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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
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.
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
of the Fine five or fix Days before at the Lord Chancel-