the barrenness of his Country: but if he can make sense of his
_Unnatural War of Expediency_, I will forgive him two false Grammars,
and three Barbarisms, in every Period of his Pamphlet; and yet leave him
enow of each to expose his ignorance, whensoever I design it. But his
Expedient it self is very solid, if you mark it. _Exclude the Duke, take
away the Guards_, and consequently, all manner of defence from the Kings
Person; _Banish every Mothers Son of the Papists, whether guilty or not
guilty in particular of the Plot_. And when Papists are to be banished,
I warrant you all Protestants in Masquerade must go for company; and
when none but a pack of Sectaries and Commonwealths-men are left in
_England_, where indeed will be the danger of a War, in a Nation
unanimous? After this, why does not some resenting Friend of _Marvel_'s,
put up a Petition to the Soveraigns of his party, that his Pension of
four hundred pounds _per annum_, may be transferred to some one amongst
them, who will not so notoriously betray their cause by dullness and
insufficiency? As for the illegal Guards, let the Law help them; or let
them be disbanded; for I do not think they have need of any Champion.
The next twenty Lines are only an illustration upon his Expedient: for
he is so fond of his darling Notion, that he huggs it to death, as the
Ape did her young one. He gives us his Bill of Tautology once more; for
he threatens, that they would not rest at the Exclusion; but the Papists
must again be banish'd, and the Dukes Creatures put out of Office both
Civil and Military. Now the Dukes Creatures, I hope, are Papists, or
little better; so that this is all the same: as if he had been conning
over this ingenious Epigram;
There was a man who with great labour, and much pain;
Did break his neck, and break his neck, and break his neck again.
At the last, to shew his hand is not out in the whole Paragraph, when
the Duke is excluded, his Creatures put out of Office, the Papists
banished twice over; and the Church of _England_-men delivered to Satan,
yet still he says the Duke is the great Minister of State; and the Kings
Excellent Qualities give his Brother still opportunities to ruine us and
our Religion. Even excluded, and without Friends and Faction he can do
all this; and the King is endued with most excellent Qualities to suffer
it.
Having found my man, methinks I can scarce afford to be serious with him
any longer; but to treat him as he deserves, like an ill Bouffoon.
_He defends the sharpess of the Addresses of which his Majesty
complains_: but I suppose it would be better for him, and me, to let our
Principals engage, and to stand by ourselves. I confess, I have heard
some members of that House, wish, that all Proceedings had been carried
with less vehemence. But my Author goes further on the other hand; _He
affirms, that many wise and good men thought they had gone too far, in
assuring, nay, in mentioning of money before our safety was fully
provided for_. So you see he is still for laying his hand upon the
penny. In the mean time I have him in a Praemunire for arraigning the
House of Commons; for he has tacitely confessed, that the wise and good
men were the fewer; because the House carryed it for mentioning money in
their Address. But it seems they went too far, in speaking of a Supply,
before they had consulted this Gentleman, how far the safety of the
Nation would admit it. I find plainly by his temper, that if matters had
come to an accommodation, and a bargain had been a bargain, the Knights
of the Shire must have been the Protestant Knights no longer.
_As for Arbitrary Power of taking men into custody, for matters that had
no relation to Privileges of Parliament, he says they have erred with
their Fathers._ If he confess that they have erred, let it be with all
their Generation, still they have erred: and an error of the first
digestion, is seldom mended in the second. But I find him modest in this
point; and knowing too well they are not a Court of Judicature, he does
not defend them from Arbitrary Proceedings, but only excuses, and
palliates the matter, by saying, that it concern'd the Rights of the
People, in suppressing their Petitions to the Fountain of Justice. So,
when it makes for him, he can allow the King to be the _Fountain of
Justice_, but at other times he is only a _Cistern of the People._ But
he knows sufficiently, however he dissembles it, that there were some
taken into custody, to whom that crime was not objected. Yet since in a
manner he yields up the Cause, I will not press him too far, where he is
so manifestly weak. Tho I must tell him by the way, that he is as justly
to be proceeded against for calling the Kings Proclamation illegal,
which concerned the matter of Petitioning, as some of those, who had
pronounced against them by the House of Commons, that terrible sentence,
of _Take him,_ Topham.
_The strange illegal Votes declaring several eminent persons to be
Enemies to the King and Kingdom, are not so strange, he says, but very
justifiable_. I hope he does not mean, that illegal Votes are now not
strange in the House of Commons: But observe the reason which he gives:
for the House of Commons had before address'd for their removal from
about the King. It was his business to have prov'd, that an Address of
the House of Commons, without Process, order of Law, hearing any
Defence, or offering any proof against them is sufficient ground to
remove any person from the King: But instead of this he only proves,
that former Addresses have been made, _Which no body can deny_. When he
has throughly settled this important point, that Addresses have
certainly been made, instead of an Argument to back it, he only thinks,
that one may affirm by Law, _That the King ought to have no person about
him, who has the misfortune of such a Vote_. But this is too ridiculous
to require an Answer. They who will have a thing done, and give no
reason for it, assume to themselves a manifest Arbitrary Power. Now this
Power cannot be in the Representatives, if it be not in the People: or if
it be in them, the People is absolute. But since he wholly thinks it,
let him injoy the privilege of every Free Born Subject, to have the Bell
clinck to him what he imagines.
Well; all this while he has been in pain about laying his Egg: at the
last we shall have him cackle.
_If the House of Commons declare they have just Reasons to fear, that
such a person puts the King upon Arbitrary Councils, or betrays His and
the Nations Interest, in such a Case, Order and Process of Law is not
necessary to remove him; but the Opinion and Advice of the Nation is
enough; because bare removing neither fines him, nor deprives him of
Life, Liberty, or Offices, wherein State Affairs are not concern'd._
Hitherto, he has only prov'd, according to his usual Logick, that bare
removing, is but bare removing, and that to deprive a man of a Publick
Office is not so much as it would be to hang him: all that possibly can
be infer'd from this Argument, is only that a Vote may do a less wrong,
but not a greater. Let us see how be proceeds.
_If he be not remov'd upon such Address, you allow him time to act his
Villany; and the Nation runs the hazard_.
I answer, if the House have just Reasons on their side, 'tis but
equitable they should declare them; for an Address in this Case is an
Appeal to the King against such a man: and no Appeal is supposed to be
without the Causes which induc'd it. But when they ask a Removal, and
give no reason for it; they make themselves Judges of the Matter, and
consequently they appeal not, but command. If they please to give their
Reasons, they justifie their Complaint; for then their Address is almost
in the nature of an Impeachment; and in that Case they may procure a
hearing when they please. But barely to declare, that they suspect any
man, without charging him with particular Articles, is almost to
confess, they can find none against him. To suppose a man has time to
act his Villanies, must suppose him first to be a Villain: and if they
suspect him to be such, nothing more easie than to name his Crimes, and
to take from him all opportunities of future mischief. But at this rate
of bare addressing, any one who has a publick profitable Employment
might be remov'd; for upon the private Picque of a Member he may have a
party rais'd for an Address against him. And if his Majesty can no
sooner reward the Services of any one who is not of their party, but
they can vote him out of his Employment; it must at last follow, that
none but their own party must be employ'd, and then a Vote of the House
of Commons, is in effect the Government. Neither can that be call'd the
Advice and Opinion of the whole Nation, by my Author's favour, where
the other two Estates, and the Soveraign are not consenting.
_'Tis no matter_, says this Gentleman; _there are some things so
reasonable, that they are above any written Law: and will in despite of
any Power on Earth have their effect, whereof this is one_.
I love a man who deals plainly; he explicitly owns this is not Law, and
yet it is reasonable; and will have its effect as if it were. See then,
in the first place the written Law is laid aside: that sence is thrown
open to admit reason in a larger denomination. Now that reason which is
not Law, must be either Enthusiasm, or the head-strong will of a whole
Nation combin'd: because in despite of any Earthly Power it will have
its effect; so that, which way soever our Author takes it, he must mean
Fanaticism, or Rebellion: Law grounded on reason is resolv'd into the
Absolute Power of the People; and this is _Ratio ultima Reipublicae_.
Furthermore; _The King is a publick Person: in his private capacity_,
as we are told, _he can only eat and drink; and perform some other acts
of nature which shall be nameless. But his actings without himself,_
says my grave Author, _are only as a King. In his politick capacity he
ought not to marry, love, hate, make war, or peace, but as a King; and
agreeable to the People, and their Interest he governs._
In plain terms then, as he is a man he has nothing left to do: for the
Actions which are mention'd, are those only of an Animal, or which are
common to Man and Beast. And as he is a King he has as little Business,
for there he is at the disposing of the People: and the only use that
can be made of such a Monarch, is for an Innkeeper to let upon a
Sign-Post to draw custom. But these Letters of Instruction how he should
behave himself in his Kingly Office, cannot but call to mind how he was
school'd and tutor'd, when the Covenanters made just such another Prince
of him in _Scotland_. When the terrible fasting day was come, if he were
sick in bed, no remedy, he must up and to Kirk; and that without a
mouthful of Bread to stay his Stomach; for he fasted then in his
Politick Capacity. When he was seated, no looking aside from Mr. _John_;
not a whisper to any man, but was a disrespect to the Divine Ordinance.
After the first Thunderer had spent his Lungs, no Retirement, the first
is reinforc'd by a second and a third: all chosen Vessels, dieted for
Preaching, and the best breath'd of the whole Country. When the Sun went
down, then up went the Candles, and the fourth arises to carry on the
work of the night, when that of the day was at an end.
'Tis true what he says, that our greatest Princes have often hearkened
to the Addresses of their People, and have remov'd some persons from
them; but it was when they found those Addresses reasonable themselves.
But they who consult the manner of Addresses in former times, will find
them to have been manag'd in the House of Commons, with all the calmness
and circumspection imaginable. The Crimes were first maturely weigh'd,
and the whole matter throughly winnow'd in Debates. After which, if they
thought it necessary for the publick wellfare, that such a person should
be remov'd, they dutifully acquainted the King with their opinion, which
was often favourably heard; and their desires granted. But now the Case
is quite otherwise; Either no Debate, or a very slight one precedes
Addresses of that nature. But a man is run down with violent Harangues;
and 'tis thought sufficient, if any member rises up, and offers that he
will make out the Accusation afterwards: when things are carried in this
heady manner, I suppose 'tis no sign of a Great Prince, to have any of
his Servants forc'd from him. But such Addresses will insensibly grow
into Presidents: you see our Author is nibbling at one already. And we
know a House of Commons is always forgiving the Crescent in their Arms.
If they gain a point, they never recede from it, they make sure work of
every concession from the Crown, and immediately put it into the
Christmass Box: from whence there is no Redemption.
In justification of the two Votes against lending or advancing Money to
the King, he falls to railing, like a Sophister in the Schools, when his
Syllogisms are at an end. He arraigns the Kings private manner of
living, without considering that his not being supplied has forc'd him
to it. I do not take upon me to defend any former ill management of the
Treasury; but, if I am not deceiv'd, the great grievance of the other
party at present, is, that it is well manag'd. And, that notwithstanding
nothing has been given for so many years, yet a competent provision is
still made for all expences of the publick, if not so large as might be
wish'd, yet at least as much as is necessary. And I can tell my Author
for his farther mortification, that at present no money is furnish'd to
his Majesties Occasions, at such unconscionable Usury as he mentions. If
he would have the Tables set up again, let the King be put into a
condition, and then let eating and drinking flourish, according to the
hearty, honest and greasie Hospitality of our Ancestors. He would have
the King have recourse to Parliaments, as the only proper Supply to a
King of _England_, for those things which the Treasury in this low Ebb
cannot furnish out: but when he comes to the Conditions, on which this
money is to be had, they are such, that perhaps forty in the Hundred to
a Jew Banquer were not more unreasonable. In the mean time, if a
Parliament will not give, and others must not lend, there is a certain
story of the Dog in the Manger, which out of good manners I will not
apply.
The Vote for not prosecuting Protestant Dissenters upon the Penal Laws;
which at this time is thought to be a Grievance to the Subject, a
weakning of the Protestant Religion, and an Incouragement to Popery, is
a matter more tenderly to be handled. But if it be true what has been
commonly reported since the Plot, that Priests, Jesuits, and Friars,
mingle amongst Anabaptists, Quakers, and other Sectaries, and are their
Teachers, must not they be prosecuted neither? Some men would think,
that before such an uniting of Protestants, a winnowing were not much
amiss; for after they were once sent together to the Mill, it would be
too late to divide the Grist. His Majesty is well known to be an
indulgent Prince, to the Consciences of his dissenting Subjects: But
whoever has seen a Paper call'd, I think, _An intended Bill for
uniting_, &c. which lay upon the Table of every Coffee-House, and was
modelling to pass the House of Commons, may have found things of such
dangerous concernment to the Government, as might seem not so much
intended to unite Dissenters in a Protestant Church, as to draw together
all the Forces of the several Fanatick Parties, against the Church of
_England_. And when they were encouraged by such a Vote, which they
value as a Law; (for so high that Coin is now inhaunc'd) perhaps it is
not unreasonable to hold the Rod over them. But for my own part, I
heartily wish, that there may be no occasion for Christians to persecute
each other. And since my Author speaks with some moderation, candor, and
submission to his Mother Church, I shall only desire him and the
dissenting Party, to make the use they ought, of the King Gracious
Disposition to them, in not yet proceeding with all the violence which
the penal Laws require against them. But this calm of my Author, was too
happy to last long. You find him immediately transported into a storm
about the business of _Fitz-Harris_, which occasion'd the Dissolution of
the Parliament at _Oxford_: and accusing, according to his sawcy Custom,
both his Majesty, and the House of Lords, concerning it. As for the
House of Lords, they have already vindicated their own right, by
throwing out the Impeachment: and sure the People of _England_ ought to
own them as the Assertors of the publick Liberty in so doing; for
Process being before ordered against him at Common Law, and no
particular Crime being laid to his Charge by the House of Commons, if
they had admitted his Cause to be tryed before the Lordships, this would
have grown a President in time, that they must have been forc'd to judge
all those whom the House of Commons would thrust upon them, till at last
the number of Impeachments would be so increas'd; that the Peers would
have no time for any other business of the Publick: and the Highest
Court of Judicature would have been reduc'd to be the Ministers of
Revenge to the Commons. What then would become of our ancient Privilege
to be tryed _per pares_? Which in process of time would be lost to us
and our posterity: except a proviso were made on purpose, that this
judgment might not be drawn into farther President; and that is never
done, but when there is a manifest necessity of breaking rules, which
here there was not. Otherwise the Commons may make Spaniels of the
Lords, throw them a man, and bid them go judge, as we command a Dog to
fetch and carry. But neither the Lords Reasons, nor the King first
having possession of the Prisoner, signifie any thing with our Author.
He will tell you the reason of the Impeachment was to bring out the
Popish Plot. If _Fitz-Harris_ really know any thing but what relates to
his own Treason, he chuses a fine time of day to discover it now, when
'tis manifestly to save his Neck, that he is forc'd to make himself a
greater Villain; and to charge himself with new Crimes to avoid the
punishment of the old. Had he not the benefit of so many Proclamations,
to have come in before, if he then knew any thing worth discovery? And
was not his fortune necessitous enough at all times, to catch at an
impunity, which was baited with Rewards to bribe him? 'tis not for
nothing that Party has been all along so favourable to him: they are
conscious to themselves of some other matters than a Popish Plot. Let
him first be tryed for what he was first accus'd: if he be acquitted,
his Party will be satisfied, and their strength increas'd by the known
honesty of another Evidence: but if he be condemn'd, let us see what
truth will come out of him, when he has _Tyburn_ and another World
before his Eyes. Then, if he confess any thing which makes against the
Cause, their Excuse is ready; he died a Papist, and had a dispensation
from the Pope to lie. But if they can bring him silent to the Gallows,
all their favour will be, to wish him dispatch'd out of his pain, as
soon as possibly he may. And in that Case they have already promis'd
they will be good to his Wife, and provide for her, which would be a
strong encouragement, for many a woman, to perswade her Husband to
digest the Halter. This remembers me of a certain Spanish Duke, who
commanding a Sea-Port-Town, set an Officer of his, underhand to rob the
Merchants. His Grace you may be confident was to have the Booty, and the
Fellow was assur'd if he were taken to be protected. It fell out, after
some time, that he was apprehended: His Master, according to Articles,
brought him off. The Rogue went again to his vocation, was the second
time taken, delivered again, and so the third. At last the matter grew
so notorious, that the Duke found, it would be both scandalous and
difficult to protect him any longer; But the poor Malefactor sending his
Wife to tell him that if he did not save him he must be hanged to
morrow, and that he must confess who set him on: His Master very civilly
sent him this Message; _Prithee suffer thy self to be hanged this once
to do me a Courtesie, and it shall be the better for thy Wife and
Children._
'But that which makes amends for all, says our Author, is the Kings
resolution to have frequent Parliaments. Yet this, it seems, is no
amends neither: for he says Parliaments are like Terms, if there be Ten
in a Year, and all so short to near no Causes, they do no good.'
I say on the other hand, If the Courts will resolve beforehand to have
no Causes brought before them, but one which they know they cannot
dispatch; let the Terms be never so long, they make them as
insignificant as a Vacation.
_The Kings Prerogative, when and where they should be call'd, and how
long they should sit, is but subservient, as our Friend tells us, to the
great design of Government; and must be accommodated to it, or we are
either denyed or deluded of that Protection and Justice we are born to._
My Author is the happiest in one faculty, I ever knew. He is still
advancing some new Position, which without proving, he slurs upon us for
an Argument: though he knows, that Doctrines without proofs will edifie
but little. That the Kings Prerogative is subservient, or in order to
the ends of Government is granted him. But what strange kind of Argument
is this, to prove that we are cheated of that Protection to which we are
born. Our Kings have always been indued with the power of calling
Parliaments, nominating the time, appointing of the Place, and
Dissolving them when they thought it for the publick good: And the
People have wisely consulted their own welfare in it. Suppose, for
example, that there be a Jarring between the three Estates, which
renders their sitting at that time Impracticable; since none of them can
pretend to Judge the proceedings of the other two, the Judgment of the
whole must either reside in a Superiour power, or the discord must
terminate in the ruine of them all. For if one of the three incroach too
far, there is so much lost in the Balance of the Estates, and so much
more Arbitrary power in one; 'Tis as certain in Politiques, as in
Nature; That where the Sea prevails the Land loses. If no such discord
should arise, my Authors Argument is of no farther use: for where the
Soveraign and Parliament agree, there can be no deluding of the People;
So, that in short, his quarrel is to the constitution of the Government.
And we see what nettles him, That the King has learnt from the unhappy
example of his Father, not to perpetuate a Parliament. But he will tell
you, that they desire only a lasting Parliament, which may dispatch all
causes necessary and proper for the publick: And I Answer him, that it
lyes in themselves to make it so. But who shall Judge when it shall be
proper to put an end to such a Parliament? there is no farther Answer
left him; but only, that the Reason of things is the only Rule: for when
all necessary causes are dispatch'd, then is the proper time of
Dissolution. But if you mark it, this Argumentation is still running in
a Circle. For the Parliament, that is the House of Commons, would
constitute themselves Judges of this reason of things; and of what
causes were necessary to be dispatch'd. So that my Author had as good
have laid down this Position bare-fac'd, that a Parliament ought never
to be Dissolved, till an House of Commons would sit no longer.
My Author goes on scoffingly, _That he has nothing to say for those
angry men_ (he means of his own Party) _whose particular Designs are
disappointed; only that they might have kept their places; and that he
can find no difference betwixt them who are out, and those who are put
in, but that the former could have ruin'd us, and would not: and these
cannot if they would._