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About this time the King being inform’d that A. C. some of the Officers of the Army detain'd part of 1689. the Soldiers Pay, which had occasion'd Disorders among them, and Abuses and Injuries that had been Abuses put upon the Persons where they were Quarter'd, committed His Majesty 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 some others, to May 13. enquire into the Cause of those Disorders, and Redress the same, of which his Majesty gave publick Notice, by a Proclamation for preventing of falfe Musters and Injuries which might be done, either to the Soldiers or Subjects.

It was Natural for the Roman Catholicks to repine Discontents at the present Settlement; and their diffatisfaction in Eng was so far excufable, that it was the effect of their land. Zeal for their Religion, which they apprehended was in danger of a total Extirpation ; since they had loft a King whom they always esteem'd to have been rais' d by God Almighty, to reestablish and propagate the Roman Faith in these Nations; But 'twas Itrange to see a sort of Protestants disgusted with a Revolution that seem'd to have been accomplish'd under the particular Direction of Heaven, for the Preservation of the Reform'd Religion. These Malecontents, not daring publickly to Profess their Affection to the Abdicated Monarch, insinuated themselves into all Companies, privately lowing the Seeds of Sedition in such Tempers as they found prepard to receive them. They murmurd åt the prelent Posture of Affairs, whispering, that all was illegal and unjustifiable; That the Doctrine of Mariana the Spanish Fcfuit, non practicably translated into English, and that Men needed not any longer be beholding to Rome for Dispensations and AbSolutions, since in England every Man had found out the way to become his own Confeffor, and could readily Absolve himself from Oaths of Allegiance ; That King James would shortly return with a Powerful Army, and Settle things on a Right Foundation; That the Interest of the Church of England was involv'd with that of bis Majesty, and that the one could not subsist without the Restoration of the other. These Seditious Insinuati

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A. C. ons being countenanc'd by someDivines who refus'd

1689. to take the ()aths, Dr.Burnet Bishop of Salisbury, emwploy'd his Pen to rectifie their Errors and conquer Dr. Bur. their Obstinacy, Addreiling a Pastoral Letter to the nee's Pan Clergy of his Diocess concerning the Allegiance due Storal Let- to King William and Queen Mary. But it far'd with ter prove him as it generally does with such as write in ing King Favour of a prevailing Party; that is, he over-shot William the Mark ; for whereas he should have been conand Queen tented to affert their Majesties Title by saying, Mary Conqueror's

That they were actually in Polesion of the Throne, by Dated the unanimous Consent

of the Representatives of the NaMay 15. tion, he carried his Reasoning further, and endea.

vour'd to prove that King William had a just Claim to the Crown by his Sword. He alledg'd, “That “there were few of those, who did not think, that " the King, when he was Prince of Orange, had a “just Cause of War, when he first undertook this Expedition, for even at Common-Law an Heir

in Remainder, has just Cause to Sue him that is “ in Pofleflion, if he makes waste on the Inheri.

tance which is in Reverlion ; That it is much more reasonable, since the thing is much more Important, That the Heir of a Crown should interpose,when he fees him that is in Poffeflion hur“ried on blindfold to subject an Independent Kingdom to a Foreign Jurisdiction, and thereby to

rob it both of its Glory, and of its Security ; That “ when it is manifest that this must occasion the

greatest Ruin and Miseries poilible to that King“dom, and when a pretended Heir was set up in s such a manner that the whole Kingdom believ'd “him Spurious, in such a Case, it could not be de.

nied, even according to the highest Principles of paflive Obedience, that another Sovereign Prince

might make War on a King fo abusing his Power; " That this being the Case in Fact, here was a

War begun upon just and lawful Grounds, and being so begun, it was the uncontroverted Opi“nion of all Lawyers, That the success of a just War

gives a lawful Title to that which is acquired in the Progress of it, and therefore King James having fo far Sunk in the War, that he abandon'd his Pec


ple, and deserted the Government, all bis Right A. C. “ and Title did accrue to King William, in the 1689. “Right of a Conquest over him. But tho' with “Relation to King James's Rights, he was vested “ with them by the Successes of a War, yet His

Majesty 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 same Argument was pursued and illustrated about three Years after, in à Pamphlet entituled * King VVilliam and Queen

Suppos'd Mary Conquerors, at which the Parliament then to be write Sitting were so offended, that they order'd both that, ten by Mr. and Dr. Burnet's Letter to be publickly Burnt by Blount. the Common Executioner. Sone time before the Bishop publish'd this Pastoral Letter, the Malecontents dispers’d a Libel, called A short History of the Convention, or new Christen'd Parliament, against which His Majesty t put forth a Proclamation, promising † May 7. a Reward of 100 l. to such Persons as should discover either the Author, Printer or Publisher of the faid Trealonable Pamphlet.

To resume the Proceedings in Parliament, the Commons having appointed a Committee to make an Estimate of Forfeitures, Ground Rents, and Addicional Excise, in order to raise further Aids to carry on the War, Mr. Papillion reported, “ That Report s

as to Forfeitures the Committee had perus’d the bout For“Lifts deliver'd in by the Members of the several feitures “ Counties, and, on Examination, did find great cimal Ex

and Adria “ Difficulties in the Matter, as, whether some that cile, May “ were nam'd had acted in their Offices? Whe

15. “ther others were not infolvent and unable to Pay ;

whether others had not qualified themselves, and “ whether there were not several omitted; but 6 that on Confideration of the whole, it was their O. “ pinion that the Forfeitures in the several Counties

might produce 348000 l. without including the - Counties of Bedford, Lincoln , and Cardigan, "there being no List brought in of those Coun

ties. That as to the Additional Excise, 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.

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66 mittee

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.

It was necessary, in order to Justifie the Atainders present Settlement, to animadvert upon the irRevers'd.

regular Proceedings of the preceeding Reigns, more elpecially those of the corrupt Judges in Westminster. Hall. Therefore Bills were brought into the House of Lords to reverse and annull the Attainders of the Lord Ruffel, Alicia Life, and Algernoon Sidney, which being recommended from the King, past both Houses with great Unanimity. A Com

mittee of Priviledges being appointed in the House April 22.

of Peers, and having Examined the Case of the Earl of Devonshire, their Lordships reported their Opinion, which was, That the Proccedings against the said Earl in the Court of King's-Bench in Easter-Term, in the Third Year of King James II. upon an Information of an Assault upon Mr. Culpeper, wherein his Lordfeip's Plea of Priviledge of Parliament was over ruled, and he was Fin'd 30000 l. and thereupon committed to the King's-Bench in Execution, was a great Violation of the Priviledges of the Peers of England; And likewise, that those Judges, who sat in the said Court, when the said Judgments were given, and the Said Commitment made, should be required to attend at the Bar of this House, 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. Justice Powell, should attend their House 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 say for themselves in this Business ? Mr. Justice Powel said, That it was his great Misfortune that he was mifguided by some Books, which be look'd on as Authorities, and which he found, by their Lordships Judgments were pot so, and be humbly beggd their Lordships and the Earl of Devonshire's Pardon, That as to the Fine, he




thought it exorbitant, and look'd upon 3000 1. Fine A. Co
enough; and that his Silence in that Business was his. 1689.
greatest Fault, for which he also begg'd Pardon. Sir Ro-
bert Vright alledg’d, That as to the Breach of Privi-
ledges they were misguided by Precedents; as to the
Fine, (which is usually set according to the Quality and
Estate of the Person Find) it came from the Puny Judge
30000l. and so to him last, according to the course of
the Court; and if he was mistaken he begg’d Pardon,
for be never had the least Difrespect to the Earl of De-
vonshire. Then Sir Richard Holloway faid, That be,
as Second Fudge, pronounc'd the Fine, 30000 l. which
Das set Nemine Contradicente; that if a leller Fine
had been propos'd he should have accepted it; and beg-
ged my Lord Devonshire's Pardon, and submitted all
to their Lordships. After that, the Lords asking them,
whether they had no Discourse together before,
concerning the said Fine, Sir Robert Vright affirm-
ed, it was never mention'd but in Court; and Sir
Richard Holloway allo declar'd, He had no Directi-
on in it, either from King James or Chancellor Fef-
freys ; whereupon Mr. Justice Powell replied, Sir Ri-
chard Holloway might remember there was a Discourse

of the Fine five or fix Days before at the Lord Chancel-
lor's, where Sir Robert Wright, Sir Richard Hollo.
way, Sir Richard Allibone and himself were. This
Sir Richard Holloway pretended he did not remem-
ber; and Sir Robert VVright denied, that they were
there purposely about the said Fine. These two
being withdrawn, Mr Justice Powel, was ask’d, whats;
Discourse they had at the Lord Chancellor's ? To
which he answer’d, That the Chancellor first 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 bis dislike to the other Judges,
tho' not before the Lord Chancellor. After this Exa-
mination, Notice having been given to the King's
Council, to the end if they had any thing to offer,
Wnether a Peer of this Realm might by Lam be com-
mitted in Execution for a Fine ? The laid Council
did accordingly give their Attendance, but offer'd
nothing therein ; wherefore, upon full Considerati-
on of the several Cafes and Precedenis, wherein the

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