stances, and in two particularly, which the house thought did then deserve a grateful acknowledgment, first in petitioning the king for the sitting of that parliament; secondly, in voting an address to his majesty to declare their loyalty, and to petition him that the parliament might sit until protestantism was sccured. Having given this account of the proceedings both of the courtiers and house of commons, the one to run down, the other to assert the Subject's Right of Petitioning in those days; I must crave leave to take notice of what passed afterwards, because it will be of use to us in the matter I am now treating of. After the dissolution of the Oxford parliament, the king published a declaration, wherein he vouchsafed to declare the causes and reasons of his actions to his people.' It might very well be imagined, that after the people had so universally petitioned for the sitting of the last parliament at Westminster, to secure their religion and liberties, which the conspirators were now attacking with the utmost vigour, they would be more than a little alarmed to see that and the succeeding parliament at Oxford so soon dissolved, and that denied them which they thought the only security for their religion. He begins therefore with telling them, that, it was with exceeding great trouble, that he was brought to dissolve the two last parliaments.' It were well that those who in their votes concerning the Kentish Petition, shewed that they have not forgotten the spirit of the courtiers at that time as to their abhorrence of petitioning, had remembered their other resentments, expressed in this declaration, as the reasons for dissolving that parliament. until a bill be likewise passed for excluding the duke of York, this house cannot give any supply to his majesty, without danger to his majesty's person, extreme hazard of the protestant religion, and unfaithfulness to those by whom this house is trusted. 3. That all persons who advised his majesty in his last message to this house, to insist upon an opinion against the bill for excluding the duke of York, have given pernicious counsel to his majesty, and are promoters of popery, and enemies to the king and kingdom."-After these general Resolutions, they ran into severe votes and resolutions against Geo-ge, earl of Hal-ax, H―ry, ma-qs of Wor-er, H-ry, earl of Cla-on, Law-ce HI-de, esq.; Le-s, earl of Fev-am. A motion was also made for an address to his majesty, to remove Ed-rd Sey-or, esq; from his majesty's council and presence, but it was adjourned to the Monday following, which was the day on which the parliament was prorogued. The reason perhaps why they did not press this motion, was because they had agreed upon articles of impeachment against him, upon other scores, just twenty days before. Their warm proceedings, and their insisting upon that particular method to secure the protestant religion, occasioned not only the prorogation of this parliament on the 10th of Jan. but of the following parliament likewise at Oxford, which met the 21st of March, and was dismissed on the 28th as soon as they read the Bill of Exclusion brought in there. On the 10th of Jan. the house of commons, knowing that they were to be prorogued, before the prorogation came to several Resolutions, two of which I shall here take notice of. "1. Resolved, That whosoever advised his majesty to prorogue this parliament to any other purpose than in order to the passing of a Bill for the Exclusion of James duke of York, is a betrayer of the king, the protestant religion, and of the kingdom of England, a promoter of the French interest, and a pensioner to France. 2. That the thanks. of this house be given to the city of London, for their manifest loyalty to the king, their care, charge, and vigilancy for the preservation of his majesty's person, and of the protestant religion."-This care and concern which the city of London shewed for the protestant religion, in that time of imminent danger, appeared in many in-vilege to shew a letter written by sir Ed-rd person of the duke of York, who by the wicked instruments of the church of Rome, has been manifestly perverted to their religion; that his succession is utterly inconsistent with the safety of his majesty's person, the preservation of the protestant religion, and the property, peace and welfare of his protestant subjects. On the 4th of Jan. he sent them another message, wherein he tells them that he is sorry to see their thoughts so wholly fixed upon the Bill of Exclusion; that he is confirmed in his opinion against that bill, &c. This occasioned the resolutions of the 7th of January, set down here. One complaint is, That the commons made arbitrary illegal orders, for taking persons into custody for matters that had no relation to privilege of parliament.' Was it at that time arbitrary and illegal to take those degenerate wretches into custody, who published under their hands abhorrences of parliaments, and of those who in humble and lawful manner petitioned for their sitting in a time of such extreme necessity; and is it not now so to imprison and confine men for doing their duty to their king and country, no otherwise than the law prescribes? Is it a greater breach of pri Sey-or, than, in compliance with a strange arbitrary illegal proclamation, to run down the Subject's Right of Petitioning; and thus in effect, to strike at parliaments themselves, and endeavour to wound the constitution? What would Mr. Bo-n have said to this? Surely he must have blushed to see his old friends, whose interest he then served, in running down the commons power of imprisoning, exercise such acts of power as were never heard of in England before. Tom Sheridan who laboured in the same cause, and wrote against that power of the commons, which he felt in his own person, with as much warmth as it was possible for Bo-n to do, did be see these things, would be able perhaps to behold them with little astonishment. He knew the frailty of human nature, and carried much of it about in his own body for after he had taken a great deal of pains, (as all the royal scribes of those times, and his religion did) in decrying fanaticism and republican principles, in crying up episcopacy and the church of England, and rescuing the minds of men from those groundless fears of popery, which were running them into measures peruicious to the duke his master's interest; he saw, poor man, popery rampant, and a popish king in England; he saw the bishops, and (which he could not but wonder at) was glad to see them, in the Tower; and, which must be the greatest wonder of all to such a zealous churchman as he was, he saw himself a papist. It would therefore be now the less surprizing to him to see his old loyal friends turned downright republicans, and as violent in the house of commons for illegal and arbitrary imprisoning, as they were against that, and all other power in the commons. confusions of tyranny and usurpation, by the subtle artifice and cunning contrivance of the old enemies of the monarchy and the church.' Others, That it is the kingdom's interest to continue the succession in its due and right line;' and take upon them to thank his majesty, for his unalterable resolutions to preserve the crown in its due and legal course of descent; and undertake to sacrifice their lives to preserve the king's heirs and lawful successors: and offer their lives and fortunes to his majesty's disposal for this purpose.' It must be astonishing as well as surprising in those days, that when petitions had been not only discountenanced, but forbidden by proclamations, addresses should so soon after be encouraged and promoted; especially when we consider that the petitions were in reference to matters which every body understood, and in relation to things wherein the law justified the petitioners: whereas addresses respected matters which very few understood, and which the law no way authorizes private men to meddle with, and which none Another complaint in the Declaration, and a save a parliament have power to decide or dereason given for dissolving those parliaments, termine. If change of parties in St. Stephen's is their strange illegal votes, declaring divers chapel make it not astonishing to us, now to eminent persons to be enemies to the king and see a house of commons treat gentlemen so sekingdom, and desiring to have them removed verely as this has done, for presenting a legal from the king's council and presence, without petition, when another house has called others any order or process of law, any hearing of to account for expressing their abhorrence of their defence, or any proof so much as offered petitioning; yet it must seem a little strange to against them.' The persons here pointed at see those who promoted addresses to the king in the Declaration are very well known, so is to secure the interest of a popish successor, imthe crime for which they are declared, Ene- prison so many gentlemen of worth and note in mies to the king and kingdom.' Time has their country, for addressing them, and praying shewn whether those parliaments had reason in the most difficult times we ever fell into, that to express their resentments against those men our religion and safety may effectually be prowho adhered to the duke of York's interest. |vided for, and that a king, who under God has Had they been less warm for him, they had per-preserved the Protestant religion, may be enahaps been kinder to their religion and country.bled to assist his allies, and consequently preIt is certain that extraordinary artifices were serve our religion and liberties. But if nothing made use of to support his interest. Such I may of this be strange, is it not a little amazing to call this very Declaration, which though it was compare some mens proceedings against others, reckoned for very good * reasons, to be contrived with those remonstrances to the nation publishby a great French minister, though it came ed in the houses of God, where they complain not out under the great seal, and was only of eminent persons being voted enemies to the subscribed by Francis Gwyn the clerk of the king and kingdom, and addressed against to council, yet was read publicly in the churches. have them removed from the king's council and Such I may reckon the addresses contrived and presence, without any order or process of law, sent up by men of the same leaven with the for- any hearing of their defence? Were such votes mer abhorrers: wherein some + ascribe it to and addresses greater hardships in the reign of his majesty's wisdom and sovereign authority, a king, who made it his rule to heap favours on that we are not relapsing into the miseries and those who were under the displeasure of the house of commons, than they are under a prince, whom the commons reckon obliged in The Declaration was not communicated to the privy council, till the 8th of April; but M. Barillon, the French ambassador, read it to a gentleman the 5th of April, and advised with him about it. The gallicisms speak it to be French, for it introduces the king saying, It was a matter extremely sensible to us, a form of speech peculiar to the French. Besides, the duchess of Mazarine published the dissolution at St. James's several hours before it was done. Vid. Just and Modest Vindication of the Proceeding of the two last Parliaments. † Address from Rye in Suffolk. *This was the old cant to draw in the church party to their side, to make them believe there were evil designs against the monarchy and the church. That they may keep up a title to the useful cant, they themselves increase the number of those enemies. + Address from the county of Somerset. Address from Cambridge, Rippon, western division of Sussex. || Address from Hereford, Address from Monmouth. a manner to comply with them in all their desires? From what I have said it appears when, and upon what account the subject's right of petitioning was run down. As the petitions offered by the people were for the sitting of the parliament, and that to have their religion and liberty secured in a time of great and manifest danger: So were the abhorrences of those petitions set afoot, four parliaments dissolved, the king's declaration containing the reason of it published in churches, and the thanks-giving addresses to his majesty afterwards procured, to defeat the measures then taken for the preservation of our religion, and to secure the duke of York's peaceable succession to the crown. If there be any who consider, that those who have a concern for the Protestant religion, must apprehend at least as much evil from king James or his family's returning now, as from his succession at that time; and that as it is of as great importance to the affairs of France to have him on the throne, or confusion in England, as then it was; so count Tallard must be as industrious in taking measures to serve his master, as Mr. Barillon was in those days: it must be a very melancholy reflection to them, to think how differing the temper of the commons of England now is from what it was then; and to see the power in their hands, who were in all those court measures which, I am afraid, have not yet had their worst effects. which they never would do. That which gave offence was, calling their addresses loyal: If they were loyal, it could be no reflection to call them so; if they were not, they had reason I confess to think it a jeer, and at the same time they ought to confess that it was what they deserved. It is most certain that the design of the gentlemen who signed that Petition, was to serve their country by it, which they did effectually: the methods then that they made use of must be such as they thought properest for that end, wherefore the goodness and sincerity of their intentions must silence every thing that can be said against their way of expressing themselves. The censure of the commons is very severe, they tell us the Petition is scandalous, insolent, seditious, tending to destroy the constitution of parliament, and subvert the established government of this realm.' By the harshness of the expressions, a man would think that this petition were an address to a king, or a remonstrance that charged him with a felonious conspiracy, or making a treaty in its own nature unjust. How can it be scandalous or insolent for so considerable a branch in the English nation to present an humble Petition to their delegates, and pray their attornies (as members were formerly called) to take care of the business they entrusted them with? How can it be seditious to shew an extraordinary and unparalleled zeal for the king, to pray that he may be enabled to assist his allies, and that God may Good natured people, who are as far from long continue his propitious and unblemished being suspicious of others, as they are from evil reign over us? how can it tend to destroy the designs themselves, do, I know, judge those constitution of parliament, and subvert the esmen too severe in their censures, who think tablished government of this realm, to pray to that in the treatment of the Kentish Petition- have those things done, which are absolutely ers there were the same regards and designs that necessary to prevent our falling into the hands were formerly in their abhorrences and ad- of those enemies who will certainly destroy the dresses or that this was done to gratify count constitution of parliament, and subvert the esTallard, and, by striking a terror, to prevent the tablished government of this realm? The list people from running universally into petitions Westminster parliament in the reign of Charles and addresses, and conjuring up a spirit in the 2, resolved, 27th of Oct. 1680, nem. con. (as I nation which might be very prejudicial to his observed before) That to traduce petitioning master's affairs. It is true indeed, they do and as a violation of duty, and to represent it to his must own that it is hard to account for the se- majesty as tumultuous and seditious, is to beverity of their proceedings: That when the law tray the liberty of the subject, and contributes has in express words provided that people may to the design of subverting the ancient legal petition the parliament, they should place such constitution of this kingdom, and introducing an affront on the county of Kent (I should say arbitrary power.' This parliament resolves, that the whole kingdom of England) as to imprison the Kentish Petition tends to destroy the contheir delegates after the manner they did. If stitution of parliaments, and to subvert the esevery part of the Petition was not so nicely tablished government of this realm. It is very worded as they would have it, would it not be strange that to traduce petitioning, and to pesufficient to reprove them for it? would no less tition should both tend to subvert the constitupunishment than imprisonment do? If any of tion. If it be the undoubted right of the subtheir own members be at any time taxed for ject to petition, it will be very easy to determine speaking amiss, they are suffered to explain which of the two resolutions is rightest; and themselves; why should not they allow others if we compare the former inclinations of a party to do the same? If there was any thing in the with their late proceedings, it will be evident to petition which the house thought a reflection, us, how the last resolution happens to be wrong. one of the gentlemen told sir Theophilus Ogle- But it is said, that there is something particular t-rp they would declare at the bar of the house in the petition which justifies this resolution; that it was what they did not design, and would the petition directs the house of commons, and ask pardon for it; but nothing would serve that tells them what they shall do; this, they say, is plenipotentiary's turn but to have them declare insolent, and tends to destroy the constitution that they were sorry for presenting the Petition, of parliament, and to subvert the established VOL. V.-Appendix. : P government of this realm.' Very strange! can ment. The meaning of those who tell us that influence others, and thus occasion petitions whatever they please, without any regard to They who tell us that the representatives of the freemen of England have such a freedom as this, and are to act without controul, cannot sure mean that they have delegated their whole Au usurped authority I call it, and must sub-power to them, so that it is free for them to do scribe to that, as what I take to be very moderate and just, which colonel Algernoon Sidney says in that discourse which cost him his life; * 'I believe,' says he, that the powers of every county, city and borough of England, are regulated by the general law to which they have all consented, and by which they are all made members of one political body-Among us every county does not make a distinct body, having in itself a sovereign power, but is a member of that great body which comprehends the whole nation. It is not therefore for Kent or Sussex, Lewis or Maidstone, but for the whole nation that the members chosen in those places are sent to serve in parliament: And though it be fit for them as friends and neighbours (so far as may be) to harken to the opinions of the electors for the information of their judgments; and to the end that what they shall say may be of more weight, when every one is known not to speak his own thoughts only, but those of a great number of men; yet they are not strictly and properly obliged to give account of their actions to any, unless the whole body of the nation for which they serve, and who are equally concerned in their resolutions, could be assembled. This being impracticable, the only punishment to which they are subject, if they betray their trust, is scorn, infamy, hatred, and an assu rance of being rejected when they shall again seek the same honour.' But though a part of the freebolders of England cannot impose their commands on the representatives of the whole, yet may they represent any private or public grievance; nor can I see how the doing this can tend to destroy the constitution of parlia * Discourses concerning Government, sect. 44. p. 451. That the power arises and is fixed here, and that the delegates reckon themselves obliged to follow the directions of those who chuse them, is evident from the practice of other countries, whose governments had the same origin with that of England. The deputies or procuradores of the several parts of Castile did in the Cortez held at Madrid, in the beginning of Charles the fifth's reign, excuse themselves from giving the supplies he desired. because * Sidney, of Government, p. 451. * they had received no orders in that particular | That tendered the king's estate, and they are from the towns that sent them; and afterwards ready to aid the same, only in this new device receiving express orders not to do it, they gave they dare not agree without conference with his majesty a flat denial. The like was fre- their countries.'-Since then in our constituquently done during the reigns of that great tion the delegates of the people have reckoned prince, and of his son Philip 2. The same way that they had a trust reposed in them by those was taken in France, as long as there were any whom they represented, and that they were general assemblies of estates; and if it do not obliged to make their will the rule of their acstill continue, it is because there are none: for tions; it will be very hard to conceive how it can no man who understood the affairs of that tend to destroy this constitution, to pray them kingdom, did ever deny, that the deputies were to have a regard to the voice of the people. If obliged to follow the orders of those who sent they faithfully discharge the trust reposed in them. In the general assembly of estates held them by the country, it will be impossible at at Bloys in the time of Henry 3, Bodin then any time to procure a petition signed by such deputy for the third estate of Vermandois, by a number of gentlemen as those of the county their particular order, proposed so many things of Kent, which may any way seem to arraign as took up a good part of their time. Other their proceedings; but if their management deputies alledged no other reason for many bring them under the suspicion of the nation, things said and done by them, than that they the people who have a right to preserve themwere commanded so to do by their superiors. selves, must be allowed a liberty to let them These general assemblies being laid aside, the know, in civil and respectful terms, what is the same custom is still used in the lesser assemblies voice of the people, and what they think the of estates in Languedoc and Brittany. The necessities of the public. In such a case it is deputies cannot, without the infamy of betray-impossible for all to represent the public grieving their trust and fear of punishment, recede from the orders given by their principals. The same method is every day practised in the diets of Germany: the princes and great lords, who have their places in their own rights, may do what they please; but the deputies of the cities must follow such orders as they receive. The histories of Denmark, Sweden, Poland and Bohemia, testify the same things. This appears to have been the constitution of England. Formerly, said my lord Coke, in the writs to the sheriffs for the election of commons, the king signified, that by the advice of his council he called them together about some weighty affairs that concerned himself, the state and defence of his kingdom of England, and the holy church, and required them to chuse such men as would promote those affairs that for want of such a power, and by an improvident election, the aforesaid business might not be left undone.' The business that required their meeting was published in the writs, that the commons and freemen might consider what they thought convenient to have done, and that they might chuse proper delegates, and direct them as they thought fit. This I take to be the reason why it was always the custom at the meeting to declare the cause of parliament, which in ancient time,' says he, was shewed in the chamber de peint, or St. Edward's chamber: that the persons elected being more fully informed of the business to be transacted by them, might be able to give their respective countries timely information of it, in order to receive their directions therein. In this opinion we may be confirmed by what that great sage of the law tells us in another place. When any new device is proposed on the king's behalf,' says § he, the commons may answer, Vida de Carlos 5° de Sandoval. 2d Instit. fol. 9, 10. ances together; some therefore must begin, and they who address first, when there is a good reason for it, deserve the thanks of the whole. It was impossible that such a considerable body of gentlemen as the Kentish Petitioners, should conspire together to affront the house of commons; they knew what they did was done in the eyes and face of the nation, that such an act of folly and madness must bring them into the lowest degree of contempt with the people of England. They thought therefore what they did was a duty which they owed their country in that great and nice juneture; whether it was so or no, will appear from The third and last member of this Discourse, which is to shew what reasons those gentlemen had to petition.-It was notorious to them, and all the world, that our affairs were at that time in a very dangerous and melancholy posture. They knew that France has a long time aimed at the universal monarchy: that as she has maxims in her government which are very well calculated for such great designs; so by her carrying on a ten years war, against the powerful states confederated against her, they saw that she has force to support her in those enterprises. If her power was formidable when she marched out only in her own strength, it must be very terrible to see her strengthened with the union of no less a power, than that which two ages before grasped likewise at the empire of the universe. It is true indeed, those dominions were not bequeathed to her; but being given to one of the house of Bourbon, who must live under the guardianship, be protected by the power, and governed by the counsels of France, she must necessarily and of course have the same command over their wealth and force that she had over her own. This was an early effect of the Spaniard's will for though in the beginning the French party among us endeavoured to make us be |