j and many other fuch in- terelling particulars ; before they drew-up a plan to be prefenttd to Parliament for fettling their Laws and Government. But the two former reafons fctni fuft^!- cient to account for their unwiilingnefs at that lime to bring the fubjeft before the Parlianicn^t. Whoever reads the foregoing flcetch of an A^ of Parliament with attention, cannot fail to obfcrve thai the perfon who drew it up was dcfirous of introducing by gentle means the ProttUant religion amongll the French, or Canadian, inluibitants of the Province : and he may, iu confequence, be fomewhat furprized that it fliould contain a claul'e for permitting a Roman- Catholick Bifliop to be ftni into the Province, aful to exercife his Epifcopal fun«Stions there .: which lecm» more likely to prevent, than to encourage, the con- vcrfion of the Roman-Catholicks from I'opcry to the Protcllant Religion. To remove this furprizc, 1 muft mform my readers that I found that a rcfolutiou had been already taken by his JVlajellv's Miniflers of that time to permit a certain Roman-Calholick Pricft, who had long rcfided in the Province of Quebeik, (though he was not a native of it, but of the Province cf Britany in Old France,) to come from Qucbeck to England, in the winter of the foregoing year, 1765 ; and to go-over to the North of France, in the month oi" January, or February, 176G, in order to be coufecratcd by some Bilhops in France, asBilhopof Quebeck j which ceremony of Confeeration was (as I was told,) per- formed at the City of ^imuns in Picardy. And it was agreed amongtt the King's Minifters of that time, that he (iiould be permitted to return to Quebeck in the t'ia k lies y I'i". A V ;. i1 ! 1*.. llic rprinj or" ihc lame year, 17^)6, to extrclfc hn Kpif- copal tutidioiia in the Province, .is BiOiop ul' Qucl)eck. Hi;* name was Olh'ur liriundf or Olivtr DriauU ; and he was a vvcll-Hizccl, cotucly, UKin, of about 5<> years olage, oleafy and a;;irccaMo inannors, and laid to Ufa man of ftjbcr anrl rrgular Iile, and uninipi-achcd niopidji. And lie accordingly went to Quebcck in the faid fprin^ of tjjc year I7(ifi, and lived there many years in the cxeicifc ol hi-iolike of Blfliop of Quebcek ; but, as I am inlornicd, has been dead now feveral years, and lias been luccccdod by another Fopifli Hifliop. Now, as this mealure of permitting Mr. Oliver Bri ivd to go to Qiiebeck, in the eharae^U-r and ftation of a Bifii')p, and to exercife his Epiieopal fmu^ions there, was already agreed to by his Majelly's Miniliers, I thought it belter to have it done openly by the Supreme Au- thority of Parliament, than privatelv and ahnoft clan- dcftinely, by the mere connivance of the Miniilcrs of State, in oppodtion to the above-mentioned, important, and fundamental. Statute of Queen Elizabeth, which prohibits all exercife of the Pope's authority, or of any authority derived from the Pope, (as that of a Popifli Bifliop is cxproifTily,) not only in the kingdom of England ilffll", ;ind the dominions then belonging to the Crown, but in all the dominions that fhould belong to the Crown in any future times. And this mud be my cxcufo fo^ inferting in the foregoing (ketch of an A61 of Parliament the Claufe for permitting a Popifli Bifhop 10 exircife bis tpifcopal fun^lions in the Province i)f Quebeck. For, as for the ir.eafure it^ftlf, " of permitting a Popifli Bifliop to rcfide there,'* I never could approve of it, nor, if I had been one of his Ma'eftv's IVliuiftcrs, whofe confent had beennecef- fary ^0 il'» adoption, would I ever have confented to it. I have »H ■ A. If '111 r • sm I have juft now faitl, that this pcrmiffion to Mr. Briand, to reficic in tlic Piovincc of Quebeck, as BiHiop of theDiocefe, was given only hy the connivance of his M«jcfty's Miniders of ftate of that time, Becaufe J never could find that there was any patent, or warrant, under his Majcdy's Signature, or any of his Seals, that gave him the title of Bijhopo/ Quebeck^ or, authorifed him to ordain Priefts, or execute any one of his Epif- copal fun6tions, but only an indruCtion either to the Governour or the Receiver General of the Revenue, (I forget which), in which he is called Super-'miendant of the Clergy f with an order, (if I remember right,) to pay him the moderate fum of 200I. a year, for his fupport. And, perhaps, the unwillingness of his Majelly's Minifters to have this meafure ** of permit- ting a Popifh Bifhop to refide in the Province," pub- lickly difcufled, might be an additional reafon to the two already mentioned, for their not chuHng at that time to bring the fettlement of the Laws and Govern- ment of the Province under the conlideration of Par- liament. I was told at the time, by Mr. Fowler Walker, (a Barriiler at Law, who pra£tifed with fuccefs and repu- tation in the Court of Chancery, and, who was well acquajnted* with the then ftate of the Province of Que- , • beck,} 1 r ^ i^ J !? II * This Gentleman had been employed, by ttie agents of several of the English and Scotch merchants that were settled in the Province of Quebecic, in drawing-up and conducting their complaints to the King in his Privy- Council, against the late General James Murray, (then Captain-General and Go- vernour in Chief of the Province of Quebeck,) for several acts done by him in his first office of Military Governour of the Province, as Commander in Chief of the Troops that were d « quartered I Hi if -i' m wt h-.'.-^> B;V f "'\ Wi' b ■ '. K''-,. ffp''^- ^;^V ^*Mt!':v'' mWir'- '" 370 'f*-:^ a:;^!. I^- 1 1 T* Ueck,) that this permiffion, thus granted by connivance, to Mr. Oliver Briand, to return to Qu check, in the charaAer of Bi(hop of the Province, was obtained from his Majefty's Minifters of State at that time, and particularly from the Marquis of Rockingham, (who was confidered as the principal Minifter,) by the in- fluence of the late celebrated Mr. Edmund Burke, who was at that time his Lordlhip's private Secretary, and who had then acquired, and ever after retained, a very great degree of his confidence. And I am much in- clined to believe this to have been the cafe. For, other- wife, it feems fomewhat furprifing that, that refpeft- able Nobleman, who, had been placed at the head of the Whig Party, and had been earneftly folicited and prefled, by the then Duke of Newcaftle, (who thought himfelf too old to return again into that active and important ftation,) to accept the Office of Firft Com- miflioner of the Treafury, almoft againft his will, and who, therefore, might be fuppofed to entertain the fentiments that had always heretofore been profefled by that party, and confequently to have confidered Popery and Slavei-y as the two grand objefts of fear and abhorrence to all true Englifli Patriots, againft quartered in it, during the years 1761, 1762, and 1703, and of some few acts done by him afterwards in his second office of Captain-General and Govcrnour in Chief of the Province, in the years 17G4 and 176.5, whicli they allcdged to be illegal and injurious to them ; and by his conversations with these agents and with the merchants of London wlio were the correspondents of the Aid complainants, concerning- the grounds, and proofs, and circumstances, of the Acts complaincd-of, he hud acquired a more intimate t^nowledge of the state of the Province, and all that was done and doing in it at tiiat time, than any other pcison that 1 then convcrsod-with. V. M. - . the * a. If:: 4 . 1! 371 the return of which, into the Laws and Government of the Nation, it was their duty to provide by every poffible precaution ; — I fay, it feems very fur- prifing, and almofl: unaccountable, that the great Leader of the Whig Party, fliould have confented to a meafure fo different from the former meafures of that Party as this permiffion of a Popifh Bifliop to exercife his Epifcopal fun6):ions, in the now Englifli Province ofQuebeck, in dire6l oppcfition to the above-mentioned Statute of the firft year of Queen Elizabeth. But the influence of Mr. Burke over the Political conduct of this worthy Nobleman is faid to have been almofl un- bounded. And, here, perhaps, it will be afked. How came Mr. Burke to give fuch advice, and interefl himfelf fo much in fupport of Popery ? was he not himfelf a Pioteflant, and had he not always been educated in the Proteflant Religion ? or was there any truth in a report that was frequently mentioned in converfation, and even publiflied in News-papers, concerning him, namely, that he had been educated in a College of Jefuits, at Saint Omer's, in Flanders ; and afterwards, when come to Man's eflate, had quitted the Church of Rome, and adopted the Proteftant religion, the better to advance his fortune in the world? — In anfvver to thefe queflions, I mufl declare that I believe he was educated in the Proteflant religion, and always conti- nued in it, and that the report of his having been educated in a College of Jefuits, at Saint Omer's, in Flanders, was entirely groundiefs. And of this I am the more afTured from having had in my poflfefTion for a year, or more, about three years ago, a fet of Letters of Mr. Burke, in his own hand-writing, written for the moft part, in the year 1748, when he was only twenty n 2 years •^) M ': 4.:- ■ U m l.n 372 T!.!' Hi years of age, and when he was still a (Itident in Trinity College, in Dublin ; which he could not have been, anlefs he had been a Proteitant. The greater part of thefe Letters were written to a young friend of nearly his own age, of the name o{ Shackle Ion, who was the fon of a refpedablc Proteftant Sc hool-mafter to whom Mr. Burke had beena fcholarbeforehewas removed to theUniverlitv of Dublin. Th(? letters arc written in a ftyle of cor- dial friendfliip and affe6lion for his correfpondent, and relate nioftly to claflical learning and fine writing, with- out any mention of the Roman-Catholick religion ; anil they (hew that Mr. Burke at that time wasimbitious of making a figure in the world as an elegant writer of Moral Eflays, or Periodical Papers, fuch as the SpeC' taior and the Guard'tattj after the example of Mr. Ad- difon and Sir Richard Steel. And, indeed, it appears, that he and one, or two, of his young friends at Dublin College, did actually fet-up a periodical paper of that kind in Dublin, but which was not continued for more than a few months. Thefe letters were lent me by the reverend Dr. William Hales, D. D., rector of Killesan^ dra, in the biflioprick of Meath, in Ireland, and were afterwards returned, according to his direction. They contain nothing very curious, or interefting, that might make it of importance to puhlifli them; but they do honour to Mr. Burke's memory, as they fliew him to have been a friendly, open-hearted, well-dif- pofed young man, with an ardent love of elegant learn ing, and a laudable defire of diftinguishing himfelfin the cultivation of it : and they prove, beyond a doubt, the falfehood of the story of his having been educated at the Jefuit*s College of St. Omer's. But it is, ne- verthelefs, certain, that Mr. Burke, in the fubscquent part of his life, became (though not perhaps a papift,) a great *.'* 3T3 great Pkiio'papist (if I may be allowed to ufe that ex- preffion,) or favourer and protedlorofPapifts, and a great enemy to all the Laws both in Great-Britain and Ireland that had been made from time to time to prevent them from renewing their repeated attempts to deftroy the Government in both countries, to which the prin- ciples of their religion continually excited them : for that .vas the only ground upon which any of thofe reftraining and difabling A6ls of Parliament had been pafled. And Sir Richard Mufgravc, in his faithful Hiftory of the feveral rebellions in Ireland, informs us, in page 35, that, the firft puhlick proof of this favour- able difpoiition of Mr. Burke towards Popery, was given by him in the year 1762, or the fecond year of the reign of his prefent Majefty, when Mr. Burke was 34f years of age, and had been married for fome years to an excellent and amiable young Lady, who had been educated in the Roman-Catholick Religion. Sir Richard fpeaks with fo much candour of Mr. Burke, and with fo much refpeft for his uncommon talents and attainments in Political knowledge and wifdom, that I (hall here infert all he fays upon the fubjeit, and even the whole Section of his work in which he fpeaks of him, which, is iiititled, "Origin of the Whitu Boys." 1' If 1- i^ ,.*■■. ' i'4 »» '* ORIGIN WF'iw ;■ ' §§: W'll-'' i*iv' "-;, ,;| ii^^: *' ORIGIN t ■•. t V -^ ' V ' ''It fmi*malm ii'!-. 1 lii 1 f i >. ■or ■ :•' >■- ■■ THE WHITE BOYS/' * jjn Extract from Sir Richard Musgrave's Memoirs oftlie Different Rebellions in Irelancly pages S2, 33, 34, 46, ' ' " In the year 1759, and under the adminiftration of the Duke of Bedford, an alarming fpirit of infurgency appeared in the South of Ireland, which manifeiled it- felf by the numerous and frequent rifings of the lower clafs of Roman-Catholicks, drefled in white uniforms, whence they were denom'mated tvhite-boys ; but they were encouraged, and often headed, by perfons of their own persuasion of some confideration. They were armed with guns, fwords, and piftols, of which they plundered the proteftanis, and they marched through the country, in military array, preceded by themiifickof bag-pipes, or the founding of horns. In their nocturnal perambulations, they enlislfd, or prcfll-d into their fervice, every perfon of ihcir own religion, who was capable of fcrving them, and bound them by oaths of fecrecy, of fidelity, and obedience to their officers j and thofe oflicers were bound by oaths of allegiance to the f rencli King, and Prince Charles, the Pretender to the Crown of England ; which appeared by the confeffion and the information of several of the infurgents, fonie of whom were convii^ed of high treafon, and various ' . other 375 other crimes. The pretext they made ufe of for rlfing and alTembling was, to redrefs the following grievances : The illegal enclofure of commons, the extortion of tythe-profikors, and the exorbitant fees ena6led by their own clergy, though it rppeared that they were deeply concerned in encouraging and fomenting them, in the eommiflion of outrages. j " They committed dreadful barbarities on fuch per- fons as hefitated to obey their mandates, or refufed to join in their confederacy ; they cut-out their tongues, amputated their nofes or ears ; they made them ride many miles in the night on horfeback, naked and bare-backed j they buried them naked, in graves lined with furze, up to their chins ; they plundered and often burned houfes ; they houghed and maimed cat- tle; they feized arms, and horfes, which they rode about the country, and levied money, at times even in the day. I fliall refer the reader to Appendix, No. I. for their defigns and praftices.* They refembled the modern defenders in every refpeft, except in the title which they afliimcd ; and their object was cxa(^ly the fame, that of fubverting the conftitulion, and It par- ating Ireland from England, with the affiftance of France. " Thefe mrfcreants became fo forniiclable in many parts of the Provinces of Leinflcr and Munller, that many laws, which I ihall explain in the fequci, were enabled for their fuppreflion. " In the year 1762, the Marquis of Droglicda was MHvfL " * Tlicre is a gross misiepreseiitat'^in of tlifscIiiMii'L.eiits ia tlieEncyclopscdia Britannica, ini(kr ilic tillconrcUuicl, printed I.)} James Moore iu CollCj^e-gi ecu, in ilu- year 1 ; !)0. B 1 font V **i . \P' 376 lent to command a large diflriA in the Province oi of Mun(ler, and made Clogheen in the County of Tip- perary, his head-quarters; at that time much didurbed by the white boys, who ufed to assemble in bodies of from five hundred to two thoufand. ** On the night of the day on which he arrived at Clogheen, a number of while bovs, well-armed and headed by Father Nicholas Sheehy, aflembled clofe to that town, and were on the point of attacking it, wjjich induced his Lordfhip lo double the guard. From this, the inhabitants of it, having a fufpicion that he was going to march-out againft the infurgents. Father Doyle, parifh-prieft of Ardfinnan, (alluded to in the information of David Landregin, Appendix No. I. 2.) after having expoftulated with them on the danger of aflaulting the town, went to Lord Drogheda, pale and trembling with fear, nflTured his Lordfhip that his gar- rifon was in nodanjrcr, and befi)ught him not to march- out against the infurgents. I received this information from the Marquis himfelf, and it correfponds exactly with the depofiMon oi Landregin. '* His Lordfhin's regiment killed great numbers of them, in that and the adjacent country ; and he affured me, that French money was found in the pockets of fome of them *' His Lordfliip, during his refidence there, took the famous Father Nicholas Sheehy, who was afterwards hanged at Clonmel. He had been a noted leader of the White-boys, and incited them to commit murder, and various outrages j and yet his memory is held in fuch veneration by the popifli multitude, and the clay of his tomb is fuppofed to be endued with fuch fuper- natural powers^ that various miraculous cures are im- puted m .*if rn putcd to it J in confequence of which, it is in fuch re- queft among the popifti rabble, that the fexton of the church, where the body was interred, is obliged very often to renew it. *' The Marquifs of Drogheda took, in the Caftle of Cahir, the domeftick chaplain of the then Lord Cahir, who conftantly reHded with his Lordfhip, on ferious charges againft him for high treafon. «< It is moftcertain,that thewhite-boy fyftem was at firft formed to co-operate with the French, who meditated an invafion of Ireland under Conflans j but when that was defeated, and even during a time of profound peace, the barbarous rabble, free from all moral reilraint, elate with the hope of plunder, and fraught with dis- afff.',i fs wM * M .,L'' I B Of Mr. Ed niuii'l Buike. 378 exccflcs in the South of Ireland, that Sir Richard Afton, Lord Chief Juftiec of the Common Pleas, was fent down with a fpecial con)mifliion to try them : and the midakcn lenity which he fliewed them, in the courso of his circuit, was fuch, that it encouraged them to per- fevere in the commiflion of enormities for fome years after. ** The late Earl of Carrick and the Reverend Mr. Hewelfon,' in ihe County of Kilkenny, Sir Thomas Maude, Baronet, (afterwards Lord de Montalt,) William J5agwell and John Bagcnall, Efquires, of the County of Tipperary, took a very aftivc part in fuppreffing the White Boys ; for which they were as much traduced and vilified as the Orange -men, yeomen, and all loyal fubji«Sl?, who endeavoured to put -down the de- fenders. " The Grand Jury of the County of Dublin were so much inccnfed at this, that they voted an addrefs of thanks, Appendix T. 6. to the Earl of Carrick, and thofe gentlemen, for their fpirited an81 Handing, could have continued under the (hackles of that abfurd fuperftition. ** At lad, when he had fcrved a fufficient number of terms to be called to the bar, he refufed to cturn to his native country, dcclaiing, that the climate of it dif- agrced with him ; and that he expedted to get fome employment in the line of his profeflion in America, through one of the Grcnville family. He therefore re- mained in London, where he fubfifted chiefly by his pen, and he foon acquired a confulerable degree of ce- lebrity, as a writer, and a man of genius, by his pub- lication of his Treatise on the Sublime and Beautiful, and by his Vindication of Natural Society, in imitation of Lord Bolingbroke, which introduced him to the notice and acquaintance of Mr.* Hamilton. When that gentleman came to Ireland, as Secretary to the Earl of Halifax, he, wifliing to avail himfelf of Mr. Burke's talents, folicited him to attend him, but in no official capacity ; and he accordingly complied. " He accompanied him a fecond timeto Dublin, when Mr. Hamilton was Secretary to the Earl of Northumber- land ; and was rewarded with a penfion of 300l. a-year. *' When they returned to England, Mr. Hamilton intended to have fpoken a fpeech on the peace in the year 1763, vhich he had prevailed on Mr. Burke to compose. ** It unfortunately happened, that, as he was about to rife, Mr. Charles Townfhend entered the hoiife ; and, as his wit and eloquence had been always terrifick to him, his appearance palHed his exertions, and flruck him dumb. Mr. Burke, enraged at this, (as they had united their talents in a kind of partnerfliip) faid, with -W |-f ^.3 " • William Geriard Hamilton, Esq. fome ■ ■ m ■j:ii 1 1* pA * J V 1 > Ic'' 1.. ■fi I A i .1 ''.£ S82 fome warmth, * What fignifips my making fpeeches for yi)u, when you cannot fpcak them ?' ♦• A warm altercation ensued, in the courfe of which Mr. Hauiiltnn informed Mr. Burke, that he had been overpaid ; on which Mr. Burke, with becoming fpirit, Tcfigncd hispenfion, which was afterwards given to a gentleman who enjoys it at this time, Mr. Mc. Cor- mick, in his Life of Mr. Burke, is mirtaken in this circuuillance. Their quarrel became a matter of curiofity and debate, in the fuperior circles of fociety, in which the partizans on each fide were very warm. " The difciidion of this affair introduced Mr. Burke to the notice of Lord Roekinghanj, who having formed a friendfliip for him, made him an under-fecretary in theTreafuryj but having loft that employujent in fix months, the period of his lordfliip's adminidration, he brought him into Parliament, where the elo„ quence and the great intellectual powers difplayed in his fpeeches, will remain a ftriking and an eternal monument of his genius, •• , * • " When the enormities committed by the While Boys were about to draw on them the vengeance of the law, and fome time before Sir Hichard Adon proceeded on his commifiTion to try them, Mr. Ediuund Burke fent his brother JRichard, (who died Recorder of Briftol,) and Mr. Nagle, a relation, on a million to Munfter, to levy money on the Popid^ body, for the ufo of the While Boys, who wereexrlufively Papifts. *'Some Roman-Cat iiolicks complained bitterly of the fums of money which they extorted from them. * The defpotim "*I have no other proof that these gentlemen were employed by Ml. Burke, ilian that they declared so without leserve to the persons from whom they obtained money. In doing so, he n 383 defiTotifm which the Romifh prelates have over their own body U fiich, that they cuii at any tinu levy large ^ fums of money on them, to proniofc the iniereft of their Church, which is a mod dangerous engine in a wcll-goverened Oate. The open and general exercife of it in the years 1792, and, 179:i, and again in 17e 7'23- '^ ' perfeAly c in the year ut that fomc 'ted in Eng- very lingular jftrines of the the peace of le Reformation i. into the lioufe [ion } in which )ry, and publick ler in Ireland, lat oath. After g afide the dif- •amily, he fays, iSiinable abfurd- lufts his Catho- 'fipture and tra- and nourifheth rch, ihall fwear profeffeth a he- t religion ; that ick Prieft ought whom he had ft horrible f 1 lifhop of Offory |mber 1776. He ite of Pope Be- e learning, and ly of his Majesty'* above my praise- pcrfedly 385 perfciSlly well acquainted with the dod^rines of the Ro- mi(]» Church, the bulls and epillles of the Popes, and the fentimenls of the Irifli Roman Catholicks ; and yet fonie of the heads of the Irifli Clergy have had the effrontery and duplicity to vilify the talents and inform- ation of this writer, and to reprefent him as a dotard^ haunted with dreams of pontifical omnipotence. But fuch perverfion of truth, and fuch varnilhing of odious do6lrines, are only calculated to deceive, and can im- pofe on no rational man ; for all the tenets contained in his book were carried into practice during the late rebellion. " Burke, after reciting part of Pope Paul V.*s bull, en- couraging the Irifli in the rebellion, exclaims, Quid celebrius ? OAud infivnius *? *' On the flight of King James II. he fays, that he fea- fonably left the Britifli nation, whom he brands as perjurers and traitors, who confpired againft his life^ fubjedl to the flavery of this new Cromwell (mea^iing King William,) vilissimi novi hujus Cromwelli ser- vitute. " The firrt part of his Hibern'tca Dominicana was printed at Kilkenny, in the year 1762, the fecond in 1772, both by Edmund Finn j but it was ftated to have been publiflied at Cologne, Colonia Agrippui SSG 'i; '■f- ' ?iii N. B. N.B. in the contemplation of Parliament, Thomas Maria Ghiliini, the Pope's legate at BrulTcls, who had a complete controul and fuperinteiidance over all th« northern churches, and fpoke ex cathedra, made the following animadveriions on that oath, in four letters to the Titular Archbifhops of Ireland; and thefe letters are ftyled by Thomas Burke, (who publifhed them in his Hibernica Dominicana,) literce ver^ aurecr cedroque dignee. ** The legate treats the claufes in the propofed oath, containing a declaration of abhorrence and detcdation of the do6lrine3, " that faith is not to be kept with hereticksj and that Princes, deprived by the Pope, may be depofed or murdered by their fubje^ls,'* as ab- folutely intolerable ; l)ecaufe, he fays, thofe doctrines are defended and contended-for by moll Gatholick nations, and the Holy Sec has frequently followed them in practice. On the whole he decides, that, as the oath i^ in its whole extent unlawful, fo in its na- ture it is invalid, null, and of no effect ; infomuch that it can by no means bind or oblige confciences'*^." << It is well known, that fimilar decifions have been uniformly made by the Roman pontiffs, on the validity of oaths any way detrimental to the Holy See. In the late rebellion, the Popifh multitude, and many of the Romifli clergy and gentlemen, paid no regard whatever to the oath of allegiance. << When the Emperor and the Roman-Catholick Princes of Germany concluded a peace called the Treaty of Weftphalia, in the year 1648, with the Pro- tellant Princes^ they mutually bound each other by a * Page 925. This was in the supplement of that work pub- lished intheyear 1772. folemn 387 folemn oath, to the obfervance of it ; on wiiich th(^ Pope publiflied a flaming bull, ii\ which he pronounced the oat^ to be null and void) as no oath could hind' them to hereticks. This bull was expofed by Horn<> beck, a famous German divine, in a work entitled, " Examcn. bullce papa its, qua. Innocentius X' alrogare nit'ttur pacem Germanioi." ** The condu^ of the Parliament of Ireland, from the beginning of his prefent Majesty's reign, till the end of the year 1793, prefents the reader with an un- interrupted feries of blunders in politicks. . > " All our difgraces and misfortunes are to be found in the hiftory of our penal laws, and in the feeble execution of them, beginning with the third of George III. capt 19. for indemnifying all fuch perfons as have been, or fliall he aiding in the difperfing of riots, and apprehending the rioters, which was enabled for the fuppreflion of the White-boys. As the boldnefs and temerity of thefe infurgents continued to encreafe, the fifth of Geoi^e III. cap. 8. pafled, and was en- titled, " An K&. to prevent the future tumultuous riiings of perfons within this kingdom." The want of en- forcing the falutary provifions of thefe laws tended to encourage the White-boys in tho commillion of atroci- ties for above twenty years after. About the year 1773, that fyflem of conciliation and conceflion> which laid the foundation of (he late rebellion, began; for, while this Popifli banditti, enconragctl by their clei*gy, werecoramittiug the moft dreadful enormities, the thir- teenth and fourteenth of George III. cap. ^^^ to ena- ble Roman-Catholicks to tcftify their allegiance to his Majefty by oath, was ena6ted ; but the tolly and ab- furdity of that law were fully proved by the necefflty of paffingj fooTi after, the thirteenth and- fourteenth of ? c -T George 11 w * ■'1 1 W 388 t¥ George III. cap. 45. to prevent malicious cutting and wounding, and to punifli offenders, called cfialkers; for the affaffin in the moriiing teftified his alle- giance to his King, and at night, with his chalking knife, renounced his allegiance to his God, by mangling and maiming his fellow-creature, and houghing his cattle. *'As the,barbarous exceffes committed by the White- boys continued to encreafe, the fifteenth and fixteenth of George III. cap. 21. was enabled againft them. It recites that the fifth of George III. cap. 8. was infuffi- ficient for fuppreffing them ; and it ftates, *' That they affembled riotoufly, injured pcrfons and property, com- pelled perfons to quit the-r abode, impofed oaths and declarations by menaces, fent threatening and incendiary letters, obftrufted the export of corn, and deftroyed the fame." This is an exa£k defcription of the de- ienders. .-■''' .„ :u, '..' ■ -: '.■',;■■ ** As their turbulence and ferocity continued to encreafe, and as they made a conftant praAice of houghing foldiersin a wanton and unprovoked manner, the chalking a^ was extended, and amended by the feventeenth and eighteenth of George III. cap. 49. " Conceilion and conciliation holding pace with an encreafe of the enormities committed by thofe favages, a law paffed foon after, the feventeenth and eighteenth of George III. cap. 49. to enable Roman-Cathblick<^ to take leafes for nine hundred and ninety-nine years, or five lives, at any rent ; and by it, all lands of which a Roman-Catholick was at that time feized, were made defcendible, devifable, and transferable, as fully as if the fame were in the feifin of any other perfon. " The preamble of this a£t recites, * That for their uniform peaceable behaviour, for a long feries of years, ^s^:. ».; 389 Ml »' '' years, it appears reafonable and expedient to relax feveral of their incapacities and difabililies.' The falfity and inconfiftency of this aiTertion will be an eternal ftain on the Parliament of Ireland. ** There is no doubt, but that the Romanifts had feme hired agents in that aflembly at this period. A ftrong argument in favour of an Union ! " As a mark of gratitude for thefe indulgencies, this infamous banditti proceeded to commit greater enormities than they had practiced before, in confe- quence of which the legiflature were obliged to pafs the eighteenth and nineteenth of George III. cap. 37. and the title of it will (hew how neceflary it was : * An A£t to prevent the deteftable practice of houghing cattle, burning houfes, bams, haggards, and corn; and for other purpofes.* ' '^ " ** Though they continued to commit their ufual excef- fes, the legiflature, aftuated by what was called Liberality of sentiment y put the Roman- Catholicks on the fame footing with Proteftants, as to property, in the year 1782; and alnioft the whole of the reftri£tive laws were repealed. The volunteers checked, in fome de- gree, the barbarous outrages committed by the White- boys, from the year 1780 to the year 1784, when the inftitution began to languifli ; and then we find them as furious as ever in the province of Leinfter. This proves how neceflary a numerous and well-armed police, confiding of proteftants, is to the profperity of Ireland. ' ' " In December, 1784, a body of White-boys broke into the houfe of John Mafon, a Proteftant, in the county of Kilkenny, in the night, placed him naked on horfeback, and having carried hirr in this manner five or fix miles from his houfe^ they cut-ofT his ears, 2 c 3 and i 390 »' fD^ iu tha-t (late buried him up to his cliiu ; Uicy »Uo robbed him of his fire-arms*. ** This year they were fo outrageous in the Province of Leinfter, particularly in the County of Kilkenny, that a denunciation was read againft them in all the PopUh chapels in the diocefe of Oflfory, on the feven. teenth of November, 1784. "ThisAvas aflrong proof of the returning loyalty and obedience to the laws of the Popifh clergy of that diocefe ; or, if they were infincere and fecretly encou- raged the White-boys as much as formerly, of their extreme duplicity. " As Doctor Butler, brother of Mr. Butler of Bally- f^gge^ ^nd of the noble houfe of Ormond, w-as at that time titular Archbifhop of Caihel, a gentleman who was lincerely loyal, it is very likely that he prevailed on his clergy to adopt this procedure. He ihould not be confounded with Dodor Butler, who was in that .See when the White-boys began their exceffes. " All thefe privileges were granted with a good ^grace by Parliament, and they met with no oppofition from the condituent body, who were at that time ex- cjufively Proteftants. " ^otwithdauding fuch liberality on the part of the ProteiUpt ilate, the White-boys iliil continued to commit nocturnal depredations in different parts of Z^inHer and Munfter, ; but in the latter they were fucceeded by a fet of infurgeuts called Right-boys in 1786, who refembled them in every refpeA, except in the title which they afllimed. Their proceedings, «hie6y directed ^ainft the Proteftant clergy, were not p.^~ ■ i rl fi'- i '1 h T 1 i f ; * See Api^P^ixA No. 1. 8. for a few specimen? of VVhitc-lioy itrocity. ; \ the 391 the wiW and extravagant eiforts of rafh and ignorant peafants, but a dark and deep-laid fcheme, planned by men fkiiled in the law and the artifices by which it might be evaded. Such men fuggefled to the farmeFS, to enter Into a combination under the fandion of an oath, not to take their tythes, or to aflift any clergy> man in drawing them. '* Some of the Proteftant gentlemen hoping to ex« •oncrate their eilates of tythes, by the machinations and enormities of thefe traitors, fecretly encouraged them; and others connived at their excefTes, till they began to oppofe the payment of rent, and the recovery of money by legal procefs ; and tlien they came forward in fup- port of the Law. " A form of a fummons to the clergy to draw their tythe, penned with legal accuracy, was printed at Cork, and circulated with great diligence through m?ny parts of Munfler. In order to make the com* binaiion univerfal, fome of the mod a£iive and intelli* gent members of it adminiftered oaths to all the lower clafs of people, at the Romilh Chapels and market- towns. To varnilh over the knavery and turpitude of their deiigns, they publiflied a tything-table, according to which they pretended that they would pay the clergy ; but to which they did not adhere ; and, if they had done fo, it would not have afforded them a fubfiftence. Befides, by fwearing not to hire horfes to them, and by a great number of them combining to fever the tythe^ and draw their corn, on the fame day, they completely robbed them of their property; and the Proteftant clergy would a£lually have ftarved, but that an A£t of Parliament palTed ia the year 1787, to enable them to a «4 recover 1^^!^ I'm •■:y' f 392 i<: ;i;: recover the tytlies of which they had been defrauded in this manner. ., - i ^ ,,/ ,» .w "At laft, the Proteftant clergy in the County of Cork were fo much intimidated by the menaces and infults which they received from them, that many were obH- ged to fly to the City of Cork for protedlion. Thefe traitors foon proceeded from one i6l of violence to another, an,d eftabliflied fuch a fyftem of terror, that landlords were afraid to diftrain for rent, or to fue by civil procefs for money due by note. They took arms from Proteftants, and levied money to buy ammu- nition. They broke open goals, fet fire to hay and corn, and even to houfes, efpecially to thofe occupied by the army. At laft they had the audacity to threaten tbe Cities of Limerick and Cork, and the Town of Ennis, the capital of Clare, with famine ; and took meafures to prevent farmers and fifhermen from conveying fup- plies of provifions to them. They proceeded by fuch a regular fyftem, that they eftabliflied a kind of poft- office, for communication, by which they conveyed their notices with celerity for the purpofe of forming their meetings, which were frequent and numerous. " This fpirit of riot and infurrefition occafioned the pafling of a law in the year 1787, drawn by theprefent lord Clare, entitled, " An A6t to prevent tumultuous rifings and aflemblies, and for the more effectual pu- niflimenl of perfons guilty of outrage, riot, and illegal combination, and of adminiftering and taking unlaw- ful oaths j" and in the formation of that law, he fliewed the fame political wifdom, and firmnefsofmind, which he evinced on all fubfequent occafions. By that law Government were empowered to raife an anfned police in any county they chofe; and the ' mtrodutiion Nc '*'''' ^93 introduftion oF it into the Counlifs of Kilkenny, Tipperary, Cork, and Kerry, occafioned fuch a re- volution in the morals and manners of their inha- bitants, and was fo efficient in preferving focial order, that fome of the principal landholders in them declared openly in Parliament, that their edates N. B. were encreafed two years purchafu i.n value by that falutary ftatute. " An ingenious foreigner obferved to me, that he never faw a country in which fo many proclamations were iflued againft malefactors, and the commiflion of "crimes, as in Irelandj a fure proof of the feeble execution of the laws ! . *' At laft, Do6tor Woodward, Bifhop of Cloyne, Of Dr. fliocked and alarmed at feeing his clergy driven from wa"d Bi- their houfes to the City of Cork, whither they went ^ll"'* *^^ - . Cloyne. for an afylum, and that a confpiracy was formed for the deftru6tion of the Proleftant Church, wrote a very able pamphlet, ilating the origin and progrefs of the infurre6tion in Munfter, hoping thereby to roufe Go- vernment to lake uicafures for its defence. ,. "Nothingmarkedfoftronglythe depravity of thelimc". as the malignant attacks, attended with fcurrility anU abufe, which were made on this amiable prelate, for this feafonable and fpirited difcharge of his paftoral duty. I had the honour of being well acquainted with him, and I never knew a perfon more profoundly and elegantly learned, or fo well verfed, not only in every thing that concerned the ecclefiaftical depart- ment, but in the various duties of every line of focial life. Having vifited every part of the Continent, he fpoke the modern languages with great fluency and purity, and had uncommon eafe and affability of manner. aiirt -. :i,.^:Mi'' fv «u;-; *.j ir -j*.-.,.;'* ■y>r- ■ i '' "He .'?94 mi4- f< I ' M ,; " He had the mod exalted piety, and was not only very charitable himfelf, but an aftive promoter of publick charities. His eloquence in the pulpit was irrefillible, as his flylc was nervous and elegant ; his voice was loud and harmonious, and he had great dignity of manner. " With all thefe exalted qualities and endowments, he pofieflcd the mod brilliant wit, and fuch a happy vein of humour, as enlivened fociety wherever he happened to be. " This neceflary and important duty, the neglcd: of which would have been criminal, drew on him a hod of foes, confiding of Popifli Bifliops, Prieds, Friars, and Prefbytcrian Miniders, who abufed and vilified him with fmgular malignity ; and even fome Members of Parliament had the hardened audacity to arraign him with much feverity. ** This amiable prelate made a mod eloquent fpeech in fupport of the privileges granted to the Roman-Ca- tholicks in the year 178a. "This fpirit of infurreftion fpread over mod parts of Munder. The confpirators bound each other by oath to redd the laws of tht land, and to obey none but thofe of Captain Iiight; and fo dri£tly did they adhere to them, that the High Sheriff of the County of Waterford* could not procure a perion to execute the foiilence of the law on one of thefe mifcreants who was conckmned to be whipped at Carrick-on* Suir, though he offered a large fum of money for that purpofe. He was therefore under the neceflity of performing that duty himfelf, in the face of an enraged mob. ip» /m; :■/:'';'* • The !¥) iter of these pages wai High Sheriff at that time. ^^ * After 395 After this long, hut, I truft, not uuinterefting extract from Sir Richard Mufgrave's Memoirs of the Rebellions in Ireland, I return to the permiflion which the King's Minifters of State in April, 1766, gave, by connivance, to Mr. Oliver Briand, a Roman*Catho- lick Pried of the Province of Quebeck, to go to France in order to be confecrdted as BiOiop of that Province, and then to return to Quebeck, and exercife his epi£» copal functions in that Province; which permiflion was at that time reported to have been obtained from the Marquis of Rockingham by the advice and influence of Mr. Edmund Burke. The only argument I hear'd alledged at that time in defence of that meafure, was to the following tffeGt ; *' That, fince, by the Capitu- ** lation which Sir Jeflery Amherfl granted to the Mar- *< quis of Vaudreuil, the French Govemour of Canada, " in September, 1760, when that country was furren- ** dered to the Britifli arms, and by the fubfequent ** ceflion of it to the Crown of Great-Britain by the " Treaty of Peice, flgned at Paris, in February, ijG3, *^ it had been (lipulated * that the worfliip ppefcribed *< by the Roman-Catholick Religion fliould be tolerated " in the Province, and that the Rom^n-Catholick " inhabitants ftiould be permitted to aflemble in their " Churches and Chapels to hear Mafs^, and receive the Sacraments of the Boniifl) Religion, as hereto* " fore,' it was neceflary not only to permit the Ro- " man-Catholick Priefts that wew then in the Province '* to continue to ofliciate in the faid Churches and '* Chapels without any moleflatio^,btttlo«perimt«tiiet " Priefts, (I I' M}(^\ ■n-\ , h >• la.', I'tr h *■ . M i ■I' <( (( <( I S» ..* Mil :m •' and educated in the Province, bccaufe there is iir «' the Town of Quebeck a Seminary, or College, " of HomanCatholick Prierts, of about five or fix ** in number, which has been long ago built and «' endoNved fufHciently with landed eftates tor the " maintenance of the Priefts that belong to it, and " whofc duty it is to educate young men for the Ro- * man-Catholick Prieft-hood. And it was alledgcd " that fuch an humble and private Bifliop, who would " exercife no other of his Epifcopal powers but that of " ordaining Priefts, and that only at the requifilionof " the Governour of the Province, and who might *' therefore be confide red as a mere manufaSlmtr of " PrieJiSf or (according to a French expreflion which '* was at that time reported to have been ufed by Mr. *' Oliver Briand himfelf upon the occafion,) unjimple ^'faisenr de fritrest would be a very fafe and conve- '* nient inftrument in the hands of the Governour for " carrying into execution the pfomife made to the " inhabitants cf the Province, of tolerating the uorfliip " of their Religion, without at the fame time incurring " the danger above-mentioned of admitting French *' fpies into the Province under the char.ndtcr of Ro- « man-Catholic Priefts." This was the argument that I hear'd mentioned at the lime, as that which had been employed by the advocates of this meafure to prevail upon the King's Minifters of that time to confent to it, and which (enforced, probably, by the addrefs and eloquence of Mr. Edmund Burke,) proved fuccefsful. It is, however, in my opinion^ rather fpecious than folid and fatisfac- tory. But, if it was perfedlly juft and conclufivc in favour of the meafure of permitting a Popifh Bifhop to refide in the Province of Quebeck, it muft at leaft be al- lowed f ' 'M \' mm ./.' ' 398 i;» '; i i ' lif'^lr 8^ ^Sm •' V < i9wed ihatfuch ameafureouglit not to have been adnptcd vviihout the authority of an A&. of Parliament, to take it out of the operation of the important and fundamental Statute above-mentioned of the 1(1 of Qiueen*£U- zabcth, which prohibits the cxercife of any power derived from the Pope, not only in the Kingdom of England itfelf, and the dominions thereunto belonging ai that time, but in all the dominions that fliall belong to it at any future time. And therefore, for want of fuch an A61 of Parliament to authorize it, the faid meafuic was illegal. But, if it had been legal, it would not have been a prudent meafure, notwitiianding the plaufibility of the foregoing argument in it's favour. For it was almod certain, that any Roman'Catholick Pried who fhould be permitted to lefide in the Province of Que- beck after having been confecrated Biibop of it,, would (notwithdanding any declarations that he might have made to the Englifh Government, in order to obtain fuch penniffion, ^' that he diould confiderhimfelf only as an Ordainer of New Priefls when they diould be wanted to fupply the vacant benefices, and would uever exert any of the other powers belonging to his Epifcopal Office,) — I fay, it was almod certain that he would (notwithdanding fuch declarations) exert many other powers of his office over the Roman-Catholick inhabitants of the Province, which might have very important effe^ls both on the Roman-Catholick Prieds and the laietv of the fame religion, and would proba- bly greatly check and difcourage both t}iofe defcriptions of his Majedy's new, or Canadian, fubje^ts from converfing freely and affociating with the Britifb inha- bitants of the Province^ and from reading the bookd of the New Tedament, and inquiring into the nature of oMH) ot" the Proteftant Religion ami it's difference from that of the Church of Rome ; of which inquiries the natural confequencc would have been that many of them would have become converts to the Do£lrine of the Church of England. And accordingly it was found that, when Mr. Oliver Briand returned into the Pro- vince of Quebeck, he took upon himfelf the title of Olivier Briand, par la Grace de Dieu et du Saint Siege^ Evesque de Quebec, and, after having, upon his ar- rival in the Province in June, 1766, declined the com- pliments ufually paid to his predeceiTors in that high o^ct, and declared to his friends, " that he did not <' come into the Province to be a Bifhop upon the '* fame high footing as his predeceffors in the time of " the French Government, and was not therefore << intitled, and did not defire, to be treated with the " fame ceremony and refpe6l as had been ufed towards " them, but that he was only unjimplefaiseurdeprilres, " a mere Ordainer of New Priefts," and having, for a month or two, worn only a common black gown, like the other Roman- Catholick Priefts, he grew tired of this humble way of proceeding, and drefled himfelf in a purple robe, with a golden crofs at his breaft, which are the ufual eniigns of the Epifcopal dignity among the Roman- Catholicks ; and afterwards he very freely exercifed the tremendous powers of fufpending priefts from the exercife of their clerical fun6\ions and- de- priving them of their benefices, and excommunicating and depriving perfons of the Sacraments, and inter- dicting divine worfhip in Churches and Chapels. Amongft other exercifes of thefe high powers belong- ing to him as Bifliop of Quebeck, he publiflied » circular Letter to the Roman-Catkolick inhabitants ta ex!hort them to take arms for the Crowa agaiaft thb other ■'■■:■ . jil litlii :';\\ ■ 1 j'^n 1 '"11 , "',1 ' ill i ' ii III! 1^: "^ ii.flBK 1 ill Exit 'HH '^' '9 'B 1 ifflllll 400 hfMi?'''i''" '" a'3 •■u '"■'•■ ).■! • i w ■ i I'l other Americans in the beginning of the American war, in which he promifed indulgencies to thofe who fliould comply with his exhortations, and threatened thofe who fhould refufo to do fo, with excommunica- tion. And by this Letter as well as by feveral a6ls of haughtinefs and violence, he very much difguftcd the Canadians, as my readers may fee by confulting the fccond volume of my Qucbeck papers, in pages IH, 112, 113, 14'4'. So different did his conduft in the Province, when in afilual poflelTion of the office appear to be from that of the mere occafional ordainer of new priefts, le Jimple fa'iseur de pretres^ which he had promifed to be when he foUicited the permif- fion to return to the Province after having been made it's Bifhop. ' , As for the advantages that, it was pretended, would refult to the Province of Quebeck, from the permiffion given to a Popifli Bifliop to refide there, by furnifhing a means of fupplying the vacant benefices with frefli Priefts without admitting any to come there from Old France, they might eaiily have been obtained without this dangerous and illegal meafure, by purfuing the following plan. The Seminary, or College, of Que- beck, might hnvebeen preferved, with all its members and teachers of Popifh divinity, and its revenues, (which are faid to amount to fix or feven hundred pounds fterling a year,) for the education of young Canadians to the profeflSon of the Prieft-hood : and, when they had attained the proper age for taking orders in that Church, thefe young men might have been fent-over to England at the King's expence with the Governour's recommendation lo his Majefty's Secre- tary of State for America, as young men of good behaviour and principles^ that were fit to be made Priefts 1« American thofe who threatened immunica- ;ral a6ls oi fguftcd the fulting the pages 1)1, is conduft if the office lal ordainer tres, which the permif- beeu made ided, would le permiffion w furniihing s with frefli re from Old ned without lurfuing the e, of Quc- its members s revenues, en hundred in of young hood : and, [aking orders It have been ice with the [fty's Secre- en of good Ito be made Prieft* 401 Priefts and hold benefices in the Province. And from England they might have been fent to Munfter ia Germany, or to the Popifti canton of Lucerne in Swit- zerland, (attended by fome proper and trufty com* panion, who (hould have taken care that they fliould not have fet their foot in Old France) with recom- mendations, if they had gone to Switzerland, from the Secretary of State for America to his Majefty's Refident, or other Minifter, to the Sv/ifs Cantons; and there they thf^y might have been ordained to the Prieft-hood of the Church of Rome by the Bifliop of Munfter, or of Lucerne, or fuch other Roman-Catho- lick diftrid, (not in Old France,) as his Majefty, in his Royal Wifdom, fliould have thought fit to fend them to. And, when thus ordained Priefts of the Church of Rome by fuch foreign Popifli BiOiop, they fliould have returned to England, and from thence to Quebeck by the firft convenient opportunities, at the King's expence. Such a voyage to Europe would probably have been confidered, by the young Candi- dates for the Prieft-hood who fliould have had occafion to take it, as a party of pleafure rather than a hardflii]>. And the expence of it to the Pul)lick would have been trifling; perhaps 300I. or4Dol. once in three or four years. For, as the whole number of pariflies in the Province is but 128, (at leaft it was no greater in the year I767; I know not how many new pariflies may have been created fince ;) a fupply of two new Priefts a year, or fix or feven every three years, would have been fufficient to keep the benefices always full. By this obvious and eafy method of procuring new Priefts for the fiipport of the Roman-Catholick Religion agreeably to the toleration promifcd by the Capitulation and Treaty of Peace, the (uppofed necediiy of permit- 2 D i my t-H ¥ A '^1 *■ ^ .n 402 m '/i 'Is ■ ■■ M^]L ting a Popifli Bifliop to refide in the Province might have been avoided. ■. • v i'l :ri vj ti ; rirrr.: , If the young French, or Canadian, scholars, edu- cated at the Popifli Seminary at Qiiebeck, for the priefl-hood in Canada, had been ordained priefts in this manner by the Bifliop of Mimfter, or feme other Roman-Catbolick bifliop in Germany, or Switzerland, and been .immediately fent-back to Quebeck in a King's fliip, to be appointed to officiate in the vacant Churches of the Province, it would, I prefuinc, have been expedient to dire£i that they fliould be appointed, or collated, to thofe Churches by the Governour of the Province, to hold the fame during his Majefty*s pleafure : and thus the whole body of them would have been dependant on the Crown, and would, pro- bably, have ufed their influence over the Inhabitants of their feveral pariflies, to promote their attachment to the Englifli Government, and to induce them to re- linquifli their former prejudices in favour of that of France. And, in this (late of things, it is highly pro- bable that feveral of these Roman-Caiholick parifli- priefts, or CurateSy (as they were there called,) being free from the controul, or authority, of any Popifli bifliop, or other Ecclefiaftical Superiour in the Pro. vince, would have ventured to read with attention the books of the New Testament, and to inquire into the grounds of the differences of the doctrines of the Church of Rome from thofe of the Church of Eng- land, and, in confcquence of fuch examination, would often have been inclined to adopt fonie of the doctrines, if not all, of the Church of England, and particularly to think it lawful to ufc the Liturgy of the v^hurch of England, tranfl.itcd into French, in their Churches, iuftead of the Latin Mafs ; and that, upon thefe changes ^ i in (vimc might :holars, edu- eck, for the ed priefts in )r fome other r Switzerland, Kiebeck in a in the vacant >rerume, have I be appointed, Governour of his Majefty's ,f them would nd would, pro- he Inhabitants leir attachment luce them to re- rour of that of it is highly pro- itholick pariib- called,) being of any Popilh ur in the Pro- h attention the inquire into the jctrines of the Ihurch of Eng- linalion, would if the doctrines, ind particularly |f the vhurch of heir Churches, ,n thefe changes in 403 in their opinions upon thefe fubjefts, they would have become the means of converting their parifhioners to their new way of thinking upon them, as WicklifF, the great Englidi Reformer, did in England, with as- tonifhing facet fs, in the reign of King Richard the II. And, that fuch changes of opinion in religious matters as (hould have been recommended by the parifli-priefts to their Pari(hionerSj would have been readily adopted by the latter, — and, more efpeci ally, that of thelavvful- nefs of making ufe of the Englifti Liturgy, tranflated into French, in their Churches inftead of the Latin Mafs, — J have hardly any doubt, from all that I could collect of the fentiments and inclinations of the peo- ple of that province from a refidence in it during three years, from September, 1766, to September, 1769, and from converfing during that time with a great variety of the French, or Canadian, inhabitants of it. And this was alfo the opinion of that wife and judicious Statesman as well as great and succefsfui General, Sir Jeffery Amherft, who conquered that whole Province and granted the Marquis of Vaudreiiil, the French Go- vernour of it, the Capitulationof September, 1760. For, about the month of May, 1774', when the Bill for re- gulating the government of the Province of Quebeck, was brought into the Houfe of Lords by the late Earl of Dartmouth, Sir Jtffery called upon me at my cham- bers in the Temple, to converfe upon the provifions of that Bill, of which he exprefled aftrong difapprobaiion, and more particularly of the claufe that ejiabbjbed the Popifli Religion in Canada, by giving the Popifti priefts a legal right to their tylhes, which he had expreflly refuted to grant them by the Capitulation of Septem- ber, 1760, and had referred to the future Declaration of the King's pleafure on that (ubjectj which Decla- 2 D 2 latioii I .' tl at i ;f 40i '•^i^ v:f:j; ration had never been made from the furrendcr of the Province in September, 17CO, lo the introdu£lion of that Qiiebeck-bill into the honfe of Lords in May, 1774, and the right of the Pricfls to fue their parifli- ioners for their tythes in courts of JuUicc, had there- fore been confitlercd as fiifpended during the long in- terval of 14 years from September, 1760, to May, 1774. This claufe he therefore highly difapproved-of, as being a wanton and iinnecefTiry ijlabljjhment of Popery in the Province, inilead of a mere toleration of it, or permiflion to attend the worjhip of it in their Churches and Chapels without any molestation, either to them- felves or their priefts ; which was all that was ftipu- lated by either the capitulation of September, 1760, or the Treaty of Paris in February, 1763. And it was certainly not necefifary for the fatisfaftion of the bulk of the Inhabitants of Can ida, becaufe they were very well pleafed to be left at liberty either to pay their tythes, or to let it alone, as they thought fit j though, from an attachment to their religion, they, for the inoft part, thought (it to pay them. And 1 remember that Sir Jeffery told me at the fame time, that he iho'Jshi it would have been fufficient for the fatisfaction of the Inhabitants of the Province, to have only per- mitted the Cufates, or Parifli-prieUs, who were in the Province at the time of the Capitulation, lo have con- tinued in polRffion of their benefices during their live?, and then to have fupplied their places by Protestant I'rench minifters, who (hould have conformed to the Cliurch of England and have read the Liturgy of it, tranflated into French, to their feveral Congregations, And I remember that a French merchant at Quebeck, who was a native of old France, and a man of uncom- mon talents and great reading and knowledge, and' was 'k 405 was a profefled Roman-Catholick, (though he was reckoned by many perfons of that city, to be what the French call a Vhilosophevy or an unbeliever in all revealed religion,) went further ftill than Sir Jeffery Amherft in the opinion that the Proteflant religion of the Church of England might have eafily been intro- duced into the Province. For one day, when he dined with me at my houfe at Quebeck, he told nic of his own accord, (I having faid nothing to lead to it,) that he was furprized that theEnglifli Government had not, immediately after the ceffion of the Province to the Crown of England, by the Treaty of Peace in Febru- ary, 1763, introduced into it at once the ProteUant religion as fettled in the Church of England ; adding, that he was perfuaded that it would have been readily fubmitted-to and acquiesed-in by the inhabitants of the Province, who, as the Clergy of the Church of England have retained fome of the Ecclefiaftical veft- ments of the Romi(h Clergy, fuch as the gown^ and band, and furplice, would have hardly perceived ihe change from one religion to the other. In this, how- ever, I could not agree with the Philofopher, but was always defirous, from motives both of Juftice and Pru- dence, that they tltould enjoy a com pleat toleration of their religion to the full extent of the Capitulation and the Treaty of Peace, but without an e(lablifhm''nt of it, which the body of the People in the Pro ..ice did by no means wifh-for, and which was afterwards un- neceflarily re-impofed upon them, rather than granted to them, by the Quebeck-aA of the year IT?*. But, whatever might have been the probability of fuc- cefs in a plan of gradually converting the Canadians to the Protestant religion, by encouraging, or, at lead, per- mitting, their own prieUs to become the inflrumentsof 2 o 3 fuch \ \ 1 mm 1 ''•1 eh 1 'm mm 1 ::^ WW m ' '*'&R ^fflf ^^K ^H r'^ ir^'Ss '» .•»| ■s??® ■i^L ki'l ^%' .j^H ■'M Hi Nib iw '1! L '^%2 3',''.'.* • " I- "1-, ■•a 4 ♦-If 406 v 1 ■ ; •; V 1 * f V i u ■It' fuch converfions, in confequenre of their own free ex- animation of the grounds of the differences between the doctrines of the two religions and their fubfequent convi£lion of the errors of the Romiih doctrines ; — all hopes of that kind were counter-a6led, and almoft de- Aroyed, by the unfortunate meafure, adopted in the year 1766> of permitting Mr. John Oliver Brian^ to re- turn to Quebeck in the character of Biihop of the Pro- vince. For, by the power of suspending priefts from the exercife of their clerical fun£tions, and depriving them of their benefices, and interdicting the performance of divine worfliip in whole parifhes, which he claimed and exercifed on various occafions, he kept the clergy in fuch a ftateof terror and fubjc£lionto him, that no pried would ever venture to exprefs any doubts concern- ing the do6^rines of the Church of Rome, or take the smallefl step towards an adoption of the doctrines of the Church of England. Two remarkable inftances of his exercife of these dangerous epifcopal powers in the Province of Quebeck, exhibit fo clearly the imprudence of the meafure of permitting him to return into the Province in the character of its Bifliop, that, though they have already been publiihed in the year 1776, in the fecond volume of my Quebeck- papers, I will here reprint them. They are a tranflation from an extraft from a letter written in French by a Roman-Catholick gentleman in the Province of Quebeck to a friend in London in September, 1775, ,- '• vt J f .1 . y/ Tranjlalion 407 ■fM. A Translation of hvo anecdotes concerjiin^ the conduct of JottN Oliver Briand, the Popi.\h JiisJwp of Quebec, k ; extracted from a Letter written by a person of credit in the Province ofQutbcck to his friend at London about the end of September, 111 b. , , ; •. • -f. ■, - ' '« Sbtkn years ago Mon(ieur Vincelot, the Seignior of Idettc, at the requiHtioa of the bidiop ofQuebeck in his vilitatiun of the pari(hes of his diocefe, gave a piece of ground, eight French arpents fquare, for the inhabit- ants of that parifli to build a church upon. And he himfelf built upon it, at his own expence, an uncom- rnonly fpacious parfonage-houfe, in which the people of the parifl) might meet to hear mafs during the time thechiirch would take-upin building. And in this houfe the pried of the parifti lived. At the end of two years Monficur Briand, the bifliop, at the requed of the inhabitants of the higher part of the purifli, appointed another place for the fituation of the church which the inhabitants of it were to build : and the inhabitants ac- cordingly begun to build the church in this latter place; and in the courfe of three years (they proceeding but flowly in the work) made it fit for the performance of divine fcrvice. When the building of the church was compleaicd, Mr. Vincelot refunied the pofTeflion of the former fpot of ground and of the parfonage-houfe which he had built upon it ; grounding his right to njake this refumpiion upon the non- performance of the condition upon which alone he had given this 2 D I- ground 408 ./; ' U|f:' :■''' L I fl^ f &■ ■ ground to the parifli, which was "that they » ! 1 » 't •. J 410 ' '. ; to the p«rifh -church, and exlinguiflics the lamp of thv principal altar, throws-down the wax-tapers upon the ground, orders the bdl to ring, burns the confecrated bread, and carries -awny the box that contained it, the cdlice, and the Tun, and reads the fentence of excom- munication, and declares that it is to continue in force f»>long as the parifli fhall harbour within it thofe two rebels to the authority of the church. Alarmed at this terrible threat, the inhabitants of this unfortunate pa- rifh depute their church ^wardens to the bi(hop to implore his mercy. The church- wardens repair to Quebeck, and on their knees intreat the biOiop to take- off the excommunication. But they could make no impreffion on him. On the contrary he behaved to them with the greatcd rudenefs and contempt, faying, ♦* No ! I will by no means take- off this excommunication, J will leach you to dread tbefowerof a hi/hop : and the rcjl of the province will, in consequence of your exam- pUf become mi.rc obedient to the church, I therefore command jou to drive those two wretches from among you : and^ ify^^ ^^^'V fhis command^ 1 will then con- fider what it may be proper for me io do with respe£i to the excommunication.*' The poor church-wardens, dill on theii knees, ftll into tears at thofe harfli words, and faid in anfwcr to them, " that, as those persons were upon their own londf they, the other pari/hionerSy had no authority to drive them cut of the pari /h, as his Lord/hip now required them to do : but that this could vnly be' done by the Judges.** Getyougone^you black- guards, get out of the room this moment'," replied the biihop, and at the fame time opened them the door. Upon this they rofe ironi their kneeling pofture, to go out of the roon). But one of them, growing bolder tiian the reft, ftayed behind in the room for a flmrt fpace 411 fpace or time after the reft had quitted tt| and faid to the bi(hop in a fteady tone of voice, in the hearing of Mr. Mubane, (one of the Judges of the court of com- mon pleas,) who happened to be with the bifhup at the time, " My Lardy if this man had given you the 150 Dollars which you asked of him for a dispensation to marry bis relation^ you would have granted him the dispensation ; and then he would not have been guilty of this offence, And^ nowt my Lord, that be has been guilty of iiy you ought to have confined your punifbment tolim aloncy and not have extended it ti the inhabitants of a whole parithy who are entirely innocent." Mr. Mabane was (Iruck with thejudnefsof the oblcrvation, and could not refrain from laughing when the man delivered it ; and he earncftly interceded with the bi- (hop to take-off the excommunication. But he did not fucceed. For the bifhop thought fit to continue it for two months longer, and then at lad ibok it oflf at the humble and urgent requefl of Monficur and Madame Gafpe. This ftory was related to me by Francis Le Clerc, one of the churcn-wardens above-mentioned, who waited on the biiliop at the defire of the other inhabitants of the paridi on the occafion above- recited. The French cxtra^l, of which this is a tranflution, may be fcen in the ftcond volume of my Quebeck paper?, in pages 120, 121, 122—126. F. M. ^m ' ' w^ J^Blf \nr[* ifiWV' J**! _|I,'^'^»L' i« ■I- 'p r. . Wtl Remarks 412 The To?c. ration ot' a Religion. ■Ul 'V Remarks on the true meaning of the iiords Toleration, Endowment, and Establish- MENT, when applied to a Religion adopted and permitted in any countrij. I HAVE obferved that fome people are apt to life thefe words in a confufed manner, or without annexing dif- tin£i Ideas to them, when applied to a mode of Religion that is permitted or adopted in any country; which makes it difficult to underllund their reafonings on the fubjeft and to come to any juft and fatisfa^lory con- clufions on it. It will therefore be ufeful to flate the feveral di(lin6t Ideas which ought to be annexed to them indifcuffions upon this fubje6l. Now it appears to me that there are three difierent methods in which a Religion, that is permitted by the Government of a country to be profeffed and praAifed in it, may be fupported, which may be diftinguifhed from each other by the words Toleration^ Endowment, and Estallishment, When the Government of a country permits the profeflbrs of a Religion to meet-together in places of worftiip of their own building, or hiring, and to have divine worfliip performed in them, according to the Rites and Ceremonies which they chufe to adopt, by priefts, or minifters, of their own, whom they employ and hire for the purpofc, that Religion is said to be tolerated. Thus the Quakers are tolerated in tngland, and fiich of ihePreibyterians and other Proteftant DiflTenters from the church of England as comply with the conditions . , required 413 jequired by the two Toleration-acts of the 1 "WiUlam and Mary, and the 19 oi' the prefent king George the III. are also Tolerated. But the other protcftant diffent- ers, who do not comply with thofe conditions, are not tolerated, but are expofed to the penalties of fevere laws for worfhipping God according to their confciences in their mceting-houfes, or conventicles, as they are called in thofe penal ftatutes. And in like manner the Ro- man-Cathulick religion was tolerated in Canada from the conqueft of the country by Sir JefTery Amherft in September, 176O, to the pafling of the Qucbeck-act in June 1774, when it was eltablidied by that Act. For the people were permitted toalTemble in their churches and chapels to hear Mafs and to receive the Sacraments, according to the rites of the Church of Rome, and the priefts were permitted to officiate therein, without any molefiation whatfoevcr: and the tythes and other profits paid to the priells on this account, were paid voluntarily by the people who followed that mode of worfliip with- out any right in the priefts to compel the payment of them by a fiiit at law. This wns perfeSl toleration. But it is poflible that a government, though it may think it neccflary in point of Juftice to pernut the followers of a particular religion to meet together in moderate numbers to worfhip God in their own way, may yet not think it expedient to let that rtligion take root in the country in a manner that is likely to incrcafe the number of its votaries. And in this cafe they may forbid its being endowed by gifts of land, or other permanent property, afligned to trudces for the pcrma- neiit fupport of it. This, I apprehend, would not be inconfiflent with toleration, nor at all unjuft towards the profcflbrs of fVich barely-tolerated religion ; becaufe every flate has a right to judge of the utiliiy of llie pur- poles ;<;' ■ 'A 11 414 pofes for which it allows the property of any of its members to be aliened in mortmain. The En- But cn the other hand it is poifible that a govem- aRctigioM. ment may think a particular mode of religion, though not worthy to be fuppvorted and encouraged by publick authority, yet to be fo very innocent and inoffenfive to the (late that they may indulge the profelTors of it with a liberty to alien their land, or other property, in mort- main for the permanent fupport of the minifters and and teachers of it ; as in England and other countries in Europe, men are permitted to found Profefforfliips of the Sciences inUniverfities, or to alien a part of their property in Mortmain for the maintenance of the Pro- felTors of them. Where this is permitted with refpeft to any particular religion, and private perfons have made ufe of fuch permitfion, and have fettled perma- nent funds for the maintenance of the minifters and teachers of fuch religion, that religion may be faid to he endowed. The Esw- Laftly, where the government of a country provides a a Religion!' ^""'^ ^Y ^^^**" ^^" publick authority for the mainte- nance of the minitiers and teachers of any Religion, fuch a Religion is (aid to he established. Thus, before the Reformation the Popifli religion was eflabllfbed in England ; becaufe lythcs, and other pub- lick funds, vv'ere appointed by the Law of the land for the maintenance of the priefts that taught it. And at the Reformation, by the ftatute of ift of Elizabeth, cap. 1. for abolifliiug the foreign Jurifdi£tion of the Pope ; iill priefts who held bentfices were required to abjure the faprcmacy of the Pope, and acknowledge that of the Queen ; that is, the benefices, or publick funds adigncd fdr the maintenance of the publick teachers of religion, were tran&fcrrtd from the Popifh priefts, who " . acknowledged 415 acknowledged the Pope to be the head of the church, to the Proteftant priefts who acknowledged the Queen to be fo J and by that transfer the Protertant Religion became established. This is the only fenfe in which the Church of England can be faid to be eilabiinied at this day. Its priefts are paid for performing its cere- monies, and teaching its doctrines, by funds afligned to them by the publick authority of the (late. And in the fame fenfe the Homan-Catholick religion may be faid to be eftabliftied in Canada by the late a^ of parliament in the year 1774. For a puhlick fund, to wit, the tythes of the Popiih parifluoners, that is, of 49 perfons out of every 50 throughout the province, is hereby ailigned to the Romiih priefts as a maintenance and reward for performing the ceremonies, and teaching the doArines of that religion. . . I know that fome perfons have aflferted that this meafure is not an eftabliftiment of the Popifli religion in Canada, becaufe the Proteftant parifliioncrs are not obliged to pay tythes to the Romifh priefts. But this affefts only the quantum of the Provifion made for the maintenance of thofe priefts and the religion they are to teach. It is fumewhat lefs ample than it would be if the Proteftants were forced to pay the tythes to them as well as the Roman- catholicks. But the nature and deHgn of the Provilion are the fame in both cafes. It is a fund provided by publick authority for the fupport of priefts, to exercifc and teach the religion of the church of Rome. And this, I prefume, is all that is meant by thofe who have affirmed that the Popifti reli- gion is ej}atli/hed by this act of parliament, and is all that the words, eftablijbment of a religion, naturally and ufually import. Ci '■ "Din Of fJ ■ « F w r ! Li f- LI. 416 e» TRUE RELIGION, HERESY, SCHISM, TOLERATION; AND . J WHAT BEST MEANS MAY BE USED, AOAINST TMB ^ '* ' f ^ GROWTH OF POPERY « BY JOHN MILTON, ESQ. The Author >\f Paradise Lost. It is unknown to no man, who knows aught of con- cernment among us, that the Increafe of Popery is at thisday nofmall trouble and offence to the greatell part of the nation ; and the rejoicing of all good men that it is fo : the more their rejoicing, that God hath given « heart to the people to remember dill their great and happy deliverance from Popifli thraldom, and to efteem fo highly the precious benefit of his gofpel, (o freely and fo peaceably enjoyed among them. Since there- fore fome have already in publick with many confider- able arguments exhorted the people to beware the growth of this Romifh weed ; I thought it no lefsthan a common duty to lend my hand, how unable foever, to fogood a purpofe. I will not now enter into the la- byrinth of Councils and Fathers, — an inlangled wood which the papifts love to fight in, not with hope of victory, but to obfcure the (hame of an open overthrow: which yet in that kind of combat, many heretofore^- » Printed in the Year IQ70. fc and 417 ON; .»' . ■ 'J ' * ught of con- Popery is at reateft part of len that it is lath given a eir great and nd to efteem el, fo freely Since there- ny confider- beware the no lefs than able foever, into the la- ngled wood ith hope of overthrow: heretofore^ t and and one ot late, hath eminently given them. And fuch manner of difpute with them, to learned men is ufeful and very commendable. But I (hall infill now oti what is plainer to common apprehension, and what I have to fay, without longer introduction. ' True reliPton is the true worfhip and fervice of God, ^'^.T'"* . <^ r Religion learnt and believed from the word of God only. No mau, or angel, can know how God would be wordiipped and ferved, unlefs God reveal it. He hath revealed and taught it us in the Holy Scriptures by infpired minirters, and in the Gofpel by his own Son and his Apollles, with ftrifteft command to rejeftall other traditions, or addi- tions, whatfoever. According to that of St. Paul, *' Though we, or an angel from heaven, preach any other Gofpel unto you, than that which we have preached unto you, let him be anathema, oraccurfcd." And Deut. iv. 2. " Ye (hall not add to the word which I command you, neither (liall you diminifli aught from it." Rev. xxii. 18, 19. ^' If any man (hall add, &c. If any man (hall take-away from the words," &c. With good and religious reafon, there- fore all Proteftant churches with one confent, and particularly the church of England in her thirty-nine articles, artic. 6th, 19th, aoth, aift, and clfewhere, maintain ihefe two points, as the main principles of true religion : that the rule of true religion is the word of God only: and that their faith ought not to bean implicit faith, that is, to believe, though as the church believes, againft, or without, exprefs authority of Scrip- tare, And, if all Proteftants, as univerfally as they hold thefe two principles, fo attentively and religioufly would obferve them, they would avoid and cut-ofF many debates and contentions, fchifms, and perfecu- lions, which too oft have been among them, and more 9 E firmly ini ,1:; What He- resy is. Tlie true meaning of the phrase Cnthnliik Clmrch. Of Sects. 418 • firmly imitc againft the common adverfary. For hence it diie^lly follows, that no true Proteftant can per- fecute, or not tolerate, his fellow-proteilant, though difTenting from him in fome opinions^ but he mud flatly deny and renounce thefe two his own main, principles, whereon true religion is founded ; while he compels his brother from that which he believes as the mauifeft word of God, to an implicit faith (which he himfelf condemns) to the endangering of his brother's foul, whether by rafli belief, or outward conformity ; for " whatfoever is not of faith, is fin." I will now as briefly fliow what is falfe religion or herefy, which will be done as eafily : for of contraries the definitions muft needs be contrary. Herefy there- fore is a religion taken-up and believed from the tradi- tions of men and additions to the word of God. Whence alfo it follows clearly that of all known fedls, or pretended religions, at this day in Chriftendom, Popery is the only, or the greatert, Herefy : and he who isfo forward to brand all others for Hercticks, theob- (liuale I'apift, the onlyiHeretick* Hfnce one of their own famous writers found juft caufe to flile the Romifh Church " Mother of error, fchool of Herefy." And, whcroas the Papift boafts himfelf to be a Roman-Ca- iholick, it is a mere contradiction, one of the Pope's balls, as if he ftiould fay, univerfal particular, a Ca- tholick fchifmatick. For Catholick'va. Greek fignifies univerfal: and the Chriftian Church was fo called as conlifting of all nations to whom the Gofpel was to be preached, in contradiftinftion to the Jewifli Church, which confided, for the mod part, of Jews only. Seds may be in a true Church as well as in a falfe, when men follow the dodtrine too much for the teacher's fake !.: .V , if M ■ J,; For hence- can per- il, though t he mutl uwn maiii ed ; while le helievea plicit faith .ngering of or outward th, is fin." ; religion or if contraries lerely there- m the tradi- ird of God. known fe£ls, :hriftendom, and he who icks, theob- one of their the Romifh fy." And, Roman-Ca- the Pope's ular, a Ca- •eek fignifies .s fo called Gofpel was the Jewifli rt, of Jew3 13 in a falfe, Ithe teacher's fake 419 fake, whom they think alinod infallible; and tliis becomes, through infirmity, implicit faith; and the name SeSiary pertains to fuch a difciple. Sectaries. Scbi/m is a rent, or dividon, in the church, when it Schism. comes to the feparating of congregations; and may alfo happen to a true church, as well as to a falfe ; yet in the true needs not tend to the breaking of commu- nion, if they can agree in the right adminiflration of that wherein they communicate, keeping their other opinions to themfelves, not being deftru£live to Faith. The Pharifees and Sadducees were two fe6ls; yet both met-together in their common worfliip of God at Je- rufalem. But here the Papids will angrily demand, what! are Lutherans, Calvinift3,Anabaptifts,Socinians, ArmiViians, no Hereticks ? I anfwer, all thefe may have fome errors, but are no Hereticks. Herefy is in the Difference will and choice profeflldly againft Scripture ; error is Heresy"an i againft the will, in mifunderftanding the Scripture ^"'"^• after all fincere endeavours to underftand it rightly : Hence it was faid well by one of the ancients, *' Err I may, but a Heretick I will not be." It is a human frailty to err, and no man is infallible here on earth. But fo long as all thefe profefs to fet the word of GoJ only before them as the rule of f;\ith and obedience ; and ufe all diligence and fincerity of heart, by reading, by learning, by fiudy, by prayer for Illumination of the Holy Spirit, to underftand the rule and obey it, they have done what man can do : God will afTuredly pardon them, as he did the friends of Job : good and pious men, though much miftaken, as there it appears, in fome points of (lo6lrine. But fome will fay, " with Chriftians it is otherwife, whom God hath promifed by his fpirit to teach all things." True, all things abfolutely ncceflfary to falva- 2 H 3 tiun : I'V I.H ■ml' 4^ -1 •■i\ 4:o if.'-* B*i;' / 1 1 - : i > 1 ■ \i! i ■ ' i ) ; 'i 1 ' 'J| ')1 ^■1 i( '■ ' " .It / iV ■ L i^ . tion : But the hoUeft difpntes among Proteftants, calmly and charitably enquired-into, will be found lefs than fuch. 1 he Lutheran holds Consubstantiation an error indeed, but nut mortal. 1 he Calvinift is taxed with Predestination, and to make God the author of fin; not with any diHionourable thought of God, hut, it may be, over-zcalonfly afferting his abfolute power, not without plea of Scripture. The Anabaptift is accufcd of denying infants their right to baptifm; again they fay, they deny nothing but what the Scrip- ture denies them. The Arian and Socinian are charged to difputc againfl the Trinity : 1 hey affirm to believe the Father, Son, and Holy Ghoft, according to Scrip- ture and the Apoftolick Creed ; as for terms of Trinity, Trini'UnityyCo-essentialilijy Tri-perscnalily,dLX\^ the like, they reje6l them as fchoialtick notions, not to be found in Scripture, which, by a general Proteflant maxim, is plain and perfpicuous abundantly to explain its own meaning in the propereft words, belonging to fo high « matter, and fo necclTary to be known ; a myftery indeed in their fophifiick fubtiiiiies, but in Scripture a plain do(3:rine. Their other opinions are of lefs moment. They difpute the fatisfadion of Chrift, or rather the word " Satisfai9:ion," as- not Scriptural: but they acknowledge hin) both God and their Saviour. The Arminian, lalliy, is condemned for fetting-up free will againfi: free grace; but that imputation he dif- claims in all his writing^, and grounds himfelf largely upon Scripture only. It cannot be denied that the authors, or late revivers, of all thefe fe6ls, or opinions, were learned, worthy, zealous, and religious men, as ap- pears by their lives wrilieni and the fame [may be faidj of their many eminent and learned followers, perfcft and powerful in the Scriptures, holy and uublamcable in ' . iheir 421 their lives; and It cannot be imagined that God would defcrtfuch painful and zealous labourers in his Church, ;ind oft-times great fuffercrs for their cotifcitnce, to damnable errors and a reprobate fenfe, who had fo often implored the afliftance of his Spirit; but rather, having made no man infallible, that he hath pardoned their errors, and accepts their pious endeavours, fin- cerely fearching all things acccording to the rule of Scripture, with fuch guidance and dire(5lion as they can obtain of God by prayer. What Proleftant then, who himfelf maintains the fame principles, and dif- avows all implicit faith, would perfecute, and not rather charitably tolerate, fuch men as thefe, unlefs mean to abjurp the principles of his own religion ? t,C If it be afked, how far they fliould be tolerated ? I anfwer, doubtlefs equally, as being all Proteftants ; that is, on all occafions ready to give account of their faith, either by arguing, [orby]preaching intheirfeveral aflemblies, [or by] publick writing, and the freedom of printing. For, if the French and Poloniap Proteftants enjoy all this liberty among Papifts, much more may a Proleftant juftly expeft it among Proteftants j an(} yet fometimes, here amonp; us, the one perfecutes ^he other upon every flight pretence. But he is wont to fay, he enjoins only things indif- ferent. Let them be fo ftill ; who gave him authority to change their nature by enjoining them? if by his own principles, as is proved, he ought to tolerate controverted points of doArine not flightly grounded on Scripture, much more ought he not to impufe things indifferent without Scripture. In religion no- thing is indifferent ; but, if it come once to be impofed, is either a command or a prohibition, and fo conle- quently an addition to the word of God, which he 2 E 3 profefles mi m t ■j km ■J. -.• hi * i 423 profcfles to difailow. Bcfidcs, how unequal, how un« charitable mud it needs be, to impofe that which his confcience cannot urge him to impofe, upon him wh(>fe confcience forbids him to obey? What can it be but love of contention for things not neceflary to be done, to moled the confcience of his brother, who holds them neceflary to be not done? To conclude, let fuch an out* but call to mind his own principles above- mentioned, and he mud neceflarily grant, that neither can he impofe, nor the other believe or obey, aught in religion, but from the word of God only. More amply to underdand this, may be read the 14th and 1 5th Chapters to the Romans, and the contents of the 14th, fet-forth no doubt but with full authority of the Church of England ; the glofs is this : ** Men may not contemn, or condemn, one the other for things indifferent." And in the 6th article above-mentioned, *' whatfocver is not read in Holy Scripture, nor may be proved the r by, is not to be required of any man as an article of Faith, or neceflary to Salvation." -And certainly what is not fo, is not to be required at all ; as being an addition to the word of God exprefsly forbidden. Thus this long and hot conted, whether Protedants ought to tolerate one another, if men will be but ra- tional and not partial, may be ended without need of more words to conipofc it. The claims Let US now enquire whetlier Popery be tolerable or no. Popery is a double thing to deal with, and claims a twofold power, Eccksiasticali and PolUical, both ufurped, and the one fupporting the other. But Ecclesiastical is ever pretended to Political, The Pope by this mixt faculty pretends right to king- doms and flates, and elpccially to this of England 3 thrones, loptjy. 4?,'5 thrones, and unthrones kings, and al)fulvcs the people from their obedience to them ; fomctimcs intcidids to whole nations the publick worfliipof God, fluilting-up their churches: and was wont to drain-away the grcaleft part of the wealth of this then niiferablc land, as part of his patrimony, to maintain the pride and luxury of his court and prelates : and now, fince, through the infinite mercy and favour of God, we have flmken-offhis Babylonifljyoke, hath not ccafed by his fpies and agents, Bulls, and Emiflarie»,[toendeavour] once to deftroy both kingand parliament} [and]|>crpetuallytofeduce,corrupt, and pervert as many as they can of the people. Whe- ther therefore it be fit or reafonablc, to tolerate men thus principled in religion towards the ftate, I fubmit it to the confideration of all magiftratcs, who are bell able to provide for their own and the publick fafety. As Thr cxer- for tolerating the exercife of their religion, fu[>polliig [>opi!^hwo*'r- their ftate-a6livitie« not to be dangerous, I anfwer, that '''^'^' '*' ''^"*. , lattous, and toleration is either publick or private ; and the exercife tiicrcffire -,.,.. r •••II 1 1 ought not of their religion, as tar as it is idolatrous, can be lole- („ be tole- rated neither way : not publickly, wiihovit grievous '""'* and unfufferable fcandal given to all confcienlions be- holders ; not privately, without great offence to God, declared againll all kind of idolatry, though fecret. Ezek. viii. 7, 8. " And he brought me to the door of the court, and, when I looked, behold a hole in the wall. Then faid he unto nie, fon of man, dig now in the wall: and when I had digged, behold a door; and he faid unto me, tro-in, and behold the wicked abominations that they do here." And ver. 12. "Then faid he unto me, fon of man, haft thou fcen whnt thf ancient* of the houfe of Ifrael do in the dark t" 6cq. And it au- pears by the whole chapter, that God was no lels of- fended with tbele fecret idolatries, than with thofe in 2 E 4 publick J p > 1 'iiii' ■'•!! .. .1 ^^Bh PIS' r'' Pi ■ i' •', 1'" tf ''' WM' *'• ■ ffif.xt" w'il f '■ 42^ publick; nnd no Itfs provoked, than to bring-on and haftcn his judgments on the whole land for thefc alfo. Having (hewn thus, that Popery, as being Idolatrous, is not to be tolerated cither in publick or in private; it nu)(l be now thought how to remove it and hinder the growth thereof J I mean in our natives, and not fo- reigners, |)rivileged by the Law of nations. Are we to punifli them by corporal puniflinicnt, or fines in their clhtes, upon account of their religion ? I fuppoCc it ftands not with the clemency of the gor^el, more than what appertains to the fecurity of the ftate : but, firft, we muft remove their Idolatry, and all the furniture thereof, whether Idols, or the Mafs, wherein they adore their G')d under bread and wine: for the com- TmnRfsund mandnient forbids to adore, not only "any graven a!s cr In- image, but the likenefs of any thing in heaven above, "VlTil"." or in the earth bcne.ith, or in the water under the earth; ')t Idolatry, ' « ou?;ht to [.c thou flialt not bow-down to them, nor worfliip them } pic'rbiicd and re- for I ihe Lord thy God am a jealous God." If they fay, that by removing tluir Idols we violate their con- fcienccs, we have no warrant to regard confcicncc which is not grounded on Scripture: and they theni- felvesconfcfs in their late defences, that they hold not their images iieeeflaiy to falvation, but on^y as they arc enjoined ih-.-rii by tradition. Shall we condtfcend to difputc with them ? The Scripture is pur only principle in religion; and by that only they will not be judged, but will add other prin- ciples of their own, which, forbidden by the word of " God, we cannot alfcnt to. And [in fcveral places of the gofpel] the common niaxini alfo in Logick is, *' againft them who deny principles, we are not to difpute." Let them bound their difputations on the {jcripture only, and an ordinary Proteftant, well-read in th« moved. |||-;,.4^T']|j| 425 >he Bible, may turn and wind their dodlors. They will not go-about to prove their Idolatries by thewor4 of God, but turn to lliit'tii and evafions, and frivolous didindlions : Idols, they fay, are laymen's books, and 4 great means to rtir->up piuus thoughts and devotion in the Icarneded. I fay, they are no means of God's np" pointings but plainly the contrary : let them hear the prophets ; Jcr. x. 8. '* The (lock is a do6lrine of vani- ties." Hab. ii. 18. " What profitelh the graven image that the maker thereof hath graven it : the molten image and a teacher of lies?" But they allcdge in their Jate anfwers, that the laws of Mofcs, given only to the Jews, concern not us under the Gofpel ; and remember not that Idolatry is forbidden rs exprefsly : bui with thcfe wiles and fallacies ** com..afling fea and land, like the Pharifees of old, to make one proftiyte, they Jead-away privily* many fimple and ignorant fouls, men and women, " and make them twofold mure the rull- dren of hell than themfelves," Mat, xxiii. \C-. but the Apoftle hath well warned us, I may h\\ from fuch deceivers as thefcj for their my fiery was the r working. "I befeech yon, brethren," faith he, " mark them which eaufe divifions and offences, contrary to the do6lrine which ye have learned ; and avoid ihcni: for they that are fuch, fervc not our Lord Jcfus Chi id, but their own belly, and by good words and fair fpccches deceive the heart of the fimple," Ilom. xvi. 17, 18. The next means to hinder the growth of Popery, Protestants will be to read duly and diligently the holy fcriptures, diligent ia which, as St. PaulVaith to '1 w-.4hy, (who had known '^^l^^^^ • " HcsUlu xihut the grim Ko'f with privy paw Daily devours tipnrv' In Milton's Elcuy <)» tlic': uthofhis wortliy and learned fr.'cnd, tlieRcv. Mr. Edward ivin^j, written iiitlie year 1CJ8, and intitled Ijycidas. thcni :\:A \% 426 vt them from a child,) " are able to make wife unto falva- tion." And to the whole church of Coloflli ; •* Let the word of Chrift dwell in you plentifully, with all wif- dom," Col. iii. id. The Papal, Antichriftian, church permits not her Laicty to read the Bible in their own tongue; our church on the contrary hath propofed it to all men, and to this end tranflated it into Englifli, with profitable notes on what is inet-with obfcure, though what is moft neceflary to be known be ftill plained ; that all forts and degrees of men, not underftanding the original, may read it in their mother-tongue. Neither let the countryman, the tradesman, the law- yer, the phyfician, the datesman, excufc himfelf by his niwch bufinefs from the fludious reading thereof. Our Saviour faith, Luke x. 41, 42. " Thou art care- ful and troubled about many things', but one thing is neetlful." If they were afked, they would be loth to fet earthly things, werilth, or honour, before the wif- doni of falvation. Yet moft men, in the courfe and pra»3:ice of their lives, are found to do fo ; and, through luivviliingnefs to take the pains of underftand- ing their religion by their own diligent ftudy, would fain be Gived by a deputy. Hance comes Implicit faith, ever learning and never taught, much hearing and fmall proficienee, till want of finidamental knowledge cafily turns to fupcrftition or Popery : therefore the Apoflle admoniflies, Ephcf. iv. 14. " That we henceforth be no more eliildrcn, toflld to and fro and carried-about with evervuindof dedlrine, by the iloight of men, and cunning craflinifs, whereby thoy lie in-wait to de- ceive." Every member of the church, at least of any breeding or capacity, ought to be fo well grounded in fpiritual knowledge, as, if need be, to examine their teachers themlelves, Acts xvii, 11. *' 'I hey fearched the 427 the Scriptures daily, whether thofe thingg were fo. Rev. ii. 2. '* Tliou haft tried them which fay they are apoftles, and are not." How fliould any private Chrif- tian try his teachers, unlefs he be well-grounded him- felf in the rule of Scripture, by which he is taught ? As therefore among Papifts, their ignorance in Scripture chiefly' upholds Popery ; fo among Proteflant people, the frequent and feriuus reading thereof will fooneft puU Popery down. Another means to abate Popery, arises from the conftant reading of Scripture, wherein believers who agree in the main, are cvery-where exhorted to mutual forbearance and charit) one towards the other, though difTenting in fome opinions. It is written that the coat of our Saviour was without feam; whence fome would infer, that there (liould be no diviiion in the Church of Chriil. I( (hould be fo indeed; yet feams in the fame cloth, neither hurt the garment, nor mif- become it; and not only feams, but fchifms will be while men are fallible: but, if they who diflent in matters not effential to belief, while the common adver- fary is in the field, (hall (land jarring and pelting atone another, they will be foon routed and fubdued. The Paprft with open mouth makes much advantage of our fevcral opinions ; not that he is able to confute the worft of them, but that we, by our continual jangle among ourfelves, make them worfe than they are indeed. To favc ourfelves, therefore, and refift the common enemy, it concerns us mainly to agree within ourfelveSt that with joint forces we may not only hold our own, but get ground ; and why (hould we not ? The Gofpcl commands us to tolerate one another, though of vari' ens opinions, and hath promifed a good and happy event thereof; Phil. iii. 15. *' Let us therefore, as many ::^ ■Ia 'ih 'ft: 1,- i/.. 428 fif' r. i>9 'ij •Ji many as be perfc(5l, be thus mindfd ; and if in any thing ye be othcrvvifc mindal, God fliall reveal even this unto you." And we are bid, i ThcfT. v. 21. *' Prove all things, hold-faft that which is good." St. Paul jiulivcd that not onlv to tolerate, but to examine and prove all things, was no danger to our holding faft that which is good. How fljall we prove all things, which includes all opinions at Icaft, founded on Scrip- ture, unlefs we not only tolerate them, but patiently hear then), and ferioufly read them ? If he who thinks himfclf in the truth, profefTts lo have learnt it, not by implicit faith, but by attentive lliuly of the fcriptures, and full perfuafion of heart ; with what equity can he refufc to hear or read him, who demonflratcs to have gained his knowledge by the fame way ? Is it a fair rourfe to aflert truth, by arrogating to himfclf the only freedom of fpecch, and ftoj)ping the mouths of others equally gifted ? This is the direct way to bring-in that papiftical, implicit, faith which we all difclain). They pretend it w uld unftttle the weaker fort ; the fame gronndlcfs fc.ir i^ pretended by lheRomin» clergy. At leaft then, let them have leave to write in Latin, which the comn)on people undcrfland not ; that what they hold may be difcufll-d among the learned only. We fiifTcr llie Idolatrous books of Papifl-i, without this fear, to be fold and read as common as our own : why not nuichraiher of Anabaptifts, Arians, Arminians, and So- cinians ? There is no learned man hut will confcfs he hath much profited by reading conlroverfics, his fcnfei awakened, his judgement (liarpencd, and the truth which he holds, more firmly tllahliflied. If then it be profitiihle f<-r him to read, why fliould it not, at leaft, br tolerable and free for l.is adverfary tow rite? In Logick, they teach, that contraries laid-togcthcr more evidently appear •, N. B. 429 appear; it follows then, that, all controverfy being per- mitted, falfliood will appear the more falfe, aiul truth the more true ; which muft needs conduce much, not ^ »iciou« cuuriic- of only to the confounding of Popery, but to the general !ife«fl^p•sc• /. . ,. . 1- • . 1 men to fill connrmation or unimplicit truili. iuioroi>er7. Ths.' iail means to avoid Popery, is to amend our lives. Ii is a general complaint that this Nation, of late years, is grown more numeroufly and exceflivcly vicious than heretofore; pride, luxury, drunkenneis, whoredom, curfing, fwearing, bold and open atheiim, every-where abounding : where thefo grow, no wonder if Popery alfo grow a-pace. There is no man fo wicked, but fometimes his ronfcience will wring him with thoughts of another world, and the peril of his foul ; the trouble and melancholy which he conceives of true repentance and amendment he endures not, but inclines rather to fome carnal fuperftition, which may pacify and lull his confcience with fome more plcafing doc- N- 1*' trine. None more ready and officious to offer herfelf than the Romifli, and opens wide her oflice, with all her faculties, to receive him ; cafy confedion, eafy abfolution, pardons, indulgences, niaflcs for bin) both quick and dead, Agnus Dei's, reliques, and the like: and he, inftead of " working-out his fulvation with fear and trembling," ftrait thinks in his heart (like another kind of fool than he in tlie pfalms) to brile God as a corrupt Judge; and by his piodtor, fome prieft, or fryer, to buy-out his peace with money, which he cannot with his repentance. For (jod, when men fin oulragioufly, and will not be admoniflied, gives-over chaftizing them, perhaps, by pefiilcncc, fire, fword, or famine, which may all turn to their good, and takes up his fevered puniflmients, hardnefs, befottednci^s, of heart, and idolatry, to their final per- dition. Idolatry brought the Heathen to heinous trans- N.P. cvfl K**? iS m^\ A ;! iB l9r '^4| IK, Wm'. ^^i hjf^K t|a Is V,'. ^P kW'*?'^^ ' _{fS WW'- . v'> "is'. IJ.'JiJ ' til fit' ''|l '■*' 1 '1-i. ii l"V " ■ |i» ■■ K 430 Iranfgredions, Rom. ii. And heinous tranfgrefliorw oft-times bring the flight profeflbrs of true religion, to grofs Idolatry : i ThelT. ii. 1 1, la. " For this caufe God (hall fend them (Irong delufion that they (hould believe a lye, that they all might be damned who be- lieve not the truth, but had pleafure in unrighteoufnefs." And Ifaiah xliv. 18. fpcaking of Idolaters, ** They have not known nor underftood; for he hath fliut their eyes that they cannot fee, and their hearts that they cannot underftand." Let us therefore, ufing this lad means, (lad here fpoken-of, but iirfttobedone,) amend our lives with all fpeed; led through impenitencywe run into that dupidity, which we now feek all means fo wearily to avoid, the word of fuperditions, and the heavied of all God's judgements. Popery. By this tra6l on Toleration it appears that Milton, (though a mod powerful and vehement advocate for both Civil and Religious Liberty), yet thought that Papids, from the hodility of their principles to the members of all other Churches but that of Rome, were not proper objefts of Toleration, under a Protcdant Government. How much more would he have been fhocked, if he had been now living, at the opinion that is now adopted by the new Whigs, as they call them- feivcs, who wifti not only to tolerate them, or permit them to profefs the Popifli Rcli^'on, and make ufe of the mafs, and the Popidi facraments in their places of worfliip, (which is properly Toleralioiiy) but to make them capable of holding judicial offices and acminidering the laws of England in our Courts of Judicature, and of commanding our Navies and Armies. This they call Catholick Emavc'ipation ; but I diouid think it ought rather to be called Catholick Exaltation, THE THE INTEREST OF ENGLAND STATED: A FAITHFUL AND JUST ACCOUNT OF THE AIMS OF ALL PARTIES NOW PRETENDING. DISTINCTLY TREATING OF THE DESIGNEMENTS OF THE ROMAN CATHOLICK. THE ROYALIST. THE PRESBYTERIAN. THE ANABAFriST. THE ARMY. THE LATE PROTECTOR. THE PARLIAMENT. With their Effects in respect of themselves, of one another, and of the Publich, CLEERLY EVIDENCING The unavoydable ruine upon a// from longer contefiii AND Offering an Expedient for the compofure of the re- fpective Differences; to the sec uriiy and advantage^ not ontly of t v('r\' single Interestf but to the 'brinsing folid, lalling, Peace y\\\\o the Nation. PRINTEEV IN THE YEAR 1G59 AND, PROBADLV, ABOUT THE 20th OF JULY. .^: *ii \ i fjls i- 432 THE Interest of England stated. !■•> r To have a, thorough fenfe of our prcfent Sufferings, and a certain knowledge of the inevitable ruine, which our divifions (if not coinpofed) will bring upon the Pub- lick ; as it is a matter of little difficulty in its felf, fo [is it] of very inconfiderable ufe. That which would be more behoveful, were to find -out an Expedient, for the alleviating the ills we now feel, and the prevention of thofe we fear; both of which, having been by ftveral means, during a long tradt of time, in vain Httcmpted, the cafe is now by many given-over, as incurab!.^. But, upon ferious Confideration, it appears, that not the Malignancy of our difeafe has occafion(d thofe mif- carriages, but the ill application of remedies has done it* In particular, that men have not either delired tD know, or to remove, the diftcmpers of the Puh/ick, but laboured to throw-off their Single and immediate preffures, and, to that end, endevourcd to advance the party they adhered-to, and to beat-down all others : whereby it came-about, that Divifions, inftcad of Compofure, have {'till grown wider; and paflioiiaic Hates, inftead of being allayed, have rifen higher, and been more exafperated. But, it being certain, that the real good of the Nation, confifts not in the private benefit of fingle Men, but the advantage of the l\ib!ick ; and that is made-up, not by the Welfare of any one Party, but of all ; 'tis evident, that the only means to procure 1 0'> r.rocure llie geiKral good, innftbe commcnfurate iinlo the whole Coimmiu.i\ j lo;)king upon all pcrfons not" as Heada, or Parti fin >;, of any privale fattioa or Ini'iicft, but as MeiubtTS of the Nation ; and liie prctfulious of (ingle Men, or Pariicj, however numerous, ai. only fo far forth to be iunlued, a the\ advance the other general Intircd. Which bei.ig laid dov/n as t .'.Jmi and certain tn'th, the next confideraition will be, aliat are the Interefli of all the feveral partie.s ol the Nation now on foot, and wiiat the Puhliek is ; tjul fo dilcovery may be made !u)w confiftent the private aims are, both among themlelves, and with the gcneup an Oligarchy, refembling that of the thirty Tyrants in -^/Aewf. Laftly, 'Tis the general Intereft of the Nation to eftablifh the ancient fundamental Laws, upon which every one's propriety and liberty are built, to fettle Beligion, to procure a general Indempnity for all actions paft, to revive their languifhing and almoft dead trade, gain an alliance with our neighbour States; to put the Government in fuch hands, as, befides prefent force, can plead a legal title to it ; into the hands of fuch with whofe private intereft that of the publick not onely confifts, but in which 'tis necefTarily involved ; which likewife does leaft contradi^ the aims of parti- cular 43.1 ciilar parties: Laftly, the hands of fuch^whofe counfel is fit to diredt ia matters of deliberation, and courage fit to vindicate the injuries of the Nation. Having impartially propofed the feveral Interefts that each Party dedgns to it felf, we a)mc now to confider how far they are r.tiainable } or, it attained, how con- fident with the publick benefit *, next, how confident with that of all other parties refpeftively ; and, in 6ne, h(»w produ^ive of the real benefit of themfelves. Firft, as to the Roman-Catholick pretenfions ofThcRomin rcltonng to the Pope hi3 ancient revenue and jurifdic. party. tlon, and the Church all that was alienated in Henry the eighth's time, 'tis no way feizable ; the Pcrquifitet of the See of Romef and the payments to the Pope, being greater than our Contributions fo much com- plained-of} and the impoflihility of refiitution of Church-Lands is plain from what was done in Queen Marie's days, when the greateft zealots for that profef- fion, chofe rather to throw their Beads into the fire, than refign their Conveyances of Abby-land. Then, as to his religion, 'tis vifibly the ruine of all other parties ; Q. iV/arie'f reformation by fire and faggot, with all the terrors of the Inquifition, being infeparable attendants on it. Now, the bulk of the Nation being polTcft of the ufage they (bould have from the Roman-Catholicka if they prevailed, befides all other Antipathies deeply radicated in the minds of far the greateft part of the Na» tion; it is morally impoflible it fhould ever be introduced without a forraign force of fuch ftrength as to make au ' abfolute conqueft; which would involve the whole Nation, and the Papifts themfelves, in one common f uine : The sword not d'>ftmguijb'tng the Cat bolick from the Heretick j and having onely this kindness for its friends y to send them speedily to Heaven, when the otbirs n B. :^ F 2 vjevf i> ^\ M 43(5* The Royal ist Party. the Pres- byterian Tarty. iv«re deftgnedfor Hell * ; and this the Catholicks wcrp fenfibic of in the invafion of b8, afluring the Qut'cn ot a» great fidelity as flic could ex()e£i from any of her Protcftatit SubjcAs. Secondly, the Royalist pretenfion of having the King an abfolute Conqueror, as it would deftroy the Interefts of all parties that have appeared agamd him or his Fa- ther, would infringe the liberties of the Evglijb Sub- je^ls in general, and in fine, opprefs the Cavalier him- felf : bcfides, it is no way attainable by that party, being tncondderablc both in number and warlike prepara- tions to the reft : yet farther, Ihould he fo prevail, the looking-back for reftitution of all damages pad in fo many years, were utterly againft his intereft, and would forfeit the moft abfolute viftory : no power being retained by violence, however acquired thereby. And in thofe terms of difficulty, the fetting-up the primitive Government of the Church, at leaft in its full height, againft fo great a multitude of eager diflenters, accord- ing to probability will not (land. Thirdly, the Presbyttrian aim of fetling-up his Difciplinc, has the former inconveniences, with the addition of fome others ; for, befidcs that its rife muft be the overthrow of all other parties, which are more confiderablc in the Nation then themfelves ; that rigid Government no ways complies with the genius of the Nation, nor the frame of our Municipal Laws: which the late King was well aware of, when he conceded to the fetling of it up for three years, being fully fatisfied how eife^lual an argument the experience of that (hort time would be to perfwade the Nation to endure fo • 'i'he very words of a Spanish Frier, when demanded what they would do with the English Catholicks \u 1588. ' A, galling 437 galling and heavy a yoak no 'onger. As to the point of Indempnity, that is fccured futfjclently in the pre- ceeding paragraph j for, if the Cavaliers, who are the great fuflercrs, muft have no reparations (as I am con- fident they expi:6l none) there is no other party elfe to tt r the making any : and, as the Cafe now (lands in the ' Church, the late dilcouragcmcnts for learning have left fo fmall a (lore of performs fit for fclcciefiaftical em- ployments, that Livings will want Scholars of what party focvcr, and be fcarce fupplied ; and not Scholars be deftitute of Livings. Fourthly, the preteafions of the 5tfp/iitfi-C/6ttrtf/i« The Bap- have no lefs inconvenience attending them: as Hrd, Churchei. importing the ruin of all oilier profeflions of religion ; the adherents to which arp evidently not onely the moft numerous, but infinitely the mod fubflantial part of the Nation : then, if attained, they cannot poflibly fubfift, it being a Maxime in policyj, that Religion is the Ce- mtnt of Government^ without a publick profefTion of which, and the maintenance of Learning and Miniftry, N. B. Athcifme and diforder muft needs break-in. Withal, they having no temporal Government, either in a fingle pcrfon, or community, to which even themfelves would unanimoufly fubniit, they cannot incorporate into a civil focicty, of any kind. Laftly, the praftifes in Germany by the Anabaptijls there ; their crueltVi and all manner of diforder; their taking-avvay all property of Eftates, founding it in Grace and Sainifliip, with the hard treatment which the Papi/ls in Irelam^ have found, and the Presbyterian Scots in the North part of the fame kingdome have lately received from that party, make all other parties in^nitely diflatisfied in their acquiring any power over them, fifthly, as to the Armit^s governing the Nation } I The Army 2 F 3 ihall -y. 438 V i\ f ' 'OntheTth of May, lO&tf. The Pro- teciurian Puny. • Richard Cromwell ^all not infii> on the inconfiderablenefa of their num- ber, or the intolerahlenefs of being ruled by the fworfl, &c. 1'here needs no more be faid, but that, a tew weeks fincc, they fo plainly faw the inipoflibility of it, that they were CDutent to put the power • into the hands of thofi* pcrfuns whom they had moil highlydilohligedof all men, and whofe jntercfl vifibly it was (and alwayes will be) to pull them dow n } not knowing othcrwife how to difpofe either of themfclves, or the po\\er they had taken From the Proiedor, and the former Parliament ; nay, they are now content to have their officers thrown-out afler an arbitrary manner, and thofc that remain, forced to take ComroifTions from their new Maflers, and old enemies ; which arc to laft but for a few moneths, and poffibly be taken-away before many days pafs-ovcr. In the mean time aw'd with the e^icluHon from indemp* nity, as alfo with the raifing County-Troops, and new MUitia*s, which (what ever is pretended) arc defigned ondy to check and curb them : likewife, their Arrears fo pitifully fatisfied, that they feem rather a jeer then payment ; and yet they chufc to fubmit to all this, rather then venture the confufion of afluming the power into their own hands. 6. The pretenfioni of the Pro/r^oria« Intercft, are tiow fo lowe, fo odious ; and, what is worfe then that, ridiculous to the Nation, the feveral Members of the Family having been falfe to one another, and their bed friends, and the late heir * having in his perfon betrayed fo much folly and cowardize, (two Ingredients which will deftroy any Government j) 'twould be impertinent to (hew that it cannot be acquired, or, if podibiy returned, could not be fettled ; and of the unattaina- blenefle of their defign, the old Protestor himfelf would b^ further evidence^ wbofe fucceiTes and repute in the World 439 World gave him advantages far before ihofe any I'f hii Line can hope to have ; and yet we fee, he could never get that title he fo much thirUed-for ) and, if he had gained it (which it is credibly reported, he defigned upon that very day he dyed) 'tis viiible to prudent men, how fatal it would have been, even to him : But laftly, how far it would be from the Intereft of the Nation, to efpoufe fuch a quarrell, as the maintenance of that Family, with their lives and fortunes; let them be Judges, who in their AddreiTes folcmnly promifed to do fo, and, within few weeks after, utterly deferted it. 7. The remnant Parliamentary IntereU, is of like The Paitv nature ; that rifes meerly by the Armie's favour, and ^onwealth* can ftand only on its Ruinc,and the Nation's. Its plea of Pw'»a«*»ent' right is fo thin, that a fober perfon would be afhamed to own it} they being (topalTe by other failances)long agoe, legally diflblved in the death of the King; after, apparent- ly at leaftj [having been] made unfree by the fccluHon of their Members : and laftly, adiually difTolved by the late Protestor ; which was acknowledged by as many Members againft themfelves as fate in the intermediate Parliaments; efpccially in the laft, which was called That of the upon the old national account, and had the authority Richard of the A6t for a triennial Parliament to ground their ^'"'"*''^' convention. And now, to compleat the Tyranny and Ufurpation, this carcafe * of a Parliament, dead many years • It appearsby this passage that this Common-wcalth-Parlia- inent, (consisting of a remnant of the famous long Parliament that met at Westminster on the Sd of November, 1()40, and conducted the Civil War with King Charles the First,) was at this time (July 20, oral, lO.'iO.) spoken-of with great slight and contempt on account of the small number of persons of which it was composed, after the forcible seclusion of a great majority of its members in December, 1648, by the army, to make way 2 F 4 for .,<■ • 1 4iO ■ ::■ 'i i I S 1, ' <-tars ago, being conjnred-up from its allies ancf fcttcnnt'ls, by the omnipotence of the .'\rmy,conlinnes the old fethjfion (till, and fills not ii|) the vacant placfs : nay, is fo far from fiirmg-iip, that its primary aim is to ovcrtiuow the ccnftilnlion ofParliamenis ; and, 'Uoiigh it pretend.^ to poi)ulari»v, dares not refer illelt to the free vot'.s f)ft;hc> people. Nor may they Ivpe to Tool i he- Nation with promifeso' not out-fit nij a ji'cfixt "me, or widi their 7? 'ntions Ami Fcviuilical }]/eii,uvs, whir' are no way '.M-ruiidcd on lh« i.copK''^ ctiovce, :ind, hcfidfs, lav iio foundation of SfM'fuient, as bcinr: 'li'-raf^'i ahU ; nnc], what is more. 'Jicii fettled, mav be varied, both by th.cir prefent t.'ontriver?, and by thofe future perfons that (hall beebofen ; nnd hiftiv, by ll: ■ \rmy, without xrhofe licence notiuni;, is valid, or offouc. In fliort, its pretenftons are far more dc(lru<^>ive to the Nation, then even the Prnleclorian arc, it hi in'!.", be t^r to fubrnit to the luft, and (erve the ends, of one Family I.)!- the trial ami execution of Kiiu Cliaiics tlic Fi'st. Ail on the lltli of the month of Fciiiiiarv, in tl.e foU.wiii^ JfiH', 1().j9 Go, upon the icconnlialioii of Ccncral MonI< ami his army with tl'.c May<'r, Aldermen, and Comrnon-Couutil of the lity of London, (after havini; executed some severe orders given liim by the Parlian.cnt against thcii ri:{iiisand |)iivi leges, which had highly incensed them, ' they leccivcd tiic name of the Kuvip Purlidiiioil, by which tlicy are often called by liistoiians. I)r, Skinner, in his [.ife of General Monk, (whiili contains a very fxact account of the several steps taken by him to bring-about the Restoration of King Charles the Second,) informs u» of this circumstance in these words, •' But, before this, tiie appien* tires and common people, in deti-station of the .luiicto, (to whont they had given this night the lasting name of the Rump FarUiiMcnt,) had set all the bells in the city on ringing, and kin. died bonfires in every sticet, nhkh continued till morn ng, and this Saturday night, February 1 1, was called TAc roasfiiig of the liwri/)." Chapter xviii, Section ix. j . » then 4H then of twelve, or tliirtv, or wliatever number the Oligarchy fixes. lis ruufilitncc dcpciuhug mtcrly up. ;. this Army, wh'k vifiblc intinlt it is lu dillulve them, b \ cannot ijodibly briiig-about thtirends ; for flioiiiii mty lake-clov, n ihib, and niodell a new Army, the In lei eft of that would be Uu fame, though the iji;n were chang< d ; and tii- nnitiial mine of each other umit ftilj continue neceflary ior the iupport of either. j -,(.r ; - v. From which preniifes we may conclude ; that the prctenfions of no party now on foot in the Nation are altahiciblc: or, i: aitain'd, are ctmritlciit with the good of other parties, or of the Nation; or, in fine, with th;:ir own ; and from hence likewife, one would be apt to conciiide, thai the ruin of the publick is inevitable j there being no lioor of hope left open to receive, no method vilible to unite, fo diltant and meompatiblc ends. Bur, not-wiihfUnding all this, 'lis not inipoflible, no nor hard, to iind an Expedient that ihall evacuate all thete lufficuhies : no( only eltablifh the general Concernment, but (cxorbiiant paflion only retrencht) fatisfy the rea!l Inieretl of every party, nay, fingle perfun, in the Nation. Now to the cheerful reception of fuch an overture, I fup'^ole there is no need to perfwade, nor more tor to admoniilt, that words and name^, however rendered odious, are not to fright us from ;)ur certam benefit and deareil Intereft. All that is demanded here, is, that, if, upon ferious confideration, the propulal be found reaionable, men woidd be fo kind to themfelves as to receive it. The Aflertion I douot not to make mod plain and evident, and therefore fliail as plainly pronounce it. 'Tis this, The ca/ling'hi the King, is J^*J|f„''^J',, flif the absent U-1 ■h "J''i- ' If I ^f H s with the Intereil of all private parties, as anon (liall be particularly niade manifeil. Moreover, the Government will be put into the handb of a perfon fo fit for tmploymcnt as no one Afivoura- living the like : his education through ail hard(hips of '^''^ } 1 wf 444 have made {rial of all other fornis of Government, and of hji in another Line, all in vain :" Firft, of an Arislo- cracyy while the Toufc of Peers furvived ; then o! a Democran/, in the Houfe of Commons hy illch': After, of u Monarch}'^ in the old I'rolcdor and his Son ; and now of an Ol'ignrcbtjy iit liic jrefent ufurpcrsat JVv^tminstcr: fo that there is nothing- now left us, hut either Anar- chy or his Ikftitulion. Befides this, " that the ancient jicral (U«irc regal Government is the defirc ol the whole body of tion tVat^ the Nation," beeonies plain from hence, that all late •Jic Kmn; Parliaments, however unen'.iallv ehofen, have (or ;rstoit(j. were (ulpeCted to have) defigned the n.du6tion of it ; and that this is the i refeni fenfe ol almoft every man, is fo notorious, that the late Petition * of Julj 6, addrefs'd by the men of JVtJlmwjlir to themfclves, and for which they give thcmfelves folemn thanks, knows not how to dillenible it, but confeflls in plain terms, That I be Interest of the lute King's Son is crj/ed-up and promoted daily ^ upon pretence that there will be nothing hut conj'ujiun and tyranny until he come to govern j and liiut suck as declare/or a Common'Wealth are for Anar- chy and Confusion, and can never agree among them- selves tubal they would have. Of the be- I (hall rot farther inlarge uj)on this head, but pro- would arise cecd lo wliat rcmauis jetore me j to jultifie the Neeel- ra/i'artie"' ^''X of bringing-in the King, in reference to the private inthoNa- concerns of every partv in the Nation : and tion from . . • thcRcstora- 1. 'Tis the intcrell of the Roman-Catbidicks ; for by fion ofihe , , , 1 • ../I ' Rinj. that means tlie heavv payments now on their Lftatcs, with other burthens, will be taken-ofl'; and as to the prefTurcs of Penal Laws, they ci aiot but remember V'f • That thein-sclvcs pcnn'd that Petition, na<' at fuat cn&ilv rorijictuicd, but i^ nuw cerltiiiil} known. how 443 how far from grievous thev were in the laJe Kiiig'i lime, the Catliolicks living here, noUviihflanilitig them, in a more fln'^rifhing condition than tiuif;.- of Francey Italvy or SlJcln did, under their refpe6tivc l*rincc3 ; and would do infinitely more undi*r their natural King, than if any forraigncr fhoidd acquire the power by conqueft : JSefidc-?, ihcy, gouiullv having ac'hered to the late King in his War^^, have no reafon to dlftruft the finding favourable treatment from his Son, and a due fliareof that indulgence which he is ready to afford to even his greateft Enemies. 2. The Roy a /is f and Eriglish l'roteflant,bcfidesthat his principles oblige hinj cheerfully to pav his obedience where it is due, and to look no further, is likewifc; by his Intereft eoncern'd to be content with fuch a rcftitution of the King as allows no private reparations for paft fuflcrings ; they thereby acquiring full pofleflion of what remains ; and the fettlement of ihc Nation would make the fmalleft eftate more advantajiious than the greateft would be, if acquired bv violence ; which una- voydably would defeat all terms of imion, and involve the Nation in new Wars: Solikcwife, if the neceflary parts of their way of Worfliip be fecurcd, (which no party would envy them, being in a manner gratified as much themfelves) circumllaniials, other things, would be eafily fettled by a fair and amicable treaty. '^. It is the PresbytcriaiCs interell this; as being the only way to prefervc himfelf from mine at the hands of thofe leffer parties that have grown-up under him ; who, utterly oppofe ali Government in the Church, the being and the fupports of the Minillerial fun6lion, and the encouragement of the party in the State. The (peeulative differences and contefts with the Epifcopal Divines, are, in the opinion of moderate men A. Jpv '- iB 5^-ll 'df .: m ■ '^& ' ' % i!f|'', ;E', ;.\ '!* v» ',1 , ,^;m in ct' ar rel'pctt tor vccl of him : whentniploy- [lance, which, o the point in fervicc, upon laviour, in the lear Dunkirk^ er Services of give fiK h an llanlry, as was rers, who lik'J commended, r honour, that ^oot ; and was And indeed y, who fo pro- nd, to eftablirti pence for the iem]unto new ,'\vaslufpicioii, bmitted to his ol whom this given, that he id fU) clofe all) ill l^arliament, id advantage of own Integrity -en in defpight ligheft endear- inent perfonal Valour, 449 Valour, which foveral of themfelves are witnelfcs of, efpccially at IForciJUr and Mar.-ilhe^ and, if they ploafed, might be in more and fairer inftanccs: Laftiv, a Prince, who is ibc only vifible Expedient upon earth, to render at oncf, both them and their pofteritv, and the wholt Nation, happy. Were this dirce^eii to the French or S[)nnijh Infantry, (ihofe venal Souls, that undcrlhrnd ' ' nothing bcruie"» pav and plunder ;) thefe arjiumrnts froni roafon national Interell and honour, wciuU pofli- • blybe loft: Rut to the E//(f///?> Army, (that ftill has owned a piblitk Spiiit, where every common man knows how to direft as well as to obey, and to judge no lefTe then to execute,) to have propofed the Truth, ihuft be enough: nor will they fail to fix their thouclus upon it, or ftcer ihcnifelvcs as prudence fliall inftru6t. Laftly, as to the Intcreft of the ProteiHor's party, and the Parliament, they are concerned to call-in the King. For, it being impoflible for them to make good their aims, it muft be wifdome to fecure themfelves and their (dates, and take part in that Oblivion and amnedy, which he is ready to give, as alfo in thofc rewards, which, whoever ferve him in any kind, (efpecially in being inftru'iiehtal to hisrellitutioii) will be fure to have. Now to all this, I can forefec but one material ob- jeAi'^rt; which is, that the feveral forcnientioncd parties Of the cannot be fecurtd, that the admiffion of the King will te°rui'ne!i"l'y not be infidious and enfnarina: to them ; atid that, what- ^^^^ P"' "^ sons con- ever engageuicnts he now makes, when he (hall come ccrnmi; the *" L , -ii • ti 1 1 1 /• • I 1 1 faithful pef- to power, hevl'ill, in hkely-hood, relcnul and cancel. fo,manceot To which I breifly anfwer, that this is no real objec-';;;^^*';'^"'^" tion at all : for fome body or other muft be trurted ftlll, wiuch the a'j^L'iu king there being no living in the world without mutual con- should give fidence j and whoever is invefted with power, may do ^no^Tci'^io injurioufly, in defpight of any forefight.- Besides, '^''*"""** atnongft all thefe parties, where each is exafperated ^^•' 2 G agauift '':\ ■■^^.;i if,- fi ■< I m^ 450 N B U. NB. Of the per- fidy and l^ypocrisy of the Uie Protector, Oliver Cromwell. There ire just grounds for thinking that the king will Ciithfuliy observe such condi> tlons. agaiuft the other, there will be the same, or greater^ caufe of jealoufie, if any of th^nn were fufTered to prevail. i\nd 'twould be worth tht: thinking of, whether it were not a manifeft Judgement of God upon us, that broke the treaty with the late King, upon fu^eftions, that it was not fafe to truft him, and chofe to rely upon the faith of one of our fellow- fubjefis ; That he fliould prove the mod perfidious perfon in the World, to all that truftevl him ; to the Parlintnent, the Army, the Nation, and even his private friends and allyesj info* much, that no hiftory of any age or people, can yield a parallel to him for falfene0e, perjury, hypocrilie, and breach of faith j and, if this look like )udgement, 'twill then be worth the weighing, whether it become us to go-on in our unfortunate, infidel, pra£iife ftill ? In cafes of this kind, there are but two ways of aifurancc ; I mean fo perfectly uncontroulable as to be valid, if either of them both be prefent. The one is the Honcdy of the perfon that engages; the other is his Intereft: and here, nQt one of thefe alone is prefent, but both concur; which certainly mult make«up a fecurity [that will bej beyond all doubt orqueftion. As to the Honcfty of the King, no malice has the impudence to blaft it ; his Moderation, Sobriety, and Juftice, being as well known as his misfortunes are. Next, as to Intercft, it vifibly concerns him to bepundual in his engagements; Fird, to ofler pardon to all that (land in need of it, and then inoft faithfully to make it good in each particular: loflc of Credit infallibly breaking the Merchant and private dealer, but ruining more irreparably the publick, na- tional, one; when, on the other fide, precife, exad, performance flrangely fupportsboth one and the other. Of the benefit hereof, I (hall give an eminent inftance of late memory in his own family, and therefore of which wc cgapot fi^ppofe him to t^ ignorant. It is hii Grand' 451 or greater, ;d to prevail, whether it pon ui, that fuggeftions, to rely upon nat he fliould World, to all le Army, the 1 allyes} info- c, can yield a ypocrifie, and gcmenl, 'twill become us to life mil? In H of affurancc j to be valid, if 5 18 theHoncfty islntereft-.and it both concur*, [that will be] [Honcfty of the |to blaft it *, his as well known ilercft, it vifibly jements i Firft, of it, and then •articular: loffe int and private le publick, na- precife, exaft, and the other, inent inftance id therefore of tranU Itishif Grand- Ciowit Grandfather, king //t-wry the fourth, oi France, who, of iiu- wii» after long Wars, coming to his right, befides his relief "",'„J||'J,''^,f' from 0. Eiizabtlb. by no other humane aid, but the re- ■''"« '''^^"'y Icnting imd lute wifdumeof hisown people ; and, being France to- ... I , . . , wauls ihr iorc tl to make a peace, by many particular treaties, p;;f,y ,hat ftill waa cxa6t in keeping them : and received into his 1''"'''^'''^."^ r O ' Ills SUCCCI- entire fiwour, and folid fricnddiip, all thofe who had sion tctl.f fought againft him; and govcrn'U his moll imijortaut afl'airs, bntii Civil and Military, by the counftl and conduct of his fometimes Enemies j fuch as were nor onely the Duke of Nevers, yilleroyy and I'refiJeriL Jeanniti, but even the head of the League, the Duke oi Maine himfelf; to whom he committed the con- duit of all the force of Francet (though then perfonally prefent) when the prince of P ma came to relieve Amiens \ and after, to make go. J his own promife of Indempnity, prntedled him, being qucdioned for the Murther of Henry the third, by interpofing his own fupremc power, when the chambers of Parliament were ready to condemn him ; though thereby he was fure to undergoe the imputation of refcuing fo great a Malefactor, againft the clamours of the people, the regular procefs of the Law, the pafTionate demands of a difconfolate Widow-Queen, and his own particular neernclTes of the higheft mark, his relation to him both in Blood and in Succeffion. Yet, by doing this, he not onely fettled himfelf, but attained that gr^atpefs which no other method could have contrived for bim. And why we (hoiild think the King refolv'd not to confult as well for himfelf, as his Grandfather did, I fuppofe it will puzzle the wifelt patrons of diftruft, to give the Icaft pretence, or (hew, of reafon; as alfo it would do, •vhy we (hould not take pattern by that part of the Story which as ncerly concerns us ; for, they being "xaAly in the fame cafe we now are in, crumbled into 5» G a ^r » « i.> 1. 'ill ^, IMAGE EVALUATION TEST TARGET (MT-3) // {./ k y.i< ^ .St ^A^ i< A /.. ^ % 1.0 1.1 iSilZi 121 m lU u 14.0 11-25 III 1.4 ■ 2.0 1.6 / "■^ Hiotographic ^Sciences Corporation 23 WIST MAIN STRUT WIBSTM.N.Y. USM (714)173-4303 ^^% ** F.<^ 45^ as many divifions and fubdivifions, as fo great variety* of Intered and Religion in that long Civil war could make ; bearing an inveterate, mortal, hatred each to other, and alnioft all of them to the King j yet, feeing the ruine approaching both from ihcmfelves and ftrang- ers, the whole French Nation did fubmit to its Prince again, at whofe throat their fword had fo often pointed, and whom they had for fo many years devoted to hell as well as death, under the title of Heretick and Apoftatej and, by fo doing, they became fuddenly the mold flourifli- ifig and the moll potent people oi Europe. But, befides this, the King has yet a farther motive to offer Grace to all that will accept it, and religioufly to make it good, that is peculiar to himfclf, and of proportionate value with him } the command and llrift injun6lion of his dying Father, wliofe memory he too n)uch eftcems, not to lulfill that legacy and lad bequeft of his, were there no other motive to pcrfwade him. His fcrupuloufnefs in this particular is known to be fuch, as to become a charge againft him, and that with more than ordinary vehemence, from the hot fpurs of the two extreme parties he has had occafion to deal with, the CatboUck and the Preslyterian. The injundlion I mean is noto- rious to every perfon, making- up a great part of the MifTive directed to the now prefent King, under the ftyle of Prince of Wales ; I cannot forbear*to infert a few lines, as they fell from the pen of the incomparable Author. They run thus : / have offered A&s of Indempnity arid Oblivion in so great a latitude as may include all that can hut 5uspe3 themselves to be any way obnoxious to the Laws, and which might serve to exclude all future jealousies and insecurities. I would have you alwayes propense fo the same way j whenever it shall be desired and accepted, let it he granted/ 453 granted, not onely as an a6l of State-policy and neces- siti/, but of Christian charity andchoyce^ It is all I have now left me, a power to forgive those that have deprived me of all } and I thank God 1 have a heart to do it, and joy as much in this grace which God has given me, as in all my farmer enjoyments ; for this is a greater argument of God's love to me, than any prosperity can he. " ' ' ■ • • ^ ' ** ■' Be confident, as lam, that the most {of all sides) who have done amiss, have done so, not out of malice, hut misinformation, or misapprehension of things. None will he more loyal and faithful to me and you, than those SubjeSls who, sensible of their errors and our injuries, will feel in their own souls most vehement motives to repentance, and earnest desires to make some reparations for their former defers *. But, if all this be not enough to fuperfede fufpicioii find doubt, let me yet add a farther teftimony. The King admits at this day to his bofome and ncereft truft, feveral perfons, that have been engaged againft his father, and fome of them in aftions moft fatal to his affairs ; an infallible affurance, that it is only the fault of the reft, that they are not there too. More then this, concerning a future performance, to affure it, can not be faid or done, except it (hould pleafe God to work Miracles ; which, I hope, nobody does now expert. The (hort of all is. Without trufting fome one or other, the Nation is certainly deftroyed : and no perfoii in the world, befides the King, is in a capacity to avert the impendent ruin, or can give the like fecurity of himfelf, as he can do. I will not now prefcribe unto the reader's underftanding, in didating an inference ; * The King's Book, sect. 27. 2 G 3 but •■*'1 ltii«i 5^1 ■.**■' (^ wv i* !*.:»■<; t i n JilAiii 454 bill, from the Premifps, defire him at his leifure to draw- out the conclufion. Having thus without paffion, partiality, or prejudice, cndevoured clearly, to laiy-down the exaft cafe of the Nation, both in rcfpeft of its difcafe and cure ; 'twill be fuperfluous to add pcrfwafivcs : for men do not ufu to be importuned to leave their torment or difeafe, or want rheloriqal Enduccments, after the pleadings of Intercrt and Profit. I forbear therefore to addrelTc myfelf unto Afleflion, and to beg that thing, which vifibly it concerns them that are courted, to render their importunate requed and fuit : Nor will I enlarge upon the motives yet untoucht, drawn from Religion, and the refpcfts of Proicftations, Covenants, and Oaths ;^ as alto native Allegiance ', or (what i^ infinitely confider-- able,) motives taken from the ftate of publick affairs abroad ; our qeighbour Nations being now at peace among thenifelveSj and looking-out for forraign warji thereby to employ their ufeleflTe forces ; pretence, and colour, and defire too, for the undertaking of which, we have given to every one about us, in our late attempts on them i and [our prcfent unfcttlcd Oate] likewife yeelds [them] aflurance, that they (hall fucceed by our difagrccment here among our felves. Let all this be fe. riouQy weigh'd : I am factor for no Intereft or Party, iior feek ihc t^anksj or favour, of any perfon, but rather expert the fate of Reconcilers, U to djfpleafe every body." But let that fucceed as it (hall happen : the injury that I have done cannot certainly be efteemed great} all that is faid, amounting but to this very reafonable defire, " that iny fellow-fubje^s will remember thefe two plain truths, Brfk, ** that they are Englishmiin" and fo confider the eood of the Nation } and then, *' that they ar$ men^' and fo purfue their own. >i lire to draw- 45J» SUBSTANCE OF THE SPEECH i':^. ''':• ■;,;;>■.,=. or THt EARL OF SELKIRK^ On Mondpy, the t3th of April, I807, on the Morion of the Marquisof Stafford, That the House should come to a Resolution, « That ** :hit House, feeling the ileccssity of a firm and stable Government *' at this most important crisis of publick affairs, is ImprMied witfi '* the deepest regret at the change which has taken place in hi* <* Majesty's Councils, and that such regret is greatly increosed by <^ the cause to which such change has been ascribed, it being the ** opinion of this House, that it is contrary to the first duties of the ** Ministers of the Crown to restrain themselves by any pledgt, *< expressed or implied, from giving to his Majesty any advice, <' which, in their judgement, the course of circumstances may if render necessary for the honour and security of hit dominions." m^. Ifii Thc %bt] of Sblki RK declared, that the propofltioiA contained in the Refolution moved by the noble Mar- quis had, in 'he abftraft, his unqualified affent. He had no dobt of the principle, that a privy Counfellor^ who ihould reftrain himfelf by a pledge, from adviiing His Majcfty to the beft of his judgement, would be guilty of a high breach of duty . He was alfb fatisfied, that the late Adntiniftration poifeffed and defenrecl ^he confidence of the country. He did not mean to linpij tn unreferved approbation of all their proceedings ; but he did not exp^sd to fee an Admiiliftrationof more than human f.,<^fe6tion. The fair eriterioti, by which to judgethe late Adminiflration was to compare their con* l)ud with thm of others ; and in this view he was ready 2 64 to N 456 to maintain, that confidering the (liort duration of their power, they had accompliflitd, or put into a fair train ofacconiplifhnient, niort' important nieafuresof pnblick good, and that with kfs of repreheiifible conduct, thai> perhaps any Adminiftiation within our memory. He wasalfo of opinion, that in the prcfent ftaleof Europe, the lofs of a firm and ftable Adminiftration was an event deeply to be cjeplored. The queftion before the Houfe, however, was not whether thefe principles were true, but whether it was .proper, under all the c-ircuniftances of the cafe, for the Houfe to record an opinion on the fubjeft. The plain objet confide ; and, were there no other reafon^ a diminution of Confidence is a fufficient ground for a cjiange in His Majeily's coiincils. If, upon fuch a change, improper perfons are fubftituted, it become? the duty, as it i§ the right, of Parliament to (late theiir opinion of the iinfitnefii of the perfons appointed : but it is on thefe grounds of e)(f edicncy only, that they can jeconjmemi one fet of men, or reprobate another. It can never be maintained, that the King is accountable 1^0 Parliament, for his conduct in changing his Advisers. . , Such /f^ te' 457 Such a doctrine would f ip the foundations of the Cori ^ (lititiion. If the nioiivrs Itir a clianuein His Majcfly't Councils bt a fit fiibjeCri fur PaiHai.ivntaiy invcftigation, as well might the two Huufes piocttd lo the eleiJtion of ^ ^ jiniiniftry by a ballot. 1 Except upon the principle here contended-for, it would be impofllible to prevent difcuflions, v^liich are admit- ted on all hands to be utterly unfit for Pariianitiit j — difcuflions upon the perfonal condudl of the King, aiid on points at iflue between him and his Minifters. To illuftrate this, let it be fuppofed, that the oppofite piinci- ple were eAablifhed, " that the motives for a change of Minifters are a fit fubjeft of Parliamentary inquiry ;'' and then let an extreme cafe be put : — let it be fuppofed, that a Miniiler (hould in council offer a grofs perfonal jnfult to His Majefty, fuch as would be an unpardonable offence from one individual to another, would there be ^ doubt that fuch a Miniiler, (be his talents and his virtues what they may,) might be properly difmiffed ?- Now let the fup|>ofition be varied : inftead of a grofs infult, let usluppofean offence lefs unpardonable. The ] . fuppofition admits of every poffitjle gradation between the groffeft infult, and the moll venial mattention. Between the two extremes, cafes may undoubtedly be imagined, in which it would be a matter of the utinofl: nicety to determine, whether the offence were, or were not, a fufficient ground for difmifling a Miniiler. If fuch queftions as ihefe are to be determined by Parlia- ment, where is an end of the improprieties into whicU it would lead ? and how are fuch queftions to be avoid- ed, if the motives of His Majelly for difmifling His ^ Mini tiers are to be held a fit fubjedt of inquiry ? When a change of Administration takes place, on the ground of ajny great pyiblirk meafure, the propriety of the 1:^;. ■.•: m 458 he chinge becomes a fit fubje^lof en(]uiry, as involved in the difcuflion of the meafure which led to it. The prefent is not a cafe of that kind, bui one of ihofe in which there is no criterion to be referred-to, except the feelings in His Majefty's bread, excited by the perfonal behaviour of his Minifters towards him. The meafure, from which all this difcuflion originate fed, having been abandoned by Minifters, is not the eflential ground of difference, and therefore it is not at |ill to the purpofe to enter into the merits of that mea- fure. The whole queflion relates to the manner ir^ which the meafure was brought- forward.— As to the idea of the late Minifters having had an intention to circumvent the King, I cannot fee the leaft ground for fuch an accufation : but it is not equally eafy to acquit them of very blameable careleflfnefs, and of the want pf a becoming attetition to His Majefty.— The very exidence of mifappreheniion on fo important a poin^ would entitle us to prefume careleflfnefs } and the flate- ments made to both Houfes of Parliament, by member* of the late Adminiflration, fully prove the fad. I cannot agree with fome noble Lords, who coniider His Majefly's determination on the Catholick quefiion a.9 immutable : yet, when his opinion had been fo of^en and fo (Irongly expreflfed, the King had certainly s^ right to exped that a change in his opinion (hould not be lightly prefumed, without a very full and diftin£t explanation. It appears, however, that Minifters did imagine a change in His Majefly's opinion} upon th^ xnofl vague inferences, and proceeded to aft upon that fuppofition with a levity, that would fcarcely have beeif becoming on a fubjed of the moft trifling confequeilce* This conduct may fairly be confidered as an A&. of per- fonal inattention to tb« Kingi requiring ibi apology; and 459 dnd when an apology might have been expe^ed. His Majefty received what, without any difpofition to exaggeration, may be conftrued into a defiance. When the late Miniilers fubjoined to the Minute of council, in which they agreed to withdraw the Catholick army bill, the refervations which have been the occafion of fo much comment, it may be graiited to them, that they had no dilrefpe^lful intention : yet, iftheydidnot take fufficient care to explain themfelves, they have no right to complain that their expreilions were mifunder- stood. The King had faid nothing which appeared to call for thefe refervations. The a£t, to which they were annexed, did not imply the admiflion of any principle to the contrary. The noble and learned Lord, lately on the woolfack^ has himfelf dated, that the deference of Miniilers to the king in the prefent circumftances did not imply that they mull (hew the fame deference in others of more extreme urgency. If circumllances (hould hereafter have arifen^ fuch as tO render the Catholick concellions a meafure of indifpens- able necefllty, without which the affairs of the nation could not be carried-on, it would have become the duty of Miniilers to ilate it to his Majelly^ as a meafure without which they could no longer remain in office ; and it is altogether ridiculous to fuppofe that they would have been precluded from this condu£l^ becaufe they had on a former occafion relinquilhed afimilar mcMare, at a time when it was to be confidered as expedient md ufeful, but not of vital importance and abfolute necefBty. The infertion therefore of thefe unnecelTary refervations might fairly be confidered as a threat to renew th« (ubjeft under circtimftances of no greater necefiity than th« prefpnt. This interpretation is confirmed by the ex^cfrioo> t]>attbs advicQ alluded-to ^s^ to be fubmit-^ N.D. M"'' .< ■l'^ I n ,1 , Had .*. -4 a- ^k ■ . If ■ , ■''it?:."- w m 1^ Ul , . ,1 1^3 if:'j i S'lM f' KB. 460 ed /row /mf /o fime — an exprj-fTioii which cannot fafily be limiti'd to thofe cafes of inipending deUrndtion, la which it is now conllnied as applying. ■ Whatever might be the meaning affixed by the Council to thcfe exprellions, it is certainly no extrava- gant fiippofition to imagine that the King may have confidered them as a difrcfpc6lful defiance, and as fnclv a fufficient p pound for the immediate difmiflal of his Miniflers. This, however, he did not refolve upon, but conveyed to them an expieflion of his wilhngnefs to overlook the conduct, of which he had a right to complain, provided he could be alTured that he (hould not meet with the like in future. Such appears to be the obvious fpirit and intention of that note frond the King, which is defcribed as the demand of a pledge from his Minifters. Though in form that note does demand a pledge, fuch as Minidcrs could not condituiionally accede to, yet it is to be confidered, that this was a paper, dictated on the fpur of the monient, and in which we are not to look for the accuracy of a fpecial pleader. The fpirit of it is eflentially friendly to the Miniflers, and implies a relu£lance, on the part of his Majefty, to part with them, totally irrccondlcable with the Idea thrown-out by a noble and learned Lord, that it muft have been dl6tated by fecret advifers, and founded on a previous refolution to diflTolve the Administration. It appears, then, that the difmiflal of the late Min'r- fiers may be fairly traced to the circumftances of their perfonal conduct towards his Majefty; and in this view of the matter, no one will confider it as a proper fubjeft of parliamentary inveftigation, whether thefe circum- ftances were, or were not, of fufficient weight to induce his Majefty to that determination. The noble Lords on the oppofite fide, however, abftra6ting altogether from '^'' thofe m 461 thofe emolions and feelings, from which the royal breaft can no more be exeint than ihofe of other men, over- looking all the circimifiances, which provoked the iihiniate denidud oi' a pitdge, confiJered the fubjedt 39 a dry and infulalcd conllitulional qucdion. It would have been uneonltiiutional, they fay, for Minillers to have given the pledge required, and therefore it was unconftituiional to demand it: and, if this aS. was not owing to a fecret advifer, the new Miniilers who accept offices, vacated in confequence of that unconftitiuional demand, mud be held as afluming the rcfponfibilily. The principle, that a new niiniftry are refponfible for the difmiiFalof their predeqeflTors, and, retrofpedl- ively, for the meafures upon which it proceeds, I hold to be found, conditutional, do6lriuo: but the applica- tion, which is made of that principle to the prefent cafe, appears to me to be fallacious. That the King can do no wrong, and that he can never a&. without advice, are principles of Condituo tional Law, which, like many other doctrines of the Law of England, are exprefled in figurative language; like all ihofe principles which juridical writers exprcfs under the form of fidlions.-— Thefe maxims, flripped of their metaphor and tranflaled into plain language, ap- pear to me to mean— 1 ft. That the King has no power by. the Conftitution to do any publick a6i of govern- ment, but through the medium of fome minifter, who is held refponfible for the act: — and, adly, That the perfonal actions of the King, not being a^s of governr ment, are not under the cognizance of law. 1 he principle, that the King can never aft without advice, applies therefore only to afiks of government. This interpretation is quite fufficient for the purpofe which that maxim is intended to ^(Teft) viz. to fecure the N.B, m y TA M-i" mM 4r>a ^■-:i■ m - 'i ;'rk-. ^1 ^.B. th« people from the abufes of bad government, through the reftraint which the fear of rcfponfibility may put on minifteri. If this responfibility attaches on every aft of govemipent, on every a& of the King in his exe- cutive or legiflative capacity, the people have all the se«> curity, which that maxim can impart : and it would be abfurd to extend it to the pcrfonal anions of the King as an individual, to the occurrences of his do- meftiok life, oi' to the circumftances which mayarife tn the courfe of confidential communication between him and his Miniftcrs, previoufly to their determining on any meafure, which is afterwards to make its appear- ance to the publick as an aft of government. Upon a change of Miniftry, the new Minifters are undoubtedly refponfible for the difmiflal of their pre- deceflbrs as a publick aft of government ; and, where the difmiflfal is connefted with any other publick mea- fure, on that likewife, retrofpeftively, they become refponfible for the negative of their predeceffors' intenn^ tions, but not for any private confultations, between the King and his former Minifters, which did not ter- minate in any publick meafure, In the prefent cafe, the demand of a pledge from the late Ministers cannot be confidered in any other light than as an occurrence of private confultation in the cabinet — an occurrence which cannot be a proper fubjeft of parliamentary in* quiry,fince it is only in confe<|uenceof the King's per- miffion that the knowledge of the faft could ever have come to parliament. That permiflion was granted for the fole purpofe of enabling some of his late Miniftcrs to clear their charafters of afper^ons thrown upon them ; and it is furely a moll iqiproper trefpafs upon the generofity which led to that permiflion, that a pro- ^e^ing, fuch as the prefent, (hould be founded upon it:—, 463 occurrence It :— a proceeding, which, however it may be intended by tlie noble pcrfons who bring it forward} cannot be debated without a continual infringement of that im- portant conftiiutional maxim, that the perfonal actions of the King are not to b« made the fubjeft of dif» cuflion. Upon the whole then it appears that the argument in favour of the prefent motion refts entirely upon the grofs fallacy of confidcring the demand of a pledge from Miniftera as an infulated fadt, and their refufal as the only aflTignable motive for difmifllng them. It appears, on the contrary, that, independently altogether of any fuch refufal, the difmiflal would have beenjufti- fiable, — that, before the demand was made, circum- itances had occurred which might naturally and fairly have led to that difmiflal. If upon receiving that Minute of Council, by which his Minifters agreed to give-up thcCatholick Bill, the King, inftead of requiring that the refervations (hould be withdrawn, had, immediately and without further explanation, fent for the feals of office, could any one venture to fay that the a£t would have- been unconftitutional ? and (hall we be told that the a£l, which the King might conditutionally have done before the demand of a pledge, became unconftitu- tional after that demand was refufed — that the mere circumftance of the King's having inadvertently made a demand, which his Minifters could not with propiic- ty accede to, can be fufficient to annul and bar the iicercife of qn^ of the moft e0ential Prerogatives of tht Cl'own ? The noble Lord proceeded to ftate, that the avowed object of the motion was to lead to the re-inftatement of the late Ministers. However much he might regret |ha;( fi change (hould have taken place, it could by no^ me«n ftated, it would be equally ftrong. The ftrength of an Adminiftration depends in a great mcafure bn the opinion, which the Publick entertains of its permanence. Before these unfortunate tranfa<^ibns the late Admini- ftration was nniverfally suppofed to be inimoveably ftable. Such an opinion can never be renewed. They formerly poflefi'ed the Confidence of the King and the Country united : now they would poflefs neither; forj whatever fenfe the Publick may entertain of the great and fplendid abilities of the late Minifters, the confid- ence formerly repofed in thefe talen.s n)uft be greatly (liaken by a view of the extreme indifcretion of their proceedings. Lord Selkirk further obferved, that, in the prefent circumftances, he could not approve, or concur iii, a fyftematick oppofition to an Adminiftration, whofe con- diift is as yet unknown. He thought them entitled to a fair trial, and that they ftiould oot be condemned tilt ' . . their- -%'. vU [nations for n who had it no prafti- ding, even un the King )c fecure,— ►ly changes; luch incon- I that it wad n) (lances of I ftable Ad- Administra- he regretted ftiation was tiat, if fe-ini- fttength of ifure bn the ■)ernianence. ate Admini- inimoveably wed. They king and the leiihef, forj the great the confid- : be greatly ion of their the prefent oncur in, a whofe con- 1 entitled to idemned tilt ' their 465 their meafures (hould prove them unworthy of confid* ence. It is true, ihat many individuals of the prefent Adminftration are well known, as publick chara6ters : but, as a Government, they are a new combination of men, and as yet untried. He could not deny that many members of the prefent cabinet had exprefft'd opinions on various fubje£ls, which he did not concur with ; and that, from a view of their former condu(il, he could not avoid feeling confiderable anxiety ai.d doubt as to what their future condu6l might be ; but he could not carry this fo far as to fay that they fhould be ex- cluded, as utterly unfit to be trufted. Notwithftand- ing the opinions which fome of them had delivered againft meafures which he highly approved, he trufted they would fee the wifdom of the maxim, which their predereflbrs had a6led upon in coming into office, that, takins; into confideration the unavoidable mifchicf of repeated changes, they ought to acquiesce in many things which they found eftabliftied, notwithftanding their having objefted to them when firft ena^ed. He referred particularly to the meafures adopted laft fellion for the improvement of our military fyftem, the fpirit of which he trufted would be ftill adhered- to. It was alfo alledged that the new Minifters were pledged to a fyftem oppofite to that of conciliation in Ireland. He could not, however, perceive hov/ they could fairly be conlidered as under any fuch pledge, and he trufted they would take the earlieft opportunity of evuicing the contrary, by giving to the Catholicks, not merely affurances, but praAical proof, that, however they might refift further conceflions, they were determined to execute, in a liberal manner, the laws already enacted in their favour. Such a condu6l:, he was perfuade^A would not only be more honourable, but of more ad- 2 H vantage iliii . ■ij H %A M 'I Wj -^j ?rf''''^ ' ■■; 5t ■; fe'*.'' if' ^ '0::' 466 vantage to the new Minifters, and tend more to pro- mote the (lability of their power, than if they (hould go-on to encourage religious animofity, and to excite apprehenfion in the publick mind for the fafety of the Eccleliaftical eftablifiiment. By raifing a cry of No Popery, they might gain the affiftance of a wild and fanatical mob, but would excite the difguft and repro- bation of every honeft and fenfible man in the King- dom. Lord Selkirk proceeded to ft ate, that thofe who, in the prefent circuraftances, do not approve of the avowed principles, or former conduct:, of the newly- appointed Minifters, are by no means reduced to the alternative of jjining with the determined partifans of the late Minifters in a fyftematick oppofition : — that there is an intermediate line of condud: more honourable, more conftitutional, better in every refpeft, — that of giving an independent, but qualified, fupport to Government, fo long only as their meafures are reconcileable with the main and eflential objects of national fafety. — In times like the prefent, a fyftematick oppofition maintained by fo powerful a party, muft tend to enibarrafs the opera- tions of Government, and to wafte, in the ftru^le for powerj that ftrength which ought to be diredied againft the common Enemy. Such proceedings may be fit for thofe> whofe Interefts are involved in the re-efta- blifliment of any particular Individual at the head of Ad- miniftration : but thofe who are fenfible of the immi- nent danger of our liluation, and whofe primary objedt 18 that national fafety, in which our all is involved, will not be inclined to join the violent partifans of either fide of the Houfe^ If a few perfons of acknow- ledged chara^er would unite in an independent line of conduA, they muft gain the confidence of the peo- .1 ' n (re to pro- ley (hould to excite iety of the cry of No wild and and repro- t the King- fe who, in the avowed ^.appointed ; alternative of the late t there is an rable, more lat of giving Jovernment, ble with the y. — ^In time* laintained by fs the opera- j ftrugglc for e£ted againft i may be fit I the re-efta- e head of Ad- (f the immi- rimary objeft is involved, t partifans of iS of acknow- lepende&t line |e of the peo- ple J 461 pie; though their numbers might at firft be fmall, every thing they might fay would carry weight, and eVen a fmall phalanx of fuch men might be able to reprefs ebullitions of a fadlious fpirit, whether it (hould appear on the one fide of the Ifoufe or on the other. \f'. '-'ii Ill f:'^ 119 1 'li'mi IS! 1 v"' SB 4 A sHoar 468 Jt >: ll'.Vli , A SHORT VIEW OF THE GROUNDS AND PRINCIPLES OF THE GLORIOUS REVOLUTION IN ENGLAND IN THE YEAR 1688. f r. ' 1> i . \ The following tra6l waspubliflied in the year 1807, as a Preface to a third edition of the celebrated Debates in the Houfe of Commons in the month of Oftober in the year i68o, on the Bill for excluding James Duke of York, the brother of the then reigning king, Charles the 3d, from the fucceffion to the Crown, upon the ground of his being a Papift^ and likely, from the intolerant principles of the Popifti religion, and his known zeal for its propagation, to make ufe of his power, when king, to re-eftablifh that religion in Eng- land. And the preface fets-forth the conformity of his condu6l four years after, when he hadfucceeded peace- ably to the crown, (and was poffeffed of the full pov/er, and more than the full power, juftly belonging to it), to the apprehenfions entertained of his defigns by the eminent Proteftant patriots. Sir Henry Capel, Sir Wil- liam Jones, and others,vvho took the lead in thofe debates; that power having been employed by him throughout his whole reign in the boldeft and fierceft attempts to introduce the Popifh religion into England, and to de- llroy all the civil liberties of the nation. At laft, by his violent meafures he forced even the mod zealous fup- porters of Monarchy in the kingdom, (who had, ever fmce the reftoration in 1660, been preaching-up the do^rines of paflive obedience and non-re(i(lance), to fufpend. 469 IINCIPLES JLAND IN ear 1807, as Debates in itober in the Ties Duke of ing, Charles 1, upon the y, from the ion, and his ufe of his gion in Eng- brmity ofhis leeded peace- le full pov.'er, (iiging to it), sfigns by the pel, SirWil- ihofe debates-, n throughout attempts to d, and to de- U laft, by his zealous fup- vho had, ever Lching-up the refinance), to fufpend. Aifpend, for a lime at leaft, their high principles of loyalty, and to wi(h to fee fome ftop put to the career of his tyranny. This general fentiment brought-on an invitation from fome few courageous noblemen and gentlemen to the Prince of Orange, to come-over to England to their affiflance with a fmall army ;— not to conquer England, hut to deliver it from arbit'-ary power, by obliging king James to call a free parliament to revive and confirm the extinguiflied laws and liberties of the nation, and the tottering Eftablifliment of the Proteftant religion. And the Prince of Orange com- plied with this invitation, and was received by the greateft part of the nation with great jov and gratitude, and confidered as their Saviour and Deliverer. And, after fome time, a meeting of the two houfes of Parlia- ment was obtained ; but in an irregular manner and without the concurrence of king James : he being unwilling to authorize their meeting, and to confent to thofe a6ls of parliament which he knew they would foon propofe to him for the prefervation of the Proteft- ant religion and the civil rights and liberties of the people. But no thoughts were entertained by either Houfe of Parliament of proceeding againft him as a criminal, for his mifgovernmcnt, nor even of depoiing him, but only of requiring him to confent to fuch new regulations as (hould be thought neceffary to pre- vent him from renewing his late attempts to deftroy the Religion and Liberties of the Country* But this he ' would not fubmit to, and rather than do fo, chofe to retire into France and put bimfelf under the protedion of king Lewis the 14th, the notorious Perfecutor of his own Proteftant fubje£is, and unjuft Invader of Holland and the other ftates in the neighbourhood of France, jind general Difturber of the peace of Europe. This 1} H 3 refolutioa imm i '* 410 Mi* f refolution of abandoning England and retiring into ("ranee king James attempted twice to execute, and the fecond time with fuccefs. And then the two houfes of Parliament, coniidering this abandonment of his country at this critical time as a decifive proof that he was determined not to confent to refume the govern- ment of the kingdom upon the terms of his coronation- oath, or fo as to be bound to govern it according to the Laws and Statutes of the kingdom, (upon which terms alone he had any right to govern it), did, after much deliberation and great debates on the fubjed, declare that he had thereby abdicated, or relinquijbed, the government, and that the throne was confequently vacant. And then, after further debates, they proceed- ed to fill that vacant place by electing their great Af- iifiant and Protestor in this arduous bufinefs, William, Prince of Orange, (who was the nephew of king James, and grandfon to king Charles the ift, and likewife husband to the Princefs Mary, king James's eldeft * daughter"), and the Princefs Mary his wife, to be jointly King and Queen of England, in his (lead. And from the long debates on thefe two refolutions, and the foiall majoriiiea of only two or three votes, by which they were carried, it feems next to certain that, if king James had chofen to continue in England and to confent to fuch new- regulations as the parliament would have thought fuflicient for the fecurity of the Pfuteftant rsli- ^ gion and the civil rights and liberties of the nation agatnft any future attempts of the Crown to overturn them, he would have been permitted to continue on the Throne. It was therefore king James's Obiiinacy alone, and not the Ambition of tiie Prince of Orange, (as hi^ enemies have often pretended), that bronght- about the change of the Sovereign of England on this occafion. m 471 occafion, and gave us the wife and valiant William* Prince of Orange, (who had already diftinguKhed him- felf as thc'Delivcrer of his own country, Holland, fromthe unjuft invaiion of Lewis the 14th in the year 167a, and who had now delivered England from the dangers of Popery and Slavery in which king James had involv* ed her), for our King, inflead of the bigotted and arbitrary James, who had nearly compleated the ruin of our Religion and Liberty. This Preface is as follows. , . - THE PREFACE TO THE I MIRD EDITION OF THE •* DEBATES IN THE HOUSE OF COMMONS IN OCTO- BER, 1680, ON THE BILL FOR EXCLUDING JAMES, DUKE OF YORK, THE BROTHER OF KING CHARLES THE SECOND, FROM THE SUCCESSION TO THE CROWN OF ENGLAND, " PUBLISHED AT LONDON IN JULY, 1807. The Debates of the Englifh Houfe of Commons, which are here re-printed, took place in the Parlia- ment which met on the 36th of Odober, 1680, and was Diflblved by the King's Proclamation, on the i8th of the following month of January, in the year 1 680-1. They relate principally to the Bill propoftd in that Parliament for excluding James, Duke of York, the only brother of King Charles the Second, from his right of fucceeding to the Crowi^ of England, in the event (which was then very probable,) of the King's dying without lawful Iflue. And the ground of this 2 H 4 important !f.|j h, «i; ,,.■;.) m ,H1 i'i tv',' 1''^ . • ..; / f. ■ ' r,- •I ( i-^H''i' - ^ ' r ■: y,jll 1 li Importafit tnotion, was, * 473 !♦ would be exlreamly dangerous and difficult to refill aay attempts that he ihould make for carrying his defigns againft the Proteftant Religion into execution ; and therefore they concluded, that it was abfolutely neceflfary, before that event took place, and while it was yet in their power, (if the King would gracioufly concur with them in the Meafure,) to exclude him from the Succeflion to the Crown. The King, unfortunately, would not concur in this falutary and neceflary Mea- fure : and the Duke of York fucceeded to the Crown, in February, 1684-5, ^^^^ y^^^^ ^^^^^ ^^^^^ Debates. And then the apprehenfions, which thefe wife Patriots had entertained of the projefis which the Duke was fuppofed to have formed againft the Religion and Liberties of his Country, were fully juftified by his furious endeavours to over, turn the whole Conilitution of the government both in Church and State. And, if the Valour and Wifdom of the Prince of Orange, (who was nearly related to the Crown, being both a Nephew of King James, and the Hulband of his eldcft Daughter,) had not been exerted in defence of the Reli- gion and Liberty of England, by his landing there with a fmall Army, of about 13,000 Men, not to conquer England, or to place himfelf on the Throne inftead of his Father-in-law, (as fome of his Enemies falfely and malicioufly pretended,) but merely to enable the Peo. pie of England to chufe Reprefentatives and fend them to meet together in a Convention, or Parliament, and there redrefs, in the manner they themfelves fhould think proper, without any conftraint from him, the enormous grievances they laboured-under, from the King's arbitrary Government ; — I fay, if it had not been for this timely interference of the Prince of Orange, it feems by no me^ins improbable) that the King might have m 1' ''M Ik? ,1i':k 5 ^^ ■ m W':"m ■I,:l!'f^'.|ll WW t 1 .■:i fi .. ; /•«^ r 474 have fnccecded in his endeavours to re-efltbli(h the Popifh Religion in England, and to change tho hmit- ed and Parhanientary Monarchy of England into an abfolutc Monarchy, upon the Model of that of France at that time, under Lewis the 14th, of which he was a great admirer. The Nation, however, efcaped from this alarming Situation, by this noble effort of the Prince of Orange, and by the Prudence and Modera> tion of the Convention, or Parliament, which he aflemblcd. And their Deliberations on this Occafion, for re-fettling the Government, were fortunately much facilitated by King James's voluntary departure from England, after he had begun to treat with the Prince of Orange ; which could not, with any (hew of Reafon, be afcribed to any apprehenfion of Danger to his Per- fon, (which neither the Prince of Orange, nor the Parliament, had.the leaft thoughts of moleAing,) but feems manifedly to have arifen from a fettled Refolu- tion not to confent to fuch new Regulations, as would probably have been propofed to him, with a view to prevent his renewing his late Attempts againil the Laws and Religion of his Country. To a Refloration to his Throne upon fuch Conditions, he feepis to have been determined not to fubmit ; and therefore he retreated into France, under the Prote&ion of that Arbitrary and Perfecuting Monarch, Lewis the i 4th, by whofe ailidance he hoped to recover the Poffeffion of his former Arbitrary Power, by the help of a French Army; and he, accordingly, afterwards, made an attempt of that kind in Ireland, by means of fuch an Army. His departure, however, from England, at this juncture, was a fortunate Circumftance for the Conven- tion, or Parliament, which the Prince of Orange had aflembled ; as it gave them a fair Opportunity c^' con* fidering 475 fidering the Throne as hsing vacant by the Voluntary Abandonment of it by the King, which was a proof that he was not willing to Excrcife the Oflice of Ring upon the Terms of his Coronation-Oatb, and according to the Laws and EdabliHied Cunftitution of the King- dom. Therefore, without having recourse to the delicate and controverted Do6irine of the Right of an OpprefTed People, to dethrone, or depofe, their Kings, or other Governours, for Mif-government ; they, con- fidering the Throne as Vacant, proceeded to repair that Imperfe£lion, or Defe6l, in the Governing Powers of the State, by Electing the Prince and Princefs of Orange to be King and Queen of England, in lieu of the King who had deferted them ; and then proceeded without delay, to re-fettlc the whole Government of the Kingdom upon its old Foundations, with a very few Corrections or Alterations, which their Experience had ibewn them to be Necefiary. This deliverance of the Englifh nation^ from the tyranny of King James the Second, and new Settle- ment of the Government, under King William and Queen Mary, is generally called the Revolution. But it mighty perhaps, with more propriety, have been called the Prese, vation, or Re-establisbment of the Government of England, as it had fubfifted in the Reign of King Charles the Second, and particularly in the year l68o, when thefe Debates took place, and before that King had difmifled his laft Parliament at Oxford, on the 28th of March, I'^SI ; for, after that avent, he governed, during the remaining four years of bis Reign, with a fort of Legal Tyranny, or abufe of tdac Legal Powers with which the Conftitution had invefted him ; employing his Court of King's- Bench, (as hia father had eipployed the Court of Star-Cham- ber,) lli^i i Jljj , ] %M.;. ' f ; ¥'< ' f.v^ ■. i %*: ,( M L*^'-- r 1 '"■■ ^- ■ ' *"•! 1 Plj :. '1 mi ' ^1: ■Til i|: ,, pl.:! .1 W^' '^ ' 1'' «&''.■..'•< r^i iSi]' : if K'^ !| Bil'it' ,: i 410 ber,) to pcrfccutc his Subjcfls uniler the forms of Law ; by taking-away the Charter of the City of London ; and procuring the Surrenders of the Char- ters of feveral other Corporations that fcnt Members to Parliament, and thereby making the £le6tions of Members of Parliament lefs free and popular than before; and -by ovcr-fevere Puniftiments, enormous Fines, and Verditls for exceflive damages, given in civil a6Uons by corrupt Juries, packed by the Sheriffs for' the purpofe. But in the year 1680, before thefe odious proceedings took place, the Laws and Conditu- lion of the Government ot England were very little dif- ferent from what they were afterwards in the years 1689 and 1690, or the firft and fccond years of King WilHam's reign. So wifely and moderately did King William and his firft Parliament proceed in the fettle- ment of the Nation, without introducing any new, or theoretical, improvements of the Government, or any changes in the powers of the feveral Judicatories and Orders in the State. The principal Law which the Parliament pafled on this occafion, and to which they required the affent of the Prince and Princefs of Orange before they eleAed them to be King and Queen of England, (in lieu of the King, who had quilted the Government, and retired to France,) is called the Bill, or Declaration of Rights ; and contains only a recital of feveral of the illecjal A6ls done by King James, and the illegal Powers affumed by him, accompanied with a declaration of their illegality, together with a fettle- ment of the Crown, after the Deceafe of the Prince and Princefs of Orange, on the Heirs of the Body of the faid Princefs ; and, in default of fuch heirs, on the Princefs Anne, of Denmark, (the fecond daughter of King James,) and the Heirs of her Body } and, in default of 477 any new, or of fuel) Heirs, on the Heirs of the Boctv of the Prince of Orange, or King William, by any future wife; and, laHlv, a provifion that none of the perfons fo appointed tolucceedtothelJrown, norany other perluii whatloever, (hould be capable of luch Succtrfli' ), if ihey either were themfelves Pa,.i(t^, or wef n»arried to a Papilt, " it having been found by Ejoperience, thnt it is incon- " sisient vHtb tbe Safely and lyelfare of tbis ProfaU ** ant Kingdom^ to be governed by a Po/>isb Prince^ or ** by any King or ^een, marrying a Papist." And, in general, the Maxims and Opinions fan^ioned and coniirmed by this Parliament on this sjreat and folcmn Occafion, were the fame that had been profefled and laid-down by the Leading Mennbers of the Houfe of Commons in the year 1680, who contended for the Kxcluiion of the Duke of York from the Succeflion to the Crown, and which are set-forth in the Debates that are here reprinted. Thefe Debates were firll publiflied in the year 168 1, in a fmall duodecimo volume ; and they were after- wards publiflied a fecond time in octavo, with the addition of the Debates of the following (hort Parliament holden at Oxford, in the following month of March, 1680-8 1, which related chiefly to the fame fubjeA of excluding the Duke of York from the fucceflion to the Crown. This fecond edition of thefe Debates was publiflied in the year 17I6, or the fecond year of King George the Firft, while there was a Rei cllion in the North of England, againft that wife ami worthy Monarch, in favour of the Popifli Pretender to his Crown, the fuppofed Son of King James the Second. It does not appear who was the Publiflier of this Second Edition x)f thefe Debates. Jgui it is plain that he was an ap- prover » . •; .1' ■■* "I''*!! m :'\ W'" ' ■ .;■; ■ f ■ ■"" '.? 478 ■'■4 provcr of the Principles and Opinions maiatained in thefe Debates, and a zealous Defender of the Entail of the Crown, which had been made by a fecond Act of Settlement near the end of King William's reign, on the Proteftant family of the Dukes of Hanover, and that he publifhed thefe Debates a feoond time in that critical feafon, with a v\tw to fupport the right of King George to the Crown, (which was derived from that fecond Act of Settlement,) againft the claim of the Pretender, by again prefenting to the view of the Pub- lick, the excellent arguments that had been ufed in favour of a fimilar Provifion for the maintenance of the Proteftant Religion, and the Rights and Liberties of the Subje6^, in that celebrated and courageous Parliament of 1680, And thefe fentiments he has expreffed very fully in a fpirited and inftruAive Introdu6lion. And now, in the year 1807, when a great number of perfons of high rank and large fortunes, and even of diftinguiHied abilities, and who particularly afTume to themfelves the name of Wbigs^ have fo far departed from the fentiments of Lord Rujfdly and Sir Henry Capeli and Sir William Jones, and the other Whigs of the year l68o, as to look- upon Popery as a very inof- fenfive fort of Religion, from which no danger ought to be apprehended by Proteflants, and to think that Members of the Church of Rome ought therefore, not only to be freely tolerated in the exercife of their Reli- gion, howevc'* idolatrous, (which toleration very few Proteftants, at u\«s Jay, are inclined to refufe them), but alfo to be admitted, equally with Protefiants, to all forts of OfHces of Power in the State, both Civil and Military, fo that the Judges of the King's Courts of Law in Weflminder-hall, and the Lords Chancellors of of England and Ireland might be Papifts^ and even that w.^. 479 hi)''. , that an Army of Iri(h Papifts, commanded by a Popifh General, (which was the Inftrument with which King James the Second endeavoured to over-turn the whole Conftitution of England both in Church and State,) should be no longer contrary to law; — it feems highly expedient that thefe excellent Debates (hould be again brought-fbrward to the View of the Publick ; to the end that the Members of both Houfes of Parliament may well coniider them, before they give their aflent to a meafure that is fo contrary to the Principles on which the Revolution in the Year 1688, and the De- claration of Rights then foleninly proclaimed by Par- liament, and the A&. of Settlement then made in favour of the Prince and Princefs of Orange, and the fecond A6k of Settlement of the Crown (made about ten years after,) on the Princefs Sophia, Dutchefs dowager of Hanover, and the Heirs of her Body, (by virtue of which A£t our prefent Sovereign fits upon the Throne) were, all, founded, — and before they, in confequence of fucb aflent, folltcit his Majefly, (not- withftandiog his known difinclination to the Meafure,) to give his Royal Aflent to an A£t, that feems, at leail, to have a 0rong tendency to undermine and weaken his Majefty's Title to the Crown. And it is to anfwer this ufeful purpofe, that thefe Debates are here again r«-prtnted from the faid Second Edition of them, in the year I7i6» together with the Introdu^oa of the Publifket of that Kditioo. ' ;i> ;^K it'.- THE h mm Is m £f ^1.. I lis '(•t 480 ?Ef u i :);{||i!f THE INTRODUCTION TO THE SECOND EDITION 01- i THE SAID DEBATES IN THE YEAR ,1710. 'a, -i^-f' ■:;,; i\ ' X- V' ■ 1 . . '• < > < 1 . So wide has the Deviation of the prefent Age been from the glorious Paths of their Anceftors j — fo violent a Propenfion has appeared in too many, who have made an open Profeffion of the Proteilant Religion, to- wards reviving the abjedt and exploded Do£irine of implicit Obedience, and falling-back into the ranked Superftition and Idolatry j that Popery has broke-in like a Torrent, and all that we have been able to do, for fome Years part, has been juft to carry-on adefen- five War againft it, whilft the Balance at prefent is but barely inclining to the Proteftant Side. Such has been the powerful Magick of the ifoman Em iiTaries; fo ftrong has the Operation of their Poyfon been upon the Senfes of this poor, deluded, Nation, that we have been driving-on an open Commerce with Rome, bartering our Eafe and Plenty for Want and Barrennefs, and the very Dregs of human Oppreflion ; our Birth-rights, for the imperious Dictates of lawlefs Tyrants; and the mildeft Laws in the Univerfe, for the mod infupportable Slavery, (which is Spiritual,) without giving ourfelves Time to caft-up the Account, and examine what LofTes we were likely to fuftain by fo unequal an Exchange. That Rome, and her officious Agents, have been in- ceflantly at Work for our Deftru^tion, is no Wonder, when we confider ourfelves as the nation that enjoys the boafted Remains of Liberty, and pure Religion, throughout 481 thrciughout Europe^ and as forming the main Bulwark againft arbitrary Encroachments. But that we, who profefs an abhorrence of thofe Principles, (hould give an helping Hand to our Ruin, and be in the Plot againft our own Faith, our Property, and Lives, feems as difficult to reconcile as the Doctrine o^TranfubJiantia" tion. Yef, to our eternal Difhonour, fuch there are at prefent amongft us, who have advanced half-Way to meet them ] nay, to fhow their Sincerity, and cut-off all manner of Ceremony, have gone-over to them. This Delufion, which has been fo univerfally fpread through all Ranks and Complexions, calls loudly at this Junfture for the Publication of the following Sheets; It had been a Crimq fcarce expiable, not to have refcued them from Oblivion, and give them a frefli Reading ; cfpecially at a Time, when a Set of profligate Wretches, who have the Impudence to call themfelves ProteftantSf are in ftrid: Combination with the fworn Enemies of our Fteligion, to place a Poptjh Impoftor on the Throne of King GEORGE f to make this Free-born Nation a Land of Bondage, and our Fertile Plains a Scene of Blood and Confufion. Apprehenfions of the like Danger from a Vopijh Sue** ceffor, infpired our great Forefathers wiih lively Senti* ments of the Kingdom's Danger, and with Refolutions becoming that great Truft repofed in thembyth Day. But here a Queftion naturally advances upon us, . Why Vopery^ (which was in good Earned aboliihed by "J^dward the VI/^, of pious Memory j and in the natural Tendency of that Reformation under fo niany Proteliant Princes, his Succcflbrs, (hould, by thir Time, have dwinilled into the laft Degree of Contempt,) has been gaining Ground upon us ever fince his Death linder various Shapes and Difguifes, till at lad it has g t Strength enough to bid us Defiance. This has been a perplexing Queftion to the Generality, and the Caufe could not have been made fo obvious to f^vera) ivell-meaning Proteft; nts, till a Set of People, joining in the prefent Kebellion^ and who walked-about undet^ Pifguifes for many Years, have at length gratified the "World, in ihrowing-oflT the Mafque, and telling us ■ plainly what they have been aitnipg-at, in Conjuodion yrith our implacable Enemies, the Papijis. 4 It is pot to be iipagined, that Poperij could have fub? fift.:(,Vin thefe Realms thus long, much lefs have found fo fecure a Refuge from the Purfuit of th§ Law, after fuc^^ flagrant Violations of all Things Sacred, Moral, an(| ]^umane, if there had not been fome fecret Springs working behind the Curtain in her Favour; and Con- federates of a more popular Stanip, had not been copy- ing Draughts from the Roman EmiiTaries, to make her Villanjes appear more fpecious to the \Vor1d. Thefe Plagues of Families, of Kingdoms, and Mankind,^ fay, had, e're this Time, been rooted out of the Land^ 4S7 had not fome Advocates in Power, ;ind who fecnud the very Revcrfe of them in I'rincipic, kept the Hand ofjufticc in a Sling-, and blunted the Antipathy of Protejlants againft them. The PapiftSy confidered as a diftinft Body, and nn- affided, conld never have grown-up to any formidable Height; Had there not been an Union of Interefl and AfFeilion between ihcm, and a powerful Body adling under legal Capacities, they would have been reputed of no more Weight, than fo many wandering Jeus, or fcattered Gentiles, amongft us : But Impunity and Coti- nivance, accompanied with a Fondnefs they obfervcd in fome falfe Brethren of the Proteftant Church of Rnglandy toward a Relapfe into blind Superflition, and flavifli principles, foon encouraged them to put- in their Claim, and think themfelves interefted in promot- ing thofe Schemes which made fuch near Approaches to genuine Po-'ery, By what Engines we were driven, and haftcning to our Ruin, was long forefccn in the early Days of the Reformation, and guarded-againft to the ntmoft, by the greateft Patriots, and the mod faithful Sons of the Proteftant Church. But fuch was the Infatuation of many, from miftakcn and too pompous Notions of Regal and Ecclefiaftical Power ; fnch the afpiring Tem- per of others, who knew better, but would bear no Controul, or even admit the Laiety to a Share in the ruling Part; that we have, more than an Age, been waging a Proteftant Waramongft ourfclves, whilft that Monfter, Popery^ has fattened upon our Diffenfions, and, by this unnatural Conteft, paved the Way almoft to an Eftabli(hment. From whence thefe tender Sentiments in prbfefled Churchmen, toward fuch impious Principles j from 2 I 4 whence ■ M J It,;!!-; 4S8 w'X ■■-■'■■ $ h. fc%i* t. laj'.ir :' p-jvll; ,. . "fi W ."^ '..--'' t' ' -*■ sd^ i* } ' '" ■ md' i:S ¥'': ' 'M ll; '^ ■ i ■ ::,! wh<»nce that conftant and moft favourable Regard t<^ Tuch inhuman Creatures, fprung ; — muft be the SubjeA of a flion Enquiry, that we may open a Way to the Sources of our paft Misfortunes, that we fee both the rampant and coucbant Popery : and we (hall find at the Up-fliot, that the latter has been the moil dangerous Enemy } that the Icfs-fufpicious Seconds have dinie all the filthy Work, for their Principals the Papi/ts^ under the plaufible Names of a rigorous Uniformity to Cere' monial Rites, and abaolutey pajjivei Siibmijion to the Prerogative, whildthe more formidable Names of Pope- ry and Slavery were kept behind the Scenes, till a fuilable Occafion prefented, of joining-togelher in the lad A£tof our Miferies, and making-up the fad C4ta. flrophe in Concert. - To have a full Vic w of this Growth of Popery ^ we muft obferve, that the Reformation was but tendcily begun, accompanied with the Diflblution of Abbicn, Monafteries, and many other fuch Nells of L^zinefs inA Veimin, and Creatures unprofitable to the Com- nionwealth. This was hardly digeftcd by the fawcy and high-fed Priefts of that Time : but falling under the Iron hand and inexorable Temp-r of Henry VIII. and funning ihemfelves likcwife into a Premunire^ by difputing his Supremacy, they were compelled to pur- chafe their Peace at any rate, and tamely fubniit to his Temporal Alienations. This Breach upon their unjuft Acquifiiions ftomach- ed them to the laft degree. But finding under Edward VI. thai there was not only a further Jletrenchment of their pious Frauds, but likewife other Spiritual Excrescencies par'd-«ff, they began to be thoroughly alarm'd J and, though many complied with the reform'd Religion in Show^ yet they could not quit their tender Regard 469 Jtcgard for the unrighteous Mammon, which they ia. every Day applied to more laudable Purpofea. To pafs over the Reign of Blood- thirfty Mary, whdu they expedcd a full Refiitution of Church-land»; find- ing that Queen Elizabeth went- on polling the Bishop- ricks, and giving away feveral fat Manors to her ufeful 3ubje6ls of the Laiety ; they unaninioufly caft-about how to flop the Current of thofe Alienations; and, roaring- out Sacrilege and the Church-Robberies oi' her Mini dry, began to perfwade her that there was a De- fign of ruining the Church by fonieill-defigning Men, find Enemies to Religion; and branded thofe who were more intent upon the Reformation than worldly Gain, with the Title of Puritans ; which at that Time was made to (ignify Schifniaticks in Religion, and Rebels to the Stale. This Cry, aflifled by Archbifliop IVbit- gift, affecting the Queen, diverted her from laying her Hands upon any more Church-Revenues, and turned her Fury upon the Puritans. Gjeat Numbers of the reformed Clergy at that Junc- ture were no better than Papills in Difguife, and find- ing a Gap open for Perfecution, they followed the Swing of their Revenge and Ambitious Tempers ; and, becaufe they could not return to their beloved Popery, in bar to the Laws and Statutes then in force, they were refolved, under the Notion of Uniformity, to obflruiSt any further Reformation, and plague thofe who attempted it. Th(i Bent of their Inclination flill led them to Popery; and they were ju^ upon the Point of rolling-back into Idolatry and Pagan Ufurpations at the clofe of Queen Blizabeth's Reign; if the Powder-plot, in the begin- ning of King James'By had not overthrown their Scheme, ^d iii9d? ail Qverturf:9 pf Uiftt kind fp detellable, that they .'I \ i\%\ •:''^„! 490 ,l'- ■ y fv4, 1^- 1 iU.r !•' '1 it*"'. > i p:i.-:- :'■ ll».t'-i m': fef:: ^^"i'^' H^ 1.; 1 ij', Abfohuion determined in as pofitive a manner as that of Rome, bthly^ A very tender and loofe Diftinc- tion between the Real and Ccirporal Prefence in the Sacrament. 6//^/y, Judging of Scrupulous Confcicnces by Tefts of Malice and Roman Kevenge. 7if^li/y Ke- belling, when out of Place and Power. S/Z'/y, Dif- pcnfing with Oaths, or taking them in what Scnfe they pleafe j with many more of fuch Principles, which are either entirely Popifli, or have a dire6t Tendency that way, " ■ ' f- .,." ■! . .1 •• ,• ■ - ...\ This Game have the Popiflily.affe£lcd Clergy been driving-on for a Century and upwards ; perhaps not all with an intent to throw ihemfelves into the Bofom of the Roman Communion, but to make themfelves as Abfolute, by lodging in the Suburbs of it ; w hereas the cunning Sophifters of the Roman Church, who had the Management of this part, laugh'd at the fantaftick Schemes of our Church-Politicians; who propofed to go fuch determinate Lengths towards Romey and not aftually go-in to her ; knowing that a Church o{ Eng- land Abfolute, and above the Law, is a Monfter, and not to be tolerated by Proteftants ; and that flie muft either fubmit to the Eftablifliment, or call-in Popery and Arbitrary Power in the End, to fupport her. This we have lived to fee accompliflied at this Hour; and bluQi to find Numbers openly profcffing the Pro- teftant Faith, lifting under the Banners of Popery, to per- feft the Reformation. But this was the natural fendency of fuch impious Do6lrines, and an Ambition for Power, warranted neither by the Gofpel, nor the Laws of the Land. '^i I '*. 494 BSiif..". i :rm Land. Itpon thcfe Principles, ihe Treafon, thePe^rjury^ atid Rebellion of the High Church and their P.ipilsi at this Tithe, gives no Manner of Surprife to the think- ing part of Mankind. But the Conduft of the pfoftlT'd Papifts is fouiewhat extraordinary. One would think that this Caft of Men fliould have been very wary in engaging in fo defperate an Exploit. The many execra- ble Attempts made, not only upon the Cohftitution, but likewife upon the Perfons of our Princes, have long fince blotted them out of the Roll of ProteAion, and call'd loudly for Vengeance. The Smithjield Fires of the bloody Mary j the repeated Plots againft Queen Eliza- beth'y the Spanish Invafionj the Powder-Confpiracy; the fufpicious Exit of James I. by Plafter and Potions * ; the matchlefs Ingratitude of the Popilh Crew, in the Mur- der of Charles If. who fkreen'd thcnl from Juftice at the Expence of his Honour, and his People's Love ; — fhouldj ih the natural Courfe of Revenge, have been repaid with a total Extirpation of their Perfons or Prin- ciples J and how at prefent they can hope to efcape the Indignation of a Proteftant Parliament, is left to them to confidcr. ' It has been talk'd with Alturance, that there are many Conftitution Papift? in this Kingdom, who had rather live with fome Reftri6lions under our gentle *%r; %\. * From the evidence on this subject that is distinctly stated in Ralph's Historj of England, it seems highly probable that King Charles the Second was poisoned by some Ilomish Priests, to prevent the execution of a design he had formed to recall the Duke of Monmouth and receive him again into favour. This design the King had communicated to his favourite mistress, the Dutchess of Portsmouth, and she had revealed it to her Popish Confessor, as the Dutchess declared about ten years after in the xcign of King William the Third. LawS| 1 & J 495 Laws, than fettle in a foreign Country, even with i free En]oyment of their Religion. But let fuch credu- lous Wretches know, that it is as impoflTible for a Pa- pift to be difintcrefted in the Affair of Religion, or cool in the Advancement of what they Blafphemouily call the Holy Caufe, as for a Mifer to be eafy in the fight of Gold, without coveting it, or a Glutton to be con- tented with a (lender Meal, when a Feaft is in view. I fliall conclude with one Inftance of their Holy Rage, to {how the Sentiments of that inhuman Race; and that is the Motto, which. Tradition tells us, was imprefs* ed on the Catholick Banners, in order to b& difplayed, if the accurfed Powder-plot had been duly executed by thofe Devils Incarnate. The Motto, or rather Curfo, runs thus : In Nomine Diva Maria ! Corruat Ecclejia Anglice Scbtfmatka ! Pereat, nonjirfs Pontificis Opt. Max. Numijie, JacobuSf Fidei fubverfoTf una cum Stirpe Regid ! Deleatur Senatus I Cujufcunque Ordinis Haretici Exterminentur ! Reftauretur denique per Cades, per ftrages, per Ruinas, Romana Fides, vere Apofiolica ! In plain KngViih thus : Let the Scbifmatical, {viz. the Proteftant) Church of . England, become an Heap of Ruins ! Let James, the Subverter of the Faith, together with his Royal Iffiie, be deftroyed by the holy Influence and Approbation of the Pope ! Lei the very Name of Parliaments be blotted-out ! Let !> ' . A.I..: I YK'-'''% 1-. ,■'(,. ■f'. ■ :lll! 496 Let Hei'eticks of all degrees be Exterminated! And the triiely Apoftulical Romidi Religion at 'ength be reftored by Blood, by Kuin^ and by Devaftation ! This gives us fo painful an Image of the brutal Cru- elty of the Papifts, that a warm Imagination cannot well be trufted with proper Animadverfions upon it : The naked exprefllons carry fo much ' orror along with them, that they want no Colours to enliven them. End of the IntroduSl'ion to the Second Edition of the Debates on the ExduJion'Bill, publi/hed in the Year 1716. 497 T?2- I," AN ACCOUNT OF THE SENTIMENTS OF THE PRINCE AND PRINCESS OF ORANGE, CONCERNING THE REPEAL OF THE TEST- ACT IN ENGLAND, BY WHICH PAPISTS WERE EXCLUDED FROM HOLD, ING CIVIL AND MILITARY EMPLOYMENTS i TO WHICH REPEAL THEY WERE SOLLICITED BY KING JAMES II. IN THE YEAR l687. TO GIVE THEIR CONSENT. Exfraffed from Bi/bop Burnet's History of bis Own TimtSf Vol U.from Page 432 to 453. ^^, * « ■11 ■! The King was every day faying, " that he was King, and he would be obeyed, and would make thofe who oppofed bim feel that he was their King :" And he had both Priefts and flatterers about him, that were ftill pufliing him forward. All men grew me1ancL.)Iy with this fad profpeA. The hope of the true Proteft- ants was in the King's two daughters ; chiefly on the eldeft, who was out of his reach, and was known to be welUhiftruded, and very zealous in matters of religion. The Princefs Anne was ftill very fteadfaft and regular in her devotions, and was very exemplary in the courfe of her life. But, as care had been taken to put very ordinary Divines about her for her Chaplains, fo (he had never purfued any (ludy in thofe points with much application. And, all her Court being put about her by the King and Queen, (he was befet with fpies. It was therefore much apprehended, that ihe would be Rrongly aflaulted, when all other deflgns would fo far fucceed as to make that feafonable. In the mean while a K Oie 49d "r ■ I •if ^ ^ t The King die was let-alonc by the King, who was indeed a very PdnceM S' k'"'' *n^ indulgent Father to her. Now he refolved to Orange make his firft attack on the Princefs of Oranee. D' AI- about re- , . "^ ligion. beville went-over lo England in the fummer, and did not come-back before the twenty-fourth of December, Chriftmas Eve, And then he gave the Princefs a letter from the King, bearing date the fourth of Novem- ber. He was to carry this letter : And his difpatches being put-oif longer than was intended, that made this letter come fo late to her. ^ , - The King took the rife of his letter from a queflion flie had put to D'Albeville, defiring to know what were the grounds upon which the King himfelf had changed his religion. The King told her, he was bred-up in the do6ilrine of the Chureh of England by Dr. Stewart^ whom the King, his father, had put about him ; in which he was fo zealous, that, when he perceived the Queen, his Mother, had a dedgn upon the Duke of Gloucefter, tho* he preferved ftill the respect that he owed her, yet he took care to prevent it. All the while that lie was beyond fea, no Catholick, but one Nun, had ever fpoken one word to perfuade him to change his re. ligion : And he continued for the mod part of that trme firm to the dodrine of the Church of England. He did not then mind thofe matters much : And, as all young people are apt to do, he thought it a point of honour not to change his religion. The firft thing that raised scruples in him was, the great devotion that he had obfcrved among Catholicks : He saw the}' had great helps for it : They had their Churches better adorned, and did greater ads of charity, than he had ever feen among Proteftants, He also obferr^d, that niany of them changed their courfeoflife, and became good Cbriftians, even tho* they continued to live flill in fci-^>^ m^' i \ <-v 11. 'n 490 in the wdrld. This made him firft beglii to examiriie both religions. He could fee nothing in the three reigns in which religion was changed in England, to incline him to believe that they who did it were fent of God. He read ihe hiftory of that time, as it was writ in the Chronicle. He read both Dr. Heylin, and Hooker's preface to his Ecclefiaftical Policy, which con- firmed him in the same opinion. He faw clearly, that Chrift had left an infallibility in his Church, againd which " the gates of Hell cannot prevail :'* And it ap- peared that this was lodged with St. Peter from our Saviour's words to hinl, Sti Mat; xvi. ver; 1 8. Upon this the certainty of the Scriptures, and evenof Chrifti- anity itfelf, was founded. The Apoftles acknowledged this to be in St. Peter, A&.\v, when they said," It feemed good to the Holy Ghoft and to us." It was the Authority of the Church that declared the Scriptures to be Canonical: And certainly they who declared them could only interpret theni : And whereever this infallibility was, there mud be a clear fuccedion. The point of the infallibility being once fettled, all other controverfies muft needs fall. Now the Ro- man Church was the only Church that either has infallibility, or that pretended to it. And they who threw-ofF this authority did but open a door to Atheifm and Infidelity, and took people off from true devotion, and fet even Chridianity itfelf loofe to all that would quedion it, and to Socinians and Latitudinarians who doubted of every thing. He had difcourfed of the'e things with fome Divines of the Church of England ; but had received no fatisfa(5lion from them The Chrif- tian Religion gained its credit by the miracles which the Apodles wrought, and by the holy lives and fuffer- ings of the Martyrs, whofe blood was the feed of the a K 2 Church, 'Mil I't, :> I 'i;^ m^ ' :;**■■• 500 Church. Whereas Luther and Calvin, and thofe wh/ Ifh. I- [7.1, 'I ,', .. fci, <; ♦'. .^*^i 4i \ fa' . - 1. ' i';?* liu ,.| 60^ come young out of England, yet (he had not left behind her either the dedrc of being well informed, or the meant for it. She had furniihed herfelf with books, and had thofe about her who fnight clear any doubts to her. She faw clearly in the Scriptures, that (he mull work her own fialvation with fpar and trembling, and that (he muft nut believe in the faith of 4nother« but according as things appeared to herfelf. It ought to be no pre- judiqe againft the Reformation, if many of ihofe who profe(red it led ill liveSf If any qf them lived ill, none of the principles of their religion allowed them in it. ^aqy of them led good lives, and more might do it by the grace of God. But there were many devotions in the Church of Rome, on whiqh tl)e Reforiped could (et no value. She acknowledged, that, if there was an infi^llibillty in the Church, all other controverfics mud fall to the ground. But (he could qever yet be informed wher^ that infallibility was lodged : Whether in the Pope alone, or i(> a Geperal Council, or in both. And (h^ df(ircd to know in whom the Infallibility relied, when there were two or three Popes at a time, a04 f si"'' ^' i '*: according to law. The defign of it was only, to feparate from the Roman Churchy in fo far as it had feparated from the primitive Church: In which they had brought things to as great a degree of perfection, as thofe corrupt ages were capable of. She did not fee how the Church of England could be blamed for the pcrfecution of the Diflentcrs : For the laws made againft them were made by the State, and not by the Church : And they were made for crimes againft the State. Their enemies had taken great care to foment the diviiion, in which they had been but too fuccefsful. But, if he wbuld refle6i on the grounds upon which the Church of England had feparated from the Church of Rome^ he would find them to be of a vtry different nature from thufe, for which the DifTenters had left it. Thus, fl»e concluded, ftie gave him ihe trouble of a long account oi' the grounds upon which (lie was per- fwadcd of the truth of her religion : In which fhe was fo fully fatisfied, that (he trufted, l)y the Grace of God, that fhe (hould fpend the refl of her days m i'. : And fbe was lb well aflurcd of the truth of our Saviour's words, that (he was confident the gates of hell (hould not prevail againft it, but that he would be with it to the end of the ^vorld. All ended thus, that the religion which (he profeflfed taught her her duty to him, fo that (he (hould ever be his moft obedient daughter and fervant. To this the next return of the poft brought an anfwer from the King, which 1 faw not. But the account that was fenl me of it was : The King look notice of the great progrefs he faw the Princef's had made in her enquiries after thole matters: The King's bufinefs did not allow him the time that was neceffary to enter into the detail of her letter : He defircd, (he would read thofe books that he had mentioned to her in his former 505 former letreri, and fome others that he intended to fcn4 her: And, if (he delired to be more fully fatisficd, he propofed to hvr to difcourfe about them with F.Mor- gan, an Englifh Jt^fuit then at the Hague. i have let down very minutely every particular that Refl'c«'..»« was in thofe letters, and very near in the fame words, letten. It mud be confefled, that pcrlons of this Quality feldom enter into fuch a difcuflion. The King's letter con- tained a (ludied account of the change of his religion, which he had repeated often : And it was, perhaps, prepared for him by fome others. There were fome things in it, which, if he had made a little more reflec- tion on them, it may be fuppofed he would not have mentioned. The courfe of his own life was not fo ftrid, as to make it likely that the good lives of fome Papids had made fuch imprefliuns upon him. The cafy abfolutions that are granted in that Church are a much jufter prejudice in this refped againft it, than the good lives of a few can be fuppofed to be an argument for it. The adorning their Churches, was a reflexion that did no great honour to him that made it. The feverities ufed by the Church of England, againfl: the Diffenters, were urged with a very ill grace by one of the Church of Rome, that has delighted herfelf footten by being, as it were, bathed with the blood of thofe they call hereticks : And, if it had not been for the refped that a daughter paid her father, here greater advantages might have been taken. I had a high opinion of the Princefs's good undcrftanding, and of her knowledge in thofe matters, before I law this letter: But this furprized me : It gave nie an aftonifliing joy, to fee fo young a perfon, all on the fuddcn, without confulting any one perfon, to be able to write fo folid and learned a letter, in which (lie mixtd with the ' refped 4\ ■■'li (, n \ ] I mm ^Wrl i'> ■ \i if A prcieco- tion stt-on fgaicst me. 506 refpefi that (lie paid a father fo great a firmnefa, that by it (he cut-off all further treaty. And her repulHng the attack, that the King made upon her, with fo much refolutioii and force, did let the Popifti party fee, that flie underftood her religion a» well as (he loved it. But now I muft fay fomewhat of myfelf : After I had ftaid a year infUolland, I heard from many hands, that the King feemed to forget his own greatnefs when he fpoke of me ; which he took occafion to do very often. I had publidied fome account of the fbork Tour I had made, in feveral letters j in which my chief defigns was to expofe both Popery and Tyranny. The book was well received, and was much read : And it raifed the King's difpleafure very high. My continuing at the Hague made him conclude, that I was managing defigns againfl him. And fome papers in fingle flieets came-out, reflecting on the pro- ceedings of hingland, which fccmed to have a confider- able efFe6l on thofe who read them. Thefe were printed in Holland : And many copies of vhcm were fent into all the parts of England. All which inflamed the King the more againft me ; for he believed they were writ by me, as indeed moft of them were. But that which gave thecrifis to the King's anger was, that he heard I was to be married to a conjidcrable fortune at the Hague. So a projtCl was formed to break this, by charging me with high-trcalon for coircfponding with Lord Argile, and for converfiMg with feme that were outlawed for high-treafon. The King ordered a letter to be writ in his name to his Advocate in Scotland, to profecute me for fome probable thing or other ; which was intended only to make a noife, not doubting but this would break the intended niairiagc. A fljip coming from Scotland the .i . day 507 4ay in which this profecution was ordered, that had ^ quick palTage, brought me tlie firft news ot it, long before it was fent to D' Aibevilie. So I petitioned the States, who were theu fi'ting, to be naturalized in order to my intended maniage. And this paH: of courfe, without the lead difficulty; which perhaps might have been made, if this profccution, now begun in Scotland, had been known. Now I was legally under the protedion of the States of Holland. Yet I writ a full judification of myfelf, as to all particulars laid tu my charge, in fome letters that I feqt to the Earl of Middleton. But in one of thefe I faid, that, being now naturalized in Holland, my allegiance was, during my (lay in thefe parts, transferred from his Majefty to the States. I alfo faid in another letter, that, if, upon my non-appearance, a fentence (hould pafs againft me, I might be, perhaps, forced to juftify myfelf, and to give an account of the (hare that I had in aflfairs thefe twenty years pa(l : In which I might be led to mention fome things, that, f was afraid, would difpleafe the King : And therefore I (hould be forry, if I were driven to it. Now the Court thought they had fomewh.it againfl: xne ; For they knew they had nothing before. So the ^rft citation was let fa]l, and a new one was ordered on thefe two accounts. Tt was pretended to be high-treafon, to fay my allegiance was now transferred : And it was fet-forth, as a high indignity to the King, to threaten him with writing a hitlory of the tranfaiStions paft thefe laft twenty years. The (irftof thefe ftruck at a great point, which was a part of the law of Nations. Every man that was naturalized took an oath of allegiance to the Prince, or State ,that naturalized him. And, (ince no man can ferve twu ma(lcrs, or be under 4 doubljs allegiance. i.-.^ m M i I' hi i'^ ''I, A mi Mi Hk^ m !> . t-'^ ■ ,■ 3>., Of the year 1. . 1 lOtih. ^Hl ^y 1 t: 1 i'.''. 1 -?.{*'* -.'i--' 1 I'i-' # 1 ll If 508 allegiance, h is certain, that there muft be a transfer of allegiance, at lead during the ftay in the country where one is fo naturalized. This matter was kept-up againft me for fome time, the Court delaying proceeding to any fentence for feveral months. At laft a fentence of outlawry was given ; And upon that Albeville faid, that, if the States would not deliver me up, he would find fuch inftruments as ihould feize on me, and carry me away forcibly. The methods he named of doing this were very ridiculous. And he fpoke of it to fo many perfons, that I believed his defign was rather to frighten me^ than that he could think to effect them. Many overtures were made to fome of my friends in London, not only to let this profecution fall, but to promote me, if I would make myfelf capable of it. I entertained none of thefe* I had many (lories brought me of the difcourfes among fome of the brutal Irifh, then in the Dutch fervice. But, I thank God, I was not moved with them. I refolved to gu-on, and to do my duty, and to do what fervice I could to the publick, and to my Country : And refigncd myfelf up entirely to that Providence, that had watched over me to that time with an indulgent care, and had made all the deiigns of my enemies againfl me turn to iiiy great advantage. I come now to the year 1688, which proved memor* able, and produced an extraordinary and unheard-of Revolution. The year in this Century made all people reflect on the fame year in the former Century, in which the power of Spain received fo great a check, that the decline of that Monarchy began then; and England was faved from an invalion, that, if it had fucceeded as happily as it was well laid, muft have ended li . it. 509 ended in the abfolute conqneft and utter ruin of the Nation. Our books are fo full of all that related to that Armada, boaftcd to be invincible, that I need add no more to fo known and fo remarkable a piece of our hiftory. A new eighty-eight raifed new expe^ations, in which the furprifing events did far exceed all that could have been looked -for. I begin the year with Albeville's negotiation after AlbeviHe'« i • • 1 TT TT . 1 t r 1 • • memorial fiis coikimg to the Hague. He had, before his gorng- to the over, given-in a threatning memorial upon the bufinefs ^''"'^'' of Bantam, that looked like a prelude to a declaration of war i for he demanded a prefent anfwer, (ince the King could no longer bear the injuftice done him in that matter, which was fet-forth in very high words, tie fent this memorial to be printed at Amfterdam, before he had communicated it to the States. The chief efTefi: that this had was, that the A6lion3 of the 'Company did fink for fome days. But they rofe foon in : And by this it was faid, that Alheville him- '^'' liiade the greateft gain. The Eaft-India fleet was then expected home every day. So theMerchants, who remembered well the bufinefs of the Smirna fleet in the year /eventy-two, did apprehend that the King had lent a fleet to intercept them, and that this memorial was intended only to prepare an apology for that breach, when it (hould happen: But nothing of that fore followed upon it. The States did anl'wer this memoral with another, that was firm, but more decently exprefl*- cd : By their lad treaty with England it was provided that, in cafe any dispute (hould arife between the Merchants of either fide, Commiilioners (hould be named on both fides to hear and judge the matter. The King had not yet named any of his fide : So that the delay lay at his door. They were therefore amazed to receive i>f ' U r*. ii; S-v' K ''■ '- ■ ■ ;. i "Ji'^' •■ -it lift r-" '■?* fffM", .;;f K; N<.i i I;.; si 4. 610 rtceive a memorial in fo high a flralri, (irice they had done all that by the treaty was incumbent on them. Albevilie after this gave-in another memorialj in which he defired them to fend over Commiflibners for ending that difpute. But, tho' this was a great fall from the height in which the former memorial was conceived, yet in this the thii:g was Id ill apprehended, that the Dutch had reafon to hdieve ihat the King's Minifters did not know the treaty, or were not at leifure to read it : For, according to the treaty, and the prefent pofture of that buiinefs, the King was obliged to fend over Commiflioners to the Hagiie to judge of that affair. When this memorial was anfwered^ and the treaty was exauincd, the matter was let fall. Albeville's next negociation related to myfelf. I had printed a paper in juftification of myfelf, together with my letters to theEarl of Middleton. And he, in a memo- rial, complained of two paffages in that paper. One wasj that I faid it was yet too early to perfecute men for religi- on,and,therefore, crimes agiiinfl the State were pretend- ed by my enemies : This, he faid, did iniinuate, that the King did in time intend to perfecute for religion* The other was, that I had put in it an intimation, that I was in danger by fome of the Irifh Papids. This^ he faid, was a reflt^Vion on the King, who hated all fuch practices. And to this he added, that, by the laws of England, all the King's fubje£ts were bound to feize on any perfon, that was condemned in his Courts, in what manner focver they could: And therefore he dc<( fired, that both I and the printer of that paper might be punifhed. But now upon his return to the Hague, I. being outlawed by that time, he demanded, that, in purfuance of an anicle of the treaty that re1at'<;d (u rebels or fugilives^ I might be bauiflied the Pro-< vincest 511 vinces. And to this he craved once and again a fpeedy anfwer. I was called before the Deputies of the Slates of Hol- land, that 1 might anfwer the two memorials that lay before them relating to myfelf. I obferved the differ- ence between them. The one delired, that the States would puniih me, which did acknowledge me to be their Subject. The other, in contradidlion to that, laid claim to me as the King's rebel. As to the par- ticulars complained-of, I had made no refleflion on the Kinr; but to the contrary. I faid, my enemies found it was not yet time to perfecute for religion. This infinuaied, that the King could not be brought to it. And no perfon could be offended with this, but he who thought it was now not too early to perfecute. As to that of the danger which I apprehended my- felf to be in, I had now more reafon than before to complain of it, fince the Envoy had fo publickly af- firmed, that every one of the King's fubjeifts might feize on any one that was condemned, in what manner foever they could, which was either dead or alive. I \^ as now the fubjeA of the States of HuUand, naturalized in order to a marriage among them, as they all knew : And, therefore, I claimed their prole£lion. So, if 1 was charged with any thing that was not according to law, I fubmitted myfelf to their juflice. I (hould decline no trial, nor the utmoft feverity, if I had offended in any thing. As for the two memorials that claimed me as a fugitive and a rebel, I could not be looked-upoti as a fugitive from Scotland. It was now fourteen years fince I had left that Kingdom, and three (ince I came out of England with the King's leave. I had lived a year in the Hague openly ; and nothing was laid to uiy charge. As for the fentence that was pretended to bt '■ ti ■My' \il '^•m »i Pfl f f- i^'ll ''(■*■ '-^1 ■f' ' . !W, A' ■^ii i" ,.- ■ ■ hi 512 i.. !;:■< ^:1. cd to me. be pad againd me, t could fay nothing to it, till t faw a copy of it. The State* The Stiles were fully fatisfied with my anfwers} wh«"eUt- *"^ ordered a memorial to be drawn according to ihem. They alfo ordered their Emhaflador to reprefent to the King that he himlelf knew how facred a thing Natu- ralisation was. The faith and honour of every State Was concerned in it. I had been naturalized upon marrying one ot their fubjefts, which was the jufteftof all reafuns. Tf theKinghad any thing to lay to my charge, juftice (hould be done in their Courts. The King took the matter very ill ; and faid, it was an affront offered him, and a jnft caufe of war. Yet, after much paflion, he faid, he did not intend to make war upon it ; for he was not then in a condition to do it. But he knew there were defigns againft him, to make war on him, agaiiift which he (houid take care to fecure himfelf; And he (hould be on his guard. The EmbalTador aiked him, of whom he meant that. Bui he did not think fit to explain hirnfcif further. He ordered a thi.d Memorial to he put-in againfl me, in which the article of the treaty was fet-forth : But no notice was taken of the anfwers made to that by the States : But it was iniifted'On, that, iince the States were bound not to give fanttuary to fugitives and rebels, they ought not to examine the grounds on which fuch judgements were given, but were bound to execute the treaty. Upon this it was obferved, that the words in treaties ought to be explained according to their common acceptation, or the fenfe given them in the civil law, and not according to any particular forms of Courts, where for non-appearance a writ of outlawry, or rebel- lion might lie : The fenfe of the word Rebel in common ufe was, a man that had bom arms, or had plotted againft ^13 tgAinft his Prince : And a Fugitive was a man that flcU from jullice. The heat with which the King feemed inflamed againft me, carried him to fay and do many things that were very little to his honour. I had adverlifements fcnt me of a further progrefs in his defigus againll me. He had it fuggefted to him, that, (ince a fentence was pad againd n)e for non-ap* pearance, and the States rcfufed to deliver me up, he might order private perfons to execute the fentence as they could: And it was writ over very pofi lively, that 5000/. would be given to any one that (hould murder me. A Gentleman of an unbk-mifhed reputation writ me word, that he himfelf, by accident, faw an order drawn in the Secretary's Office, but not yet figned, for 3000/ to a blank perfon that was to feize, or dedroy, me. And he alfo affirmed, that Prince George had heard of the fame thing, and had defircd the perfon to whom he trufled it to convey the notice of it to me: And my author was employed by that perfon to fend the notice to me. The King aiked Jeflferies, what he might do againil me in a private way, now that he could not get me into his hands. Jeflferies anfwcred, he did not fee how the King could do any more than he had done. He told this to Mr. Kirk to fend it to me; for he concluded, the King was refolved to pro- ceed to extremities, and only wanted the opinion of a man of the Law tojuftifya more violent meihodi I had fo many different adverlifements fcnt me of this that I concluded a whifper of fuch a dcfign niight have been fet-about, on defign to frighten me into fome mean fubmiffion, or into (ilcnije at lead. But it had no other effe6l on me, but that I thought fit to day more within doors, and to nfe a little more than ordinary caution, I thank God, 1 was very little con- 2 L cerned N.B. ■/fe If '■if 'J ■ -i' B^jn m ! !- m 514 mi M 1 j ) ■ ;•- "1' B| H 111'" )■- i ^ PIn' '•' j ; pi;". * 1 '1 i:-^ ■ v 1 Pensioner letter to Mr. Stew- ard, an emi- nent Scotchman tzVen into Savour by KingJamea. ccrnecl at it. I rcfigncd up my Fife very freely to Gocf. I knew my own innocence, and the root of all the malice that was againd me. And I never poffefled my own foul in a more perfeft calm, and in a clearer cheer- fulncfs of fpirit, than I did during all thofe threatnings, and the apprehenfions that others were in conccrniiTg me. Soon after this a letter writ by Fagel, the Penfioncr of Holland, was printed ; Which lca<]s me to look- back a little into a tranfa£lion that palTcd in the former year. There was one Steward, a lawyer of Scotland, a man of great parts, and of as great ambhton. He had given-over the pra)<4i'; 517 ed iIkii upon it. The Kintioriicral Stcwanl to write- ^' 8. back, that he would either have all or nothing. All the Lay-l'apilU of Enij,laiui,\vh'> were not engaged in the intrigiits of the Pricfts, prilTcd carneflly that the King would accept of the repeal of the penal laws ; which >,• g, was offered, and would have niadc iheni both eafy and fafe for the future. The Kmperor was fully satisfied with what was offered ; and promifed to ufe his iiitcrcft at Rome, to get the Pope lo write to the King to accept of this, as a Ih-p to the other : But I could not learn whether he did it, or not. If he did, it had no effect. The King was in all points governed by the Jefuits, and the French Embaflador. FatherPelre,a8he had been long in thcconfidencc,was Father Pc« now brought to the Council-board, and made a Privy counselloi Counfellor: And it was giveii-out, that the Kins; was refolvcd to get a Cardinals Cap tor him, and to make liim Archbifhop of York. The Pope was ftill firm to his rcfolution againll it. Bui it was hoped that the King wonld conquer it, if not in the prcfent, yet at fur- theft in the next Pontificate. The King refolvcd at the fame time not to difgufl the Secular Priefts : So Bifliop Leyburn, whom Cardinal Howard had fent-over with the Epifcopal character, was made much ufc of in appearance, tho' he had no great fhare in the counfels. There was a fa6lion formed between the Seculars and the Jefuits, which was fometimes near breaking-oul -r into an open rupture. But the King was fo partial to the Jefuits, that the others found they were not on equal terms with them. There were three other Bi- fliops confecrated for England. And thefe four were ordered to make a progrefs and circuit over England, confirming, and doing other Epifcopal ofKces, in all :.- 3 L 3 the ■>m^ 1«1 A 518 V'^^> i 'ir i > The conft. the parts of England. Great numbers gaihered about dcnceofthe , , ,. . Jcsuiu. them, whereioever they went. The Jefuits thought all was furc, and that their fcheme was fu well laid that it cuuld not niifcarry. And they had fo poiTeifed thdt contemptible tool of theirs, Albeville, with this, that he fccmcd, upon his return to the Hague, to be fo fanguinc, that he did not (lick to fpeak-out, what a wifer man would have fup- prcflTcd though he had believed it. One day, when the Prince was fpeaking of the proniifes the King had tnadc, and the oath that he had fworn, to maintain the laws and the eAabliflied Church, he, indoad of pretend- ing that the King dill kept his word, faid, " upon fome . occafions Princes muft forget their promifes." And, . when the Prince faid, that the King ought to have moro s regard to the Church of England, which was the main body of the Nation, Albeville anfwered, ** that the body which he called the Church of England would not have being two years to an end." Thus he fpoke-out thedefigns of the Court, both too early and too openly* But at the fame time he behaved himfclf in all other refpc6ls fo poorly, that he became the jeft of the Hague, The foreign Minifters, Mr. D*Avaux the French Em- baffador not excepted, did not know how to excufe, or bear with, his weaknefs, which appeared on all occafions ^d in all companies. What he wrote to England upon his fird audiences was not known. But it was foou after fpread tip and printed, JowH the Kingdom, very artificially and with much and was re- o •» ^ ./ ceiyed wth induftry, that the Prince and Princefs had now cont joy all over Rented to the repeal of the Teds, as well as of the penal ^P^Mnd. jj^g^ This ^as wfit over by man) hands to the Hague, Th^ Prince, to preyeat tb^ ill effe^s that might follow on The Pen- sioner's letter v. a* m:^ * Wi bl9 on fuch reports, p.ive orders to print the Pcufioncr':* letter tu Steward ; which was I'enl tu all the parts ot Kngl.md, and was received with an univerial joy. The DilTcnters faw themfcves now fafe in his inten- tions towardi them. The Church-party ^\ as cunfirnied in-their zeal for maintaining the Tefts. And the Lay- Papifls feemed likcwifo to be fo well pleafcd with it, that they complained of thofe ambitious Prieds, ami hungry Courtiers, who were refolved, rather than lay- down their afpirings and other projects, to Lave them ilill expofed to the feverities of the laws, though a freedom from thefc was now offered to them. But it was not cafy to judge, whether this was fnicerely meant by them, or if it was only a popul^' art, to re^iommend themfelves under fuch a moderate appear- ance. The Court faw the hurt that this Letter did them. At firft they hoped to have ftifled it by calling . it an impofture. But, when they were driven from that, the King began to fpeak feverely and indecently of the Prince, not only to all about him, but even lo foreign Minillers : And refolved to put fuch marks of his Indignation upon him, as fliould let all the world .fee bow d«ep it was. f*! m^i' 3L4 INOTHBR ; L: 520 » ( i' ANOTHER EXTRACT FROM BISHOP BURNETS !I1S, TORY OF HIS OWN TIMES, CONTAINING AN ACCOUNT OF THE DEATH OF KING CHARLES THE SECOND, AND THE GROUNDS FOR SUPP03. ING THAT HE WAS POISOISED. ,Ur ^'^4 1^- :i. 1: There was at this time a new fcheme formed, that A new ' scheme of very probably would have for ever broken the King nient. and the Duke. But how it was laid was fo great a focret, that I could never penetrate into it. it was laid at Lady Portfmouth's. Barfllon and I^ord Sunder- land were the chief managers of it. Lord Godolphin was alfo in it. The Duke of Monmouth camc-over fccretly. And, tho' he did not fee the Kmg, yet he wcnt-back very well pleafcd with his journey. But he never told his reafon to any, that I know of. Mr. May, of the privy-purfe, told me, that he was told there was a dcfign to break-cut, with which he himfclf would be well-plealed : And when it was ripe, he was to bo called-on to come and manage the King's temper, which no man underwood better than he did ; for he had been bred about the Kitig ever fmce he was a chil i : And, by his port, he was in the fecret of all his amours ; but was contrary to his notions in every thing clfe, both with relation to Popery, to France, and to Arbitrary government. Yet he was fo true to tje King, in that Icud confidence in which he employed him, that the King had charged him n^ver to prefs him UlJi 521 him in any thing, fo as to provoke him. By this means he kept all ihis while much at a ilillance j for he would not enter into any difcourfe with the King on matters of (late, till the King began with him. And he told me, he knew, by the King's way, that things vverr not yet quite ripe, nor he thoroughly fixed on the defign. That with which they were to begin was, the fending the Duke to Scotland. And it was generally believed, that, if the two brothers fliould be once part- ed, they would never meet again. The King fpoke to the Duke concerning his going to Scotland : And he anfwered, that there was no occafion for it: Upon which the King replied, that either the Duke muft go, or that he himi'elf would go thither. The King was obferved to be more than ordinarily penfive. And hisfondnefs to Lady Portfniouth increaf- ed, and broke-out in very indecent inftances. The Grand Prior of France, the Duke of Vendome's brother, had made fome application to that Lady, with which the King was highly offended. It was faid, the King came-in on a fudden, and faw that which provoked him: So he commanded him immediately to go out of Eng ) land. Yet, after that, the King careflcd her in the view of all people, which he had never done on any occafion, or to any perfon, formerly. The King was obferved to be colder and more referved to the Duke than ordinary. But "what was under all this" was ftill a deep fecret. Lord Halifax was let into no part of it. He ftill went-on againil Lord Rocheder. He com- plained in council, that there were many razures in the books of the Treafury, and that fevcral leaves were cut-out of thofe books : And he moved the King to go to the Treafury-chamber, that the books might be Uid before hini; and that he might judtrc of the matter • '^ upon il tv, 523 Feb. », 1084-d. •- t ^M ! sickness. upon fight. So the King named the next Monday. And it was then cxpeded, that the Earl oFRochcUer would have been turncd-out of all, if not fen t to the 1 ower. And a incflage was fent to Mr. May, then at Windfor, to defirc him to come to Court that day, which it was expeded would prove a critical day. And it proved to be fo indeed, tho' in a different way. The King's AH this winter the King looked better than he had done for many years. Ht had a humour in his leg, which looked like the beginning of the gout : So that for fonie weeks he could not walk, as he ufed to do generally, three or four hours a day in the Park; which he did commonly fo faft, that, as it was really an exercife to himfelf, fo it was a trouble to all about him to hold-up with him. In the Hate the King was m, he, not being able to walk, fpent much of his time in his laboratory, and was running a procefs for the fixing of Mercury. On the firfl of February, being a Sun- day, he eat little all day, and came to Lady Portfmouth at night, and called for a porringer of fpoou-meat. It was made too ilrong for his flomach. So he eat little of it : And he had an unquiet night. In the mornmg one Dr. King, a Phyfician and a Chymifl, came, as he had been ordered, to wait on him. AU the King's difcourfe to him was fo broken, that he could not undcrdand what he meant. And the Dodor conclud- ed, he was under fome great diforder, either in his mind, or in his body. The Do£tor, ^ina^ed at this, went-uut, and, meeting with the Lord Peterborough, he faid, the King was in a flrange humour ; for he did not fpeak one word of fenfe. Lord Peterborough de- fired he would go-in again to the bedchamber, which he did. And be was ft^jtrcf cuRie-io, when the King, who 555J3 u who feemed all the while to be in great confuiion, fell-down all of a fudden in a fit like an Apoplexy : He looked black, and his eyes turned in his head. The Phyfician, who had been formerly an eminent Sur- geon, faid, it was Imp )ffible to fave the King's life, if one minute was lolt : He would rather venture on the rigour of the law, than leave the King to perifli. And fo he let him blood. The King came out of that fit • And the phyficians approved what Dr. King had done: Upon which the Privy Council ordered him a thoufand pound i which yet was never paid him. Tho* the King came out of that fit, yet the effeds of it hung ftill upon him, fo that he was much opprclRd. And the phyfici- ans did very much apprehend the return of another fit, and that it would carry him off: So they looked on him as a dead man. The Bifhop of London fpoke a little to him, to difpofe him to prepare for whatever might be before him, to which the King anfwered not a word. But tha* was imputed partly to the Bilhop's cold way of fpeaking, and partly to the ill opinion they had of him at Court, as too bufy in oppofition to Popery. Sancroft made a very weighty exhortation to him ; in which he ufed agood degree of freedom, which, he fuid, was neceifary, fince he was going to be judged hy one who was no refpe£ter of perfons. To him the King made no anfwer neither j nor yet to Ken, tho' the moil in favour with him of all the Bidiops. Some imputed this to an infenfibility ; of which too vifibic an inflance appeared, fince Lady Portfmouth fat in the bed, taking care of him as.a wife of a hufband. Others gueifed truer, that it would appear he was of another religion. On Thurfday a fecond fit returned. And i,\.b. 3, then the phyficians told the Duke, that the King was "'^*'^' pot lik« to live a day to an end. The 'i u I ■' ^i 1 52* ,1 ji ' '• , ik ^^- He received The Duke inimedialely ordered FTudlefton, the Prieft tilC Sacra- , , , i i • <• • t rr- «»r /I mcnts from that had a great hand in faving the King at Worceftcr PricTt*.'^ fight, (for which he was excepted out of all fcvere aAa that were made againft Pricfts,) to be brought to the lodgings under the bed-chanibcr. And when he was told what was to be done, he was in great confufion ; for he had no hollie about him. But he went to another Priert, that lived in the Court, who gave hiui tire pix wiih an hoftie in it. But that poor Prjed was fo flighted, that he run out of Whitehall in fuch hafte that he fltuck againll a poll, and fccnicd to be in a fit of niadnt'fs with fear. As fuon as Hudleflon had prepar- ed every thing that was ncoeHary, ihc Duke whifpered the King in the car. Upon that the King ordered that all who were in the bul chamber to withdraw, except the Earls of Bath, and F;jvcr(ham : And the door \vns double locked. The company was kept-out half an hour: Only Lord Fevcrfliam optned the door once, and called for a glafs of water. Cardinal Howard told me at Rome, that Hudlellon, according to the rela- tion that he fcnt thither, made the King togo thro* fome a6ts of contrition, and. after fuch a conleflion as he could then make, he gave him Abfolution and the other Sacraments. The hollie iluck in his throat: And that was the occafion of calling for a glafs of water. He alio gave him extream Un6tion. All mud have been performed very fuperficially, fince it was fo foon ended. But the King feemed to be at great eafe upon it. It was givcn-ont, that the King faid to Hudlellon, that he had faved him twice, firft his body, and now his foul; and that he aflced him, if he would have him declare himfelf to be of their Church. But it feems he was prepared for this, and fo diverted the King from it i and faidj he took it upon him to fatibfy the world in that particular. 'IP k' 525 particular. Bnt, tho', by the principles of al! Jcligionji whatfoever, he ought lo have obliged him to make open profeflion of liis religion, yet, it fecnis, the con- fcquencea of that were apprehended ; for without doubt that poor I'rieft aiSled by the dircflions ihat were given him. The company was fufiertd to come-in. And the King went through the agonies of Death with a calm and a conftancy, that amazed all who were about him, and knew how he had lived. This made fome conclude, that he had made a will, and that his quiet was the ^ffeft of that. Ken applied hinifelFmuch to the awak- ing the King's ccmfuience. He fpoke with a great elevation, both of thought and expretHon, like a man infpired, as thofe who were prefent told mc. He refum* ed the matter often, and pronounced many fliort ejaculations and prayers, which aficded all that were prefent, except him that was the moft concerned ; who fcemed to take no notice of him, and made no anfvvors to him. He prefled the King fix or fevcn times to receive the Sacrament. But the King alwavs declined it, faying, he was very weak. A table, with the elenjcnts upon it ready to be confecratcd, was brought into the room ', which occafioned a report to be then fpread about, that he had received it. Keu prefled him to declare that he defired it, and that he died in the Com- munion of the Church of England.. To that he anfwer- ed nothing. Ken afked him, if he defired Abfolution of his fins. It feems the King, if he then thought any thing at all, thought that would do him no hurt. So Ken pronounced it over him : For which he was blamed, fmce the Kinj.'. expreflTed no fenfe of forrow for his pad life, nor any purpofe of amendment. It was thought to be a proftitution of the peace of the Church, to give it to one, who, aftrr a lif^led as the King's had been, f feemed >• bg6 '#■■■•1 ■M' ■*;;i » ■ ■ ■*J i feemcd to harden himfelf again ft every thing that CouM be faid to him. Ken was alfo ccnfured for another piece of indecency: He prefented the Duke of Rich- mond, Lady Portfmouth'g fon^ to be bleffed by the King. Upon this some that were in the room cried- out, " the King was their common father," And, upon that, all kneeled down for his blefiiiig ; which he gave them. The King.fuflered much inwardly, and fiiid, he N. B. was burnt-up within ; of which he complained often, but with great decency. lie faid once, he hoped he fliould climb-up to heaven's gates, which was the only word favouring of religion that he was heard to fpcak. He gathered all his ftrength to fpeak his laft words to the Duke, to which every one hearkened with great attention. Heexprcfled his kindncfs to him, and that he now delivered all over to him with great joy. He recommended Lady Portfmouth over and over again to him. He faid, he had always loved her, and he loved her now to the laft j and befought the Duke, in as melting words as he could fetch-out, to be very kind to her and to her fon. He recommended his other children to hiin : And concluded, " let not poor Nelly ftarve j" that was Mrs. Gwyn. But he laid nothing of the Queen, nor any one word of his people^ or of his fervants : Nor did he fpeak one word of reli gion, or concerning the payment of his debts, tho* he left beliind him about 90,000 guineas, which he had gathered, either out of the privy purfe, or out of the money which was fent him from France, or by other methods, and which he had kept fo fecrelly that no perfon whatfoever knew any thing of it. . IJU death. He continued in the agony till Friday at cievcn a clock, being the fixth of February, ]684<-5 i and then died in the fifty-fourth year of his age, after he had reigned i*> '. ri i 527 reigned, if we reckon from his father's death, thlrly- fix years, and eight days*, or, if we reckon from his Refloration, twenty-four years, ciglit months, and iiinc days. There were many very apparent fufpicions of tiis being poiioned : For, iho' the (irft accefs looked like an apoplexy, yet it was plain in the progrefs of it that it was no apoplexy. When his body was opened, the phyficians who viewed it were, as it were, led, by thofe who might fufpe6l the truth, to look upon the parts thai were certainly found. But both Loiver and Need- bam, two famous phyficians, told me, they plainly difcerned two or three blue fpots on the oulfidc of the ftomach. Needham called twice to have it opened: But thefurgeons feemed not to hear him. And when he moved it the fccond time, he, as he told me, heard Lower fay to one that ftood next him, " Needham will undo us, calling thus to have the (lomach opened ; for he may fee they will^not do it." They were diverted to look to fomewhat elfe : And, when they returned to look upon the (lomach, it was carried-away : So that it was never viewed. Le Ftvre^ a French phyfician, told me, he faw a blacknefs in the fhoulder : Upon which he made an incifion, and (iiw it was all mortifi- ed. Short, another phyfician, (who was a Papid, but after a form of his own,) did very much fufped foul dealing : And he had talked more freely of it, than any of the Proteftants durft do at that time. But he was, not long after, taken fuddently ill, upon a large draught of wormwood wine, which he had drunk in the houfe of a Popi(h patient, that lived near the Tower, who had fent for him ; of which he died. And, as he faid to Lower, Millinglon, and fome other phy- ficians, he believed that he himfelf was poifonetl, for l)is having fpokcn fo freely of the King's death. The King's :U N. B. IW. •it alt- ':M n K-' '^vS '' ^fi^.ff ^ Ami ll fv' m- m 1 wi'. it' 'W ¥M. M -■) 528 Klng^s body was indecently tieglcfted. Some parts tit his inwards, and fome pieces of the fat, were left iti the water in which they were waflied : All which were fo carclefsly looked -after, that, the water being poured-out at a fcullery-hole that went to a drain, in the mouth of which a grate lay, thefe were feen lying on the grate many days after. His funeral was very n)ein. He did -not lie in (late : No mournings were given t And the expense of it was not equal to what an ordinary Nobleman's funeral will rife to. Many upon this faid, that hcdefervcd better from his brother, than to be thus ungratefully treated in ceremonies that arc publick, and that make an inipreflion on thofewho fee ihcm, and who will make fevcrc obfervations and inferences on fucli omifTions. But, fince I have men- tioned the (ufpicions of poifon, as the caufe of his dt;alh, I mud add, I never heard any lay thofe fufpi- cions on his brother. But his dying fo critically, as it were in the minute in which he feemed to begin a turn of affairs, made it be generally the more believed, and that the Papids had done it, either by the means of fome of Lady Portfm uith's fervantsj or, as fome fancied, by poifoned fnuff j for fo many of (he fmall veins of the biain were burft, that the brain was in great diforder, and no judgment could be made con- cerning it. To this I (hall add a very furprifing ftory *, that I had in November, 1 709, from Mr. Henly of Hampfliirc. He told inc, that, when the Dutchefs of Portfniouth canic-over to England in the year i599, he heard, that (lie had talked as if King Charles had been poifontd ; which he defiring to have from her own mouth, Ihe gave him this account of it. She was always prefling the King to make both himfelf * This i« add'.'d to the original in a loose sheet. and •529 M and his people eafy, and to come to a full agreement with his Parliament: And he was conic to a final refr)- liition of fending away his brother, and of calling a J*arlianient ; which was to be executed the next day after he fell into that fit of which he died. She was put upon the fecret, and fpoke of il to no perfon alive, but to her Confcflbr : But the Confeffbr, flie believed, told it to fume, who, feeing what was to follow, took that wicked courfe to prevent it. Having this from fo worthy a perfon, as I have fet it down >vithout adding the lead circumftance to it, I thought it too important not to be mentioned in his hiftory. It difcovers both the knavery of Confcflbrs, and the practices of Papifts, fo evidently, that there is no need of making any further reflections on it. N. B. y 2 M % I'M t * 530 m i-r)- t"^t.T, fe ^% 531 'IHE PAPISTS' BLOODY OATH OF SECRECY LITANY OF INTERCESSION roR ENGLAND: With the Manner of taking the Oath, upon their entring into any Grand Conjpiracjf againll the Protejiarils, As ii was taken in the Chapel belonging to Barn~ iow-Hall, the Refitlence of Sir Thomas Ga/coigng, from William Ru/hton, a Popifli Prieft^ BY ROBERT EOL RON, GENT. JOTIS 16* DIK OBCBMIRIS, IflSO. Ordered, That Mr. Robert Bolron have Liberty from this Hou/ef to print and publijb the/aid Oath of Secrecy and Litany. W. G.>ldfbrough, Clcr, D. C. LONDON: Printed in the Year 1680. Reprinted for S. Slow, and Sold over-againil St. Clement's Church in the Strand, 1745. s\ '*^: •i * i 2 M 22 )o2 m-' Jovis \6 Die Decembris iC)%o. A Peli^^on of Mr. Uolurt Bolrout defiring Leave from Tl'is liou/ey to print the PAPISTS' Oath of Se- crecy, and Litany of Intel crjfion /or England therein mentioned, was Head. fywf I' mi 'tw / Ordered, That Mr, Robert Bolron have Liherly from Thit Hou/e to Print and Pulli/h the said Oath of Se- crecy and Litany. William Goldfbrough, Cler. Dom, Com* The hSS * ■ ■» THE INFORMATION, cj'c AFTF.R the anlient Piety, Zral, and Stri£knefs of Life, exemplary in the Primitive Chriflians, had, in a incafure,put the Dominion of this World, and the Keys of the next, into the Hands of the Clesgy ; Caro of gain- ing Souls hccame, in a few Centuries, ohsoleted : The former illuftrious Times of Virtue vnnilhed, and a gloomy Night of Ignorance foon overspread the Uni- verfc. The Clergy, the Authors of this Unhappinei's, (finding their Religion and Greatnefs muft be main- tained by Power and Policy ; and conlcious to them- felvcs, that their Lives and Dotlrine held no good Correfpondcnce with the Purity and Poverty of their PredeceflTors,) took aCourfc (beeaufe they had little left of their own) to trade with the Piety of the Ages part, and prop-up their own Ignorance and Sloth by that Means. To work they g<> ; they make Gods of the deceafed Propagatorsof Chiillianity, and cnfljrine their Rotten Bones, or thofe of others, in Cafes of Gold and Silver. The next Thing was, to perfuade or compel the People to adore them. In this blrc£ling a new Order of Demi-gods, they imitated the Pagans in their Wickednefs, but not in their Virtue or Valour, and clapped the fedivals of thefe new Pa. Gods into the Calendar in Places of the old Holy-days of Satum^ 2 Ai 3 MintrvOf (f - ! s ;ii* . ■"OX. •\" 634 Minervtiy and Bacchus^ 8cc. This Projeft anfwered Expe«ftation ; they grew greater, but not better. The Miracles pretendedly wrought at thofe Shrines, and Multitude of Cer^'inonie?, dazled the Vulgar, supported the Reputaiion, and fupplied the Dcfe6l of the Clergy. The glorious Lives, Wonders, and Martyrdoms, of the Antients were, made into Mantles to hide the Ignorance, Luft, and Avarice, of worthlefs Impoftors ; and Laws evcry-where were made to retrain Men from peeping into the Ark of the Church. And, to drip Princes privily of their Power, and to draw thcirSubjedls to other Dependencies, numerous Orders and Societies are conjured-np, (as though the Laiety had not groaned tnough under the Seculars,) to cre£l a kingdom in every Kingdom for the Pope, and to fupply him in every Corner with a Villain Spiritual, to (lab or poifon what Potentates he plcafes. Things thus jogg'd-on till the Days of our Grand- fathers ; when in England the Pope and his Clergy were ficluded, and it was made Death for any Romijh Pricfl to enter the Realm. Yet, fiiice, they have not only come hither, but, by Help of Factors and Profelyies, have acquired great Eftates in thcic Kingdoms, and are now endeavouring to dcftroy us all, and introduce Vopery. This is as clear as Noon-day, by many Teflimonies, among which, this Oath following is a mod notorious Evidence, on which I (liall make fume Remarks. THB 11' xJ izn 535 THE OATH OF SECRECY, Given by William Rit/hton, to me Robert BolroUy the fccond of February 1 676-7. In the Name of the Father, and of the Son, and of the Holt; GhoJI, Amen, I, RoBEkT Boi.RON. heing in the Presence of Almighty God, the Blessed Mary ever Virgin^ the Blessed Michael the Archangel, the Blessfd St. John Baptiftj the holt) Apostles, St, Peter and St, Paul, and all the Saints in Heaven, and to you my Ghostly Father ; do declare^ and in tny Heart believe, the Pope, Chrift's Vicar-Gene- rat, to be the true, and only. Head of Cluift's Church here on earth ; and that, by Virtue of the Keys of Rinding and Loosing, given his Holiness by our Saviour Chrift, he hath Power to depose all heretical Kings and Princes, and cause them to he killed. Therefore, to the utmost of my Power, I will defend this Doc- trine, and his HoUhcsh^s Rights, against all Usurpers whatever; especially against the now pretended King of England, in regard that he hath broke his Vows with his Holiness's Agents 2 M 4 beyond N. B. ft ■'!!♦■•;; ;! : ; 536 m i I \. B, hnjond Scai^, and not performed his Prowisc.^, in bringing into England the Ilohj Roman Catholick Religion. I do renounce and di&oivn anr/ Mlc^iancc as due to the said pretended King of England, or Ol)edience to any of his inferior Officers and JSIagisirales ; hut do hilicvc the Protcdant Doctrine to he heretical and damnable, and that all are damned ivhich do not forsake the same; and, to the best of my Pow'^r, will help his Holiness's .i gents here in England, to e.tlirpale, and root-out the said. Proteftant Dortrinc, and to destroy the said pretended King of England, and all such ofliis Subjects, «.»< roill not adhere to the Holy See of Rome, and the Religion there professed. I Jiirther do promise and declare, That I will keep secret awl pr irate, and not divulge, directly^ nor indirectly, by IVord, Writing, or Circum- stance, whatever shall be proposed, given in Charge, or discovered, to me by you wy Ghostly Father, or any other engaged in the promoting of this pious and holy Design ; and that J will he active, and not desist from the carrying of it on: And that no hopes of Rewards, Threats, or Punishments, shall make me discover the rest concerned in so pit us a IVork ; and, if disco- vered, shall never confess any .Accessaries, with myself concerned in this De.sign. ./ill which Ido swear by the Blessed Trinity, and by the Blessed Sacrament, (which Inoxv purpose to '^ H- 537 to receive^ to perform, and, on my Part, to keep inviolab/e : And do call all the Angels, and Saints in Heaven, to u'iniess vvj real Inlention to keep this Oath, In Tcslinmni/ ir hereof, J do receive this most Holy and Blessed Sacrament oj the Eucharist. It is manifeftjthat the Grandees of che Roman Church make no more Account of Religion, tlian the Profit and Convenience it brings along with it, are able to compcnse: Yet they ever begin with a Holy CaniiLum, In nomine Pa- tris ; by fuch Means inducing the People to fwallow their gilded Pills, or Po!u.;iS rather, to the Dedrudion oUentimcs of Body and Soul too. In this vicked Thing cali'd an Oath, they blafphcmoufly ict-up the Ekst'Sd JSIary, St. Michael, St. John, St. Pcieu St. Paul, and Rushton, the priefl:, in an equal C'aflisvvidi God Almighty ; but mention not Chrilt, till they come to declare the Pope to be his Vicar, and that tl.ertby the Pope hath Lciteis-Patcnts, toim- power him to do 'vhat he iLall think fit, in Heaven, Hell, Earth, and in Purgatory ; todcpole and kill hc.eiick Kings, yea, and Catholick ones too, when he wantsOpportunityto advance a Har- lot, a Baftaid, or a Nephew. In fuch Cafes, a Chasti'l, a Clement, a Raiilliack, or z Pickering, arc ever ready to tranfmit whom he pieafts into another I* ;i ■ ■ m .;! I . il II f . 538 «r>other World, whilft himfclf, without fiich Hel{>^ but not witliout Money, puts a Soul into Heaven^ or pulls one out of Purgatory. Indeed this Oath is its own Herald, is its own Comment ; every Word of it is Rebellion, Treason, and Murder, ftiled hypocritically P^o?^* and holij Desiirns ; it was ftampt in the Mint of the Jesuits, and is a very notable Comment upon that Oath, which bleifcd Jgnatius Loyola im« poled upon his fpiritual Mamaluksy and may give us to underftand, that Romish Wickedness is fublimated fincj thofe Days into a much higher Spirit of Treachery and Impiety, The Oath then made to the Father General is as fol- ioweth. Er,o N, Profeflloncm facio, & promitto omni- potenti Deo, coram ejus Virgine Matre, & univeifa cccklH Curia, ac omnibus circum- {lanribus; & tibi P.itri Reverendo N. Praspofito Generali Societaiis Jem, Lociiii Dei tcnenti, & Succefibribus tuis, vt^l tibi lieverendo Patri, Vice Prse.oolito Generali Societatrs Jesu. Sc Succeffori- bus luis, Locum Dei tencnti, perpetuam Pau- peitatem, Cadiiaieiu, & ObeJientiam, & fecun- ciiim cas, oeciiliarem Curam, circa Puerorum Kiuviiuonem, jrxta Formam vivendi in Literis Aportoli?.Is Societatis Jesu, & in ejus Conllitu- iioniouji contentam ; infuper promitto fpccialem Obtdicntlam Summo Ponrifici circa MilTiones, profit prout in elfdem Literis Apodolicis Sc Conditu^ tionibus coniinetur. fVhich is Englished thus : I, N. make my Profession, and promise to tfie Omnipotent God, before his f^ir gin- Mother, and all the whole Court of Heaven, and nil that here stand-by, and to you our Reverend Father, the Father* General of the Society of Jefus, God'*""^"'^ voU. Lieutenant, and to your Successors, (or to you Rever- end Father, in Place of the Provost General of the Society o/' Jefus, God** Lieutenant, and his Suc' cessors) perpetual Poverty, Chastity, and Obedi- ence ; and accordingly , peculiar Care in the Erudi- tion of Youth, consentaneous to the Form of Jjiving, contained in the^lpostolich Letters of* the " "^" Society of Jelus, a7id in the Constitutions thereof. Moreover, I promise special Obedience to the Pope, concerning Missions, as contained in the. Mame j^postolick Letters and Constitutions, ceniv'g. Our new Explanation, or EKpofition, (ar exceed'; the old Text, and is a Superftrudure upon that priftine Foundation of Villainy, eredled fince thofe Times. The Blelfed Trinity, the Holy Sacrament, and the whole Ho(I of Mcaven^ are made Packing- hoi fcs for impious Mortals in the ungodly, uncharitable, Anli-chriftian, Works of ruining King?, Kingdomr, and all Mankind yy J -I I f||f: 540 Mankind befides themfelves, only to fcr-up the Court of RomCy an J a defponck Power. Tliclc horrid Impieties (but that we are promifed the Gates of Hell ihallnot prevail againft them) might make confcientioiis Men, with Trembling, prefage and dread, That the Ruin of Christianili) is not far off. Thele 'Men, when they iwear their milled prol'elites into Treafons, Murders, Felonies, and Secrecy, little mind to confider what is taught in Holy Writ concerning an Oath, Jcrem, V. 2. yJnd thou shah swear, the Lord livclh in Truth, in Judgment, and in liighteousness. Sec. What Regard thefc Ouhs have to Truth, Judgment, and Rightcoufnefs, let the Reader take notice, and proceed to obferve one unpar- allel'd Claufe in the Oath, viz. And that no IIol)€s of BewardyThreats, or Pnnishrnfnfs, shall make me discover the rest concerned m so piuus a irorh : and, if discovered, shall never corifess any Acccs.uiries with mijself concerned in this De- siirn. Here they lead their Profelites into a Labyrinth of Wickednel's ; but then they leave them no Way or Means to difingage themfelves or others out of it, and confecjucntly to be hanged and damned afteiwaid'^. This may leain the moll wilful and ir^ ft obftinate Charity, to have a care how it extencis itfelt, in believing the Words of the dying Je.^uiis anci others. Discife Justitiam mo- ni'i, and let it teach al! goo J ProUstarM the Nature of 511 of thcfe Romish Wolves, who, though they change their Hair, wili never change their Hearts. Now having given an account of the Oaih of Secrecy, next I will render you an Accoiinr, how the y^suifSj and Popish pricfts tlo inlinuatc themfdvcs into the Hearts of ihofe, that they cnfnare to engage in tliis damnable Dcfign ; which panicuiarly, being exemplified in my own felf, may fcrvc as Inftrudlions, how others were in- duced and encouraged to propagate their hellifli Principles : The Relation is as followeth. About the latter End of January, 1676, Thomas Thwing, a Prieft, and William Rusbton, anothor i'ojp/V/S'Pricft who was my Ghoftly Father, came to my Houfe at Shippoji-Hall in Yorkshire, and did there examine mc, how I was affeded and did like the Romish Religion, fince I was of it, and, if there were any Occafion, What would I do for the Good of that Religion ? To whom I replied, That I was fo well affeded to the Romish Religion, that I would venture my Life and Ellate in the Management of any Defign whatfo- ever, for the Good of that RELIGION. The Priefts then faid, That they were glad to hear me in fo good ,1 Humour, and did heartily with, that all the Catholicks in England were of my Mind ; and further did tell me, that all England in a little Time would be Roman- Catholicks ; for that the Duke of York, next Heir to the Crown, had renounced the Protestant Religion : {• r. •''■ I ' tjU'-»> RB. 5i2 Religion; Therefore Force was to be ii fed, for the more fpecdy bringing him to the Crown. But added, that, before 1 could be any further acquainted with the Particulars of this Defign, I muft firft take the aforementioned Oath of Secrecy, which all good Catholicks muft take; for, if any Catholicks did refufe it, they could not be permitted to know of their Dcfigns and Contrivances : For that Sir Thomas Gascoigne, T/iomas Gaseoigne, Efquire, and other Gentle- men, had taken the liime, and engaged them- felves, and given Security for their rcfpeclive Performances. Then I told the faid Priefts, " that I would not deny to take it •, for I would obey my Ghoftly Father in all Things.'* And Candlemas-day , 1676, 1 did accordingly go to Barnhow-l^xWi as was formerly agreed, where I did hear Mafs, and take the Ouh of Secrecy from the Hands of my Ghoftly Father, to be private, and keep fecrct the Defip;n of killing his Sacred Majefty, and the Deftru(flion of all fuch Protestants, as would not be of the Romish Religion ; which Oath of Secrecy is before rtlated, and is the true Copy of the faid Oath as I got it from the faid Rushton accidentally, the very fame Day it was miniftered unto me by him. Before I did take the Oath of Secrecy, I did go to ConfclTion, where my Ghoftly Father in my faid ConfefTion did tell me, that I muft believe. *:; < m*^< ' 543 believe, TViat it was a mortal Sin to reveal what was told me by my Ghostly Fallier in my Confess sion^ and that 1 was certainly damned, t/ ever I did discover the Concerns oj this Design, or taking the said Oath oJ Secrecy, But after 1 had taken the faid Oath of Secrecy , aud was acquainted with the Defign, whenever I went to Confeflion, my Ghoftly Father would be furc to examine me, how I had kept my Oath; upon which, if my Father Confcflor did judge, that I had nor fo truly kept the fame, as I ought to have done, then muft I have taken the fame Oath over-again. Befides, my Ghoftly Father did frequently teach me how to make ulc of Equivocations and mental Refervaiions. Firsts How to defend myfelf againfV the Protestants^ if I were alked by a Stranger, Whether Mr. Rushton were a Prieft ? that then I might lawfully deiiv it; or, upon Oath before a Magiftrate, I might pofitively deny my Know- ledge of Rushton'to be a Popish Prieft : Bu; then I muft privately to myfelf make ufc of this Equivocation," That I did not fee the laid i?w.9A^o» take his Orders beyond Sea ; therefore could not fwear him to be a Prieft." And then followed the Benefit of Abfolution for this or any other Ser. vice done for the Good of the Romish Religion. And indeed my Penance in Confeffion was once enjoined me by Father Rushton to iafh myfelf with a Cai-of-ninc-tails, becaufc I did not deny with ■Ul \ ,.i'i ■|.;1 -* ?.■; Mil,' ■*' 54+ wi.h Adcventions, to one Mr. Burmm, tau he w IS no Vofnsh Pricfl ; aIthoup,li 1 did not confc-ls ihcfiine to Mr. Burmnn, ycc lie allcJgcd, that I did it but faintly, and therefore that Ihould be my Penance. Scamdlijt If reproach'd by the PvoteHants ; " that ihey of ilie Ronmh Religion made no Con- Icicncc to deftroy thofc that were of contrary Opinion to them;'* that then with litiprccations I might lawfully deny the fame; only making ufe of this Rt'servatiop to myfelf, that I muft deny any Thing which is againd the Intereft of the Church. Thirdly^ That fince the Difcovery of this Popish plot, if I did at any Time hear the Protestants difcourfe, that they of the Romish Church did teach the murthering of Kings and Princes, and that the King was to have been mur- thered by the Papists, that then I muft vindicate the Romish Religion, arguing, that fuch Dodrine the Papists held not, with Refervation to myfelf, that I inuft not own fuch a Defign,unlefs effedt- ed,believingthatProfcjfan/s,beingHereticks,had no Power to examine me, neither was I oblig'd to anfwer diredly to the Queftion. ■\ The it 545 The Ceremonies^ Manner ^ and Form used in the taking of the said Oath 0/ Secrecy, is thus ; At the Chappel Door, did fprinkle myfelf with Holy Water, and then went into the Cha(v pel, where, bowing towards the Altar, I made the Sign of the Crofs, and faid, Sprinkle me with Hyssop, and I shall be cleansed ; ivash me, and I shall be tvhiter than Snow; Then kneeling, I made the Sign of the Crofs, and faid, Jn the Name qf the Father, and of the Son^ and of the Holy Ghost, Amen. After that, I faid tain Pray- ers ufedbeforeConfedion^and, atthcCunclu(ion, made again the Sign of the Crofs; which being ended I went into the veftry, where, kneeling, I afked my Ghoftly Father's Bltffing, as Children ufually do their Parents. Then, after that, I n:adc again the Sign of the Crofs, and then had the Benefit of Confeffion, and Abfolution frotrx mv Sins, and then I went into the Chappel, and faid Prayers before Receiving the Sacrament. But when Mafs was faid, 1 did not com- municate with the reft there prefenr, although the Sacrament was confecraied for me; but, after the reft were gone, then H'iiiiam Rushton, my Ghoftly Father, called me to the Altar, ' where, bowjng my Body and kneeling, I made the Sign of the Croni-y then 1 kiss'd the Mafs-Book, and laid my H Right ![■ ill i 1 1 ; 1 ] 4 1 ■■> ^1, 1 1 r ill 11 M ■ '1 I f 1 J ^ \^ ^ IMAGE EVALUATION TEST TARGET (MT-S) & /- / ^ 1.0 11.25 tii lU u us u 1^ Im U2 122 1^ |20 ill las M III 1.6 Photogr^jhic Sciences Carporation 1 '^ \ <^ 4^. 23 WIST MAIN STMiT WnSTIR,N.Y. 14510 (71«)t72-4503 is '^ fim.;m^l ftf ■.ii}.4 tlS*^ 1*'' I 546 Right-Hand upon it, and Co had the Oath of Secrecy given me by my Ghoftly Father, Rushtorty repeating it after him. But at thefe Words, In Testimony whereof I do receive ibis fnost Holy and Blessed Sacrament of the Eucharist ; Rushton put the Sadrament into my Mouth, and faid this little Latin Prayer following : Corpus Domini nosiri Jefu Chrifti custodiai ani- mm tuam in Vitam aternam, A men. Then again I kifs'd the Mafs-Book, held in the pried's Hand, but held my Hand on the Mafs^ Book all the Time I was taking the Oath afore-* laid ; and, after that, riHng, bowed my body to the Altar in an humble Manner, and fo returned to my Place again Now^ after I had taken the faid Oath of Secrety^ Rushton went again into the Veftry, to fay his Prayers on his Breviary ; but I continued ftill in the Chappel to fay my Prayers ufed after the tak- ing of the Sacrament. Then, after Rushton^ my ConfefTor, came-forth out of the Veftry, he went towardshisown Chamber, whither I followed him ; but. Sir Thomas Gascoigne haftily calling the faid Rushton, he laid-down his Breviary in his Clofet^ to which was no door, and is fituate near his Chamber ; which faid Breviary I taking up, found therein ihe faid Oath of Secrecy j of which Oath I had a fufficicnt Time to tiake a true Copy, and it • 547 is the real Copy which is before recited ; although when I took the Copy of the faid Oath, I never intended that any Protestant Ihould have fecn it. The fame Day were hallowed for myfelf two Piftols, which were to be made ufc of, for the Deftnidlion of the Protestant Party, if the Roman Caiholick Religion had prevailed in England. There were alfo Swords, Guns and Piftols hal- lowed for Thomas Gascoigne, Efq; and others engaged in the Popish Plot. And in the fiid Month oi February, I had an Indulgence^ or Pardon for Thirty Thousand Y cats, given me by the faid Rushton, my Ghoftly Father, for my Encourage- ment in my Proceedings of being fo zealous againft his Majefty and Government ; and the Penance enjoined me was, to fay every Day a Li- tany, for the Interceffion, and Convcrfion of England; but, if I did twice a Day fay the faid Litany, then (hould I each Day redeem a Soul out of Purgatory, But I have heard my Ghoftly Father fay, that fome Catholicks had their Indulg- encies for Fifty Thousand Tears, others a Plenary Indulgence to encourage them to be firmer to this Deflgn. Such a Plenary Indulgence I did fee in the Hands of Mr. Mowbray ^ about the latter "End of January, 1676-7. And the Litany of In- tercession for England is as follows ; I ''It ■•* "B It- ' ■; ■•<■ 'if ^ r 'iti •1 ^ 11 N a The 548 ■?^^, . *».'' • 3j Tfye LiTANV of Intercession for Ekglanh. m-r %: "^ V; LoRi> have Mercy on us, Christ hear ui, ? Ghrift have Mercy on us. Lord have Mercy on us, O Christ hear uSf O Father of Mercy, and God of all Con- (blation. vw ; Have Mercy on Enghnd. O Son Redeemer of the World, and of all . Things in Heaven and Earthy the Pacifier, Have Mercy y &c. Holy Mary^ Mother of God| and Mother of Mercy, Tray for England, Holy Mary^ who haft deftroyed all Herefies, jjray, &c. Holy Virgin of Virgins, famous in England for many Miracles, pray^ &c, - v > ti ^ St. Michael, Prince of the Church, pray, t5fc. ■' Su Gabriel, privy to the Myftcries of God, pray, tsfc, Sr. Raphael, faithful Guide of Travellers, pray, (^c, Hbly Angel, Prince of England, pray, ^c, St, /-» 549 ■pi -^it St. John Baptist, Matter and Form of Pcn^ 2iT\cCf pray, &c. . . » ^> x All Holy Paeriarchs and Prophets, Friends of God and Preachers of Truth, fraiy, ^c» St. Peter, Paftor of Sheep, and Prince of the Apoftles, pray, &c. Sr. Paul, Do&or of the GtrUiks in Faith and Verity, pray, (^c, St. Andrew, Friend and Lover of the Croi«y pray, ^c. All Holy Apodles and Evangelifts, and fpe- cial Increafers of Christinmty, Faith and Unity, pray, £jfc. All Holy Innocents (lain for Christ, pray, &fr. St. Stephen, pray, 6fc, St. Lucius, King, pray, (^c^ St. Alban, pray, &c* St. Amphtbale, pray, sjfc, St. Sophias, pray, &c.. St. George, pray^ &c, St. German, pray, ^c, St. Coleman, pray, &c, * St. KyHan, pray, &c. St. Adrian, pray, bfc. St. Etkelred, King, pray, tSc, Sjt. Tancon, pray, l^c. St. Isenger, pray, '?c St. Edmund, King, pray, &c. St. Edward, King, pray, irfc. St, Thomas of Canterbury, pray, ^£, , K3 AU i . j.^ ■>5 f m\ 1 M n m--wi 650 All holy Martyrs of Englandt Scotland, and Ireland, pray, &c. • ^: .^ * / , St. Fugatius and Damianus, pray, &c, '■ ' St. Gregory and St. Jugustine, prat/, &c, St. Ethelbert, King, /)r«_y, £sfc. Sr. Patrick and St. Columbe, pray, &c, St. Pethno and St. Cuthbert, pray, &c. St. Furseus and St. Malachy, pray, ^c : .. St. /oAn and St. David, pray, &C' St. Brandon and St. Fiaker, pray, Iffc. Sr, Archibald and St. Macarius, pray, &c. i . St, Mar i anus and St. Alexander, pray, ^c St. Bennet, St. Boniface, ^indi St. Bede,pray, &c, St. Dunstan, St. Henry, and St. Robert, pray, ^c, St. Richard, St. Roger, and St. Hugh, pray, St. Gilbert, St. Lanfranck, and St. Anselm, pray, £f?c. All Holy Bifliops, and Confeflbrs, of ^no^- /anc?, Scotland, and Ireland, pray, ^c, Sr. Helen, Queen, St. Ursula, and Sr. Agnes, prny^ &c, •''•' i^., ,jl St. Bridgit, St, Buryen, and St. 7ec/«, /)ray, e?c. .-^'^'^ -- = -^ Sr. Agatha, St. Mechtil, and St. Maxentia, pray, ^c, St. Christine zn^ St. JVinifred, pray, ^c, St. £Me//erf, Queen, and St. iWcrr^are^, Queen, pray, ^JjC, « -jf ^ w-v^ jVi .1, ^ ;^-., .....^ i-. t..i}jj,»u„-t j ., .i„ *.js^ 1^ - AH 551 All Holy Virgins and Martyrs, of Englandt Scotland, and Ireland, pray, Cjfc. ^ All BleiTed and Holy Saints of Places, pra^. Be merciful. Spare England Good Lord. Be merciful. Hear us O Lord, M From all imminent Perils of Siiis, and Back- Hidings, Deliver England, o Lord, From the Spirit of Pride and Apoftacy, deliver^ &c. From the Spirit of Ambition, deliver , &Ct From the Spirit of Rebellion, deliver, &c. From all Hardnefs and Blindnefs of Heart, ' deliver, &c* From all Surfeiting and Drunkennefs, deliver, &c. From the Defires and Liberty of the FleQi, deliver, &c» • ' ' From Hatred, Contempt, and Negled of facred Things, deliver, &c. From prophaning of Churches, and from all Sacriledge, deliver, &c. From the Tyranny and Cruelcy of Hereticks, which it now groans under, deliver, &c. From wicked and pernicious Councils, deliver, &c. ' m fri >: '1 J i t!S f 1 55^ tf% Shiners f God of Pity, m do beseech Thef mm y^:- :M' PI''' i ' to hear us. That thou wouldft ciiieft the Pope's Holincfs, and all Prelates, to pacify and govern the Church. O Lordf tee beseech thee hear us. That thou would*ft be pleafcd to bring again into this Kingdom the antient Catholick, Apoftolickj and Roman Faith, Xjordt &c. That thou would'fl: put into the Hearts of all Christian Kings and Piinces, Unity, Peace, and Concord ; and that their fer« vent Zeal may be ftirred up, to put their helping Hands to reduce it to the Obedience of the Holy See of Bome^ Lord, &c. That thou wouldft comfort, and fortify, all fuch as fuffer Imprifonment, Lofs of Goods, or other Afflidion, for the Catholick Faith, Lord, &c. That neither by Fraihy or Enticements, or any Torments, thou permit any of us to fall trom thee, ' o Xor Robert Bolron» ROME A GREAT Custom i^DU0e for ^in. A TABLE of the DISPENSATIONS and PAR* DONS for Villainies and Wickedncflfes of varioui Kindsj &e. With the feveral Sums of Money given, and to be paid for thein. M THE FIFTH EDITION. sea JtY jfNTIIOyY EOANE, B.D. Sometimes Confeflbr-General of the Kingdom of IRELAND, who was both a Spectator of, and A6ior in, thofe horrible Abufes, before his Converfion to the Proteftant Religion. And now Reprinted for the Bene6t of fuch, as either have themfelves, or would induce others to have, too favourable Thoughts of Popery* To which is now added an earned Difluaflve from Romifh Idolatry and Superstition: wherein other Grofs Enormities are clearly detected. LONDON: Printed for Johm Marshall, at the Bible in Graceckurch' Street, Joseph Marshall, at the Bible in Newgale' Street, aud Fsan. Burleigh in Amen Corner. 1715. 1 ■i 1 li ill 558 ^ ^t4 \} ' i'l TO THE READER. Mi k ft?'**.. .«'• '. iiiiiii •*} 'J ;* ■■■■ ■ ) THE following TABLE having been formerly published by one, who a great Part of his Life^ wandered in the dark Mists and Fogs of Popery ; and was (as he himself assures us J both a Spec- tator of^ and Actor in, those horrible Abuses, which he there exposed to public View: now ventures to come-forth again, in Hopes of pro- ducing the same good Effects, which the Author, (come to himself J proposed in itsjirst Fublication* / think it can never be unseasonable to expose a Religion so destructive of the Peace and Happiness of Societies ; so derogatory to the Glory of God; so contrary to the main End an,d Purpose of Christiainty ; and that persecutes with such an unrelenting Barbarity (where it can) those that have the Courage and Honesty to oppose its Innovations, There is therefore, in this Edition, added, by way of Appendix, an Earnest Dissuasive from Popery, as a farther Antidote against the Poison of Us pernicious Principles and Practices, % •U.1 659 Take in good Part, deader, what is her% offered thee; and, if in any thing thou shalt receive Satisfaction and Advantage, let God have the Glory ^ and the Editor thy Prayers^ w ■m n THV 560 \ . THE AUTHORS PREFACE. •:>', ml 1 HOPE you Clhai read this) will be fo charitable as to believe it is neither Gain nor Advantage hath invited me to lay-open this Warehoufe. and thus to publiih the Merchandize of the Popifli -Market; nor any hope thereby of fupporling my own Intereft (fince I know well enough how many Enemies a Work of this Na- ture will make me among fome Men) it being only to let the World fee that the Abufes that were long fince difcovered in the Pope's Difpenfations, are yet ftill in being; as is vifible enough by the Rules and Impofts of their Chancery, being neither imaginary, nor yet forged upon the Anvil of Malice, as fome Perfons will be ready to perfuade thofe poor Souls, who never had any Knowledge of the Corruptions of the Court of ROME, nor of the Nature of its Traffick. A great Part of thefe Papers I cannot command at prefent, by reafon of my Abfence from my native Country, or elfe I would have inferted them all ; which would have farther laid-open their abominable Practices ; though perhaps this may be sufficient (if not too much) in fo naufeous a Subject. The Papifts, without doubt, will difown it, and fay that this is a mere Fi6tion, and that fuch Things are not pradifed in their Church: but I am ready to prove, by my own Knowledge and Expe- rience, all I here alledge to be true, and able to make good, that, as all the Arts of Man could not have invented 561 Invented more grofs or villainous Sins than the Popifli Clergy do put to Sale ; that none but thofe Shriue- makera who maintain their wordly Pomp and GreaU nefs by fuch Handicrafts, could have invented liich a Way of wiping out Sins fo deftructive to a good Life, and the main Defign of the Chriftian Religion j fo if .you will but examine, and ferioufly confider the Par- .ticulars, you will eafily be convinced that none but themfelves could be the Authors of it. I can fafely fay that there are Hundreds even of the ordinary Priefts, that know not what it Means, bccaufe that thefe Arcana Imperii are always kept close from thtm, and reserved on purpofe for certain Perfons called Apoilolical Pcenitentiaries, to whom the AbfoIiUion of particular and heinous Sins is committed ; (as it was to myfelf in Ireland within thefe few Years) and of such Perfons, there may be one or two in every County or Diocefs, who, before they receive that Power, muft take an Oath of Secrecy never to reveal the Myfteries of their Church, but to keep them from the Knowledge not only of the Laiety, but alfo of the ordinary Priefts and Friars, and efpccially from any Man that is fufpecled to be of fo acute Parts, or of fo much Learning or Honcdy as might make him fcruple their Authority : And neither may it perhaps have come to the Knowledge of fome half-witted Fellows, who, either for Lucre, or Liberty, neither ftick to the one Religion nor the other 5 of which Sort of People we have divers amongft us in this Kingdom, whofe Names are not worth the mentioning by either Party; but as to thofe Sins commonly called refervedCaufeSf if any Man Ihall acknowledge himfelf guilty of any jTuch, m Confefiion to an ordinary Confeflbr, he can 2 Q only M W m I w I Il 562 v'-^tk- 6n1y tell him where the Pipe's Baiiken tt^it, who are to abfolve him, and will gladly receive him> fo he bring with him the Price of his Sin, and this great Pcenitentiary is thereupon to procure a BULL of In* dulgence and Pardon for all wicked Perfons offending in the Caufes here fet-down, and divers others* I would have faid more upon this Subject, and fet« forth more of their Cheats and Artifices ; but I hope, within fonie Time, to be at more Leifure, and to have better Opportunities of fetting-forth their Pranks and Policies to the View of the World. Lfliall now only beg of you to afiiil me with your Prayers for the Converiion of thofe Mifcreants who have fo highly deferved God's juft Indignation ; fince there is no greater Sign of his Anger, than when he ftrikes Men with fuch Blindnefs of Undcrftanding, that they take for Oracles whatever the Juggling Prlefis have in- vented for their own unlawful Gain, and, as it were, make a Mockery of God himfelf j — Men, who can fcarce be believed to have any Hopes, or Thoughis, of a Life -ifter this. I humbly fiibmit this Treatife to the Judgement of the kind Reader; and, if he think tlic Pains I have taken may any way ferve to demonftrate to the World the Enormities of the Court and Church of ROMEy arid perhaps convert fome that arc drunk with its Cup of Abomination; I (liull then reft fatisfied that I have not ill employed my Time^ 1 pray God to continue amongft us the Purity of his Gofpel, and prcfervs our Clergy from the Sin of Covetoufne^s, that fpiiitual Idolatry, which firft dehafed the Church of Chrift from its primitive Purity ; that fo we may more cfledually convince, if poflible, thofe poor deluded Creature;^ who are fold as Slaves to this Succeflfor ■ ' =• * rather )m C il ^63 rather of Simon Magus, than Peter, and unveil the Darknefs of his Kingdom ; which God of his infinite Mercy and Goodnefs grant, according to iihe hearty Prayers of — --^ Your Servant, in Chrift, - > ANTHO. EGANE. '!*-. ■:U ' ■'4/ M ..«' li t ,» ..; ^'- ^ ^ V So2 CIRTAIX «».' 5^4 CERTAIN ' ••>, ;. ., 6 3. '6:% Decreed Impofitions 'vin »f 5Q[)t CDdttcerp Court or THE >. Church of J20i/£, If!' ^^•' — 30 00 00 19 00 10 Of Marriage. IMPKIMISj ^. S. d, THEY that Marry in the fourth Degree, must pay for a Dispensation the sum of 02 04 00 They that have committed Fornication in the Fourth Degree, notwithstanding their Consanguinity which they well know, shall pay — — For legitimating of Children that shall be born of a Conjunction in the fourth Degree Those that have contracted Matrimony in the fourtli Degree, and being ignorant of their Consanguinity, and after being sensible of their Relation, having carnally accomplish- ed their Marriage^ must pay for their Dispen- sation — — — They who have carnally sinned in the fourth Degree, benig ignorant of their Consanguini- ty, their Dispensation is — — For such as have been sensible of their own Consanguinity in the fourth Degree, and nevertheless contracted in Marriage, tho' not consummated^ their Dispensation is -^ 27 00 06 16 00 06 > 39 00 10 But 555 •I '11 But if that Marriage be consummated and - ^ .<• • t carnally accomplished, you are to ngree with the Prelate, for legitimating of such ChiU dren as were born before a Divorce given by the Ordinary, at the request, or unanimous consent ot both Parties ; the Dispensation is 09 00 10 t ji Marriage in thejifth Degree, \ WHcther it be of Consanguinity or Af- finity, is dispensed for the Sum of 40 00 04 Besides the gratifying of the Prelate for a Marriage in the second Degree, whether it be for Consanguinity or Affinity, the Pope himself or his particular Emissary^ is to give the Dispensation for — — 100 15 06 The Dispensation of Marriage in the first Degree of Affinity, is made only in Con- science, yet you are to pay, or according to the ability of the Party •— 1000 02 03 ,1 . s. d. 04 00 00 00 00 10 00 05 00 05 00 10 But i; 00 0^ — — 59 00 03 A Dispensation for Gossips, FOR such as are of a Spiritual Affinity and shall be contracted in Marriage In all other Causes belonging to Gossips, none but the Pope or his publick Penitentiary sede vacante dhpensis jut. If an Adulterer or a married Man seeks his Wife's Destruction, he cannot obtain any Dis- pensation to marry another: but, if he hath contracted Marriage, and that the Matter be kept secret, he is to be dispensed-with ia Conscience ; but he shall pay If a married Man attempts to kill his Wife, and eilects it not, and hath not promised Mar- riage to another, he may have a Dispensation to marry another, after the Death of the tirst for — — If a married Man before the Death of his married Wife, marries another being ignorant of tlie first Marriage, if it so happens that the first Wife dieth, he shall take to him the se- cond, provided the Ceremony of Marriage be 3 3 — 36 01 00 — 29 02 00 renewed J ''.i r,; i-li HI r 566 renewed ; an^ he cannot be Divorced, with* • v out the consent of his Wife, who was igno- rantly Married, or contracted, unto him before, and then the Disiiensation shall cost — 19 02 Oa If a Man who has been a long while ab> sent, supposeth that hiit Wife is dead, and he Marri«th another, and liveth with his second as with his married, during the time he sup- posed his former to be dead : But if his first Wife shall happen to come again, he shall forsake the second and live with the firi>t ; but he shall pay for his Transgressions — 29 02 0^ A Dispensation for such as have Vowed Chastity during life is given only by the Pope cr by some extraordinary great Prelate ; but it shall cost •— — 16 OS 06 He that hath Vowed to be a Monk, so that the Vow be not solemn, he may be dispensed ivith according to Conscience for — • 15 04 CS Butj if in his Dispensation be added this Clause, « that if this Wife die, he shall be obliged to keep his Vow," yet hemay have a Dispensation to marry again for — 27 03 0(> If a man who hath taken Holy Orders (provided it be kept seen t) happens to Marry« he m^y have a Dispensation tor ket^ping his Wile as long as she lives, provided that he shall not Marry again after her decease ; only he shA\ say his Divine Office upon Festival Days, and that by way of Satisfaction, and he must also pay for hii> Dispensation «»• 35 04 00 06 The Dhpemation for Jews, A Dispensation for a Jvw, for having a Synagogue in his own Housf, shall cost 300 01 For Ereciing a new publick Synagogue roust be paid — — 603 J 5 00 A Jtw ihat will be authorized to practise Ph)'Mt.k, or Chirurgery, with the Clause of Asslitaijce, must pay — — 60 15 00 Dispematkni 5G7 ii Dispensations on the Age of those that take Orders, A Child flt lix Years old shall pay for his Clerkship, and first Matriculation 1 9 02 04 A Youth of sixteen shall pny, for his be- ing made Sub-Ueacon, the Sum of — 22 At seventeen Years — — I6 For being made Deacon at the age of •ighteen — — — 32 At nineteen for the same — — It) For beingOrdaincd Priest at two and twenty 32 At four and twenty for the same — • I6 03 02 00 00 02 00 05 00 00 00 00 00 To take Orders, tvhere, when, of whom, and in what number, one pleaseth. TO take Orders from any other but his own Bishop, the first Clerkship and the four small Orders is To take, according to a Man's Will, one, two, or all the Orders, must be paid — 33 02 IQ For taking Orders, except in Ember week> For taking Orders from such as have Au» thority to use Benediction from an Abbot From a Bishop — — 14 01 00 10 02 10 34 24 02 00 OQ 00 Dispensation for such as are Defective, or he- witched, in avy of the Members of their Bodies^ , in order to take Orders* FOR a Man that wants any Member of his Body, if he takes Clerkship, as to the four small Orders «» — . 36 02 00 For him to be admitted to Orders of higher degree, must be paid the Sum of — If he hath lost one or more of his Fingers, a Dispensation for holding a Benetice shall cost him — — — But if be hath almost lost his left Eye, he ,inust pay ~ — 2 o 4 46 03 00 52 03 06 — 40 00 00 Yet -u • % ^1! Ii 568 Yi't wiih a Proviso, (hat he holds his £ook, or 3 bheet of Paper containing the Ca- non ot the Mass, on the Middle of the Altar j but if he hath lost both his Eyes, or one of hh Stones, he must pay — But T*" he be deprived of all 'his Privy- menibersj he must may — 56 02 od 113 03 05 BlrK ¥''■■> \y ' J] For such as have taken Orders legally as tkey^ ousht to have done. T^OR those A' that shall '4ake Orders under .j^e, the Dispensation shall cost For the Irregularit> of one that hath taken Orders from any other Bishop but his own Diocesan, without leave from bis Prelate, must pay for his Dispensation If a Bull carries a Retention of a Benefice, the Dispensation shall cost — For him who hath taken Orders unlawfully. It will cost — — And if there be a Retention of a Benefice, he must pay — — For a man who by the Collection of a full Tenth, was admitted into Ordt rs, that is to say, without taking or bringing Credible Witnesses to aver the Truth, hisDispensatibn shall cost — — For one who by express Orders, renounc- cth the Orders of a Deacon, or Sub-Deacon, 'which vefe before conferred upon him, he is to pay — — — He that in one and the same Day hath taken two, or more Orders, to the end he may im- mediately ofiiciate, shall pay for his Dispen- sation — — . — 07 02 03 — 07 02 03 13 03 03 07 02 Ot, IS o3 03. 07 02 Ol 12 •v''* '■•- ;;-fe '>^i.-t' 06. 03 07 • M 02 QQ Dispensations for such as are employed in the Service of the Church without taking Orders, • IF any one being neither Deacon nor Sub- Dtacon, exercise, such an Office, he must pay — — ^ - — 12 0^ 08 And .' > 03 OS r as they ' 02 03 02 0^ 03 03 \ 02 01^ 5 o3 0$, 02 01 03 oy 02 05 ■ i in the rders. d3 OS And 569 And if he hath a Bull for a Benefice, he Is to pay — — — 18 04 09. If any one who \% not a Priest fhall take upon himself to say Muss, or to Administer the Sacraments ; if he intend to take Orders afterward, his Dispensation shall cost SQ 09 C8 Dispensations for Bastards. FOR admitting a Bastard after the old man- ner to holy Orders j and to capacitate him to hold a Living, wherein is a Cure of Souls, he pays — *-• And if that the Clause of impowerlng him to change his Benefice be added, he is to pay If a Bastard, knowing himself to be so, af- terwards shall take Orders, he must pay If he change his Benefice, he is to pay If he changeth two, he is to pay — If three — — . But if he officiate in the Behalf of his Fa- ther, present or absent, he must pay And if he be a Bastard found by chance, he pays — -. — Dispensations for Monhs* Bastards, Dispensations Prized. ■I 05 01 01 07 07 03 07 07 03 06 02 00 12 04 00 18 04 06 07 02 00 C6 02 00 FOR a Mendicant's Bastard turning Monk his Dispensation is — For a Mendicant to be made Provincial of an Order, or first Guardian, or capacitated to any other Dignity : If Monks that have Re- venues, and not Minors or Mendicants, they may have a Dispensation for as high as an •Abbot, for — — . - 06 02 0» 01 01 00 V, ,'>..'! i '1 h >i .#i".Vil^1 'rr. 4 DispensatioTu 570 }. f)ispensations for such a Pcrxmi as uas onet Married^ and at the second took a Virgin to his Wife* I^OR a Man who hath been once Married, be may afrcr her decenxe he admitted ii)> to Orders, paying for his DiNpensaliun 06 03 00 And, if he will enjoy Privileges, he must pay 02 09 09 Dispensation for Persons that have had two f Fives* v'l ■« A Man that hath been twice married shall be admitted to his first Clerkship, or to the four small Ordtrs, paying for his Dispen- latioa . -» «• ... 12 03 04 For the Apostolical Chamber. mi.^^- BUT if in his Bull is added this Clause, if he chance to Marry again> he shall pay And if the Bull contain this Clause, if it happen he bath already had two Wives and that he shall marry the third, he sliall pay And tf this Bull for a Man that hath had two Wives and is a Widower, dispensc« with him to have or to keep one simple Benefice, he shall pay, besides the afuresaid Tax, He that being married, and conceals that he had two Wives, and yet takes his Unt Clerkship, must pay A Knight that hath had two Wives, and after being a Widower, if he enters into the four first Orders, be shall pay for his Dispen- sation — — ~ A Man having had two Wives, having al- readjf procured his Dispensation from the Pope, to enter into Orders and to ofHciate the Place of a Canon, may ytt have a Fi'.cully for two ecjual Benelices, paying only 18 04 09 OS 04 OS 24 06 00 — — 21 05 06 12 03 00 •'fHV 24 03 00 tV,.i*T >A-fVl Pardons 671 ! I'fft onee ''irgin to 03 00 09 0^ \ad two 03 04 Pardons and Dispensations for Soldiers, 36 09 W HE that being a Soldier for the CaMiolUk Cause, and neither kills nor ^oi'm** any in War, nor causcth any to cJo it, i» to pay — — - All Priests who have assisted at the Judg- ment, or given their Advice in Wiiting in any Crioiinal Cause, shall pay each Person 36 Op OO If any Man shall strike a Clerk or Priest, lie ihail pny the full Sum of ->• But if an Abbot or Prelate, it must be If any Man shall itrike a Bishop, or such an extraordinary great Prelate, ii must be 05 12 02 03 Dispensations Jbr JVounditig Persons* 03 03 34 06 €0 04 09 04 Of 06 00 15 06 3 OO ; 00 rduns HE that Wounds any one of the Clergy in any of his Members, his Pardon aud Dispensation shall cost — But if it be a simple Pardon without Dis pensation it will cost •— He that Wounds an Abbot or Principal Person of any Order, must pay — if a Bishop, it shall be — But if one Lay>Maii Wounds another, he is Pardoned ibr — — 18 04 Cip ~ 06 03 OO 06 la 00 00 00 00 00 00 Off Dispensations for Murders or ivi/ful Homicides, A Murderer having taken his first Orders, can have a Dispensation for holding one simple Benetice ; and, if that be not siifiicient, he may have two or three j hiring Ins Pardon for liie Murder he hath committed, for But, if he will have the Privilege of the Clergy, he must pay — It' it be with tiie Itiliibitory Clause, it will CQSt — — 12 05 0& 18 04 00 — 20 07 06 To bn i •II w. — 01 — 24 To have a Dispensation for holding three Benefices, except the Bull runs so that h« may hold as many Betit-fices as lie stands in need of, he is to pay — Eut if he hath the Ball to his advantage, he pays — — But, if a Person, being wounded, dyeth not of the Blow that he halh received, but thro' want of good Attendance or the like ; or, if he that gave the wound intended not to kill him j he may have a Dispensation for the Older of Pritsthood, and hold Ecclesiasti- cal Benefices, for — — The Dispensation of a Murder perpetrated by a Bishop or Abbot ; or by the chief of an Order or Knight, it shall co^t If a Friar, or Guardian of a Monastery, kills a Man, it will be — — A wilful Murderer, having already taken Orders, was before ('ispensed-wiihal to sing a Hail Mary in the Church ; if he has Power impowered to held an Ecclesiastical Benetice, he is to pay — — But if there be many accessary to the Murder, every two are to pay amongst thtm — — If one be fonnd gniltyof many Murders, in the same Time and Quarrel ; he is to pay for his Dispensation If in sevcial Quarrels, he ff.ust pay double — — — For an Ordinary Man who hath commit- ted Murdir, is rated at Wi". acc ■ ^ ft' 57* tte that killi « Biskep or any other Prelate, must pay — — 36 09 00 He that having killed a Piieft, if he holds his Beueficc, must pay for his Dispensation 02 02 00 Dispensations for suck as have killed Lay^Men^ F^R murtbering a Lay-!!^o, the Dispen- sation is ^ — 03 02 04 But if one h:ith killed mmy Lay-men in one Quarrel, he is taxed but tor one, and his Dispensation is according to the Confessor's Discretioa — — 04 01 09 Dispensations for Parricides, MUrthers committed on the Persons of Father, Mother, Brother, or Sister, each Person's Dispensation will cost — 04 01 09 If any Person killed or murthered his own Wife, it shall be rated as that of Parricide, viz. — — — 04 01 08 And if he who hath murdered his own Wif& and marrieth another, his Dispensation is — — — 08 02 09 And if those who have assisted the Hus* band in the Murthering, are included in the Pardon or Dispensation, the Tax is 02 00 00 Dispensations for such as have killed their oum Children, IF either Father or Mother, Sister or Bro- ther, do strangle or smother an Infant, they are to pay — But if a Stranger that hath murthered an Infant, he pays as far as a Lay-man, viz. But if the Father and Mother do strangle the Infant of an unanimous Consent, ihty tnuit pay — — -. -* 04 02 00 63 02 04 09 02 00 Dispensations 575 Dispensations for IVomen that Aliscariy, SHE that takes any Potion to destroy the Fruits of her Womb, or the Father who causeth his Wife to take the same, they are to pay — — — 04 01 08 But if a Stranger that giveth the Potion, he shall pay •« — 01 91 08 • • . t. Dispensations for IFizards and Sorcerers* ■4 r <•(! A Witch ©r Inchantress, at her Abjuration mtdi of iter Sorcery and Inchantinents, ■hall pay — — 06 02 00 And if she foUoweth the same Trade, after Abjuration, she shall pay — 12 04 00 Dispensations for Hereticks, S i\. I i 02 00 02 04 02 00 ensatiom A Pardon and Rehnblliiation of a Here- tick, drawn in an ample Form ; with the Inhibitory Clause before he had made Abjuration, is — — 3G 09 00 If he be a Lay-Man, and that the Bull cantaineth an AbsoUuiun of Infamy, he is to pay — ~ -1 12 03 06 And if the Inhibitory Clause be add-jd, he IS to pay more — — 12 00 00 Dispensations for Churcfi-Rohbers, Thieves, Incendiaries, Plunderers^ liavishers, Perjur' ers, &c. Pardon and Rehabilitation for any of these Crimes, with the Inhibitory Clause, A will cost — — 36 09 00 For Simony, A simple Absolution for a Simonist, let him be either Secular or R( gu- lar, is • • - 36 09 CO But II 576 Bitt If the Dispensation be for Irregnlarltf* and that it will capacitate the Person to re* !;,;,1 ceive Holy Orders, and to hold Church Bene- fices, he must add — — 05 02 00 And if the Dispensation be to officiate ^-• in other Benefices, besides those which he / liath acquired by Simony, he is to agree ' ' with the Ordinary, and if the Simonist re- quires his Pardon, it is dispensed according to the Discretion of the Confessor ; with an Authority to keep his Benefices which he got by Simony, whether he hath already obtained the Profits or no, witli the clause nuUis only, lie is to pay — — 03 07 05 Dispensations for Carnal Sins, or for all sorU of fVhorings, A Priest, or Frier, having lain or carnally sinned with a woman of whatsoever sort or degree, whether a Nun or a Kinswoman, or a Relation, or with any other, whether married or single, whether within the bounds or Cloisters of his Monastery, or elsewhere j whether t!ic Absolution be made in the Name of the Clergy or no ; it gives iiim Power to exercise his Function, and to hold his Liv- ings ; and that together with the Inhibitory Clause, is only — 36 09 05 ^ Difipcnsation for Bugger?/. AND, if, besides this, there be an Absolu- tion for Buggery, or for unnatural sin committed with Biute-Beasts, a Dispensation together with the Inhibitory Clause, will come to — — — A simple Absolution for the sin of Bug* gery, or tlie Sin contrary to Nature, that is to say, with Brute-Beasts, together with a Dis- pensalioii and the Inhibitory Clause, is , A Nun having played the Whore very "often intrd. aut extra se^ta Monasierii, is to -■A go 12 01 / .-I A - 3G 09 00 be 577 bo absolved, and reliabilltated to hold the Dig- • - . nily of her Older, for — ■— 3(3 09 00 An Absolution for one that keeps a Whore at Bed and Board, with a Dispensation to hold a Benefice, is — — 04 05 06 For all acts of Whoring, or such dishonesty committed by a Layman, he is to be dispensed with for — — — 06 02 06 A Layman having committed Incest, is to pay — - — — 04 06 00 A Layman jiaving committed Adultery, is to be absolved for — — 04 00 00 But If it be Adultery and Incest together, he is to pay — — 06 02 00 For the Adulterer and Adulteress togetlier, is — **» — 05 06 00 Dispensations for Trespasses. ill ^ 4 •I HE that buries the Body of an excom- municated Man in any Sanctuary, must pay — «n» — A Licence for Irregularity with power to enjoy a Benefice, is — — And if be keeps all that he had already ob- tained, it is — — — For him that conceals the death of ano- ther, Lucri Gratia — — A Priest having ignorantly said Mass in a prohibited Place — — But if he knew the Place to be prohibited, and that the Prohibition was by the Ordinary, he is to pay — — If by the Pope, he must pay — A Priest having made a clandestine Mar- riage, and said Mass in the Presence of the married Couple — — And every Layman that was then pre- sent — — — 2 p 06 02 06 09 02 00 12 03 09 09 02 00 06 02 00 OS 02 CO 12 03 06 06 00 00 03 '00 00 II 1 t 1 1 V 1 1 ^ ■ N fei 578 If any Man liinders the Fxecutioii of a Eull> or Apostolical Mandates, his Absolution will cost him — — 36 12 09 03 00 00 12 03 06 And every one of his Assistants must pay A Merchant having brought Warlike Wea- pons among the Saracens, except he brings some profitable Goods back in exchange, he is to pay — — But if he hath brought considerable Goods he is to agree with the Prelate. If a Servant retains the Goods of his de- ceased Master for his Wages, after being ad- vised to restore them, and will not, he is to be absolved for — — A Bishop having sworn to take a Voyage to S/. Peter's in Rome, and never performed, he pays — — The Absolation of a spiritual Sentence of Excommunicaiion given out by the Ordinary 06 02 06 But if the said Sentence hath been given out of the Apostolic^ Seat, it must be 12 02 06 C6 02 00 12 03 06 Dispensations and Pardons for Irregularities, AN Absolution or a Dispensation for Ir- regularity, is — — And if there be a general Absolution for all Sins, it is — — If the Irregularity hath been cause of giv- ing of Judgment in some criminal Matter of Fact, and that there was not an Absolution for the Fact, but only an Absolution for In^my, with the Inhibitory Clause, it is only And if in the Bull be a Dispensation of Irregularity and License for a passing such Judgment afterwards as often as occasion did require ; and aUo Authority for being Advocate in Criminal Causes, it will cost But if the Bull contains a general Absolu- tion for all Sins passed^ or for Sins not yet 03 13 00 08 19 00 03 07 00 — 45 OC 00 committed ; 579 36 p9 00 12 03 00 12 03 06 committed, and also fcr all sorts of Irregu larities, it will cost — He that is guilty of Irregulnrlty bv reason of exercising the Profession of a Physician must pay for tic first Dispensation And, if the Bull alloweth him a Permission to follow his Profession in tlie future, shall pay more ~. — — 50 12 oa — 56 09 00 — 05 02 0§ 36 02 00 2 03 06 '6 02 06 2 02 06 larities, 5 13 00 8 19 00 » 07 00 ' OC 00 immitted ; Dispensations for Burials. AN excommunicated Pereon deceased, or one that died a violent Death, his Ab- solution shall cost his Friends and Relations O'S 02 00 But, if the Body be buried in a Sanctuary, it will cost ~ — — 1 2 03 ()6 Dispensations for changing and moderating of I'unishments, A Simple Moderation of Banishment or perpetual Imprisonment, will cost The Moderation of BanisUment from ten to fifteen Years, will cost — Or if the Bull contains a Dispensation for Irregularity, and a Permission fir exercising the Office of a Priest, it will cost — The simple Moderation of Banishment, or Imprisonment for ten Years, together with a simple Dispensation or Absolution of the Crime committed, will cost — And if the Bull contains a Clause of Ass'st- ance, it will cost, besides the foregoing Tax, A Priest being suspended by his Ordinary from saying Mass, by reason of being troubled with the falling Sickness, must pay for his Absolution and Dispensation — And his Bishop is to give him License to say Mass, with a Proviso of being always assisted by another Priest. 2 P 2 04 10 00 36 09 00 50 12 06 25 06 00 05 00 00 06 02 06 Dispensations ■Bl j80 Wi n^. Dlspciuaihm of Oath, ill nj "'HE Dispensation of an Oath or Con- X tract being given, to the end that one may not be driven or expelled from his Occa- sions or Employments, will be had for But if the Bull doth contain the Inhibitory Clause, together with an Absolution of In famy, it will cost — And if many arc comprehended in the same Fact, every one of them must pay And if there be many Contracts for the same Thing and amongst the same Persons, for each Contract must be paid, besides the Ordinary Tax of the former — A Dispensation for one that hath sworn to take his Degrees, in one University, and neglected his Promise, so that he could not get his Degrees, his Tax will be -- For an Oath that cannot be kept without incurring everlasting Damnation ; as for ex- ample, a dishonest Vow, «r some wicked Pro- mise, the Dispensation will cost — And you must take notice, that there is difference between the Tax of a Bishop, Ab- bot, or General of an Order, and the Tax of ordinary Men ; for the Prelates are left to their Confessor's Discretion 07 oa oa — 56 09 06 03 00 00 03 00 00 06 02 CO 06 02 00 I ' y- Dispensations for the changing of a Fbw, A Man having vowed, but not solemnly, to take the Habit of some Qrder, or Religion, to the End he may change his Vow, he must ha\'e a Dispensation which is made in Conscience, it will cost but If a Man hath taken a Vow of Chastity solemnly, he is to have his Dispensation for not keeping his Vow, if need be, but he ii to pay the Prelate ^be Sum of — — 15 04 00 15 04 CO If 581 If any Man, af^er taking an Oath of enter- ing into a religious Life, takes a Fancy to marry rather than to perform his Oath or proceed according to his Vow, lie is to be ab solved dejure, only he must pay And he shall be enjoined, in tlie Bull> to stand to his Vow in case he outlives his first Wife. For the prolonging of the Term of Vows, to go to the Holy Sepulchre, or to Saint Pe- ter's at Rorne, provided there be a lawful Cause for it, yet a Dispensation will cost — If the Dispensation be for two Years, it will be but — For changing the Pilgrimage of the Sepul- chre for another, you must pay Besides gratifying the Prelate, to change one Vow for another, will cost — For getting a Priviledge from fasting or a Permission to wear another Habit, rather than the Habit of the Order wherein one took his Vow and made his Profession, is If the Bull contains a great number, the first Man must p:iy a whole Tax, and every one of the rest a half. But if they are not related, and all of one House, every Man must pay the whole Tax, ut supra. But if it be for a Chapter, or Convent, or some great College} and tliat the changing of the Vow, shall be for a Perpetuity, they must pay — *• -^ — 15 04 00 09 02 og — 04 00 01 — 12 OS 06 06 02 06 ~ 06 03 0(1 \i 100 00 00 Dispensations for changing the Iluurs of Prayers, THE Knights of Malta, and such others, who would not be confined to any cer • tain Time nor Hour, but to be left to their own Pleasure, their Dispensation will cost 10 03 06 A Reduction or changing of Divine Service for one that is defective in Sight, or has any other Impediment, is — 12 00 06 •?. p 3 H* m 582 H« flint layt'th asifle \be Cnstoin of his own Order, ;incl iisc'th that of iinotlior, ttiiist pay i'ov his Dispt^tisaiiou — ~— It a Ch:ipt( r or Convent would clinnge Uieir Liturgy, their Dispensation will cost And if th« Bull will nutliorize them to al- ter tlu'ir Prayers, that is lo s;iy, to rihearse the last for the tirst, and the tirst for the last, the Dispens.iiion will cost -~ 09 02 06 (10 15 00 ■ > ' ' 100 15 00 Dispensations for doing conlrarjj to the New 'J\'s laments ' •^1 ^HE ordinary Tax hereof is — t -■• I'he rcnioving of dead Corps from one place to ;)nother, or to transfer a Congrega- tion, or the Mass, that in to say, into any Place, only that Place which was appointed for it, a Dispensation Miill cost — 12 06 Q(i CO 00 00 -*'.v Dispensations for the RcducUon or Dimivution of the Mass, ,te T cost O reduce or shorten a Mass \vben the Revenue is small, tlie Dispensation will — . 04 03 06 And if the Inhibitory Clause be added, you must pay — — If a Rector of any Benefice desnes a DIs- £ensation for abbreviating the Mass, and that e would have this Dispensation to be for hitu and his Successors, he may obtain his Request, but he shall pay — If it be a Chapter, College, or Corpora- tion that desire such a Dispensation, they must pay — _ - C8 06 00 ♦,-". .- — 30 10 00 40 10 00 DUpensaiions 583 Dhpemations for Covjirmationst I"' HE Confirmation of a Statute fof a Ca- thedral, will cost — If it be for a College, it will cost but Tlie Confirm.ition of a league or Agree- ment made between two Persons of Quality, provided that their being in Amiiv, Peace, or Charity one with another, will be rather to the Advantage, than to the Disadvantage of the Church, and th:it their Agreement will be according tu the Canons of the Lslw, will cost but — — All ConfirmatiotM of the Alienations of Ec- clesiastical Goods, are taxed at The Confirmation of ii Statute concerning a certain Numt)er of Ecclesiastical Benefices, will coit — — A Confirmation for an Erection or He- serve of a Right of Patronage, will cost ac- cording to Value or Profit of the Patronage, at least — — The Coufinnation for a perpetual League or Alliance made by the Oidinaty, for a Fact which the Law allows of, will cost but 80 60 19 15 00 03 12 03 06 — ]'2 03 C6 40 10 00 23 15 09 50 00 00 Dispensations for Benefices and Rights for the Poor, f II A Prescript to choose a TernatiVe that one would, or for to confirm unto a Poof Man the term of live Years, with the choice of Paymasters and Creditors, will cost And if the Clause Derogatory be added from the Law, wiih Orders lor Bankrupts and Brokers, in a certain Way and Form payii!g their Creditors, it will cost — But if it be for a Clerk, and granted in a Cha^Uer, it will be — . 05 00 00 08 02 08 2r 4 — 05 01 06 And 5S f • And \C tlie Bull cnnfains an AbsoliUion tVoiu Kcdcsiastical Censures, it M ill cost Oli 01 06 And if the Hull hrings Dispensations for Irregularities, it will cost — go 02 Ct) Dhpenscitions for Dpclarations, \LTi Declarations of Law, wlirihcr it Iir Matters of Religion, or Muider, or any other thing, are ordinal ily taxed — ' 05 02 C6 But if it be in cases of M.itrlmor.y. it will cost ~ — ' — 09 03 0/ For Transumpti^^, \iclc:niis, k per Intic valcre. ?:-^'; 1 F any Priest having lost the Letter* of his •* Ordeis, comes to the Bishop which ordain- ed him before, then he must pay for the re- newing his Letters and his Commission again, t!ie Sum of — — For a Letter of Indictment for a Fact com- mitted in the Time of Supplication, though it was no Hindrance to the Confessors ci the Bull, neither occasioned the ahcring or chang- ing the Rate which was set before upon the wid Bull, will cost — — But if the Rate or Tax was changed, and that it exceeded Six Pound, yoa must pay the- Qverplus C6, 02 00 06 02 00 Licenses and Dtspemut ions for Jndulgencies,- A Licence for transferring a Parish Church, to a Monastery with ail thingst thereunto belonging, will cotti — — And if the Bull mentions a Profanation of the Place> where the said Church was first erected, it will be — A Licence for Building a Font for tbe Cjiristening of Children, is — 21 06 OS — 40 00 00 24 06 00 for 585 100 24 — 12 03 00 — 48 0:) 12 18 — 40 For builJ'mg a College Church, or the thanging a Piirochial into a Colleyial, is To build a Tarlsh Church, and therein to erect a Font, is licensed for — A Licence for transfi?rring a Churchyard, or a Sanctuary, unto any temporal use, will eosl — • -— And if ihis Alieration is mnde upon the Request of a whole Corporation or City, it will cost -«.—.— A Lirencc to transfer, or remove Relicks from one Place to another, is — A Licence for saying Mass in an execrated Chapel, is — — And if the Bull holds a Privilege for erect- ing a Paiochial Church in that Tlace, it will cost — — A reserve cf a Right of Patronage for ones self and Heirs, will cost — To build a Shop in the Alley or Entry cf any Church, will cost — A Licence for erecting a Frateruity and a Nunnery, together with a Permission for their being conversiint one with nnotlier, and aKo Authority to confess one to another, and for keeping a neat Altar j and for receiving the Sacrament at their Pleasure — To change the Feast of St.DUacus other- wise than afier the Manner and Order of that Kubrick de Translationem ojficiis, w ill cost A Licence for saying Mass in all Places, will cost — — For one Priest to r.ay Mass twice a Day, nay three times, if he be in terra kartlicd But if a Ccilege, Church, or Chapter, or a Corporation of Secular Prie»ts together, de- sire this Privilege, it will cost them A whole City being interdicted, yet the Mjiyor, Aldermen, and Burgesses of that City may have a Licence to hear Mass in their own Houses, and may also be buried in their own Chapels, paying for their Licence ~ 100 00 OO 06 07 12 12 09 05 12 06 02 OG 03 00 03 Ol) 10 06 03 00 01 02 0() 13 0(5 00 00 03 06' too 18 00 06 00 But J 586 I lift; ' 00 00 00 00 00 00 03 od 00 00 But if tliey will have an Aliar pwtahUe, that ifj, a portable Altar, they must pay more 08 If the Buil be for the Husbai.d and the Wifi:, it will cost — — Op And if it comprehends their Children, the Tax will be — -- 13 A Licence for saying two Masses before Day, in nisi fuerit, in terra harflico, or at , Christmas Dav, when every Priest is bound to siy three Masses, will cost — 12 To publish or to lay in Sheets, must pay for his Licence A whole Convent of Friars having a desire to change from ox\€ Order to another, must pay for their Licence — — But if the Order to which they alter be the more straight, they pay only — But if they change one Convent for ano- ther, with the Revenues and Utensils, and ali ■— 12 03 06 IS 04 CO — 24 0<5 00 12 03 06 12 03 C6 40 10 00 12 03 00 other 5S9 other Goods, the Prior or Guardian of each Convent, must pay — — 06 00 00 A Licence to live in a Hermitage, will cost 12 03 06 An Apostate having renounced his Habit and Order, and being again desirous to turn to his former Profession, must pay for his Transgressions — Lastly, If any Man have a desire to wear the Habit of any Order privately, or under his own Garment, he must pay for his Li- cencej the Suna of — — -- 10 03 OG QG 03 06 T/. ■ 5»- 13 06 3 CO- 9 CO \ 06 'fV ?)t"» TU2^ 590 hi It Hi -' 'I THE P O S T S C R I P T. •'I ' >■■ . \ ND now I hope I have made gooxl that I pro- mifed, fufficienlly difcovering the Cheats of the fe Merchants of Suuls ; and therefore your Charily v, ill give m« leave to fay with the Aposile, lomim certa- tnen certavi, though I have not mentioned half the Abominations that are praftifed in this Kind, hut I hope tliis is enough to prove, that Money, rather than true Repentance, is made the Ground of the Abfi)lu- tion of the moft heinous Sins : But I hope God will give me more Leifure, and better Opportunities of dc- tc^ling the Wickcdnefs of this myftical Babylon, and then I engage never to be weary of the Defign I have undertook, in declaring to the World the Enormities of that Church, whereof I was once a Member, and was (though ignorantly) as great a Deluder as any of them. But thanks be to God who hath opened the Eyes of my Underftanding to difcover the Light of liis glorious Gofpel, which I acknowledge as his in- finite Mercy, and who hath enjoined me, being now converted, to ftrengthen my Brethren ; and, therefore, I befeech yon, as you love God, and tender the Salva- tion of your own Souls, to deteft not only the Vices thcmfclves, but the Manner of forgiving them, prac- 591 tifcd in the Church of ROME. And beware of its Mifiionarics, who go about like Wolves in Sheeps' cloatliiiio;, feeking vhom they may devour; and have no othe. Knd, but to breed Confufions amongft us, to make us break the Bond of Union and Charity, in which we ought to be united, in one Lord Jesufi ; To whon:, be all Honour, aud Glory, World witk^ out End. 'M »at r pro- 5 of thcfe ariiy V. ill 'w cert<7- half the kI, but r Iher than Abfolu- God will es of de- loffj and n I have ormilics ber, and 5 any of ned the .ight of his in- ng now ere fore, i Salva- e Vices , prac- tifei^ THE ABSOLUTION. ¥ Have here fet down for the better Confirmation and Juftification of the Truth of this BOOK, the particular Form of Abfolution, that thefe Miflionaries do ufe to fuch Perfons as do confefs to them, and this is called Abfolutio gratialis, and is raoft connnonly iifed to Sick Perfons. After the Penitent has confcfled his Sins, the Miflionary begins his Abfolution after this Manner : Misei'eatur tut omnipotens DeuSy & dimissis omnibus peccatis tuis, perducat te ad vitam (Cternam. Amen, Indulgentiam, ^bsolutionem^ ^ Remissionem omnium peccatorum tuorum trihuat libi omni- potens ilf misericors Dominus. Amen. Delude 593 De'uule Lijiingit ptrnitentiam, sicut ipu vidchitur conveniens^ ^ postea didtj W~\Ominus noster Jesus Christus, ie ahsohat : & egOf Author'ttnle ipsius qvd fungor, te absolvo, hnprtmis ab omni Vinculo e:vcommuni- cationisf majoris & minoris : (Sifuerit C/cricus, dicetj suspensionis aiit interdict i, si forte incur- rit:) & delude absolvo te ab omnibus peccatis tuisy Cs? ab omnibus pcenis tibi in Purgatorio debitis pro peccatis & delictis, £s? restltuo te unitati ^ participatloni Ecclesiic : & virfute ^et^ authoritate specialimihi i}ihdcparteCommis<;d^ restituo (: illi Innocentice in qua eras quando baptizatus fulstl; ^, si hdc vice nan moriarisj reservo tibi hanc gratiam pro extremo mortis articido, in nomine Patris ^ Filll, ^ Spiritm sancti. Amen, Jesus. Passio Domini nostri Jesu Christi, ^ merita Beaice MariiP semper Firginis, 6f omnium sanc- torum ^ sanctarum ut quicquid boni Jeceris, vel mali patienter sustinueris, sint tibi in Remis- sionem peccalorum, augmentum gratia^ ^ pra^- mium vitce cetern^. Amen. Pax tecum. THB 593 si cut ipu dicitj (d'sohat : ungor, ic communi- C/cricuSy rte inuir- peccntifi urgatorio istituo te J* virfute 'omiJiissdy f quando moriaris, mortis Spiritm J* merita im sane- fecerisy RemiS' ^ prcc- y. ■'■<, THE ' . ABSOLUTION THUS ENGLISHED. TH5 OUR Lord Jefus Chri/l abfolve thee: and by Virtue of the Authority that I hold^ I do abfolve thee; Firfl, from all forts of Elxcommunications, whether great or fmall : (If the Penitent be a Clerk, he miift fay ; from all forts of Sufpenfions and Interdi£ls, (if by chance he hath incurred any) Then I abfolve thee from ail thy Sins, and from all Sins and Torments due to thee in Purgatory for thy Sins and Tranfgref- fions ; and I receive thee into the Union and Partici- pation of the Church ; and by Virtue of a fpecial Authority to me committed, I reftore thee into that Innocency in which thou haft been when thou wert baptized : And if thou die not at this Time, I referve thee this Grace, to the Hour of thy Death, In the Name of the Father, 8cc. and by the Merits and Paf- iion of our Lord and Saviour Jefus Cbriji, and the Merits of the ever blefled Virgin Mary, and of all the Saints and Virgins ; that whatfoever Good thou hall done, and whatfoever Injuries thou patiently haft fuf- fered, let them be unto thee a Remiflion of thy Sins, and an Augmentation to Grace, and a Pram'mm of Life everlafting. Amen. Peace be with you. 2 a N. B. t|i. I ( i I !' i 594 N. B. The/e Names of Miflionar'ies and Poeniten- tiaries are all one ; the DiJlinSiion only is, that thofe Poenitentiaries do rejide in the Court of Rome, and the Miflionaries are thofe ivhicb are difperfed through the JVorldf notivithfjlanding tbey have the fame Power and Authority to alfolve, id eft, a Cafibus Refervatis ; the Truth is, thofe do not direSlly accumulate, or gather ibefe Sums, but tbey are to enlighten the Penance and Pilgrimage of the Penitents for paying tbefe foremen- tioned Taxes to their feveral. Deputies, appointed in all Places to that Purpofe, ■ • .» . < '. ( \ ».i *'.).' THE 'I''' ' / ;-j»i AUTIIOU'S TESTIMONY . it '■-.( Sf* •■ it Mt M FROM THE UNIVERSITV. /< t'<- . THESE are to certrfy All whom it may Concern^ that Mr. Anthony Egane, Clerk, lately a Fran- cifcan Friar in Ireland, bui now of the Reformed Religion, hath for the Time of his Abode in the Uni- verfity of Oxford, behaved himfelf foberly, difcreetly, and ftudioufly, and thereby hath been a happy Means to reduce lome Perfons to t!ie Church of England^ who had been formerly perverted. In JVitnefs where- of, I have hereunto put my Hand and Seal, in fuch Caufes oeniten- at thofe and the ougb the wer and fervatis ; r gather mce and foremen- ed in all NY Concern, r a Fran- Reformed the Uni- lifcreetly, )y Means England, fs where- in in fuch Caufes 593 Caufesufual, this Twenty-ninth Day of y^//^«/?, in the Year of our Lord, 1673. ■V' P. Bath and Wells, "• I it 1/ Vice-Chan, of 0;ron. Joh. IVuUtSf Geo. Profef- for, Oxon, Tbo, Tales, Prefident of » ,(* ".-., ,-.,•* r .«r «v 1. V. ^ Brazen No/e, t « M'K '^iU iii . iJa. 5a/Attr^, Principal of ..^ ! ur ,. 7Vi»«/y College. -^ ^ • Jh, Campian, VroSt, "^ IdemTeJlor, Tho. Barlow, i ,',:,, fe^..'" Gill.Rtgin^ProfpfjJitus, it .:;,<: .j wMn . . ' ' Copia Vera, %..l^^fr I. ^i ' ..'■A ui 1^ oT 2 a2 AX b% AN APPENDIX. !'»(■ THUS you have fcen (good Reader) fome of the great and crying Abominations, practifed not only with Impunity, but with Encouragement and Approbation in the Church of ROME. You have feen, likewife, the Author's Sobriety, Difcretion, and Induflry in promoting the Caufe of Truth, aiferted by fuch as had too great a Stock of Reputation of their own to venture on any thing lefs than the moil full and well-grounded Conviction. So that there does not appear to be the lead room to doubt the Truth of the Matter of Fa» To To dcfcend a little to particulars, and that very briefly : That Church, whofe Doftrines are deftruc- tive of the true End of Convcrfation, and the quiet of Families ; that is fitted -to didurb and undermine the Peace and Happinefs of Princes and Communi- ties } that robs God of his Glory, detrads from the All-fufficiency of our Saviour's Merits ; that locks up from a great Part of its Members the Key of faving Knowledge} that is rigidly fevere in uncommanded Indances, and fcandaloufly loofe in exacting the Pre- cepts of the Gofpel ; that bids Defiance to Mens' Rea- fon and Senfes; that renders the ilridefl Preparation of its Communicants, to that which itfelf owns to be the niofl folemn Ordinance of Religion, pofTibly at leafl, fruitlefs 'md inef!e£lual, by thai pernicious Doc- trine of the Validity of Sacraments depending on the Intention of the Pried; that refills and vilifies the Authority of the Holy Scriptures, contradi£ls the Do6lrine& and Pradliccs of the Firft and purefl Ages of Chriftianity, forces its way (where it can) by the niofl cruel and fanguinary Methods ; and after all, has left us without Hopes of a Reformation of its Errors, by arrogating to itfelf an Infallibility, though not agreed where to place it : That Church, I fay, in which all thefe Corruptions are to be found (and they are all to be found in the Roman Church) is fo far (whatever glorious Pretenfions it may make) from being the Pillar and Ground of Truth, and the pure and undefiled Spoufe of Jefus Chrid, from which whatfoever is feparated, is at the fame Time feparated from Chrid himf'elf ; that on the contrary. Communion with it is extremely hazardous of Salvation. Can it be otherwife th^n extremely hazardous to conimunicate 2 Q 3 with 598 's-' m * ^ I 5vith ihofc who have fiiperfeclcd the NeccflTily of being Holy in all manner of Convcrfalion ; and of abftain- ing from all Appearance of Evil, by their Di(lin6tion of Sins into Mortal and Venial, that is {ai themfelves explain it) (uch as do, and fuch as do not, delcrve eternal Damnation ? When yet we are alTured from Scriptnre, that the ff^ages o/* every Sin is Death; That pure and undefiled Religion is to keep one*s felf un/pot- ted from the IVorld j 1 hat whatever Proficiency we have made in Virtue and Religion, we are not to reckon that we have already attained a fuflicient Meafurc, but advance fiili onwards to Perfeftion. That we are commanded to love the Lord our God, with all our Heart, and Souls, and Strength j and our Neigh- bour as ourfelves i to be Folloxuers of God; and to be Perfe£l, even as our Father who is in Heaven is Per- fed. How muft this loofc Principle four and poifon Converfation, when even the ftri6left Bonds can fcarce liinder Men from being troublefome and in- jurious to one another? What can be thought of their making the Sacrament of Penance joined with Contrition, fufficient for Salvation, but that they de- ftroy the Necefliiy of Repentance, by fubftituting in it's ftead, a cheap and easy Remedy ? For what need a Man be at the Pains of mortifying his Paf- fions and Appetites, and forHiking his Sins, (ince, though he commits them again, upon confeffing them with Sorrow to the Pricft, and receiving ;\bfalution, he is madw- perfeclly whole ? 1 heir Do6lrine of In- dulgencics, or the difpofing of Pardons for Money, &c. is another grofs ajid fcandalous Abufc, that can- not fail of being very mifchievous to Souls. I (hall tranfcribc two Forms of them, which may be found 'if . I. . -■ . . in in 599 in the Hours of ihe filefled Virgin, Secundum usum Sarum. The firft is of Pope Jobn XXII. for faying three Praycrsi as follows : Thijs Three Prayers be written in the Cha- pelle of the Holy Crosse in Rome, otherwise called Saccilutn Sandae Crucis Septem Ro- manorum, whoo that devoutly say them shall . obtain 90,000 Years of Pardon J or dedly , Sins, graunted by our Holie Father Jo, 22. \ Pope of Rome, _, , ../: - > The other is for St. Bernardine, of Siena, daily kneeling in the Worlhip of the Name of Jefus^ thus : Thys most devoutly Prayer said the Holy Father St. Bernard ine, dayly kneeling in ihe fVorship of the most Holy Name Jesu, j4nd yt is well to believe that thro* the Invo- cation of that most excellent Name of JesUy S. Bernard, obtained a singular Reivard of perpetual Consolation of our Lord Jesu Christ, And thys Prayer is written in a Table that hangeth at Rome, in S. Peter's Church, nere to the high yJivler, there as our Holy Father the Pope duely is ivonte to " say the Office of the Masse, And hoo that devoutly with a contrite Heart dayly say thys Oryson, yf he be thai Day in the State vs- ^f eternal Damnation, than thys eternal ^,A 2 0^4 Payne ■ i ; I f' 600 Pmjne shall be chaunged him in temporal Payne of Purgatory, than yf he hath (fe- served the Payne of Purgatory , yt shall he forgotten and forgiven, thorow tJie irifinite Mercy of God, I think little need be faid, to (hew how this Doc- trine of ludulgencies, joined with that of Purgatory (which is fuppofed to be a State of Puniihment, from whence the Souls of the Dead may be delivered by the Prayers and MafTes of the Living,) tends to de- flroy the great End of our Saviour's Undertaking, which was, that he might redeem us from all Iniquity, and purify to himfelf a peculiar People, zealo\is of good Works, What wonder is it that their Zeal (hould flag, who are perfuaded, that, though their Repentanqe is not finished in this Life, it may in another, and themfelves be finally accepted ? As for this Doctrine of Purgatory, the Scripture is wholly filent about it : It fpeaks, indeed, of everlafling Happinefs appointed for the Good, and everlafling Mifery for the Wicked, but not one Word appears in it of this middle State. We are told there that the Dead are blejfed that die in the Lord, that they reft from their Labours, and their IVoris follow them. We do not find, indeed, that any, whofe Repentance is not finifhed as well as begun in this Life, can be faid to die in the Lord, or be capable of that BlefTednefs. There we read as a powerful Motive to Perfeverance and Conflancy in good Works, that, if our earthly Houfe of this Taber- nacle be dij/blved, we have a Building with God, a Houfe not made with Hands, eternal in the Heavens : And niporai ath dc' shall be infinite tis Doc- urgatory It, from ered by i to de- srtaking. Iniquity^ ialo\u of i\ (hould lentanqe her, and Doflriiie ibout it : ppointed Wicked, le State. that die urs, and indeed, i well as ie Lord, read as lancy in F Taber- Godf a eavens : And 601 And to free the Matter from the lead Poflibllity of Doubt, it is ufliered in with. We know. Again, the Penitent Thief was tranflated from the Crofs, immediately to Paradife. In the Parable of the Rich Man and Lazarus, which feems plainly de(igned to acquaint us with the Happinefs and Mifery of Souls feparatcd from their Bodies; we find that the one went to Hell, and the other to Abraham's Bosom, without the leaft mention of any middle State be- tween them : And, elfewhere, we are told, that we mujl, at the loft Judgment, give an Account for the things done in the Body ; but no where, that we (hall be accountable for things done in the Soul feparate from the Body. >. What (hall we fay of their Prayers in an unknown Tongue, of the Efficacy of Sacraments depending on the bare Ad.niniftration, and their interdiding the People the facred Scriptures ? Can Prayers be ofFered-up with that Devotion, deep Senfe of their Wants and Dependance on God, that becomes poor indigent Creatures fupplicating infinite Majedy, by thofe who know not what it is they pray, or rather, what the Prieft fays for them ? Not to fay h#w contrary this Pra&ice is to the Holy Scriptures, and to the conllant Ufage of the Church of Chrift for many Ages. Nothing need be added to ftiew the pernicious Con- fequences of their Do6trine of the Efficacy of Sacra- ments, (ince it can hardly be, that any can be fo ig- norant as not to difcover, that it takes>away the Necef- (ity of Mens' preparing their Minds for them. Their interdicting People the Ufe of the Bible, may well be reckoned as a Part of that worldly Wif- dom^ is fif it- 1 1' ^^! H It -i 'If .1 T ill' f V ii 602 dom, for which ihcy are fo defervedly remarkable; nothing being more an enemy to their DoArines and Practices, than that Holy Book: But how they (hall be able to aufwer to God and their own Confciencei}) for the Lofs of thofe Souls which they were obliged to watch over, and to whom they denied the mod fit and proper Means of Salvation, becomes them feriouily to confider^ One of the Holy Prophets, obferving fome in his Days, applying themfelves to other Means of Knowledge, inftead of the Scriptures, refers them to thofe Writings, faying, To the Law, and to the Te/limony : if they /peak not according to this Word, it is becavfe there is no Light in them. Our Saviour commands io fearcb the Scriptures. St. Paul con- gratulates the Happinefs of Timothy , becaufe he had known the Scriptures from a Child ; which he adds, were able to make him wife unto Salvation. The Bereans have this great Encomium given them by an infpired Penman, that they were more noble than thofe o( TheJ/alonica, becaufe they fearched the Scriptures daily, to fee whether thofe things were fo ; that is, they did not take things upon Truft, but by an impar- tial comparing one Place of Scripture with another, difcerned the Truths which St, Paul and Silas deliver- ed to them. That the Scriptures were in the Hands of the People in the firft Ages of Chriftianity, is plain from this one Inflancc, viz. that their Pcrfecutors commanding them to deliver up their Bibles to be burnt, many of them chofe rither to part with their Lives than their Bibles, and thofe that did not, were called TraditoreSf that is. Betrayers. I forbear to inftance, in their Doftrine of fcvcn Sacraments, Coelibacy of the Clergy, their Sprink- 1 mg larkable; rines and hey (hall ifcience:}, bilged to )ft lit and feriouily )bferving r Means ?rs them d to the is iVerJ, Saviour ul con- : he had he adds^ I. The I by an an thofe riptures that is, im par- mother, deliver- Hands is plain editors I to be li their , were prink- ling 603 ling with Holy Water, Baptizing of Bells, Exor- cifms. Pilgrimages, their rending their Fiefh with Whips and Scourges, as if, inilead of a Being of in- finite Goodnefs, they were the Worfhippers of fome heathen Deity, or evil Daemon, who delighted in the Mifery of his Votaries j their placing too much of Religion in external Performances, and Abftinences^ &c. That is, in little Trifles, and infignificant No- things : Becaufe I defigned this for an Appendix, not a Treat ife. However, I (liall venture to take up a little more of the Reader's Time, by faying fomething, (though very briefly) to thefe Particulars following, viz. Their Doc- trine of Merit, Tranfubdantiation, the Sacrifice of the Mafs, half Communion, Traditions, their Idola- try, Craei ' and Perfidioufncfs to thofe who diffent from th» '. ( The fii .1 oi thefe feems not to have the lead Foun* dation, either in Scripture or Reafon j for what Worth is there (1 befeech you) in a few fhort-lived Services, made up of Imperfe^ions ? If it were poflible for us to live here many Ages, and perform all that while a mod exa6l Obedience to the Divine Laws, without fo much as draying in a Thought ; yet even then there would be an infinite Difproportion between our Actions and their Rewards : How much more when in this Life, (hort as it is, there are fo many Defe6ls in the very bed of us ? Our Saviour has fufiiciently decided this Point, telling us, that, when we have done all that is commanded us, we are unprofitable Servants, we have done no more than was our Duty to do. I might, on this Head, have infided on that Surplufage of Merits, which they pretend to be in the Treafury of ■^ ' 601 of the Church, and to Benefit not only the Perfons tneriiingy but Multitudes beiides: but I hope I need not tell you how derogatory this Opinion is to the All-fufficient Merits of Chrift, who having purchafed us at fo dear a Rate, we may be fure will fuffer no Sharers with him in that which is his foTe Preroga- tive. I (hall fay no more of Merit, than that it makes a Man think too well of himfelf, and too meanly of God. • • ' ^ All that I (hall fay of Tranfubftantiaiion, or the fubftantial Change of the Bread and Wine, after the Words of Confecration pronounced by the Prieft, into the Natural Body and Blood of Chrift, is that it con- traditSts our Reafon and Senfes, overthrows the moft fubftantial Evidence for the Truth of Chrillianity, is contrary to the Nature of a Sacrament, and to thofe very Scriptures, on which they pretend to found it; whether we refpc6t the 6fh of John, or the Words of Inftitution, which are the principal Places cited by them to fiipport their Opinion : In the former of which we find, that whofoevn eafeth Chtijl*s FUJh, and dr'mhetb his Blood, hath eternal Life; with more to the fame Purpofe. Now if every one who eats Chrift*s Flefh, and drinks his Blood, hath eternal Life, then it is certain, that the Wicked do not eat his Flefh, and drink his Blood; which nothing hinders but thvy might do, if the Words of Confecration, pronounced by a Prieft, produced fuch a wonderful Change, as they pretend. In the Words of Inftitution, th^ one is no othervvife called his Body, than as given [in the prefent Tenfe] or, as St. Paul has explained it, broken, that is, delivered up to the Death, nor the other his Blood, but as (bed ; which could not be literally true u b t IV'il C05 Perfons pe I need is to the purchafed fuffer no Preroga- it makes ncanly of n, or the after the rieft, into at it con- the moft ianity, is to thofe I found it; Words of cited by of which lejh, and I more to ts Chrift^s ^ife, then lis Flefli, but thvy )nounced ange, as thp one \ [ill the , broken, Dther his ally true in jn the Tnflltiition, nor now ; therefore its Truth muft be in Myftery and fpiritual Effefts. The Sacrifice of the Mafs feems plainly to over- throw the Efficacy of Chrift's Sacrifice ; for if by that one Sacrifice we are dehvered from the Power of the Devil, and inflated in a Capacity of everlafling Hap- pinefs, what can any New Sacriflce do more ? Add to this, that • i are told in the Epiflle to the HebrewSj that where a Sacrifice is perfe6l, (which all mufl grant the SacriSce of Chrifl to be) it needs not be re- peated, nor, by Parity of Reafon, to have any other fubflituted in its Room : Nay, that Divine Author ufes fuch an Argument, as equally excludes both. Thus it runs: becaiife that the Worjhippers once Purged Jhould have bad no more Confcience of Sins, Mark, if the Worfhippers were once purged, they (hould have had no more Confcience of Sins, or Guilt, confe- quently no need of any other Sacrifice. In the fame Chapter we read, that we are Sanftified through the Offering of the Body of Je/us Cbrijl once for all. That tbis MaUf after he had offered one Sacrifice Jor SinSf for /ever fate down on the Right- hand of God. That by one offering be hath ferfe£led for ever them that are fanSiiJied, That if