A brief history of the times, &c. ...

No Power.

THE Power of a Prince, Exerts it self in the Means of an Ample Revenue, to Answer all the Necessities of the Crown; to Pay his Troups, and to Reward Honourable Services: In the Pri∣vileges of Sovereign Authority; the Love, and the Reputation that he has in the Hearts of his People; In the Arms of his Militia; the Command of his Subjects; and the Chearfull Obedience of his Friends. They had allready Maim'd, and Disa∣bled his Late Sacred Majesty, in the First Great Point, of his Revenue. That which comes-on Next, is to see how they dealt with him in respect of his Power, of Prerogative, in General, and as to his Forces, both by Land, and by Sea, in Par∣ticular; and whether the whole Proceeding was not still Grounded, upon the Damnable Bug-bear of the Popish Plot. How they us'd him, upon the Matter of his Credit, and Friends, shall come-on in due Time. But to Proceed now, to an Enquiry how they handled him upon the Sub∣ject of his Prerogative. First in the Case of the Earl of Danby.

The Kings Prerogative of Pardoning Question'd.

[REsolved, That an Humble Ad∣dress be made to His Maje∣sty,* 1.1 Representing to his Majesty the Irregularity, and Illegality of the Pardon, menti∣oned by his Majesty to be Granted to the Earl of Danby, and the Dangerous Consequence of Granting Pardons to Any Persons that lie under an Impeach∣ment of the Commons of England.]

Here's the Kings Power of Life and Death shaken at the very Root;* 1.2 and what's the Unpardonable Crime at last, but This among Others!

[That he is Popishly-Affected, and hath Trayterously Conceal'd,* 1.3 af∣ter he had Notice of, the Late Hor∣rid Plot, or Conspiracy, Contrived by the Papists against his Majesties Person and Government, and hath Suppress'd the Evidence, and Reproachfully Discountenanced the Kings Witnesses in the Disco∣very of it, in favour of Popery, Immediately ten∣ding to the Destruction of the Kings Sacred Per∣son, and Subversion of the Protestant Religion.]

There happen'd no Evil under the Sun in those Days, but the Late Horrid Plot, or somewhat like it, had still a Finger in the Pye: But from Pardoning in my Lord Danby's Case, they pro∣ceeded afterward, to a Bolder Step in my Lord

Staffords; and to make a Moot-Point of it, whe∣ther the King, by his Prerogative, could so much as Remit, any Part of the Sentence; but Sir W. I. gave his Opinion upon't, in Favour of the Prero∣gative, upon a very Weighty Reason. [This House (says he) lyeth not under any Obligation to Offer at any Opposition, nor concern themselves herein, Especially at This Time, when such a Dispute may End, in Preventing of the Execution of the said Lord Stafford: And therefore I do humbly Conceive you may do well to give your Consent,* 1.4 that the said Writ be Executed according to its Tenor.]

The Short of the Bus'ness was This; Sentence of Death was pass'd,* 1.5 in Form, upon my Lord Stafford; and the Kings Writ to the Sheriffs, Commanded only his Head to be Sever'd from his Body. Bethel and Cornish, (the then Sheriffs of Lon∣don and Middlesex) Apply'd themselves by Peti∣tion, to the Lords, to know whether they should Obey the Writ, or Not: The Lords found the Scruples Vnnecessary, and Declar'd [That the Kings Writ ought to be Obey'd.] After this, to the Com∣mons, Stating the Matter under These Four Fol∣lowing Quaeries. (I speak upon the Credit of the Collection of Debates above-mention'd,)

• * 1.61. Whether the King, being nei∣ther Iudge nor Party, can Order the Execution?
• 2. Whether the Lords can award Execution?
• 3. Whether the King can Dispense with any part of the Execution?
• 4. If the King can Dispense with some part of the Execution, why not with All?

Upon the Debate, it was, in the Conclusion,* 1.7 [Resolved, That This House is [CONTENT,] (That is to say; it does VOVCHSAFE, and with MVCH A-DO too) that the Sheriffs of Lon∣don and Middlesex, do Execute William Late Viscount Stafford, by Severing his Head from his Body only.]

The Story of these Insolencies will never be Believ'd in After-Ages; but however, we are up∣on the Foot still, of the (a) 1.8 [Tray∣terous,* 1.9 and Execrable Conspiracy for the (b) 1.10 Imprisoning, Deposing, and Murdering his Sacred Majesty, and the (c) 1.11 Raising and Disposing of Men, Monys, Arms, and other Things Necessary for their Wicked, and Trayterous De∣signs, and Namely, a Commission for William Vis∣count Stafford, to be Paymaster of the Army.

HEre's a Dreadfull Bus'ness (as the Good Wo∣man said) about this same Trayterous, and Execrable Conspiracy; Pray the Lord it be

all True at Last; for the Government was Migh∣tily off the Hinges about it; and the Fountain of Mercy, and Power, seem'd to be quite Dry'd-up. The Sheriffs were become the Peoples Officers, and the Commons made Iudges of the Validity of the King's Writ, The Style of Authority, was no longer [We Charge and Command] but Re∣solv'd upon the Question;] and the Power of the Keys, dropt into St. Stephens Chapel.

Parliamentary as well as Pardoning Power Encroch'd upon.

AND that they might not seem Partial to One Prerogative more then Another, They struck at the King's Power of Parliaments, as well as of Pardons; and finding that an Ever∣lasting Parliament Agreed so well with their Pre∣decessors, they had a Months-mind to make Tryal of the Same Experiment Themselves too; as may be seen by the By, in their Parliamentary Ad∣dresses, and Votes, but most Expresly, in the Throng of Popular Addresses to his Majesty, and in the Libel of Vox Patriae; where so many of the Members got themselves Address'd to, in a kind of an Association, to That very purpose. As for Example: In the Address against Sir George Ieffreys; the Earl of Hallifax; and several Votes upon the same Occasion.

[We your Majesties most Duti∣full,* 1.12 &c. in hopes to bring the Po∣pish Conspirators to speedy Iustice,

were about to Petition to your Majesty in an Hum∣ble, Dutifull, and Legal Way, for the Sitting of This Parliament, &c.] And so again.

[We, &c. being deeply sensible of the Manifold Dangers and Mischiefs which have been Occasion'd to This your Kingdom by the Dissolution of the Last Parlia∣ment,* 1.13 and by the Frequent Prorogations of This Parliament, whereby the Papists have been Great∣ly Encouraged to Carry on their Hellish, and Dam∣nable Conspiracies, &c.]

[Resolved, That Whosoever Ad∣vised his Majesty to Prorogue This Parliament,* 1.14 to Any Other purpose, then in Order to the Passing of a Bill for the Exclu∣sion of James Duke of York, is a Betrayer of the King; the Protestant Religion, and of the King∣dom of England; a Promoter of the French Inte∣rest, and a Pensioner to France.]

What is All This, but Overturning, and Over∣turning? Confusion, like Waves, following One upon the Back of Another; and the Cabal so In∣toxicated with Passion, in the Logick of This Last Vote, that the very Despite of being Defeated, made them Forget their Ordinary Prudence: For the Conclusion is never to be Reconcil'd to the Pre∣misses. All that can be said for This Worrying Vote, is, that they were then in their Last Agonies; for they were That Day Prorogu'd, from the afore∣said 10th of Ianuary, to the 20th, in Order to a Dissolution: And in All Mischievous Creatures, the Convulsions of Death are ever the Strongest:

But for the Rolls of the Written Addresses of Those Days, they are most of them Peremptory, for Sit∣ting 'till they might be Effectually Secur'd, and That's One Main Condition too, of the Countrys Addresses to their Members; And the Address of Sir Patience Ward, then Lord-Mayor, &c. to his Majesty Himself.

[Your Petitioners were Extremely Surpriz'd at the Late Prorogation,* 1.15 whereby the Prosecution of the Publique Iustice of the Kingdom; and the Making the Provisions Necessary for the Preservation of your Majesty, and your Prote∣stant Subjects, hath received an Interruption, &c.

They do therefore most Humbly pray,* 1.16 &c. That the said Parliament may Sit from the Day to which they are Prorogued, untill by their Councels, and Endeavours, Those Good Remedies shall be Provided, and Those Iust Ends Attained; upon which, the Safety of your Majesties Person; The Preservation of the Prote∣stant Religion; The Peace and Settlement of your Kingdoms, and the Welfare of This your Ancient City, do so Absolutely Depend.]

What is This now, but the Counter part of the Bill for Continuing the Parliament, that was Pass'd in Forty One, and Chiefly upon the very Same Pre∣tences too? Viz. That Publique Grievances might be Redress'd, and Iustice done upon Delinquents, before the Parliament should be Dissolv'd: Or in short; The King was [Not to Pro∣rogue, Adjourn,* 1.17 or Dissolve This Parli∣ament, without Consent of Both Hou∣ses.]

And there's Another Parliamentary Point, yet to Come, in the Vote of Unqualifying the Members, for the Receiving of any Beneficial Office from the King. 'Tis a kind of a Scandalous Incapacity, for a Subject to fare the worse for his Master's Commissi∣on; And too much in all Conscience, for the Same Men to Tye-up the King's Hands from Any Act of Grace, and Bounty, toward his Subjects, that had before Ty'd-up the Peoples Hands, from Sup∣plying his Majesty. The Vote was This,

[Resolved, That no Member of This House shall Accept any Office,* 1.18 or Place of Profit from the Crown with∣out the Leave of This House, nor any Promise of any such Office or Place of Profit during such time as he shall continue a Member of This House.]

An Eminent Member that Started This Motion, made it his Observation upon the Long Parliament, [That All Those that had Pensions, and most of Those that had Offices,* 1.19 Voted All of a side, as they were di∣rected by some Great Officer, &c.] If That Gen∣tleman had taken as much Notice, that the House had but Two sides, and who Voted on the Other; he would have found a Noble Peer, to have Weigh'd against his Great Officer, and the Matter to be no more then the Old Discrimination over again, of [King and Parliament.] It may be a Question now, the Tendency, and Intent of This Touch duly Con∣sider'd, whether they made the King, or the Mem∣ber, in such a Case, the Greater Delinquent of the Two.

And they were not Contented, here, neither, without a Further Essay upon the Choice of his Majesties Ministers, and Officers of State, War, and Iustice; After the Copy of the Old Nineteen Propositions.

The King not to Chuse his own Officers, and Ministers.

[NO (a) 1.20 Judges but men of Abi∣lity, Integrity,* 1.21 and Known Affection to the Protestant Religi∣on: (And They Themselves to be Iudges of the Iudges) Their Offi∣ces, and Salaries, to hold, Quamdiu se bene gesserint, &c. (b) 1.22 No Lord-Lieutenants, but Persons of Integri∣ty, and Known Affection to the Protestant Reli∣gion, (the Religion of the Associators, that is) No Deputy-Lieutenants, and Justices of the Peace, but so Qualify'd; And moreover, Men of Abili∣ty, Estates, and Interest in their Country: (u••∣der the Same Character still) None to be Employ'd as Military Officers, or Officers in his Majesties Fleet, but men of Known Experience, Courage, and Affection to the Protestant Religion.] (All, Parliament-Proof, still, and of the Same Stamp.] To say nothing of the Habeas-Corpus Bill; and other Encroachments upon the Preroga∣tives of the Crown: for fear of being too too Te∣dious. We'le see next, how they Be••av'd them∣selves in the Bus'ness of the Militia, and the Kings Guards; over and above the Step they made to

have the Approbation of All Officers, Themselves; After the Blessed Example, still, of Old Forty One: Nay, and in the very Method too; Begin∣ning with an Address for Guards; as follows.

They offer at the Militia, and the Guards.

* 1.23[WHereas the Safety and Pre∣servation of your Majesties Sacred Pe••son, is of so Great a Con∣sequence and Concernment, to the Pro∣testant Religion, and to All your Subjects; We do most humbly beseech your Majesty to Command the Lord Chamberlain, and All Other the Officers of your Majesties Houshold, to take a Strict Care that no Vnknown, or Suspicious Persons may have Access near your Majesties Person; and that your Majesty will likewise please to Command the Lord Mayor, and Lieutenancy of London, to Appoint sufficient Guards of the Train-Bands, during This Session of Parliament; and likewise the Lords Lieutenants of Middlesex and Surry, to appoint the Like Guards of the Trained-Bands, in Middlesex, Westminster, Southwark, and other Places Adjacent, as shall be thought Necessary.]

With Honour to That Long, Loyal Parliament; so many of them as Believ'd the Witnesses, had great Reason to Provide against Otes'es Black-Bills, and Mustard-Balls: But They that KNEW the whole Story to be as Arrant a Tale, as Tom Thumb; Those People, I say, had Designs, of Drawing the Militia over to Themselves, by Trepanning the Mul∣titude

into the Execution of One Cheat, under the Dread, and Belief of Another: And there were Ill men enow got into That Body, to Leaven the Whole Lump: The City of London however, will be Wiser, I hope, in the time to Come, after the better Part of 200000 l. paid for Experience; then to call for Double Guards again, for fear of Popery. But here follows Another Address about the Militia, that goes a little Further, than the Former; Tho' That would not do, Neither.

[May it please your Majesty,

We your Majesties most dutifull,* 1.24 and Loyal Subjects, the Commons in Parliament Assembled, taking into Consideration the Eminent Dangers Arising to your Majesty, and the Whole Kingdom, from Popish Practices, and Con∣spiracies; and Conceiving that Nothing can so well Resist their Attempts, as some Parts of the Militia; (The Setled Legal Forces of This Kingdom:) [They should have said By your leave, Gentle∣men of the Guards] Actually in Arms, on whom your Majesty may Rely, with the Greatest Confidence, and Security.

We do therefore humbly Desire your Majesty to Command your Lieutenants, and Deputy-Lieute∣nants of the Several Counties of This Kingdom, to Give Order to All their Trained-Bands to be in a Readiness, and Draw together one Third Part of the Respective Militia; and to Continue them in a Bo∣dy for Fourteen Days; and after they are Dis∣miss'd, to Draw up another Part for the same Time, &c.

The Plot would not Take it seems, in One Par∣liament, and so they Try'd it again in the Next; falling foul, particularly, upon the Kings Guards, in the First Place, and after That, they were All in Post-hast again, for the Raising of the Militia, in these two Following Instances of Vote, and Ad∣dress.

[Resolved, That the Continuing of Any Standing Forces in This Nation,* 1.25 other then the Militia, is Illegal, and a Great Grievance, and Vexation to the People.] And then.

We your Majesties most Loyal, &c. do most humbly beseech your Majesty,* 1.26 that your Majesty would be Graciously pleas'd to give Order, that the Militia of London, Westminster, Southwark, the Tower-Hamlets, and the Counties of Middlesex and Surry may Im∣mediately be Raised, and put in a Posture of De∣fence, in such Proportion, and for such time, as your Majesty shall think fit.]

In the Wipe upon the Guards, they had it in their Heads, directly, to Disarm the King; Nay, to Un-king him; (for without the Power of the Sword, he hath No Power at all;) and in fine, to Turn the Point of it, upon their Sovereign: For the Militia, at the Rate that they had Tamper'd the Peoples Minds, and Affections, would have been as Fit for Another Edg-hill Expedition, a∣gainst Charles the Second, as ever it was for That, in the Time of Charles the Martyr.

Notes

• * 1.1

  Journal. Mar. 24. 1678.
• * 1.2

  No Power of Life and Death.
• * 1.3

  Com. Journal, Dec. 21. 1678.
• * 1.4

  Collection of Debates, Dec. 23. 1680. p. 215.
• * 1.5

  Bethel and Cor∣nish's Scruple a∣bout the Execu∣tion of the Lord Stafford.

  Lord Staffords Tryal, Fol. 217.
• * 1.6

  Bethel's Quaeries. Coll. of Debates, Dec. 23. 1680.
• * 1.7

  Ibid.
• (a) 1.8

  fol. 4.
• * 1.9

  Lord Stafford's Tryal.
• (b) 1.10

  fol. 5.
• (c) 1.11

  fol. 6.
• * 1.12

  Commons Votes Nov. 22. 1680.
• * 1.13

  Commons Votes Nov. 26. 1680.
• * 1.14

  Commons Votes Jan. 10. 1680.
• * 1.15

  Vox Patriae. f. 3.
• * 1.16

  Ibid. fol. 4.
• * 1.17

  See Whitlock's Memor. fol. 43.
• * 1.18

  Votes. Dec. 30. 1680.
• * 1.19

  Collection of Debates. p. 218.
• (a) 1.20

  Votes. Ad∣dress. Dec. 21. 1680.
• * 1.21

  The 19 Proposi∣tions over again.
• (b) 1.22

  Ibid.
• * 1.23

  Attempts upon the Militia. Journal. Oct. 24. 1678.
• * 1.24

  Journal, Nov. 22. 1678.
• * 1.25

  Journal Ap. 1. 1679.
• * 1.26

  Journal May 10. 1679.