1
ililiii!1
HANDBOUND AT THE
UNIVERSITY OF TORONTO PRESS
y 9 10
THE
HARLEIAN MISCELLANY ;
OR, A
COLLECTION
OF
SCARCE, CURIOUS, AND ENTERTAINING
PAMPHLETS AND TRACTS,
.AS WELL IN MANUSCRIPT AS IN PRINT,
FOUND IN THE LATE
,ARL OF OXFORD'S LIBRARY,
INTERSPERSED WITH
HISTORICAL, POLITICAL, AND CRITICAL
NOTES.
5 > W||j_
VOL. I.
LONDON: PRINTED FOR ROBERT DUTTON, GRACECHURCH-STREET.
1808.
-
300
!O
CONTENTS.
VOL. I.
PACE
THE Reasons which induced her Majesty to create the Right Ho- nourable Robert Harley Esq. a Peer of Great Britain, 4to, contain- ing two pages - . 1
An Essay upon the Original and Design of Magistracy; or, A modest vindication of the late proceedings in England, 4to, containing sixteen pages . . . . . .. ~ . . 3
Vox Regis : or, the difference betwixt a King ruling by Law, and a Tyrant by his own Will; and, at the same time, declaring his royal opinion o*f the excellency of the English laws, rights, and privileges, in the speeches of King James the First, to his parliament in 1603 and 1609 . . . . .13
A Plea for limited Monarchy, as it was established in this Nation, before theiate War ; in an humble address to hisExcellency,General Monk, by a Zealot for the good old laws of his country, before any faction or caprice, with additions, 4lo, printed in the year 1660, containing eight pages . • . . 17
A Letter written by the Emperor to the late King James, setting forth the true occasion of his fall, and the treachery and cruelty of the
French, 4to, containing four pages S3
The Speech of his Highness the Lord Protector, made to both Houses of Parliament at their first meeting, on Thursday the 27th of January, 1658, 4to, containing four pages. And . . . 25 His late Highness's Letter to the Parliament ^f England; shewing his willingness to submit to this present government^ attested under hjs-efwn Sand, and read in the house on Wednesday the 2oth of May, 1659, 4to, containing two pages ..... 28 The Plots of the Jesuits, viz. of Adam Contzen, a Moguntine, Tho- mas Campanella, a Spaniard, and Robert Parsons, an Englishman, &c. how to bring England to the Roman Religion, without tumult, 1658, 4to, containing twelve pages . . ., .. . .29 The Protestants Doom in Popish Times, 4to, containing eight pages 36 The present Case of England, and the Protestant Interest/4to, con- taining six pages . 41
The Pre-eminence and Pedigree of Parliament, by James Howell, Esq. 1677, 4to, containing eight pages . . . . ,45
The Mischiefs and Unreasonableness of endeavouring to deprive his Majesty of the Affections of his Subjects, by misrepresenting hitu and his Ministers, 1681, 4to, containing eight pages . .. . . 50
A Word without Doors, concerning the Bill of Succession, 4to, con- taining twelve pages ......... -. ......... 54
Robin Conscience: or, Conscionable Robin; his progress through court, city, and country, with his bad entertainment at each several place, &c. 1683, 12mo, containing twenty four pages .... 63
An Address agreed upon at the Committee for the French War, and read in the House of Commons, April the 19th, 1689, folio, con- taining four pages . ............... 74
JVIachiavePs Vindication of Himself and his Writings, against the. imputation of Impiety, Atheism, and other high Crimes; extracted from his letter to his friend Zenobius, 4to, containing eight pages 78 The History of the most unfortunate Prince, King Edward the Second; with choice political observationson him and his unhappy favourite*, Gaveston and Spencer : containing several rare passages of those times, not found in other historians; found among the papers of, and supposed to be writ by the Right Honourable Henry Viscount Faulkland, sometime Lord Deputy of Ireland, 12mo, containing eighty-four pages ...... 93
CONTENTS.
PAGI
A Letter from the Nobility, Barons, and Commons of Scotland, in the year 13i!0, yet extant, under all the seals of the nobility, direct- ed to Pope John ; wherein they declare their firm resolutions to adhere to their King, Robert the Bruce, as the restorer of their safety, and liberties of the people, and as having the true right of succession: but withal, they notwithstanding declare, that, if the King should offer to subvert their civil liberties, they will disown him as an enemy, and choose another to be king for their own defence. Translated from the original, in Latin, as it is inserted by Sir George Mackenzy of Rosehaugh, in his observations on precedency, &e. 4to, containing eight pages ............ 128
An Historical Narration of the Manner and Form of that memorable Parliament, which wrought wonders. Begun at Westminster, 1386, in the tenth year of King Richard the Second. Related and pub- lished by Thomas Fannant, Clerk. Printed in the year 1641, 4to, containing forty pages . ,»-.„. 133
The Praier and Complaint of the Ploweman unto Christe : written not long after the yere of our Lorde, a thousande and thre hundred. [Christus Matth. x. [If they haue called the Lorde of the House Beelzebub : how much more shalthey so call them of hys boushold. [Printed, without date, 8vo, black letter, containing ninety six pages : . . 153
Love Letters from King Henry the Eighth to Anne Boleyn: and two Letters from Anne Boleyn to Cardinal Wolsey; with her last to Henry the Eighth . . . , 183
A Brefe Comedy or Entcrlude of Johan Baptystes Preachynge in the Wyldernesse ; openynge the craftye assatutcs efthe hypocrites with the gloryouse baptyme of the Lorde Jesus Christ. Compyled by Joha» Bale, 1538, 4to, containing eighteen pages . ." »- . .,, . 203
The very Beggars Petition against Popery: wherein they lamentably \ complain to King Henry the Eighth of the Clergy ; Presented to King Heury the Eighth in the twenty ninth year of his reign, Anno. Dom. 1558, eight years before his death, and now printed, verbatim, from a very old copy, only mending the autography, for the ease of the several sections, and collecting the contents, folio, containing six pages 217
An Epistle of the moste myghty and redouted Prince, Henry the viii. by the Grace of God, Kyng of England, and of Fraunce, Lorde of Irelande, defender of the faithe, and supreme head of the church of England, nexte under Christe. writen to the Emperours Maiestie, to all Christen Princes, and to all those that trewly and syncerelv professe Christes religion. London, printed by John Berthelet, 1533, 8vo. containing nineteen pages 226
A Lamentable and piteous Treatise, very necessarie for euerie Chris- ten manuc to reade, wherin is contayned, nut onely the high enter- prise aad valeaimtnes of Themperonr Charles the v, and his army, (in his voyage made to the towne of Argier in Afifrique, agaynst the Turckes, the enemy es of the Christen fayth, thinhabitonres of the same) but also the myserable channces of wynde and wether, with dyuerse other aduersites, hable to moue enen a stonye hearte to bewayle the same, and to pray to God for his ayde and succotire. Whiche was written and sent unto the Lorde of Langest. Truly and dylygently translated out of Latyn into Frenche, and'out of Frenche into English. 1542. liicardus Grtifton txcudcbat, cum Priuilegio ad imprimcndum solum, 8vo. containing twenty seven pages .... 231
A Brefe Chronycle concerning the Examinacion and Death of the blessed Martir of Christ, Sir lohan Oldcastell, the Lord Cobham, collected together by lohan Bale. Imprinted at London, by Anthony Scoloker, and Wyllyam Seres, dwelling without Aldersgate. Cum Gratia $ Priuilegio ad Imprimendum solum • . r . . . . . . 24C
CONTENTS. xix
PAGE
The Lamentation or Complaint of a Sinner, made by the most rertu- pus and right gratious Ladie, Queen Catherine, bewailing the ignorance of her blind life, led in superstition; verie profitable to the amendment of our liues. 4to, containing forty-seven pages . . 286
The Lord Bishop of Rochester's Letter to the Right Honourable the Lords Commissioners of his Majesty's Ecclesiastical Court. Contain- ing one ibiio page ,....: 313
The Instrument by which Queen Jane was proclaimed Queen of Eng- land, £c. setting forth the reasons of her claim, and her right to the crown, [from the first edition, in three folio sheets.] .... 314
The Copie of a Pistell or Letter sent to Gilbard Potter, in the tyme when he was in prison, for speakinge on our most true Queues part, the Lady Mary, liefcre he had his eares cut off, the xiii. of Julye. Si iJcus nobiscum, quis contra nos. Anno. M.D.L.III. the firste of August 321
The Cemmvnication betwene my Lord Chauncelor and ludge Hales, being among other Judges to take his oath in Westminster-hall, Anno. 1553, the 6th of October. Printed in 8vo, containing five pages 525
The Vocacyon of lohan Bale to the Bishoprick of Ossorie, in Irelande, his persecutions in the same, and finall delyueraunce, Imprinted in Rome, before the Castell of S. Angell, at the sign of S. Petre, in Decerabre, Anno. D. 1553. In I2mo, black letter, containing ninety eight pages . 328
An Epistle of the Ladye lane, a righte vertuous woman, to a learned man of late falne from the truth of Gods most holy word, for fear of the worlde. •
Read it, to tfiy Consolation.
Whereunto is added, the communication that she had with Master Feckenham, vpon her faith, and belefeofthe sacraments. Also, another Epistle whiche she wrote to her Sister; with the words she spake vpon the scaffold before she suffered. Printed Anno M.D.LIV. 12mo, containing thirty-one pages 364
A Declaration of the Queues Maiestie, Elizabeth, by the Grace of G.od, Quene of England, Fraunce, and Irelande, Defender of the Fayth &c. Conteyning the causes which haue constrayned her to arme certeine of her subiectes, for defence both of her owne estate, and of the moste Christian Kynge Charles the nynth, her good brother, and his snbiectes. September 1562. Imprinted at London, in Powles Churchyante, hy Rycharde lugge and lohn Cawood, Printers to the Queues Maiestie. Cum Priuilegio Regite Maicstatis. In 4to, containing thirteen pages, black letter '374
A letter from Sir Henry Sidney to his son, Sir Philip Sidney, consisting of Rules in his conduct of life, MS 380
The Copie of a Letter, written by one in London to his frend, concernyng the credit of the late published detection of the doynges of the Ladie Marie of Scotland. Without date, black letter, 12mo, containing fourteen pages, and, by some, thought to have been written by the learned Buchanan , 382
An Epitaph, or, rather, a short Discourse made vpon the Life and Death of D. Bonner, sometime vnworthy Bishop of London, whiche
• dyed the 5th of September, in the Marshalsie, 1569, 12mo, containing fourteen pages 38T
A Copie of a Letter lately sent by a Gentleman, Student in the Lawes of the Realme, to a frendeof his, concernyng D.Storie. Black letter, 8vo. containing twenty-two pages 398
The Case of the Bishop of Ross, Resident of the Queen of Scots; who was seized and committed to the Tower by Queen Elisabeth, for traiterous practises and endeavouring to raise a Rebellion against
h«r; folio, containing four pages 405
a 2
xx CONTENTS.
PACK
A Declaration of the Lyfe and Death of lohn Story, late a Romish Canonicall Doctor, by profession. 1571. Imprinted at London, by Thomas Colwell, 8vo, containing' thirty-two pages 408
Ane Admonitioun direct to the trew Lordis Mantenaris of the Kingis Graces Authoritie, M.G.B. Imprentit at Striviling by Robert Lekprevik, Anno Dom. 1571, 8vo, containing thirty pages in the Scotish tongue 419
A True and plain Report of the furious Outrages of France, and the horrible and shameful slaughter of Chastillion the Admiral, and divers other noble and excellent men, and of the wicked and strange murder of godly persons, committed in many citties of France, without any respect of sort, kind, age, or degree. By Ernest Varamund, of Frieseland. Printed at Stirling in Scotland, 1573. 12mo, containing one hundred and forty-three pages . . 431
A Disclosing of the great Bull, and certain Calues, that he hath gotten, and specially the Monster Bull, that roared at my Lord Byshops Gate. Imprinted at London, by John Daye, dwelling oure Alders- gate. Black letter, 8vo, containing twenty pages 483
The Execution of lustice in England, for mamtenauncc of publique and Christian Peace,againstcerteinestirrers of sedition,and adherents to the traytours and enemies of the realme, without any persecution of them for questions of religion, as is falsely reported ana published by the Fautprs and Fosterers of their treasons; xvii December,
1583. Imprinted at London, 1583, 4to, containing five sheets, black letter, the first edition; though, as it appears from some . manuscript additions, and alterations o the title, and in other parts of the book, prepared a second tL..e for the press, by the Author, on the \ 4th of January, 1583 ...',.,,, .489
A Declaration of the favourable Dealing of her Maiesties Commis- sioners appointed for the examination of certain traitours, and of tortures vniustly reported to be done vpon them for matters of religion, 1583. In black letter, 4to, containing six pages , , .514
The trve Report of the lamentable Deathof William of NassaMe, Prince of Orange; who was trayterouslie slayne with a dagge, in his owne Courte, by Balthazar Serack, a Burgunian, the first of luly, 1584. Herein is expressed the murtherers confession, and in what manner he was executed, vpon the tenth of the same month: Whose death was not of sufficient sharpnes for such a caytife, and yet too sowre for any Christian. Printed at Middleborowgh, by Derick van Resperwe, Anno 1584. In 8vo. containing eight pages . . 518
A Discouerie of the Treasons practised and attempted against the Queenes Maiestie and the Realme by Francis Throckmortou, who was for the same arraigned and condemned in Guyld Hall in the Citie of London, the one and twentie day of May last past,
1584. 4to. containing twenty eight pages , 532
Treason pretended against the King of Scots, by certaine Lordes and
Gentlemen, whose names hereafter followe, with a declaration of theKinges Maiesties intention to his last acts of Parliament, which openeth fully in effect all the saide conspiiacy. Out of Skottish into English, Imprinted at London, for Thomas Nelson, and are to be solde at the West ende of Paules, 1585. Black letter, 8vo, containing twenty-four pages • . . 537
PREFACE
TO THIS NEW EDITION.
TO the importance of this collection of Tracts and Papers, for elucidating many historical occurrences, no person who feels interested in tjie discovery of truth, can be inat- tentive. A knowledge ( j\ the curious facts, which are pro- miscuously contained in"them, independent of their utility as matters of information, must be peculiarly acceptable to the literary world. The difficulty of procuring a set of them has, of late years, however, been so greatly augmented, and the impossibility of purchasing such a valuable store of do- cuments by most of those who are likely to avail themselves of such authorities, for the benefit of the community are a sufficient demonstration of the expediency of a new edition, and the necessity of producing it, for a more extensive cir- culation, on the most moderate terms. Considering the na- ture of the trade for some time past, we have adopted the most economical plan which is practicable, to meet the ge- neral wishes of the public, as well as to gratify our own par- ticular friends. The two impressions, we hope, will equally meet the sentiments of those who wish for cabinet and library curiosities, as of those who are anxious for so valuable a treasure of records of literary knowledge, on the easiest pos- sible conditions.
The fidelity with which these valuable pieces are reprinted, and the almost unprecedented attention that will be paid to the typography, will be a distinguishing feature of this pub- lication. The credit of the editor has been long establish- ed, as fully qualified for so important a task, as that of examining with minute attention every sheet before it is cona-
. o
A 3
vi PREFACE.
mitted to the press, in addition to the printer's usual habit of correctness. The orthography of every paper has been scru- pulously preserved, as a criterion of the time when each of them was originally communicated to the public ; a distinc- tion, by which their respective value will be fully appreci- ated, and without which, those papers more especially, that preceded the restoration of monarchy, in being modernized, would lose the greatest part of their value. In the punctua- tion, considered as a matter of secondary moment only, we are ready to avow that we have taken some liberties, where the sense of the subject seemed to require it ; but this is al- ways allowed in printing the most ancient MSS. and we feel no reluctance in declaring, that we have herein varied, what may be deemed, the technical part of the business, whenever it could be done with improvement.
In another respect, indeed, it has been determined, after a few sheets were printed off, to place the rest, as nearly as possible, in a chronological order. To the historian and man of letters, this will prove a very striking advantage ; for at the same time that every document will be given entire, the whole will form a mass of records, though some of them were only the productions of the passing times, of the utmost mo- ment to authenticate the history of each year progressively. To those pieces, contained in a very few only of the first sheets, a reference will be made in their respective places ; by which every publication or MS. of every year, included in the col- lection, will converge to one focal point, and greatly assist every class of readers, no less than the historian and the antiquary. When we add, that this mode has been adopted, on the intimation and at the desire of many of our liberal subscribers, we need not say more to convince the public of our anxious wish to deserve their countenance and support. It equally corresponds with our own ideas ; and will remove one very strong objection to the use of the former original edition, from which this is re-printed, of the difficulty of finding a relation of the various occurrences of any particu- lar period. But for such an useful purpose, neither the table of contents prefixed to each volume, nor the copious in- dexes annexed, nor even both united, are in any degree com- petent ; and much time and labour must be lost to run over the contents of all the volumes to know what is preserved in this collection of the transactions of any specific year. These are obviated by this improved arrangement of the present edition ; which, so far as these papers contain any accounts, will form a summary, and, in many instances, a very minute and particular detail, of the history of England, not frequent- ly to be found in many of our best and most extended annals.
PREFACE. rii
We have only to add, that the same reasons do not occur in the present edition for following the original promiscuous mode. We have all our materials before us, which enables us to digest the whole into a chronological arrangement, for the advantage of our subscribers.
After all our care, it is not in human power to accom- plish impossibilities. Some of the pieces are of so general and miscellaneous a nature, that we cannot catch a single glimpse of any thing to form a criterion in what chronologi- cal order to class them ; but as these can be of little moment, we have subjoined them at the end, that not a single article should be omitted. A few others, which evidently belong to some particular reign, where they cannot be classed to any particular year, are added respectively at the end of that reign. ^ ;
We have studiously refrained from introducing any notes of our own, both to avoid the impropriety of swelling the work under the present circumstances, and because we are unwilling to pay so unhandsome a compliment to our rea- ders as to suppose they will not perceive with us, many ana- logous cases and proceedings of the French in those times to the recent conduct of the rulers of that country ; in which they have unhappily but too much succeeded, though they failed so essentially in earlier times. But we shall close our re- marks, with observing only, that we shall not forget to pre- pare for our subscribers, at the end of each volume, an al- phabetical index of the principal contents ; as equally use- ful on many occasions, where the subject may be recollected, though the particular period of it has escaped the memory.
As the editors of the original edition of the Miscellany, af- ter some progress in that work, announced to their numerous friends and subscribers a catalogue of pamphlets, many of which are both interesting and curious, that were found in the Earl of Oxford's Library ; we shall embrace an early opportunity of announcing the titles of 548 pamphlets, which the catalogue consists of, classed in like manner in chronolo- gical order, the purport of which we shall submit, with the substance of their contents, to the consideration of our rea- ders. Of these, however^ more than 50 were at that time in- troduced into the subsequent volumes of the Miscellany, to which it will only be necessary to make a reference in their order. To these documents we propose to annex some ac- count of the various important MSS. collected by this no- bleman in the course of his long and active pursuits in the
A4
viii PREFACE.
service of his country. The historian will from these, be supplied with much useful intelligence, hitherto little known ; and the antiquary will be no less gratified, by such an acces- sion of materials, to his present stock of knowledge. It shall suffice to say that, as the editor of such an intelligent mass of materials, so classed and so arranged, no labour or pains shall be spared to render it worthy of the public accep- tance.
J. MALHAM.
London, Nov. 30, 1808
THE
INTRODUCTION.
THOUGH the scheme of the following Miscellany is so obvious, that the title alone is sufficient to explain it ; and though several collections have been formerly attempted upon plans, as to the method, very little) but as to the capa- city and execution, very different from ours ; we, being pos- sessed of the greatest variety for such a work, hope for a more general reception than those confined schemes had the for- tune to meet with : and, therefore, think it not wholly unne- cessary to explain our intentions, to display the treasure of materials, out of which this Miscellany is to be compiled, and to exhibit a general idea of the pieces which we intend to insert in it.
There is, perhaps, no nation in which it is so necessary, as in our own, to assemble, from time to time, the small Tracts and fugitive pieces, which are occasionally published. For, besides the general subjects of enquiry, which are cultivated by us, in common with every other learned nation, our con- stitution in Church and I^ate naturally gives birth to a mul- titude of performances, which would either not have been written, or could not have been made publick in any other place.
The form of our government, which gives every man, that has leisure, or curiosity, or vanity, the right of enquiring in- to the propriety of publick measures ; and, by consequence, obliges those who are intrusted with the administration of national affairs, to give an account of their conduct to almost every man who demands it; may be reasonably imagined to have occasioned innumerable pamphlets, which would never have appeared under arbitrary governments, where every man lulls himself in indolence under calamities, of which he cannot promote the redress, or thinks it prudent to conceal the unea- siness, of which he cannot complain without danger.
* INTRODUCTION.
The multiplicity of religious sects tolerated among us, of which every one has found opponents and vindicators, is another source of unexhaustible publication, almost peculiar to ourselves ; for controversies cannot be long continued, nor frequently revived, where an inquisitor has a right to shut up the disputants in dungeons, or where silence can be imposed on either party, by the refusal of a license.
Not that it should be inferred from hence, that political or religious controversies are the only products of the liberty of the British press ; the mind once let loose to enquiry, and suffered to operate without restraint, necessarily deviates into peculiar opinions, and wanders in new tracks, where she is indeed sometimes lost in a labyrinth : from which, tho' she cannot return, and scarce knows how to proceed, yet some- times makes useful discoveries, or .finds out nearer paths to knowledge.
The boundless liberty, with which every man may write his own thoughts, and the opportunity of conveighing new sentiments to the publick, without danger of suffering either ridicule or censure, which every man may enjoy, whose va- nity does not incite him too hastily to own his performances, naturally invites those, who employ themselves in specula- tion, to try how their notions will be received by_a nation, which exempts caution from fear, and modesty from shame ; and it is no wonder, that where reputation may be gained, but needs not be lost, multitudes are willing to try their for- tune, and thrust their opinions into the light, sometimes with unsuccessful haste, and spmetimes with happy te- merity.
It is observed, that, among the natives of England, is to be found a greater variety of humour, than in any other country ; and, doubtless, where every man has a full liberty to propa- gate his conceptions, variety of humour must produce variety of writers; and, where the number of authors is so great, there cannot but be some worthy of distinction.
All these and many other causes, too tedious to be enume- rated, have contributed to make pamphlets and small tracts a very important part of an English library ; nor are there any pieces, upon which those, who aspire to the reputation of judicious collectors of books, bestow more attention, or greater expence ; because many advantages may be expected
INTRODUCTION. xi
from the perusal of these small productions, which are scarce- ly to be found in that of larger works.
If we regard history, it is well known that most Political Treatises' have for a long time appeared in this form, and that the first relations of transactions, while they are yet the subject of conversation, divide the opinions, and employ the conjectures of mankind, are delivered by these petty writers, who have opportunities of collecting the different sentiments of disputants, of enquiring the truth from living witnesses, and of copying their representations from the life ; and, therefore, they preserve a multitude of particular incidents, which are forgotten in a short time, or omitted in formal rela- tions, and which are yet to be considered as sparks of truth, which, when united, may afford light in some of the darkest scenes of state, as, we doubt not, will be sufficiently proved in the course of this Miscellany ; and which it is, therefore, the interest of the publick to preserve unextinguished.
The same observation may be extended to subjects of yet more importance. In controversies that relate to the truths of religion, the first essays of reformation are generally timo- rous ; and those, who have opinions to offer, which they ex- pect to be opposed, produce their sentiments by degrees ; and for the most part in small tracts. By degrees, that they may not shock their readers with too many novelties at once; and in small tracts, that they may be easily dispersed, or privately printed ; almost every controversy, therefore, has been, for a time, carried on in pamphlets, nor has swelled into larger volumes, till the first ardor of the disputants has subsided, and they have recollected their notions with cool- ness enough to digest them into order, consolidate them into systems, and fortify them with authorities.
From pamphlets, consequently, are to be learned the pro- gress of every debate; the various state, to which the ques- tions have been changed : the artifices and fallacies, which have been used ; the subterfuges, by which reason has been eluded. In such writings may be seen how the mind has been opened by degrees, how one truth has led to another, how error has been disentangled, and hints improved to de- monstration. Which pleasure, and many others, are lost by him, that only reads the larger writers, by whom these scat- tered sentiments are collected ; who will see none of the changes of fortune which every opinion has passed through, will have no opportunity of remarking the transient ad van-
xii INTRODUCTION.
tages, which error may sometimes obtain, by the artifices of its patron, or the successful rallies, by which truth regains the day, after a repulse ; but will be to him, who traces the dispute through, into particular gradations, as he that hears of a victory, to him that sees the battle.
Since the advantages of preserving these small tracts are so numerous, our attempt to unite them in volumes cannot be thought either useless or unseasonable ; for there is no other method of securing them from accidents ; and they have al- ready been so long neglected, that this design cannot be de- layed, without hazarding the loss of many pieces, which de- serve to be transmitted to another age.
The practice of publishing pamphlets on the most impor- tant subjects, has now prevailed more than two centuries among us ; and, therefore, it cannot be doubted, but that, as no large collections have been yet made, many curious tracts must have perished. But it is too late to lament that loss ; nor ought we to reflect upon it with any other view than that of quickening our endeavours for the preservation of those that yet remain, of which we have now a greater number than was, perhaps, ever amassed by any one person.
The first appearance of pamphlets among us is generally thought to be at the new opposition raised against the errors and corruptions of the church of Rome. Those who were first convinced of the reasonableness of the new learning, as it was then called, propagated their opinions in small pieces, which were cheaply printed, and, what was then of great im- portance, easily concealed. These treatises were generally printed in foreign countries, and are not, therefore, always very correct. There was not then that opportunity of printing in private, for, the number of printers were small, and the presses were easily overlooked by the clergy, who spared no labour or vigilance for the suppression of heresy. There is, however, reason to suspect that some attempts were made to carry on the propagation of truth by a secret press ; for one of the first treatises, in favour of the reformation, is said, at the end, to be printed at Greenwich by the permission of the Lord of Hosts.
In the time of King Edward the Sixth, the presses were employed in favour of the reformed religion, and small tracts were dispersed over the nation, to reconcile them to the new forms of worship. In this reign, likewise, political pamphlets
INTRODUCTION. xiii
may be said to have been begun, by the address of the rebels of Devonshire; all which means of propagating the sentiments of the people so disturbed the court, that no sooner was Queen Mary resolved to reduce her subjects to the Romish superstition ; but she artfully by a charter* granted to certain freemen of London, in whose fidelity, no doubt, she confided, intirely prohibited all presses but what should be licensed by them ; which charter is that by which the corporation of Stationers in London, is at this time incorporated.
Under the reign of Queen Elizabeth, when liberty again began to flourish, the practice of writing pamphlets became more general ; presses were multiplied, and books more dis- persed : and, I believe, it may properly be said, that the trade of writing began at this time, and that it has ever since gra- dually increased in the number, though, perhaps, not in the stile of tkose that followed it.
In this reign was erected the first secret press against the Church as now established, of which I have found any cer- tain account. It was employed by the Puritans, and con- veighed from one part of the nation to another, by them, as they found themselves in danger of discovery. From this press issued most of the pamphlets against Whitgift, and his associates, in the ecclesiastical government; and, when it was at last seized at Manchester, it was employed upon a pamphlet called MORE WORK FOR A COOPER.'
In the peaceable reign of King James, those minds, which might, perhaps, with less disturbance of the world, have been engrossed by war, were employed in controversy ; and writ- ings of all kinds were multiplied among us. The press, how- ever, was not wholly engaged in polemical performances, for more innocent subjects were sometimes treated ; and it deserves to be remarked, because it is not generally known, that the treatises of husbandry and agriculture, which were published about that time, are so numerous, that it can scarcely be imagined by whom they were written, or to whom they were sold.
The next reign is too well known to have been a time of confusion, and disturbance, and disputes of every kind ; and the writings, which were produced, bear a natural propor-
* Which begins thus, KNOW YE, that WE considering, and manifestly perceiving, that seve- ral seditious and heretical Books or Tracts agaiust the Faith and found Catholic Doctriue of
holy Mother, the Church, &c.
xir INTRODUCTION.
tion to the number of the questions that were discussed at that time ; each party had its authors, and its presses, and no endeavours were omitted to gain proselytes to every opi- nion. I know not whether this may not properly be called The Age of Pamphlets ; for, though they perhaps may not arise to such multitudes as Mr. Rawlinson imagined, they were, undoubtedly, more numerous than can be conceived by any who have not had an opportunity of examining them.
After the restoration, the same differences in religious opi- nions are well known to have subsisted, and the same politi- cal struggles to have been frequently renewed ; and, therefore, a great number of pens were employed on different occasions, till, at length, all other disputes were absorbed in the Popish controversy.
From the pamphlets which these different periods of time produced, it is proposed, that this Miscellany shall be com- piled ; for which it cannot be supposed that materials will be wanting, and, therefore, the only difficulty will be in what
manner to dispose them.
i
Those who have gone before us, in undertakings of this kind, have ranged the pamphlets, which chance threw into their hands, without any regard either to the subject on which they treated, or the time in which they were writ- ten ; a practice in no wise to be imitated by us, who want for no materials ; of which we shall chuse those we think best for the particular circumstances of times and things, and most instructing and entertaining to the reader.
Of the different methods which present themselves upon the first view of the great heaps of pamphlets which the Har- leian Library exhibits, the two which merit most attention, are to distribute the treatises according to their subjects or their dates, but neither of these ways can be conveniently followed. By ranging our collection in order of time, we must necessarily publish those pieces first, which least en- gage the curiosity of the bulk of mankind ; and our design must fall to the ground for want of encouragement before it can be so far advanced as to obtain general regard. By con- fining ourselves for any long time to any single subject, we shall reduce our readers to one class, and as we shall lose all the grace of variety, shall disgust all those who read chiefly
INTRODUCTION. xv
to be diverted. There is likewise one objection of equal force against both these methods, that we shall preclude ourselves from the advantage of any future discoveries, and we cannot hope to assemble at once all the pamphlets which have been written in any age or on any subject.
It may be added, in vindication of our intended practice, that it is the same with that of Photius, whose collections are no less miscellaneous than ours; and who declares, that he leaves it to his reader to reduce his extracts under their proper heads.
Most of the pieces, which shall be offered in this collec- tion to the publick, will be introduced by short prefaces, in which will be given some account of the reasons for which tney are inserted ; notes will be sometimes adjoined for the explanation of obscure passages, or obsolete expressions ; and care will be taken to mingle use and pleasure through the whole collection. Notwithstanding every subject may not be relished by every reader ; yet the buyer may be assur-r ed that each number will repay his generous subscription,
THE
HARLEIAN MISCELLANY.
THE REASONS
WHICH INDUCED HER MAJESTY TO CREATE
The Right Honourable Robert Harley, Esq.
A PEER OF GREAT BRITAIN, IN THE YEAR ITU.
There can be no objection against tbe prefixing of the reasons for creating the Right Honourable Robert Harley, Esq. a Peer of Great Britain, and Earl of Oxford ; especially, as the valuable collection, intended to be published in this form, was made by the greatness of his knowledge in all branches of learning, and at the vast expence of that noble family. He, that noble peer, who alwaya encouraged learning, and was the Mecenas of learned men in his time ; whose patent of creation extols him, and ennobles him with the title of the University of Oxford on that particular account ; and whose chiefest delight,' in his leisure, from the care he took of the good of the nation in general, was to be constantly among his books ; by which familiarity, he is said to have acquired so particular a knowledge of them all, as to be able, without a catalogue, to go immediately to the least of them, upon hearing of it named, though his library consisted of more than 100,000 different authors. He, I say, cannot be denied the first place in this Miscellany, which esteems it an honour to bear his name. A name, that, when alive, gave life to learning ; and, by this monument of learning, shall live for ever, in the real esteem of learned men.
w,
HATEVER favour may be merited from a just prince, by a man born of an illustrious and very ancient family, fitted by nature for great things, and by all sorts of learning qualified for greater ; constant- ly employed in the study of state affairs, and with the greatest praise, and no small danger, exercising variety of offices in the government : so much does our well-beloved and very faithful counsellor Robert Harley deserve at our hands ; he, who in three successive parliaments, was unanimously chosen speaker ; and, at the same time that he filled the chair, was our principal secretary of state : in no wise unequal to cither province. Places, so seemingly disagreeing, were easily recon- ciled by one, who knew how, with equal weight and address, to mode- VOL. i. B
J THE REASONS, &c.
rate and gorern the minds of men : * one who could preserve the right? of the people, without infringing the prerogative of the crown : and who thoroughly understood how well government could consist with liberty. This double task being performed, after some short respite, he bore the weight of our exchequer as chancellor, and thereby prevented the fur- ther plundering f the nation, and also provided for the settling a new trade to the South Seas, and (by rescuing public credit £) so oppor- tunely relieved the languishing condition of the treasury, as to deserve thanks from the parliament, blessings from the citizens, and from us (who never separate our own interests from the public) no small ap- probation. Therefore, we decree to the man that has so eminently de- served of us, and of all our subjects, those honours which were long since due to him and his family, being induced thereto by our own good pleasure, and the suffrage of all Great Britain. For we take it as an admonition, that he should not in vain be preserved, whom the states of our realms have testified to be obnoxious to the hatred of wicked men, upon account of his most faithful services to us, and whom they have congratulated upon his escape from the rage of a fla- gitious parricide. || We gladly indulge their wishes, that he who comes thus recommended to us by so honourable a vote of both houses of parliament, should have his seat among the peers, to many of whom his family have been long allied, and that he who is himself learned, and a patron of learning, should happily take his title from that city where letters do so gloriously flourish.
Now know ye, &c^
• His prudence kept quiet, and brought to temper, the brats and passions of parties ; and suf- fered not the two sides of whig and tory to meet together in a storm ; but caused them to ebl> gently, and to lose themselves insensibly in the great ocean of moderation.
His conduct rescued the church from danger; protected the dissenters in their toleration li- berty; preserved the union from the infractions of Jacobites and the pretender, and quieted the minds of the people in matters of religion, and the Hanover succession. See the Spectator's Address, page 10, 11.
t His wisdom overthrew a management, that, under the pretence of keeping up credit, con- cealed the circumstances of tho nation, till it ran seven millions in debt, and knew nothing of tin matter. Id. page 9.
t At that time the creditors of the government gave 22 per cent, discount for money OB the government's bills. Id. ib.
|| The Marquis de Guiscan), who was a French refugee, and, in consideration of hi» noble birth and misfortunes, w-as at that time supported -with a pension of ^£400 per annum, from the crown of England ; but held secret correspondence with the French ministry ; which being detected by Mr. Harley, this Guiscard was seized by the queen's messengers, in St. James's Park, on the 8th of March, 1711, and brought before the committee of cabinet council at the cock-pit; where, the fact being clearly proved by Mr. Harley, the villain stooped dewn, and saying, j* en veux done a' toy; then haveatthee; stabbed the honourable Mr. Harley. Redoubling the stroke, the penknife broke, which he was not sensible of; but, rushing on towards Mr. St. John, over- threw the clerk's table that stood between. Mr. St. John, seeing Mr. Harley fall, cried out, " The villain has killed Mr. Harley." Then Mr. St. John gave him a wound, as did the Duke of Ormond, and the Duke of Newcastle. But, Mr. Harley getting up, and walking about, they left the villain's execution to them to whom it more properly belonged ; hoping that Mr. Harley was. slightly hurt. But, when Bussier, the surgeon, searched the wound, the penknife was found struck a slant, and buried in the wound. Had it been an inch lower, it had touched the- diaphragma, and then all the world could not have saved his life : and, if it had pierced a nail's breadth deeper, it must have reached his heart. Mr. Harley took the broken blade out himself, and, having wiped it, called for the handle, and said, " They belong to me.'' And then, being dressed, ordered the surgeon to take care of Monsieur de Guiscard. See this more *t large, in the true narrative of this fact, published by J«hn Morpheir, 1711.
AN ESSAY
UPON THE
ORIGINAL AND DESIGN OF MAGISTRACY;
OR,
A MODEST VINDICATION
OF THE
LATE PROCEEDINGS* IN ENGLAND.
As to the author of this excellent tract, we caw say no more, than that he was equally an hater of rebellion and tyranny ; an impartial and judicious writer j that he had the public peace and prosperity more at heart, than any private view to serve himself; and, if it may be allowed to guess, by his expression in several places, he seems to have been a North Britain.
As to the design of it ; it was to prove the just rights of the prince and people ; to expose tyranny and rebellion ; to explode the doctrine of absolute non-resistance; to clear the Prince of Orange, and the English nation that adhered to him in the revolution, from all imputation of rebellion, &c. to prove that king James the second was a tyrant ; and the necessity of preserving the succession to the crown of Great Britain in the protestant line. All which is done with that conciseness and perspicuity, and so free from passion and faction, that, I presume, will re- commend it to every true lover of our present happy constitution.
AS the right knowledge of the supreme magistrate is the basis and foun- dation of our submissions, and the cause of all the blessings which, flow from a well-tempered government ; so the misapprehensions, and false notions, that many people, either through ignorance, or the pre- judice of education, frame to themselves of his power, are no less re- markable for their contrary effects.
We fall into extremes equally dangerous, if either we give the people so much liberty, that the magistrate cannot go about these great ends, for which he was designed, but like a weather-cock, is turned about at the pleasure of the mobile ; or such a boundless power to the magis- trate, as makes the property of the subject altogether precarious, de- pending on the caprice of an insatiable monarch.
* Concerning Ki»g Jawes II. hi the year lG88.
4 THE ORIGINAL AND DESIGN
To keep a just balance, we must consider magistracy, as it was first instituted by God Almighty, before it was depraved by the ambition, pride, and avarice of those who were invested in it. So that, in its original, it may be defined, a power delegated from God, for main- taining order, rewarding the virtues, and punishing the crimes of man- kind ; the application of which power is left free to any independent people or nation.
It cannot be doubted, but that God, as creator of all things, might, in his own person, have exercised a sovereign power over all his crea- tures, which, since he was not pleased to do, he thought fit, in his infi- nite wisdom, to appoint his lieutenants here on earth, to whom he com- municates some rays of his divine majesty, both to beget a greater re- verence for their persons, and procure a chearful obedience from those that were to be subject ; so that the profound deference, and blind submission, which millions of men pay to a mortal, perhaps, subject to as many infirmities as the most part of those he rules over, can be ascribed to nothing else but the firm persuasion of a divine institution : but, that we may the more admire the goodness of God in ordaining magistracy, he hath no less proposed man's happiness, than his own glory, that we might find it our interest, as well as duty, in obeying. For though man was born free, and, consequently, by nature, desirous of liberty ; yet, an unbounded freedom could have done him very lit- tle service in a" natural state, when innocency was no protection from the oppression of the stronger; but rapines, violence, and murder were the chief ways of acquiring right ; in this universal chaos, where homo •was hommi lupus, nothing was thought unlawful that ambition, ma- lice, or cruelty, could propose; so that the weaker were driven to a necessity of uniting their forces against the stronger. Then began they to erect societies, and make laws for regulating them ; the executing of which laws was committed to one or more persons, as the major part of the society thought fit to trust, who had the name of captain, general, or king : it was he who led them out to battle, who disposed of prizes, and punished malefactors; his commands were easily obeyed, because but few; and all just, honest, and profitable. These had not learned the arcana imperil, or secret ways to enslave their people ; but their eminent virtue and singular valour both procured their dignity, and maintained them in it; and having no sycophant flatterers about them, Jo abuse their easy credulity, they had not forgot that the people's liberty was resigned for no other end, but for obtaining a greater hap- piness under their protection, than what they could have proposed, if every individual had retained it in his own person.
There is no other original of magistracy to be learned from sacred or profane history ; for though the patriarchs had the government of their own families (which, by reason of their long age, were very numer- ous) yet that right was derived from the law of nature, and not from any civil obligation. They had for the most part no fixed habitation, but lived as strangers and sojourners, by the favour of other princes, and were never modeled into a commonwealth.
When dominions were enlarged, and empires began to be erected, different forms of government were established, according to the van-
OF MAGISTRACY. 5
«ras inclinations of the people; when the conqueror gave laws to the conquered, it was called despotic ; but when a free people did enter into a contract, and gave up their liberty on certain conditions, it was called a limited government, and these conditions the fundamental laws.
This sovereigniry was either entailed upon a particular family, for considerable services done to die commonwealth, or it was only to be held during life, whence succession and election.
There is a majesty in every free state, which is nothing; else but an independent power upon earth, tied to no laws, but these of God; these of nature and nations, and the fundamental laws of a kingdom.
This majesty is either real, or personal ; real is that independency, which every free state hath in relation to one another; personal, that right, when it is lodged in a particular person; which, though it be inseparable from the sovereign power, for the greater splendor, yet it may be violate, when the real remains intire, otherwise die freedom and independency of a nation would be extinct, by die death or cap- tivity of die prince.
To majesty or sovereign power are annexed die regalia, or regal right, which are, more or less, according to die measure of liberty given from, or reserved to die people, or dteir representatives at die first constitu- tion : for instance, a king may have power to make war or peace, and. yet cannot raise money ; die legislative power may be also divided, as it is in England, betwixt king and parliament, and generally in all mix- ed governments ; for diat maxim, that jura, majetlatis tumt imKtitm, does only take place in an absolute monarchy.
That power which die people reservedt from die sovereign, is called liberty, and it is either tacit or express ; tacit liberty is die exemp- tion of such dungs as cannot fall under die cognisance of die supreme power, which may be reduced to three. 1st. Religion, or die empire over die conscience, which belongs only to God Almighty. 2dly, The power of life and death, till we forefault diem by die divine law, or municipal laws of a kingdom. Srdly, Our goods and heritages, which cannot be taken from us widxrat a judicial process, or when die good of die commonwealth we live in, requires a share of diem. These duee privileges were ever reserved in die most ample resignation of liberty; die first we cannot give away, because not ours; we have right to die second, as men, who are to be governed by reason; to die third, as members of a society or commonwealth.
Express liberty is a stipulation, whereby some dungs are by express paction eximed from die power of die sovereign, by die people or dteir representatives ; which reservations are called privileges, and are either dins **«^M«JM^i by contract and agreement, at die first constitution, or are afterwards granted by princes, when diey would either oblige or gratify their people; as was die magna charta in England, and die edict of Nantes in France; or when dtey desire any favour from diem, as was d*e golden bull, wherein die emperor, Charles die fourth, granted considerable immunities to die electors, to engage diem to chute the stupid Venaaslus, his son, successor in die empire.
B3
6 THE ORIGINAL AND DESIGN
This property of the subject hath ever been the eye-sore of monarchs, though he has as just a claim to it, as these have to their crowns ; and whoever goes about to subvert it, dissolves the constitution, and fore- faults his own title ; since the same laws that bestowed this, at the same time secured that ; and maintaining the one was made an insepar- able condition of possessing the other. Neither can a rape, commit- ted on our liberty, be excused, upon pretence that authority is derived from heaven. For, the great Sovereign of the Universe, ordained magis- tracy for the preservation, not . the destruction of mankind ; and he never sent down any person or family from heaven, with a commission to enslave a people or nation, to whom the application of the civil power was left absolutely free, so that they might bestow it on whom, and after what manner they pleased ; for, though God loves order, yet he never approved of tyranny and oppression ; and he, who is all justice and mercy, can never be supposed to authorise what is contrary to both. So that whosoever acts beyond his commission, and destroys the flock, instead of protecting it, is so far from being God's vicegerent, that he is to be looked on as the common enemy of mankind.
The violation of the subject's property is called tyranny. A name, •which, at first, did only signify the regal power ; but, when liberty began to be oppressed, through the ambition, wickedness, or evil management of the governors, it was made use of, to denote the excess of power.
There are two sorts of tyrants, those in title, and those in administra- tion of the government. The first sort is he who usurps the crown without any title or just pretence ; as did Oliver Cromwell in England : of the other, one who hath a just right to the crown ; but, postponing the public good, acts arbitarily, and contrary to law : such a tyrant was Philip the second of Spain.
The want of a title, or a bad one, may be supplied by prescription, or the subsequent consent of the people ; to which, perhaps, the most part of princes must at last recur, unless they would derive their pedi- gree from one of the sons of Noah, and instruct an uninterrupted suc- cession ever since.
Tyranny is the most miserable condition a commonwealth can be in ; it dissolves the union betwixt king and subject, and exposes both to all the miseries that attend a civil war, and to the hazard of falling under a foreign power. Yea, even though a tyrant should be successful in his attempt, yet is he as far from his happiness as ever ; for, besides the inward remorses that incessantly gnaw his conscience, he suspects all men, fears every thing, and is most justly hated by all. So that they did not represent a tyrant ill, who drew him sitting under a canopy of state, feasting in great riot, with a naked sword hanging over his head.
What remedy is there then against so great an evil ? are we tamely to subject our necks to a yoke so insupportable to the more refined sort of men ? or are we to resist the supreme magistrate and reclaim him by arms when other means prove ineffectual ? The difficulty is great, and each opinion hath had its champions, who writ volumes in defence of their cause.
OF MAGISTRACY. 7
The horrid parricide of King Charles I. in the middle of this age,* was with great heat and zeal defended by Milton,t and impugned by the learned Salmasius, who being a stranger to our constitution, and the transaction of our country, (I speak it with reverence to so great a man) did but weakly defend so good a cause, in endeavouring to prove, that tyranny was not to be resisted, whereas he should have evinced (as easily he might) that Charles I. was a good prince and no tyrant.
The present revolution + in England revives the dispute, and en- gages me, contrary to my humour, to impart my thoughts Jo the public, with no other design than to contribute my mean endeavours for vindicating the nation's honour from the heavy imputations of trea- son and rebellion ; and, if 1 can make out that resistance in some case is lawful, I doubt not but I shall be easily able to demonstrate that the present taking up arms by the nobility and gentry of England, in defence of their religion, laws, and liberties, is both just and neces- sary.
There are three degrees of resistance. The first is the taking up arms against the civil magistrate. The second is, the deposing him, and shaking offour allegiance. The third proceeds to the inflicting of capi- tal punishment. Which last seems inhuman; because God has placed a certain sacredness in the person of princes, so that none can touch the Lord's anointed and be guiltless. And the depriving them of their crowns is a great enough punishment; and our injuries are sufficiently repaired, when we are out of the hazard of being any more obnoxious to them. The other two may be allowed of, provided the remedies be applied by fit persons, after a due manner, and with such caution, as a matter of so great importance does require.
First, By fit persons, as the nobility, gentry, and other representa- tives of the nation, who, as they are most concerned in the laws, are supposed to understand them, and consequeutly, are the best .judges of liberty. And they are persons of so much honour that it were a piece of ill breeding to suspect them of partiality.
Secondly, The tyranny must be evident and manifest; some few tyrannical acts do not constitute tyranny ; private injuries must be suf- fered, rather than hazard the public peace ; there must be a wilful subversion of the laws, not those of lesser moment, but such as shake the very foundations of government. David's murder and adultery were very arbitrary and tyrannical, and yet did not make him a tyrant ; for, human frailty is still to be indulged, seeing, on this side of time, perfection is not be expected.
Thirdly, This is a violent remedy, and, consequently, should be the last ; it ought to be gone about with the greatest deliberation and cir- cumspection imaginable; when addresses, petitions, supplications, and such gentle methods prove ineffectual.
Fourthly, The commonwealth must be in such danger, that the whole fabric would otherwise be dissolved and overturned.
+ Anno 1648, in the seventeenth century, t The poet and author of Paradise Lost, &c. I King Janes II's misrule, night, and abdication of the crown ia 1088.
B 4
8 THE ORIGINAL AND DESIGN
Lastly, The effectuating of the design must be certain, otherwise, we fall into a worse evil, than that we seek to shun ; for, confusion and anarchy are worse than tyranny ; and a wounded head is better than none at all.
What is objected against this opinion, from the old and new testa- ment, is very judiciously refuted by the author of the " Inquiry into the measures of submission."
The second argument is taken from the oath of allegiance, which subjects swear to their prince, whereby they engage never to rise in arms against him. To which, it is answered, that this oath is acces- sory to the contract agreed on betwixt the king and people, and so must follow the nature of its principle. The nature of all contracts is obligatory on both parties ; so T;hat, if one of the parties fail in the per- forming his part, the other is loosed from his obligation. As it is in this case, the people devolve the power on the prince upon certain conditions, expressly specified. The accepting of a crown on such terms, binds the prince to perform the conditions; if he does not per- form them, he, in effect, renounces his right, and tacitly consents that it return to those who bestowed it.
Lawyers say, that contracts can only oblige equals ; and therefore no paction betwixt king and subject can be binding. There is no force in this argument, if we advert that, when this stipulation was made, the prince and subjects were equal, and were only distinguished after the power was conferred.
Thirdly, They instance, that this does not bind the successor. To which, it is answered, that the prince engages for himself and succes- sors ; who, if they would reap the advantage from their predecessors, must have also the disadvantage of being tied to the same rules they were adstricted to. But, for the further security, none is admitted to the government, till they take the coronation oath.
Fourthly, They upbraid us with the example of the primitive Christians, who suffered the persecution of heathen emperors, with the greatest moderation and patience. 1 do admire, as well as they, the constancy,1 patience, and other virtues, which these holy men were en- dued with; but their case and ours is quite different. Paganism, at that time, was established by law, and Christianity condemned; the professors whereof suffered, as the disturbers of the public peace ; but, blessed be God, the law is now on our side ; and our religion is be- come a great part of our property ; and the peace of our country does very much depend on the preservation of it. Besides, if the Christian religion had been propagated by arms, its worth had been diminished, and the reputation of the first founders of Christianity had very much suffered; whereas the morality and justice of all its precepts, the holi- ness and purity of its doctrine, were of sufficient efficacy to recommend it ; and the constancy and resolution, with which the first christains suffered martyrdom, were strong motives to convince the pagan world of the truth of it. But in our Christian commonwealth, where there are no more heathens to convert, as the robbing us of our religion would be the highest act of injustice, so the parting with it tamely, would argue the greatest stupidity and inconcernedness that man caa be capable of.
OF MAGISTRACY. 9
The only difficulty that remains, is, Who will be judge of the prince's actions, to know when he is a tyrant, and when not? If it •were allowed to the Prince himself, he would be too partial. If we should constitute a right in the people, they would be too apt to mis- construe the prince's actions, which should ever receive the most be- nign interpretation that the subject can admit. So that, to shun both inconveniencies, the controversy must be decided by the laws of the kingdom. There is just such a plea betwixt the Church of Rome and the Protestants, concerning a judge of controversies. They contend for the Pope as Christ's Vicar, and reject the scriptures, which we believe are the only Rule of Faith ; and that, in them, all things, which relate to salvation, are clearly set down, so that those of the meanest capaci- ties may easily understand them.
In a politic state the supreme magistrate is sworn to rule accord- ing to the fundamental laws of the kingdom, which we must suppose are known both to king and people ; because they are a rule to direct the government of the one, and a measure of the obedience of the other, and were fairly enacted at the first constitution. It is true, in- deed, that if a law, made by the civil power, contains any obscurity, the sole power of interpreting that law belongs to the lawgivers; but we must imagine the fundamental laws full of perspicuity, and, except there be a notorious violation of them, resistance can never be lawful.
What has been said on this general head, will not answer the design of this paper, if it cannot be applied to the present state of affairs in England. For it is of no purpose to prove, that tyranny is to be re- sisted by arms ; unless we make it appear, that the English government had altogether degenerated into tyranny ; and that the taking up of arms, under the auspicious conduct of his highness the Prince of Orange, was no rash act, but done after mature deliberation, and with all the circumspection that an affair of so great importance did require.
The great and earnest endeavours to have the Ibill of exclusion passed*, did sufficiently evince what fears and jealousies the parliament had of the danger to which their religion and liberties would necessarily be exposed under a popish successor. His Majesty 'sf behaviour since he came to the crown, has clearly demonstrated that these fears were not groundless ; for, not being content to introduce the popish religion, so much contrary to law, he hath endeavoured to alter the whole frame of the constitution, and swallow up all our liberties and privileges, in an arbitrary and despotic powerj.
First, The first step was made against the freedom of parliaments (which makes up a great part of the government, by their having a share of the legislative power lodged in them) by their issuing quo- warranto's against all the burghs and corporations in England. The most part of them, either through fear or force, did surrender their charters to the king, who placed such magistrates in them, as he was
* In King Charles the Second's time, against the Duke of York, a papist, afterwards King James the Second, whose principles were destructive of our religion and ecclesiastical state, and all the laws by which our church was established.
t King James the Second.
I See his commission for erecting an Ecclesiastic Commission Court.
10 THE ORIGINAL AND DESIGN
most assured of, and, by this means, did altogether invert the freedom of election.
Secondly, Nothing could be more contrary to law, than the erecting of seminaries of Priests and Jesuits in all the capital cities of his domi- nions ; yea, such confidence hath he reposed in that order, that he hath committed the direction of his conscience to* one of its fathers, and was not ashamed to own himself a son of their society.
Thirdly, His pretence to a dispensing power was no mean breach of his coronation oath ; for, by it, he usurped the whole legislative power ; and would have imposed on the people (in procuring the votes of the twelve mercenary judges) if they had not wisely foreseen the dangerous consequences, and feared that his majesty would farther oblige his Roman Catholic subjects, by Repealing all the laws that were enacted in favour of the Protestant religion.
It was by virtue of this dispensing power, that the ecclesiastic com- mission was established ; the Bishop of London suspended ; the Fellows of Magdalen College turned out : and, because the bishops of England would not so far justify his illegal pretences, as to cause their clergy to read the Declaration for Liberty of Consciencef from their pulpits, they quickly saw all the fair promises made them evanish, and the Loyal Church of England was first branded with the infamous character of trumpeters of rebellion, and afterwards treated as the worst of cri- minals; a very bad recompence for that great zeal with which they had ever preached up the impracticable doctrine of non-resistance.
Fourthly, In prosecution of the blessed design of reducing heretics to the see of Rome, all ways were taken to discourage protestants, who were not only debarred from offices and employments of any trust, unless upon such conditions, as the court pleased to impose, but were even turned out of those that had been heritable to their families ; and a great part of the militia was intrusted to Roman Catholics, of purpose to overawe the parliaments, in case the next assembly should have proved stubborn.
Fifthly, Though by many laws the holding correspondence, any way with Rome, be declared high-treason, yet hath his majesty had his resident there, and Deceived his nuncio here, to the great scandal of all good Protestants, and true-hearted Englishmen : for it is in effect a subjecting the kingdom to a slavery from which our ancestors had most gloriously delivered us. These things were acted in the face of the sun+, and none can deny them without renouncing the most comfort- able of all his senses ; yea, the king himself did sufficiently acknowledge them, by his sudden restoring the city charters, Magdalen College, and some other of the grosser sort of abuses, upon the first information he got of the Prince's || Declaration.
The king's old age, and the fair prospect of a Protestant successor, made us suffer these things patiently, because we hoped to be very shortly delivered from them ; but, to despair us, and cut off all our
* Father Peters, a Jesuit, and one of his privy council.
t Calculated to introduce popery, against all the laws in force against that superstition,
J As shall be more particularly shewn in the course of this miscellany.
ti Of Orange.
OF MAGISTRACY. ll
hopes, and to punish the Prince and Princess of Orange, for refusing to comply with the king's will, there is a sudden rumour spread of the queen's being with child, which, as it did alarm the whole kingdom, so it made these, who were most concerned, be at some pains to be assured of the truth of it ; and yet, after the most exact enquiry, their doubts were increased.
The court was not ignorant of all this, and yet would not give them- selves the least trouble to satisfy them, though they had the greatest interest in the world to do it.
The place of the queen's lying-in was so uncertain, and the manage- ment of the birth so mysterious ; the sending away the Princess of Denmark*, the imprisoning the bishops in the Tower, gave more than probable grounds to suspect an imposture; and though these be but presumptions, and have not the strength of a full probation, yet they transfer a necessity of eliding them by clearer evidences.
Thus, our religion, liberties, and laws being ready to sink, when gentle methods had proved ineffectual, when addresses and supplica- tions, even from the most loyal part of the nation, were counted so many acts of treason, it was high time to recur to that remedy which nature seems to dictate to every individual in its own defence.
That zeal, with which his highness the Prince of Orange had ever espoused the Protestant interest, against all its adversaries, made the nobility and gentry of England unanimously pitch on him as the fittest person to be their deliverer ; and, both he and his Princess being so nearly interested in the succession, no rational man can blame him for appearing in arms, and demanding satisfaction that way, which hitherto had been refused him. If the remedy had been delayed, it is more than probable, the greater part of the nation had fallen a sacrifice to popery and arbitrary government.
I shall conclude all with a short reflection upon his majesty's leaving the kingdom, and going for France, which action alone hath done him more hurt, than all the rest together ; for, by depriving us of that protection, which we might expect from his government, he looses his subjects from that allegiance they swore unto, upon no other condition, than so long as they should enjoy so great a benefit: neither can any, who knows his majesty's temper, impute his flight to fear or cowardice, but rather of his being conscious of a certain guilt, which did banish him from one of the greatest stations in the world, and robbed him of that bravery and resolution, that he is naturally attended with ; and which though he had wanted, yet innocency had supported him, and made him out-brave all the malicious calumnies of his enemies, with such an heroic constancy of mind, as seldom or never fails to come off victorious.
The Priocef had also acquainted him in his declaration, that he had no other design in coming to England, than to refer all the griev- ances.of the nation, and his own pretences, to a free parliament. Neither the king, nor any man else, could ever accuse this prince with
* Afterwards Queen Anne, who was marrirJ to Prince George of Denmark, t Of Orange.
12 THE ORIGINAL AND DESIGN, &c.
the least breach of promise : and, though he had been wanting in that reverence that is due to the character of an uncle and father-in-law, yet the prince's own interest had secured the king from any harsh treat- ment ; for, if any thing had been attempted against his person, the nation's eyes~ixid been opened and would have seen clearly, that these specious pretences of liberty and property were but so many delusions, and such a treatment certainly had deserved the greatest resentment.
But if the king must needs go, can he find no place for shelter but France? Where so much Protestant blood hath been so lately shed*, with the greatest cruelty and barbarity that ever was heard ; he cannot be ignorant that his subjects have a natural aversion for that nation, and that this close and constant correspondence with its monarch, gave them just jealousies to apprehend, that there was more than an ordinary friendship betwixt them, which was every day increased, by his copy- ing so near the methods that had been used in that nation, for suppressing the protestant religion, and establishingt arbitrary govern- ment. And, if the kingj have any hopes to reduce his subjects by invading them on the head of a French army, he will find them but ill- grounded ; for, instead of reconciling them to him, so dangerous and improper a method would even alienate the hearts of his best friends, and Britain would shew itself as forward to fight against popery and tyranny, as itwas averse from giving proofs of its courage, when it must needs have been fatal to liberty and the protestant religion.
* Against the faith of solemn treaties and national laws.
t Of which jealousies we can have no better idea than what is strongly conveyed to posterity by an ingenious author, who wrote soon after, in these words:
" Though I was never much surprised and alarmed with popular or artificial fears and jealou- " sies (which will perhaps make a noise, even in the most promising seasons, as long as the world " endures) yet, when matter of fact is notoriously plain and evident ; when tyrannical, base, and " undermining principles are seconded with power, revenge, and successful issues; it is a weak •' piece of bravery merely to defy danger, and rank folly and stupidity not to be nationally con- '• cerned.
" The politics of France are now fairly legible in speeches and bravadoes, in actions and me- •' naces, and many self-evident tokens of a designed usurpation ; and we are not only to expect " the same burning effects from the same damning cause ; but have also too just and apparent •' reason to fear, that we shall be graduated up, through all the decent forms of ingenious cruelty, '• and the several stages of torture to a more solemn and ceremonious death, if ever Popery " lift up its head in England.
" Perhaps, the more dull and half-witted priests may content themselves with a short fiery " trial ; with the plain and old-fashioned way of sacrificing heretics to the Roman idol ; and I " have charity to believe, there are many kind and good-natured Romanists amongst us, who are " so much our friends, a* to shrink and tremble even at the thoughts of such barbarities as these. " But all their good wishes prove but vain and plausible nothings, when the insolent Jesuit has " got the ascendant, and is roaring up and down with racks, wheels, and damnation in his " mouth, and all the terrors of the ten persecutions. And what will a Not swearing, or.Who would " have thought it, signify, when our gates are set open to that Royal Thunderer, who has been " so far influenced by his beloved oracles, and the omnipotent charms of canonical executioners, " as to give no rest either to the world or himself; and whose magnified conduct bears a near
" resemblance to that awful sort of majesty, which Mr. D n presents us with, in his notable
* description of a bull after this manner :
While monarch-like, he ranged the listed field,
Some toss'd, some gor*d, some trampling down he kill'd.
j James II.
< 13 )
VOX REGIS.
As an APPENDIX to what hath been said, we shall presume to annex part of Kinj James the First's Speeches to the Parliaments in 1603 and 1609, who was grand- father to King James the Second : As also his Advice to his Son in his Banilicon Doron ; which Appendix is entitled Vox Regis, or the Difference betwixt a King Ruling by Law, and a Tyrant by his own Will ; and at the same time declaring liis Royal Opinion of the Excellency of the English Laws, Rights, and Pri- vileges, viz
In his speech to the parliament 1^03, he expresseth himself in these
words, viz. ' T DO acknowledge, that the special and greatest point of difference
* A that is betwixt a rightful king, and an usurping tyrant, is this : that
* whereas the proud and ambitious tyrant deth think his kingdom
* and people are only ordained for satisfaction of his desires, and unrea-
* sonable appetites; the righteous and just king doth, by the contrary, ' acknowledge himself to be ordained for the procuring of the wealth ' and prosperity of his people ; and that his great and principal worldly ' felicity must consist in their prosperity : if you be rich, I cannot be ' poor; if you be happy, I cannot but be fortunate ; and, I protest, your
* welfare shall ever be my greatest care and contentment. And, that I ' am a servant, it is mosf; true, that as I am head and governor of all the ' people in my dominion, who are my natural subjects, considering ' them in distinct ranks, so if we will take in the people as one body, 4 then as the head is ordained for the body, and not the body for the ' head, so must a righteous king know himself to be ordained for his
* people, and not his people for him.
* Wherefore I will never be ashamed to confess it my principal ho- ' nour, to be the great servant of the commonwealth, and ever think ' the prosperity thereof to be my greatest felicity, &c.
In his Speech to the Parliament, March 21, 1609, he expresseth
himself as followeth:
' IN these, our times, we are to distinguish betwixt the state of kings in the first original, and between the state of settled kings and mo- narchs, that do at this time govern in civil kingdoms : for even as God, during the time of the old testament, spake by oracles, and wrought by miracles ; yet, how soon it pleased him to settle a church (which was bought and redeemed by the blood of his only Son Christ) then was there a cession of both : he ever after governing his church and people within the limits of his revealed will. So in the first ori- ginal of kings, whereof some had their beginning by conquest, and some by election of the people, their wills at that time served for a law ; yet how soon kingdoms began to be settled in civility and policy, then did kings set down their minds by laws, which are pro- perly made by the king only ; but, at the rogation of the people, the king^s grant being obtained thereunto ; and so the king came to be lex foquens, a speaking law, after a sort, binding himself, by a double
14 VOX REGIS,
'oath, to the observation of the fundamental laws of his kingdoms ' tacitly, as by being a king, and so bound to protect as well the peo-
* pie, as the laws of his kingdom ; and expressly by his oath at his co- ' ronation : so as every just king, in a settled kingdom, is bound to
* observe that paction made to his people by his laws, in framing his ' government agreeable thereunto, according to that paction which God ' made with Noah after the deluge : hereafter, seed-time and harvest, ' summer and winter, cold and heat, day and night shall not cease, so
* long as the earth remains. And therefore a king, governing in a
* settled kingdom, leaves to be a king, and degenerates into a tyrant, ' as soon as he leaves off to rule according to his laws. In which case, ' the king's conscience may speak unto him, as the poor widow said to
* Philip of Macedon, either govern according to your law, out ne Rex
* sis, or cease to be king ; and though no Christian man ought to allow
* any rebellion of people against their prince ; yet doth God never leave
* kings unpunished, when they transgress these limits*. For in that
* same Psalm, where God saith to kings, Vos dii estis, Ye are Gods, ' he immediately thereafter concludes, But ye shall die like men. The ' higher we are placed, the greater shall our fall be ; Ut casus sic dolor,
* as the fall, so the grief; the taller the trees be, the more in danger of ' the wind ; and the tempest beats sorest upon the highest mountains. ' Therefore, all kings that are no tyrants, or perjured, will be glad to ' bind themselves within the limits of their laws., and they that per- ' suade them the contrary, are vipers and pests, both against them and
* the commonwealth. For it is a great difference betwixt a king's go- ' vernment in a settled estate, and what kings, in their original power, ' might do in Indvciduo vago : As for my part I thank God, I have
* ever given good proof, that I never had intention to the contrary : and ' I am sure to go to my grave with that reputation and comfort, that ' never king was, in all his time, more careful to have his laws duly ' observed, and himself to govern 'thereafter, than I.
* Just kings will ever be willing to declare what they will do, if they ' will not incur the curse of God. I will not be content that my power ' be disputed upon, but I shall ever be willing to make the reason ap- ' pear of all my doings, and rule my actions according to the laws.
And, afterwards, speaking of the common law of. England, which some conceived he contemned, saith to this purpose : ' That, as a king, he had least cause of any man to dislike the common law ; for, no law can be more favourable and advantageous for a king, and ex- tendeth further his prerogative, than it doth ; and for a king of Eng- land to despise the common law, it is to neglect his own crown. It is true, that no kingdom in the world but every one of them hath their own municipal laws, agreeable to their customs, as this king- dom hath the common law. Nay, I am so far from disallowing the common law, as I protest, that, if it were in my hand to chuse a new law for this kingdom, I would not only prefer it before any other na- tional law, but even before the very judicial law of Moses, for conve- niency to this kingdom at this time, though in another respect, I must
• See this verified in the persons of King Charles the First, and King James the Second, hi* son and grandion.
3
VOX REGIS. 15
' say, both our law, and all other laws else, are very inferior to that ' judicial law of God; for no book nor law is perfect, nor free from cor- ' ruption, except only the book and law of God. And, therefore, I
* could wish, that some corruptions might be purged and cleared in ' the common law, but always by the advice of parliaments ; for ' the king with his parliament, here,* are absolute in making or form- ' ing of any sort of laws.
' First, I could wish that it were written in our vulgar language ;f
* for now it is an old mixed corrupt language, only understood by
* lawyers ; whereas every subject ought to understand the law under ' which he lives; for, since it is dur plea against the papists, that the
* language in God's service ought not to be an unknown tongue, accord- ' ing to the rule in the law of Moses, that the law should be written
* in the fringes of the priest's garment, and should be publicly read in 4 the ears of all the people ; so, methinks, ought our law to be made as ' plain as can be to the people, that the excuse of ignorance may be
* taken from them for conforming themselves thereunto.
' Next, Our common law hath not a settled text, being chiefly ' grounded upon old customs, which you call responsa prudentum •
* I could wish that some more certain were set down in this case by ' parliament ; for since the reports themselves are not always so binding,
* but that divers times judges do disclaim them, and recede from the ' judgement of their predecessors ; it were good that upon a mature de-
* liberation the exposition of the law were set down by act of parlia-
* ment, and such reports therein confirmed as were thought fit to serve
* for law in all times hereafter, and so the people should not depend
* upon the bare opinions of judges, and uncertain reports.
* And lastly, there be in the law contrary reports and precedents j ' and this corruption doth likewise concern the statutes and acts of
* parliament, in respect there are divers cross and cuffing statutes, and
* some so penned as they may be taken in divers, yea contrary senses.
* And, therefore, would I wish both those statutes and reports, as well
* in the parliament as common law, to be once materially reviewed
* and reconciled.
* And that not only contrarieties should be scraped out of our books, ' but that even such penal statutes, as were made but for the use of the ' time, (for breach whereof no man can be free) which do not now
* agree with the condition of this our time, might likewise be left out
* of our books, which under a tyrannous and avaricious king could ' not be endured.
* And this reformation might, we think, be made a worthy work,
* and well deserves a parliament to be set of purpose for it, &c.'
And as to the point of grievances he tells them, ' That there are two
* special causes of the people's presenting grievances to their king in ' time of parliament.
* First, For that the king cannot at other times be so well informed
* of all the grievances of his people, as in time of parliament, whick
• In lugland. + Thi* bat been Uttly enacted by the Parliament-
16 VOX REGIS.
' is the representative body of the whole realm. Secondly, The par*
* liament is the highest court of justice, and therefore the fittest ' place where divers natures of grievances may have their proper reme- ' dy by the establishment of good and wholesome laws: wherein he
* addresses himself especially to the lower house, who, as representing ' the body of the people, may as it were both opportune and inoppor* 1 fund, in season and out of season ; I mean either in Parliament, as a
* body, or out of parliament as private men, present your grievances
* unto me.
' I am not to find fault that you inform yourselves of the particular ' grievances of the people: nay I must tell yon, ye can neither be just
* nor faithful to me or to your countries, that trust and employ you, ' if you do not ; for true plaints proceed not from the persons employ-
* ed, but from the body represented, which is the people. And it may
* very well be, that many directions and commissions, justly given forth
* by me, may be abused in the execution thereof upon the people, and ' yet I never receive information, except it come by your means at such ' a time as this is.*
To which we may add what he saith to his son, in his Basilicon Doron, p. 155, 156, of his works, viz.
' FOR the part of making and executing of laws, consider first the
* true difference betwixt a lawful king and an usurping tyrant, and ye
* shall the. more easily understand your duty herein ; for contraria ' juxta se posita magis elucescunt. The one acknowledged himself or-
* dained for his people, having received from God a burden of gov.ern- ' mentr whereof he must be accountable; the other thinketh his peo- ' pie ordained for him, a prey to his passions and inordinate appetites,
* as the fruits of his magnanimity. And, therefore, as their ends are ' directly contrary, so are their whole actions, as means whereby they
* press to attain to their ends. A good king thinketh the highest hon-
* our to consist in the due discharge of his calling, employeth all by ' study and pains to procure and maintain, by the making and execu-
* tion of goocj laws, the welfare and peace of his people; and, as their
* natural father and kindly master, thinketh his greatest contentment
' standeth in their prosperity, and his greatest surety in having their ,
* hearts, subjecting his own private affections and appetites to the weal 1 and standing of his subjects, ever thinking the common interest his- ' chiefest particular ; whereby the contrary, an usurping tyrant think-
* ing his greatest honour and felicity to consist in attaining per fas out
* nefas, to his ambitious pretences, thinketh never himself sure but by
* the dissension and factions among his people, and counterfeiting the ' saint, while he once creep in credit, will then, by inverting all good ' laws to serve only his only private affections, frame the common fr weal ever to advance his particular, building his surety upon his
* people's misery; and in the end, as a step-father and an uncouth ' hireling, make up his own hand upon the ruins of the republic ; ' and, according to their actions, so receive they their reward.
' For a good king, after a happy reign, dieth in peace, lamented ' by his subjects, admired by his neighbours, and, leaving a reverence
A PLEA FOR LIMITED MONARCHY. 17
' behind him on earth, obtaineth the crown of eternal felicity in ' heaven. And, although some of them (which falleth out very rarely) ' may be cut off by the treason of some unnatural subjects, yet liveth ' their fame after them, and some notable plague faileth never to
* overtake the committers in this life, besides their infamy to all pos- ' terities hereafter.
* Whereby the contrary, a tyrant's miserable and infamous lifearmeth
* in the end his own subjects to become by burreaux ; and, although
* that rebellion be ever unlawful on their part, yet is the world so
* wearied of him, that his fall is little meaned by the rest of his sub- ' jects, and but smiled at by his neighbours. And, besides the ih- ' famous memory he leaveth behind him here, and the endless pain he ' sustaineth hereafter, it oft falleth out, that the committers not only
* escape unpunished, but farther, the fact will remain as allowed by ' the law in divers ages thereafter.
' It is easy then for you, my son, to make choice of one of these two ' sorts of rulers, by following the way of virtue to establish your stand- ' ing-'
A
PLEA FOR LIMITED MONARCHY,
As it was established in this Nation, before the late War, In an humble ADDRESS to His Excellency GENERAL MONK,
By a Zealot for the good old Laws of his Country, before any Faction or Caprice, WITH ADDITIONS.
Optima LibertaSy ubi Rex, cum Lege, gubernat.
PRINTED IN THE YEAR MDCLX.
This excellent Tract is said to be written by Sir Roger L'Estrange, and without the heat of Party or Faction, conveys to us a desirable representation of true Eng- lish Liberty, only to be supported by Monarchy -, and the eminent danger it Ml into by Anarchy, in the time of the great rebellion, and may properly be re- corded as an efficacious Antidote agaiust Republicans and State- levellers.
SIR,
FINDING, by several letters, published in your name, that you profess a more than ordinary zeal to popular government; and not knowing any thing herein, that can so mislead you, but the glorious pretence of a free state (a notion, which hath even intoxicated many otherwise great and worthy persons) I held it my duty, first, to ac- quaint you, how necessary it is to distinguish betwixt the form and
VOL. I. C
18 A PLEA FOR LIMITED MONARCHY,
essence of a commonwealth ; the mistake whereof (each for the other> hath proved so fatal in our times*. Next, to examine whether those that surfeited of our kingly government, and longed for novelty, have not, indeed (like the dog in the fable) lost the substance of liberty and- happiness, in pursuit of the shadow.
Our fierce champions of a free state will not, I presume, maintain- that it is subject to no violations, lest woeful experience confute, and force them to confess, either that a commonwealth may degenerate, or, at least,- that this never was a commonwealth ; andr as they must re- nounce their senses, so they must deny the faith of story, which proves that pepublicfcs have been- sometimes invaded with usurpation, some- times debauched- and embased with oligarchy, mostly by reason of their weakness and divisions, subdued or forced to truckle under their neighbouring princes; always tormented with faction. Nei- ther indeed do they themselves offer any argument but such as, in effect,- beg the question, by presupposing great unity in the coalition, great probity in the intention, and great purity in the exercise; which, doubtless, being admitted, we should so little need to differ about forms, that, perhaps,, we should scarce need any government at all. The stoutest assertors of monarchy must, likewise, acknowledge, that it, being but earthenware (though the finest and strongest) is subject to divers accidents ; for nothing under heaven is perfect. And, when we constitute governments, we must not think to build Babels against the deluge, but imbank against floods, and inclose the best we caa against trespassers. This being premised, let us consider these two govern- ments, not metaphysically, in notions abstracted from their subjects (a pastime which our Platonics much delight in) but morally and reason- ably, as concrete and adapted to- times, places, and- persons^ viz. our own.
I might, perhaps, decide the question in few words, by alledging the manifest inclination of the whole people, now, to monarchy ; for, as no man can be wronged with his consent, so neither is any to be obliged against his will ; and how should a government, .founded upon inequality and force, ever subsist without it? Or, a state, which is the meer adjective of an army, become a substantive ; beginnings of this kind being so ominous ? As reasonably might I object matter of title and foreign pretence; for the same estate with a flaw in the convey- ance, or clogged with statutes and judgments, is not surely of like value, as if it had descended clearly from the great-grandfather, and were free both from claims and' incumbrances ; and one that hath little, yet owes nothing, is likelier to thrive than he who owing vast sums (which he resolves never to pay) dares not walk the streets for fear of Serjeants ; but my intent is only to shew, that our formerf go- veinment (as it excellently complied with the laws, genius, and in- terest of this nation) so it comprehended all the benefits of a common- wealth in great perfection ; and this I shall do as briefly as I can.
To shew how it complied with our laws and constitutions, let it suf- fice that (monarchy, in these nations, being more antient than story or
> • Alluding to the days of Anarchy iu the grand rebellion,
t i,e, Monarchical.
3
A PLEA FOR LIMITED MONARCHY. 19
record, more venerable than tradition itself) our laws were, as it were, under that climate, habituated to that air and diet> grafted into that stock; and though they have, God be thanked ! forgot their Norman*, yet they will hardly learn Greekf, much less UtopianJ. That, in the late Protector's§ times, our lawyers, with one voice, importuned him, ra- ther to assume the stile and power of a king, to which they found all our laws were shaped, than retain that of a Protector, unknown to the law ; that nothing had rendered our architectors of a commonwealth more obnoxious, than that their infinite discords, in other things, ge- nerally agreed in the necessity of subverting all our fundamentals, in order to their design; which hath likewise obliged all sober men and true patriots, even the chiefest pillars of the parliament's cause, in the late war, to unite themselves with the royal interest, as not enduring to hear of those violent and dangerous alterations, which they see a repub- lic must introduce.
For its compliance with our genius consider, that as our English nature is not, like the French, supple to oppression, and apt to delight in that pomp and magnificence of their lords, which they know is sup- ported with their slavery and hunger; nor like the Highland Scots, xvhere the honour and interest of the chief is the glory of the whole clan ; so doth it as little or less agree with the Dutch humour, addicted only to traffic, navigation, handy-crafts, and sordid thrift; and (in defiance of heraldry) every man fancying his own scutcheon. Doth not every one amongst us, that hath the name of a gentleman, aim his utmost to uphold it? Every one that hath not, to raise one? To this end, do not our very yeomen commonly leave their lands to the eldest son, and to the others nothing but a flail or plough? Did not every one, that had any thing like an estate, pinch himself in his condition, t(3 purchase a knighthood or small patent? What need further proof? Our late experience)) of that glimpse and shadow of monarchy (though in persons hated and scorned, and upon a most scandalous account) yet, for mere resemblance, admitted as tolerable, and, in respect of a commonwealth, courted, clearly evinces, how grateful the subtsance would be to Englishmen.
For our interest briefly (we wave tedious and politic discourses) cer- tain it is, that our republic, were it like to settle, would alarm all our neighbours, would make our best allies our bitterest enemies, and, upon several accounts, probably draw upon us the united forces ot Christendom to crush the embryo. Which, the nation being so weak- ened and divided as it is, must evidently endanger our total oppression, or, at least, to bring in the king by conquest. Besides, by what title shall we pretend to hold Scotland and Ireland, since that of descent is now avoided, and consent we know there is none; nor, indeed, can any be expected ?
I come now to assert, that our formerly government eminently in-
• Brought in by William the Conqueror, Duke of Normandy.
t i. e. The forms of government which the Grecian republicks submitted to, which were as ra- rious as the humours ot the people.
i A chimerical sort of government, which never had any existence. « Oliver Cromwell.
,| Under Richard Cromwell. See his speech and letter to the parliament in this number ^ By king and parliament.
G 2
20 A PLEA FOR LIMITED MONARCHY.
eluded all the perfections of a free state, and was the kernel, as it were, of a commonwealth, in the shell of monarchy. First, I will begin with the essential parts of a commonwealth, which are three, viz. the senate proposing, the people resolving, the magistrate executing. For the senate or parliament, if ever there were a free and honourable one, it was here ; where the deputies of the whole nation, most freely chosen,. didr with like freedom, meet, propound, debate, and vote all matters of common interest. No danger escaped their representing; no grievance, their complaint ; no public right, their claim ; or good, their demand ; in all which, the least breach of privilege was branded as a civil sacri- lege ; and though there lay no appeal to the dispersed body of the peo- ple (a decision manifestly impracticable in government, and fitter in- deed for tribunes to move than nations to admit) yet, elections being so popular, and. assemblies frequent, the same end was attained with much more safety and convenience. The prince had, likewise, in effect, but an executive power, which he exercised by ministers and officers, not only sworn, but severely accountable. For, though both he and the lords had their negatives in making laws, yet (no tax being impossible, but by consent of the commons,, nor any law, without it, of such vali- dity, that the ministers of justice durst enforce it) there was a wise and sweet necessity for the king, and likewise for the lords, who were but as a grain in the royal scale, to confirm all such bills, as were convenient for the people, and not greatly hurtful to the prince ; and so this bug- bear negative was resolved into a meer target, to shelter and preserve the government from being altered, at the will of the commons, if, at any time, they should prove factious ; which (being in reason manifest^ hath been also confirmed by great experience^ Our kings having, rarely, obstructed any bill, which they might safely grant ; but, on the other side, passed many high acts of meer grace, circumscribing their prerogative, and clipping its wings ; nay, I could wish they had not pierced its bowek. This was that triple cord, which, one would think, could not be broken; nor, indeed, was it broken, but cut asunder*. This was our go 1<1, seven times refined; for every bill, be- ing thrice readrdebated, and agreed, m either house, was, at last, brought to the king, for his royal assent, the mint of our laws. A trial so ex- act, that, surely, no dross could escape it; since all interests must thereto concur, as truly it was but fit they should, in the establish- ment of that, which must bind them all. This was that temperament, which poised our humours, and, at oncer endued xis with health, vi- gour, and beauty ~ No vote was precipitated, no act was huddled up ; as by sad events we have since seen, that, power being ingrossed byf one of the estates, purged and modelled to the interests of a faction ; a consequence natural to such premises. As in a balance consisting but of one scale, nothing hath been weighed ; our laws have been made man- drakes of a night's growth, and our times as fickle as the weather, or multitude.
The king, indeed, had the power of making war, but he had not the means; and then it signified no more than giving him leave to fly,
'
• When King Charles the First's head was cut off. ' Th« rump parl'.amoD*:.
A PLEA FOR LIMITED MONARCHY. 21
if he could get wings; or to go beyond sea, so he went without ship- ping. He had a sword, but he alone could never draw it ; for the trained-bands* were a weapon, which he decently wore, but the na- tion only could use. He chose his ministers {as who doth not his ser- vants?) but alas, he was accountable for them to the triennial parlia- ment, which none but the soundest integrity could abide. He could hinder the stroke of justice with his pardon (though still, the jaws not being muzzled, it would bite terribly) but certainly, it was great wis- dom rather to give way, since, with his own scandal, he could afford offenders but a lame and scurvy protection ; and since the power of re- lieving his wants rested in the commons, to balance his will, and •oblige him to a correspondence with parliaments.
That his person should be most sacred, it was but needful, to avoid circulation of account; reasonable, since it carries with it the consent of nations; just, that he should not be the meer butt of faction and malice, in worse condition than the basest of vassals ; honourable, that the nakedness of government might not be daily uncovered ; wise, in the constitution, not at once to trust and provoke, by forcing him to shift for his own indemnity, no danger to the public seeming so ex- treme as the outlawry of a prince; no task, by daily experience, so difficult, as the arraigning of any power, whether regal or popular ; and since we make golden bridges, for flying enemies, much more may we afford them to relenting sovereigns ; (upon which account, in our neighbour kingdom of France, even princes of the blood are not sub- jected to capital punishments;) finally, very safe, in the consequent, for, being, by the danger, threatening his corrupt ministers, in all pro- bability, stripped of agents, his personal impunity might well signify somewhat to himself, but nothing to the people.
A revenue he had, for the support of his state and family, ample ; for the ordinary protection of his people, sufficient ; but for any un- dertaking, defective; aad for public oppression, so inconsiderable, that when prerogative was most rampant, our greatest princes (and some, doubtless, we have had the most renowned warriors of their ages) could never prudently aspire to make themselves sole legislators, nor presumed to maintain red-coats in times of peace. If any object (as some concerned are ready enough) that kingly power could here no longer subsist, for want of revenue ; it is easily answered, that a king of France, indeed, could not, and God forbid he should ! but a king of England might, and, for aught I see, still may (the sale of crown-lands, which exceeded not the value of .£100,000 per annum, being, methinks, no matter of utter ruin, but rather of easy compen- sation). For the public revenue was proportioned to the maintenance of courts, not camps and fleets. A gentleman of reasonable estate may live well on his rents ; but then, it is not convenient he should keep wenches, or hangers-on, nor build, nor study chymistryf. In fine, the revenue was very competent for ordinary disbursements ; as
• The army.
-f Alluding to the bewitching study of finding out the philosopher's stoue, 'Which employed »0 %<i:iy brains and draiued so mauy pockets in those days,
_ f\
22 A PLEA FOR LIMITED MONARCHY.
for extraordinary, if he resorted to parliaments, the wiser he, the safer and happier we.
I desire all our projectors of commonwealths, to contrive greater freedom for their citizens, than is provided by magna charta, and the petition of right ; or shew us, that it is not much easier to violate, than to mend them: for, thereby our lives, liberties, and estates were under monarchy secured and established, 1 think, as well as any thing on this side heaven. It were no solecism to say, the subject had his prerogative, as well as the king; and, sure I am, he was in as good (if not better) condition to maintain it, the dependence being less on his side. Liberty was no less sacred than majesty ; noli me tangere was likewise its motto ; and, in case of any, the least infringement (as escapes in government may happen even in the most perfect) it was re- sented, as if the nation had received a box on the ear. If it be, as they say, the glory of a free state, to exalt ; the scandal of tyranny, to em- base our spirits ; doubtless, this was our only commonwealth : for, ever since*, methinks, we have learned quietly to take the bastonade.
I wish we now could, or could ever hope, under our commonwealth (whatever promises may be made us) so perfectly to distinguish the legislative from the ministerial authority, as once we did ; when the house of commons had not the power of a court-leet, to give an oath, nor of a justice of the peace, to make a mittimus: which distinction, doubtless, is the most vital part of freedom, and far more considerable to poor subjects than the pretended rotation ; as, on the contrary, the confusion of them is an accomplishment of servitude ; for which the best republicks, I fear, have more to answer, than any limited prince can have. Certain it is, that as our king, in his personal capacity, made no laws, so neither did he, by himself, interpret or execute any. No judge took notice of his single command, to justify any trespass; no, not so much as breaking of an hedge ; his power limited by his justice, he was, equally with the meanest of his subjects, concerned in that ho- nest maxim, We may do just so much and no more, than we have a right to do. And it was most properly said, He could do no wrong ; because, if it were wrong, he did it not ; he could not do it ; it was void in the act, punishable in his agent. His officers, as they were alike liable, so, perhaps, they were more obnoxious to indictments and suits than any other, by how much their trespass seemed to be of an higher nature, and gave greater alarm. His private will could not counter- mand his public ; his privy seal, ever buckled to the great seal, as being the nation's more than his ; his order superseded no process, and his displeasure threatened no man with an hour's imprisonment, after the return of habeas corpus. An under-shcriff was more terrible, a constable more saucy, a bailiff more troublesome, than he ; and yet, by his gentle authority, this scabbard of prerogative, as some in derision have, called it, which, if it would, could scarce oppress an orphan, tumult was curbed, faction moderated, usurpation forestalled, intervals prevented, perpetuities obviated, equity administered, clemency ex- alted, and the people made only nice and wanton with their happiness.
* The usurpation of the rump parliament.
A LETTER, &c. 23
•as appears by their now so impatient calling for that manna*, which **hey so causelessly loathed.
To conclude, what shall I add? The act, enjoining the keepers of •the great seal, under pain of high-treason, to summon a triennial par- liament, of course, by virtue of the act, without further warrant ; the act, forbidding the privy council, under like penalty, to intermeddle with meumet tuum; the laws, abolishing the star-chamber, high-com- mission, &c. branding all past, and bridling all future enormities ; the statutes, limiting the king's claims, and relieving his tenants from ex- action of forfeitures; besides many other principal immunities, where- with (by the special favour of God, and bounty of our princes) we were blessed, far beyond any of our neighbours ; above all, our assurance, that we might readily have obtained such farther addition and perfec* tion of liberty, if, yet, any such there were, as would consist with mo- desty or liberty itself, to ask. Do they not aloud proclaim that we were then the mirror of governments, envy of monarchies, and shame of commonwealths ; who could not but blush to see themselves so eclipsed and silenced, in all their pretences to freedom'? Do they not more •than justify my assertion, That, with all the ornaments of the noblest kingdom, we had, likewise, all the enjoyments of the freest state ?
A LETTER
Written by the Emperor to the late King James,
Setting forth the true Occasion of his Fall, and the Treachery and Cruelty of
the French.
As the foregoing Tract gives us the great Advantages of Monarch Jcal Government, when justly limited, and content with the just bounds prescribed to it by the Laws of the Land ; so this Letter, written by the Emperor of Germany to King James the Secant], after his Abdication, setting forth the Causes of his Majesty's Desertion by his Subjects, is a proper Caveat to such Princes, always to preserve their Subjects in their just Rights, both in Church and State, as the best means to deserve their Affection, and to secure the Throne to themselves and their Posterity.
LEOPOLD, &C,
WE have received your majesty's letters, dated from St. Germains, the 6th of February last, by the Earl of Carlingford, your envoy in our court. By them we have understood the condition your majesty is reduced to ; and that you, being deserted after the landing of the Prince of Orange, by your army, and even by your domestic servants, and by those you most confided in, and almost by all your subjects, you have been forced, by a sudden flight, to provide for your own safety, and to seek shelter and protection in France. Lastly, that you desire assistance from us, for the recovery of your kingdoms. We do assure your majesty, that, as soon as we heard of this
* Monarchy, to be re-Mtablisbed in the person of King Charles the Second.
c4
24 A LETTER, &c.
' severe turn of affairs, we were moved at it, not only with the com-
* mon sense of humanity, but with much deeper impressions, suitable .' to the sincere affection which we have always borne to you. ' And we were heartily sorry, that, at last, that was come to pass,
* which (though we hoped for better things) yet our own sad thoughts ' had suggested to us would ensue. If your majesty had rather given ' credit to the friendly remonstrances that were made you by our late ' envoy, the Count de Kaunitz, in our name, than the deceitful insinu- ' ations of the French, whose chief aim was, by fomenting continual
* divisions between you and your people, to gain thereby an oppor-
* tunity to insult the more securely over the rest of Christendom ;
* and if your majesty had put a slop, by your force and authority, to 'their many infractions of the peace, of which, by the treaty of Nime- ' gen, you are made the guarantee, and to that end entered into con- ' Citations with us, and such others, as have the like just sentiments in ' this matter ; we are verily persuaded, that by this means you should ' have, in a great measure, quieted the minds of your people, which were ' much already exasperated through their aversion to our religion*, ' and the* public peace had been preserved, as well in your kingdoms as ' here, in the Roman empire. But now we refer it even to your ma-
* jesty, to judge what condition we can be in to afford you any as- ' sistance, we being not only engaged in a war with the Turks, but
* finding ourselves at the same time unjustly and barbarously attacked ' by the French, contrary to, and against the faith of treaties, they then ' reckoning themselves secure of Englandf. And this ought not to be 'concealed; that the greatest injuries, which have been done to our
* religionj, have flowed from no other than the French themselves, who ' not only esteem it lawful for them to make perfidious leagues with§ ' the sworn enemies of the holy cross||, tending to the destruction both ' of us and the whole Christian world, in order to the checking our ' endeavours, which were undertaken for the glory of God, and to stop ' those successes, which it hath pleased Almighty God to give us hi-;
* therto ; but further, have heaped one treachery on another, even
* within the empire itself^. The cities of the empire, which were sur- ' rendered upon articles, signed by the dauphin himself, have been ex-
* hausted by excessive impositions; and, after their being exhausted, ' have been plundered ; and, after plundering, have been burned and ' erazed. The palaces of princes, which in all times, and even the ' most destructive wars, have been preserved, are now burnt down 4 to the ground. The churches are robbed, and such as submitted ' themselves to them, are, in a most barbarous manner, carried away as ' slaves. In short, it is become^ a diversion to them, to commit all ' manner of insolences and cruelties in many places, but chiefly in ' Catholick countries, exceeding the cruelties of the Turks themselves j
* Which made use of so many unjust and cruel means to gain its establishment. . + Under a prince, that, to accomplish the slavery of his subjects, was making himself tributary and vassal of France.
t Popery.
§ The Turks.
j| Viz. all Christians.
5T How justly does this repre the present and late actions of the French in Germany,
THE SPEECH OF RICHARD CROMWELL. 25
' which, having imposed an absolute necessity upon us to secure our- selves, and the Holy Roman Empire, by the best means we can think on, and that no less against them than against the Turks ; we pro- mise ourselves, from your justice, ready assent to this, that it ought not to be imputed to us, if we endeavour to procure, by a just war, that security to ourselves, which we could not hitherto obtain by so many treaties; and that, in order to the obtaining thereof, we take measures for our mutual defence and preservation, with all those who are equally concerned in the same design with us. It remains, that we beg of God, that he would direct all things to his glory, and that he would grant your majesty true and solid comforts under this your
' great calamity ; we embrace you with the tender affections of a
? brother.
f At Vienna, thepth of April, 1689/
THE SPEECH
OF
HIS HIGHNESS THE LORD PROTECTOR,
Made to both Houses of Parliament at their first Meeting, on Thursday the SJth of January, 1658,
The two following Tracts, which afe the genuine Speech and Letter of Richard the Son of Oliver Cromwell, the Protector, as they are very scarce, and the former serving to give us a perfect idea of that new Protector ; the desire he had to coutinue his Father's Usurpation ; the Contrivance of gaining the Affections of the People, by acknowledging the Excellency of a niixt Government, .com- posed of a Parliament and Chief Magistrate, as you will find in his Sjiceoh, which, abstract from the cant of his education and the fulsome encomiums of his deceased father, is a good one ; I here endeavour to preserve it as well as his Letter to the Parliament, when he found it resolved to restore the Royal Family to the throne of its ancestors ; which shews how far he was degenerated from the vigorous resolutions of his father, and how soon the greatest tyrants are reduced^to a state of submission, when God pleases to release his people from their bondage.
MY LORDS AND GENTLEMEN,
I BELIEVE there are scarce any of you here, who expected some months since to have seen this great assembly at this time, in this place, in peace, considering the great and unexpected phange which it hath pleased the all-disposing hand of God to make in the midst of us. I can assure you, that if things had been according to our own fears, and the hopes of our enemies, it had not been thus with us ; and there- fore, it will become both you and me, in the first place, as to reverence and adore the great God, possessor of heaven and earth, in whose hands our breath is, and whose are all our ways, because of his judg- ments ; so to acknowledge him in his goodness to these lands, in that he hath not added sorrow to sorrow, and made the period of his late
26 THE SPEECH OF RICHARD CROMWELL.
Jiighness* his life, and that of the nation's peace, to have been in one day.
Peace was one of the blessings of my father's government; a mercy after so long a civil war, and in the midst of so great division which that war bred, is not usually afforded by God unto a people in so great a measure.
The cause of God, and these nations, which he was engaged in, met in all the parts of it, as you well know, with many enemies and great opposition ; the archers, privily and openly, sorely grieved him, and shot at him, yet his bow abode in strength, and the arms of his hands were made strong by the hands of the mighty God of Jacob.
As to himself, he died full of days, spent in great and sore travail ; yet his eyes were not waxed dim, neither was his natural strength abated, as it was said of Moses, He was serviceable even to the last.
As to these nations, he left them in great honour abroad, and in full peace at home. All England, Scotland, and Ireland, dwelling safely, every man under his vine and under his fig-tree, from Dan even to Beershebaf.
He is gone to rest, and we are entered into his labours J; and if the Lord hath still a blessing for these lands (as I trust he hath) as our peace hath been lengthened out to this day, so shall we go on to reap the fruit, and gather the harvest of what his late highness has sown and laid the foundation of.
For my own part, being by the providence of God, and the disposi- tion of the law, my father's successor, and bearing that place in the government that I do, J thought it for the public good to call a parlia- ment of the three nations, now united, and conjoined together into one commonwealth, under one government.
It is agreeable not only to my trust, but to my principles, to govern these nations by the advice of my two houses of parliament; I rind it asserted in the humble petition and advice (which is the corner-stone of this building, and that which I shall adhere to), That parliaments are the great council of the chief magistrate, in whose advice both he and these nations may be most safe and happy. I can assure you I have that esteem of them. And as I have made it the first act of my government to call you together, so I shall further let you see the value I have of you, by the answers that I shall return to the ad- vice that shall be given me by you, for the good of these nations.
You are come up from your several countries, as the heads of your tribes, and with hearts, I persuade myself, to consult together their good. I can say I meet you with the same desires, having nothing in my design but the maintenance of the peace, laws, liberties, both civil and Christian, of these nations ; which I shall always make the mea- sure and rule of my government, and be ready to spend my life for§.
• Oliver Cromwell.'
t This panegyric must be remembered to be made b3' his son ; for, though it is confessed, that Oliver was a great man, in the common acceptation of the word, I intend to present the public with a short political discourse, shewing that his administration laid the foundation of the decay of trade in this nation.
I Th« Protectorship. § See lib following letter to tiie parliament.
THE SPEECH OF RICHARD CROMWELL. *?
We have summoned you up at this time to let you know the state of our affairs, and to have your advice in them ; and, I believe, a parlia- ment was never summoned upon a more important occasion.
It is true, as I have told you. We are, through the goodness of God, at this time in peace ; but it is not thus with us, because we have no enemies. There are enough, both within us and without us, who would soon put an end to our peace*, were it in their powers, or should it, at any time, come into their powers.
It will be becoming your wisdoms to consider of the securing of our peace against those who, we all know, are, and ever will be, our im- placable enemiesf ; what the means of doing this are, I shall refer unto you.
This I can assure you, that the armies of England, Scotland, and Ireland, are true and faithful to the peace and good interest of these na- tions, and it will be found so ; and that they are a consisting body, and useful for any good ends ; and, if they were not the best army in the •world, you would have heard of inconveniencies, by reason of the great arrear of pay, which is now due unto them, whereby some of them are reduced to great necessities. But you shall have a particular ac- count ©f their arrears, and J doubt not but consideration will be had7 thereupon, in some speedy and effectual way. And, this being matter of money, I recommend it particularly to the house of commons-
You have, you know, a war with Spain, carried on by the advice of parliament. He is an old enemy, and a potent one ; and therefore it will be necessary, both for the honour and safety of these nations, that that war be vigorously prosecuted.
Furthermore, the constitution of affairs in all our neighbour coun- tries, and round about us, as well friends as enemies, are very con- siderable, and calls upon us to be upon our guard both at land and sea, and to be in a posture able to maintain and conserve our own state and interest.
Great and powerful fleets are preparing to be set forth into these seas, and considerable armies of several nations, and kings are now disputing for the mastery of the Sound, with the adjacent islands and countries; among which is the RomanJ Emperor, with other Popish states ; I need not tell you of what consequence these things are to this state.
We have already interposed in these affairs, in such manner ax we found it necessary for the interest of England ; and matters are yet in such a condition in those parts, that this state may, with the assistance of God, provide that their differences may not prejudice us.
The other things that are to be said I shall refer to my lord-keeper Fiennes, and close up what I have to say with only adding two or three particulars to what I have already said.
And, first, I recommend to your care the people of God in these na- tions, with their concernments. The more they are divided among themselves, the greater prudence should Jbe used to cement them.
* Meaning the Royalists, who would re-instate the royal family on the throne, t Because of the usurpation then renewed in the person of Richard. J Or German.
28 A LETTER FROM RICHARD CROMWELL.
Secondly, The good and necessary work of reformation, both in jnanners and in the administration of justice; that profaneness may be discountenanced and suppressed, and that righteousness and justice may be executed in the land.
Thirdly, I recommend unto you the Protestant cause abroad, which seems, at this time, to be in some danger, having great and powerful enemies, and very few friends; and I hope and believe, that the old English zeal to that cause is still among us.
Lastly, My lords, and you gentlemen of the house of commons, that you will, in all your debates, maintain and conserve love and unity among yourselves, that therein you may be the pattern of the nation, who have sent you up in peace, and with their prayers, that the spirit of wisdom and peace may be among you; and this shall also be my prayer for you ; and to this let us all add our utmost endeavours for the making this an happy parliament*.
HIS LATE HIGH NESS'S LETTER
TO THE
PARLIAMENT OF ENGLAND,
Shewing his willingness to submit to this present Government/^- Attested under his own hand, and read in the House on Wednesday the 25th of May, 1659.
•
I HAVE perused the resolve and declaration which you were pleased to deliver to me the other night; and for your information, touching what is mentioned in the said resolve, I have caused a true state of my debts to be transcribed, and annexed to this paper, which will shew what they are, and how they were contracted.
As to that part of the resolve whereby the committee are to inform themselves how far I do acquiesce in the government of this common- wealth, as it is declared by this parliament; I trust my past carriage, hitherto, hath manifested my acquiescence in the will and disposition of God, and that I love and value the commonwealth much above my own concernments ; and I desire, that by this a measure of my future de- portment may be taken, which, thro' the assistance of God, shall be such as shall bear the same witness, having, 1 hope, in some degree, learned rather to reverence and submit to j,he hand of God, than to be unquiet under it. And, as to the late providences that have fallen out among us, however in respect of the particular engagements that lay upon me, I could not be active in making a change in the government of these nations; yet, through the goodness of God, I can freely ac- quiesce in its being made, and do hold myself obliged, as, with other men, I expect protection from the present government, so to demean myself, with all peaceableness under it, and to procure to the utter- most of my power, that all, in whom I have any interest, do the same.
RICHARD CROMWELL.
* As it proved by restoring monarchical government.
t Intended monarchical government under King Charles II, then to be recalled by the states of the nation,
THE
PLOTS OF THE JESUITS,
VIZ. OF
Adam Contzen, a Moguntine, Thomas Campanella, a Spaniard, and Robert Parsons, an Englishman, fyc:
HOW TO
BRING ENGLAND TO TEIE ROMAN RELIGION,
Without Tumult.
These Jesuitical politicks, which are taken out of the above mentioned authors, were published by Michael Spark, Bookseller, in the year 1653, when there wa» not that public prospect of Popery, as there is now in this nation ; and, there- fore, it is, I presume, far from being unseasonable to be reprinted together with 'The Protestant's doom in Popish times', when the whole nation is alarmed with the apprehensions of a Popish invasion, and the constant endeavours of the French and Spaniards to deprive us of our religion and liberty, by attempting to set a Popish governor over a Protestant people. And how far these politicks were copied by James II. and his Counsel, 1 refer my reader to the history of those times.
The first of these tracts, which immediately follows, contains the directions of Ro- bert Parsons, the Jesuit, that noted traytor to Queen Elizabeth •, and employed by the enemies of our church and nation, to foment division, to illegitimise and dethrone, as far as in his power, her sacred Majesty, and to reduce the English State, under the Papal jurisdiction : as also the subtile intreaguing means, of the Jesuit Adam Contzen, and Thomas Campanella, a Dominical Friar, to en- gage the Popish States to concur in the attempt to reinstate Popery in this laud.
The other tract, is a most scarce, and ingenious piece ; and, as it is supported in every sentence by the best authorities, properly referred to, I need not enter any further into its commendation ; only I must do that justice to the memory of the Right Reverend Dr. Bull, to acquaint the reader that it was wrote by his learned and zealous pen, to deter Protestants from admit ting, or so much as de- siring a Popish king to rule over them.
CONTZEN's PLOT,
To cheat a Church of the Religion established therein, and to bring in Popery
without noise or tumult; taken out of the second Book of his
Politicks, chap. 18, 19, page 103, 104, &c.
IT is difficult to find out truth, but it is more hard to persuade bin* that erreth : yet, it is the duty of a prince, even in this, to bestir himself earnestly, that wicked opinions be taken away.
The first means. What musicians observe in tuning their instruments, gently setting up the strings by little and little, andr what in curing
30 THE PLOTS OF JESUITS.
diseases, physicians practise, abating noxious humours, by degrees and pauses; the same must be done in a commonwealth, labouring under the malady of errors : although, I approve not lingering bootless pro- ceedings, since they often beget a desisting from the design. Whatever means can be used, my counsel is, that they be atteinpted ; but in a soft and sure pace, for fear of a precipice. Here, mild commands and admonitions do very much further the work.
The second this. It is no hard matter, for any prince in Europe, to call back men's minds to the ancient rites of their predecessors, if he list. A matter heretofore held impossible to be effected ; but now men begin again to love the old religion : nor can they be so held in, by their ministers, but that many do every year turn to the Catholick Unity. What they once most greedily desired, they now cast aside with disdain This levity of the vulgar to admire new things and contemn old, is fatal. Many provinces in Germany have endured many re- ligions; now retain none, being intent on the will of their governors. One cause of this is, as I said but now, levity and ignorance of the truth. Another, the impossibility of holding people long ignorant of the lewdness of heresies; and that they find hereticks to shift their opinions every year. It is as if you set a company of blind men to run a race ; sooner will all miss than one get to the mark.
Thirdly, arch-hereticks are to be banished the commonwealth ; at once, if it may safely be done; if not, then by degrees. Boisterous winds being sent packing, the sea will become calm ; and error, which wanteth a protector, will soon be ruined.
In alterations, I have observed these twelve things following, for the most part out of 'The History of the Change of Religion in the Palati- nate/ 'The Acts of Marpurg,' and 'The Edict of Brandenburg/ 1. They concealed their purpose of altering religion, and rooting out Lutheranism; not so that the wiser sort could not perceive it, but that the common people might not see it, and raise tumults. 2. By the art of the Zuinglians, some were suborned, who should crave the exer- cise of the Reformed Religion, and that with many sugared humble words; that the prince might not be thought, to be of his own accord, inclined to odious novelty, but only graciously indulgent to liberty of conscience, and to love and cherish that. Facility in a prince is com- monly extolled ; even when he yieldcth to those things which are fitter to be denied. 3. One church or so (and not above) was petitioned for : that this suit might not seem harsh to the multitude, who, in the mean time, were to have many more, and were not very solicitous of any. 4. Notwithstanding, the jealousy of the Lutherans did here oppose it- self, seeing that with the Church, the maintenance would be with- drawn ; therefore, they think of a conference and pacification. They assemble in the court; the matter is debated before the prince's coun- cel; a notary and witnesses are denied them. [But this course is by no means to be approved, for each part ought to have liberty. Otherwise, if men be borne down with the power of the stronger side, the victors shall ever be esteemed to have had the worst cause. This was the case of Arminians in Holland : whereas, they who had the ad- vantage of the prince's favour, if they had indeed believed the goodness
THE PLOTS OF JESUITS. 51
of their cause, ought to have entred the lists upon equal terms.] 5. An edict was published, that none should cast aspersions upon another ; but, by all means, cherish peace and concord. This proved an effect- ual engine to further the mutation: for hereby, none durst contradict the Calvinists, no, not so much as name them ; and the prince was not traduced as a patron of heresies, but applauded as alover of peace. 6. A dis- putation was appointed in the University. 7. All this while there was no open shew of making Zuinglianism heir to Lutheranism ; but only this, that peace might be settled : for nothing was desired, but that the Lu- therans (reserving all their dignities and revenues) would vouchsafe to- sit in consistory with the rest, and consult as brethren; which when they refused, they were accused as proud and disobedient to authority, and seemed to deserve a dismission. Hitherto things were thus carried, that trial might be made what the people would bear : for if any tu- mult had arose, a fair excuse might have been made for all things hither- to. 8. When the people of Heidelberg petitioned for the continuance of their Lutheran preachers, the matter was passed over in silence, with- out answer; and care taken, that those men who were petitioned for, should be traduced, as too furious and heady. And the people were fed so long with hope, till at length they laid aside ail care of Luther- anism and hope together. 9- When all things now seemed ripe, the Lutherans were commanded to depart from their parochial charge, and all the churches bestowed upon the Calvinists: nor durst they com- plain, for if they did, they were banished. But now, betaking them- selves to domestic care, they only sued for a pension, immunity from taxes, and the like: the Calvinists, in the mean while, laughing, to see a matter of such height and consequence brought so low as to make such humble and abject petitions. 10. Whereas the young scholars of the University were Lutherans, upon them also they practised with divers arts. Stipendiaries, such as were maintained at the elector's charge, were put to their choice; whether they would be Calvinists, or be expelled. And thus, an exceeding great alteration came on a sud- den, without any tumult; for the country preachers followed the mo- tion of the superior wheels. 11. When the Lutherans (professors in the University, and country preachers) refused to yield up their digni- ties, the prince told them, he wondered at them, seeing he had never taken them into his protection, nor given them any new possession of their places. For in that country, all places and offices become void upon the death of the prince, and the power of bestowing them is in the successor. 12. In Hassia, they went on very slowly, and by little and little. NOF was Calvinism offered them at once, but only a small part of it. And the people come on much more willingly, if at the same time they be whistled another way, as to Arminianisra, or some other sect, which may seem more odious. Lastly, both sides fell to writing \ but that party, which was most favoured at court, quickly prevailed. And the wickedness of the Lutherans (which upon all occasions wa& made known) did much advance the cause of their adversaries.
The fourth means, which I have seen put in execution heretofore, and still kept on foot, is this; viz. That such as are adverse to the Roman Catholic religion, be put by their honours, dignities, and public offices.
32 THE PLOTS OF JESUITS.
Nor is this unequal, that he who hindereth the welfare of the common- wealth, should be kept from the honours and commodities of it. Men guilty of great crimes are thrust from their dignities; why then should blasphemers and contemners of truth be admitted thereto ?
A fifth means. Let those particular tenents, which at first hear ill among the vulgar, and at first sight seem absurd, be culled out, and load laid upon them.
A sixth. Make profit of the quarrels of erring men.
A seventh. Let all secret conventicles and public meetings be strictly forbidden.
Eighthly. By the severity of laws and punishments, compel the ob- stinate to duty; but let the rigour of laws be slowly drawn out, unless where there is danger of a contagion. Let those which be most dan- gerous be taken away, the rest by the authority of the prince will soon be brought into order. Within these few late years, a hundred thou- sand have been converted to the Roman religion in France; in Germany more. Not one of the German princes, that hath assayed to draw his subjects on to the Catholic religion, hath ever met with any power, resisting his decrees in that behalf, made and executed. Only the Netherlanders broke out into rebellion : but the cause thereof was not religion alone, nor was that pretended ; but their privileges and liberty. The dominion of a foreign nation over them (a thing abhorred by ingenuous men) and the exaction of tenths, stirred up that people to sedition.
It is, I confess, the opinion of some politicians, that men are not to b« compelled. But those which so advise are in an error; and give coun-« sel not against the safety of religion only, but even of the common* wealth. For, by a wholesome law, men may be over-ruled, that they shall not do evil. And a good law will soon reduce those, who, being of tender years, are either not at all, or very little tainted with heresy. And so, if a compulsory reformation should not do good up- on old men, it may make the younger Catholic. And I know many children have been a means of converting their parents. There are many examples of this in Bavaria, Stiria, Carinthia, and the Low Countries.
Ninthly. Care is to be taken for integrity of manners, and purity of life. For the filthy lives of Roman clergymen have made, augment- ed, and still do uphold heresies. And oftentimes, in my disputes with heretics, I have observed, that after very weak arguments, they fall to accusing the ill lives of our clergymen, and speak of things which can neither be denied nor defended. If the bishops be not able to amend this, God will send an avenger, who will take away the wicked men and their wickedness both together. Thus have the Turks got possession of Asia, .ZEgypt, Greece, &c. And religion will be rooted out of Eu- rope, unless the manners of men be answerable to the sanctity of their doctrine.
Other helps there be, which wisdom may suggest, according to the variety of time and place. The Chineses are taken with the mathema- ticks; the Japonians with etbicks; the Americans witb ceremonies aini miuick : all ways are to be tried.
THE PLOTS OF JESUITS. Si
And first, Musick. Paulus Samosatenus turned certain ecclesiastical Jiyrans into obscene and enticing rimes. Thus the Arians and Pela- gians destroyed the faith and discipline of the church. Why then should not an orthodox prince make use of that for curing, which im- postors have found to be a means of destroying ?
Secondly, Before the banes of matrimony be publickly asked, let both the man and the woman be ordered, and compelled to yield an ac- count of their faith. Upon this occasion they may be instructed in the true [Roman] religion : and so while they promise to continue in the church, and ever to hold fast the ancient faith, they are by degrees fast- ened to the truth, and cannot but love it.
Thirdly, To this of marriage, other things are to be adjoined. Let no ceremonies, but those of the Catholick church, approach the font. Let none have the honour to be god-fathers, unless they have given good testimony of their sincerity in the faith. Let no man have the honour of Christian burial, unless he hath been a partaker .of the sacraments of the church.
Fourthly, If it fall out, that wandering souls must be leisurely re- claimed, and by art ; and that the propagators of perverse opinions can- not be put from the places they once enjoyed ; then, let an orthodox magistrate so bring it about, that the instituting, presenting, confirming, and examining of such men be committed to him. For so he may chace away every one that is apt to do mischief. Some wrangling fellows, that regard not controversies between Roman Catholicks and Protestants, and study only to enrich themselves, or to comply with the prince, he may (safely, now and then) set over those churches. So shall he be able to abate the rage of heresy, and yet not be troubled to remove the unlearned : for, by that means, error will grow into contempt. And, because unskilful men are wont to err often, all constancy in errors will be taken away by this means.
Fifthly, Likewise, let him nourish the differences of preachers which are in error: and let him so work that they may often confer and wrangle. For by this means, when all shall understand that there is nothing settled and certain among them, they will join in truth.
Sixthly, Many other means there be, which prudent care will dictate to a prince of its own accord. All those things, which draw love and honourable esteem to the prince, are of use, to fetch over the people easily to embrace his opinion in matters of religion. Of this sort are, his easing them of taxes, excise, speedy supplies to any part of the country spoiled by fire, provision of victuals, and other necessaries. Hereby it will come to pass, that whatever they esteem distasteful to the prince, they will hold in detestation. If a prince make use of these means, he may in a short time root out the Protestant religion, al- though in the beginning it seem too strong for his laws ©r him.
THE PLOTS OF JESUITS.
CAMPANELLA'S PLOT.
CAMPANELLA, in his book, De Monarchia Hispanica (printed in the reign of Queen Elizabeth) shewing the King of Spain how to bring England under his own subjection, and to the Roman religion, liath these words, cap. 22. Instiget primores comitiorum aut Parlia- menti ut Angliam in formam Reipublicce reducant; that is, let the King of Spain instigate the leading men of the (English) Parliament, to bring England to the form of a commonwealth.* And, Omnino id agat lit An- glorum vires infrmgat, ad quod efficiendum naves Hollandice $• frisice suf- jicerent; si nimirum classi Anglicos opponerentur; ut infra palamjiet, fyc. that is, By all means let him make it his business to break the strength of England. To effect which, the ships of Holland and Frisia will be enough, if they be set against the English.
His twenty-fifth chapter beginneth thus, Quamvis Anglus, 8cC. Al- though the English doth of all nations seem least to affect an universal monarchy, yet they do much hinder Spain's attaining it : Queen Eliz- abeth hath given us examples ; for she hath cherished corrupted hu- mours, and helped Protestants with advice and supplies in the Low Countries against the Catholick king; and in France against the most Christian prince: for she is queen of an island which aboundeth with ships and soldiers, and maketh a prey of all that Spain hath in the north ; and they ramble even to America, where, though they cannot erect a new kingdom, yet they do the Spaniard very much harm ; for Drake, the Englishman, hath gone round the world more than once, though Magalanes .did it before him. And it may come to pass, that all the kingdom of Baccalaosf (which is nearer the English, and more commodious to them, by reason of the temperature of the air) may gome time or other be put into their possession : certain it is, and evi- dent enough, that, if the King of Spain could conquer but England and the Low Countries, he would quickly become the Monarch of all Europe, and of the greatest part of the New-found World.
Campanella goes on, advising the Spaniard to erect some new schools or colleges in Flanders, and to usher a new religion into England ; first, with a new philosophy : (himself hath furnished us with one) Anglorum re- ligio facile restingui non potest, nisi aperiantur schola in Flandria ; inter- ventuque lUamm spargautur semina schismatum in scientiis naturalibus, Stoicis videlicet, Peripateticis, §-Telesianis,\.e. The religion of the English cannot be easily brought to nothing, unless schools be opened in Flan- ders ; and, by help of them, the seeds of schisms in natural sciences, and Stoick, Peripatetic, and Telesian philosophy be scattered abroad. J
* The same advice that Cardinal de Richelieu gave the King of France a little before his death.
+ Newfoundland.
J There is more to the same purpose in the tenth chapter, which lie beginneth thus ; Omnes Magnates Monarchium, Sff. All great men, when they have gone about to setup a monarchy, have altered the sciences, and sometimes religion itself, that they might be admired. In the same chapter, his seventh direction is, To shut up all schools wherein Greek and Hebrew are Uught, because they are (says he; the causes of heresies, and se destroy government.
THE PLOTS OF JESUITS. 35
The last page of this twenty-fifth chapter is as followeth : Cum insu- la hccc reducetur informam reipublicte, qute perpetuas inimicitia^ cwn Sco- tia gerat, actionesque suas non nisi lente perficiet, &c. When this island shall become a republick, it will be at perpetual enmity with Scotland, and move very slowly, and so do the less harm to Spain ; whereupon, the King of Spain, as soon as the throne is empty, may step in, pretend- ing to help the English : but let him be sure to keep correspondency with some English noblemen, who have power over the adjacent islands; and let every one of them have full and absolute dominion in his seve- ral place, as we read it was in the days of old. Then let him tamper with the nobility of Ireland, that, when the queen is dead, that nation may be formed either into a commonwealth, or, at least, into a king- dom distinct by itself; then let him promise supplies to each of those noblemen apart ; and so much the more, because in that kingdom, or island, Catholicks (especially Monks of the Order of St. Francis) are very much beloved. Now the Irish agree better with the Spaniards than with the English, either because their manners or climates are alike, or because their countries are near one another. And there are in Ireland many vagabond persons who cannot endure to be in subjection, and yet they are good Catholicks, and able to do the King of Spain excel- lent service in the matter which we now speak of.
These and the like things may easily be prepared, ( that, when Queen Elizabeth is dead, they may be put in execution ; for every one know- eth what bloody civil wars, what alterations and changes have been of- tentimes in England. So that what I have propounded will not seem strange or impossible.
To conclude : The same Campanella, in his eighth chapter of th« same book, lays down this rule or maxim, That the way to keep up, or increase the King of Spain's monarchy, is, to keep his own subjects in peace, and his neighbours in contention.
Tho. Campanella having thus given the King of Spain directions how to get and keep the English nation.
PARSONS'S PLOT.
ROBERT PARSONS goes a step further, and will help him to a title to the crown of England : for, in the year 1593, he published a book under the name of R. Doleman, intituled, 'A Conference about the next Succession to the Crown of England, divided into two Parts.' The first was for chastising of kings, and proceeding against them, &c. and was lately reprinted by Robert Ibbitson,* in Smithfield, and called, * Several Speeches made at a Conference/
36 THE PROTESTANTS' DOOM
The second part was to prove, that the Infanta of Spain was the legal heir to the crown of England, the penning whereof did much indear him to the King of Spain, the Pope and cardinals, as Roman priests relate.
Not to repeat any thing of Parsons's Memorial ; wherein he adviseth* to destroy the common law of England, &c. and to have no preachers but itinerary: I shall only transcribe a few lines, which you may read in an ordinary book, entitled, 'A Reply to Father Parsons's Libel, writ- ten by .William Clark, a Roman Priest,' wheref are these words, 'Such as have read [Parsons's Memorial for Reformation] being priests and men of credit, unto some of whom Father Parsons himself shewed the said book (as secretly as now it is kept) do report, That his directions are, that the municipal laws of our country [England] shall be so altered, that the civil laws must bear the sway.' And a little after, * For our clergy also they say, That all men should be put to pensions in the beginning; and the colleges both in Oxford and Cambridge, in the same sort, deprived of their lands and revenues, and become pensioners. All religious or- ders (except only one, i. e. Jesuits) he excludeth out of England (as they affirm) for the first seven years and more ; that Master-Jesuits, in the mean time, may have the sway of all, and enter into the houses, liv- ings, and possessions of other religious orders, &c.'
THE PROTESTANTS' DOOM
IN POPISH TIMES.
A PRINCE putting himself, and his dominions, under the authority of the Pope, and admitting (as he must unavoidably) the laws and decrees of the Romish Church, all his protestant subjects being, by the judgment and sentence of that church, hereticks, do forthwith lie under the penalty which those laws and constitutions will have inflicted upon hereticks ; heresy being the highest degree of high-treason : called, there- fore, by them, LCCSK Crimen Majestatis Diiince: So the English Protes- tant must be a traytor, and the worst of traytors, and exposed to the pe- nalties of high treason.
TEE LAWS AND DECREES OF THE ROMISH CHURCH AGAINST HERETICKS.
Heresy is denounced infamous, and the heretick must be dealt with as such ; which are many penalties in one.
First, Whereby they are deprived of all nobility, jurisdiction, and dignity, and debarred from all offices, and public councils, parliaments
•The same that'Gundamore wished a Roman Catholick to expect, and then [and not till then} ft toleration of the liom.-tu religion. t Page 72.
IN POPISH TIMES. 37
&s others ; being made uncapable of choosing, and being chosen : so that it reacheth all sorts of clergy, laity, noble and ignoble ; which is extend- ed to their children also : for, they say, ' The issue of traytors, civil and spiritual, lose their nobility/ And all, that owe any duty to such infa- mous persons, are discharged and exempted therefrom; as subjects from their prince, servants from their masters, children from their parents; whom they also may lawfully kill.
Whereby we may see a little, to what Condition the admission of a Papal authority would reduce us, expelling both nature and humanity, and making the dearest relatives unnatural and barbarous to one an- other : it would leave no Protestant either dignity or authority, either safety or liberty; nobles are sentenced to peasants, and peasants to slaves.
Secondly, Another penalty, to which hereticks are condemned by their laws, is confiscation of goods and estate; and this they incur Ipsojuret 4* ipso facto; that is, immediately, as soon as they shew themselves he* reticks, before any legal sentence have passed : for which there is an ex- press command in the canon-law, Bona Hcereticorum ipso jure discerne- mus confiscata; 'We decree the goods of heretics to be confiscated by sen- tence of law/ The effect of this confiscation, wherein they all agree, makes the severity of the law apparent, viz. First, All the profits made of the estate, from the first day of their guilt, is to be refunded. Secondly, All alienations, by gift, sale, or otherwise, before sentence, are null and void ; and all contracts, for that purpose, rescinded. Thirdly, children, heirs of hereticks, are deprived of their portions ; yea, though they be Papists.
Whereby, it appears, that as soon as Papacy is admitted, all title and property is lost and extinct among us : and, therefore, we must not think that Pope acted extravagantly, who declared, ' That all his Majes- ty's territories were his own, as forfeited to the Holy See for the* heresy of prince and people/ Not only abby-lands are in danger, whoever pos- sess them, but all estates are forfeited to his exchequer, and legally con- fiscated : all is his own, which Protestants, in these three nations, have, or ever had, if he can but meet with a prince so wise, as to help him to catch it; whose process follows them beyond their grave, and ruins their children, and children's children after them. And, when they have stripped the heretick of his all, they provide that no other shall re- lieve him, viz. ' That none shall receive him into their houses, nor af- ford him any help, nor shew him any favour, nor give him any counsel/ We are here, in England, zealous for property ; and all the reason in the world we should so be : but we must bid adieu to this, when we once come under the Pope's authority ; for, as soon as this is admitted, 'all the Protestants in these nations are beggars by law,' viz. by the laws of that church ; which will then of necessity be ours, divesting us of all pro- perty and title to whatever we count our own.
Thirdly, Another penalty which their law inflicts on hereticks, is death, which is the sentence of the canon-law; and which is so absolute, that no secular judge can remit; and which is the judgment of all the doc- tors, Ita docent omnes doctores: an,d from which penalties, neither em- perors nor kings themselves are to be freed or exempt. And the death
r>3
38 THE PROTESTANTS' DOOM
they inflict is burning alive: no death more tolerable, or of less exqui- site torture, will satisfy the mercy of that church. The canon saith thus : Decernimus ut •citi in conspcctu hominum comburantur; 'We decree, That they shall be burnt alive, in the sight of the world/ So our last Popish Successor, Queen Mary, practised upon near three hundred per- sons, without regard either to age, sex, or quality. The scripture they urge for it, is John xv. 6. If any one abide not in me, men gather them, and cast them into thejire, and they are burnt.
So that, as soon as the Papal authority is admitted among us, all the Protestants in these nations are dead men in law ; being under a law that hath sentenced us to be burnt alive; and under a power that hath de- clared it necessary, that no one of us escape with life.
Fourthly, Where legal penalties cannot take place, by reason of op- posite strength, they hold war necessary, and lawful, to chastise here- ticks : for which we might give you divers authorities ; but let Cardinal Allen, our countryman, suffice ; who asserts, it is not only lawful, but necessary : his words are these ; * It is clear/ saith he, * what people or persons soever be declared to be opposite to God's church, with what obligation soever, either of kindred, friendship, loyalty, or subjection, I be bound unto them ; I may, or rather must, take up arms against them : and then must we take them for hereticks, when our lawful Popes adjudge them so to be. And which (saith Cardinal Pool) is a war more holy, than that against the Turks.'
Fifthly, To destroy them by massacres, is sometimes held more ad- viseable, than to run the hazard of war ; and which, they say, is both lawful and meritorious, for the rooting out a pestilent heresy, and the promoting the Romish interest. This set a-foot the Irish Massacre, that' inhuman, bloody butchery, not so much from the savageness and cruelty joi their natures, as the doctrines and principles which directed and en- couraged it : as also that of Paris ; than which nothing was more grate- ful and acceptable to their Popes, as their bulls make manifest, and the picturing it in the Pope's chamber ; and for which, as a most glorious action, triumphs were made, and public thanksgivings were returned to God. So in Savoy, and elsewhere, both in former and later times. And this was that which the late conspirators aimed at so fully, intending a massacre. 'Those that escaped a massacre,' saith Dugdale,* 'must be cut off by the army/ And Coleman tells the Internuncio, in his letter,f ' That their design prospered so well, that he doubted not, in a little time, their business would be managed, to the utter ruin of the Pro- testant party: the effecting of whereof was so desirable aud merito- rious, that if he had a sea of blood, and an hundred lives, he would lose them all, to carry on the design. And if, to effect this, it were necessary to destroy an hundred heretical kings, he would do it/ Sin- gleton, the Priest, affirmed,* ' That he would make no more to stab forty parliament-men, than to eat his dinner/ Gerard and Kelley, to encourage Prance to kill Sir Edmundbury Godfrey, told him, 'It was no murder, nor sin ; and that to kill twenty of them was nothing in that
* Five Jesuits' Tryal, page 28. t Golman's Letter to the Pope's Nuncio.
t See Prance's Narrative, page 4.
IN POPISH TIMES. 39
ease ; which was both a charitable and meritorious act.' And Grant, one of the massacring gun-powder traytors, said, upon his execution, to one that urged him to repent oftthat wicked enterprize, 'That he was so far from counting it a sin, that, on the contrary, he was confi- dent, that that noble design had so much of merit in it, as would bea- bundantly enough to make satisfaction for all the sins of his whole life.' Sir Everard Digby, speaking to the same purpose also. The Provin- cial, Garnet, did teach the conspirators the same Catholick doctrine, viz . 'That the king, nobility, clergy, and whole community of the realm of England (Papists excepted) were hereticks ; and, that all hereticks were accursed and excommunicated ; and, that no heretick could be a king ; but that it was lawful and meritorious to kill him, and all other here- ticks, within this realm of England, for the advancement and inlarge- ment of the authority and jurisdiction of the Pope, and for the restor- ing of the Romish religion.' This was that Garnet whom the Papists here honoured as a Pope, and kissed his feet, and reverenced his judg- ment as an oracle; and, since his death, have given him the honour of saintship and martyrdom. Dugdale deposed,* ' That after they had dis- patched the king, a massacre was to follow.'
But surely, it may be supposed, that the temper of such a prince, or his interest, would oblige him to forbid or restrain such violent execu- tions in England : I, but what if his temper be to comply with such courses? Or if his temper be better? What if it be over-ruled ? What if he be persuaded, as all other Catholicks are, that he must in conscience proceed thus ? What if he cannot do otherwise, without hazard of his crown and life ? For he is not to hold the reins of government alone, he will not be allowed to be much more than the Pope's postilion ; and must look, to be dismounted, if he act not according to order. The lawt tells us, 'That it is not in the power of any civil magistrate, to remit the penalty, or abate the rigour of the law.' Nay, if the prince-should plight his faith by oath, that he would not suffer their bloody laws to be executed upon his dissenting subjects, this would signify nothing ; for they would soon tell him, ' That contracts made against the canon- law are invalid, though confirmed by oath ; and, that he is not bound to stand to his promise, though he had sworn to it : and, that faith is no more to be kept with hereticks, than the Council of Constance would have it.' So that Protestants are to be burnt, as John Huss and Jerom of Prague were by that Council, though the Emperor had given them his safe conduct in that solemn manner, which could secure them only (as they said) from the civil, bAt not church process, which was the greatest. For it is their general rule, 'That faith is either not to be given or not to be kept with hereticks. Therefore, saith Simanca, ' That faith engaged to hereticks, though confirmed by oath, is in no wise to be per- formed ; for,' saith he, ' if faith is not to be kept with tyrants and pi- rates, and others who kill the body, much less with hereticks who kill the souls;' and that the oath, in favour of them, is but Vinculum Ini- quitatis, 'a bond of iniquity.' Though Popish princes, the better to promote their interests, and to insnare their Protestant subjects, to get
• See the Trjal of the Five Jesuits, page 25. t Viz, The Law of the Romish Church, which begins, Caput Offieium.
D 4
40 THE PROTESTANTS' DOOM, &c.
advantage upon them, to their ruin, have made large promises, and plighted their faiths to them, when they did not intend to keep it ; as the emperor to John Huss and Jerom ; Charles the Ninth of France to- his Protestant subjects before the massacre; the Duke of Savoy to his Protestant subjects, before their designed ruin ; and Queen Mary, before her burning of them. But if there were neither law nor consci- ence to hinder, yet in point of interest he must not shew favour to here- ticks, without apparent hazard, both of crown and life ; for he forfeits both if he doth. The Pope every year doth not only curse hereticks, but every favourer of them, from which none but himselt can absolve. Becanus very elegantly tells us, ' If a prince be a dull cur, and fly ' not upon hereticks, he is to be beaten out, and a keener dog must be * got in his stead/ Henry the Third and Henry the Fourth*, were both assassinated upon this account, and because they were suspected to favour hereticks. And are we not told by the discoverers of the Popish Plotf , That, after they had dispatched the king, they would depose his brother also, that was to succeed him, if he did not answer their expectations, for rooting out the Protestant religion.
But may not parliaments secure us by laws and provisions, restrain- ing the power which endangers us ? Not possible, if once they secure and settle the throne for popery : For,
First, They can avoid parliaments as long as they please, and a go- vernment, that is more arbitrary and violent, is more agreeable to their designs and principles; it being apparent, that the English Papists have lost the spirit of their ancestors, who so well asserted the English liberties, being so generally now fixed for the Pope's universal monarchy, sacrificing all to that Roman Moloch ; being much more his subjects than the king's; and, though natives by birth, yet are foreigners as to government, principle, interest, affection, and design; and therefore no friends to parliaments, as our experience hath told us.
But secondly, If their necessity should require a parliament, there is no question but they may get such a one as will serve their turns. For so have every of our former princes in all the changes of religion that have been amongst us ; as Henry VIII. when he was both for and against popery ; Edward VI. when he was wholly Protestant ; Queen Mary, when she was for burning alive ; and Queen Elizabeth, when she ran so counter to her sister. And the reason is clear, that he, who has the making of publick officers and the keys of preferment and profit, in- fluenceth and swayeth elections and votes as he pleaseth. And, by how much the throne comes to be fixed in Popery, the Protestants must expect to be excluded from both houses, as they have excluded the Papists; for, as hereticks and traitors, they, as ignominious persons, &c. you have heard, forfeit all right, either to chuse or to be chosen in any publick councils; and then all laws, which have been made for the Protestants, and against the Popish religion, will be null and void, as being enacted by an in incompetent authority, as being the acts of hereticks, kings, lords, and commons, who had forfeited all their rights and privileges.
* Kings of France. t Ste Oat's Kar. p. 4. &c-
THE PRESENT CASE OF ENGLAND. 41
But, thirdly > Suppose our laws were valid, as enacted by compe- tent authority, and such good and wholesome provisions, as were those statutes made by our Popish ancestors, in those statutes of provisoes in Edward the First's and Ed ward the Third's time; and that of premunire in Richard the Second's and Henry the Fourth's, for relief against papal incroachments and oppressions ; yet being against the laws and canons of Holy Church, the sovereign authority, they will be all super- seded; for so they determine, ' That when the canon and the civil laws ' clash, one requiring what the other allows not, the church law must * have the observance, and that of the state neglected ; and constitutions,' say they, ' made against the canons and decrees of the Roman bishops, ' are of no moment ; their best authors are positive in it/ And our own experience and histories testify the truth thereof; for how were those good laws before-mentioned defeated by the Pope's authority, so that there was no effectual execution thereof till Henry the Eighth's time, as Dr. Burnet tells us? And how have the good laws, to suppress and prevent Popery, been very much obstructed in their execution by popish influence*.
THE PRESENT CASE OF ENGLAND,
AND THE
PROTESTANT INTEREST.
SINCE the present condition of the Jcingdomf, and the whole protes- tant interest by the conjunction of France and Spain abroad, and a more horrid combination of several at home, must needs affect with the most melancholy reflexions all true English hearts, all such as have any real love or zeal for their religion, or their native country ; I can- not think it amiss to present a short and impartial view to such as have not considered the same.
In the beginning of the last^ age, the Protestant interest in Europe, was more than a match for the Roman Catholick; the kingdom of Bohemia was almost all Protestant ; near half the subjects of Hungaria, of Austria, and Moravia, were Protestant, and did many times defend themselves by force against the emperor himself, when oppressed by him for the sake of their religion. That, in Germany, the houses of Newburgh were Protestant, the Palatinates, for the most part of them, Prostestant of the strictest sort ; the Saxons entirely Protestant, and, being hearty, unanimous, and seated
* In thv reign of King Charles II. who •was too often influenced by his Papish Brother. t In th« year 1&JO, j Or Sixtevnth.
42 THE PRESENT CASE OF ENGLAND.
in the midst of Germany, were a bulwark and defence to the Protestants of many other lesser states, as often as they were oppressed for their re- ligion, by their own or their neighbouring princes; that many of the subjects of Bavaria, Bamburgh, Cologn, Wurtzburgh, and Worms, were Protestants. Besides these, that the Protestants of France were so powerful as to maintain eight or nine civil wars in defence of their reli- gion, and always came off with advantage. The Vaudois in Italy were all of them Protestant, and great numbers of the inhabitants of the Spa- nish Low Countries* were of the reformed religion. Besides, England and Holland, and the northern kingdoms of Denmark and Sweden, and the dutchy of Brandenburgh, were intirely Protestant. But now, instead of this, Is not the Protestant power destroyed almost over Europe ? The whole kingdom of Bohemia intirely Popish ? Are not the Protestants of Poland, Austria, Moravia, utterly destroyed? Is not their destruc- tion now carrying on, and almost finished in Hungary ? In Germany the Newburghers of Protestants are become fierce enemies of the Pro- testant religion. The Protestants of Bavaria, Bamburgh, Cologn, Wurtzburgh, and Worms, are all destroyed. In France, the Spanish Low Countries, Savoy, and Vaudois, after long and mighty struggles, the reli- gion is utterly extinguished. Against the poor Palatines the persecu- tion is now carrying on with its usual barbarity, and their neighbours, the Saxons, are so far from being able to help them, that they are under the fearful apprehension of suffering the like from their ownprincef, lately turned Roman Catholick to obtain the kingdom of Poland, so soon as his wars with Sweden, and other troubles, created him by his Polish and Lithuanian subjects, will give him leave. Besides this, two northern princes have given great cause to suspect their conversion to the Roman religion. That Sweden, by its separation from the rest of Europe by the Baltick, is unable to give assistance to the Protestants in any part of Europe, without the consent of the German Princes bordering on the Baltick, which will never be granted'by Papists in favour of the Pro- testants.
Thus the Protestant religion, which had spread itself over almost all Europe, which had gained the intire possessions of some countries, the greater part of others, and mighty interest in most, has, through the restless malice and endeavours of its enemies, been subverted and de- stroyed in country after country, till it is at last reduced to a little corner of what it oncej possessed, England and Holland. And do we think our enemies will not accomplish, what they have thus prospe- rously carried on so far, our utter destruction ? Is it not high time then to think ourselves in danger, to look about us to enquire what it is hath thus weakened us, brought us so near our ruin, what measures will certainly accomplish it, and what we must take for the prevention of it.
The Romish methods of converting the Protestants have been in all countries the same, viz. Confiscation of their estates, goals, and impri- sonments, fire and sword, dragooning and massacring, and inflicting tht
* Now divided between France and the House of Austria. t Falhw to the present Elector of Saxony and King of Poland. 1 l.u the reign of Queen Elisabeth.
THE PRESENT CASE OF ENGLAND. 43
mosfc inhuman torments, that rage and fury could invent, upon such, whose resolution and zeal for their religion could not be moved by the former means*.
If this be the true case of England and the Protestant religion, then what is wanting to give the finishing stroke to our destruction, but only an ability in the king of France, to break the powers of England and Holland ? And when we consider, how, in the year 1672, the king of France marched his army through the midst of Flanders, fell directly upon Holland, then unprovided, entered their strongest towns like open villages, some without defence, or almost denial, most of them without any blows at all, and all of them with very few, and made himself master of three parts of Holland in two months' time, for which Sir William Temple, king Charles the Second's ambassador, then in Hol- land, tells us the reason was, ' That the Dutch, then not suspecting
* such a thing, had no field army, sufficient to encounter their enemies,
* or succour any town ; that walled towns will not defend the men
* within, unless the hearts of the men will defend their walls ; that no
* garrison will make any resolute defence, without the prospect or ' hopes at least of relief.' It is true, that the French king, having then all Flanders on his back, garrisoned with Spanish troops (then his im- placable enemies) a powerful army of the German princes marching up- on him down the Rhine; Spain and England, alarmed by his successes, preparing to attack him in all quarters, was glad to vomit up all again, and return home with as much precipitancy as he had invaded them, lest the provisions and retreat of his ar^iy through Flanders should be cut off. But now the case is otherwise, he has possessed himself of Flanders, extended his dominion to the very frontiers of Holland; Spain is all united to him ; some German Princes, then his enemies, are now become his friends ; others entered into conditions of neutrality with him ; and should he now, by a fatal battle, which God of -his in- finite mercy forbid, break the Dutch army, which they have, with infi- nite charge and matchless vigour, gathered up from Denmark, Bran- denburgh, and other remote countries of Germany, might he not enter the heart of their country ? And whence then can their strong cities de- pend upon relief? May he not, as formerly, possess himself of their whole country in less than one campaign? It was the opinion of that great statesman, Sir William Temple, ' That Holland would make a ' stout resistance in any quarrel remote from their own doors ; but ' that which enables them (their wealth) to carry on a foreign war with ' vigour, would in a war at home render them defenceless : rich and
* populous towns are not fit for sieges, or were ever known to make
* any long and resolute defence.' If this be our case? if the whole power of the Protestant religion rests now in a manner, in England and Holland ? if the destruction of England, as well as of our holy religion, must inevitably follow the loss of Holland ? if Holland, by one unfortunate battle, might happen to be lost in one campaign or less, are we not in a most sad and deplorable condi- tion? Arid, if some men are without their fears, have we not the
• See this partisvlarly described go page. 36, fcc.
44 THE PRESENT CASE OF ENGLAND.
greater reason to fear for ourselves, our religion, and our country? What should we judge of those who tell us, it is too early yet for England to declare? The enemy has raised his armies, furnished his magazines; and it is too early for us to think of raising a man. The enemy is before our outworks ; and it is too soon for us to prepare ourselves to be on our guard. Will not those men tell us, when Hol- land is lost, it will then be too late? To what purpose, will they say, now do you think of raising forces ? Is not the French king master of Holland ? Possessed of all their ports ? Where will you land them ! To what use will you put them? Does not such language as this plainly shew the intention of the authors? Is it not plainly to deliver us blindfold, bound hand and foot, into the enemies' hand ? Is not their design now so visible as not to be disguised ? Do not some of the party begin to throw off the mask, and tell us, It will not be well with us till our old master* returns, till the government returns to its natural channelf. And are not those that were the very tools and instru- ments of Popery and arbitrary power in former reigns, and that owe their lives to acts of indemnity in this, industriously represented by some as the patriots of their country ; and by a strange kind of para- dox, those that have been always hearty for the church, and were for defending of it when others were for pulling it down ; that were hearty for the king's J accession to the throne, and to his person and govern- ment ever since, are presented as betrayers of us, as having sold us to France. Would it not be a piece of rare refined policy, if France could hang up her greatest enemies, under the notion of her dearest friends, and give encouragement to her ancient friends under the no- tion of being her enemies?
Let us, therefore, while it is yet in our power (as we tender our re- ligion and our country) use our utmost endeavours, by all legal ways, to assist his majesty and his government against all his and our ene- mies, both at home and abroad.
* Viz. King James.
t Is not this the language of the disaffected to a Protestant succession to this day > who are always plotting to disturb the quiet of that happy government under which we all enjoy our liberty, property, and religion ; and combine with the enemies of our Church and State to re- duce them to Popery and Slavery, by force of arms; which has besn no less than five time* threatened or attempted by France, since the publication of this pamphlet in the year 1690. } King William and Queen Mary.
( 45 )
THE
Pre-eminence and Pedigree of Parliament.
By JAMES HOWELL, Esq.
PRINTED AT LONDON IN THE YEAR MDCLXXVII.
I AM a free-born subject of the realm of England, whereby I claim, as my native inheritance, an undoubted right, propriety, and por- tion in the laws of the land ; and this distinguished! me from a slave. I claim also an interest and common right in the high national court of parliament, and in the power, the privileges, and jurisdiction thereof, which I put in equal balance with the laws, in regard it is the fountain whence they spring ; and this 1 hold also to be a principal part of my birth-right. Which great council I honour, respect, value, and love, in as high a degree as can be, as being the bulwark of our liberties, the main boundary and bank which keeps us from slavery, from the inun- dations of tyrannical rule, and unbounded will-go-government. And I hold myself obliged, in a tye of indispensable obedience, to conform and submit myself to whatsoever shall be transacted, concluded, and constituted, by its authority, in church or state ; whether it be by making, enlarging, altering, diminishing, disannulling, repealing, or reviving of any law, statute, act, or ordinance whatsoever, either touching matters ecclesiastical, civil, common, capital, criminal, martial, mari- time, municipal, or any other: of all which the transcendent and un- controulable jurisdiction of that court is capable to take cognizance.
Amongst the three things which the Athenian captain thanked the Gods for, one was, That he was born a Grecian, and not a Barbarian. For such was the vanity of the Greeks, and, after them, of the Romans, in the nourish of their monarchy, to arrogate all civility to themselves, and to term all the world besides, Barbarian*. So I may say, to have cause to rejoice, that 1 was born a vassal to the crown of England ; that I was born under so well moulded and tempered a government, which endows the subject with such liberties and infranchisements, that bear up his natural courage, and keep him still in heart ; such liberties, that fence and secure him eternally from the gripes and tallons of tyranny. And all this may be imputed to the authority and wisdom of this high court of parliament; wherein there^ is such a rare co-ordination of power (though the sovereignty remain still intire and untransferable in the person ot the prince), there is, I say, such a wholesome mixture be- twixt monarchy, optimacy, and democracy, betwixt prince, peers, and commonalty, during the time of consultation, that, of so many distinct parts, by a rare co-operation and unanimity, they make but one body
3
46 THE PRE-EMINENCE AND PEDIGREE
politick (like that sheaf of arrows in the emblem) one entire concentri- cal piece; and the results of their deliberations, but as so many harmo- nious diapasons arising from different strings. And what greater im- munity and happiness can there be to a people, than to be liable to no laws, but what they make themselves ? to be subject to no contribu- tion, assessmrnt, or any pecuniar levy whatsoever, but what they vote, and voluntarily yield unto themselves? For, in this compacted poli- tick body, there be all degrees of people represented ; both the mecha- nick, tradesmen, . merchant, and yeoman, have their inclusive vote, as well as the gentry, in the persons of their trustees, their knights and burgesses, in passing of all things. Nor is this sovereign superintendent council an epitome of this kingdom only ; but it may be said to have a representation of the whole universe ; as I heard a fluent well-worded knight deliver in the last parliament, who compared the beautiful com- posure of that high court to the great work of God, the world itself. The king is as the sun, the nobles the fixed stars, the itinerant judges and other officers, that go upon messages betwixt both houses, to the planets ; the clergy to the element of fire ; the commons to the solid body of the earth, and the rest of the elements. And, to pursue this compa- rison a little further : as the heavenly bodies, when three of them meet in conjunction, do use to produce some admirable effects in the elemen- tary world ; so when these three states convene and assemble in one solemn great junta, some notable and extraordinary things are brought forth, tending to the welfare of the whole kingdom, our microcosm.
He, that is never so little versed in the annals of this isle, will find, that it hath been her fate to be four times conquered. I exclude the Scot ; for the situation of his country, and the quality of the clime, hath been such an advantage and security to him, that neither the Roman eagles would fly thither for fear of freezing their wings, nor any other nation attempt the work.
These so many conquests must needs bring with them many tum- blings and tossings, many disturbances and changes in government ; yet I have observed, that, notwithstanding these tumblings, it retained still the form of a monarchy, and something there was always, that had analogy with the great assembly, the parliament.
The first conquest, I find, was made by Claudius Caesar ; at which time, as some well observe, the Roman ensigns and the standard of Christ, came in together. It is well known what laws the Roman had ; he had his comitia, which bore a resemblance with our convention in parliament; the place of their meeting was called Praetorium*, and th« laws which they enacted, Plebiscitaf.
The Saxon conquest succeeded next, which were the English, there being no name in Welch or Irish for an Englishman, but Saxon, to this day. They governed by Parliament, though it were under other names, as Michel Sinoth, Michel Gemote, and Witenage Mote.'
There are records above a thousand years old, of these parliaments, in the reigns of King Ina, Offa, Ethelbert. and the rest of the seven kings, during the heptarchy. The British kings also, who retained a
* The Senate or Parliament House, t <• «. The voluntary acts or laws mate by the representatives of the People.
OF PARLIAMENT. 47
great while some part of the isle unconquered, governed and made laws by a kind of parliamentary way ; witness the famous laws of prince Howel, called Howel Dha (the good Prince Howel) whereof there are yet extant some Welch records. Parliaments were also used after the heptarchy, by King Kenulphus, Alphred, and others, witness that renowned parliament held at Grately, by King Athelstan.
The third conquest was by the Danes, and they governed also by such general assemblies (as they do to this da}) witness that great and so much celebrated parliament, held by that mighty mo- narch Canutus, 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 specialest, and most authentick pieces of antiquity we have extant. Ed- ward the Confessor made all his laws thus (and he was a great legisla- tor) Avhjch the Norman conqueror did ratify and establish, and di- gested them into one intire methodical system, which, being violated by Rufus» (who came to such a disastrous end as to be shot to death in lieu of a buck, for his sacrileges) were restored by Henry the First, and so they continued in force till King John, whose reign is renowned for first confirming Magna Charta, the foundation of our liberties ever since ; which may be compared to divers outlandish grafts set upon our English stock, or to a posy of sundry fragrant flowers : for, the choicest of the British, Roman, Saxon, Danish, and Norman laws, being culled and picked out, and gathered, as it were, into one bundle; out of them the aforesaid Grand Charter was extracted : And the establishment of this great charter was the work of a parliament.
Nor are the laws of this island only, and the freedom of the subject, conserved by parliament ; but all the best policed countries of Eu-» rope have the like. The Germans have their Diets, the Danes and Swedes their Riicks Dachs ; the Spaniard calls his parliament Las Cortes ; and the French have, or should have, at least, their Assembly of Three States, though it be grown now in a manner obsolete, because the authority thereof was, by accident, devolved to the king. And very remarkable it is how this happened; for when the English had taken such large footing in most parts of France, having advanced as as far as Orleans, and driven their then King Charles the Seventh, to Bourges in" Berry, the Assembly of the Three States, in these pressures, being not able to meet after the usual manner, in full parliament; be- cause the country was unpassable, the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power, which formerly was inherent in the parliamentary assembly, of making laws, of assessing the subject with taxes, subsidiary levies, and other impositions, was transmitted to the king, during the war; which, continuing many years, that intrusted power, by length of time, grew, as it were, habitual in him, and could never after be re-assumed, and taken from him ; so that, ever since, his edicts countervail acts of par- liament : And that which made the business more feasible was, that the burthen fell most upon the commonalty (the clergy and nobility not feeling the weight of it) who were willing to see the peasant pulled
* William the Second, son and succesor to the Conqueror.
48 THE PRE-EMINENCE AND PEDIGREE
down a little ; because, not many years before, in that notable rebel- lion, called La Jaquerie de Beauvosin, which was suppressed by Charles the Wise, the common people put themselves boldly in arms against the nobility and gentry, to lessen their power. Add hereunto, as an advantage to the work, that the next succeeding king, Lewis the Eleventh, was a close, cunning prince, and could well tell how to play his game, and draw water to his own mill ; for, amongst all the rest, he was said to be the first that put the Kings of France, hors de page, out of their minority, or from being pages* any more, tho' thereby, he brought the poor peasants to be worse than lacquies.
With the fall, or, at least, the discountenance of that usual Parlia- mentary Assembly of the Three States, the liberty of the French na- tion utterly fell ; the poor roturier and vine-yard man, with the rest of the yeomanry, being reduced ever since to such an abject asinine condition, that they serve but as sponges for the king to squeese when he list. Nevertheless, as that king hath an advantage hereby one way, to monarchise more absolutely, and never to want money, but to ballast his purse when he will : So there is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasant hath so dejected him, and cowed his native courage so much, by the seme of poverty (which brings along with it a narrowness of soul) that he is little useful for the war : Which puts the French king to make other nations mercenary to him, to fill up his infantry ; insomuch, that the kingdom of France may be not unfitly compared to a body that hath all its blood drawn up intothe arms, breast, and back, and scarce any left from the girdle downwards, to cherish and bear up the lower parts, and keep them from starving.
All this seriously considered, there cannot be a more proper and pregnant example than this of our next neighbours, to prove how infi- nitely necessary the parliament is, to assert, to prop up, and preserve the public liberty and national rights of the people, with the incolumity and welfare of a country.
Nor doth the subject only reap benefit thus by parliament, but the prince, if it be well considered, hath equal advantage thereby ; it ren- dereth him a king of free and able men, which is far more glorious than to be a king of slaves, beggars, and bankrupts ; men, that by their freedom, and competency of wealth, are kept still in heart to do him service against any foreign force. And it is a true maxim in all states, that it is less danger and dishonour for the prince to be poor, than his people : Rich subjects can make their king rich, when they please ; if he gain their hearts, he will quickly get their purses. Parliament in- creaseth love and good intelligence betwixt him and his people ; it ac- quaints him with the reality of things, and with the true state and dis- eases of his kingdom ; it brings him to the knowledge of his better sort ofs ubjects, and of their abilities, which he may employ accordingly upon all occasions ; it provides for his royal issue, pays his debts, finds means to fill his coffers : And it is no ill observation, The parliamen- tary-monies (the great aid) have prospered best with the kings of Eng-
t Minors.
OF PARLIAMENT. 49
land; it exceedingly raiseth his repute abroad, and enableth him to keep his foes in fear, his subjects in awe, his neighbours and confede- rates in security ; the three main things which go to aggrandise a prince, and render him glorious. In sum, it is the parliament that supports and bears up the honour of his crown, and settles his throne in safety, which is the chief end of all their consultations: For whosoever is entrusted to be a member of this high court, carrieth with him a dou- ble capacity; he sits there as a patriot, and as a subject: As he is the one, the country is his object, his duty being ^to vindicate the publick liberty, to make wholesome laws, to put his hand to the pump, and stop the leaks of the great vessel of the state ; to pry into, and punish corruption and oppression: to improve and advance trade; to have the grievances of the place he serves for redressed, and cast about how to find something that may tend to the advantage of it.
But he must not forget that he sits there also as a subject, and ac- cording to that capacity, he must apply himself to do his sovereign's business, to provide not only for his publick, but his personal wants ; to bear up the lustre and glory of his court; to consider what occasions of extraordinary expences he may have, by increase of royal issue, or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity, that might be offered to his person, crown, or dig- nity, by any foreign state or kingdom; to consult what may inlarge his honour, contentment, and pleasure. And as the French Tacitus (Comines) hath it, The English nation was used to be more forward and zealous in this particular than any other; according to that an- cient eloquent speech of a great lawyer, Domus Regis vigilia defendit omnium, otium iltius labor omnium, delicice illius industria omnium, vaca- tio illius occupatio omnium, salus illius periculum omnium, honor illius objectum omnium, i. e. Every one should stand centinel, to defend th« king's houses ; his danger should be the safety of all, his pleasures the industry of all, his ease should be the labour of all, his honour the ob- ject of all.
Out of these premisses this conclusion may be easily deduced, that, The principal fountain, whence the king derives his happiness and safety, is his parliament : It is that great conduit-pipe which conveighs unto him his people's bounty and gratitude; the truest looking-glass, wherein he discerns their loves; now the subjects' love hath' been al- ways accounted the prime cittadel of a prince. In his parliament he appears as the sun in the meridian, in the altitude of his glory, in his highest state royal, as the law tells us.
Therefore whosoever is averse or disaffected to this sovereign law- making court, cannot have his heart well planted within him : He can be neither good subject, nor good patriot; and therefore unworthy to breathe the English air, or have any benefit, advantage, or protection from the laws.
TOL. I.
( 50 y
THE
MISCHIEFS AND UNREASONABLENESS
OF ENDEAVOURING TO DEPRIVE
HIS MAJESTY OF THE AFFECTIONS OF HIS SUBJECTS,
By misrepresenting him and hit Ministers.
Cum hominum animi vanis timoribus & suspiciouibus implentur, caloraniae & maledicta in Pr In- ciprs sine olio veri falsive discrimine avide accipiuntur, avide communicantur.
Fam. Strada de hello Belg.
This Loyal Tract, containing the true sense of every good subject, was originally published to deter the subjects of Great Britain and Ireland, from fomenting that discontent against kingly government, which brought these nations into that horrid rebellion, that began in the year 1641, and deserves to be recorded, BO Jong as monarchy sways these kingdoms ; and always necessary to be read, so long as that best of governments is struck at by by designing men ; or ignorantly traversed in the conversation of the causelessly discontented subject. have only taken the liberty to strike out some expressions that were temporary in order to render it the more general and useful at all times.
Fis the common imhapriiness of all states, that some persons every where are proud of being thought wise at suspecting, and of an ex- traordinary reach in foreseeing evils,; which, perhaps, never come to pass. The vanity of appearing more acute and sagacious than their neighbours does so possess them, that they make it their business and employment, to discover or to invent approaching mischief's. And, if we look into those histories which give u$ an account of the grand transactions and revolutions of kingdoms ; which do not barely tell things as tales, and say, only such and such things happened, but do search into the real causes of, and acquaint us what occasioned them ; We shall find, that this hnmour has frequently been of greatest conse- quence, and that none have contributed more to the unhappiness and destruction of a nation, than the over-politick and notable men; who, by shew of concern for the publick,and great insight into intrigues and cabals, have laboured to bring the government into suspicion, and to alienate the hearts of the people from their prince. But we need not appeal to foreign occurrences, or elder times. The miseries which these three kingdoms for several years groaned under, do sufficiently attest it ; and they who understand any thing of England's troubles*, in the grand rebellion, are not ignorant that the grave men of fears and jealousies, who discovered what no man could ever find out since; and the seditious preachers, who endeavoured to gain the people's hearts by
• rid. The view of the late troubles in England, p. 96. & alibi.
THE MISCHIEFS AND UNREASONABLENESS, Sec. 51
aspersing their king, and shewing them dangers and enemies round about them, where none meant to hurt them ; who with scripture phrases, and sacred railing, and profane abuse of God's word to base and malicious purposes, demonstrated their governors to be the de- signers of their ruin, were not the least promoters of all our shameful confusions.
But either we are so unwilling to reflect upon what then followed, or so inclinable to gratify our own little humour that way, that we too generally tread in the steps of the fomenters of those disturbances, without the least misgivings of what it may end in. We are as poli- tick and as sharp- sigh ted, and as disingenuous as they were in 1641. We do, indeed, enjoy our liberties and properties, and the free exercise of our religion, peace, and plenty, justice equally distributed to all, are governed by known laws, and no man is oppressed, and yet we have grievances to complain of; dangers we foresee do threaten us ; we groan, and sigh, and cry out at the badness of the times, are apprehensive of strange designs on foot, and cannot afford our governors one good word. Indeed, they among us who have a great reach, and would be thought politicians of the first rate, do give only notable hints, empha- tical nods, intimate somewhat of our fears, but darkly; speak dubiously of what may happen, wish the king better advised, whisper somewhat about evil counsellors, and the like. But the vulgar part of us are more rash, and blunder it out more plainly, and prophesy of arbitrary government ; cry out that we are sold and betrayed, and not far from being enslaved.
Some men have so strange fond conceits of themselves, that they are too ready to fancy their own petty interests and absurd desires so twisted and interwoven with the publick happiness of the nation, that, from any little disppointment of their ill-laid projects, they will take occasion to predict some signal mischiefs, if not ruin to the common- wealth. For they look on themselves as persons no less in favour with God, nor less wise in their designs than others ; and how can publick mischiefs be brought on us, but by the ill administration of those who are concerned in the government? And when this prophetical founda- tion is once laid, then every accident which happens shall minister some jealousies and suspicions ; every suspicion shall beget another ; and can a man think much, and say nothing of such matters?
Besides, some men strangely affect the favour and good word of the common people ; and what readier way to obtain it, than by persuad- ing them that they are not so well governed as they ought to be? Some things will happen amiss, let men do what they can ; and the common people who see the immediate and obvious effects of some in- conveniencies, to which all sorts of governments are subject, have not the judgment to discern the secret lets and difficulties, which in pub- lick proceedings are innumerable and inevitable. And does not the reproving the supposed disorders of state shew the persons, who do so, to be principal friends to the common interest, and honest men of sin- gular freedom of mind? And what can be more popular and plausible ?
Once more. Wlmi every private and ordinary person turns states-
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52 THE MISCHIEFS AND UNREASONABLENESS, &e.
man, and with a judicious gravity canvasses and determines the par- ticular interests and designs of kings and princes ; when he, perhaps, who has hardly wit enough to govern his own little family, takes upon him to settle the affairs of Christendom, and fancies himself able to give this or the other prince advice how to govern his subjects, and en- large his dominions: In fine, when men spend their time, they should employ in their several callings to gain their livelihood, in running about after news, and make themselves poor by idleness and negligence ; what can we expect among these people but perverse censures and silly conclusions, seditious repinings and discontents ?
But, certainly, no wise man can think the worse of any government, because unthinking people speak ill of it ; nor will he, who is but a little above the multitude, think himself in danger, and bound to vex and to be discontented, because they are not pleased.
Indeed, we have been so long used to concern ourselves in matters that do not belong to us, to arraign, and, at our pleasure, to condemn the government ; that either our governors must publish to the world all their designs and consultations, and inform the people of all their mo- tives to such or such resolutions (which would be the most absurd thing in the world, and the greatest contradiction to all the uses and ends of government), or else they must expect to have evil censures passed on them for all they do, to be complained of as enemies to their country, and betrayers of their trust. A humour fit for the senseless rabble, but below any one of parts and ingenuity.
But now let us think a little what will be the end of all these things ? The most experienced and ablest disturbers have always first struck at the reputation of the government, and frequently with great success. For can there be obedience where there is not so much as respect? Will their knees bow whilst their hearts insult? and their actions submit, whilst their apprehensions and tongues do rebel ?
And when the people are thus prepared with jealousies and discon- tents, and some accidents happen, which offer an opportunity, then out steps some bold hypocritical rebel, and heads the discontented party ; puts forth remonstrances of grievances and misdemeanors in the govern- ment, and engages to remedy them ; and the devil, who is never want- ing to men, that are set upon mischief, sets forward the work, till it improve into an open and detestable civil war. All histories are full of examples; and we are not so happy as not to know, and to be one.
Away, therefore, with our murmuring and querulousness ; we do but assist evil men, and vex and trouble ourselves by them. Let us do our duty, every one in his place, and leave the great business of all to God, and to the king, whom he has given us. Let not our curiosity, or what is worse, make us over-careful and solicitous about many things which belong not to us, but rather take the advice given us in scripture, ' Study to be quiet, and do our own business, and wait with patience and modesty.' The reports, which we hear concerning our governor's determinations, are very uncertain, and often false ; and set about by seditious and unquiet men, who perhaps underhand work for that design, which they seem to the world to be most violently set
THE MISCHIEFS AND UNREASONABLENESS, &c. 53
against. And as to those, which are true, we, who know not the cir- cumstances of them, must be very arrogant and presumptuous, if we take upon us to judge of their conveniency or inconvoniency. But this we may be assured of, that all our malicious and seditious dis- courses will very little promote the safety of ourselves, or of our go- vernors ; and that there are those who have better information and greater abilities than we, who will be as much concerned for their lives, their liberties, and their religion, as any of us can pretend to be. Let us assist them with our prayers, and the reformation of our lives ; which are the most effectual means to secure our other interests.
To inforce this yet farther, It is by God that kings reign, and from him alone can they receive their authority ; and since he has sufficiently declared that he would have us be submissive and respectful, patient and obedient; if we murmur against them, we murmur at God's ma- nagement of the world ; we arraign Providence, and shew, that, let us talk as much as we will of it, we are not for it but when it is for us.
Let us question, as a good man among the Jews did : ' Whose ox has our king taken, or whose ass has he taken? or whom has he defrauded ? Whom has he oppressed ? or of whose hands has he received any bribes, to blind his eyes therewith K
We talk of arbitrary government ; What man has lost his life or estate under his government, but by due form and procedure of law? We talk of tyranny ; can any man charge this prince with the least act of cruelty ? Did he ever shew any thing of a bloody revengeful spirit? Or can we read of a more merciful, and condescending, and obliging king that ever ruled in Europe? And all the returns that we make to so much justice, and sweetness, and goodness, are unkind, and rude, and undutiful reflexions. We most ungratefully endeavour to render him as odious in the eyes of the world as we can; and not only so, but settle a way of putting a most invidious interpretation on all his future actions. But, should we endeavour to ruin the reputation of one of the meanest of our neighbours, would it not be a great sin in the eyes of God, and a great injury and wrong to him ; and would not we esteem it so in our own case, if we were so dealt with by others ? and do we not think it a sin of much greater magnitude, to speak evil of dig- nities, to revile God's vice-gerent, and to lay his honour in the dust? Certainly we must be very partial to ourselves if we judge otherwise. And indeed, this is a crime of so extensive a bad influence, and so much mischief, that they who consider the injury the publick receives by it, admire that no severer punishments are appointed by the laws for those who are guilty of it ; and they who consider the heinousness of the sin, do not less wonder that our divines do not more frequently lay open the guilt of it to the people.
To make an end. Could all our complaints and unquietness take away the pretended occasions of them ; could our fancying ourselves in an ill condition deliver us out of it ; could our persuading ourselves that our liberty and religion is in danger, make both secure ; and our wilful fears and jealous surmises prevent real evils : It were unkind to dissuade you from murmuring, and he would prove your enemy
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54 A WORD WITHOUT-DOORS, &c.
who would make you so yourselves. Could groundless fears and ima- ginary dangers establish peace on a lasting foundation ; could false alarms and mutinous discourses contribute any thing to the plenty and quiet of the kingdom : Could our suspecting our governors render our fellow-subjects more obedient, and our aspersing those, who are con- cerned in the management of highest affairs, strengthen your hands, and inspire their resolutions ; then we could have some pretence for our restlessness and clamorousness.
But since it stands upon record in the histories of all ages ; since we have had late and dismal effects of such practices, and have too fre- quently found that jealousies and suspicions, out-cries and complaints, vain fears and imaginary grievances, have produced real mischief, and brought on us those misfortunes, which they seemed only to foretel : Since, they are the most effectual incouragements to seditious persons, and aspiring disturbers need no greater than to have their pretences abetted by sober, grave men, and their cause voted up by the common cry of the whole people ; it cannot be thought indiscreet, or useless, or pragmatical in any one to intreat you to live at ease, and to enjoy your- selves, the blessed serenity of an undisturbed mind; to banish out of your hearts and mouths such hurtful follies; and to persuade you to let peace and prosperity continue among you, whilst they seem to court you, and to beg only your consent.
Dublin, May 24, l6Sl.
A WORD WITHOUT-DOORS,
CONCERNING
THE BILL OF SUCCESSION.
The occasion of writing this Pamphlet was the great dispute concerning the ex- clusion of the Duke of York from the throne of these kingdoms, upon the death of King Charles II. his brother, on account of his religion, having professed him- self a Papist, and openly declared himself a zealous protector of such as were so affected.
The Argument is founded upon the divine institution and proper end of govern- ment ; the laws of the land ; the reasons that may warrant such an exclusion j examples of the like proceedings and the impossibility that a popish king can ever prove a true defender of the Protestant Christian Faith ; all which equally serves to justify the Revolution in 1688, and the Protestant Establishment of the Crown iu the Protestant House of Hanover, and the necessity of preserving the said establishment, as to perpetuate a memorial of that noble stand against Po- pery, and the utmost effort of that Parliament here mentioned, to secure our religion and laws ; even at the hazard of their own dissolution, which the duke was able to obtain.
SIK,
I AM very sensible of the great honour you were pleased to do me in your last, which I received immediately after our late unhappy dissolution j but could have wished you would have laid your com-
A WORD WITHOUT-DOORS, &c. $5
<raands on some more able person, to have given you satisfaction in the matter you there propose relating to the Duke,* who, you seem to in- sinuate, was like (if the Parliament had continued) to have received hard measure.f I must ingenuously confess to you, I was not long since perfectly of your opinion, and thought it the highest injustice imaginable, for any prince to be debarred of his native right of succes- sion upon any pretence whatsoever. But, upon a more mature delibe- ration and enquiry, I found my error proceeded principally from the false notions I had took up of government itself, and from my ignorance of the practices of all communities of men in all ages, whenever self-pre- servation and the necessity of their affairs obliged them to declare their opinion in cases of the like nature : to the knowledge of all which, the following accident, I shall relate to you, did very much contribute.
My occasions obliging me one day to attend the coming of a friend in a coffee-house near C baring-cross, there happened to sit at the same table with me two ingenious gentlemen, who, according to the frankness of conversation now used in the town, began a discourse on the same subject! you desire to be more particularly informed in ; and having extolled the late House of Commons, as the best number of men that had ever sat within these walls ;Jj and that no house had ever more vi- gorously maintained and asserted English liberty and Protestant religion than they had done, as far as the nature of the things that came before them, and the circumstances of time would admit ; to all which I very readily and heartily assented. They then added, that the great •wisdom and zeal of that house had appeared in nothing more, than in ordering a bill to be brought in for debarring the Duke of York from inheriting the crown: a law they affirmed to be the most just and rea- sonable in the world, and the only proper remedy to establish this na- tion on a true and solid interest, both in relation to the present and future times.§
To which I could not but reply, That I begged their pardon if I dif- fered from them in opinion; and did believe, that how honestly soever the House of Commons might intend in that matter, yet that the point of succession was so sacred a thing, and of so high a nature, that it was not subjected to their cognizance; that monarchy was of divine right; that princes succeeded by nature and generation only, and not by authority, admission, or approbation of the people; and consequently, that neither the merit or demerit of their persons, nor the different in- fluences from thence upon the people, were to be respected or had in consideration; but the commonwealth ought to obey and submit to the next heir, without any further inquisition ; and, if he proved a worthy, virtuous, and just prince, it was a great happiness; if unjust, barba- rous, and tyrannical, there was no other remedy, but prayer, patience,
« Of Y«*, afterwards King James II.
t i. e. To have been excluded from succeeding to the Crown of England, upon the demise of his brother, Kkig Charles II. who said that he had no lawful issue.
j Of the succession to the Crown.
]| Because they, without respect to persons, would have excluded the enemies of our holy re- ligion from the throne, and established a true Protestant succession, under which only it is po»- sible for us to be happy.
§ As it has been long since manifested, both in King James II.'* mal«-admiui»tratiou, and tb* happiness w« now enjoy under a Protestant King.
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»6 A WORD WITHOUT-DOORS, &c.
and an entire submission to so difficult a dispensation of God's provi- dence.
I had