About this time the King being inform'd that A. C. fome of the Officers of the Army detain'd part of 1689. the Soldiers Pay, which had occafion'd Disorders

among them, and Abufes and Injuries that had been Abufes put upon the Perfons where they were Quarter'd, committed His Majefty granted a Commiilion to the Duke of by Soldiers Schemberg, the Earls of Devonshire and Mordant, the Redressed Lord De la Mere, Mr. Warton, and fome others, to May 13. enquire into the Caufe of thofe Disorders, and Redrefs the fame, of which his Majesty gave publick Notice, by a Proclamation for preventing of falfe Mufters and Injuries which might be done, either to the Soldiers or Subjects.

It was Natural for the Roman Catholicks to repine Difcontents at the prefent Settlement; and their diffatisfaction in Eng was fo far excufable, that it was the effect of their land. Zeal for their Religion, which they apprehended was in danger of a total Extirpation; fince they had loft a King whom they always efteem'd to have been rais'd by God Almighty, to reestablish and propagate the Roman Faith in these Nations; But twas Itrange to fee a fort of Proteftants difgufted with a Revolution that feem'd to have been accomplifh'd under the particular Direction of Heaven, for the Prefervation of the Reform'd Religion. Thefe Malecontents, not daring publickly to Profefs their Affection to the Abdicated Monarch, infinuated themselves into all Companies, privately fowing the Seeds of Sedition in fuch Tempers as they found prepar'd to receive them. They murmur'd at the prefent Pofture of Affairs, whispering, that all was illegal and unjustifiable; That the Doctrine of now practicably Mariana the Spanish Jefuit, was translated into English, and that Men needed not any longer be beholding to Rome for Difpenfations and AbSolutions, fince in England every Man had found out the way to become his own Confeffor, and could readily Abfolve himself from Oaths of Allegiance; That King James would fhortly return with a Powerful Army, and Settle things on a Right Foundation; That the Intereft of the Church of England was involv'd with that of his Majesty, and that the one could not fubfift without the Restoration of the other. Thefe Seditious Infinuati

ons

A. C.

1689.

Dr. Bur net's Pa ftoral Let

Conquerors
Dated

May 15.

..

t

ons being countenanc'd by fomeDivines who refus'd to take the Oaths, Dr. Burnet Bifhop of Salisbury, employ'd his Pen to rectifie their Errors and conquer their Obftinacy, Addreifing a Paftoral Letter to the Clergy of his Diocefs concerning the Allegiance due to King William and Queen Mary. But it far'd with ter prov him as it generally does with fuch as write in ing King Favour of a prevailing Party; that is, he over-shot William the Mark; for whereas he fhould have been conand Queen tented to affert their Majefties Title by saying, Mary That they were actually in Poffeffion of the Throne, by the unanimous Confent of the Reprefentatives of the Nation, he carried his Reafoning further, and endeavour'd to prove that King William had a juft Claim to the Crown by his Sword. He alledg'd, "That "there were few of thofe, who did not think, that "the King, when he was Prince of Orange, had a juft Caufe of War, when he first undertook this Expedition, for even at Common-Law an Heir "in Remainder, has juft Caufe to Sue him that is "in Poffeflion, if he makes wafte on the Inheri"tance which is in Reverfion; That it is much more reafonable, fince the thing is much more Important, That the Heir of a Crown fhould in66 terpofe, when he fees him that is in Poffeflion hurried on blindfold to fubject an Independent King"dom to a Foreign Jurifdiction, and thereby to "rob it both of its Glory, and of its Security; That "when it is manifeft that this muft occafion the "greatest Ruin and Miferies poflible to that Kingdom, and when a pretended Heir was fet up in "fuch a manner that the whole Kingdom believ'd "him Spurious, in fuch a Cafe, it could not be denied, even according to the higheft Principles of "paffive Obedience, that another Sovereign Prince 66 might make War on a King fo abufing his Power; "That this being the Cafe in Fact, here was a "War begun upon juft and lawful Grounds, and "being fo begun, it was the uncontroverted Opi"nion of all Lawyers, That the fuccefs of a juft War gives a lawful Title to that which is acquired in the Progrefs of it, and therefore King James having fo far Sunk in the War, that he abandon'd his Peo

..

::

66

66

“ple,

ple, and deferted the Government, all his Right A. C. "and Title did accrue to King William, in the 1689. "Right of a Conqueft over him. But tho' with "Relation to King James's Rights, he was vefted "with them by the Succeffes of a War, yet His Majefty was willing, with Relation to the Peers and People of England, to receive the Crown by "their Determination, rather than to hold it in the Right of his Sword. The fame Argument was purfued and illuftrated about three Years after, in

66

66

a Pamphlet entituled * King VVilliam and Queen. Suppos'd Mary Conquerors, at which the Parliament then to be writSitting were fo offended, that they order'd both that, ten by Mr. and Dr. Burnet's Letter to be publickly Burnt by Blount. the Common Executioner. Some time before the Bishop publifh'd this Paftoral Letter, the Malecontents difpers'd a Libel, call'd A Short History of the Convention, or new Chriften'd Parliament, against which His Majefty † put forth a Proclamation, promifing † May 7. t a Reward of 100l. to fuch Perfons as fhould difcover either the Author, Printer or Publisher of the faid Treasonable Pamphlet.

66

To refume the Proceedings in Parliament, the Commons having appointed a Committee to make an Eftimate of Forfeitures, Ground Rents, and Additional Excife, in order to raife further Aids to carry on the War, Mr. Papillion reported, "That Report a as to Forfeitures the Committee had perus'd the bout For"Lifts deliver'd in by the Members of the feveral feitures "Counties, and, on Examination, did find greational Ex"Difficulties in the Matter, as, whether fome that .. were nam'd had acted in their Offices? Whe"ther others were not infolvent and unable to Pay; "whether others had not qualified themfelves, and "whether there were not feveral omitted; but

that on Confideration of the whole, it was their O

pinion that the Forfeitures in the feveral Counties "might produce 348000 . without including the "Counties of Bedford, Lincoln, and Cardigan, "there being no Lift brought in of thofe Coun "ties. That as to the Additional Excife, it was "the Opinion of the Committee, that Nine Pence per Barrel might produce 120000 l. per Annum ; but that as to the Ground-Rents the Com

"mittee

and Addi

cife, May

15.

A. C.mittee, as yet, could not find out Means to come 1689. to any probable Grounds to make an Estimate, "but they were endeavouring it, and in a fair way "towards it.

Revers'd.

April 22.

It was neceffary, in order to Juftifie the prefent Settlement, to animadvert upon the irregular Proceedings of the preceeding Reigns, more efpecially thofe of the corrupt Judges in VVeftminfter Hall. Therefore Bills were brought into the Houfe of Lords to reverfe and annull the Attainders of the Lord Ruffel, Alicia Lifle, and Algernoon Sidney, which being recommended from the King, paft both Houfes with great Unanimity. A Committee of Priviledges being appointed in the Houfe of Peers, and having Examined the Cafe of the Earl of Devonshire, their Lordships reported their Opinion, which was, That the Proceedings against the faid Earl in the Court of King's-Bench in Easter-Term, in the Third Year of King James II. upon an Information of an Affault upon Mr. Culpeper, wherein his Lordfoip's Plea of Priviledge of Parliament was overruled, and he was Fin'd 30000l. and thereupon committed to the King's-Bench in Execution, was a great Violation of the Priviledges of the Peers of England; And likewife, that thofe Fudges, who fat in the faid Court, when the faid Judgments were given, and the Said Commitment made, fhould be required to attend at the Bar of this Houfe, to answer for the great Offence, which they committed thereby. Hereupon the Lords order'd that Sir Robert VVright, who upon the withdrawing of King James, had been committed Prifoner in Newgate, Sir Richard Holloway, Mr. Bradbury, Mr. Petyt, and Mr. Juftice Powell, fhould attend their Houfe on the 6th of May following, which they did accordingly. The Deputy of the Clerk of the Crown Office in the King's-Bench having publickly Read the Record relating to the Earl of Devonshire's Cafe, and the Judges being ask'd what they had to fay for themfelves in this Bufinefs? Mr. Justice Powel faid, That it was his great Misfortune that he was mifguided by fome Books, which he look'd on as Authorities, and which he found, by their Lordships Fudgments were ot fo, and he humbly begg'd their Lordships and the Earl of Devonshire's Pardon. That as to the Fine, he

thought

thought it exorbitant, and look'd upon 3000 1. Fine A. C enough; and that his Silence in that Business was his 1689. greatest Fault, for which he alfo begg'd Pardon. Sir Robert VVright alledg'd, That as to the Breach of Priviledges they were misguided by Precedents; as to the Fine, (which is ufually fet according to the Quality and Eftate of the Perfon Fin'd) it came from the Puny Judge 30000l. and fo to him last, according to the course of the Court; and if he was mistaken he begg'd Pardon, for he never had the leaft Difrefpect to the Earl of Devonfhire. Then Sir Richard Holloway faid, That he, as Second Fudge, pronounc'd the Fine, 30000l. which was fet Nemine Contradicente; that if a leffer Fine had been propos'd he should have accepted it; and begged my Lord Devonshire's Pardon, and fubmitted all to their Lordships. After that, the Lords asking them, whether they had no Difcourfe together before, concerning the faid Fine, Sir Robert VVright affirmed, it was never mention'd but in Court; and Sir Richard Holloway alfo declar'd, He had no Direction in it, either from King James or Chancellor Jeffreys; whereupon Mr. Juftice Powell replied, Sir Richard Holloway might remember there was a Difcourfe of the Fine five or fix Days before at the Lord Chancellor's, where Sir Robert Wright, Sir Richard Holloway, Sir Richard Allibone and himself were. This Sir Richard Holloway pretended he did not remember; and Sir Robert VVright denied, that they were there purpofely about the faid Fine. Thefe two being withdrawn, Mr Juftice Powel, was ask'd, what Difcourfe they had at the Lord Chancellor's? To which he anfwer'd, That the Chancellor firft propos'd 20000l. and afterwards faid,it would be better if 30000 Pound, and then the King might abate 10000 I. And that to this he declar'd his diflike to the other Fudges, tho' not before the Lord Chancellor. After this Examination, Notice having been given to the King's Council, to the end if they had any thing to offer, Whether a Peer of this Realm might by Law be committed in Execution for a Fine? The faid Council did accordingly give their Attendance, but offer'd nothing therein; wherefore, upon full Confideration of the feveral Cafes and Precedents, wherein the