■* 7 Jo^tyjvcc^~o /*. / c/fT ^J&rdciM/wj mdtr. COLLECTION OF PURITAN AND ENGLISH THEOLOGICAL LITERATURE ? LIBRARY OF THE THEOLOGICAL SEMINARY v -..', ., PRINCETON, NEW JERSEY , g< .-.-' , \ V/^y//^/ t hfl / tfa ■ * JZAt. A COMPLEAT HISTORY Of the Whole PROCEEDINGS O F T H E PARLIAMENT. O F @tm Britain AGAINST Dr. Henry Sacheverell: WITH HIS TRYAL BEFORE THE Houfe of PEERS, FOR High Crimes and Mifdemeanorsj the Reafons of thofe Lords that enter'd their Protefts 5 and the Speeches of feveral Lords before Judgment was Given. LONDON) J Printed and Sold by J. Baker, at the Black Boy in Pater-No/ier-Row 1 7 1 o. Digitized by the Internet Archive in 2013 http://archive.org/details/compjyp00sach (3) A COMP LE A T HISTORY Of the Whole PROCEEDINGS O F T H E Houfe of Commons AGAINST Dr. Henry Sacheverell. THE moil remarkable Tranfaclion in the Iaft Seflion of the Britifh Parliament, was the Bufinefs relating to Dodor Henry Sacheverell; whofe Sermon preach'd at St. Pauls on the 5th of November 1709, before the Lord-Mayor, and Court of Aldermen of the City of London ; as al(o another Sermon preach'd by the faid Do&or, at the AiTizes held at Derby, on the 15th of Juguft, in the fame Year, having given no fmall Offence to Abundance of People, a Complaint was, on the 13th of December, made in the Houfe of Commons of two printed Books \ the one entituled, The Communication of Sin • A Sermon, preach'd at the Affz.es held at Derby, Auguft 15, 1709- Bv DoBor Henry Sacheverell; And the other entituled, The Perils of Falfe Brethren both in Church avd State 5 Set forth in a Sermon -preach'd before the Right Honourable the Lord-Mayor, Aldermen, and Citizens of London, at the Cathedral Church of St. Paul's, en the $tfi of November, 1709; preacn'd alfo by the faid Dr. Henry Sache- verell; and both printed for Henry Clements: Which Books vcre delivery in at the Table ; where feveral Paragraphs iu A 2 &$ (4) the Epiftle * Dedicatory preceding the firft-mention'd Book; and alfo feveral Paragraphs in the latter Bouk, were read : After which it was ftejbived, That a Book, entituled, The Communication of Sin ; heing a Sermon preached at the JJjizes held at Derby, Auguft i$, 1709 : And a Bo k, entituled, The Perils of Falfe Brethren both in Church and State \ Set forth in a Sermon preached befote the Right Honourable the Lord- Mayor , Aldermen and Citizens of London, at the Cathedral Church of St. Paul, on the %th of November, 1709; are Malicious, Scandalous, and Seditious Libeh *, highly Rtfld&ing upon Her Majeily and Government, the late happy Revolution, and the ProieOant Succeflion as by Law eftablifh'd, and both Houfes of Parliament ; tending to alienate the AfMions of He? Majefty'a good Subje&s, and to create Jealoufies and Divifions among them. And * To the Right Worm ipful George Sacheverell, Efq; High-Sh-rifT of the County of Derby, and to the Honourable Gentlemen of the Grand-fury, Gent!emenA The Peculiar Honour jou were pleas'd t9 confer naL me Church, arid Conflitutim, are fo fhamefu;lv Betray* d. and I{»n down, \t can be no little C mfort to all thofe who wifh their Welfare andSecw- rity, to fee, that notwithftrmding the fecret Malice and Open Violence they are Perfecmed with, there are ft 11 to be found fetch worthy "Pa- trons of both, who dare own and defend them as well agamft the ride and prefumptwus Infults of the One Side, as the bafe, undermining Treachery of the Other, and who fcorn 10 fit filently by, and Vartake in the Sins of thefe ^4ffociated Mat tenants. Tho' the Truth feems to be fo much Forfaken ar prefenr, ye I God be thank d, they mail y( t find to our Honour, that We have (til! amoneft Us thofe who have Courage to J "peak it, as well as thofc who h ve Lives and Fortunes ro maintain it: And tho* the Ageis/a»£ into the Lowefi Dregs of Corruption, that it cannot endure found Doclrine, there ar; not wanting fome to f>rc*ch /f,and others to fupport it, at the Expence of Both. May the Influence of your good Examples, wVchasmuch Animates our Friends% as it Terrifies oiu Enemies be as dlfTi lively Prevailing, as 'tis nobly Conspicuous 5 and the Bluffing of that Church attend you, wh ch you fo eminently Jldorn, and $uftain\ And, as I amoblig'd by the Rela- tion 1 have the Honour to bear fo y°ur Family, rmy a double Portion of Divine Favour reft on you (Mr. High-Sherif) whofe Commands I was ready to Execute in this Office, fince you thought neither the ad- vancement of your Tears,{r> gen roufly expanded for the Good of your Country, nor the great T ouhle attending this P fi, fufficient to ex- empt vou, from fnewing that fteady Loyalty ard Zeal to ferve Her M^j fly and the Government, foi which you have btcaufe rematkably difinguifh'd. \ am, with all Regard, Gentlemen, Your very Humble Servant, Henry Sachererell. Otdsredy (5) Ordered, That Dr. Henry Sacheverell, and Henry Clements, do attend at the Bar of the Houfe to-morrow. John Dclbcn, Efqj made the fir ft Motion againft tke Two Sermons, and was feconded by Spencer Cowper, Efq; But they were oppos'd by feveral Gentlemen, who laid, they did not perceive there was any Thing in the Sermons, Malicious, Scandalous, or Seditious ; nor Rt fleeting on Her Majefty and Government, the late happy Revolution, and the Proteftant Succeflion. What concern'd both Houfes of Parliament was fuppos'd to be the Vote patted four and five Years before^ about the Church being in Danger : And as to that, it was affirm'd tht Church was then in Danger, was ft ill in Danger, and it was to be fear'd would always be in Danger ; not from Her Majefly's Adminiftiation, but from Papifts on the one Hand, and Fanaticks on the other • from thefe Her profefs'd Enemies, and from Falfe Brethren. It was owncd, there were fome warm Exprtflions in the Sermon preach'd at St. Pauls: And ta) Wonder that a true Son of the Church o; England fhould cxprtfs himfelf with fome Warmth and Vehemence, againft: the Liberties that were taken, and with Impunity, to revile the Church, her Doctiinesard Ministers, to blafpheme the Name of God, and to infuit, and treat with Contempt, every Thing that is facred. On the 14/ZJ of December, the Houfe being informed, that Dr. Henry Sacheverell and Henry Clements attended, according to Order j Dr. Sacheverell was called in, and, at the Bar, was examin'd touching the two Sermons complain'd of to the Houfe.- Where he own'd the Preaching, the Directing of the Printing, and Pbblifhing the Sermon preach'd the ph of Novcmber^joy, at the Cathedral Church of St. Paul, and the Dedication or it ; And alfo, that the Epftle Dedicatory to the Sermon preach'd at the AfTizes at Derby, the 15//6 of Jugvft, 1709, was agree- able to that which he put to the Impreflion of that Sermon, which he directed to be printed and publifbed. And being withdrawn, and a Queftion being propofed, That the faid Dr. Henry Sacheverell be Impeach'd of High Crimes and Mifde- meanors, he was call'd in again, and afk'd, If be had any Thing to offer to the Houfe? When he fpoke to this Effect : Mr. Speaker, / am very for ry.t 1 am fallen under the Difpleafure of this Houfe $ I did not imagine, any Expreffovs in viy Sermons were liable to fitch a Cenfure as you have pafs'd uton them. If you had been pleased to have favnur%d me fo far, as to have hear' d me before you pafi'd it, I hope I Jbould have explained wy felf f°, tis t° have prevented it. And after being heard he was directed to withdraw. Then the Queftion was infift- ed on, for Impeaching the Doctor of High Crimes and Mif- demeanors. And feveral Gentlemen fpoke againft it, deflring A 5 hs (5) he might rather be profecuted by he Attorney-General; and if the Sermons were feditious, if they did reflect on Her Ma^ jefty and Government, the happy Revolution, and the Pro- teftaw Succeffion as by Law Eftabliih'd, the Do&or would be convicfed, and punifhed for them according to his Demerits. However, the Quellion being put, it was Refolved^ That the faid Dr. Henry Sacheverell be Impeached of High Crimes and Mifdemeanors. And Ordered, That Mr. Dolhen do go to the Lords, and, at their Bar, in the Name of all the Commons of Great-Britain, Impeach the faid Dr. Henry Sacheverell of High Crimes and Mifdemeanors, and acquaint the Lords, That the Houfe will, in due time, ex- hibit Articles againft the faid Henry Sacheverell, Ordered, That a Committee be appointed to draw up Articles of Im- peachment againft the faid Dr. Henry Sacheverell. And a Committee was appointed accordingly, wirh Power to fend for Perfons, Papers, and Records, and to fit de die in diem. Then Henry Clements was calPd in, and, at the Bar, was examin'd touching his Printing and Publifhing the laid Two Books: Which he own'd, and that he had the Copies of them from Dr. Sacheverell, After which, he was directed to with- draw. Ordered, That the faid Dr. Henry Sacheverell be taken into the Cufto- dy of the Serjeant at Arms attending the Houfe. Sir Sammuel Gerrard, Bar. Lord-Mayor of the City of Lon- don, was in the Houfe, in his Place; And the Speaker obfer- ving to the Doclor,that the Houfe took Notice,he had sffirm'd, in the Epiflle Dedicatory to my Lord-Mayor of London, before the Seniion preach'd at St. Pauls, that he had publilVd it by his Lordihips Command, he was afkd, Whether my Lord- Mayor did command him to publiih his Sermon ? To which he anfwer'd," That, in the Uriel; Senfe of the Word Command, " he did not; but in the common Acceptation of the Word, €i as the Defires of Superiors to their Interiors are faid to be €< Commands, he did command him, for he did defire and prefs " him to print it. Then he gave a particular Account of the Gonverfafion he had, at feveral times, with my Lord-Mayor, about it. Which was attended with fuch Circum fiances, that tho' his Lordlhip thought fit peremptorily to deny, yet every one that heard what the Docier faid, feem'd to give him Credit. After this, the Two following Refolutions pafs'd. Refolved, That the Reverend Mr, Benjamin Hoadly, Reclcr of St. Fetters (7) Peters Poor, London, for having often ftrenuoufly juftify'd the Principles on which Her Majefty and the Nation proceeded in the late happy Revolution, hath juftly merited the Favour and Recommendation of this Houfe. Refo!ved% That an humble Addrefs he prefented to Her Majefty, That She will be gracioufty pleafed to beftow feme Dignity in the Church on the faid Mr. Hoadly, for his eminent Services loth to Church and State. Thefe were proposed by Mr. An. Henley, and feconded by Sir Jof. Jekyll. However, there were feveral Negatives to thefe Refv lutions. And 'tis obfervable, That when this Ad- drefs was prefented to the Queen by Mr. Secretary Boyle, Hex Majefty was pleas'd to anfwer, That She would take a proper Opportunity to comply with their Dejire. On the i%th. of December the Commons Ordered, That Mr. Doll-en (when he goes to the Lords, to Impeach Dr. Henry Sacheverell of High Crimes and Mifdemeanors) do acquaint the Lords, That the faid Henry Sacheverell is in Cuftody of the Serjeant at Arms attending the Houfe, ready to be deli- ver'd to the Gentleman-Ufher of rhe Black-Rod, when the Lords fhall pleafe to give Order therein. Mr. Dolbeu reported to the Houfe, That he had, purfuanr to their Order, been at the Lords; and, at their Bar, had ImpeachM Dr. Henry Sacheverell of High Crimes and Mifde- meanors; and had alfo acquainted the Lords with their other Order. On the 17?/;. A Petition of Henry Sacheverell^ D. D. in Cuftody of the Serjeant at Arms attending the Houfe, was prefented to the Houfe, and read ; praying, that the Houfe will be pleafed to order him to be admitted to Bail, that he may have an Opportunity of making his Defence, being in- form \i that he is impeach'd at the Bar of the Houfe of Lords for High Crimes and Mifdemeanors. Ordered, That a Committee be appointed to fearch Precedent con- cerning the taking Bail in Cafes of Perfons committed for High Crimes and Mifdemeanor • and that they do make their Report thereof to the Houfe upon Monday Morning next. Ordered, That it be referr'd to the Committee who are to draw up the Articles of Impeachment againll Dr. Henry Sacheverell, to fearch Precedents and make Report thereof to the Houfe. There was forrie Debate before the Houfe order'd a Com- mute. On the 19. Mr. Dolden acquainted tl€Houfe,That the Com- mittee who were upon Saturday laft appointed to fearch Prece- A 4 ' $en:s (8) dents concerning the taking Bail in Cafes of Perfons commit- ted for High Crimes and Mifdemeanors, and to report the fame to the Houfe this Day, had mt e all the Progrefs they could in fo fhort a Time ; but thj hey found, it requir'd more Time, and had directed him to move, That they may have farther Time to make their Report Ordered, That the faid Committee do fearch the Lords Journals, in relation to the Proceedings upon Impeachments by the Com- mons, and make their Report thereof to the Houfe with all convenient Speed, Ordered, That all Committees be adjourn'd, except the Committee who are appointed to draw up the Articles pf Impeachment againft Dr. Henry Sachevereil-^ and who are to fearch the Lords Journals in relation to the Proceedings upon Impeach- ments by the Commons. On the zzd. Mr. Dolben reported from the Committee ap^ pointed to feaTch precedents concerning the taking Bail in Cafes of Perfons committed for High Crimes and Mifde- meanors, and to fearch the Lords Journals in relation to the Proceedings upon Impeachments by the Commons, and to make their Report to the Houfe, That they had fearched Pre- cedents, and the Lords Journals, accordingly ; and had directed him to report what Precedents they had found ; which he read in his Place, and afterwards deliver'd in at the Table, where the fame were read. And a Motion being made, and the QuefHon being put, That Dr. Henry Sacheverell be admitted to Bail, according to the Prayer of his Petition, it pafTed in the Negative. Teas 79. No's 114. In the Debates on this Matter, there was a great Variety of Opinions: Some thought, the Commons might bail a Perfon committed by them, but not in this Cafe: Others, that it was difcretionary in them, whether they would bail, or not ; and that this Perfon deferved it not from them 5 and one, that the Commons could never bail in any Cafe. Others infilled, in favour of Liberty, that if they could bail, they ought to bail 5 and that they could bail, argu'd from the Equity and Reafona- blenefs of the Thing, that thole who coud commit, mi^ht bail : They ftewed Precedents in the Cafe of Mr. Seymour and The Smugglers, inpeach'd for High Crimes and Mifdemeanor;>; in one of which, the Perfons impeach'd and committed by the Houfe of Commons, was admitted to Bail; in the other, the Commons, upon their Petition, confented to bail them ; and they had beenbailed,but their Surieties made Objections to the Condition (9) Condition of their Bonds, and w>ould not fubmit to it. Befides, it was urged, that this Cafe was in itfelf bailable, and fo agreed by all Gentlemen ; and that the Dr's Hardfhip might be the greater, becaufe it w.r probable, if the Commons did not bail him, he muft lie in Cuftody, when bailable by Law, till after the Recefs of Parliament : For the Articles not being exhibi- ted to the Lords againft him, it was thought, the Lords would not take him out of the Cuftody of the Commons, and com- mit him upon a General Charge ; and till they committed him, they could not bail him. This was his Cafe ; for upon Ap- plication to the Lords, they refufed to commit him, till the Commons had exhibited their Articles: The Lords laid, The Commons might never exhibit any ; and they would not do fo unreafonable a Thing, as to commit any one, on a General Charge. And fo he lay a Prifoner by the Commitment of the Houfe of Commons, in a Cafe bailable by Law, and for which there were Precedents for the Commons admitting to Bail, from Dec. 14. to Jan. 12. It is obfervable, That fome urged, againft the Bailing the Doctor, one Part of the Meffage deli- ver'd by Mr. Dolben to the Lords, when he impeach'd him at their Bar, • That the Doctor was in Cuftody of the Serjeant * at Arms attending the Houfe, ready to be deliver'd to the c Gentleman-Ulher of the Black-Rod, when the Lords mould ' pleafe to give Order therein: But others, that agreed with them againft admitting him to Bail, approved of Expedients to get off that, and did not think it iealonable to preclude him from it by their own MelTage. There was one Thing in this Debate gave fome Diverfion to the Houfe. An Honourable Member, declaring himfelf againft bailing Dr. Sacheverell, faid, He would put them in Mind of the Cafe of Mr. Tbompfon. He was a Parfon too; he was impeach'd by the Commons for High Crimes and Mifdemeanors ; he was bailed by them ; he afterwards ran beyond Sea, turn'd Prieft, and fo evaded their Juftice; and, he believed, this Fellow would do fo too. To this, another Gentleman anfwer'd, He believ'd the Noble Lord was as much miftaken in his Concluflon, as he was in his PremilTes. He did not believe the Doctor would run away, if he was bailed. And as to the Precedent of Mr. Tbompfon, the Noble Lord was miftaken in every Part of it, except that he was a Parfon ; for he was not bailed by the Commons, he did net run beyond Sea, and turn'd Prieft, and fo evaded their Juftice. The Par- liament that impeach'd him was foon after dilTolved; he was made Dean of Br iftol, and lived and died fo. On the 9th of January i7fy. Mr. Dolben reported from the Committee appointed to draw up Articles of Impeachment againft Dr. Henry Sacheverell^ That they had drawn up Arti- cles accordingly, which they had directed him to report to the Houfe; (10) Houfe: And he read them in his Place, and afterwards deli- ver^ them in at the Table, where they were read. It was then propos'd, that it being impoilible the Members could make their Obfervations on the Articles in fuch Read- ings, and the Honour of the Houfe being concerned to have them fuch as might be juftified, a little Time fhould be allow- ed, before they were read the fecond time, to confider them; and to convince others, they intended not delay by it, they only alk'd till Wednesday. This was order'd ; but then it was moved, that no Copies might be taken of the Articles, becaufe it was not proper they fhould be made Publick in the Coffee- Houfe s, nor fhe wed to the Doctor, before they were agreed to, and carried up to the Lords. On the other Hand, it was urged, This was precluding Members of their Right by unrea- fonable Suppofitions ; that they had a Right to take Copies of any Papers before the Houfe, for their Information ; and it was not to be imagin'd, they would publjfh the Articles in Coffee-Houfes,or fhew them to the Doctor. And, what if they did (hew them to him ? Were they to be kept a Secret from him ! Would he not have a Copy of the Articles order'd hina by the Lords, as foon as they were carried to them? And, what Advantage would it be to him, or Difadvantage to the Commons, to fee them fooner ? But, if Copies were not to be taken of the Articles, it was no Favour, no Benefit to put off the Confederation of them ; it had an Appearance of doing what was fair and reafonable, but would, m Truth, be doing nothing; for without taking Copies of th^m, they could not be confider'd. And it having been faid, by one Gentleman, That this wzs an extraordinary Thing, and what had never been done before; another reply'd He thought it Extraordi- nary, but could not agree, it had never been done before; he remember'd the like, when Sir J. Fenwick's Confeffions had been read in the Houfe of Commons ; they were order'd to be fealed up by the Speaker, that no Copies might be taken of them. He did not approve that Precedent fo well as to fol- low it; he wifhed Copies had been taken of thofe Fapejs.and that they had been printed ; he believ'd, the Kingdom would have been the better for them, at this Day. After thefe Debates, this Motion was waved. On the I'th of January , The Order of the Day being read, for the Reading a fecond time the Report from the Committee to whom it was referr'd to draw up Articles of Impeachment againft Dr. Henry Sacbeverell; Ordered, That the Report be read Paragraph by Paragraph. Then the firil Paragraph (being the Preamble to the Arti- cles) being read, and a Motion being made, and the QuelTion being put, That the Report be recommitted, it paffeu in the Negative. Teas 131, No's 231, Ordered, Ordered, That Candles be brought in 5 and Candles were brought in. accordingly. Rejolved, That the Houfe doth agree to the faid firil Paragraph. Then the Articles being feverally read one by one, were (upon the Quefdon feverally put thereupon) agreed unto by the Houfe, to be the Articles to be exhibited againft the faid Dr. Henry Sacheverell. Then the laft Paragraph being read, the fame was alfo agreed unto by the Houfe. Ordered, That the Articles be EngrofTed. There were great Debates in relation to the Recommitting the Articles of Impeachment. In which fame Millakes were fhewn in the Preamble to the Articles, and wrong Inferences drawn from them. And the Articles weie faid to be fo un- certain, it was impoffible any one could plead to them ; and it was preffed, that thofe who drew them up, would let the Houfe know, on what Paragraphs in the Sermons they were grounded. To this was anfwer'd, That was too Early, when they only had the Preamble under Condfideration ; when the Articles were read, they would produce the paffages in the Sermons. On the iz of January, The EngroiTed Articles of Impeach- ment againft Dr. henry Sacheverell, were read. Ordered, That the faid Articles be carried to the Lords, by Mr. Dolhen; At this time, there was no Debate nor Divifion upon the Articles, only aloud Negative of fome Members to theQueftion of carrying them up to the Lords. The fame Day Mr.Dolben carried thefe Articles to the Lords, who read them the firft time 5 being as follows, JANUARY 10. 1709. Articles exhibited by the Knights, Citizens, aril Bur- geiTes in Varliament ajfembled^ in the Name of them- f elves, and of all the Commons of Great Britain , againft Henry Sacheverell, D. D. in Maintenance of their Impeachment againft him , for high Crimes and Mifdemeanors. WHereas his late Ma jelly King William the Third, then Prince of Orange, did, with an arm'd Force, under- take a Glorious Enterprize, for delivering this Kingdom from Popery, and arbitrary Power, and divers Subjects of this Realm, <:«* Kealm, well affected to their Country, joiVd with, and affifted bis late Majefty in the faid Enterprize : And it having pleas'd Almighty God to Crown the fame with Succefs, the late hap- py Revolution did take EfFeft, and waseftablifh'd: And where- as the faid Glorious Enterprize is approv'd by feveral Ads of Parliament, and amongft others by an Aft made in the firft Year of the Reign of King William and Queen Mary, entitl'd, An Aft declaring the Rights and Liberties of the SubjeB, and fettling the Succeffion of the Crown; and alfo by another Aft made in the fame Year, intitl'd, An Aft for p eventing vexa- tious Suits, aga'mfl fitch as ailed, in Order to the hinging in their Ma;eflies, or for their Service ; and alfo by another Aft in the fame Year, entitl'd, An Aft for appropriating certain Duties for paying the States-General of the united Provinces their Charges for his Majefty's Expedition into this Kingdom, and for other Vfes: And the Aftings of the faid well-ajfefted Subje&s, in Aid and Purfuance of the faid Enterprize, are alfo declar'd to have been Neceffary, and that the fame ought to be Juftified. And whereas the happy and blefled Confequences of the faid Revolution, are the Enjoyment of the Right of God's true Religion eftablinYd among us, and of the Laws and Li- berties of the Kingdom,the uniting her Majefty Js Proteftant Sub- jects in Intereft and Affeftion, by a Legal Indulgence, or Toler- ation, granted to DiiTenters ; the Prelervation of herMajefty's Sacred Perfon ; the many and continual Benefits arifing from her Majefiy's wife and glorious Adminiflration, and the Prc- fpeft of Happinefs for future Ages, by the Settlement of the SuccefTion or the Crown in the Proteftant Line, and the Union of the two Kingdoms. And whereas the Lords Spiritual and Temporal, and Commons in Parliament affembled, did, by their Addrefs of the 17th of December, 1705, lay before her Majefty the following Vote^or Refolution,i>/;2. That the Church of England, as by Law ejlablijlfd, which was refcu'd from the extreamejl Danger by King William the Third, of glorious Memory, is now, by God's Blejjing, under the happy Reign of her Majejly, in a mrfl fafe and fiourijhing Condition ; and that whoever goes about to fuggejl and infinuate, that the Church is in Danger under her Myejly^s Adminiflration, is an Enemy to the J^tieen, the Church, and the Kingdom. And bv their faid Addrefs, did humbly befeech her Majeity to take effeftual Meafures for making the faid Vote or Resolution publick; and alfo for the punilhing Authors and Spreaders of fuch feditious and lcandalous Reports. And on the 10th Day of the fame December, her Majeity was pleas'd to ifTue her Royal Procla- mation accordingly : Yet neverthelefs the faid Hemy Sache- vereU preach'd a Sormon at the Afiizes held at Darby, Augnft the 15th, in the Yea; of our Lord 1709, and afterwards pub- JiuYd the fame in Print, with a Dedication thereof. And the (I?) faid Henry Faeheverell alfo preach'd a Sermon at the Cathedral Church of St. Paul, before the Lord Mayor, Aldermen, and Citizens of London, on the 5th of November laft, being the Annivrerfary from the Gun-powder-Treafon, and for beginning the late happy Revolution by giving his late Majefty a fafe Arrival here, and for compleating the fame, by making all Oppjfition fall before him, 'till he became our King and Go- vernor, which faid Sermon, he the faid Henry Sacheverell after- wards likewife publiuYd in Print, with a Dedication thereof to Sir Samuel Gerraid, Baronet, Lord Mayor of the City of London : And with a wicked, malicious, and feditious Inten- tion to undermine and fubvert her Majefty's Government, and the Proteftant Succcilion, as by Law eftablifh'd; to defame her Majefty 's Adminiftration; to afperfe the Memory of his late Majefty; to traduce and condemn the late happy Revo- lution; to contradicl and arrain the Refolution of both Houfes of Parliament ; to create Jealoufies and Divifions amongft her Majefty's Subjects, and to incite them to Sedition and Rebellion. ARTICLE I. He, the faid Henry Sacheverell, in his faid Sermon preach'd at St. Paul's doth fuggeft and maintain, That the neceffarj Means us*d to bring about the faid happy Revolution, were odious and un'juftijiable ; that his late Majefty in his Declara- tion, difclaim'd the haft Imputation of Refiftance ; and that to impute Refiftance to the faid Revolution, is to caft black odious Colours upon his late Majefty, and the faid Revolution* ART. II. He, the faid Henry Sacheverell, in his Sermon preaehM at St. Paul's doth fuggeft and maintain, That the afore faid Tole- ration, granted by the Law, is unreafonahle, and the Allowance of it unwarrantable ; and afferts, That he is a Falfe Brother with Relation to God^s Religion, or the Church, who defends Toleration and Liberty of Confcience ; That §ueen Elizabeth was deluded by Jrch-bifhop Grindall, whom he fcurriloufly calls a falfe Son of the Church, and a perfidious Pi elate to the To- leration of the Genevian Difcipliue; and that it is the Duty of fuperior Pafiors to thunder out their Eccltfiaftical Anathema'* againft Perfons entitled to the Benefit of the faidToleraticn% and ivfcdently dares, or defies any Power on Earth to reverfe fuch Sentences \ ART. III. He, the faid Henry Sacheverell, in his Sermon preach 'd at St Paul's doth falfely and fedicioully fuggeft and affert, That the Church (14) Church of England is in a Condition of great Peril and Adver- fity under her Majefty's Adminiftration \ and in order to arraign and blacken the J aid Vote, or Refohition of both Houfes of Pat ■- Ji anient, approved by her Majefiy af ore/aid $ be, in Oppofition thereto, doth fvggeft the Church to be in Danger ; and a* a Varallel, mentions a Vote-, That the Per/on of King Charles was Voted to be out of Danger at the fame time that his Murderers were confpiring his Death; hereby wickedly and malicioujly infinuating, That the Members of both Houfes, who paft'd the f aid Vote, were then confpiring the Ruin of the Church. ART. IV. He, the faid Henry Sacheverell, in his Sermons and Books, doth falfely and malicioully fuggeft, That her Majefty's, Admi- niftration, both in Ecclefiaftical and Civil Affairs, tends to the Deftrutlion of the Conjlitution, and that there are Men of Chara&ers and Stations in Church and State, who are Falfe Brethren ; and d» themfelves, weaken, undermine, and betray ; and do encourage, and put it into the Power of others, who are jprofefs'd Enemies, to over-turn and deftroy the Conjlitution and Eftablijbment, and chargeth Her Majefiy, and thofe in Au- thority under Her, both in Church and State, with a general Male- Adminiftration ; and, as a publick Incendiary, he per- fwades Her Majefty's SubjeSs to keep up a Diftinclion of Fa- ctions and Parties ; inftills groundless Jealoufies, foments de- ftruftive Divijions among them, and excites andftirs them up to Arms and Violence ; and that his faid malicious and feditious Sugg eft ions may make the ftronger ImpreJJions upon the Minds of Her Majefty's SubjeBs : Hey the faid Henry Sacheverell, doth wickedly wreft and pervert divers Texts and Paffages of holy Scripture, All which Crimes and Mifdemeanors the Commons are rea- dy to prove, nor only by the general fcope of the faid Sermons or Books, but likewife by feveral Claufes and Sentences, and Exprefiions in the faid Sermons or Books contain'd ; and that the faid Henry Sacheverell, by preaching the Sermons, and publifhing the Books aforefaid, did abufe his holy Function, and hath mod grievoufly offended againft the Peace of her Majefty, her Crown and Dignity, the Rights and Liberties of the Subject, the Laws and Statutes of this Kingdom, and the Profperity and good Government of the fame. And the faid Commons, by Protection, faving themfelves the Liberty of ex- hibiting at any time hereafter, any other Articles or Impeach- ment againil the faid Henry Sacheverell, and alfo of replying to his Anfwer, or any of them ; and of offering Proofs of alJ the Premifes, or any of them, and of any other Article or Impeach- ment, OS) ment, that fhall be exhibited by them, as the Cafe, according to Courfe of Parliament fhall require, do pray, that the faid Henry Sacheverell may be put to anfwer to all and every the Premiies : And that fuch Proceedings, Examination, Tryal, Judgment, and exemplary Punifhment may be thereupon had and executed, as is agreeable to Law and Juftice. On the mh the Serjeant at Arms acquainted the Houfe, that, in purfuance of their Order of the 15th of December laft, he did, yefterday, deliver Dr. Henry Sacheverell to the Deputy of the Gentleman-Ufher of the Black-Rod ; and had taken a Difcharge for him. Dr. Sacheverell having petition'd the Lords to be Bailed, their Lordfhips order'd a Committee to enquire into the Vali- dity of his Bail, allow'd him Council, and a Copy of the Articles. The next Day, January 14^, Dr. Sacheverell was ordered to give in his Anfwer to the Articles next Wednesday. The Lords accepted of Dr. Lancajler, Vice-Chancellor of Oxon, and Dr. Bowes, for his Bail. And accordingly, he was Bailed, himfelf in a Recognizance of 6000 /. and his Sureties each in three Thoufand Pounds. Serjeant Prat, Sir Simon Harcourt, Mr. Raymond, and Mr, Thipps, were allowed, by the Lords, to be Council for Dr.' Sacheverell : And Mr. Hug$ins to be his Solicitor. On the 16th of January Dr. Sacheverell, upon his Petition, had farther Time given him, to put in his Anfwer. On the 25th of the fame Month, he attended the Houfe of Lords, and deliver'd in his Anfwer to the Articles of Im- peachment againft him, which was read> as follows. Br, Henry Sacheverell'* Anjwer to the Articles exhi- bited agaivjl him by the Commons^ in Maintenance of their Impeachment for High Crimes and Mi/demeanors. TH E faid Hen. Sacheverell, faving to himfelf all the Advan- tages of Exception to the faid Articles for the Generality, LTncertainty,and Inefficiency thereof, and of not being pre- judice by any Words, or Want of Form in this his Anfwer, admits, That he preach'd a Sermon at the Aflizes held for the County of Derby, on the 1 5th Day of Jugvfi, 1709, at the Requeft of George Sacheverell, Efq; High-Sheriff of the faid County^ and another at the Cathedral of St. Paul, at the De- fire of the Lord-Mayor of London, Sir Samuel Gerrard, and be- fore the faid Lord-Mayor, Aider men, and Citizens on the 5th of November lad ; and that he caus'd the faid Sermons to be printed ; But denies that he preach'd, or caus'd thofe Sermons to (16) to be printed or publim'd, with any fuch wicked, malicious, of feditious Intent, as in the Preamble to the faid Articles is af- firm'd. The Sermon preach'd at Derby having been by him printed at the Requeft of the Gentlemen of the Grand- Juiy of that County, and Dedicated it to them as an Acknowledgment for the Honour he receiv'd by their ijublick Approbation of it. And the faid Lord-Mayor approv'd of the Sermon preach'd at St.Pauls9was at his Requeft printed with a Dedication to him. And for Anfwer to the faid Articles Henry Sacheverell hum- bly faid. Anfwer to the firfl Article. To the firft Part of the firft Article, the faid Henry Sache- verell, denies that in his Sermon preach'd at St. Pauls, He does fuggeft and maintain, that the neceffary Means usJd to bring about the Revolution, were odious, andunjuftifiable. Nor does he in any part of that Sermon, affirm any Thing concerning the Means to bring about the Revolution. He is fo far from reflecting on his late Majefty, or the Revolution, that he there endeavours to clear both from the Afperfions of their Enemies. As to that Part of the faid Article, whereby the faid Henry Sacheverell is charg'd, with Suggefting and Maintaining that lis late Majefty in his Declaration, disclaim d the leaft Impu- tation of Refiftance j he does acknowledge himfelf to have made fuch Suggeftion, and declares he did it in Vindication of his Majefty. The Refiftance he reprefents the Jate King to have difclaim'd, being fuch as tended to the Conqueft of this Realm, as appears by his faid Majefty's Declaration referr'd to, and verbatim fet forth at the Bottom of the Page, where his Majefty 's difclaiming that Imputation is mention'd. Whether the faid Henry Sacheverell was miftaken or not, in exprt fling hiafifejf as if the late King difclaim'd any Impu- tation of Refiftance, when he, the faid Henry Sacheverell, meant thereby a Defign of Conqueft, he humbly conceives fuch a Suggeftion, by him defign'd for the Honour of the late King, cannot reafunably be conftrued as a Rebellion on his faid Ma- jefty, or any Crime, or Mifdemeanor. Farther, to juftify what the faid Henry Sacheverell faid, as to his late Majefty's having difclaim'd Refiftance, he humbly obferves that the following Pafiages are in his late Majefty's Declaration ; We have thought jit to go over to England, and to carry over with us a Force fujjicient, by the BleJJing of God, to defend our fe Ives from the Violence of evil Connfellors.- We think fit to declare, that this our Expedition is intended for no other Defign, but to have a Free and Lawful Parliament ajfembled. As to the Jaft Charge in the faid Article, the faid Henry Sacheverell (17) Sacheverell denies, that he doth in his faid Sermon fuggefl and Maintain, that to impute Refiftance to the faid Revolution, is to caft black and odious Colours upon his late Majefly, and the faid Revolution ; the Perfons whom he defciibe.% as reflecting on his late Majefty, and the Revolution, are not thole who impute Refiftance to the late Revolution, of whom he affinis Nothing, But thofe new Treacher s and new Politicians., who teach, in Contradiction to the Gofpel, and the Laws, that >he People have the Power vejled in them, the Fountain and Origi- nal of it y to cancel their Allegiance at their Pie a fur e, and to call their Sovereign to Account for High-Treafon againfl his Subjects, nay, and to dethrone and murder him for a Criminal, as they did the Royal Martyr by a judiciary Sentence; who are Maint ainers of Ant i monarchic al Schemes, and of fuch damnable Pofitions as are, by the Laws of Church and State, condemned for Rebellion and High-Treafon j and who urge the Revolution in Defence of fuch Principles: Unlefsthen thofe who impute Refiftance to the Revolution, be the fame with thofe new Preachers and new Politicians above fpecify'd, the faid Hemy Sacheverell affirms Xothing concerning them. The faid Henry Sacheverell does not find that he has given any Pretence to the firft Article exhibited a^ainft him, in his Sermon preach'd at St. Pauls, but his bare averting the Ille- gality of refilling theSupream Power upon any Pretence what- foever ; for which AfTertion he humbly conceives he has the Authority of the Church of England^ which, in divers PafTa- ges of her Homilies, too numerous to be here fpecify'd, but by him ready to be produc'd, teaches this Doctrine, as founded, on the Word of God, particularly in the fecond Part ot the Sermon of Obedience in the Book of Homilies, fet forth in the Time of King Edward VI, where are thefe Words? Here, good People, let us all mark diligently : It is not lawful for Inferiors and Subjects in any Cafe to refift andjland againfl the Superior Powers, for St. Paul'j Words be pLiin, that whofoever withftandethi JJjall get io themfelves Damnation \ for whofo-f^ ever withftandeth, withftandeth the Ordinance of God. The faid Book of Homilies, is affirm'd in one ot the 39 Ar-« tides to contain good and whoifome Doctrine, and is order'd to be read in Churches, by the Minifters, to the People. And in farther Maintenance of the faid Doctrine containM in the Book of Homilies and thei? Authority, the faid Henry Sa\heverell faith, That by an Act of Parliament made m the 13th Year of the Reign of Queen Elizabeth, entituied, An Act for the Miniflev s of the Church to be of found Dottrint, 'Tis enacted, That no Perfon foou Id thereafter be admitted to any Benefice with Cure, except he Jbould firft have fubfctiPd the faid Articles, in the Prefence of the Ordinary, and pvblicktj? lead the fame in the ParifoCburcb of that benefice, with De* j3 clarati>m C «8) ehration of his unfeigned Affent to the fame. And that by an Ad made in the 5th Year of Her pref nt Majefty's Reign, entituled, An A3 for fen/ring the Church o/F.ngland, as by Law eflablffid, it was enacted, That the faid A3 made in the i^th Tear of J^ Elizabeth, Jbould remain and be in full Force for ever 5 and be inferted in exprefs Terms in any A3 which Jbould be made,fnr ratifying the Union of the two Kingdoms of England and Scotland, and therein declar'd to be an EJfential and Fundamental Van thereof % And the fame was accordingly done in an Act for Union of the two Kingdoms. And the faid Henry Sacheverell does further infill that the aforefaid AfTertion is warranted by the Common-Law of England, and feveral Acts of Parliament Oi.lt in Force. He does farther aver the illegality ©f Refinance on any Pre- tence whatfoever to be the Doctrine of the Church of England^ and the general Opinion of our mod Orthodox Divines, from the Time of the Reformation to this Day -5 i' has been taught by that Univerfity, whereof he has been a Member above 20 Years, and often preachM and printed, with publick Approba- tion of each Houfe of Parliament, and maintained by the Reve- rend Fathers of our Church, Dead and Living, in Terms of greater Force than any us*d by the faid Henry Sacheverell. Another Motive to him to preach on the 5th of November, againll the Doctrine of Refinance, was becaufe then the Church commemorates our Deliverance from the Attempts of Rebellious Papifts, the Doctrine of Refilling fupreme Powers^ being originally theirs, and therefore he conceives the Rubrick of the Office appointed for that Day by the late Jf>. Mary% di- rects, that after the Creed, if there be no Sermon, one of the fix Homilies again!! Rebellion fhall be read. The faid Henry Sacheverell therefore hopes, That whilft the Church of England flourilhes under HeT Majefly, whilit Popijb Tenets are condemn'd, and the Laws of the Kingdom continue in their Vigour, a Dutiful Son of the Church fhall "not be condemned for Aliening the Doctrine of Kon-Refiftance, 'but if it fhould be declar'd erroneous, and he fufter for afferting it, he trulls God will enable him to fhew his fleady Belief of it, by a meek Reilgnation to whatever fhall befall him on that Account. Anjwer to the Second Article, To that Part of the fecond Article which charges the faid Henry Sacheverell with fuggelting and maintaining, That the Toleration granted by Law is unreafonable, and the Allowance of k unwarrantable \ he faith, That upon the ltricteft Enqui- ry he has not been able to find, that a Toleration has been granted by Law j but admits, that an A& pafs'd in the firffc Year 6 ( 19) Year of K. William and Q. ./Wary, entituled, An Act for exemp- ting their Majefly's Protejtant Sub j eel Dijfenting from the Church 0/ England from the Penalties of certain Laws. Which Exemption the faid Henry Sacheverell does not any where fuggeit to be unreasonable, or unwarrantable ; but hop'd he had prevented any fuch- Mifapprehenlion, by the following "Woids in his Sermon at St. Pauls. / would not be here mifunderjlood, as if I intended to cafi the leaft invidious Re- flection upon that Indulgence, which the Government has con- defcended to give them, which 1 am fure all thofe who wijb well to our Church are ready to grant to Conferences truly fau- pulous : Let them enjoy it in the full Limits the Law has prefcriV'd. If any other Exprefiions in the Sermon feem to carry a du- bious Senfe towards Toleration, he hopes they will be inter- preted agreeably to his avow'd Approbation of that Law. To fuch Part of the fecond Article as charges the faid Henry Sacheverell with alTerting, That he is a Falfe Brother, with delation to, God, Religion, or tie Church, who defends Tolera- tion and Liberty of Conference : He faith, That having fo lainly declar'd himfelf, in Favour of the Exemption granted y Law, he cannot be thought to reflect on the Defenders of that legal Indulgence, which he himfelf approves, when he blames thole who, upon all Occailons, defend Toleration and Liberty of Conference : He does indeed fuggell it to be one Part of the Character of a Falfe Brother, upon all Occafions to defend Toleration and Liberty of Conference ; and, to excufe the Separation, lay the Fault upon the true Sons of the Churchy for carrying Matters too high. Which univerfal Defence of Toleration, and Excufe of Separation, with the laying the Fault of it on the True Sons of the Church, are by him joynt- ly mention'd in the fame Claufe, and Branch of the Character. So that he reflects not on all who defend Toleration, much lefs the Exemption granted by Law to DilTenters, but on thofe who are for univerfal Toleration, and lay the Fault of Separa- tion on the True Sons of the Church 5 whom he did and lull does conceive to be blameable, and if Members of the Church to be Falfe Brethren. . As to that Part of the fecond Article which charges the faid Henry Sacheverell with alTerting, That «£>. Elizabeth was delu- ded by Avchbifnop Grindal, to the Toleration of the Genevian ^Difcipline-^ he faith, he humbly conceives he has good Au- thority for it from the Hiftories of thofe Times 5 but whether he has, or not, he apprehends fuch AiTertion to be no Proof of his Suggefting, That the Exemption of DhTenters from certain Laws, granted by an Aft in the fir ft Year of K. William* 2nd Q. Mary, is unreafonable or unwarrantable. For he thinks ihe Difference very great between aToleraticn of ttejGenevitflt B z Difcipjine^ (20) Difcipline, and an Exemption of Froteftant Diffenters from certain Laws; which Exemption he wilheth under the fame Limitations to all Her Majefty's Proteftant S'ibjefts. As to fuch Part of the fecond Article, which charges the faid Henry Sacheverell, with fcurriloufly calling the [aid Arch- lijhop Grind a], a Falfe Son of the Church, and a perfidious Pre- late* he hopes any harfh Expreflions concerning that Prelate, may be excus'd, becaufe that ^rchbiihop permitting Innova- tions in the Churcfi, incurr'd the Difpleafure of Q. Elizabeth, was by her Order Sufpended, and fo continu'd 10 his Death. However, the faid Henry Sacheverell prefumes, that no- Words fpoken of a Prelate that has been dead above 120 Years, will amount to an High Crime and Mifdemeanor. To that part of the fecond Article, which charges the faid Henry Sacheverell with maintaining, That it is the Duty of fuperior Pajlors to thunder out their Ecclefiaftical Anathema's againfl Perfons entituled to the Benefit of the faid Toleration^ he fa th, He doth not Suggell any fuch Duty in Pallors, as mention'd in the faid Charge; but if the Expreflions unapply'd to any, mull be determin'd to any one Sort of Perfons, he hum- bly conceives that Connexion in his Difcourfe will determine them, to thofe Schifmatical and FaBious Perfons, who take Per- million for Power, and advance Toleration immediately into an E fubli foment ; fuch Schifmatical, Faclious Perfons, he appre- hends are not entituled to the Acl: of Exemption, defign'd only for the Eafe of fcrupulous Confidences. As to the laif part of the fecond Article, which charges the faid Henry Sacheverell with infolently daring and defying any Tower on Eaith to reverfe fuch Sentences-^ he laith, The Sen- tence he dares any Power on Earth to Reverfe is only fuch as is Ratify M in Heaven, which he ilill affirms, and conceives -would be Blafphemy in any one to deny. And does further be- lieve, fome Sentences pronounced by the Pallors of the Church are RatiFy'd in Heaven ; and that fome Perfons exempted from Punifhment by the Laws of ihe Land, may be lyable by the Laws of Chrift; ahd that Schifm from a Church impofing no Sinful Terms of Communion, is a Sin, expofing the Perfons guilty of it to the Cenfures of the Church. j4nfarer to the Third Article. As to fo much of the third Article as charges the faid Henrf Sacheverell, That he doesfal y and feditioujly fuggeft, the Church of England is in great Peril and Adverjity under her Makefiles Jdymniftraticn, Sec. He denies that he has fo fuggelled, or af- ferted ; b< t does acknowledge, That in his Sermon he fuggell- ed, That when National Sins are ripened to a full Maturity, to call down Vengeance from lJrovide?ice} &c. all the Members of (21 ) fuel a Churchy or Kingdom, are in Danger in fuco deplorable Circumftances. Which Suggeftion of Danger arifing from Vice and Infidelity, he prefumes is not oppofne to the Vote of the two Houfes, or Seditious, but agreeable to what is deciar'd in an Ad of the 9th and 10th of the late King William III. for the more effectual fuppreiling of Blafphemy and Prophanefs, wherein it is affirm'd, That many Per fans had, of late Years, openly Avowed and PubliJJ/d many Blafphemous and Impious Opinions, contrary to the DoBrines and Principles of the Lhri- Jlian Religion, greatly tending to the Dijhonour of Almighty God, which might prove dejlruttive to the Peace and Welfare of this Kingdom. And he conceives, that fince palling that Aft, thofe deteftable Crimes have greatly increas'd. And he ap- prehends the faid Suggestions of Dangers arifing from Vice and Infidelity, to be no way more Seditious, than the like Sug- gestions frequently us'd before each Houfe of Parliament in the Prayers of the Church, Authoriz'd by her Majefty, wherein we hefeech God, that no Sedition may dijlurb this State, nor Schifm difiracl this Church ; and that he would give us Grace ferioujly to lay to Heart the great Dangers we are in by our unhappy Divijions, As to fo much of the third Article, whereby it is charg'd, That the faid Henry Sacheverell, as a Parallel mentions a Vote, That the Perfon of K. Charles the firft was voted to be out of Danger, at the fame Time that his Murderers were confpiring his Death • thereby wickedly and malicioujly infinuating, that the Members of both Houfes, who pafs'd the faid Vote, were then confpiring the Ruin of the Church. He anfwers, That he draws no Parallel between thofe two Votes, the latter of which he no where mentions in his Sermon, But had he fug- gefted any fuch Parallel, which he did nor, it would not have infinuated that the Members of both Houfes who paiYd the late Vote, were confpiring the Ruin of the Church; but only that as lbme innocent Perfons voted the King to be out of Danger, whilft others were confpiring his Murder; fo when the two Houfes voted the Church to be out of Danger, fome q.hers might be confpiring its Ruin, and others drawing down .God's Vengeawce by their Vict and Infidelity. As the Vote of both Houfes, made four Years ago, only concern'd thofe who did infinuate f.he Churches being in Danger under Her Majefty's Adminiftration ; fo he prefumes it cannot affeel thofe who fuggeit the Chridian Faith to be in Danger by thofe Atheiftical, and irreligious Principles daily tropagared from the Prefs. So that he thinks he might with Truth affirm in his Sermon at Derby, That there never were fuch outragious Blalphemies againft God, &c. of which ^JTertian he is teady to bring undeniable and ample Proofs, B 5 Mfver <22 ) Anfreer to the fourth Article, The fourth Article contains fevetal Charges of a very high and criminal Nature, of which the faid Henry Sacheverell knows his Heart to be entirely innocent; and with Comfort obferves, thar in the other Articles he is faid to have main- tain'd and ailerted, as well as fuggefled the Matter charg'd up- on him, but in this fourth he is only accus'd of Suggefting and Infjnuating. To that Part of the fourth Article, whereby it is charg'd, That the faid Henry Sacheverell, in his faid Sermons and Books, doth faljly and malicioufly frggefl, that Her Majeflyls Admini- flration, both in Ecclejiaflical and Civil Affairs, tend: to the Dcjlruftion of the Conftitution, he anfvvers, That he lias not, in either of his Books or Sermons, made any mention of her Majefty's Adminiftration, or of her Minifters 5 but is fo far from fuggefling, that it leads to the Definition of the Confti- tution, that amongft the Bleflings owing to our Deliverance, annually Commemorated on the Fifth of November , he reckons this to be one, That her Ma'jefty fits on the Throne, and prays to God to preferve her, &c. And in his Dedication of his faid Sermon preached at St. Pauls, folemnly declares, as he did be- fore in his Difcourfe, That his only Aim and Intention waseai- jicfily to contend for the Safety, Rights, and Eftablifkment of her Majefy, together with thofe of the Church. To that Pan of the fourth Article, whereby it is charg'd, That the faid Henry Sacheverell does fuggeft , That there are Men of Characters and Stations in the Church, who are Falfe brethren ; he faith, That the Falfe Brethren, as defcnb'd by him in his Sermon, are either thofe who propagate falfe Dcftrincs, or who give up the Difcipline and IFoifii? of the Church, or tvho are for a Neutrality in Religion, or who wijb well to the Church of England, and are ready to Sacrifice their Perjbnt and Efiates in her Vindication, but not fiow their Zeal ?n the Comviunion of the Church, as well as for it, in obeying lei Precepts as well as defending her Rights. Thefe being the Sorts of Falfe Brethren by him enumerated, if he fhould have fuggefted, that there are Men of Characters and Stations in the Church, Words not reftrain'd to the higheu Characters and Stations, to whom that Denomination in fome Senfe does be-» 3ong, he hopes that fuggei.ion would not be deem'd Falfe, Ma- licious, or highly Criminal. Whereas in this fourth Article it is charged, That the faid Hem y Sacheverell does fu°g?il, That there are Men ofCharaBer: and Stations in the Church and State, who do themfclves weaken, undermine, and betray, and do encourage, and put into the power of others who are profefs'd Enemies, to overturn and deflioy the Covfiitutioz (23) Conflitution and Government; he denies the fuggefting any fuch Things of Men of Characters and Stations in Church or State, thofe not being mention'd where he fpeaks of fuch as weaken, undermine, betray , &c. as above in the Charge ; and where they are mentioned twelve Pages afterwards, he fpeaks nothing of weakening,and under minng,betraying,&Y, or above, and therefore hopes he ihall not be anfwerable for a fuppcs'd Reflection, d' pending upon a Conjunction of Paffages lo re- mote from one another. The Weakners, Underminers, and Betrayers, to whom he refers, will, upon Examination, appear to be one of thefe three Sorts of Perfous; either, Firjl fuch as ly their Writings endeavour to fubvert the Foundations of our Church and State ; or, Secondly, fuch whether Writers or others, who are for a Latitudinarian Heterogeneous mixture of all Verfons of what Faith foever, uniting only in Protejlancy, &c. or Thirdly, Thofe Occasional Confor?nifls, who have fo far eluded the Corporation, and Tefi Jcis by their abominable Hypocrijie, as to have underminld and endangered the Government , by fill- ing it (as far as they could) with its ptofefs(d Enemies^ that is, with thtmfelves. Of thefe and their Encouragers he confefTes he has fuggefied that, in his Opinion, they weaken, undermine, and betray the Conflitution; but has no where fuggefted, that the/ are Men of Characters and Stations in the Church or State. As to the Part of the fourth Article that accufes the faid Henry Sacheverell, of charging Her Majefty, and thofe in Au- thority under Her, both in Church and State, with a general Male-Adminiftration.; he fays, He abhors the Thoughts of fuch a Charge againll her Majefly \ nor does he ever tax thofe in Authority with any Male-Adminiftration, a Word he has never us'd, nor any other by which the Thing may be imply'd. And he is fo far from making any undutiful Refleclions on her Majefly, or her Adminiilration, that in feveral Writings he has publifhed, and particularly one in Defence of her Title to the Crown, and Juftincation of her enteiing into a War with France, he has exprefsd himfelf with the moll Hearty and Loyal Zeal tor her x\lajefiy\s rerfon, Government, and Admi- niflration. To the Charge, That the faid Henry Sacheverell, as a pub- lick hcen'/iary pe>f wades her Majejtji's Subjects to keep up a Diftinclion of Fr^JionsWnd lJartks-, he fays he is fo far fron jt, that in his faid Sermon, he invites the Separalifts to re- nounce their Schifm, and come fincertly into the Church &c. To the Accufauon in the fame Aiticie, That the faid Henry Sacheverell injlils groundlefs Jealoufes^ and foments dejlruciive Divifions among her Majeftys Subjctts j he fays, That in his faid Sermon, he, on the contrary, Rebukes and Condemns thofe, who, by falfe Infinuations, imbroil the Publick, B 4 To To what is farther urgcd, That the faid Henry Sacheverell pxcites and flirt up her Majefty's SubjeSt to Arms and Violence^ he anfwers, God forbid he fhould be guilty of fo heinous a Crime; who afTerts the Utter illegality of Ref fiance to the Supreme Power ; which aiTertion he conceives to be the chief, or only Ground of the Charge exhibited againft him in the firft Article. For Confutation of this Charge, he offers one PaiTage out of his Sermon preach'd at Derby, in thefe Words ; We may hei Partakers of other Mens Sins, if we do not, to the utmoft of our Power, endeavour to obftrucl, or prevent their Commijion,when they manifeftly endanger the Good of the Publick, $cc. Arid he hopes, That what he has faid in the Dedication of the fame Ser- mon, That there are not wanting fome to preach the Truth, and ethers to fupportit, at the expence of their Lives and Fortunes^ will not be conflru'd, as exciting her Majesty's Subjects to SeT dition, and Rebellion, fince that Truth is by him oppos'd to the Attempts of thofe who betray the Principles and lnterefts of our Church and Confiitution. In the Sermon preach'd at St. Pauls, he excites Chriilians to put on the whole Armour of God, as wreftling, mot only a- ga'mft Flejh and Blood, hut againft Principalities, againft Pow- ers, againft the Rulers of the Darknefs of this World, againft Spiritual Wickednefs in high Places. But the fame St. Paul has taught him, That the Arms of Refinance taken up by Subjects againft the higher Powers, are none of that Spiritual Armour ; and the Principalities and Powers he fpeaks of, being plainly difbnguifh'd from Flefh and Blood, cannot, he thinks, be un- derstood of Earthly Rulers. As to the laft part pf this fourth Article, charging the faid Henry Sacheverell with wickedly wrefting and perverting di- vers Texts and Paffages of Holy Scripture for imprinting his malicious Suggeftions ; he fays, He had no Malicious Suggesti- ons to imprint, and therefore no occafion to wrefl the Scrip- tures. It is hard with the Minifters of the Gpfpel, it the Texts they cite fhall be coniirued m the moft criminal Senfe, when they ufe them to excite Virtue, or reprove Mens Tranfgre (lions. As to all other Matters in the. faid Articles contain'd, and riot here Anfwer'd unto, the faid Henry Sacheverell fays, he is not Guilty of them, or any of them,^i Manner and Form as they are Charg'd on him in and by the faid Articles ; and jiumbly fubmits himfelf to your Lordfnips Judgments. HENRY SACHEVERELL. Afte* the Reading of the Anfwer the Doclor being ask'd, "Whether or no he would abide by it? He anfwer'd in the Affirmative, (25) ^Affirmative. And then was order'd to withdraw. Thei? Lordfhips fent his Anfwer down to the Commons. A MtiTage from the Lords, by Mr. Rogers and Mr. Hiccocks, That they were commanded to acquaint the Houfe of Com- mons, that Dr. Henry Sacheverell had put in his Anfwer to the Articles of Impeachment, fent from the Houfe of Com- mons againfc him ; which their Lordfcips communicated to fhe Houfe, and defire that the faid Original Anfwer may be return'd with convenient Speed. Ordered, That the (aid Anfwer of Dr. Henry Sacheverell, now fent from the Lords, be Read to-morrow Morning. On the 26th, the Anfwer of Dr. Henry Sacheverell, fent from the Lords, being, according to Order, read by the Com- mons, it was Ordered, That the Anfwer of Dr. Henry Sacheverell, fent from the Lords yefterday, be referr'd to the Committee who were ap- pointed to draw up Articles of Impeachment, which were ex- hibited by the Commons to the Lords, again!! Dr. Henry Sa- cheverell, for high Crimes and Mifdemeancrs • and that they do confider thereof, and report their Opinion, what is moffc proper to be done towards the farther Proceedings thereon. And they have Power to fend for Perfons, Papers, and Records. And they are to meet at fuch Times and Places as they lhall think fit. On the 2d of February, Mr. Delhen reported from the Corrw mittee to whom the Anfwer of Dr. Henry Sacheverell was re- ferr'd to confider of the faid Anfwer, and report their Opi- nion, what is mod proper to be done towards the farther Pro- ceedings thereon, That they had confider'd the fame, and that they do find there are contained therein many Things not warranted by the Courfe of Proceedings upon Impeachments, foreign to the Charge, unbecoming a Perfon ImpeacrTd, and plainly defign'd to reflecl: upon the Honour of the Houfe; and do humbly fubmit to the Judgment of the Houfe their Opinion, That, for avoiding any Imputation of Delay to the Commons in a Cafe of fo great Importance, a Replication be forthwith fent up to the Lords, maintaining the Charge of the Com- mons ; and the Committee have accordingly prepared the fame; which they had directed him to report to the Houfe; and he read the fame in his Place, and afterwards delivered the Report in at the Table, where the fame was read. And the Replication being read a fecond time, it was thereupon Refolved, That the faid Replication be the Replication of the Com- mons to the Anfwer of Dr. Henry SachevetelL Ordered, That the Replication be engroffed, Thej? There were Debates in Relation to the engrofllng of the Re- plication; when the Committee were defired to mew, what there was in Dr. SacheverelTs Anfwer, not warranted by the Courfe of Proceedings upon Impeachments, foreign to the Charge, unbecoming a Verfon impeached, and plainly defign'd to refieS on the Honour of the Houfe, The entring into thefe Particulars was declined ; for which Reafon, and becaufe the Anfwer appear'd Full and Satisfactory, there was a Divifion upon engroffing the Replication, in which the lea's were 182, the No's 88. On the 7,d of February , The engroffed Replication of the Commons to the Anfwer of Dr. Henry Sacheverell was read; being as follows. The Commons have confider'd the Anfwer of Henry Sacheverell, DoBor in Divinity, to the Articles of Impeachment exhibited againft him by the Knights Citizens and Burgejfes in Parlia- ment Affembled, and obferve, That there are many things in it "not warranted by the Courfe of Proceedings upon Impeachments, foreign to the Charge of the Commons^ unbecoming a Verfon Impeached, and plainly deftgn*d to RefeZt upon the Honour of the Houfe of Commons in this proceeding, for which they might demand your Lordfoip's immediate Jujlice. But the Commons being fenfible that the Nature of the Crimes whereof he ftands Impeached, and the Necejjity of bring- ing him to a fpeedy and exemplary Punijhment require, That all occafions of Delay Jhould be avoided, and not doubting that your Lordjhips will in due Time vindicate the Honour of the Commons, and the Jujlice of their Proceedings. The Commons do aver their Charge againft the faid Henry Secheverell for high Crimes and Mifdemeanors to be true, and that the faid Henry Sacheverell is Guilty in fuch Manner as he ftands Im- peached, and that the Commons will be ready to prove their Charge againft him at fuch convenient Time as Jball be ap- pointed for that purpofe. Ordered, That the faid Replication be fent to the Lords. Ordered, That the Original Anfwer be return'd to the Lords. Ordered, That Mr. Dolben do carry the Original Anfwer of Dr. Henry Sacheverell, and the Replication theieumo, to the Lords. On the $th of February, A Maffage was fent from the Lords by Sir Richard Holford and Mr. Gery, That they were com- manded to acquaint the Houfe of Commons, that their Lord- fhips have appointed Thurfday next, at S^ven of the Clock in the Morning, for the Tryal of Henry Sacheverell, Doclor in Divinity, (27) Divinity, at the Bar of their Houfe ; and that their Lordfliipa will take Care, that there will be Conveniences made there for the Managers of the Houfe, at the Tryal, upon the Im- peachment againft him. Hereupon the Commons Refohed, That the Managers be appointed to make good the Articles of Impeachment againft Dr. Henry Sacheverell. Ordered, That the Committee to whom it was referred to draw up the faid Articles, be the faid Managers, Refolved, That this Houfe will be prefent at the Tryal of the Im- peachment againft Dr, Henry Sacheverell, as a Committee of the whole Houfe. Ordered, That a Meffage be fent to the Lords, to acquaint them with the faid Refolution, and to defire that a convenient Accomo^ dation may be prepared them. And Ordered, That Mr. Bromley (who moved this Matter) do carry the faid Meffage to the Lords. The Houfe divided on this Queftion, TeaU 192, No's 180. There was a long Debate upon this Meffage ; in which the feveral Precedents of the Cafes of the Earl of Strafford, and the Lord Vifcount Stafford, were cited, whofe Tryals were in the Court prepared in Weftminfler-Hall : And the Cafe of the French Smugglers, impeached 1698, for high Crimes and Mif- demeanors, when there were Conferences, and free Confe- rences, between the Two Houfes, about a convenient Accom- modation for the Commons to be prefent at the Tryal ; which the Lords agreed to, being convinced by the Reafons of the Commons. It was faid, that the firft regular Tryal upon an Impeachment in Parliament, in the prefent Method, was the Tryal of the Earl of ' Strafford \ and the Commons declared and infilled, they had a Right to be prefent at the Tryal', as an Houfe, or a Committee of the whole Houfe, as they thought fit ; and that they held it neceffary and fit, that all the Members of the Hovfe foould be prefent at the Tryal, to the end every one might faiiify his own Conf ience, in the giving his Vote to de- viand Judgment. In the Cafe of the Lord Vifcount Stafford, the like Accommodation was never difputed ; but in that of the Smugglers it was; and the Lords would have diftinguiuYd betwixt an Impeachment for High Crimes and Mifdemeanors, and for High-Treafon. Which the Commons anfwer'd, (hew- ing, That the different Nature of thofe Crimes related only to the Punifnment, and did not alter and change the Nature of the Court. And by the Strength of this and other Arguments which' (=8) which may be feen in the Reports of the Conferences and free Conferences entred on their Journals, they did, at laft, prevail. On the 6th of February, A Mefiage from the Lotds by Mr. Gery and Mr. Hiccocks, That the Lords had commanded them to acquaint the Houfe, that their Lordfhips have ordered the t-ords with White Staves, humbly to move Her Majefty from their Houfe, that She will be pleafed to give Order for a Place to be prepared in Weftminjler-Hall, for their Lordfhips to proceed upon the Tryal of Henry Sacheverell, Doftor in Divinity, who now Hands impeach'd before their Houfe. The next Day, the Lords receiv'd a Meffage from Her Ma- jefty, That Her Majefty would give Order for a Place to be prepared in Weftminfter-Hall, for their Lordfhips to proceed upon the Tryal of Henry Sacheverell, Dotlor in Divinity, who now ftands impeached before their Houfe.. On the 8th, A Mefiage from the Lords by Mr, Medlycot, and Mr. Fellows, That they were commanded by the Lords %o acquaint the Houfe, that Her Majefty hath given Order, that a Court be prepared in WeJlminJte^Hall, for the Tryal of Dr. Henry Sacheverell ; which will take up fome Time ; and that, therefore, the Tryal cannot be at the Time appoin- ted, but that as foon as the Place is prepared, the Houfe (hall have Notice of the Day of Tryal. On the loth the Commons Ordered^ That the Managers ap- pointed to make good the Articles of Impeachment againft Dr. Henry Sacheverell, have Power to fend for Perfons, Papers, and Records. And That Mr. William Borret be appointed Solicitor to the faid Managers, for profecuting the faid Impeachment. Serjeant Prat, and Mr. Raymond, having declined being Council for Dr. Henry Sacheverell, the Lords, upon his Peti- tion, Feb. i$th. afiign'd him Mr. Dee, Mr. Dod, and Dr. Hench- man, for his Council; as alfo Sir Symon Har court, and Mr. Phipps, before allowed by their Lgrdihip \ and Mr. Huggins his Solicitor. The Lords on the iSth of Fehruary, appointed the zytb of the fame Month for the Tryal of Dr. Sacheverell ; on which Day, and the following Days, a great Concourfe of People at- tended him from his Lodgings at the Temple, to Wejlminjler, and at his Return, with great Acclamations and Shouis of, God blefs the .e Laity. And had it not been by their Writing', Preaching, and Example, that the Nobility and Gentry were Animated to maintain and defend their Rights, Religion and Liberties ? And as an undoubted Monument that fuch had been the Senfe of the whole Kingdom at the Time of the Revolution, h was entred into the Journal of the Houfe of Commons on the Firft pf February, i<<88\ (3<*) Thai tic Unanimous Thanks of tie Houfe w, as given , Xemine Contradicente, to the Clergy of the Church of England, for the great Services they had done their Religion and Country, ~by tbt ion tley had made to the Execution of the Eccle- :al Commiffon, and their refuting to read the King's De- claration for a Toleration, which was then Founded upon the P Power. And how had the Arch-Eifhcps receiv'd the MeSage fent upon that Occafion, for them to Communicate that Re- ion to the Clergy In their refpective Diocefles ? The Journal: a, that Mr. Lev if on Gore had the next minted the Houfe of Commons with his attending the two Arch-Biihops, according to Order, with the Thanks of the Houfe ; and that Arch-Bifhop Sancroft,zn& the then Arch- Bifbop cf Y'jrk, rerurn'd their Thanks to the Commons for tbemfelves, and in behalf of all their Clergy, for their favou- rable Vore. That their Lordfhips and the Commons were then happy * -ih to be thought favourable to the Clergy of the Church of England ; and yet thofe very Commons were the Men who pafs'd the Toleration Act. for exempting Proteftant DifTenters from the Penalties of certain Laws, as one of the mod necef- fkry Ads for ihe Good of the Kingdom. And had they not been encourag'd to go attoat that Chari- Work, by the Petition of the Seven Bifhop? prefented to King James, wherein they acquainted him, That it was not for Want of a due Tendemefs to Dijfenters which made them refufe reading his Declaration for Toleration to Dijfenters, in rela- tion to whom they were willing to come to fuch a Temper as Jhouldle thought fit, when the fame came /o he Confider'd in Parliament. But when the fame had been ConCder'd in Parliament, and the Toleration S^tti'J and Eftablifn'd by the Legislative Authority cf the Kingdom, and Ratify'd and Approv'd of in this Reign, by Her Majefty and both Houfes of Parliament ; i> .or hacheverell belike difapprov'd of it, and was pleas'd to tell them in a moll extraordinary Manner, That a Man mvjl le very weak, or fomething worfe, that thought or pretenr'ed the Difente;: where to he gained by any other Grants and In- dulgences, than giving up the whole Conftitution ; and he that receded tie leaf Tittle from it, to fatisfy and ingratiate with thofe Clamorous, InfatiaHei Church -devouring Malignant! t ^ not what Spirit they were of. After fuch an ample Leclaration of his Opinion, what fa- uences would attend the granting Indulgences to DifTenters? Could the Dodlor imagine that bio faying, in his Anfwet to the Articles, That le intended not to crjl tie leaft .ou: Kef ecrio^ upon that Indulgence ihe Government had conde- (37) condefcended to give them, would take off the hard Cenfures he had pafs'd upon Difi'enters ? If an Arch-Bifhop, who had been Dead almoit a Hundred and twenty Years could not be permitted to reft quiet in his Grave, without having foul Afperfions cafl: upon his Memory, as being a falfe Son, and a perfidious Prelate of the Church, for interceding (as Doctor Sacheverell faid ) with Queen Eliza- beth for the DilTenters in thofe Days : What could the now Arch-Bifliops and Bifhops of the Church expect from Doctor Henry Sacheverell, if they did not thunder out their Ecclefi- aftical Anathema's againft DilTenters, as often as the Doctor Ihould think there was occafion for them * He Perceiv'd the Doctor hop'd to falve all he had faid againfc Toleration to DilTenters, by a nice Diilinction he had hit upon between an Indulgence and a Toleration. Therefore he told your Lordfhips, that, upon the kgJI dili- gent Inquiry, he had not been able to inform himfelf that a Toleration had been granted by Law. How could the Doctor pretend to fay, that the Word Tole- ration had never been made ufe of to exprefs the Religious Liberty and Indulgence granted and allow'd to DilTenters ? If there wanted Authorities to Juilify the Ufe of the Word, af- ter the Doctor had made ufe cf it, in the fame Senfe over and over, in many PafTages in his Sermon, as would be taken No- tice of by the Gentlemen that were to make good the fecond Article, the Doctor might be put in mind, that Her Majeily in Her Speech from 'the Throne, on the 17th of December, 1705, had been p'leas'd to declare, That fine would inviolably Maintain the Toleration. That as the Time was mod Unfeafonable for the Preaching fuch Doctrines, fo the Place had been very Improper for a Lecture of Politicks : For their Lordfhips did perceive that latter Sermon, preach'd on the Fifth of November lait, had been preach'd in die Great Metropolis of the Kingdom, before the Lord-Mayor, Aldermen, and Citizens of London ; from whofe Heady Loyalty to Her Majelly, and firm Affections to the Revolution, fuch vail Sums had been contributed for car- rying on the long War againft France, which had proved fo Fatal to the French King, and other Enemies of the Kingdom. And what more likely to give a fatal Wound to the Publick Credit at that Time, than fuch Doctrine which tended to the Overthrow of all the Ads of Parliament made in Support of the Conflitution. And how f; range an Attempt had it been fcr the Doctor to Preach againft the Revolution and the Government, before thofe Citizens who ow'd the Reiloration of their Charters, and all their Franchises and Immunities, to it. C 3 Eut (38) But, that to do JufHce to the Do&or, he in his Anfwer de- ny'd he hath faid any thing of the Means which brought a- bout the Revolution. And if their Lordfhips could believe him, he faid, He had endeavoured to Vindicate the Revolution from the black and odious Colours the Enemies of the Revolution would throw loth upon that and his late Majefty. To what End and Purpofe then were thofe Doclrines Preach'd with fo much Vehemence at that Time, unlefs it were to refled backwards upon what had been done at the Time of the Revolution ? There was certainly no Occafion to Preach Non-Refiftance to Her Majefty 's Loyal and Dutiful Subjects, who had never ihewn the leait Inclination to give Disturbances to the prefent Government. He afk'd, Whether there had ever been fo TJniverfal an Agreement in all Ranks and Degrees in the Nation ? Whether every one did not almoft ftrive to fhew their Zeal and Affe- ction for Her Majefty and Her Government ? If there were any lefs quiet than their Neighbours, they would be found a- mongft the Friends of Dodor Sachevcrell, who were profef- iedly no Friends to the Revolution. Nothing being more cer- tain, than that all who were not fatisfy'd with what had been done at the Time of the Revolution, muft be Enemies to the prefent Eftablimment ; and 'twas from that Source all thofe Declamations againft Men of Character and Station both in. Church and State did proceed. But he would have the Doclor confider, that there were Laws to punifh Spreaders of falfe News and horrible Stories of the Great Men and Great Officers of the Kingdom 5 and ^twas to put a Stop to thofe malicious Practices then on Foot, that he was then brought to the Bar as a Delinquent. That when they had read their feveral Proofs, which would Juftify every Particular charg'd on the Doctor in the Articles of Impeachment, the Commons would not doubt of their Lordfhips Judgment againft that Defendant. After Mr. Attorney-General, Mr. Lechmere told their Lordfhips, That he was commanded to Affift in ftating to them the Grounds of the Charge of the Commons, and the Nature and Tendency of the Crimes then before them in Judgment. Th3t an Impeachment of the Commons of Gieat Britain had been open'd to them ; The Subjects of both Nations had an equal Concern in that which was the Ground of it ; They were happily united in this Profecution, and the common In- tereft of their Lordfhips, anil all of them was infeparable in its Event. That (39) That no more needed to be faid to their Lordfhips of the Greatnefs of that Caufe, not for the Perfon of the Offender, but for the high Importance of thofe Matters which he had prefum'd to draw in Queflion. The Commons, on their part, had been exceeding careful, in every Step of that Proceeding, that it fhould receive a De- liberation fuitable to the Weight of the Caufe, and the Digni- ty of the Commons -^ and they obterv'd it to their Lordfhips, with great Satisfaction, That by their ready Concurrence no Difficulties had arifen to delay or difcourage their Impeachment; They afcrib'd it to a Defire in their Lordftiips, equally with themfelves, to cultivate a good Correfpondence on fo impor- tant an Occafion, and to that due Regard, their Lordfliips fhew'd to the Courfe of Impeachments, the ancknt Right, and great Security of the Commons. In framing their Charge, the Commons had thought fit, by a Preamble to their Articles, to lay before them the Grounds of their Accufation, in Terms the moli cogent and expreflrve ; to the end, their Lordfhips might have early and perfect No- tice of the Points, on which the Commons intended to pro- ceed ; That their Lordfhips, and the whole Kingdom, might know the unanimous and hearty Zeal of the Commons to af- fert the Juflice of the late happy Revolution, and the Founda- tions of Her Majefty's Government and Adminiftration ; and that the Judgment of the Commons, on that weighty Occafi- on, might ltand fully on the Records of Parliament, and be tranfmittedto all Pofterity. Their Lordfhips would obferve, in reading their Evidence, many Things excepted to by the Commons, precedent to the Ground of their firft Article ; but you would foon perceive that all Parts of the Defign of the Prifoner center 'd in that s They could not therefore have acquitted themfelves, had they not made that their Foundation ; Being firmly convine'd, they never could have the Honour and Juflice of that glorious Work too much at Heart, nor be too Jealous of thofe who under a- ny Pretences, thoy never fof feci ous, fhould attempt to lefFen it^ And when they conlider'd the certain Dependence the Juflice of the late Revolution it felf muft have upon he Steps that led to it, they could not doubt but their Lordfhips would think him equally Criminal, who condemn'd the Means by which it had been effected. He faid, The necejfary Means ( the Phrafe us'd by the Com- mons in their firft Article) were Words made choice of by them with the great eft Caution. Thofe Means were defcrib'd, in the Preamble to their Charge, to have been, That glorious Enterprize, feis late Majefty had undertaken with an arm'd Force, to deliver this Kingdom from Popery and Arbitrary ppvrer ; the Concurrence of many Subjects of the F*ealm, who C 4 came (40) came over with him in that Enterprize, and of many others of all Ranks and Orders, who had appear'd in Arms in many Parts of the Kingdom, in Aid of that Enterprize. That thofe were the Means which brought about the Revo- lution, and which the Act pafs'd foon after, declaring the Rights and Liberties of the Subject, and fettling the Succefliori of the Crown, intended, when his late Majefty was therein called the glorious Injlrument of delivering the Kingdom ; and which the Commons, in the lait part of their firif, Article, exprefs'd by the Word Refifiance. But the Commons, who would never be unmindful of the Allegiance of the Subjects to the Crown of this Realm, had judg'd it highly incumbent upon them, out of regard to the Safety of Her Majefty's Perfon and Government, and the An- cient and Legal Conftitution of this Kingdom, to call that Refinance, The NeceJJay Means. Thereby plainly founding that Power, and Right of Refinance which had been exercis'd by the People at the Time ot the happy Revolution, and which the Duties of Self-prefervatipn and Religion call'd them to, up on the Neceflity of the Cafe, and at the fame time efTe&ually fecuring Her Majefly's Government, and the due Allegiance of all Her Subject. Their Lordfhips would find, That the Prifoner, in his Ser- mon preach'd at St. Pauls, had alTerted a Doctrine in direct Defiance and Contradiction of that Refiftance usM to bring about the Revolution, when he affirm'd the utter Illegality of R.efiftance, on any Pretence whatfoever, to be a Fundamental of the Conftitution ; and, as their Lordfhips wouJd hear it fully made out from the Proofs by thofe Gentlemen to whom that Part was affignsd,he had alfo plainly declai'd himfelf, that even that Refinance usM at the Time of the late happy Revo- lution was not to be excepted out of his fundamental Rule. That when a Preacher of the Gofpel, and a Miniiter or the Church of England, even under the then happy Eftablifhment, fhould thus puLjliduy condemn the Foundations on which it ilood, in Defiance of Her Majefty and the great Council of the Nation then fitting in Parliament,, it becomes an indifpenfible Duty upon them, who appear'd in the Name and on the Be- half of all the Commons of Great Britain, not only to demand their Lordfnips Juflice on fuch a Criminal, but clearly and openly to affert their Foundations. He crav'd Leave to remind their Lordfhips of the Conditi- on of Things in both Kingdoms, immediately preceding the late Revolution ; The Cafe he faid was Hated and recorded, between the late King James and the Subjects of both King- doms, in the feveral Declaraiionscf the Rights of both Nations ipafie by them at that Time, Thai (41 ) • That Ke would forbear to aggravate the Mifcarriages of that unhappy Prince, further than by faying, That it was declar'd in the Preamble to the Bill pafs'd in England, That by the Jffiftance of Evil Counfellors, Judges and Minifiers, employed by him, he did endeavour to fubvert and extirpate the Protejlant Religion, the Laws and Liberties of the Kingdom, in the fever al Injlances there enumerated : And in that palled in the King- dom or Scotland it flood declared, That, by the Advice of Evil Counfellors, he did invade the Fundamental Conflitution of xh&t Kingdom, and altered it from a Legal limited Monarchy, to an Jrbitrary Dejpotick Power. Their Lordfhips, on that Occafion, might again confider the ancient Legal Conftitution of the Government of this King- dom, from which it would evidently appear to them, that the Subjects of this Realm had not only a Power and Right in themfelves to make that Refi (lance, but lay under an indifpen- fable Obligation to do it. The Nature of their Conftitution being that of a limited Monarchy, wherein the Supreme Power was communicated and divided between Queen, Lords and Commons, tho' the Executive Power and Adminiftration were wholly in the Crown. The Terms of fuch a Conftitution did not only fup- pofe, but exprefs an Original Contract, between the Crown and the People, by which that Supreme Power had been [by mutual Content, and not by Accident,] limited and lodg'd in more Hands than one; and the uniform Prefervation of fuch a Conftitution for fo many Ages, without any fundamental Change, demonftrate the Continuance of the fame Contracl:; That the Confequences of fuch a Frame of Government were obvious j that the Laws were the Rule to both, the common Meafure of the Power of the Crown, and of the Obedience of the Subject ; and if the Executive Part endeavour'd the Sub- verfion, and total Deftruclion of the Government, the Origi- nal Contract was thereby broke, and the Right of Allegiance ceafed ;*that Part of the Government, thus fundamentally in- jur'd, having a Right to Save or Recover that Conftitution, in which it had an Original Intereft. And, the Nature of fuch an Original Contracl: of Government prov'd, that there was not only a Power in the People, who have inherited that Freedom, to AiTert their own Title to it, but they were bound in Duty to tranfmit the fame Conftitu- tion to their Pcfterity. That it was mifpending their Lordfhips Time to Illufrrate that particular, which was an Eternal Truth, elTential to the Government it felf, and not to be defaced, or deftroy'd,by any rorce or' Device. For it appeal 'd from every Branch of the Government, That the Rights of the Crown of England were Legal Rights, and its Px»wer ftated and bounded by the Laws of C40 of the Kingdom, That the Executive Power and Adminiftra* tion it felf was under the ftrifteft Guard, for the Security of the People, And that the Subjects had an Inheritance in their ancient fundamental ConfHtutions, and the Laws of the Land, That being the Tenor of all Antiquity, Hiftories and Records affording innumerable Proofs of it ; and when their Lordfhips Jook'd back on the Hiftory of Magna Charta alone, they could not doubt of the Senfe of their Anceftors, that they were Ma- ilers of Franchifes that were truly their own, and which no Earthly Power had Right to extort from them : Many other Valuable Reli&s, of i neon tefl able Authority being loft then by their Popifh Anceflors, as Proofs of the Freedom of their Con- stitution, of the conftant Claims they made, both in and out of Parliament, to their Inheritance in their Laws, againft the Incroachment of Arbitrary Power ; and when the I aft Extre- mity had call'd them to it, they had never fail'd to vindicate them by the Arms of Refiftance. That fuch had been the Genius of a People, whofe Government was built on that noble Foundation, not to be bound by Laws to which they did not Confent ; that, muffed up in Darknefs and Super ft it ion, as their Anceftors were, yet that Notion feem'd engraven on their Minds, and the ImpreJ/ions fo Jtrong, that no- thing could impair them. That, upon the Reformation of Religion, when all Foreign Power had been aboli(hed,and the Supremacy of the Crown reftor'd to its height by many Ads of Parliament, their Lord- fhips would always find Declarations at the fame time made, of the Rights of the People, particularly that of the 15th of Henry VIII. where 'twas faid, That the Realm o/England is free frovi any Man's Laws, hut fuch as have been devifed,made and or- dain'd within the fame, for the Wealth of it, or fuch other as the People of the Realm have taken at their free If ill and Con- fent, and by long life have bound themfelves to,as the Ancient Eftablffid Laws of the Realm, and none otherwife. He doubted not their Lordfhips would confider thofe Laws, made at that time, to be frefh and remarkable Declarations, and Ratifications, of the Original Contract. That Excellent Conftitution of the Government, having, thro' many Struggles been preierv'd from that Time till then, and the true Spirit of the Englijb Nation ftill kept alive, down to the Times of the late happy Revolution ; At which time the Danger being Iminent, not only to the Laws and Liberties of the Kingdom, but to the Protectant Religion, The Ancient Virtue of the Englifh Nation had exerted itfelf, and ftione Out in its full Lujlre, in that Glorious Work. That the many Laws pafs'd fince, more particularly thofe for the Settlement of the Crown and Succeflion, were fo many irepeated Declarations of their late Majefty's, and Her Majefty then (43) then on the Throne, together with the Reprefentative Body of the Nation, in Confirmation of their Ancient Conftitution ; Nay, they had higher Teftimoniesto appeal to, the many glo- rious SucceiTes with which God Almighty had blefled the Arms of Her moil Sacred Majefty, employ'd in Defence of the Arms of Refinance, were fo many Teftimonies from Heaven in their Vindication. Their Lordfhips might take Notice on what Grounds the Doctor continu'd to aflert the fame Pofition in "his Anfwer. But was it not moll evident, that the General Exhortations to be met with in the Homilies of the Church of England, and fuch like Declarations in the Statutes of the Kingdom, were meant only as Rules of the Civil Obedience of the Subject to the Legal Adminiftration of the Supreme Power in ordinary- Cafes? And it was equally abfurd to conftrue any Words in a pofitive Law to authorize the Deftruclion of the whole • as to expect that King, Lords and Commons fhould, in exprefs Terms of Law, declare fuch an ultimate Refort as the Right of Refinance, at a time, when the Cafe fuppos'd, that the Force of all Law was ceas'd. 1 But the Commons thought he had, by his Anfwer, highly aggravated his Crime, by charging fo pernicious a Tenet, as that of abfolute unlimited N on- Refi fiance, to be a Fundamen- tal Part of the Government, and by afferting that as the Do- ctrine of the Church of England. That it was a great Reproach to the Excellency of the Con- futation, to impute fuch Principles to it as inevitably infer'd its Deilru&ion ; and an equal Difhonour to the Crown of the Realm, the great Glory of which was to be fet over and go- vern a Nation of Free-born Subjects, the meaneil of which had an Inheritance in the Government and the Laws equal with the greateft. " They likewife efteem'd it an high Reflexion on Religion it felf, and the Church of England,xo charge its pureil Dodrines with fuch Conllxudions, by which all Irreligion and Oppres- sion would be Authoriz'd. That, the Commons mufi for ever confider themfelves un- der the ilrongeil Obligations of Gratitude to their great De- liverer, to aiTert the Honour and Juilice of that Refinance, by which he had refcu'd an Opprefs'd People from inevitable Deflru&ion; and thought they fhould not defetve the Name. of Subje&s of Great Britain, or the leaft Blefling of fo good a Government, if at that time before their Lordfhips, and for ever after, they did not affert, in the moft ilrenuous manner, the Honour and Juflice of that Reiiftance which had brought about the late happy Revolution. And upon that Foundation it was, that they doubted not but their Lordfhips would in a Parliamentary (44) Parliamentary way fatten a Brand of indelible Infamy on that enflaving Tenet by which it hath been condemn'd. He declar'd, He would take up lefs of their Lordfhips Time on the following Articles. That, The Commons efteem'd the Toleration of Proteftant Difl'enters to be one of the earlieft and happieft Effects of the late Revolution 3 wifely calculated for the Support and ftreng- thening the 'Protectant Intereft, the great End of the Revolu- tion it felf. They remember'd, with the higheft Gratitude to Her Maje- fty, Her Royal Refolution declar'd from the Throne, to pre- ferve it inviolably ; and they obferv'd their Lordfhips, that it appear'd to them, from a Report on their own Journals of a Conference between both Houfes,on the Bill againft Occafional Conformity (not meant to enlarge the Liberties of Proteftant Diffenters) That the Perfecution of Proteftants was, in the Preamble to that Bill, declar'd to be the contrary to the Chri- Jlian Religion, and the DoSrine of the Church of England, and that the AB of Toleration ought to be kept inviolably • and the Commons found no Exception then taken by their Lordfhips to that Declaration, but on the contrary, many Ex- preflions from both Houfes, highly extolling the Policy and good Effects of that Law. Their Lordfhips would perceive, from the Evidence of the Commons, many plain Declarations of the Piifoner in Main- tenance of that Article ; but ofTer'd it to their Lordfhips, as a further Evidence, that the Doctor moil: fhamefully arraign'd the Memory of a Prelate, Eminent for his Zeal to the Prote- ftant Religion, for his companionate I nterceflions with Queen Elizabeth^ in favour of Diffenting Proteftants; a Reflection plainly meant by him to caft an Odium on the A& of Tolera- tion, and on the then Fathers of the Church, fo Eminent for their Charity and Moderation; and from the Applaufes he gave to the Severities fhown by that Queen, he Illuftrated the Calumny thrown by him on Her prefent Majefty,and Her Approbation of the Toleration : Their Lordfhips might pleafe duly to confider the Malignity of Expreflions meant to con- demn fo good a Law, then ftanding in its full Force, and to encourage the Unchriftian Principles of Perfecution. That the latter Part of the fecond Article was founded on the Legal Supremacy of the Government in Matters Eccleft- aftical, by which all Ecclefiaftical Jurifdiction, by the Ancient undoubted Laws of the Kingdom, had been made Subject to the civil Power. The Prifoner, in Terms very unbecoming, having ft ruck at that ElTential Part of the Conftitution, in thole Words, where- in, after having perfwaded the Superior Paftors of the Church to (45) to thunder out their Anethema's againft Proteftant DifTenters, He defy^d any Earthly Power to reverje fach Sentences. The reftoring the Legal Supremacy of the Crown, he told their Lordfhips was the Effect, of the Reformation of Religion in this Kingdom; and that the Abufe of that Power, to the apparent Danger and Defhuclion of the Church of England, in the Inftance of the late illegal Ecclefiafiical Commiflion, remain'd condemn^ by the Bill of Rights. But the Commons crav'd Leave to obferve, that the Inde- pendant Power, or Jurifdiction of the Church, or of Ecclefi- aftical Judges, being the Doctrine advanc'd by the Prifoner, was not lefs dangerous; as it Hood in utter Defiance and Con- tradiction of Magna Cbarta, and the Laws cf the Land ; was defirucliva of the Legal Supremacy of the Crown and Legifla- ture, a Violation of the Oath of Supremacy, contrary to the Principles of the Reformation, and the Doclrine and Intereft of the Church of England, of which he was a Member. That the Commons were ftrengthen'd in their Concern for the Legal Supremacy, when they call'd to mind Her Majefty's Letter to his Grace of Canterbury of the twenty fifth of Fe- bruary 1705, for Proroguing the Convocation, wherein Her Majelty had been pleas'd to declare Her conllant Care and En- deavours to preferve the ConfTitution of the Church of Eng- land as by Law Eflablifh'd, and Her Refolution to preferve the Supremacy, as being a Fundamental Part of it : And upon thofe Confederations they had an abfolute Affurance of an equal Regard on their Lordfhips Part, to a Matter of fo great Importance. Their Lordfhips might obferve the third Article to be in- cluded within the general Charge of the fourth; But, the Commons being fenfible, with how difUnguiffrd a Malice the Subftance of that Charge was levell'd by the Prifoner, againil; the Honour of Her Majefty and the two Houfes of Parliament^ they had thought it their Duty to Her Majefly to lay that before their Lordfhips in a diftinct Article, for their particular Confederation and Judgment. And when their Lordfnips reflected on the late heavy Cen- fure, which the Queen and both Houfes fo juftly laid on the Authors of the like groundlefs Slander, they would think that the Prifoner, had reviv'd and avow'd the fame, from an Inve- terate pride, to fignalize his Enmity to Her Majefty and both Houfes, and in the moil publick Manner to infult the Honour of the Queen and Legillature at that fame Time that he was endeavouring to fubvert their Foundation. That the Commons would ever fhew the utmoft Jealoufy for the Safety and Honour of Her Majcfl}»s Perfou, and rnuft always efleem it their peculiar Concern to vindicate every Attempt that fhould be made againft it; and affm'd their Lord- ihips (40 fhips they could not be forgetful of that fignal Regard Her Sa- cred Majefly had fhew'd to the Church of England, at the Time of the late Revolution, Of that conftant Uniform Zeal She had exprefs'd for it trom that Day forward, That perpetu- al Monument of Her Royal Bounty to the Clergy ofthe Church of England, to the Diminution of Her own Revenue, nor of Her Royal Care for the perpetual Eftablifhment of its Disci- pline and Worfhip, in making it a Fundamental and EfTen- tial Part ofthe Union of the two Kingdoms : Thefe Things they elleem'd an Abfolute Security, that Her Royal Protection and Affection for the Church c f England could never fail. They doubted not of their Lordfhips particular Notice of the Parallel mention'd in that Article, by which their Lord- fbips would collecl the Inveteracy ofthe Defign, from the Odi- oufnefs ofthe Comparifon. That in the fourth Article, the Commons had laid before their Lordfhips many Charges, which tho*of different Confi- derations, yet all conduc'd to the main Charge of the Com- mons ; As tending to undermine Her Majefty's Government, and to raife Sedition and Rebellion. And their Lordfhips would find, from many and pregnant Proofs fupporting the faid Article, That Her Majefly's Admi- niftration, whereby She had juftly gain'd the Affections of all Her true Subjects, was represented by the Prifoner as deferring the utmoft Odium and Contempt of Her People ; That the Civil and Religious Rights of Her Subjects, which Her Majef ty had protected with the Tendernefs of a moft in- dulgent Mother, were betray 'd by thofe to whom She had committed the Care of them, and that they were in a Con- dition more Calamitous, than at that time, when SuperfU- tion and Tyranny were ready to have fwallowed them up. Their Lordfhips would find him labouring to perfwade the People, that the Condition of Peace and Prosperity, which the good Government of Her Majefty had fecured to Her King- dom, was a State of utter Diffraction and Confufion, wherein all Religion and Diforder was not only unpunifh'd but encou- raged : Nor would their Lordfhips wonder to find a Perfon, who had thus fet himfelf to weaken the Title of Her Majefly to the Throne, reprefenting Her Adminiftration like that of one who had no Title at all : And from that ruinous and almoft irretrievable Poflure of Affairs, their Lordfhips would find him confidering himfelf as a peculiar MefTenger, appointed and cafl'd out to open the Eyes of the deluded People, and to undeceive a Nation thus abufed ; Which he had done, not in the Words of Meeknefs and Peace, not by exhorring them to the Exercife of the fub- jniflive Do&rines of Pafiive Obedience and Non-Refi fiance, (47) but affuring them he did not come to preach Peace, but to found a Trumpet ; and endeavouring to excite fuch true Sons of the Church as were of his Perfuafion, to recover, defend, and maintain, with their Lives and Fortunes, their invaded Rights, and fuch Doctrines as he had thought fit to deliver to them. Mr. Lechmere added, He took Liberty to acquaint their Lordfhips, that the Commons conceiv'd, that the Laws and Statutes of the Realm, and the Order and Peace of Govern- ment, necefTarily enjoyn'd it as a Duty upon all private Sub- jects, to reprefent their Senfe of the Nation's Grievances in a Courfe of Law and Juftice, and not otherwife ; and whenever the Oppreflions became National and Publick, They claim'd it as the peculiar Right of their own Body, to purfue the evil Inftruments of them, 'till publick Vengeance were done 5 and at the fame time, the Commons aflur'd their Lordfhips, that they would account their indifpenfable Duty to Her Majefty, and their Country, to Aflert the Juftice and Wifdom or Her Adminiftration, againft the Enemies of both. Having thus Stated to their Lordfhips the Nature of this Caufe^ he perfuaded himfelf, they perceiv'd therein many Points of the higheft Moment to the Peace and Welfare of the King- dom. The Tendency of the Crimes the Prifoner flood accus'd of, lying Open and Apparent ? But he yet begg'd their Patience, to draw the Scene a little clofer. Their Lordfhips would confider the NeceiTary Confequence of a Pofition, meant and expounded fo as to perfwade the World, that the glorious Work of the Revolution had been the Fruit of Rebellion, and the Wrork of Traitors : Did it not declare the late Reign to have been one continued Ufurpation ? And under what better Circumftances did it bring the prefent? Could the Ad of Toleration be condemn'd, with any other Tendency, than to weaken fo great a Support of the Revolu- tion it (tlf ? And he entreated their Lordfhips, to confider the certain fatal Effects of an univerfal DiiTatisfaclion of the Peo- ple, in Things that concern'd them neareft, the Safety of the Church of Engl and % and the Proteftant Intereft, and the Secu- rity of themfelves and their Pofterity. He granted, That, confider'd at a diftance, there feem'd a Repugnancy in that Gentleman's Syftem. How came it to pafs, that abfolute Non-Refiftance and the Spirit of Rebellion flood fo well together, and were made fo fuitable, in the fame Difcourfe ? But, if their Lordfhips mould difcern, in any Part of the Docl-or's Sermon, any dark Hints, or difguis'd Opinions of a Sole Hereditary Right of Succejjion to the Crown, that would fhew the true Confiftency of the whole $ aud their Lordfhips would find, (48) find, that in the Doclor^s Opinion, the .Duty of Abfolute Non-Refiftance was owing to him only that had the Divine Commiflion to Govern ; and from thence, their Lordfhips could not fail, of knowing againfl what Queen, what Govern- ment, what Eftablifhment, he Encouraged the taking up the Arms of Reilflance. He concluded, He had thus endeavour'd to difcharge the Trull: repos'd in him by the Commons, and was not unfeniible how far fhort he had fallen ^ but he affur'd himfelf that the Caufe could not fufferby it, for its own Strength and Vigour would fupport it at that time, and fo long, he hop'd, as the Nation endur'd. Their Lordfhips plainly faw, that the Duty of the Com- mons, which they would always difcharge, had call'd upon them very loudly, to make Inquifition on fo remarkable an Offender as the Prifoner at the Bar. And it was no lefs plain, they had not acquitted themfelves aright, if they had intruded the Profecution of that great Caufe in any other Hands but their own, or fufFer'd thole Points to have been handled in any place, but in full Parliament 5 or be- fore any other Judicature, but that of their Lordfhips ; And it was with the greateft Chearfulnefs and Security, that they fubmitted the Caufe of the Queen, of the whole Nation, of the Protellant Religion, and Proteftant Succeflion to the Weight and Wifdom of their Lordfhips Judgment. . Then Mr. Attorney General acquainted the Lords* That there were two Sermons deliver'd into the Houfe of Commons, which he defir'd might be deliver'd in, and read to their Lord- fhips, and that Mr. Jodrell would give an Account where he had thofe Books in his Hands. Then Mr. Jodrell was Sworn ^ and depos'd, That thofe two Books had been delivered in at the Table of the Houfe of Com- mons, by one of the Members. Mr. At. Gen. Put the Queflion, whether they had been fhown to Dodor Sacheverell, when he Attended the Houfe? To which, Mr. Jodrell anfwer'd, They had been fhown to him at the Bar of the Houfe. It was again afk'd by Mr. At. Gen. Whether the Doctor did own them to be his Books, or what he did own about them? And Mr. Jodrell reply'd, He had own'd the Sermon preach'd the Fifth of November to be his, and that he directed it to be Printed. Then that Book was delivered In. And Mr. 4t, Gen, faid, There is. another Sermon Preach'd ' v as (49) the Affizes at Derby, which was alfo fnown him at the BaxQ and he ovvn'd it. The Lord-Chancellor afk'd, what they could fay as to the Preface of the other Sermon ? Mr. Jodrell anfwer'd, That the Doftor own'd the Dedica- tion of it to be agreeable with the Dedication of that Impref- fion which he ordered to be Printed. Mr. At, Gen. defir'd that Dedication might be fhown to the Doctor, which if he deny'd, they were ready to prove it by the Printer. But Sir Simon Harcourt told the Lords, The Doctor had own'd the Sermon, and the Dedication of both the Sermons, before the Houfe of Commons j and would not give their Lordfhips the trouble cf hearing any Proof of them. He Did own them. Then Mr, At, Gen. defir'd they might be read. The Clerk read the Dedication of the Derby Sermon ; and the Dedication and Sermon at St. Pauls, The Dedication of the Derby Sermon may be feen before in the Proceedings of the Houfe of Commons • the Dedication and Sermon at St. Pauls are both here omitted, as being in ths Hands of all Men already. When the Sermon and Dedications were read, the Lords Adjourn'd to their own Houfe. On February the 28th, the Lords being come into J^efimin- Jler-Hall, and feated in the Manner beforemention'd, the Serjeant at Arms made Proclamation for Silence 5 and then for Dr. Sacheverell to appear. The Do&or appearing at the Bar accordingly, with his Council, as before. The Lord-Chancellor told the Gentlemen of the Houfe o£ Commons, they might proceed in their Evidence. Then Sir Jofeph Jekyll maintain'd the firft Article of the Charge to this Lffeel:. He faid, Their Lordfhips had the Days before heard the Ar- ticles againft Dr* Sacheverell, his Anfwer, and the Commons Replication, read 5 and the Charge being opened, their Lord- ihips like wife heard the Doctor's Sermon preachd at St. Payls, and the Dedication of his Derby Sermon • fo that the Cafe was then fully before them. That the. Part affign'd to him, and fome other Gentlemen, was to maintain the flrft Article of the Commons Charge. The Method he mould take would be, firft, to fhow the Im- portance of that Article : Secondly, to clear up and vindicate the Juftice of the Revolution ; And, thirdly, to State the Evi- dence or Proof of the faid Article, which charg'd the Docloy ^ith traducing and condemning the Revolution, p m (50) He thought fit to premife, that the Commons could not but think it hard, that in that AiTembly of the Britijb Nation, they fhould after more than twenty Years Enjoyment of the Benefits arifing by the Revolution, in that Place, and at that Time, be forced to plead in Vindication of the Jullice of that Revolution : But fince they mull give up their Right to the Laws and Liberties of the Kingdom, or, which was all one, be precarious in the Enjoyment of them, and hold them only during pleafure, if the Doftrine of unlimited Non-Refillance prevailed, the Commons had been content to undertake that Profecution ; and they who fhar'd in the Legiflature with their Lordfhips, had put themfelves into the Condition of Suiters for Juftice againft that Offender, in whom their Lordfhips would find the Reverfe of a true Briiijl? Subject .• For fuch an one was dutiful and fubmiflive to his Prince, and true to" the Liberty of his Country ; but in that Criminal their Lordfhips would find virulent Fatlion, and flavifh Sub- miiTion. As to the Importance of that Article, their Lordfhips were tightly told the Day before that the whole Charge center'd in that Article. If the JufHce of the Revolution were ella- bliuYd, the Toleration would be rejpic'd in by fome, and ac- £]uiefc'd in by all ; the Refolutions of the two Houfes of Par- liament would have a jull Regard fhown to them ; Her Maje- ily's Adminiilration would be no longer defanVd, nor would that unhappy Diilinclion of Paities be capable of being height- «ed amongff. us. But if the Jufiice of the Revolution, which is our Foundation, were quellion'd, every thing built on it "would in fome Degree be fhaken, and Occafion given for Dif- putes and Factions, never to be ended but by a total Subver- sion of the Constitution. That as it was felf-evident that the Honour of Her Ma jelly's Government flood upon the JufHce of the Revolution, lo did the Peace and Tranquility of it depend upon that alfo. The Commons might appeal to their Lordfhips, and the whole Nation, inthisMatter : From what Quarter it was that all that Oppofition and Obilruclion to the Adminiilration of the late King, and Her prefent Majefly had come ?- Had it not been from thofe who had quefbon'd the Lawfulnefs of the Refin- ance made ufe of in the Revolution ? Whofe Purfuit after Power was indefatigable, and to obtain which they would make a willing Sacrifice of the Common Liberty ; whilft o- thers who had a contrary Principle, and were convinc'd of the Jullice of that Proceeding, had aded a quite contrary Part. Had they not contributed every thing in their Power to firengthen the Government in Her prefent Majefty's Hands, as well as the late King's, and that with a. Zeal and Conftancy through C$* ) through feveral Changes, which nothing but a Principle coukl infpire ? How much was owing to that Zeal in promoting the Settlement of the Proteftant Succeflion, and how little to the contrary Principle, every fyne that remember'd the State of Things at the End of the late King's Reign could tell. Upon the prefent Queftion therefore depended their prefent Happi- nefs, and future Hopes. Had not this Principle of unlimited Non-Refiftance been revivM by the profefs'd and undifguis'd Friends of the Pretender? Had it not been profeeuted, with an unufual Warmth, iince his Attempt upon Her Majefty's Crown ? Could the Pretender have any Hopes, but from the keeping-a4iv^4iich. Notions ? Or could the Queen's Title ie- ceive any Advantage from them ? Or could it be feafonable to preach this Doctrine in the Reign of the belt of Princes, which could be of no ufe to any but the word ? That in clearing up and vindicating the Juftice of the Revo- lution, which was the feeond Thing piopos'd, it was far from the Intent of the Commons to ftate the Limits and Eounds of the Subject's SubmiiJion to the Sovereign. That which the Law had been wifely filent in, the Commons defir'd to be fi- lent in too ; nor would they put any Cafe of a juftifiable Re- fiftance, but that of the Revolution only ; and they perfwaded themfelves that the doing Right to that Refinance would be fo far from promoting popular Licence or Confufion,that it would have a contrary Effect, and be a Means of fettling Mens Minds in the Love of, and Veneration for the Laws, to refcue and fecure, which had been the only Aim and Intention of thole concerned in that Refinance. To mate out the Juftice of the Revolution, it might be laid down, that as the Law was the only Meaiure of the Prince's Authority, and the Peoples Subjection, fo the Law deriv'd its j Being and Efficacy from common Confent. And to place it en any other Foundation than common Confent, was to take i away the Obligation the Notion of common Confent, put both Prince and People under to obferve the Laws : And upon this | i'olid and rational Foundation the Lawyers in all Ages had | plac'd that Obligation, as sppear'd by all our Law-Books. j But inftead of this, of later Times, Patriarchical and other I Fantaftical Schemes had been framed, to reft the Authority of the Law upon, and fo Queftions of Divinity had been blen- i ded with Queftions of Law ; when it was plain, that Religi- on had nothing to do to extend the Authority of the Prince^ or the Submiflion of the Subject, but only to fecure the Legal Authority of the one, and enforce the due Submiflion of the i other, from the Confideraiion of higher Rewards and heavier \ Punifhments : And if that Diftinclion were attended to, it might ferve to bury the ufelefs Labours^ to fay no worfe of D 2. ilremj (50 them, of feveral Divines, and others, on thofe Subjefls, in utter Oblivion. That nothing was plainer than that the People had a Right to the Laws and the Confiitution. This Right the Nation had afferted and recover'd out of the Hands of thofe who had difpolTefs'd them of it at feveral Times. There were two famous Inflances of it in the Knowledge of the prefent Age, that of the Restoration, and that of the Revolution 5 in both which great Events the Regal Power, and the Rights of the People were recover'd : And it was hard to fay in which the People had the greateft Intereft ; for the Commons were fen- fible that there was not one Legal Power belonging to the Crown, but they had an Intereft in it ; and he doubted not but they would always be as careful to Support the Rights of the Crown, as their own Privileges. That the Confiitution was wholly loft before, and recover'd by the Re iteration, was known to all ; and before the Revo- lution, it was known how Popery and abfolute Power had invaded the Confiitution. The Regal Supremacy, of fuch abfolute Neceflity to preferve the Peace of the Kingdom, had been difdaim'd, and the papal Supremacy, by a folemn Em- bafTy to Rome, own'd and acknowledge, and no Footfieps left of the Regal Supremacy but that which was worfethan nought, an Illegal High-Commiflion Court : And at that time the Popular Right?, in almofl all the Species of them, were inva- ded. That great Privilege of the People, on which all others depended, that of giving their Confent to the making new, or repealing old Laws, had been invaded ; and a difpenfing Power, fuch as rendred all our Laws precarious, and at the "Will of the Prince, exercis'd. Thofe, and many more A&s of abfolute Power, were mention'd in that Acl: of Parliament, call'd The Bill of Rights. It would be to mifpend their Lord- ihipsTime, to mention all the Inflances there given : For the whole Tenor of the Adminiflration then in being, had been agreed by all to be a total Departure from the Confiitution, the Nation at that time being united in that Opinion, all but the Criminal part of it. And as the Nation join*d in the Judg- ment of their Difeafe, fo they had done in the Remedy. They faw no Remedy left but the lafr ; and when that Remedy took place, the whole Frame of the Government had been reftor'd inure and unhurt. This fhew'd the excellent Temper the Nation was in at that Time, that after fuch Provocations from an Abufe of the RegaJ Power, and fuch a Convulfion, no one part of the Conllitution had been altered, or fufler'd the Jeafl Damage, but on the contrary the whole receiv'd new Life and Vigour. That as the Doclrine of unlimited Non-Re fill a nee /had been implicitly renounced by the whole Nation in the Revolution, fo (53 ) fo diversAcls of Parliament afterwards had pafs'd exp refling that Renunciation. He begg'd Leave to read a few PaiTages out of the Laws that were then made : In the Firft of King William and Queen Mary, was the Act for abrogating the Oaths of Supiemacy and Allegiance, and appointing other Oaths. By that Acl: the Declaration enjoy n'd to be taken by feveral Ads in the Time of King Charles the Second to this Purpofe, That it is not lawful^ on any Pretence rvhatfcevery to take up Arms againfi the King, was taken away. Then in the fecond Seflion of that Parliament was the Acl: for decla- ring the Rights and Liberties of the Subject : In that A8: Notice was taken that the late King James did endeavour to fubvert and extirpate the Proteftant Religion, and the Laws and Liberties of the Kingdom, and the particular Inftances of Male- Ad mini ft ration were fet forth; then it declar'd,that that Unhappy Prince had abdicated the Government, and thc Throne was thereby vacant ; and that it had pleased Almigh_ ty God to make the Prince of Orange the glorious Inftrument of delivering the Kingdom from Popery and Arbitrary Power% And if the Inftrument, who brought about that Deliverance," were ftil'd Glorious, furely the Means us'd by him were in Confequence approv'd and applauded ; and his late Majefty was mention'd as the fame glorious Inftrument in the Acl: for pay- ing the States-General the Charges of his Expedition : And furely this was an Approbation of the Means us'd by him, when that Acl: charg'd the People with Six hundred Thoufand Pounds for thofe Means, viz. the Force he brought along with him. But if it ihould be thought thefe Words were too general, and did not particularly approve the Refiftance at the Revolution, there had come a memorable Occafion when the Parliament had that Particular under their Confideration ; and that was when they were confidering whether they fhould meddle with fo tender a thing as the taking away the Benefit of the Law from a great many of the Subjects of the King- dom, which was done by an Acl: in the fame Second Seflion of that Parliament, intitl'd, An A3 for preventing vexatious Suits againji fuch as acted in order to the bringing in their Majejlies, or for their Service. There they took Notice, that at the rime of his Majeftv's glorious Enterprize for deli- vering this Kingdom from Popery and Arbitrary Power, and in Aid and Pursuance of the lame, divers Lords, Gentlemen, I and other good People well affected to their Country, had ac- ted as Lieutenants, Deputy-Lieutenants, Juilices of the Peace, i or other Officers, Civil or Military, tho1 not fufficiently Au- thorize thereunto, and had Apprehended and put in Cuftody feveral criminous and fufpected Perfons, and ieiz'd and us'd divers Horfes, Arms, and other things, and entei'd into the Houfes and Pofleffions of feveral Perfons, and Quarter'd zivX P 3 cau5*4 (54) caUsM to be Quarter'd Soldiers and others there, which Pro-? ceedings in Times of Peace and common Safety would not have been warrantable ; yet that Ad declar'd they were ne- cefiary in regard of the Exigence of publick Affairs, and ought to be juftify'd, and provided an Indemnity for thofe who ac- ted in that Refinance from the A&ions that might be brought by their Fellow-Subje&s. That he fhould conclude this Head with taking Notice of the Form of Prayer, appointed by Royal Authority, for the Fifth of November, then doubly memorable ; There were in that Form not only Thanks ofter'd to Almighty God for the Revolution, but for the Succefs given to thofe Means that were us'd to bring about that wonderful Deliverance ; what elfe was the Meaning of thanking God for giving his late Majefly a fafe Arrival here, and making all Opposition fall before him 'till he became our King and Governour ? But not with (landing the Juftice of thofe Steps that were taken to brinif about the Revolution, notwithitanding the Temper and Prudence fhewn in the Settlement of ir, and the Sanction fince given to it, not only by the Royal but the whole Legiflative Authority, Doctor Sacheverell had con- demn'd the Refinance, ( which was the Principal, if not the only Means ) by which that Deliverance had been wrought, "which was the laft Thing he propos'd to fhew to their Lord- ihips. That this Article was divided into three Branches ; fir ft, the general Charge, That he Suggejled and Maintained that the Necejfary Means us*d to hring about the Revolution were Odious andUnjvJlifiable : The fecond and third Branches were Particulars of that General, ( viz.) That his late Majejly dif- clahn^d the leajl Imputation of Rejiftance, and that to impute Refijlance to the Revolution, was to cajl black and odious Co- lours upon his late Majejly and the f aid Revolution. That to maintain this Article, he would not repeat the par- ticular Words of the Sermon, in order to the Application of them, that being a Province affigned to another Gentleman, who would fpeak after him, but fhould offer to their Lord- ihips what he apprehended to be the clear Senfe and Meaning of thofe PalTages in the Sermon which maintsin'd that Article; That in the eleventh Page of the Quarto Edition, he lay 'd down a general Pofition of the utter Illegality of Refinance, upon any Pretence whatsoever ; he faid there weie fome who de- ny'dthis Pofition, who were new Preachers and new Politic cians, who taught divers Antimonarchical and pernicious Doctrines; he went on, and faid, they did not only deny this Pofition, but urg»d the Revolution in Defence of their Denial, that is, by producing that as an Inflance of a juftifiable Refin- ance $ then he exclaim'd againft thole Men as endeavouring to (55) to caft Black and Odious Colours on the late King and Revo* lution, whereas he faid the King had difclaim'd the leaft Im- putation of Refinance by his Declaration, and the Parliament had difown'd it, declaring they only fill'd a vacant Throne, without taking Notice how it became fo, and had burnt a Book which alledg'd Conque ft, becaufe it had that Ingredient of Refiftance in it. That this Extrad out of the Sermon made out the firfl Ar- ticle, which was his condemning the Refiftance, by the Com- mons call'd the Necefiary Means usM to bring about the Re- volution. For firfl:, that general Pofition of his condemn'd Refinance in any cafe whatfoever. Secondly, he introduc'd fome as denying that Pofition, and faften'd a vile and odious Charader upon them. Thirdly, he made thofe that deny'd that Dodrine objed to it an Authority or Prefident of a law- ful Refiftance, viz. that at the Revolution; but, this he did only to give up the Lawfulnefs of that Refiftance, and condemn that as well as any other : For, Fourthly, he anfwer'd this Objediont by denying there had been any Refinance in that Cafe, a Fad as clear as the Sun at Noon day, and which all the Nation had feen and rejoyc'd at. He Drought the late King and the Parliament to witnefs, againft any Refiftance in the Revolution ; and yet had lhewn by two Quotations out of the Prince of Orange's Declaration, one in his Anfwer, and the other in the printed Sermon, that his late Majefty had been fo far from difclaiming Refiftance, that he had avow'd itt and invited the Subjects of this Kingdom to join in that Refiftance; for in his Anfwer, he-cited that PalTage in his Declaration, wherein his Majefty took Notice that he carry'd a Force with him, fufficient, by the BlefTmg of God, to defend him, from the Violence of Evil Counfellors, and that he defign'd that Ex- edition to oblige King James to call a free Parliament 5 and y his Quotation of another PalTage in the Prince of Orange's Declaration, it appear'd his late Majefty had been, by divers Subjeds of King James's, Invited to and Aftifted in that Ex- pedition, which being an Expedition by Force, to oblige that King to call a Free Parliament ; had carry'd in it a plain and manifeft avowing of Refiftance. As to what he faid in Rela- tion to the Parliament's difowning any Refiftance at the Revolution , by afterting that they fet the Crown on the King's Head, on no other Title than that of the Vacancy of the Throne, that appear'd to be diredly otherwife from the feveral Paffages m diveis Ads of Parliament which he had be- fore mention'd -to which he only added that in the Confe- rence between the two Houfes, previous to the fettling the Crown on the King's Head, the Word Abdicated had been in- filled upon and carried, for that it included in it the Male* Adminiftration of King James t which the Word Deferted(dz-> V j fii'4 1 ( 56 )\ £r'd to be us'd inftead of it) did not ; and this appeai'd by the Journal. He therefore knowing that there had been Refift- ance in the Revolution, and the late King and the Patliament had avow'd that Refiftance, and he pretending to defend it on- ly by denying thofe Fads, had by a neceffary Implication af- ferted, That that Refiftance was not an Exception to his gene- ral Rule, but flood condemn'd by it. That he would net enter upon the Confideration of the Doc- tor's Anfwer to that Article, becaufe he did not know whether his Council would think fit to abide by it, nor would he med- dle with any Thing that was proper for the Reply. The Sum of the whole Proof being this, That the Doclor lay'd down a Do&rine condemning Refiftance in all Cafes "whatfoeyer 5 he made thofe who deny'd this Doctrine, AfTer- ters of Antimonarchical Principles ; he took Notice of the Re- volution, only to give it up 5 he admitted that if there had been Refiftance in that Cafe, it was as unlawful as any other Refiftance; he afferted that to be true, which every one knew to be falfe ; he faid the late King difclaim'd the leaft: Impu- tation of Refiftance, the Parliament difown'd it, and that they "who faid there was any Refiftance in it, did caft: Black and Odious Colours on the late King and the Revolution, and con- fequently he condemn'd the Refiftance us'd to bring about the Revolution, which was the Matter of the firft Article. That this was what the Commons rely'd upon, to maintain and make out the firft Article of their Charge againft the Cri- minal at the Bar, and they referr'd the Confideration of it to their Lordfhips Wifdom and Juftice. Next Mr. Sollicitor General acquainted the Lords, That it fell to his fhare, to ftate to their Lordfnips the feveral Pafia- ges in the Sermon preach'd at St. Pauls, which the Commons rely'd upon as a Proof of the firft Article 5 and to fhew the par- ticular Weaknefs and Inefficiency of the Anfwer given to the Charge. The Charge was, That the Gentleman at the Bar did Suggeft and Maintain, That the neceffary Means us'd to bring about the late happy Revolution were Odious and TJnjuftifiable ; That his late Majefty in his Declaration difclaim'd the leaft: Imputation of Refiftance : and, That to impute Refiftance to the Revolution, was to caft Black and Odious Colours upon his late Majefty and the faid Revolution. That the 'Paffages upon which the nrft Article was founded, were in the elevemh and twelfth Pages of the Sermon, where Doctor Sacheverell having firft afTerted, That the grand Seen* 'iity of our Government , and the very Pillar upon which it flood was founded upon the Jleady Belief of the Subjects Obligation to tin a^folv.te and unconditional Obedience to the Supreme Power in all things lawful, and the utter Illegality of Refiftance upon (57) any Vretence whatfoever, which, He faid had been lately ex- ploded and ridicul'd, we nt on in thefe Words : Our Adverfaries think they effectually flop our Mouths, and lave us fur e and unanfwerable on this Point, when they urge the Revolution of this Day in their Defence ; hut certainly they are the greatefl Enemies of that, and his late Majefty, and the mojl ungrateful for the Deliverance, who endeavour to cajl fuch Hack and odious Colours upon both : How often Tfiuft they he told, that the King himfelf folemnly difclaim^d the leaft Imputation of Refinance-, in his Declaration ; and that the Parliament declared that they fet the Crown on his Head upon no other Title hut that of the Vacancy of the Throne ; and did they not unanimovfly condemn to the Flames that infa- vious Libel that would have pleaded the Title of Conquejl, by which Refiflance was fuppos'd ? That the Commons apprehended thofe "Words to be a full Proof of the AlTertions charg'd in the firft Article, for as much as Refinance had been the neceffary Means us'd to bring about the Revolution. And the Doftor exprefly affirm'd in that Place, that the King difclaim'd the leaft Imputation of Refinance ; he avert- ed it as a Thing notorious, which no Body could be a Stran- ger to ; he faid, the King difclaim'd it folemnly, he difclaim'd it in his Declaration. And he as plainly affirm'd, That to impute Refiftance to the Revolution, was to caft Black and Odious Colours upon his late Majefty and the Revolution; for he firft lay'd down the utter Illegality of Refinance upon any Pretence whatfoever, as a Fundamental Doclrine; and then acquainted his Auditory, that his Adverfaries thought they could effectually ftop his Mouth, and had him fure and unanfwerable On this Point, when they urg'd the Revolution in their Defence ; but that they were the greatefl Enemies to the King and to the Revo- lution, who endeavoured to caft fuch Black and Odious Colours upon Both. That this Point which he faid his Adverfaries thought they had him fure and unanfwerable upon, was plainly the Point of Refiftance, which he had aflerted to be illegal upon any Pre- tence whatfoever ; and others, he faid had deny 'd, and had urgcd the Revolution in their Defence. And the urging of the Revolution in that cafe, as an In- ftance of the Legality of Refiftance, in.Oppcfition to his gene- ral Doftrine, was what he call'd cafting Black and Odious Colours upon the King and the Revolution, for his Argument ?an thus; All Refiftance is utterly Illegal, the King difclaim'd the leaft Imputation of Refiftance, the Parliament fet the Crown upon his Head upon no ether Title than that of the Vacancy of the Throne, and burnt a Bock becaufe it afferted a Title (58) Title by which Refinance was fuppos'd, and therefore to im- pure Refinance to the Revolution, is to caft Black and Odious Colours upon his late Majefiy and Revolution. This, Mr. Sollicitor General proceeded to tell their Lord- fhips, was the Force of the Doctor's Reafoning, arid the plain and obvious Senfe of that part of the Paragraph, and therefore fully made out the Charge of his averting and maintaining, that to impute Refinance to the Revolution, was to caft Black and Odious Colours upon his late Majefiy and the faid Revo- lution. That he came next to confider the Anfwer the Doclor made to that Article, which he -divides into three parts. Andftrft, he deny^d that he did Suggeft and Maintain, that the neceffary Means us*d to hring about the happy Revolution were Odious and Unjvftifiahle ; and faid, That he did not affirm in any part of that Sermon any thing concerning the neceffary Means us'd to hring about the happy Revolution \ the faid Henry Sacheverell being fo far from Refecling on his late Ma- jefiy or the happy Revolution, that he endeavoured in that Ser- mon to clear the Revolution, and his late Majefiy, fiom the Black and Odious Colours which their great eft Enemies had caft upon Both, The material Part of the Anfwer To that Branch of the Ar- ticle was, That he deny'd his maintaining that the neceffary Means us*d to bring about the Revolution were Odious and Un- juftifiable, and his affirming any thing concerning thofe neceffa- ry Means. But that this was no more than faying that he had affirm'd nothing by the Words Neceffary Means: And 'twas very true that the Wqjds Neceffary Means were not us'd in any part of the Sermon.- But no Body would fay that 'twas requi- site to Charge the AiTertion in the very Words. And therefore if Refiftance had been neceffary, and the Means us'd, in that extraordinary Cafe of the Revolution, he had aflerted the Means to be Odious and Un juftifiable, tho' he had done it in other Terms, and by Words more particular and exprefs. And as to that Part of the Article whereby he was charged with Suggefting and Maintaining, That his late Majefiy in his Declaration difclaim'd the leaf imputation of Refiftance : He acknowledged him f elf to have made that Svggefticn\ but faid, he made it not in Diftonour, but in Vindication of his Majefty , the Refiftance he reprefented the King to have Dif- claimd, being fuch a Refiftance as tended to the Conqueft of this Realm ; for which he refold to that part of the Declaration, Printed at the bottom of the eleventh Page in the Sermon; and upon that Ground he obfervH, that there thefe other P off ages in the Declaration We have thought fit to go over to Eng- land, and to carry over with us a Force fufficient, by the Blef- J*1£ C59) Kng of God, to defend our f elves from the Violence of evil Coun~ ceUors. We think fit to declare, that this our Expedition is intended for no other Defgn than to have a free and lawful Parliament Jffembled. That in that part of his Anfwer Do&or Sacheverell admit*- ted he made the Suggeftion charg'd upon him, in the fame Words us'd in the Article ; but defended himfelf by alledging, that the Commons had miftaken his Meaning He meant only, that the King Difclaim'd a Refinance which tended to Conqueft. I Whereas it was clear and plain, that the Words had no fuch limited or reftrain'd Senfe, and that the Meaning he would then put upon them was a meer Shift and Evafion ; for the Proportion was General, The King Difclaim'd the leaft: Im- putation of Refinance: And the ufe he made of it fhew'd that his Meaning was General as his Words ; for he was Reply- ing upon thofe who urg'd the Revolution in Anfwer to his general Pofition, That Refinance is utterly illegal upon any Pretence whatfoever; and how did he anfwer the Cale of the Revolution, or was it poiTible to be anfwer'd, but by faying, that there was no Refinance at all in the Revolution ; the King, who was principally concern'd in it,difclaiming the leaft Imputation of Refinance? The Que ft ion was ftated upon Refiftance in general; whe- ther Refinance in any Cafe, or upon any Occafion, were lawful. And therefore, if the Lawfulnefs of Refiftance in any Cafe were allow'd, 'twas impofTible that his general AfiTertion ihould Hand; and 'twas equally impoffible to get clear of the Objection, without denying the Refiftance. That Dodor Sacheverell had been aware of that, and there- fore deny'd there was any Refiftance at all in the Revolution, and faid, That the leaft Imputation of it was iblemnly dif- claim 'd and difavow'd. For had he faid, in exprefs Terms, that the King difclaim'd all Imputation of Refiftance that tended to Conqueft, that would have been no Anfwer to the Objection: For if theie was any Refiftance, tho* not the particular Refiftance which the King difclaim'd ; and if that Refiftance which was us'd. were agreed to be lawful, his fundamental Doclrine muft cer- tainly have been fhaken : And therefore, if their Lordfhips fuppos'd "him to make any ufe at all of that AlTertion, his Words plainly fp eke his Meaning, and reprefented the King to have dilclaim'd all Refiftance whatfoever. But he excus'd the making that Suggeftion, by declaring, That He made it not in Dijbonour hut in Vindication of His Majejly • and therefore whether he was miflaken 01 not in ex- pejjhig himfelf, as if the late King had difclaim'd all Imputa- tion of Refiftance > when he meant thereby, that the late King difclaim'd (6o) Siifclaim'd the Imputation of a Defign of Conqueft, he humify Zonceivd fuch a Suggeftion, plainly defign d for the Honour of the late King, could not in any reasonable ConftruBion he thought a RefieBion upon his faid late Majefty, or deerrid any high Crime or Misdemeanor. That, Had thofe Words been fpoken in Vindication of-his late Majefty, the Commons, who had fo much at Heart the Honour of the late King, and the Juftice of the Revolution, had never charged them upon that Gentleman as a Crime. But they carry'd with them the higheft Reflection upon the Honour and Juftice of his Majefty ; as fuppofing that he de- ny'd the Lawfulnefs of Refinance when he was actually en- gag'd in it, and diiclaim'd the leaft Imputation of Refinance when he brought over an Army on purpofe to maintain that Refi fiance, to which all the People of England were invited and encourag'd by his Declaration. And that Aflertion,of the King's difclaiming all Refinance, could never have been meant in Vindication of his Majefty from any Imputation of a Defign of Conqueft \ there being no Occafion for vindicating the King upon that Point, the Subject Matter of the Difcourfe not leading him to it; for the Bufi- nefs of the Sermon, or of that particular Paragraph, was not to vindicate the Honour of the King from any fuch Afperfion, or to maintain the Liberties of England, by aflerting, that the Conftitution of Government Hill remain'd, and was not broken and diiTolved by Conqueft at the Revolution : For had that been his Ground, his Miftake had been more excufable ; be- caufe then it had been proper to have urg'd that there was no Step taken towards the Revolution, which look'd like a Defign of Conqueft ; and that the arm'd Force us'd in it, and which had the Appearance of fuch a Defign, was not intended to conquer; for the King, who commanded it, difclaim'd all Imputation of Refiftance that tended to Conqueft. Upon fuch a Queftion thofe things had been very properly urg'd, and there might have been fome Indulgence to a general Exprefiion, that in any Propriety of Speech could have receiv?d fuch a Meaning. But when the Queftion was not, Whether the Revolution was brought about by Conqueft, or what would be the Confe- rence of fuch an Affertion, either in regard to the Honour of the King, or the Condition of the People, there could be no Colour for faying that he meant by that general Expreflion, carrying no fuch Meaning in it felf that the King diiclaim'd Conqueft, or a Refiftance which tended to Conqueft only. Eipecially, when the Subject Matter of his Difcourfe natu- rally led him to affert that Proportion in the common and ordinary Senfe which the Words imported : For he was avert- ing Dodrine of abfolute Non-Refiftance, and fhewing, that the lawfulnefs of the Revolution was no Argument againft it: and ($1) and why ? Becaufe the King difcliam'd the Jeaft Imputation of Refinance, there was no fuch wicked Ingredient as "Refinance in it; no other Anfwer would have ferv'd him, and therefore it could never be fuppofed that he meant to clear the King from any Defign of Conqueft, or intended to fay any thing in Vin- dication of his Majefty upon that Head. Befides, It was an apparent Scandal upon the Memory of the late King, to fay there was any Occafion to clear him from that Imputation ; his Anions fpeaking the Juflice and Since- rity of his Intentions; his Bufinefs being not to conquer and enflave, but to deliver us from Popery and Slavery, the mod dreadful Calamities that could befal us, and to refettle and efta- blifli our Conftitution both in Church and State. This being the Ground of the Glorious Enterprize he undertook, and the general Aim and Defign of all his Labours thro* the whole Courfe of his Reign. It was therefore plain, in his Opinion, that what Dodlor Sa- cheverell faid in his Anfwer, in Excufe of his AfTertion, rela- ting to the King's difciaiming all Imputation of Refinance, was rather made to the Difhonour, than in Vindication of his Ma- jefty ; there being no Colour to fuggeft that he needed any fuch Vindication or Defence. And that the King did not difclaim all Imputation of Reli- gion was evident, even from that part of his Declaration which was cited in the Anfwer, whereby He declared to the People (to encourage them to join with him) that he had brought over a fufjicient Force to defend hhnfelf from the Vio- lence of evil Councellors, • And that his Expedition was defign d to have a free and lawful Parliament ajfembled, which was a plain Force upon the Executive Power that was diretted by thofe evil Counfellors, who by fubvertivg the Liberties of Corporations, and praclijing upon the Freedom of Elections, never intended that any fuch free or lawful Parliament Jljould be ajfembled. This was plain Refinance in the Senfe that Doclor Sache- verell took the Word, and fo far from a Juflification, that there was no Colour to fay, that his Majefty difclaim'd the Jeaft Imputation of Refinance. As to the laft Branch of the Article, whereby he was charg'd that he fuggefted and maintained, J/; dtf to impute Refinance to the Revolution, was to cajl black and odious Colours upon his Majefiy and the faid Revolution, he deny^d that he fuggejled or maintain *d any fuch Pofition. But this Negative was fully anfwer'd by what had been of- fer'd to their Lordfhips upon the firft Head of that Article, his aliening that the neceflary Means us'd to bring about the Revolution were odious and unjuflifiable ; for if Refinance were utterly illegal upon any Pietence whatfoever, and there had (62) had been Refinance in the Revolution, it neceflarily follow'd, that to impute Refinance to the Revolution was to caft black and odious Colours upon it: And this was exprefly aflerted by his Hating the Cafe of the Revolution, in which there had teen Refinance, as an Objection to his general Doctrine of Non- Refinance upon any Pretence whatfoever; and then an° fwering this Objection, by faying, That the urging of the Revolution, as an Inftance of the Legality of Refiftance, was calling black and odious Colours upon his late Majefty and the late Revolution ; For no black or odious Colours could have been caft but from the fhaking that fundamental Doctrine of Abfolute Non-Refiftance, the Belief of which he aflerted to be the Pillar upon which the Government of England flood. And therefore the imputing of Refiftance to the Revolution muft, according to the Principle by him lay'd down, have caft black and odious Colours upon the Revolution, and upon the great and glorious Inftrument of it, his late Majefly by whom it has been happily brought about. And Doctor Sacheverell himfelf, by the fubfequent part of hisAnfwer; feem'd to flunk that this Aflfertion was fairly and plainly inferr'd from the Tenor of his Difcourfe. For he was pleas'd to excufe it, by faying, That he intended to apply it not to fitch Perfons as imputed Refinance to rhe Revo- lution, of whom he tiffin? d nothing ; But to thofe new Preach- ers, and new Politicians xwho taught in Contradiction loth to the Go/pel and the Laws, that the People had the Power invejled in them, the Fountain and Original of it, to cancel their Al- legiance at their Pleafitre, and call their Sovereign to account for High~Treafon againjl his Suhje&s, and who urg'd the Re- volution in Defence of fitch Principles ; and that, unlefs thofe who imputed Refiftance to the Revolution, were the fame with thofe new Preachers and new Politicians, he affirm* d nothing concerning them. But, this part of his Anfwer was far from excufing or ex- tenuating his Crime ; for if a Propofition were true, it would lofe nothing of its Weight and Force, tho' the vileft Man upon Earth fhould make ufe of it; and it could be no Argu- ment againft a true Principle, that it had been made ufe of to ill Purpofes, and to maintain Pofitions which were net war- ranted by it: It was farther an Aggravation of his Crime, and a high Reflection upon the Commons, and the Juftice of their Proceeding, to fuppofe that any fuch wicked Confecuence as he mention'd could poflibly be inferr'd from defending the Refiftance at the Revolution: And the Queftion was, whether Doctor Sacheverell himfelf aflerted, that to impute Refiftance to the Revolution was to caft black and odious Colours ujon it ; and not, of whom he affirm 'd the calling fuch black and odious Colours. Mr.- Mr; SoUicitor General went on to the laft part of the Doctor's Anfwer to that Article, where he laid, That upon tie ftriflcft Search into his [aid Sermon preached at St. Pauls, he did net find that he bad given the leaft colourable Pretence for the Accufation exhibited againft him in the [aid fir ft ArtU cley but barely by his averting the utter Illegality of Refiftance to the Supreme Power upon any Pretence whatfoever ; for which he conceived he had the Authority of the CJrurch of England, which had taught and inculcated that BoBrine in her Homi- lies.- . And he did farther infift, That his Ajfertion was a- greeable to and warranted by the Common-Law of England, and divers Jcls of Parliament ft ill remaining in full Force. To which the faid Mr. SoIIicitor General reply'd, That it muft be agreed there was no colourable Pretence to Charge him with Suggefting and Maintaining that the Refiftance us'd at the Revolution was Odious and Unjuftifiable, if the Do- clrineofthe utter Illegality of Refiilance upon any Pretence whatfeever were true ; for upon that Principle his Cenfure was juft, and it would necefTarily follow, that the Refiftance us'd in bringing about the Revolution was not to be main- tain^. And therefore the Commons fliould have thought themfelves ungrateYul for the Deliverence, if they had not vindicated the Honour of the late King, and of thofe Illuftrious Perfons, who upon his Invitation defended the Conftitution at that Time b7 Refiftance, and declar'd that Refiftance was Lawful, Honoura- ble and Juft, They had Reafon to hope, that after fo many Years pafs'd in a happy Enjoyment of all the Advantages of a Free-born People, and at a Time when the Subjects of this Kingdom were in the full PoiTefiion of their Rights and Liberties under Her Majefty's Gracious Protection, and the wifeft and happieft Adminiftration that England ever faw, that no Body could have been fo wicked as to caft an Odium upon the necetfary Means whereby thofe Bleflings had been obtain'd, and were continu'd to us; But fince, notwithftanding our blefTed De- liverance from Popery and Arbitrary Power, and the Benefits we enjoy'd by reftoring the Conftitution both in Church and State, and above all, by Her Majefty»s happy Adminiftration, which had improved the Luftre of the Crown to the Honour of the Nation, and the common Benefit of every particular Sub- ject, yet there were Men of turbulent Spirits, Enemies to the Revolution, who were continually urging the Refiftance then us*d as a Fundamental Error, fatal to every Thing that had been built upon it; this ftruck fo directly at the prefent Efta- blifhment, that the Commons thought it their indifpenfable Duty to demand their Lordlhif s Judgment upon that impor- tant Subiecl. And And they thought it the more neceffary at that Time, be* caufe it was plain and obvious to every ones Obfervation, that fince the late Attempt made by the Pretender, that Principle of the utter Illegality of Refiftance upon any Pretence whatfo- ever had been efpous'd and maintain'd with more than ordi- nary Warmth and Zeal $ and the Commons apprehended it could have mo other Aim or Tendency than to blacken the Re- volution, and thereby to fhake the Foundations of the prefent happy Settlement. He therefore defir'd their Lordfhips would, in their great "Wifdom,coniider the Confequences of that AfTertion3in regard to Her Majefty , the Proteilant Succeilion , and the future Happinefs of the Kingdom. He told them, the Commons mufi always refent, with the utmoft Detefhtion and Abhorrence, every Pofition that might fhake the Authority of that Acl: of Parliament, wheieby the Crown was fettled upon Her Majefty, and whereby the Lords Spiritual and Temporal, and Commons, did in the Name of all the People of England^ mofl Humbly and Faithfully fub-^ mit themfelves, their Heirs and Pofterities, to Her Majefty, which that general Principle of Abfolute Non-Re fill a nee muft certainly fhake. For if the Refiftance at the Revolution had been illegal, the Revolution fettled in Ufurpation, and that Act could have no greater Force and Authority than an Acl: pafs'd under a Ufur- per. And the Commons tcok leave to obferve, that the Autho- rity of that Parliamentary Settlement was a Matter of the greateft Confequence to maintain, in a Cafe where the Here- ditary Right to the Crown was contefted ; for Her Majefty's mofl bitter and implacable Enemies, the Friends of the Pre^ tender, (who all afterted the utter Illegality of the Refiftance us'd at the Revolution) could advance his Title to the Crown, and call him King, upon no other Ground than the Pretence of an Hereditary Right. The Commons therefore, out of the mofl profound Duty and Allegiance they ow'd and fhould ever pay to Her Majefty, and to maintain the Security of Her Government, and guard Her Throne againft every Infinuation that might promote or favour the Intereft of the Pretender, thought themfelves ob- liged to take Notice of that AfTertion, as tending to weaken the Authority of that Acl of Parliament, whereby Her Maje- fty's Title was declar'd. He defir'd their Lordfhips would likewife confider of what Confequence the Difhonuuring of the Revolution might be to Poflerity, and the future Happinefs of the Kingdom in a Pro- teftant SuccelTion to the Crown. For by the fame Acl: all Perform who fhould hold Communion with the See of Rome, £3 or fhould marry Ptpifls, were declar'd uncapable to Inherit. Poffefs or Enjoy the Crown. And it was Enacted, that the Grown and Government fhould from time to time defcend to, and be enjoy'd by, fuch Perfons being Protcjlants, as fhould have Inherited and Enjoy'd the fame, in cafe fuch Popifh Princes had been naturally Dead. And the immediate Prcteftant Succeflion in the Illuftrious Houfe of Hannover , in default of IfTue of Her Majefty, was likewife fettled by an Act of the fame Reign. That this fhew'd of what Importance it ivas, to the pre- fent and future Happinefs of this Kingdom, to clear his late Majefty and the Revolution from thofe Black and Odious Co- loars which that Gentleman had call upon Both. But that the Doctor made it part of his Defence, that his Afiertion was agreeable to the Common Law of England, and | divers Acts of Parliament ftill remaining in Force. That the Gentleman who fpoke before hirr^ had fhown how far that Afiertion was a direct Contradiction to feveral Acts of Parliament, and therefore he would only fay, that it could I never be fuppos'd that the Laws had been made to fet up a ! Defpotick Power to deftroy themfelves, and to warrant the i Subverfion of a Conftitution of Government, which they were ; defign'd to Eftablifh and Defend.' This would have been a ftrange, abfurd and contradictory J Imagination, and had been thought fo at the Revolution by \ the wifeft Men of that Time, by the be ft Friends to the Mo- Bnarchy, and Men the moft Eminent for their Sufferings in the Caufe of the Church. And it appear'd, by the feveral Inftances mention'd in the Acl declaring the Rights and Liberties of the Subject, and fettling the Succeflion of the Crown, that at the Time of the Revolution there had been a total Subverfion of the Conftitu- tion of Government both in Church and State, which was a Cafe that the Laws of England could never have fupposM, provided for, or had in view. And the fame Anfwer might with equal Reafon be apply'd to the general Doctrine of the Church exprefs'd in her Homi- lies. This was what he had to offer to their Lordfhips in Main- tenance of the firft Article ; being fenfible how defective" he had been, but what he had faiPd in, would be abundantly fupply'd by the Gentlemen who were appointed to affift in maintaining that Article. ^ Sir John Holiind, the next of the Managers, reprefented tor their Lo-ci-.i.ips, "i hat the prefent Confideration was of the greateu1 Ixipohance ; no Ms, than whether fo many of their icrdtriips and the Commons of Great Britain^ who had taken £ jnj (66) .up Arms at the Revolution, and been then thought Patriots of their Country, were really Rebels j whether their late Deli- verer was an IJfurper ; and whether the Proteflant Succeffion was Legal and Valid. All thefe Confiderations (he faid) depended upon the Law- ful nefs of the Refinance at the Revolution ; and that there had been a Refinance was moll plain, if taking up Arms in 2'arkJJrire9 Nottinghamjhire, Chejbire, and almoft all the Coun- ties of England \ if the Defertion of a Prince's own Troops to an Invading Prince, and turning their Arms againft their So- vereign, were Refinance. But if Subjects were oblig*d to an Jbfolute and Unconditional Obedience, the Convention of the States, the Settlement and Entail of the Crown by them, and the further Settlement in the Proteftant Succeffion under that Settlement, muft, from that Refinance, be unlawful and void. That the Criminal had been aware of that jufl Objection to his general Doclrine, when apply 'd to the Revolution ; as sppear'd from his Endeavouring, upon fecond Thoughts, to conceal it by his Marginal Note, to hint, -that by Rejiflance he had meant Conqueft. And no wonder he had endeavour'd to colour fo bold a Stroke, which he could not but expecl: to hear of, with the utmoil: Refentment from the Government. But it fo fell out, that what he trufted to for a Screen, ag- gravated the Heinoufnefs of his Crime ; for it fhow'd, that he inftill'd into his Auditors thofe Notions from the Pulpit which he durft not own in Print ; for nothing could be more ma.ni- feft, than that he could not by Refinance have thought Con- quest, even from his own E-xpieffions : For in the very next Period he faid, and did they not, i. e. the Parliament, unani- movjly condemn to the Flames (as it justly dejerv^d) that infa- mous hibely that would have pleaded the Title of Conqueft, by "which Refinance was fuppofd? So that he knew 'em to be difiind; Notions, and indeed fo they muft be, becaufe one might be without the other. That it had been an unaccountable Prefumption in the Do- ctor, to fuppofe fo weak a Pretence could pafs upon the World ^ but much more furprizing it was, that he could apprehend fo mean a Subterfuge could prevent their Lordfhips Juftice. But from thence the Commons obferv'd, that he was a conceal'd Man, and of a dangerous Spirit : And as fuchthey had brought him hitherto to Reform him, and to be made an Example to others. That the Commons would not be underflood , as if they were Pleading for a licentious Refinance \ as if Subjects were left to their good Will and Pleafure, when they were to Obey, and when to Refijl. No, they knew they were obiig'd by all the Ties of Social Creatures, and Chritfians, for Wrath and Con- ( m Confcience fake, to fubmit to their Sovereign. The Com- mons did not Abet humourfome faclious Arms, they averr'd •em to be Rebellions. But yet they maintained that the Re- finance at the Revolution, which was fo Necefiary, had been Lawful and Jufi from that Necefiity. They did agree that the Laws concerning Obedience, both Human and Divine, were very exprefs and po'fitive : and no wonder that the Homilies and Fathers dead and livings fol- lowed the fame way of exprefling their Duty in general Terms. They readily granted that, but it did not follow that there could be no Exceptions from thofe general Rules in Confcience. That there was no Law more pofiuve and exprefs than that which enjoins the Gbfervation of the Sabbath, wherein we are commanded to do no Manner of Work • Yet all Men knew, that Necefiity made an allowed Exception to that general Law, And the Reafon why that Necefiity was allow'd as a jufi Ex- ception, to that pofitive Law, would guide us to know, what Laws would admit of Exceptions from Necefiity, and what not. The Reafon our Divine Lawgiver afiign'd, being, be- caufe the Sabbath wot wade for Man, and not Man for the Sabbath ; from whence plainly followed this Coroliary : That where there was a pofitive Law, and that Law refpedled not fome principal End for which Man was Made, their Necefiity might make a juftifiable Exception, how Exprefs foever that Law might be. That whether Government was made for Man, or Man for Government, would eafily appear from that fnort Obfervation,. That Man had been made in a State of Perfection $ and the Reditude of that State fuppofed the Abfence of all thofe Crimes, which were the Objects of Government, and which Government was to Reform. And therefore Government could not have been one End of Man's Creation, and thofe general Rules of Obedience might upon a real Necefiity, have admitted a lawful Exception ; and fuch a necefiary Exception they aflerted the Revolution to be. That it was with this View, of Necefiity, only abfolute Necefiity of preferring their Laws, Liberties and Religion ; it was with this Limitation that they defir'd to be underftood^ when any of them fpoke of Refiftance in general. The Ne- cefiity of the Refiftance at the Revolution had been at tKat time Obvious to every Man. Every one, who either w?3 net or did not find his eafie Mind, prepai'd to be a Tool id Popei y or Slavery, had dreaded the Inflances of that NecefSty„ The Cancelling all the Security from Laws by a difpenfing Power ; the erecting .jCom millions to deprive Subjefis of the!/ Property, not according to Law, but Humour s ihe making the' whole Government depend upon the arbitrary Pleafure of £ % tbt (68) he then Prince, could net but be a JufUScation of that Ne- reflity before God and Man. That To it was thought, at the time that Refinance- was on Foot. For then, when the Time was mod proper for Admo- nitions of that Nature, the Clergy had been fo far from aver- ring the Vnlawfulnefs of Refinance upon any Pretence wbatfo- ever, that the true diftinguijbing Characlenjlick of. a Church c/ England Man had then been, wifhing that Refinance Good Luck, and rejoicing at its Succefs. And yet the Gentleman at the Bar made that Exception, thelnflance of an unjuft Refinance, by an ironical Affertion of the late King's folemnly difclaim- ingihe leaft Imputation of Refinance in lit Declaration ^ for Ironical it muft be, when every Body mufi believe that he himfelf knew the Contrary: A Figure of Speech very well Underilcod, and known to be the molt biting Sarcafm. _ To conclude, That fo much depended upon the Revolution, rh:t the Commons were highly Jealous of the Honour of it. That it was indeed Twenty Years fince the Revolution had ettled, but it was within much lefs than Twenty Years that a Pretender had attempted to Invade their Country, to fet that Revolution ahde. That Perfon, even with his Own good Opinion of his Right, knowing, he could- have no Pretence to the Crown, unlefs the Prifoner's political Divinity were true, which they averr'd it was Not. But left that Pretender fbould apprehend that HisFriends were much encreas'd, when he heard -that the Revolution was publickly Branded in Ser- mons as Black and Odious j the Commons bad Impeach'd that Preacher, that he might not be Guilty of That High Crime and Mifdenneanor without Difcour agement , and had brought him to their Lordfhips Bar for Juftice, that he might not da it with Impunity, After Sir Join Holland, Mr. Walpole, another of the Ma- nager?, delivei'd himfelf to this Effect : That the Commons were making good their Charge againft h Henry Sacbevere U contaLia'd in the firft Article, where- in he was accui'd for SuggeTiing and Maintaining, that the neceflary Means us*d to bring about the happy Revolution ^ere Odious and Unjufiifiabie, and that to impute Refinance to the Revolution, was to caft Black and Odious Colours upon his late Majefty and the Revolution. That by what 'had been already offer 'd to their Lordfhips, he made no doubt but they were fully convine'd, how Injuri- ous thofe PoCtions muft be to the Peace and Quiet ot v.e Kingdom, and how highly they deferv'd, and loudly cali'd for their Lordfrips fpeeay and exemplary Jufike. That the great Licentioufnefs of the Prefs, in cenfuring and reflecting upon all Parts of the Government, had of late gives (*9) ■ loo jjf: Crjfe cT~ 0~e - COTT.T ibploj'd in » t Bt tc b to the connx the Law, ■ ■: : : ry Proceev the Courts : : ' jVmnpet wars founded in v-~, • "was ca!T<3 the Caofe fitter ar/d poifbno'Js Pill : sa Name of Loyaity, andthe Pecrle -.'.ere tab« settees lake to fwalk>* I ibi eid of forind Rei:^ :;L;:fe> v :5 cf fere Ccr.ireprirr: ■. I . r:: Ifcttthink i! rUh time t; | it I S . and ::v :: 2 Parliament :. 5e of :'ne and the 7 - though: fa materia] Doctrine. - by Doctor v. in the bighefi degree, i: v. . ro bttog about the Rei :iv. that the ; (Hon, rounded upon that Revclu; - of e Co/nmons could not but apjfehend that 1 I ' :- [ndignatioji they had fcew uvu'd meet with the ee: If and finctrefy fernmeiK ; but jbl i juftly tufpefled to . v.- ere not at a Li greateft Concern; :,: 1 al I: Thar he wts fcer} Kicety that attended the peaking tc thai Poi :. i ■ : fpea- king ■ But : i t i [ ^ -. - d Undeni E i ( 70 ) 'imaginary Props and ButtreiTes, which did, at befl, but ill fuppart a fhaken Foundation : And it was a moll furprifing AiTurance in the Enemies of the Government, that whilft they were flriking at the Root, and digging up the Foundations, lipon which the prefent and future Settlement was buiJt, they fliould hope to pafs up6n the World as Friends to either ; but fo irreconcileable were the, Profeffions and Practices of fome Men, fa awkardly did they (peak well of what they did not in their Hearts approve, that in Vindication of his late Maje- sty ( for that was a Part that fometimes they thought ufeful to Ad) they declar'd his mod: glorious Enterprise, to fave a finking Nation, utterly Illegal : To recommend themfelves to the Queen, they condemn'd that Revolution, without which She never had been Queen, and the Subjects a moil: unhappy People : To teftify their Zeal and Affection fo? the Protectant Succeflion, they invalidated all the Laws that had been made for fecuring that Bleffing to Poiterity : And laftly, To mani- feil their Averfion, and for ever to blaft aU the Hopes of the Pretender, they advanc'd and maintained the Hereditary Right, as the only true Right, to the Crown. Eut what Intereli thole Opinions might a$ one time or other be pjoduc'd to fup- port, and in favoyr of whofe Pietenfions thofe Infinuations were eafily understood to be, 2nd in favour oi what Settlement they could hardly be conftru'd, he fubmitted to: their Lordfhips Confideration. That, The utter Illegality of Rejiftance, upon any Pretence whatfoever^ was the general Pofuion laid dpv^nin the Sermon which, if it were ftriftly, and in the molt extenfive manner true, The aHuming-and exerciiing a Power of difpenfmg with, and fufpending the Laws, The Commitment and Profecution of the Bilhops, The Ere&ing a Court of Commiffioners for EcclefiaiHcal Caufes, The levying Money by Pretence of Pre- rogative, The Jailing a .id keeping, a Handing AP?y without Copfent of Parliament, The Violating the Freedom of Elec- tions of Members to ierve in Parliament, and all the Grievan- ces enumerated in the hill of Rights had been all meer Pre- tences, and not fufficiem to warrant and juftify what was then done, in Defence of the tru$, ancient, and indubitable Rights and Liberties of the People of this Kingdom, which were now again Enacted, Ratify Td and Confirm^ and enjoyn'd to be firmly and ftriclly holden and obfery'd 1 By wjiaf: Evafions, or JDiflindions, the Doclor would explain himfelf off upon that Head, he could not eafily forefee, unlefs he would be fo in- genuous as to confefc, what there was too mpch Reafon to be- lieve would be his Opinion, if ever a proper Time fhould ferve for declaring, That the Acls of Parliament made upon, and fincethe Revolution, were only the Effects of a happy Ufur- pation, and no part of the true Law of the Land. <'- . Tha* (70 That Refinance was no where ena&ed to beLegaljOUtiubjecl- ed, by all the Laws Hill in being, to the greateft Penalties ; that it was not, could not, nor ought ever to be defcrib'd, or affirm'd in any pofitive Law, to be excufable : When, and upon what never to be expected Occasions, it might be exercis'd, no Man could forefee ; and ought never to be thought of, but when an utter Subverfion of the Laws of the Realm threaten'd the whole Frame of a Conflitution, and no Redrefs could other- wife be hop'd for : It therefore did, and ought for ever to Hand, in the Eye and Letter of the Law, as the higheft Of- fence. But bccaufe any Man or Party of Men, might not out of Folly or Wantonnefs commit Treafon, or make their own Difcontents, ill Principles, or difguis'd AfTeftions to another Interell,a Pretence to refill the Supreme Power, would it fol- low from thence, that the utmoft Neceffity ought not to en- gage a Ration in it's own Defence, for the Prefervation of the whole ? Or on the other fide, Becaufe the greateft and mod in- expreflible Emergencies did fufficiently juftifie and warrant the Refinance of the Revolution, would it be a Coiifequence, that therefore, upon every flight Pretext or common Occafion, the Laws that fence againft Treafon would be of no Effecl; ? No, he hop'd their Lordihips juft Judgment in that Cafe would convince the World, that every Seditious, Discontented, Hot- beaded, Ungifted, Unedifying Preacher (the Doctor would par- don him for borrowing one String of Epithets from him, and for once ufing a little of his own Language) who had no Hopes of diftinguifhing himfelf in the World, but by a match- Jefs Indifcretion, might not advance, with Impunity, Doc- trines deftruclive of the Peace ancLQuiet of Her Majefty's Go- vernment, and the Proteftant Succe (lion, and prepare the Minds of the People for an Alteration, by giving them ill Impreffiona of the prefent Eftablifhmentand its Adminiftration. That the Doctrine of unlimitted, unconditional PafTive Obe- dience, was firft invented to fupport Arbitrary and Defpotick Power,and was never promoted or countenanced by any Govern- ment that had not Defigns fome time or other of making Ufe of it 5 What then could be theDefign of preaching that Doctrine then unmafk'd, unfought for, in Her Majefty's Reign, where the Law was the only Rule and Meafure of the Power of the Crown, and of the Obedience of the People ? If then that Doc- trine could neither be an Advantage or Security to Her Ma- jefty, who neither wanted, nor denYd it, to what End and Puipofe mufc every Man conclude it was then fet on Foot, but to unhinge the prefent Government, by fetting afide all that had been done in Oppofition to that Doctrine ; and when, by ihofe Means, the Way was made clear to Another's Title, the People were ready intruded to fubmit to whatever Ihould be impos'd upon them. £ 4 . $&k oo Mr. Waif oh added it might be expecled, after he had faid thus much in general, that he fhou'd proceed to fhew in what Parts of the Sermon thofe Afperfions were contain'd : But, that Part had been fo fully and diftin cHy fpoke to, by thofe Learned Gentlemen who were more proper, and a great deal more able, to manage that Provinces that he would not mif- pend their Lordfhips Time, by repeating what had been alrea- dy fo fully and juflly made out; but fo much he would ven- ture to fay, That if the Rubbage were remov'd, with which the Doclor had an excellent Talent at puzzling Common Senfe and the feveral Sentences, that could only be Relative to one another, were brought together, it was impofiible for the Art of Man to make any Inferences or ConftrucHons, fo clofe and ifrong, as the plain and genuine Senfe of the whole Scope of his Sermon, mull at firft View fuggeft to every Man's Un- demanding. And all that the Doctor alledged in his Defence ivas, That in the Revolution there had been no Refi (lance at all, and the King utterly difclaim'd any fuch Imputation. But fureiy, it could not be then neceffary to prove Refinance in the Revolution, he mould 'as well expect that their Lord- fhips would defire him for Form's fake, to prove the Sun fhin'd at Noon-Day; If then, there had been moft undoubtedly Re- finance us?d to bring about the Revolution, it would follow- that all the Cenfures fo freely' beftow'd upon Refinance in general, mull attend and would be imputed to the Revolution: And if Refinance were utterly Illegal; upon any Pretence what- foever ;. If it was a Sin, which unrepened of, by the Doclrine ' of the Church of England, carried fure and certain Ddvniati- on ; If, upon Re-pent ance, ttyere was no Remijjion of Sins with- out a iledfafl: Purpofe to amend the Evil done, and to make all poffible Reftitution, or at leaf! to do our utmoft Endeavours for that Purpofe; He begg'd their Lordfhips to conficter what a. Duty was here preited, upon the Peril of Damnation, upon every Man's Confcience, that knew, or believ'd that fchere had been Refinance in the Revolution, and was confei- eus to himfelf, of being any ways aflifting, or even confent- 3ng, to that Damnable Sin ; and what mult be the Confequence, if thofe Doctrines, without any Referve or Exception, were with Impunity preach'd throughout the Kingdom. All which, he hop'd was fufficient to fatisfie their Lordfhips, that Doclor. //achcverell was guilty of the Charge exhibited againft him in the firit Article; and that He was an Offender of that Nature and Malignity,that that Court only could be the proper Judges *>f fuch High Crimes; and from their Lordfhips Juftice she Commons hop'd, That his Punifhment would be adequate to the Heinoufnefs of his Offence. Sir John Howies follow'd Mr, WatyoIe9tht Purport of whofe $P'vech was j That the Commons of Great Britain had com- manded " (73) manded him to be aflifting to the Gentlemen that fpoke before, for the proving the Prifoner at the Bar guilty of the Crime charged in the firft Article of his Impeachment ; which was, that he did Suggeft and Maintain,in his Sermon preach'd at St. Pauls, That the neceflary Means us'd to bring about the happy Revolution were odious and unjufiifiable ; and that his Jate Majefty in his Declaration difclaim'd the Jeaft Imputation of Refinance; and that to impute Refinance to the faid Revolution was to caft black and odious Colours on his late Majefty. In making good which Article againft the Doctor, he hop'd the Gentlemen that had fpoke before him, would Excufe him, if he made ufe of another Method than what they had done ; which he mould do, not miiliking the Courfe they had taken, nor that he thought the Method he fhould take was better than theirs, but only becaufe he would not repeat what was faid by them, which he wasfure would come with a worfe Grace from him, than it did from them ; and becaufe he was fure what had been faid was very well remembred by their Lordfhips. What he fhould offer, he thought was fomewhat to the Purpofe, and not mentioned by the Gentlemen before. As to the PafTages taken out of the Ser- mon to prove the Doctor Guilty of the Fact of thefirft Article, they had been fo fully open'd, and fo very well apply'd that he had very little to add to what had been faid ; he fhould there- fore only fay, that the Claufe of the Doctor's Sermon, wherein the Doctor Afferted that The grand Security of the Govern- ment, and the very Pillar upon which it flood, was founded upon the flea dy Belief of the Subjetls Obligation to an abfolute ani unconditional Obedience to the Supream Power in all Things Lawful, and the utter Illegality of Kef fiance upon any Vrettnce whatfoever, he lay'd down not as a Doctrine he would teach his Congregation, but in Order to draw an Argument from thence lor fome other Purpofe ; and what that was appeared plainly afterwards ; for having alledg'd fome Things not pro- per for the Occafion for which the Day upon which he preach- ed was Solemniz\i, he added, Our Adverfarzes think they ef- fectually Jl op our Mouths, and have us fure and unanfwerable on this Point, when they urge the Revolution of this Day in their Defence • but certainly they are the great eft Enemies of that,nnd his late Majefty, and the vioft ungrateful for their Deliverance, who endeavour to caft fuel) black and odious.Co- lours upon both. How often muft they be tqld, that the late King himfelf folemnly difclaim'd the leaft Imputation of Re- finance ? By which 'twas plain, that the Pofition of the Sub- jects Obligation to an abfolute and unconditional Obedience to the Supream Power laid down, had been only to fhock and lay odious Colours upon the Revolution, or the Means whereby it was brought about ; he knowing that the Means Whereby the Revolution had been brought about, had been by (74) Force, and he knew it had been fo declar'd by the Act of Par- liament made in the fir ft Year of King William and Queen Mary, for preventing vexatious Suits againft fuch as acted in Order to the bringing in the late King and Queen. And tho' the Doctor would iniinuate that the fame had not been done by Force, and it was own'd he did not affert that either it was or was not done by Force, but he ftrongly infinuated it was not done by Force, when he aiTerted, tho' untruly, that the late King difclaim'd any Refinance upon his coming. Sir John, would fay nothing more as to that Matter, and nothing as to that other, that had been largely open'd, relating to the Subjects Obligation to an abfolute and unconditional Obedi- ence to the Supream Power • the rather, becaufe if it had been doubtful, the Acts of Parliament mention'd.in the Preface to the Articles, whereby the Revolution had been declar'd to be a glorious Enterprize, and the Means for bringing of it about juftify'd, had determin'd that Matter j and becaufe their Lord- ihips he thought would not fuffer the Doctor or his Council to fay any Thing againft the. Revolution, or the Means where- by it had been brought about. He faid, The Commons of Great Britain own their Lord- fhips to be the Supream Court of Judicature in the Govern- ment, but yet they thought that Acts of Parliament, whereof their Lordfhips were in part the Makers, were as binding up- on their Lordfhips, as a Court of Judicature, as they were up- on any Court oiWefiviinJler-Hall, where Matters determin'd by Act of Parliament werenever fuffer'd to be difputed after- wards ; but he own'd what was practis'd in Wejlminfter-Hall, was not a Rule whereby their Lordfhips ought to be govern'd, and therefore he rely'd only upon the Reafon of what he af- ferted ; for altho' their Lordfhips were the Supream Court, and from whom no Appeal did lie to any other Court of Judicature, yet their Lordfhips, as a Part of the Legiflature, were greater than in their Judicial Capacity, in which they were fubject to the Law • tho' in their Legiilative Capacity, in Concurrence with two other Powers, they were above the Law. He there- fore thought it incongruous, that a Court of Perfons of kCs Power fhould judge otherwife than the Court of greater Power had determin'd; but that he fi.bmitted to their Lordfhips, and was fure the Gentlemen of Council with the Doctor knew their Duty fo weU in that Matter, that they would not give their Lordfhips the Trouble of an Admonition upon that Oc- cafion. He would* not add more upon that Subject, but pro- ceed, with their Lordfhips Per million, to prove the Doctor Guilty of what he was charg'd with in that- Firft Article, by the Doctrine by himfelf laid down in his Sermon, and admit for Argument-fake the fame to be true ^ tho' he muft aftert, that he carry'd the Doctrine fomewhat farther than the Apoftles (75) Apoflles had done In fome Refpect, but in other Refpeets feem'd to reftrain it more than they did. In the restraining part he feem'd to confine the abfolute and unconditional Obe- dience to Things lawrul, which Reftraint look'd like fome- thing, but in Truth, upon Examination, was nothing; for fuppofing the Supream Power Commanded the Subject to do fomething which it thought Lawful, but trie Subject not wil- ling to Obey pretended the thing to be Unlawful, the true Reafons being that it was chargeable, troublefome, hazardous, or the like j in this Cafe who was to be Judge; the Supream Power, or ihe Subject ? In the Reafon of the thing, neither of them were proper Judges ; for the Supream Power would be byafs'd, by reafon of the Command given by them at firft, and would be afham'd to own what they commanded was Unlaw- ful, and therefore would give Judgment on their own fide, to juftifie themfelves in what they had commanded ; and the Subject would be as much byafs'd for the fame Reafon that he had been at fir ft diffatisfied with the Command ; and there being no higher Power or Authority to Appeal to than the Supream Power, that mu ft needs be the Judge, from whom there could be no Appeal. But perhaps the Doctor and he differ'd in the Perfons in whom the Supream Power was lodg'd, tor the Doctor had not mention'd that Matter, either in his Sermon, or in his Anfwer to the Article*; but he hop'd in the Anfwer the Doctor was to give to what was then objected againft him, he would- tell them in whom that Power was lodg'd ; but that he would himfelf firft tell the Doctor in whom he thought it was lodg'd, and that was in the Queen's Maje- fty, the Lords Spiritual and Temporal and Commons in Parli- ament aiTembled : And he thought when the Acts mention'd in the Impeachment pafs'd (except the Act for declaring the Rights and Liberties of the Subject) the Supream Power had been lodg'd in the late King William and Queen Mary, and the Lords Spiritual and Temporal and Commons in Parliament aiTembled. But as the Doctor feem'd to have reftrain'd his. Dcctrine of Non-Refiftance, had as much inlarg'd his Doctrine of Abfolute Obedience ; for, as Sir John thought what had been till then written or aiTerted, upon the Occailon of that Matter, went no further than Paffive Obedience and Non-Re- fi fiance : but the Prifone.r's Doctrine extended to Active Obe- dience as well as Paflive, becaufe, the Words of the Apoftles, tjom whom that Doctrine was taken, feem'd to reftrain it on- ly to Paflive Obedience and Kon-Refiftance ; and the Reafons why the Apoflles inculcated no other Obedience, was, as he believ'd, becaufe that was to fufficient to fecure the Government under which the Apoflles liv'd, which was the Roman Government, and which Hood in Fear, of no Foreipn Fo;cc, and which Government was Cud* and Leliev'd, could <70 could not be ruin'd but by its own Subjects which after- wards prov'd to be true. That that their Doclrine was the Dodrine of Chriftianity, and truly i'o call'd, Sir John readily agreed to the Prifoner ; but he did not think that Christianity introduc'd that Doctrine into the World, for he thought as the Doctor did, that it wis as ancient as Govern- ment, becaufe it was impoffible that Government could lubflft, tmlefs fupported by its Subjects; but how ancient that Do- ctrine was, could not be aliened., without knowing how Go- vernment came to be introduce into. the World ? If it was Patriarchal, as fome had afferted, it was as antient as Adam ; if introduc'd by Conqueft, then its Date was no higher than Nimrod ; it it was by Compact, then he could not fay when it began; but fo much was certain, that it had been as ancient as the Roman People, which was above feven Hun- dred Years before the Coming of our Saviour, but how long before the Roman Name was known he could not take upon him to fay. But tho' that Doctrine had not been introduced by Chriftianity, yet he thought it might well and properly be call'd the Chriflian Dodrine ; for tho' amongft the Heathens it was a Political Law, and obiig'd as other Laws did for fear of Punifhment, yet Chriftianityhad -fir ft pref^'d that Doclrine upon the Confciences of the Subject, which no other Religion had done, and that was fufficient to Entitle it to the Name of Chrifiian. But the Doctor, as he faid, had carry'd it farther than the Words of the Apoftles did, extending it to an A dive Obedience, which the Words of the Apoftles did not warrant, in the Stnclnefs of the Expreilions. Yet he would not Cornell with the Doclor in that Matter, for if the Doclrine, as preach'd by the Apoftles were fufficient to fecure the Government they hv'd under, as it was, and that Doclrine was not fufficient to fecure the Government we now Jive under, as it was not ; the Doctor might very well think that what he then afierted, by the Equity, as it is call'd (that is) the Reafon ^ the Doclrine preach'd by the Apoftles, was well warranted. Having thus' ftated the Matter of the Subjects Obedience to the Supream Power, in which tie had agreed with the Doclrine let forth in the Sermon. Sir John could not imagine how the Doclor could juftifie himfelf in declaiing againlt the Revolu- tion, as he had done • when he knew, as well as any, that the Revolution had been juftify'd by the Supream Power in the Acls of Parliament mention'd: For certainly it mult be gran- ted, that the Dorcline that Commanded Obedience to the Su- pream Power, tho' in things contrary to Nature, even to fuffer Death, being the higheft Injuftice that could be done a Man, rather than make an Oppofition to the Supream Power, becaufe the Death of one or fome few private Perfons was a lefs Evil , than difturbing the whole Government, that Law mull needs' have (77) Jiave heen underftood to forbid the doing or faying any thing to difturb the Government, the rather becaufe the obeying that Law could not be pretended to be againft Nature; and the Docloi's refufing to obey that implicit Law, was the Reafon for which he was then profecuted, tho* he would have had it believ'd, that the Reafon of his then Profecution was for the Doftiine he afierted of Obedience to the Supream Power, which he might have preach'd as long as he had pleas'd, and the Commons would have taken no Offence at ir, if he had ftop'd there, and had not taken upon him, on that Pretence or Occafion, to caft odious Colours upon the Revolution ; if he was of the Opinion he pretend it could not be imagin'd how it came to pafr, that he who pay'd that Deference to the Su- pream Power, had preach 'd fo directly contrary to the Deter- minations of the Supream Power in "this Government, he very well knowing that the Lawfulnefs of the Revolution, and of the Means whereby it had been brought about, had already been determin'd by the aforefaid A#s of Parliament, and did it in the worft manner that he could invent ; for queftioning the Right to the Crown here in England, had procur'd the fhedding of more Blood,and caus'd more Slaughter, than all the other Matters tending to Difturbances in the Government put together. If therefore the Dodtrine which the Apoftles had laid down was only to continue the Peace of the World, as thinking the Death of fome few particular Perfons better to be born with than a Civil War ; fure it muft be the higheft Breach of that Law, to queftion the firft Principles of this Government. That it was not forgotten how much Blood had been fpilt up- on the account of the title between the Houfes of York and/Lj»- cafter, in which the Learn'd in the Law had differ'd, and the fetting on Foot that Queftion of the Title of the prefent Go- vernment, above twenty Years ago determin'd, and that Deter- mination acquiefs'd in from that time 'till then, in all probar bility, if not fupprefs'd would tend to as great Mifchief as that "War entail'd on the Nation. Yet the Doctor, who preach'd up the Subjects Submiflion to the Supream Power, even to Death it felr, thought he had not only a Licence, bur a Com- mand from God, to enquire into the late King and Queen's Right to the Crown, and to blow a Trumpet to fet his Fellow Subjects to cut one anothers Throats upon that Account, which furely was the abfurdeft Conftrurtion of a Text that ever was made; and yet that was the Cafe if the Prifoner's Practice were compar*d with his Doctrine. He thought the Doctor ought to have confider'd what our Saviour and his Apoftles did in "their time ; it did not appear tnat any of them ever queftion* d the Title of the Emperors, under whofe Government they liv'.d, or ever faid any thing relating to their Titles, or that Power they exercis'd; and yet if they had thought it lawful or expedient, they had juft Oc- caftons (7§) csfions to have done it. That St. John, the Survivor of the Apoilles, had iiv'd, as was faid, to the time of Trajan; fo that by that Account he liy'd under thirteen Emperors, including Jugujlus and Trajan^ and yet neither of them had fo much as a Pretence of Right to the Empire, according to the Opinion then had of that Right. That, The firft and Jaft of thofe Em- perors were the very belt the Romans had, except perhaps Tittu Veffafian ; and yet Jugvjlus came to the Empire by the worit Means of any of them, for he had waded thro* a Sea of Blood, and been guilty of many A els of Treachery and Cruelty ; but after the World had reap'd fo many Benefits by his Excel- lent Government, it forgot the Iniquity of the Means where- by ihe Empire had been obtain'd- and the belt Means of ob- taining the Empire, by the following Emperors, 'till the time ofTitns Vefpafian, had been by Force, and moll of them by treacherous Murders \ and yet it did not appear that either our Saviour or his Apoflles had reproached any of thofe Emperors with the Injuilice of the Means whereby they became fo. And he thought it would have become the Doctor to have foliow'd thofe good Examples ; but the Doctor was of another Opinion, and thought the aforefaid Words ofJ/aiaL, To cry aloud, &c. did well warrant that his Opinion, not confidering that the Prophet had rjiatExprefs Command from God,for reproving the Hypocri/ie of the Jews-, and if the Doctor had the like Com- mand for Preaching as he had done, he thought he had quoted a good Authority for fo doing; but he mufl give a better Proof of fbch Command than he had yet done. If the Doctor thought the Command given to Ifa'iah exten- ded to him, how came it topafsthat the Apoilles did not think the fame Command extended to them ? Did not they live nearer the time of Ifaiah ? Were not they acquainted with the Wri- tings oHfaiab, as well or better than the Doctor, and fo might have known the Authority given to that Prophet better than the Doctor ? But yet forbore to do- as the Doclor hath done ; and their having forborn fo to do, could not proceed from any other Reafon, than that they thought thofe Words did not ex- tend to the Apoflles, or that they thought it was not Lawful or Expedient for them to queflion the Title of thofe Princes, or the Juflice or Means whereby they had obtain'd it. Sir John added That if the Doctor had been contented with thz Liberty he took of Preaching up the Duty of Paflive Obe- dience in the moil: extenlive Manner he had thought fit, and wouid have ilop'd there, their Lordlhips would not have had the Trouble in Relation to him they were then put to ; but it was plain, that he preach'd Up his abfolute and unconditional Obedience, not to continue the Peace and Tranquility of the Nation, but to fet the Subjects at Strife, and to raife a War in the Bowels of it, and therefore he was then Piofecuted, tho* he (79) he would fain have had it believ'd, that the Profecutiori was for preaching the peaceable Doctrine of Abfolute Obedience. Sir John laid, He could not but take Notice of the Scandal the Doctor charg'd upon the late King, as if when be Landed he had difclaim'd all manner of Imputation of Refinance, than which nothing was more untrue, even by the Doctor's own Confefiion in his Anfwer, and the Words of the Declaration niention'd in the Print of the Sermon, tho' no PaTt of the Ser- mon, whereby he pretended to explain himfelf, by faying, he intended a Difclaimer of Refinance in order to a Conquefl, than which nothing could be more abfurd, for that never a Conqueft had been made, or ever would be made, by bare Re- finance- nor ever had a weaker Thing been charged upon a Prince, than to make him difclaim all Refinance at a Time when he was actually making War ; for his bringing an arm'd Force of that Number he did into this Kingdom, with a great Train of Artillery with him, had been making War by the Law of Great Britain ; and he had charg'd the Prince of Orange with an Act of the higheft Treachery, in pretending Peace when he actually made War. That the laft Matter he fhould take Notice of were the Words in the Nineteenth Page of the Doctor's Sermon, viz* That old Leaven of their Forefathers is fiill working in the prefsnt Generation ; that this traditional Poyfon Jlill remains in this Brood of Vipers, to fling its to "Death, is [ujficiently vi- fible, as to the dangerous Encroachment they now make upon oar Government, and the trenfonable Refleelion they have pub" lifted upon Her Majefty, God blejs Her } whofe Hereditary Right to the Throne they have had the Lipudence to De?iy and Cancel, to make Her a Creature of their own Power • and that by the fame Principles they placed a Crown upon Her, they tell us, they, (that is the Mob) may Rea/fame it at their Pleafure. That he thought it could not be doubted who it was the Doctor meant by the Word Mob, which was the People of England; for tho1 the Word Mob were a Cant Word amongft a fort of People called Gypfies, and with them fignify'd the Meaneftor the Scum or Dregs of the People, yet as the Doctor has us'd it in that Place, it could fignifie nothing elfe than the Body of the People of England, of whom Sir John believ'd their Lord- fhips did not think it beneath them to be thought a Part, and the chiefeft Part, for he alTerted, They faid, that they had placed a Crown upon Her Majefty, and from thence made an Inference that they might realTume it at their Pleafure ; which could be intended nothing eJfe than what had been done in Re* fpect of Hei Majefty by the Bill of Rights, wherein 'twas faid, Tift the Lords Spiritual and Temporal and Commons in Parlia- ment affembled did declare Her Majefty, after the Death of the late King and late J^ueen, without KHeirs of her Bodf, was Lawful (8o) Lawful and 'Rightful Queen of this Realm. Now, thoc Her Majeliy had an Hereditary Right and Title to the Crown, and fo She was not fo much concerned in the Declaration by the faid A&, as the laft King and Queen, in what that Aft confer- red upon them, which had been done only by the People of England^ under the Denomination of Lords Spiritual and Tem- poral and Commons in Parliament affembled ; and if that had not confei'd a Title to the Crown on the l5te King and Queen, they, who in their Lives time had been thought to be lawful and rightful King and Queen, of thefe Realms, by the Do&or's reafoning, had been no better than the U.furpers of another's Right ; and tho' that Bill of Rights had been afterwards con- firm^ by an Acl in the fecond year of their Reign,yet that would not at all mend the Matter ; for if they had not obtain'd a Right, by the Bill of Rights, to the Crown of thefe Realms, they «ould be no more King and Queen of thefe Realms, than they had been before the faid Bill of Rights : But the Truth was, that when a Government was brought out of France by the extraordinary Steps of a Prince, 'twas a vain thing to hope that it ever could be fet right by regular Steps, for that never was done, nor ever would be done ; but that thole Methods which were necefTary to fet the Government in a right Frame again, had been always taken to be Legal, tho' by the Nicety of Law they could not be well justified. That upon the Change of Government from Richard the Second to Henry the Fourth, the Parliament call'd in the Time of Richard the Se- cond, and by his Authority, had continu'd to fit in the Time of Henry the Fourth, and pafs'd feveral A#s in the Time of Henry the Fourth, which had never been praclis'd before, nor warranted by any known Laws ; yet what done had been al- low'd to be Legal. So in the Time of Henry the Seventh ; he being attainted of High-Treafbn, which, according to the Rules of Law at that time, prevented the Defcent of the Crown on him, and his Friends being alfo moftly attainted, were uncapable of Sitting in Parliament 'till thofe Attainders were reversed, which could not be done but by Ait of Parlia- ment, or the Court of King's Bench ; and that King did not care to have a Parliament 'till his Friends might be capable of fitting there, nor could he make Judges 'till he was King^ which Difficulty feem'd to be infuperable, but the Judges made a Refolution according to the Exigence of the Thing, and declard that Sir William Stanlefs placing the Crown upon the Earl of Richmond's Head purg'd his Attainder, and he thereby became from thencefor wards King of England, and enabhd to- Conflitute Judges, and the Judges to Reverie the Attainder of all the King's Friends : Tnat it was true, Henry the Sevemh married the Heir-^fs of the Houfe of York, and was theieby, as has been fince tnought, King in Right of his Queen, but is. (8i ) he never would own her Title to the Crown, nor ever fuffer'd her to join with him in any Aft of Government, nor ever declar'd by what Title he poflefs'd the Crown ; and yet none of the Afts pafs'd in his time, nor any Thing then tranfafted, had been afterwards quertion'd upon the Account of his Title to the Crown : That an Aft had pafs'd in his time, Indemn- fying fuch as (hould Obey or A flirt the King then in Being, whether he had Right to the Crown or no ; but if he had noc been allow'd to be King before the parting of that Aft, the Afts of Parliament that pafs'd in his Time would have been of no more Validity, than the Afts pafs'd in the Time of Cromwell^ or any other Ufurper ; whereby 'twas plain, that the Doftor then, and the Perfons who had the bert Knowledge of Matters of that kind in thofe Days, difagreed in Opinion : And he could not but take notice that the Doftor, notwith- standing his little Knowledge in the Matters he Difcours'd of, made the Declaration by Parliament of the Queen's Title to the Crown, to be the Cancelling of Her Title by Defcent 5 and therefore he feem'd to advife Her Majerty, to quit that Title i>he claim'd from Her People, and to rely upon Her Title by Inheritance : Whereas, if the Doftor had but known what our Law allow'd ; or if he had read any thing of this Mat- ter, he would have known that thofe Titles did by no means Difagree, but were Confirtent with one another, and that Princes that fometimes have claim'd by feveral Titles, would not make their Choice of which they rely'd on. That Henry the Eighth, who was Heir of the Houfes of York and Lanca- Jler, never declar'd on which Title he rely'd ; Queen Eliza- beth, after the Death of Her Brother and Sifter, claim'd as Heir to Henry the Eighth, and was likewife Devifee of the Government of Engl and by the Will of her Father, who had been by Aft of Parliament enabled to give it by his Will to whom he pleas'd ; but notwithrtanding that, fhe defir'd to have an Aft of Parliament, which fhe had, declaring her to be Queen of Engl a ?idt Sec. which Aft of Parliament was to the fame Purpofe as was the Bill of Rights in refpeft of Her Majefly's Title to the Crown. Sir John faid, he would not trouble their Lordfhips any more, to prove the Prifoner Guil- ty of the Crimes charg'd upon him by the firrt Article of the Impeachment; yet he could not but obferve fome Aggravating Circumrtances of the Prifoner's Crime. As firrt, That the Doftrine in the Impeachment had been Preach'd by a Divine of the Church of England as by Law Ertablifned ; for a Divine of the Chuich of England was a Perfon of that Credit, that the People were ready to afTent to what he faid without con- fidering what the fame was, or how made out : In the next place, It had been preach'd in the Cathedral Church of the Me* {ropolis of the Kingdom , whereas had it been preached in (SO fomeobfcure Country Town, 'twould have hardly been taken Notice of: In the third place, It had been preach'd before the Lord-Mayor and Court of Aldermen of the City of London, and fo far approved of by them, or fome of them, as to be Commanded to be Printed; for which Reafon what he had preached had done more Mifchief thanotherwife 'twould have done, there having been about forty thoufand printed to villifie the Revolution, on which depended the Security of the Pro- tectant Religion both at home and abroad, and the Succeifion of the Crown in the Protectant Line, the Union of the two Kingdoms, the Queen's Bounty to the poor Clergy, and feve- ral other Benefits enjoy'd by the Revolution, and amongft others, that Her Majefty had been, and ftill was fo peaceably poflefs'd of the Crown : For if the Force before the Revoluti- on, which fupprefs'd Her Majefty's Hereditary Right to the Crown, had not been remov'd by the Revolution, as it had been, Her Ms jetty's Title would never have been able to have exerted it felf, and if ever the Doctor, or any of his Accomplices, fhould ever be able to (hock the Revolution, as to remove what had been built upon it, he doubted that Force which the Re- volution remov'd would return again, and opprefs the Queen's Title to the Crown, as it had done before. He concluded faying, He could notpafs by the Doctor's An- fwer to the Articles, without taking Notice of one PalTage in the fame, viz. Hard is the Lot of the Minifiers of the Gojjtel, if when they cite the Word of God in their general Exhortati- ons to Piety and Virtue, the fever al Texts by them cited Jbould he faii to he by them meant of particular Perfons and Things, That he mull tubmit to their Lordfhips Judgment the Unrea- fonablenefs of that Complaint, and whether the feveral Texts and Paflages cited by him in his Sermon could bear any other Conftru&ion than what had been made, and whether it were not the Duty of the Preacher to deliver himfelf fo in the Pul- pit, that his Meaning fhould not be doubtful to his Congrega- tion. That the Commons of Great Britain did not go about to make him AfTent or Swear to what the Supreme Power had determin d, tho'the Doctor in his Sermon had thought fit to impofe Matters of that kind upon other Perfons, fo as to make them Swear to them; no, the Commons of Great Britain •would only have him reftrain*d from publifhing any Thing, and efpecially in the Pulpit, which reflected upon the Supreme Power, or what they had or fhould determine, which even the niceft Confcience had never yet bogled at. That he could add more Aggravations of the Doctors Crimes, but would for- bear to do it, rather following the Example of the Commons of Great Britain, who had indeed demanded Judgment againft thatPerfon of their Lordfliips,but had done it in mercy ,for they ttiight have charg'd thole Mattejs againft the Doctor as High Treafon, t'ti ) Treafon, and fo it had been in Indictments againft fome Divines in a Reign known to their Lordfhips, for Matters in their Sermons lefs Heinous than thofe tor which he was then Im- peached; yet the Commons had call'd the Matters of that Im- peachment only High Crimes and Mifdemeanours, and it was a Rule in cur Law, that the Court in which a Profecution was had, could not call the Crimes greater than what the Profecutor thought fit to charge them, and could not adjudge a greater Punifhment to the Crimes than ufual, but in fome Ca- fes might leflen the Punifhment for fuch Crimes ; and what- foever Cenfure their Lorfhips mould pal's upon that Criminal, the Commons of England would acquiefce m9 and be well fa~ tisfied with the fame. The next Manager was Lieut. Gen. Stanhope, the Purport of whofe Speech was, That the Gentlemen who had fpoke be- fore him to that Article, faid fo much, that they had left lit- tle to him who was laft in it. He mould therefore particu- larly apply himfelf to make out to their Lordihips, that as the Prifoner at the Bar was Guilty of the Matter charg'd in that firft Article, fo he had done it (as the Preamble of the Articles did fet forth) with a Wicked and Malicious Intention to Un- dermine and Subvert Her Majefty's Government, and the Pro- teftant Succeffion as by Law Eftablifhed ; to Defame Her Maje- sty's Adminiftration; to Afperfe the Memory of hislateMajefty- and to Traduce and Condemn the late happy Revolution 5 as in the fame Preamble to the Articles it was charg'd againft him. If it were true, (as their Lordfhips had been told by molt of the Gentlemen who went before him) that -Non- Refinance, af- fertedin general Terms, did deftroy the Foundation of the Re- volution, the prefent Eftablifhment, and Her Majefty's Title to the Crown, and the Settlement of the Proteftant Succeflion; If that were true, it was as true, that the Dodtor, who has advane'd that Doctrine in general Terms, was Guilty of that Charge of intending to Subvert the Government: And then their Lordfhips ought to proceed againft hinn, as an Enemy to the Government. That what had been faid by the Gentlemen that fpoke be- fore him concerning the Doclrine of Non- Refinance, had been faid with fo much Regard to Truth, to Her Majefty and Her Government, that he was perfuaded nothing that had been faid on that Subject, could juftly bemifconflrued. But on the con- trary, to aflert in general Terms the abfolute Illegality of Re- mittance, en any Pretence whatfoever, (as that 1 odtor and all the profeiTed Enemies of the Government avowedly did) muft be underftood by all impartial and thinking People to overthrow Her Majefty's Title and Government ; fi nee at the fame Time Shat they fcreen'd themfelves under the fpecious Notion of pro-* (84) feffing Abfolute and Paflive Obedience to the Supreme Powers, they could not conceal their true Meaning ; that the true and real Object of their darling Doctrines, fuch as Jus Divinum ; Non-Refiftayice ; the undefeafable, unalienable Hereditary Right , that (he faid) the true Object of thofe Doctrines was a Prince on the other fide the Water. They could not other- ways be confident with themfelves. For in the fame Breath, in the fame Difcourfe, to preach paflive unlimited Obedience to Magiftrates, and to revile and defame the Magistrates ; to preach Non-Rehftance on any Pretence whatfoever ; and to incourage Sedition by inveighing in the ftrongeft Manner a- gainft the Adminiftration ; thofe were fuch Contradictions as could no otherways be reconcil'd, no otherways, than by con- cluding, what was very plain from their Conduct, that how- ever they were pteas'd to colour and difguife their Difcourfes, their irue End was only to difingage and alienate the Peoples Affections from their prefent Governors 'y to infinuate to them that the Foundation of the Revolution was wrong 5 that the Revolution it felf was an Ufurpation ; that whatever had been built upon that Foundation, could have no weight ; and to mifreprefent thofe who had a Hand in it, as Rebels and Traitors. As to the Doctrine it felf of abfolute Non-refi fiance, it feem'd needlefs to prove by Arguments, that it was inconfif- tent with the Law of Reafon, with the Law of Nature, and with the Practice of all Ages and Countries. Nor was it very material, that the Opinions of fome particular Divines, or even the Doctrine generally preach 'd in fome particular Reigns, might have been concerning it. It was fufficient to know what the Practice of the Chuich of England had been, when it found ir felf Opprefs'd. And indeed there Jay an Appeal to the Practice of all Churches, of all States, and of all Nations in the World, how they behav'd themfelves when they found their Civil and Religious Confiitutions Invaded and Opprefs'd by Tyranny : He believ'd one might farther venture to fay, that there was not, at that Time, any Nation or Government in the World, whole firft Original had not re- ceiv'd its Foundation, either from Refiftance, or Compact, And as to their Purpofe, it was equal, if the latter were ad- mitrted. For wherever Compact was admitted, there could not bur be admitted likewife a Right to defend the Rights accruing by fuch Compact. To argue the municipal Laws of a Country in this Cafe, was idle. Thofe Laws being only made for the common Courfe of Things ; and could never be underilood to have been defign'd to defeat the End of all Laws whatsoever : Which would be the Confequence of a Nation's tamelv fubmitting to a Violation of all their Divine and Hu- man Rights. That C80 That there was a Latitude 1-ft to the Subjects in fuch a Cafe, had been allowed by the moll ftrenuous Advocates of Pafiive-Obedience : And he would en that Occafion quote to their Lordfhips, the Sermons of a Revtrend Divine, who, he was fure, was not thought a Favourer of Antimonarchical Principles, nor to defeive any of thofe pretty Epithets, which the Doclor fo JiberaLy beftow'd on thofe who differ'd from him in Opinion. It was Do&or Atterbury^s Latin Sermon, jreach'd to the Convocation. The Scope and Drift of that Difcourfe had been to preach up Abfolure Obedience, yet fuch was the invincible Force of Truth, and fuch the Nature of that Argument, that the Doclor, not to betray his own Con- fcience, after having well thought upon it, was obliged to expxefs himfelf in the following Words, which their Lord- fliips would give him leave to read to them out of his Sermon, which he had there in his Hand, Jgiiando ant em, quibufqi de caufit Magijlratuum imp en a detreftare, Nofmetipfos in li- bertatem vindicare liceat, ne verbulo quidem indicant : niji cum aliquid ab hommibus forte imferatum fuerit, latis a Deo Ugibus contrarium. Id ubi aedderit, quid agendumb fit ', Petri vox ilia declarat, Obedire ofortet Deo magis quam Ilominibus* The Senfe of this PafTage, ( he faid ) if he miftook nor, was this : But when, and upon what Caufes it may be lawful to ofpofe the Power of the Prince, and affert our Liberties, the Scriptures do not fay 5 unleft in Cafes when Men fhall command Things contrary to the Laws of God. Wlien that Jhall happen, St. Peter tells us what we mufi do, We mult obey God before Men. To apply this to the prefent Argument, he appeaPd to the Memory of their Lordfhips, whether King James had not commanded Things contrary to the Laws of God ; whe- ther his Commands to the Reverend Fathers of the Church had been consonant to theLawofGcd ; whether his Com- mands to execute a difpenfing Power ; whether his Commands to all fuch of both Houfes, as he could influence to Vote for a difpenfing Power, contrary to their own Confciences, had been agreeable to the Law of God; or, in fhort, whether the whole Courfe of his Reign had not been a Series of illegal Commands, calcula-ed to deflroy their holy Religion, and to violate all their religious and civil Rights. Their Lord- tfhips had thought fo \ the Commons thought $0 ; and the Nation thought fo ; and in Confequence of that Doctrine, preach 'd by Sc. Peter ,x.hey had chofen to obey God before Men. But returning to Dr. Atterburyh Sermon, it went on thus : Pttenda funt ijia ( fi quitism peti neceffe fit ) a Jurifconfulris, a Thefium Politic arum traclatoribus } e legibiu, e Rerumpubli- carum Formit, fux cuif\ Gtnti propriis, tanquam e fonte fuo, flint haurienda. ?? fo ( 86 ) Tn EngUJb thus ? But in fuch Cafes you viufi ddvife with tie Lawyers, and thofe lent ned in Politicks 5 and have Recourfe to the Laws and Conflitutions peculiar to each fever al Country, as to the Springs and Fountains of this Knowledge. In Compliance to what was recommended by this Reverend Dean, he faid, he had endeavoured to follow his Advice, to confult with thofe learned in the Laws of Nations and Poli- ticks. He had heard that Gr otitis was of as good Authority on thofe Subjects as any that had writ about them ; that he had ever been a Favourer of Monarchy, and held in great Repute amongft the Divines of their Church : He fhould therefore beg leave> out of the many PaiTages to be found in his excel- lent Treatife de Jure Belli & Pacis, which fupported that Argu- ment, to quote only one, for the faving of their Lordfhips time. Book I. Chap. 4. and Section 1.$. Si Rex partem ha- le at fummi Imperii, partem alteram Populus, aut Senattts, Regi in partem non fuam involanti vis jufta opponi poterit, quia eatenus imperium von habet : quod locum habere cenfeo, etiamfi dictum Jit , Belli pot ejl at em penes Re gem fore ; id enim de hello externa intelligendum eft, cum alioauin quifquis Imperii fum- mi partem habeat, nonpojfit non jus habere earn partem tuendh The Senfe of that PafTage he conceiv'd to be thus : // the King has one Part of the fupreme Power, and that the other Part is in the Senate, or People, when fuch a King fball invade that Part that does not belong to him, itfiall be lawful to op- pofe a juft Force to him, becaufe his Power does not extend fo far : Which Pofuion I hold to be true, even the? the Power of making War JI)ould be vefted only in the King \ which muft he itnder flood to relate only to Foreign War : For as for Home, it is.impojfble for any to have a Share of the Supreme Power, and 'not to have lihewife a Right to defend that Share. This PafTage, he faid, was exactly adapted to the Confuta- tion of England, and the latter Part of it perfectly agreeable to what he had always heard quoted as a Maxim of the Law, That wherever there is a Right, there is a Remedy. That their Lordfhips had Rights, no Body would prefume to deny ; that the Commons had Rights, no Body would deny ; that every Subject of Britain has Rights, no Body will deny. Then to fay, when a Prince fhould invade all thefe Rights at once, to fay that the whole Collective Body of the Nation had no way to vindicate thofe Rights, was fo inconfiflent, fo contrary to Reafon. that stwas to be wonder'd it could ever enter into the Mind of Mao- Were it not for fear of tiring their Lordfnips, he faid, he might, from many Paffages out of Fortefcue * , and Mr. Hooker, f Fortefcue de landihvs legis Anglia, Cap. ip, 11, 12, 13, (87) Booker f , evince beyond Contradiction that the Confti- tution of England was founded upon Compact ; and that the Subjects of the Kingdom have in their fever al publick and private Capacities, as legal a Title to what were their Rights £>y Law, as a Prince to the PofTeiTion of his Crown. That their Lordfhips, and moil that heard him, were Wit- Defies, and muff remember the Neceflities of tho/e Times which brought about the Revolution .: That no other Remedy had been left to prefeive their Religion and Liberties ; that that Refi fiance had been Neceflary, and confequently Juft. It had been then by no good Man thought a black and odious Crime to take up Arms for the Defence of his Country. Maijy of your Lordfhips had been A&ors in that Refinance. The greateft Part of the Nation had either actually refitted, or countenanced, abetted, and fupported thofe who fet them the glorious Example. He hop'd they had all fo much Grati- tude to the beft and greateft of Queens, as to retain for ever a grateful Memory, how great a Share Her Majefty had in promoting that Revolution. When thofe FacT:s were fo frefh in their Memories ^ what muft they fay to thofe who gave the injurious Barnes and Epithets of Republicans, of Enemies and Traitors to Church and State, to thofe who had been con- cern'd in that Remittance which brought about the Re- volution ? Sure it might have become them to confider mho bad been concem'd, and who had a Share in it. It was not only traducing the late King and Queen, our glorious Delive- rers j it went yet further : But he would out of Refpecl for- bear to mention what they not only thought, but have fre- quently the Infblence to own. If it were true that the Doctrine of Non-Refiftance aflerted in fo unlimited a Senfe, as not to except the Revolution, did certainly fap the Foundation of the faid Revolution, and the prefent Eftablifnment which was built upon it ; if it were true that to arraign, as guilty of black and odious Crimes, all fuch as had been concern'd in the Refiftance at the Revolu- tion, did involve the greateft Part of the Nation in the GuiJt of Rebellion, andTreafon 5 if it necefl'arily follow'd, from the fame Pofitions, that their Allegiance was not due to the pre- fent Government ; he thought they might as neceflary coi in- clude, that the Doctor's Sermon then before their Lordfhips, did tend, as was fet forth in the Preamble of the Impeachment, to undermine and fubvert Her Majefty's Government, and the Proteftant Succeflion, which flood on the fame Foundation. If the Doctor had in that Sermon only preach'd up Obedi- ence to the Supreme Power, as a Chriftian Duty, without medling with Politicks, he might have been allow'd perhaps F 4 to % - 1 ■ »■ 1 t — 1 1 1 ■' " t Ec, Polity, Pag, 86, 444, 446, 470. (88) fro have pleaded for Excufe, that he was ignorant of the Con- sequences that might be deduc'd from fuch general Propofitions; that his only Aim had been Charity, Peace, and Submillion. to the Magiftrates in being. Their Lordihips muil therefore be pray'd to compare one part of his Sermon with the other : And he was perfuaded they would then be of Opinion with him, not only that the Conclufion drawn from his Pofitions, did neceftarily flow from them, but that the Doctor himfelf mud have been confcious of it, and confequently that what he had done, mull have been, as fet forth in the Charge, with a wicked and malicious Intention, For had the Doctor, in the remaining of his Sermon, preach'd up Peace, Quietnefs, and the like ; and fhewn *iow happy the Subjects were under Her Majefty's Administration 5 and exhorted Obedience to it ; he had never been call'd to anfwer a Charge at their Lordihips Bar. But the Tenor of all his fubfequent Difcourfe, was one continu'd Invective againft the Government. Paflive-Obedience was fet down as an in- difpenfable Duty : But it was evident, by the whole Sermon, that it was not due to Queen A N N E, or Her Administra- tion. Then what could that be, but to tilher in a rightful Title ( he thought they call'd it) of one "on the other fide the Water ? That there was fuch an Affinity between the Sermon, and the Doctrines preach'd and propagated by a certain Set of Men, that he could not but obferve to their Loidihips on that Oc- cafion, how Indufhious they had been ever fince the Revolu* tion, to prepare a Way for another. They were the pure and undefiFd Church of England I The only Men of loyal and Heady Principles ! They never had taken the Oaths to the Government ; never bent their Knee to Baal ! They had their own Archbifhops, Biftor/s and Pallors, and conftituted the only true and pure Church of England ! The reft were Schif- maticks, that is, all the reft of England were Schifmaticks, Hereticks and Rebels ! He therefore defir'd to know what were the peculiar and diftinguifhing Characterifticks, the Fa- vourite and Darling Tenets of tnofe Men ? What elfe but PaJ/ive-Obediencet Jus Vivinum, an Hereditary, Indefeafable Right of SucceJ/ion, which no Necefiity, no A& of Parliament, no Prefcription of Time, no natural or legal Incapacity, could •ever invalidate or fet afide ? If they were in the right, (faid he ) what were the Confequences ? The Queen was not Queen : Their Lordihips were no Houfe of Lords, for they were not fluly iummou'd by a Legal Writ ; They themfelves were no Houfe of Commons, for the fame Reafon : All the Taxes rais'd for twenty Years paft had been aibitrary and illegal Extortions : All the Blood x>f fo many brave Men, who had died ( as, they thought ) in the Service of their Country, had 1 been i! ($9) teen fpilt in Defence of an Ufurpation ; and they were only fo many Rebels and Traitors. Ir thofe Puritans, ( fo he thought he might call them ) thofe tmdefil'd pure Church-men, would confine themfelves 10 their own Conventicles, to get Money from a few deluded Women ; it might perhaps be confident with the Indulgence of the mildeft of Governments, to fufler them to enjoy the Benefit of that Toleration, which was allow'd to Proteilant DiiTenters, how pernicious and delimit ive foever to the Publick their Principles might be. But when they came and vented their Treafons abroad ; when they occafionally conform'd, and took the Oaths to the Government, in order the better to deftroy it ; when they abjur'd the Pretended Prince of Wales, but did not forget him ; when they invaded the Pulpits of the true Church of England-, when the Pulpit of the Metropolis, in- ilead of teaching the People to pay their Anniverfary Tribute of Praife and Thanks to Almighty God for the many wonder- ful SuccelTes with which he had blefs'd thofe Arms which were taken up in Defence of the Revolution : "When ( he faid ) that Pulpit was proftituted and polluted by venting Se- dition againft the beft of Queens ; it was high Time for their Lordihips to animadvert upon it, for the Honour of thofe glo- rious Princes who were dead, for the Honour of Her Maje- fty, who fo happily rul'd over them, and for the Peace and Tranquility of all Her Subjects. Were he not afraid of being thought too tedious to their Lordihips, he would have ofTer*d to them a few Words, con- cerning that Adminiftration which the Doclor had fo ma- licioufly defam'd ; for as fond as that Gentleman, and thofe* like him, were of medling with Politicks in the Pulpit, and, as himfelf exprefs'd it, of fetting the People right in their Principles ; he did not find they ever taught what the Ends of Government truly were. He told the Lords, That Tully, who took it from Jriftotle, fiated the ultimate End of Government, and the Mark which Rulers ought to aim at, to be Othnn cum Dignitaie f , or Peace with Reputation. That towards attaining that End, he enu- merated the feveral Particulars which the greateft Application and Vigilance of good Governors is requir'd to promote and maintain. And the chief Branches, as he (rated them, were Religion 5 the juil and legal Powers and Rights of the Legi- slative, and of the Magillrates fuboidinate to that 5 a due Ad- miniftration of Juftice ; the publick Treafure and Credit; Military Vertue ; and concluded with Lata Puhlica ; which indeed was the Refult of a good Adminiftration of the feveral Branches mention'd. For Praife both at Home and Abroad could never fail to attend good Management. If t Oratiopo ftihlio $extio<, (90) If then any Man would but reflect on every one of thofe Particulars, and inftance when in any Age a more univerfaUy glorious Adminiftration in this Mand, he would allow what the Doctor faid to be true. To begin with Religion, any one might look upon that Reverend Bench, and fay when it had been ever fill'd with greater Examples of Piety, Learning, and Chriftian Charity, That truly Chriftian Moderation, and extenfive Zeal and Charity to the Proteflant Religion, would in all human Pro- bability, ( if little Animofities did not obftruft it ) raife the Luftre and Reputation of the Church to fuch a Degree, that, as the Glory of its Arms juft intitl'd the Nation at that Time to hold the firlt Rank, fo fhould the Church be look'd upon as the Mother of all the Reform'd Churches in Europe. As to the juft Rights and Powers of the Legislative, their Lordfhips, and all of them knew, whether ever any Prince on the Throne, had a more tender Concern for them than Her Majefty, or whether at any time there had been a more due and impartial Adminiftration of Jullice. For the Treafure and Credit of the Nation, he appeal'd to all that heard him, whether ever fuch large Sums had been more chearfully given, or more jullly adminifter'd. There never having been greater Demands than during that neceiTary War ; nor ever Demands more freely comply'd with by the People. Such was the Confidence they had in the publick Management, and fo ineffectual thatDoclor, and his Brethren's founding a Trumpet to Sedition. As for theiryArms, and Reputation ; the many unparalleled £>ucceffes, during her MajeiTy's Reign, by Sea and Land, fpoke Sufficiently, and did fufficiently proclaim, that Her Majeily had far exceeded all Her PredecefTors. That the Henrys and Edwards had juftly left behind them Immortal Fame, for ha- ving broke, and fubdu'd, in their Times, the Power of France. And Queen Elizabeth would be ever Glorious for having hum* bled the Pride of Spain. That thofe two great Monarchies had each in their Turn aimcd at the Univerfal Monarchy of Eur ope t and each had been near compaffing it, notwithstanding that the one always opposM the other. But it could never be imagined, that if they once became united, any Force ix\\Europe eould have difputed with them. Yet, they had liv'd" to fee thofe two formidable Powers united, and threatning Deftruc- don to all the Liberties of Europe. It was a Tafk referv'd for ~Hqt Majefty to encounter that united Force. She had attack- ed, and reduc'd them to fue for Peace ; and they were then perhaps at that very decifive Period of Time, when they were to reap the Fruits of a long and expensive War, by the Con** clufion of a folid and tailing Peace. At fuch a critical Juncture, added the Major-General, at a Tim- <90 Time wlien ltbehov'dhim more than evertopreferve that Uni- on amongft us at Home, upon which the Union of the whole Alliance did fo much depend, upon which the happy Conclufi- on of the War, and confequently the Safety and Honour of the Church and State did depend ; what had that ious Son of the Church, that Loyal Subject, that Paffive-Obedience Gentleman done ? He was preaching to the City of London, from whence the greateft part of the Supplies granted for carrying on the War were to be receivM. Had he faid one Word more to them to promote, and carry on the Publick Good ? No, He had, to the utmoft of his Ability, endeavour'd to create in them groundlefs Millrufts and Jealoufies of the Adminiflra- tion. And Mr. Stanhope appeaPd to the Confcience of every one that heard him, and defir'd that laying their Hand upon their Heart, they would truly determine within themfelves, whether, if thofe Citizens who heard that Sermon had been byafled by it, one Penny of Money could have been expected from them, to fupport a Government which was reprefented fo odious. But thofe honeft Citizens heard that Trumpeter of Sedition with Indignation. Their Affection to the Go- vernment was rot to be Ibaken. Her Majefty was abfolute in the Hearts or Her Subjects; which was the beft way of being Abfolute : And all the artificial Suggeftions of thofe Falfe Brethren (to ufe the Do&or's own Language) would never leffen their AfTe&ions to Her. Yet, how impotent and weak foever the Malice of thofe Men might prove, when fuch Doctrines were broach'd, and publickly preach'd, as tended to inflave a free Nation, to fo- ment Divilions and Parties, to feduce the Subjects from their Allegiance to the bell; of Prince? ; it became the Houfe of Commons, who were Guardians of the Conftitution and Li- berties of the People, to bring fuch Delinquents to Juftice ; and it would become their Lordlnips, who were Guardians of the Conftitution of the People, to prevent the growing of fuch an Evil. That Man, he faid, was an inconfiderable Tool of a Party; no Ways worth the Trouble they had given their Lordlnips : But they look'd upon it that their Lordihips Judg- ment in that Cafe, would be giving a Sanclion which mould determine what Doctrines of that kind fhould or Ihould not be preach d. They were therefore perfuaded that their Lordihips in giving Judgment on that Cafe, would have a Regard to the Honour of the late King and Queen, fo highly afpers'd ; to the Security of Her MajeRy and Her Government; to the Proteftant SuccefTion 5 to the Prefervation of the Peace at Home, and Reputation Abroad; where if it fnould be heard that they had Men, amongft them, infolent enough to vent fuch Notions, they might like wife hear that it had not been done vith Impunity. For all thofe Reafons, they hop'd, That their Lordihips C'f*5 Lordfhips would inflict fuch condign Punifhment on that Of- fender, as might deter others from the like Infolence for the future. So much having been fpoken to the firft Article, Sir Peter King began to make out the Second: That, the Gentlemen who had gone before having flniftVd the Article of the Im- peachment, by Command of the Houfe of Commons, he pro- ceeded to make out the fecond, which related to the Tolera- tion, one of the principal Confluences of the Revolution. That it is well known how great Severities had been formerly us'd againft Proteilant Diffenters, being fomented by Popifh Practices, in order to divide the Nation, and thereby weaken the common Proteilant Intereft, and particularly that of the Church of England: Which the whole Church of England plainly faw in the Reign of the late King James, when Popeiy was coming in like a Flood, and threatned an univerfal Ruin ; and then they had univerfally profefs'd their Readinefs and Intention to fhow all manner of Tendernefs to other Prote- ctants, when it fhould be in their Power to do it. That the feven Bifhops, who, to their everlafting Honour made fo noble a Stand for the Liberties of the Church and Kingdom, had in their Petition to King James declar'd, that their not reading the Declaration for Liberty of Confcience was not from any want of due Tendernefs to the Diffenters, in relation to whom they were willing to come to fuch a Temper as fhould be thought fit, when that Matter fhould be confider'd aud fettled in Parliament and Convocation. And to the Glory of the Church of England, it ought to be remembred. that when the Revolution was afterwards effected, they had been as good as their Word, and an Ael: pafs'd, in the very firft Year of their late Majefties King William and Mary, Intituled, An A3: for exempting their Majejlie? Prote^ ft ant Subjecls, diffenting from "the Church of England from the Penalties of certain Laws. And that was the Ad commonly cali'd, The A3 of Toleration, and had been confjrm'd by ano^. ther Acl: made in the fucceeding Parliament. As that A& was agreeable in itfelf to the ProfeiTion of the Chrifuan Reli- gion, and particularly to the Dodrine of the Church of Eng- land, fo it had been found by Experience fo much for the Hon- our of the Kingdom, and for the Credit of the Church, that Her Majefty had been pleas'd to declare from the Throne, her Intention inviolably to maintain it, and both Houfes of Parliament had done the fame in the moll: folemn Manner. The Duke of Buckingham now moving the Lords to adjourn to their own Houfe, they did fo; being returned to the Court and Proclamation commanding Silence made 5 Tb? (93) The Lord-Chancellor told the Managers for the Houfe df Commons, they might proceed in the Method they were in. And Sir Peter King went on with his Difcourfe to the Lords, telling them, That the Aft of Parliament he was mentioning to them, was the Aft relating to the Toleration, refer r'd to in the Preamble to the Articles ; that their Lord- fhips, and every one elfe, remember'd the Neceflity there had been for that Aft, and having experienced the Benefit of it, Her Majefty and both Houfes of Parliament had concurrd in a Declaration, that the faid Aft mould be inviolably obferv'd z That being then not only a pofitive Law, but alfo a beneficial One, as well for the Benefit of the Church in particular, as the Welfare and Support of the Protectant Intereft in general, it very ill became any private Perfon to endeavour to bring that Law, by any publick Difcourfe, into Contempt or Dif- repute. That the Article the Doftor was charg'd with, in Relation thereto, was, That he fuggefied and maintained, That the To- leration granted by Law, was unreafonable, and the allowance of it unwarrantable ; and ajferted, that he was a Falfe Bro- ther, with Relation to God, Religion, and the Church, who defended Toleration and Liberty of Confcience ; that jgueen Elizabeth had been deluded by Jrchbijbop Grindall, whom the faid Doftor [cuirilovjly calVd a Falfe Son of the Church, and a perfidious Prelate, to the Toleration of the Genevian Discipline ; and that it was the Duty of fttperior Paftors to thunder out their Ecclefiaflical Anathema 's againjl Perfons intitVd to the Benefit of the faid Toleration, and infolently dar*d and defy'd any Power on Earth to reverfe fuch Sentences, That the firft Part of that Article, which was the principal Part, contain'd a general Charge againft the Doftor, for af- firming and maintaining, That the Toleration granted by Law was unreafonable, and the Allowance of it unwarrantable* The reft of the Article confifted of particular PafTages, taken out of his Sermon, tending to make good and prove that ge- neral Charge. As to the general Charge contained in the firft part of that Article, of his maintaining the Toleration granted by Law to be unreafonable, and the Allowance of it unwarrantable: His I Anfwer was very obfervable, and was, That upon the moft di- ; ligent Enquiry he had not been able to inform himfelf that a I Toleration had been granted by Law; but admitted, that an Aft in the firft Year of King William and Queen Mary9 Inti- tuled, An Aft for Exempting their Majefiies Proteftant Subjefts, diffsnting from the Chutch of England, from the Penalties of eertain Laws. Which Exemption, he faid, he did not any where maintain to be unreafonable, or the Allowance of it un- , warrantable 5 but hop'd that he had prevented any iuch Mif- apprehenfion (94) apprehenfion, by declaring, in his Sermon preach'd at St. Pauls; that he intended not to call the leall invidious Reflexion up- on that Indulgence which the Government had given. That it was almcll difficult to be ferious in giving a Reply to that part of his Anfwer, That he could not inform him- felf that a Toleration had been granted by Law : It was true, the "Word Toleration was not mentioned in that Ad, neither was the Word Indulgence to be found in that Law ; but every Body knew that the Exemption granted by that Aft was com- monly call'd The Toleration^ and the Acl: it felf, The Toleration AH: And what was the Intent of that Acl, but to tolerate and allow Perfons, qualify'd by that Acl, toexercife their Re- ligion, notwithflanding Penal Laws to the contrary. That Toleration was eally a Word of lefs Import than Indulgence, it was a bare Permiffion, and Allowance ; and that Word had gain'd fuch a known and fix'd Notion and Signification in every ones Mind , that whenever it was mention'd, there was not any Doubt what was meant by it : It was then become a Word of Art, that not only in common Con- vention, but even in the moll publick Aels of State, the Exemption granted by the Ad made in the Firil of King William and Queen Mary was call'd The Toleration : Had not Her Majelly, in Her Speech to both Houfes of Parliament from tha Throne, in the Year 1705, declar'd that file would always inviolably maintain the Toleration ? Had not both Houfes of Parliament, in their feveral AddrelTes to Her Majelly for that moll gracious Speech, exprefs'd their deep Satisfaction of Her Majelly4s Resolution to maintain the Toleration? In the free Conferences between the Lords and Commons about the Bill for preventing Occafional Conformi- ty, in the Year 1701, was not that Aft of the ill of William and Mary, call'd the AH of Toleration^ and the Exemption granted by that Aft call'd the Toleration ? So that it feem'd Grange the Doftor fhould not know that a Toleration had been granted by Law ; and it was more flrange yet, when he tiimfelf, in that very Sermon, call'd the Indulgence granted by that Aft, the Toleration. That in the 14th Page of his Sermon, where he was com- plaining of falfe Brehren in the Kingdom, who were permitted and fuffei'd to combine into Bodies and Seminaries, wherein Atheifm, Deifm, Trithefm, and Socinianifm, and many other wicked Principles were taught : he concluded thus, Certainly 'the Toleration was never intended to indulge and cherijb fuck Monjlers and Fipours in our Bofovi. Then what was it irofTible for the Doftor to mean in that place, by the Toleration but the Indulgence, as he call'd it, granted to the Diflenters by the Aft of 1 Gul. 8c Alar. And In the 10th Page of his Sermon, fpe^kingof the DilTen- ms, (95) ters, the Doctor faid, Now they have advanced, them/elves , from the Religious Liberty our gracious Sovereign has indulged them% to claim a Civil Right, as they term it, and to jvftle the Church out of Her Eflabiijbment, by hcijling their Toleration into its Place : What could he poflibly mean here by thofe Words, but that Toleration, or that Indulgence, which had been granted in the Time of- the late King and Queen to the Diflenters ? So that it was plain , that when he made, and preach'd, and publiih'd that Sermos, he knew very well, that the Indulgence granted by the Law made in the Firil of King William and Queen Mary, was commonly cali'd the Toleration^ and that Toleration, granted by that Law, was that which the Commons in their Impeachment faid, he maintain'd to be un- rfcfonable, and the Allowance of it unwarrantable \ and that was what he had been to make out and prove. • Yet he muft do the Dodor Jullice to own, that Page 20 of his Sermon preach'd at St. Pauls,\\t us'd thefe Words, referr'd to by him in his Anfwer, viz. I would not here be mifimderfloodt 1 as if I intended to cajl the leaft invidious Refection upon that i Indulgence the Goverment has cendefcended to give them, which I am fare all thofe that wijb well to our Church are very ready to grant to Conferences truly fcrupulous 5 let them enjoy it in the full Limits the Law has pefcrib(d. That The Doctor, by putting in that Caution, feem'd him- felf to be apprenfive, his Words were otherwife in danger to be efteem'd a Reflection upon that Indulgence or% Toleration the Government had given; having juft before commended the Severities that were us'd in the Reign of Queen Elizabeth 1 againft the Diffenters, which could not be fpoken in Commen- dation of the Toleration, but would reafonably be underfiood to be a Condemnation of it, becaufe it remov'd and took away thofe Severities, he then fubjoin'd the foremention'd PafTage; which dry Caution would not excufe the Doctor, if in the other Parts of his Sermon he did vifibly and plainly condemn the Toleration, and Cenfure it as unreafonable, and the Allow- ance of it unwarrantable ; which that the Doctor did, he ihould endeavour to prove from other direct and formal Parages in his faid Sermon. That the firft PafTage he ihould cite to that purpofe was in the icth Page of the Sermon, and in thefe Words ; So that, in '■ all thofe Cafes before mentioned, whofoever pefumes to inno- vate, alter, or mifrepent any Point in the Article, of the Faith of our Church, ought to be Arraigned as a Tray tor to our State ; Heterodoxy in the Doctrines of the one, naturally producing, and almoft neceffarily infering Rebellion and High-Treafon in the other, and confequently a Crime that concerns the Civil Magiftrate, as much to Runifi, and Refrain, as the Ecclefufti- I cat. Sir Peter laid, the beginning of that PafTage yrvs tied up to the Cafes before-mention'd,/ueen*s Majefly's Subjefis in their due Obedience ; by which the Diffenters were among other Penalties, to Abjura the Realm in Forty Days, or fuffer Death without Benefit of the Clergy. That the faid Penalty of Abjuration of the Realm had been taken from the ancient Common Law of England in relation to Felony, by which if a Man committed any Felony, except- ing Sacriledge, and fled to a Parifh Church, he might within foity Days before the Coroner confefs the Felony, and take an Qath to Abjure the Kingdom for ever ; and if he fo confefs'd and took that Oath, he was thereby Attainted of the Felony, and then he had forty Days from the coming of the Coroner to prepare for his Voyage, and the Coroner affign'd him fuch a Port as he chofe for his Departure out of the Kingdom ^ and if he did not go flraitway out of the Kingdom, or being gone out did return without Licenfe, he had Judgment to be Hang'd, except he was a Clerk, and then he had his Clergy. This being the Practice the Law call'd Abjuration, and by fe- veral Regulations in the Time of Hsnry the Eighth in effect taken away, the Revival of which Practice had been thought a Wholefome Severity, fit to be inflicted on the Proteftant Dif- fenters of thofe Times, and therefore the 35th of Queen Eli- zabeth did Enact, That if any Perfon obfUnately fhould refufe to repair to fome Church or Chappel, or ufual Place of Com- mon-Prayers, and fotbear by the fpace of a Month to hear Di- vine Service, and fhould after forty Days from the End of that SelTion of Parliament willingly be prefent at any Conventicle or Meeting, under pretence of Religion, contrary to the Laws and Statutes of the Realm, that then fuch Perfon mould be com- mitted to Prifon 'till he mould conform and come to Church; and if within three Months after 'Conviction he fhould not conform and come to Church, and make his publick Confef- Jion and Submiflion, being thereunto requir'd according to the Form of the faid Ad, that then fuch Offender fhould Abjure the Realm; and if being requir'd, he fhould refufe to make fuch Abjuration, or fhould not depart the Realm, within the Time appointed after fuch Abjuration made, or mould return without the Queen's Licence, after fuch Departure then, in every fuch Cafe, every Perfon fo offending fhould be a Felon without Benefit of Clergy. So that the Abjuration inflicted on Proteftant Diffenters by that Act, 'was worfe than Abjuration for Felony at the Common Law ; in that the latter had the Benefit of Clergy, and the former had nor. This he faid was one of the Severities of Queen Elizabeth's Reign, and whether it were a Wholefome Severity or not, humane Nature would determine 3 but however Wholefome U (105) it might have been efteem'd in thofe Days by thofe who had the Power and Will to Punifh others, yet the Legiflature had, in exprefs Terms declar'd it Unwholefome for thefe Times, and the Toleration Ad did expreily and by name exempt the Protectant Diffenters from the Penalties of that Ad of the 3 5th of Queen Elizabeth. That when the Toleration Ad had granted fuch Exemp- tion, for the Doctor to come and publickly reprefent an Arch- biihop as a Falfe Son of the Church, and a perfidious Prelate, for being for the Toleration of Diffenters in his Time, and at the fame Time to recommend the Refolution and pious Zeal of Queen Elizabeth, for declaring that fbe would utterly Sup- prefs them, and her great Prudence in exercifing Wholefome Severities againit them, which were of happy Confequence to her Perfon and Government ; What could have been faid more againit the Toleration Ad, than that was? The Toleration Ad exempting the Diffenters from the Penalties and Severi- ties inflided in Queen Elizabeths Reign • the Dodor recom- mending them all again, as wholefome and neceffary. Whence any Perfon might judge whether that were not an Exprefs De- claration againit the Toleration Ad. That there was yet one thing more charg'd upon the Dodor in that Part of the Second Article, viz. That he fcurriloufly call'd Archbifhop Grindall a Falfe Son of the Church, and a perfidious Prelate, for deluding Queen Elizabeth to the Tolera- tion of the Genevian Difcipline. Whether thatconfider'd ab- ihadedly by it felf, were in Law a Crime, or not, was not lieceffary for him there to examine. The Dodor indeed con- ceived, that no Words fpoken of an Archbifhop, above one hundred and twenty Years fince deceased, would in Conftruc- tion of Law amount to an High Crime and Mifdemeanor: Whether it were fo or not, in himfelf, he Ihould not take No- tice at that 7 ime • becaufe he only took it as an Aggravation of the Crime charg'd upon him, and to ihew his Zeal againit. the Toleration; that he had not been contented with Cenfu- ring the Toleration it felf, but had rak'd into the Afhes of an Archbifhop, that had been in his Grave no Years, and black- ened his Memory becaufe he had been for the Toleration of thofe People, who were then by Law tolerated. He was wijling on that Occafion to fay a Word or two to the Memory of that Archbifhop ; Of whom the Dodor faid, he had been under the Difpleafure of Queen Elizabeth-^ which was very true ; and the faid Dodor pretended the Oc- cafion of his being under her Difpleafure, had been for per- mitting Innovations to be obtruded upon the Church; thofe Innovations being no other than what feveral other Bifhops at the ,ame Time, like wife pradis'd, and feme Bifhops fince had done not much unlike j it had been for encouraging the Mee- tings (io<5) tings and Exercifings in thofe Days call'd Prophefyings, which were Meetings of the Clergy to improve one another in the Knowledge of the Scriptures, and tended to make a Learned and Indullrious Clergy. This had been reprefented to the Queen, and prov'd the vifible Caufe of his Difgrace : But the true Reafon of his Difgrace, as Hiftorians faid, fprung from the Hatred of the Earl of Leicejier, who was then in great Power and Credit with the Queen, and her great Favourite. The faid Earl of Lehejler had call a Covetous Eye upon Lam- hetb-Houfey and would have had the Archbimop to have alie- ned it, but he would not comply with him ; which according to the Hiflorian, made the Leiceflrian Party to Malice him. The Earl had been likewife provoked and incens'd againil him for another Reafon, viz. for profecuting one Julio, a Phyfician of the Earl's, an Italian Phyfician, for having two Wives one of which was the Wife of another Man, with whom he liv'd in Adultery ; and for thofe two Offences againil the Earl of Lsicejler, who then bore a mighty Power at Court with the Queen, that Storm was rais'd againil him. But, that, for his Life and Doclrine, the Archbifhop was one of the moll pious, learned and confiderable Prelates of that Time : Yet it was ve- ry true he was one of thofe Bifhops, that look'd upon the Exer- cifes uscd in thofe Times by the Clergy, call'd Prophefyings, as very neceflary for their Improvement, and for the Benefit of the Church $ and fome of the bell Bifhops of thofe Times Jiad been of the fame Opinion. That he was a Man of a moll exemplary Life, and Converfation, free from the Sufpicion of a Crime. Had in his younger Days been Chaplain, with Rogers and Bradford, to Ridley Bifhop of London, who had given this Character of him, That he was known to be a Man of Virtue, Honelly, Difcretion, Wifdom and Learning. That in the Perfecution under Queen Mary, when his Mailer and Fellow- Chaplains were burnt for Religion, he became an Exile on the fame Account, having quitted his Eafe, Preferments, and Hopes at Home, to enjoy the Liberty of his Conlcience in a Foreign Country, and repair'd to Strasburg ; and when the Troubles begun at Francfort, about the Ufe of the Englijb Ser- vice, where the Foundations of the Divifions that have fince divided and rent the Church were laid, he was fo far from difli- king the Englijb Method as to go from Straiburgh to Francfort to encourage and perfuade the Congregation there to fubmit to the Englijb Eftablilhment, and had lluck clofe to it hjmfelf all his Life-time : That at his coming home, in the beginning of the Reign of Queen Elizabeth, he was very Inftrumeinal, in preparing the Liturgy and Book of Common-Prayer; and the full Time the Englijb Service Book was introduc'd at St, Pauls in London, the Privy- Council and great Officer." of State, for the greater Solemnity, came to St. Pauls, and Grindall was appointed ( «©7 ) appointed to preach to that great Audience upon that foletrm Occafion : That was one of the firil five Bifhops made by Queen Elizabeth, and firft Biihop of London, after wards Arch- bifhop of York, and laftly of Canterbury \ and when afterwards by the EarJ of Leicsfter's Artifice, he was under the Queen's Difplealure, yet he had fo great an Intere/t in the Clergy, that even whiJft he was under Difgrace at Court, a confiderable number of the Convocation, then met, prefented an elegant Pe- tition in Latin to the Queen to reilore him, reprefenting to Her Majefly, that the Archbifhcp had led a Life free, not only from all Crime, but even from the Sufpicion of a Crime ; that he had preferv'd his Religion, not only from all Corrup- tion of Popery, but of Schifm, and had fuffend Perfecution for Righteoufnefs fake, having wandred abroad in other Countries for the Caufe of the Goffel ; and wherefore they moil hum- bly befought Her Majefty, not only to lift him up, but to re- ilore the Church to the Archbifhop, and the Archbifhop to the Church, to her Subjects, to his Brethren, to foreign Nations, and in a word, tu all pious People. Such were the Thoughts of the Clergy of the Archbifhop at that Time, even when he was under the Difpleafure of the Queen, fo that there was no Reafon for the Doclor to afperfe him as a Falfe Son of the Church, or a perfidious Prelate, flnce it appear'd on the con^ trary, that he had been a Man univerfally efteem'd for his Virtue, Piety and I earning. The laft Charge of that Article, he faid, was his Afferting, That it was the Duty of Superior Pajlors to thunder out their Ecclefiaftical Anathema'* againfl Perfons Intituled to the Bene- fit of the Toleration^ and infolently daring or defying any Power on Earth to reverfe fucb Sentence:. To which the Doctor had anfwer'd, That the Perfons inti- tuled to the Benefit, of the Toleration were not by him menti- oncd or inrended-^ but if thofe Exprefiions in his Sermon mufl be determiyiid to any one fort of Perfons, he conceived that the Connexion of his Difcourfe would deteruiine them to thofe Schifmatical and Faclious Perfons who took Permijjion for Pow- er, and advanc'd Toleration immediately into an EJlablijlj- ment. It ic were fo, that he meant thofe Schifmatical and Facti- ous Perfons, the next J^iefiion, which would fet that Matter in a clear Light, would be, who thofe Schifmatical and Fac- tious Perfons were, who took Permiifion for Power, and ad- yanc'd Tol-ration immediately into an Eftablifhment ; and it was plani from the Paflfage it felf, being in Page 25 of the Sermon, that he meant the DifTenters, who were intituled to the Benefit of the Toleration, as appear'd by his own Words $ which were, If our Dijfenten had IWd in the Times cf St. Paul, they would (io8) would have branded him as an intemperate, hot, furious Zealot, that -wanted to be fweetrtd by the gentle Spirit of Charity and Moderation forfooth ; Schifm and FaBion are things of Impu- dent and Incroaching Natures, they thrive upon ConceJJiovs, take PermiJJion for Power, and advance a Toleration immediately into an Eftablijhment, and are therefore to he treated like grow- ing Mifchiefs, or infetlious Plagues^ kept at a dijlance, left their deadly Contagion fpre ad: Let us therefore have no Fel- Iowjbip with thofe Works of Darknefs, but rather reprove them ; let our Superior Paftors do their Duty in thundering out their Ecclefaftjcal Anathemais, and let any Power on Eanh dare Re- verfe a Sentence ratified in Heaven. All which the Doclor did in the following part of his Anfwer, in effecl: own ; for he faid. As to the laft Part of the fecond Article, charging the Dotlor with infohntly daring or defying any Power on Earth to Re- verfe the Ecclefiajlical Sentences therein mentioned: The faid Doclor had anfwer'd, that the Sentences which he dar3d any Power on Earth to Reverfe, were fuch, and fuch only, as had leen ratify' }d in Heaven, and fuch Sentences he JliU affirmed to he by any earthly Power irreverfible ^ and hoped it would not be thought Infolence in him to affirm what he conceived would be Blafphemy in any one to deny ; and did further acknowledge him [elf firmly to believe, that fome Sentences Pronounced by the Paftors of the Church were ratify d in Heaven; and that [ome Terfons exempted from Puniftmient by the particular Laws of the Land, might yet by the Laws of Chrift be juftly liable to fuch Sentence • and that Schifm, or a caufelefs Separation from a Church in'pining no finful Terms of Communion, was a Sin, which exposed the Perfon guilty thereof to the Cenfures of the Church, Therefore the Houfe of Commons had charg'd the Doclor with Infolence, in daring or defying any Power on Earth to Reverfe the Ecclefiaftical Sentences mention'd in his Sermon, and he by Infinuation had retorted upon them the Charge of Blafphemy : Which the Houfe of Commons thought they had Teafon to refent, and to call upon their Lordfhips for immedi- ate Punifhment of him for treating them in that manner ; but they left it to their Lordfhips, in what manner they wou'd think fit to do them Juilice, in vindicating them againft fuch a Charge. But as to that PalTage then before them, he affirm'd, that iome Sentences pronouncM by the Pallors of the Church were ratify'd in Heaven \ that fome Perfons exempted from Punifhment by the Laws of the Land, might yet by the Laws of Chrill: be liable to iuch Sentence; and that Schifm, or a caufelefs Separation from a Church in joining no finful Terms of Communion, was a Sin, which exposed the Perfon guilty thereof to the Cenfures cf the Church. Then what was that but to fay, The ( ">0 The Diffenters caufelefly Separating from the Church, which impos'd no finful Terms of Communion, were guilty of Schifm ; the' the Law of the Land had exempted them from Puniftiment for that Schifm, yet for that Sin they were ex- po^d to the Cenfures of the Church ; thofe Cenfures, when in- flicled, were ratify'd in Heaven; therefore, notwithftanding the Law of the Land had given them that Exemption, the Ec- clefiaftical Superiors were to do their Duty in thundering out their Anathema's againft them, and let any Power upon Earth dare to reverfe their Sentences if they can. As to the Power of the Church in Cenfuring or Excommunicating, Sir Peter King thought it not neceflary for him to fay any thing of it upon that occafion: But the Doctor was a Minifter of the Church of England, who had fubmitted to the Queen's Supremacy, and by the Canon was bound to maintain and preach the Queen's Supremacy-, Her Majefty was Supreme over all Caufes, and over all Perform as well Eccleflaftical as Civil; and by an Act of Parliament made fmce Her Majefty's happy Acceflion to the 1 Crown, viz. the Act relating to Her Majefty's Eounty for the Augmentation of the Maintenance of the poor Clergy, fhe had been Owned and Recogniz'd to be the only Supreme Head on Earth of the Church of England ; Her Majefty had by Law a Supreme controling Power over all the Cenfures and Excom- munications of the Church; that Power fhe Exercised accord- ing to the Rules of Law, by her feveral Officers and Minifters of Juftice. The exercife of the Churches Cenfures, Jurifdidtion and Power ought to be according to Law ; and if any Perfon were Excommunicated againft Lav/, the Queen's Courts might and would Command the Ecclefiaftical Judge to afloil fuch Ex- communicated Perfon, and reftore him to the Communion of the Church again : That being the Supremacy of the Queen, and the Doctrine of the Church of England ; by Vertue of f which Supremacy, if any Judge of the Spiritual Court fnould pretend to excommunicate any of the Diffenters for any thing which by Law they were not obliged to do, or which by Law they were excus'd, or exempted from, the Courts of Juftice in Wejlminfler-Hall would in fuch Cafe award a Prohibition, and compel the Ecclefiaftical Judge to abfolve him. As fuppofing that notwithftanding the Toleration Acl, a Diffemer fnould for not coming to the Church, be fentenc'd in the Spiritual (Court by the Judge there, or be proceeded againft there, in order to an Excommunication; a Prohibition would lie to that Judge from the Queens Court's upon the faid AcT, and the Courts of Common-Law would prevent him from fuch Procee- ding ; and if Sentence were paft, would compel the Judge to annul the Excommunication, and receive the Party again. Then for the Doctor fay, That tho' the Diffenters were tole- rated by that Ad of Parliament, and tho' they were exempted by (no) by Law from Penalties, yet let the Law of the Land be what it would, the Ecclefiaftical Pallors might do their Duty,- fulminate their Excommunications, and thunder out their Ana- thema's, and then let the Civil Magiftrate, the Earthly Powers, dare to reverfe them, if they could. This Sir Peter fubmitted to their Lordfhips, whether it was not directly impugning the Queen's Supremacy, as well as weakening and cenfuring the Toleration, which was what he had been charg'd with in that Article. But he would not take up more of their Lordfhips Time ; there being other Gentlemen to come after him who would abundantly fupply his Defects, and offer to their Lordfhips fome farther Confederations to make out the Charge contained in the fecond Article. After Sir Peter King's long Difcourfe the Lord William Paulet, in fhort, told the Lords, That the Charge aguinft the Doctor in that fecond Article was a Crime of a very heinous Nature : It having always been efteem'd one of the happy Confequences of the late Revolution, that Her Majefty's Pro- teffant Subjects, by a legal Indulgence granted to DifTenters, were united in Intereft and Affection, in the Defence of Her Majefty's facred Perfon and Government. That it was too well known, how in former times, when Popery had almoft prevail'd in the Ruin of the State and Church, the Protectants of the Kingdom had been, by the Ar- tifice of Papifts, fet againft each other, that by fuch Divifi- ons Popifh Tyranny might be eftablifh'd in the Nation. That the Aft of Parliament pafs'd in the firft Year of the Reign of their late Majeiiies King William and Queen Alary, to exempt Proteftant DifTenters from the Penalties of certain Laws, had been made to defeat any fuch future Attempts of the Papifts ; the Preamble of the Act declaring, that fome Eafe to f eruptions Conscience st in the Exercife of Religion , might he an effeclual Means to unite Her Majejlys Protejlant Subjects in Intereft and Affettion. That the good Effects o> the Wifdom of the Legiflature in making that Act had been feen. Her Majefty's Proteftaut Sub- jects being then all eafie under Her Adminiftration ; and how many DifTenters (ince the Toleration were become fincere Converts to the Church. Befides he might fay, that by the Toleration the Prejudices of the DifTenters wore off, and their Number daily decreas'd. And yet with what odious Colours, and Language unbe- coming a Divine, had the Doctor painted out thateToleration, and how fadtioufly had he endeavoured to excite and ftir up People againft it ? The Doctor's Anfwer being but a poor Shift, that he knew of (Ill) of no Toleration granted by Law ; and yet in the fame An- fwer he own'd there was an Indulgence which the Govern- ment had condefcended to give DilTenters. Whereas the Word Indulgence was no more in the AeT: of Parliament than the Word Toleration ; and it was well known that the Ad: of Parliament lie alluded to was every where, not only in Courts or Juilice, but even in Parliament, calFd The Toleration J8 ; and frequently by their Lordfhips, in the Account of their Lordfhips Proceedings in Parliament in relation to the Bill a- gainft Occafional Conformity, which Account had been Pub- lifh'd and Printed by their Lordfhips Order. That when the Doctor faid, He had not been able to inform himfelf that a Toleration had been granted by Law, it plainly feem'd to import, as if the Doctor had doubted of the Autho- rity of the Parliament that made that Law • it look'd like the common Sophiftry of Papifts and Jefuits, who pretended to own the Church of England as by Law eftablifh'd ; becaufe they difown'd the Authority of all the Laws made fince the Reformation. And Her Majefty having always been pleas'd gracioufly to declare She would defend that Toleration. Her faid gracious Refolution had, among the innumerbble BleiTings of Her Reign, united all Her Proteftant Subjects in their Loyalty and Duty to Her. That the Commons were afiur'd their Lordfhips would al- ways affift thofe gracious Purpofes of Her Majefty -? and as there could hardly be any Inftance given of fo feditious and bare-fac'd an Attempt againfl the Peace and Quiet of the Kingdom, as the Doclor had been guilty of, fo their Lord- fhips would, by an exemplary Punifhment fuitable to fo high a Crime, vindicate the Authority of Parliament, and give an effectual Difcouragement for the future, to all fuch turbulent and feditious Preachers. Nexr, Mr. Cowper fpoke to the fame Article, faying, He thought it unnecelTary at that time to urge all the Arguments which might be made ufe of, tojuftify the reafonablenefs of the Toleration granted to Proteftant DilTenters, by exempting them from the Penalties of certain Laws. It might fuffice to fay, that Indufgence was requir'd from them as Chriftians, and as Men profefTing Humanity and good Will towards one another. And whoever maintain'd, that the Toleration was unrea- fonable, and the Allowance of it unwarrantable, feem'd ne- celTarily to aiTert, that the Exemption granted to Her Maje- fty's Subje&s, from the Penalties of former Laws, ought to be re-aiTum'd ; unlefs it could be fuppos'd ieafonable to allow what was unwarrantable. And therefore thai Affertion did evidently Arraign the J& of (I12) of Toleration, a Law then in being, a Law by which fe People (throughout the whole Series of the then dangerous War) had been more firmly united, in Intereft and Affection, than Formerly x He meant, in the Days when the Penalties of thofe Laws had been inflicted with intemperate Zeai. But before he proceeded to make good the Charge contain 'd in the fecond Article of the Impeachment exhibited againft the Prifoner by the Commons, he muft beg leave to take Notice of the Introduction to the Doctor's Anfwer ; by which' it feenvd he could not, not upon the moll diligent Enquiry, be able to inform himfelf, that a Toleration had been granted by Law. But, Air. Cowper faid, He took the Statute i William and Mary , Which exempted DilTeniers from the Penalties of former Laws, to amount to a legal Indulgence, or Grant of Liberty of Confcience ; becaufe by that Repeal a Liberty had been given, which was before reftrain'd, fo that without Impro- priety, it might be faid that Toleration was granted by Law. But Dr. SachevereU, he had rather it fhould be call'd an Ex- emption, for no other Reafon, but becaufe he bad not faid much, if any thing, of the Word Exemption in his Sermon, how free foever he had made with the Toleration. Therefore taking it for granted, ( as he thought with rea- fon he might ) that Indulgence, Toleration, or Exemption from Penalties, fignifyd one and the fame thing, ( efpecially as ordinarily made ufe of) what could be more plain, than that many Paffages in that infamous Libel, did caft black and odi- ous Reflections upon the Toleration ? But they having been all read, for fear ( after what had been already faid ) of be- ing too tedious, he would mention one only. The Words were thefe * What could not be gained by Comprehenfion and Toleration , mufi be brought about by Moderation and Occasional Conformi- ty ; that is, what they could not do by open Violence, they will not fail by fecret Treachery to accomplijb. If the Church can- not be pulled down, it may be blown up ; and no matter with thefe Men how it is destroyed, fo it is dcftroy'd, &c. Mr. Cowper afk'd their Lordfhips, Whether it was reafona- ble to allow Toleration, or rather whether the Allowance of it were not unwarrantable, if it were the open and violent Means made ufe of to deilrcy the Church of England ? And whether that was not a mofi uncharitable Ceniure, highly reflecting upon the Act of Toleration, and the Legislative Authority ? Whether that was not maliciouily and falfely Suggefled, with s wicked and feditious Purpofe, to create Jealouiies and Mif-* underftaodings amongfl Her Majefty's People. Con jrc-.henfion and Toleration being reprefented as open Violence, Moderation and Qccafional Conformity as fecret Treacheiy, ( m ) treachery, by which the Church might be blown up, tho* it could not be pull'd down by the violent Means of Compreheri- fion and Toleration. He faid, It would wafte too much Time unneceiTarily, {hould he take particular Notice ( after what had been already to well urg'd in Maintenance ot the fecond Article) of all the PalTages which feem'd to be equally liable to Cenfure. The Antjjlafu about that Paragraph being fo very plain, that he hop'd it was not one of thofe mention'd in the Doctor's .Anfwer to carry a dubious Senfe. The Prifoner feeming to have taken care to explain himfelf, for fear his Meaning fhould have been doubtful ; and therefore after having laid, What could not be gained by Comprehenfion and Toleration, mifl he brought about by Moderation and Occafional Conformi- ty j he added, that £, what they could not do by open Vio- lence^ they will not fail by Treachery to accompli]]). And having inveigh'd againft the Toleration with much ill Nature and Bitternefs of Spirit, he had been pleas'd in the next place to affert, That he was a falfe Brother with rela- tion to God, Religion, or the Church who Defended it. The Anfwer to that Branch of the fecond Article, Mr, Cowper faidj was long, and, as he apprehended, feem'd to be evafive. For firfr, there was a Difference again taken, be- tween Toleration and Liberty of Confcience and an Exemption or Indulgence ; and under that Dilfinclion, which, for the Reafons before-mention'd, was a Diftin&ion without a Diffe- rence, the Doctor took the Liberty to maintain and juftify, that he was a falfe Brother who defended Toleration and Li- berty of Confcience. He own'd the Doclor endeavourd to evade the Charge, by* faying he meant thofe only, who at the fame time they de- fended univerfal Toleration and Liberty of Confcience, did al« fo excufe the Separation, and lay the Fault upon the true Sons of the Church, by carrying Matters too high. But whatever he was pleas'd to fay he meant, in Anfwer to that part of the Article, furely no fuch Meaning could be collected from his Sermon, throughout the whole Libel, for he was bold to fay there was not one Word of univerfal To- leration, or univerfal Liberty of Confcience ; this was ano- ther kind of Toleration, never heard of, 'till then new coin'd, in order to extenuate his vile and uncharitable AfTenions. That there the Doftor pleas'd to fum up the modim Criteria ens, as he term'd them, of a true Church-Man, in a figurative and ironical Manner, and plainly afferted, they were the fe* veral CharacleriHickt of a falfe Brother ; amongft the reft, to defend Toleration was faid to be one, and under pretence of Moderation to excufe their Separation (i, e.) oftheDilTen- H tsrs. ( "4 ) ters, of whom he had next before fpoken, was another ; an4 concludes the Paragraph with this pathetick Exprefiion, God deliver us all from fuch falfe Brethren, That the Doctor having fo treated thofe who defended To- leration, his fuperior Pallors were in the next place to be ad- monifh'd of their Duty, which was to thunder out their Eccle- fiaftical Anathema's againll the Perfons intitl'd to legal Indul- gence, which Anathema's were ftil*d Sentences ratify'd 4r* Heaven, and fuch as no Power on Earth durft reverfe. It was far from him, continu'd Mr. Cowper, to fay, that Sentences ratifyd in Heaven could be revers'd by the Powers of this World. But had Doctor Sacheverell been a fuperior Pallor, and Anathematiz'd, or, in plain Englijh Curs'd and Sentenc'd all thofe who enjoy'd the Benefit of Toleration, to Damnation, he defir'd to be excus'd, if he could not believe that fuch a Sentence would be ratify'd in Heaven. And as to any EcclefialUcal Cenfure not rgtify'd in Heaven, It was downright Infolence to fayr there was no Power upon Earth that could reverfe it. Bur fince the fuperior Pallors would exercife a truly Chri- ftian, and noble Spirit of Charity and Moderation, and indulge fcrupulous Conciences,the Doctor waspleas'd however to bear his Teftimony againft it, and was not contented with delive- ring over to Satan thofe only who enjpy»d the Indulgence, but thofe who defend Toleration mull alio bear them Company. The Doctor's, indeed, he faid, was a very comprehenfive Anathema, and conceived in thefe Words, And as he chofe it in this Worlds appoints him in the next his Portion with Hypo-" Jpocrites and Unhelievers, with all Lyars, that have their part in the Lake, which hums with Fire and Brimjlone, with the Grand Father of Falfiood, the Devil and his Jngels, And fo here we leave our falfe Brethren^ in the Company they always keep Correfpondence wet-e. " That this was a melt dreadful unchriftian Sentence, a Sen- tence fo barbarous, fo altonifhing, that he was at a lofs to imagine, how it could enter into the Mind of Man to con- ceive it ? And yet, perhaps, it might be equally dangerous to defend the Alhes of the venerable Prelate Archbifhcp Grindall ; who, it feem'd, had been a falfe Son of the Church, and a perfidious Prelate, as having deluded Queen Elizaheth to a Toleration of the Gentvian Difcipline j where the Do&oi's great Aver-r fion to all kind of Toleration might be obferv'd. But he thought, for the Sake of the Reformation, better Language Ihould have been given, and more decent Ex prelll- ons beftow'd upon a Man known to have born fo conliderable ft part in the Eitablifhment of it, TOsrt (»5) "Where likewife all Men might obferve the Dolor's Incli^ nation to wholeiome Severities, fuch as Queen Elizabeth had made ufe of, being fuch as, it was to be hop'd, would never be feen more in this Kingdom ; and by the way, what a Spi- rit that Man was of, who could find nothing to commend in the Reign of that Glorious Queen, but the blacked and worft part of it. He could not agree, that thofe harfh Expreflions, as the Anfwer own'd they were, could the rather to be excus'd, be- caufe the Remains of the Archbifliop had been fo long fince depofited, efpecially confidering that his Memory had been held in the higheft Efteem and Veneration by all the Reform- ed Churches in Chrijlendom, from that Time down to the fifth Day of November laft. For his own part, he thought it very Immoral to caft Re- flections upon the Dead, how ill foever they might have de- ferv'd from us 5 and the longer a Man had been fo, in his Opinion, rather aggravated than leiTen'd the Immorality, He was free to own, that the Man whofe Morals would permit him to reflect upon the Departed, was not therefore to be Impeach'd for it, as for an High Crime and Mifde- meanor ; but that was not the prefent Cafe. Archbifliop Grindall had been thus feverely treated upon a Suppofition of his deluding the Queen to a Toleration ; and all the hard "Words falfly and unreafonably beftow'd upon him, had been evidently leveled at the prefent Toleration, and defign'd ma- licioufly to Afperfe and Traduce it, by reprefenting it as in- jurious to the Character of all concern'd in it, dangerous to Her Majefly, and deftruftive to the Conilitution both in Church and State. By which Means, and others ( if pbflible worfe ) one part of the People, through groundlefs Fear and Jealoufie, unrea- fonably and malicioufly inilill'd, were 10 be flirr'd up to Arms and Violence; others, upon the Peril of Damnation, were not fo much as to utter one Word in defence of Toleration 5 whilft the third and laft Part were to have the Doctor's wholefome Severities executed upon them. He concuded, 'Twas too notorious that that Incendiary, for fo the Articles of the Commons of Great Britain call*d him, had already ftirr'd up unaccountable Feuds and Quarrels throughout the Nation $ of which the Commons were too fenfible, and had therefore brought the Offender before their >rd(hips in Juftice and in Judgment. For he had fown many Seeds of Sedition, and the Fruit to be expected was civil Difcord and Confulion, unlefs fome Re- medy were apply'd to prevent it. Therefore the Commons, for Her Majefly *s Safety, and for H % th$ ( ««) the Security of the Conftitution, had thought it abfolutely neceffary to bring him to anfwer for thofe high Crimes and Mifdemeanours before 'their Lordfhips Tribunal, conceiving his Offences to be of fo exorbitant a Nature, that they de~ ferv'd the Solemnity of that Proceeding. Then the Lords Adjowtf'd to their own Houfe. On We&nefday* March the Firff, The Lords came down in- to Weflminfler-Hxll, and being feated as before-mention'dr Proclamation was made by the Serjeant at Arms enjoining Silence, and another Proclamation for Dr. Sacheverell to ap- pear. Which the Doctor accordingly did, with his Council, as before ; and the Lord-Chancellor directed the Managers to pro- ceed in their Evidence. Then Mr. Thomfon apply 'd himfelf to the Lords to this Effecl : That their Lordfhips having heard what had been produc'd in Maintenance of the two firft Articles of this Impeachment, he mould take the Libeity to proceed, and endeavour to difcharge the Truft repos'd in him by the Commons, to fup- port the third Article, and the Aceufations contained in it $ and would not wafte their Time by making any Apology for his Inabilities, and being unequal to that Undertaking, as not -doubting but that he mould find from their Lordfhips a candid Interpretation of whatever he fhould offer upon that Occafion. He (aid, That Article was founded on a Vote or Refolution of their Lordfhips, and the Commons, in Parliament affem- bled, which was recited in the Preamble of thofe Articles, and the Occafion of which it might be neceffary to mention to their Lordfhips. That fbme few Years fince there had been many fcandalous and ieditious Rumours fpread abroad, of the Danger of the Church of England, as Eftabiifh'd by Law. Several Libels had been difpers'd over the Kingdom, reviling Her Majefty's Adminillration in Church and State ; and a- mong the reft, one intitfti, The Memorial of the Church of England. Her Majefty had been pleas'd to take notice of thofe feditious Reports from Her Throne to ehe Parliament ; and thereupon their Lordfhips and the Commons, on the 17th of Decemb. 1705, had come to the Vote or Refolution mention^ in rhe Preamble, and an Addrefs which was recited to thi* Effect': That their Lordfoips, and the Commons, in Parliament ajfembled, had Jddtefs'd, and laid hef ore Her Majejly a Vote cr jRefolution, That the Church of England, as eslablijb'd by Law, and which had been refcuyd from the extreamefl Danger by his lati C»7) late Majefty, of glorious Memory, was, by God's BleJJing, under Her Majejly in a fafe and flour ijbing Condition ; and that who- ever Jhould go about to fug £ eft and infinuate that the Church t*os in Danger under Her ~Majeftyis Adminiftraticn, was an Enemy to the Jgueen, the Church, and the Kingdom. And that their Lordftips, and the Commons, by their [aid Addreffes, had humbly be fought Her Majefty to make the [aid Vote or Re[olution publick, and to take effectual Measures [or the punifhing the Authors and Spreader: of fuch malicious and [editions Reports : And that on the loth of the fame Month Her Majefty had been phased to ijfue Her Royal Proclamation accordingly. And therefore the faid Article charges, That in Oppofttion to, and Defiance of, and in order to arraign and blacken that Vote or Resolution, Dotlor Sacheverell, in his Sermon preached at St. Pauls, didfuggeft and offer t the Church of England to he in a Condition of great Peril and Adverfity under Her Maje- Jly's A-dminiftration. The Article further faying, That he wickedly and malicicujly infinuated, That the Members o[ Par- liament, who pnfs'd that Revolution, were themfelves con[pi- ring the Ruin of the Church, which they voted to be out of Danger : And that by way of Parallel or Allufion to that A[- [embly who bad voted the Per[on of King Charles the Firft to be out of Danger at the fame time when they were con[ firing his Deftrullion. That he wonld do the Doclor the Juftice to take notice of •what he faid in his Anfwer, and alledg'd as his Justification. "Who deny'd that he aliened the Church to be in Danger, un- der Her Majefty's Administration : Or otherwife than from Vice and Infidelity, Blafphemy and Prophanenefs. And as to the Parallel in the Vote, and the Infinuation of the Members confpiring the Ruin of the Church, he faid he had never aiention'd that Vote, nor deilgn'd the Parallel as laid to his Charge ; but only meant, that while fome Men had been confpiring the Death of the King, others, not privy to that Deilg-n^ voted him out of Danger ; lb tho* the Members had voted the Church to be out of Danger, yet others were con- fpiring againu\,the Church, and by their Vice and Infidelity tvere drawing down Vengeance en the Church and Kingdom : And as to that Vote, made four Years before he faid it con- cerned only thofe who did then infinuate the Church of Eng- land to be in Danger under Her Majelty's Admmif.ration. That having iiated the Charge, and the Defence, he would proceed to acquaint their Lord (hips with the feveral Pafiages of the Sermon, which the Commons apprehended would make cut their Accufation. And there, he fhouJd take leave to fay, fliat 120 ft rain d or fore'd Conftrudiom could be defu'd by the H 3 Com? (u8) Commons, or expelled from their Lordfhips, or any Inferen- ces to be deduc'd, but what naturally arofe from a fair, impar- tial, and candid Interpretation. That the firft PalTage, the Commons apprehended, was for their Purpofe was in the 5th Page ; the Doctor, juft before, enumerating St. Paul's Misfortunes that befel him, while he was propagating the Gofpel, and then faid, There is a very obfervable Gradation in his Sufferings , but that , of all his Calamities, the higheft of them proceeded from falfe Bre- thren ; Then fpeaking of the Condition of the Church of Co- rinth, there follow'd ihefe Words ; Tho* it were very obvious to draw a Parallel here betwixt the fad Cir cum/lances of the Church of Corinth formerly, and of the Church of England at frefent, wherein her holy Communion has been rent and divi- ded by faftious and fchifmatical Impoftcrs, her pure Dottrine has been corrupted and defied, her primitive Worjhip and Dif- tipline propharfd and abused, her f acred Orders deny*d and vi- lify'd, her Priefis and Profeffori ( like St. Paul ) calumniated, mifreprefented and ridicuVd, her Altars and Sacraments profti- iuted to Hypocrites, DeiHs, Sqcinians and Jtlhifts ; and this done, X wijb I could pot fay, without Difconragement, I am fure with Impunity , not only by our prof efs^d Enemies, but^ which is worfe, by our pretended Friends, and falfe Brethren. To which Mr. Thomfon faid, It might be obferv'd, that the Doctor was very free in his Parallels, and when either Church or State was to be reprefented by Comparifcns, he was pleas'd to make ufe^of the word he could find. Saying the Church of Corinth was in the utmofl of Perils, and then it was to his Purpofe to make the Allufion, and bring the Church of England into the fame Condition. That there were many Particulars in that PalTage, whereby the Church was faid to be in the faid Circumftances, he could -aot tell how to apply them according to the Doctor's Way of Interpretation; for he faid all thofe Enormities were prac- tise, not without Difcouragement, and with Impunity, not by profefs'd Enemies, but by falfe Brethren ; which plainly ihow'd who he aim'd at as the Authors of thofe Cala- mities : For he excluded vicious Infidels, Blasphemers and Hereticks, who were profefs'd Enemies, and laid it upon falfe Brethren ; and he explain'd what fort of falfe Brethren he meant; for who could proftitute Altars and Sacraments to Deifts, Atheifts,' and Socinians, but fome of his own Order ? And who were to punifh fuch Offences among the Clergy, but their fpiritual Superiors ? And whether they were not Part of Her Majefty's Adminiftration,helubmitted to their Lordfhips. But, fuppofing the Fact, to be true, That there were errone- ous Doctrines publifh'd, to what end was the World to be told < m * told in that Manner, that they were vented with Impunity, but to reflect on thofe who ought to punifh them ; and could that be done without a Profecution? If the Doctor had pro- duc'd any of his undeniable and ample Proofs of thofe Matters, (which he mention'd in his Anfwer) before any Court that had a pioper Conufance of them, and been deny'd Juftice, he might have had more Reafon for Complaint ; but to blame his Superiors for not punifhing what they might be ignorant of, which he faid he was norland which he might have promo- ted a Profecution) feem'd to retort the Guilt upon himfelf^ which he would have laid upon them. The fecond PaiTage Mr. Thomfon faid , was in Page the 16th, where the Doctor, talking of a Comprehenfion which was defignM fome Time before, to unite the Church and Dif- fenters, complained of the Perfons who were concern'd in that heinous Intention ; and then he aflerted, That fine e that Model of an Univerfal Liberty and Coalition had fail'd, and thofe Falfe Brethren could not carry the Conventicle into the Churchy they were refoWd to bring the Church into the Conventicle^ which would more flaufibly and Jlily effect her Ruin. What could not he gain'd by Comprehenfion and Toleration^ was to be brought by Moderation and Occafonal Conformity, which was, what thej could not do by open Violence, they would not fail by fecret Treachery to accomflijb : If the Church could not be puWd down, it might be blown up 5 and no Matter with thofe Men, how it were deftroy*d, fo that it was deftroy*d. Who then were thofe Falfe Brethren that were concern'd in that Defign •of Comprehenfion, which faii'd, and who introdue'd worfe Mif chiefs? Did thefe Dangers proceed from Vice and Infide- lity, from Blafphemy, and erroneous Doctrines .? No, thofe Falfe Brethren were defcrib'd in the Page before, under his -fecond General Head, to be in Church and State, which mufl: ■be Perfons in Power and Authority 5 the Expreffion it felf im- porting its nov could they other wife be capable of acccmplifh- ing that Defign of uniting the Diffenters and the Church ; to which Defign, and the Authors who intended it, he was plea- fed to give the moft vile and fcurrilous Names imaginable, and afterwards laid to their Charge an Intention to blow up the Church by Moderation : And that he fuppos'd was one of the Vices which the Doctor mention'd in his Anfwer, as one Means of Danger to the Church. And if Moderation were a Vice he would do the Doctor the Juftice to acquit him frora the leaft Tincture of it, in any of his Works that lie had evet met with. That the third PaiTage was in Page the 18th : Where the Doctor was continuing his Obfervations of the Danger from iheiame Falfe Brethren in Church and State, and then his H 4 Words ( 120 ) Words were, Falfiood always implies Treachery ; and whether that is a ^tinlification for any one to he trufted, efpecially with the Guardianjhip of our Church or Crown, let our Gover- nors ccnfuier. Which muft relate to Perfons, who, as the Doctor would infinuate were not fit to be trufted with the Guardianfhip of the Church or Crown; and whether that Re- flection did not feem to aim higher than the Adminiftration, he fubmitted to their Lordfhips. That the next PaiTage was Page the 20th. in thefe Words And now are we under no Danger in thefe deplorable Circum- Jlances f Muft we lull our fehes under this fad Repofe, and in fuch a Jlupid Lethargick Security embrace our Ruin / When Elifha, the great Prophet of God, was furrounded with an Hoft cf Enemies that fought for his Life, his blind Servant beheld Tiot the Peril his Majler was in, 'till his Eyes were opened by a Miracle, and he found himfelf in the viidft of Hcrfss and Cha- riots of Fire. I pray God we be out of Danger ; but we may ieviember that the King's Perfon was voted to be fo, at the fame time that his Muitherers were confpiring his Death. That to excufe this Paflage, the Doftor faid, the deplorable Circumftances we were in proceeded from the Maturity of Na- tional Sins,grV. as in his Anfwer. But who were mention'd in his Sermon as the Occafion of the Maturity of National Sins but- theDiflenters,who,he faid were plottingthe Ruin of the Churchy and Falfe Brethren joinU with them ; fo that there neither was the Danger aliened from Vice and Infidelity, but as it "was occafioned by the DiiTention from the Church, which the Law had thought fit to apprehend as no Danger to the Church; and therefore it could not oecome him to aiTert the contrary t But as to the Parallel of the AfTembly, which Voted King Charles the Firft out of Danger, and of the Members who had made the Vote about the Danger cf the Church four Years before, he faid he had meant no Reflection on any of the Mem^ ?;ers who pafs'd that Vote, becaufe he had never mention'd that Vote ; and as to the Vote atout King Charles, others had been confpiring his Ruin than thofe who voted him out of Danger * fo while the Pailiament had voted the Church out of Danger, there had been other Enemies confpiring her Ruin. But if the Doctor had intended no Reflection upon that Vote, why had ♦ oting in any Cafe been mentioned r Could any one imagine that the Dotfor fhould not know of that Vote, fmce the Dan- ger of the Church was fo much his Topick? Nor could he be prefum'd ignorant of ihe Time when that Vote about King Charles was pafs"d, which, a^ far as might be obferv'd from the Hifiory of that Time, was in November 1648, that he was voted out of Danger; and when he was Tryed and Eeheaded i)£tdtd not be memicn'd. to their Lordfhips : Aird whatever Aheratipn tuij Alteration might have been made in that AlTembly after tha Vote, and before his Deaths had been done by thofe Perfons who had confpir'd his Defhuction, and who were Part of that AfTembly that had voted him out of Danger ; to that it feem'd plain, that the Vote of Safety, and the Confpiracy of Ruin, came from mod of the fame Perfons ; and it did not feem very ft range to fuppofe the Doctor had intended his Allufion in the fame manner. As to the Scripture the Doctor quoted to that purpofe, That the blind Servant beheld not the Peril his Majler Elifha was in% 'till his Eyes were opened by Miracle, and hs found himfelf in the midjl of Horfes and Chariots of Fire : Thofe Horfes and Cha- riots of Fire were not the Prophet's Enemies, but his Friends, nor was there any Danger to be fear'd from them ; on the con- trary, they were a Security from his Enemies; fo that he had plainly perverted the Senfe of that Text, to make a fironger Impreflion, and more effectually to delude the People. That the laft Pafiage was in the laft Page, where he was iiill talking of the Danger of the Church, and quoted a Text as in the Lamentations, (viz.) Tho* Jke lies bleeding of the Wounds Jhe received in the Houfe of her Friends. Which Text Mr. Thomfon declared he could not find there, and therefore faid it feem'd to him to be a Lamentation of the Doctor's own making; who then went on; Tho9 the ways of Sion may mourn for a Time, and her Gates be defolate, her Priejls figh, and Jhe in Bittemefs, becaufe her Advofaries are Chief, and her Ene- mies at prefent proper ; tho% among all her Lovers Jke has few to comfort her, and m any of her Friends have dealt treacher- ovjly with her, and are become her Enemies. He faid he men- tion^ thofe PaiTa^es only to (how, that the Doctor, by the moft Pathetick ExprefCons of his own, mixt with thofe Texts of Scripture, endeavour'd to reprefent the Church of England to be in the utmoft Danger. He fhould trouble their Lordfhips no further with the Para- ges in that Sermon ; but ought not to omit to take notice, that there was a Suggeflion in the Doctor's Anfwer, that the Vote four Years before did nor concern him, but that it related only to them that then did aiTert the Church to be in Danger ; but if he had minded the Words of the Vote, he would have found there was no Pretence for that Objection, for they were, Who- ever JJ)al I go about to ipfinuate\ that the Church is Danger lender her MajeJly's Admnijlration ; which mull relate to any Time during the Continuance of her Majefly's Reign. He begg'd leave to obferye fome Circumfiances attending that Offence, which gave it the higheft Aggravation. That the Merrtoral publifhed fome Years before, which had been the chief Occafion of the Vote in Parliament, was a Libel that ( 122 ) &evil'd Her Majefly and Her Adminiftration, as the Occaflon of the Danger of the Church. That the Author had been pleas'd to conceal himfelf, not dafing to avow his Doctrine ; but the Book had the Fate it deferv'd ; and from the Afhes of that Phcenix there arofe another Memorial, with many of the fame virulent ExprefBons againft Her Majefty's Adminiftra- tion, agreeing in the whole Scope of it, as to the fame fcanda-r dalous Purpofe, but far exceeding it in Malice and Inve- teracy. And that new Memoralift had prefum'd to Publifh his Se- ditious Reflexions in the moft open Manner imaginable, firft at the AfEzes at Derby, and afterwards in the great Metropo- litan Church of London • and had thought fit to Print and Difperfe about Forty Thoufand of them over the Kingdom; And whence could this extraordinary Zeal proceed ? Had it been to exhort Men to revere their Govef nors, and to fubmic to thofe in Authority over them ? Had it been intended to preferve Peace and good Will amongft Men? To promote Charity, Brotherly Love and Affeclion ? No, my Lords, there was plain Evidence to the contrary. He fhou'd be judg'd out of his own Mouth, and he told the Reafon of his Topicks in that Place, faying, he intended To open the Eyes of the deluded People in that great Metropolis, to fet the Rich and Powerful Inhabitants right in their Notions of Government in Church and State. They werepblig'd to him for his pious Defign, and for inftilling thofe Doctrines which, as their Lordfhips had been told the Day before, would make their Religion > Liberty, Property, and all that was dear and valuable, Preca- rious; he inform'd them further, That the Conjlitution in Church and State was vigorovfty attacked from Without, and lazily defended from Within ± that there were At tempts upon the Friends of the Church to put their Eyes and Mouths, in order to Undermine and Dejlroy them ; that he thought the Pulpit a proper Place for Politicks, and that it was the Bufmeff of a Clergyman to found a Trumpet in Sion, to ciy aloud and fpare not. And in his Preface to the Derby Sermon he ex- plain'd himfelf Hill further upon that Topick, That the Church was Jhame fully betray'd and run down: That there were fome ftill who would defend it with their Lives and Fortunes: And then Hated the Cafe as if there were an immediate Neceflity to take up Arms for a Holy War upon that Cccafion. That the Crime was more heinous, for that there was the lead Reafon for thofe Seditious Murmurs, than had been in any Reign whatever^ Was there any Invafion or Attempt upon the Liturgy, even the leaft Ceremony of the Church, or any part of the Ecclefialtical Conftitution? Were her Re- venues impair'd, or any of hex Temporal Rights violated ? No, ( m ) but her Majefty had diftinguifh'd Her Care for that Church in a more peculiar Manner than any of her PredeceiTors; She had given from her own Revenue to increafe that of the Clergy for their more creditable Support, and to enable them to Preach found Doctrine for the Welfare of Her Subjects ; nor was fhe wanting to promote Religion, Piety and Virtue, by Her own Royal Example, the molt effectual Encouragement. That thofe were the true Bafis of the Church, and the bell Pillars to fupport it. And what Occafipn could there be for thofe Reflections on Her Majefty's Adminiftration? Had not that Venerable Bench given the World abundant Proof of their Care and Vigilence to preferve that Church, of which they were the Guardians, by their Learning and unblameable Conduct, by their zealous and refolute Defence of her in the worft of Times, and againft all her Enemies : It was very furprifing that a Gentleman, whofe Education has been in the Fountain of Learning and Religion fo many Years, (who could not be prefumM to err through Ignorance) fhould pre- fume in his private Capacity to contradict the Senfe of the whole Nation, and caft fuch Afperfions on his Superiors: To what End could he fo zealoufly difperfe his Notions, *if not to animate a deluded People to the Execution of Sedi- tious Dellgns ? That it were to be wifli'd, a Government could be fupport- ed by Mildnefs and Clemency ; but fuch was the State of de- prav'd Nature, even thofe moft Paffive-Obedience Natures, that they were not contented to be only ungrateful for the Benefits they Enjoy'd from the Church and State, but they mull: .Rebel againil Principle, and fly in the Face of that Go- vernment from which they receiv'd their Support and Pro- tection. ' That the Doctor cry'd aloud, and there were many others that fpar'd not; fome having prelum'd to Cenfure that ve- ry Proceeding before their Lordfhips, as a Perfecution of the Church ; And what rr.uft be the Confequence of Tole- rating fuch bold daring Spirits to go on in their Seditious Practices ! If their Lordfhips did not vindicate their own Refolution?, and exert their Power and Authority to Supprefs that audaci- ous and unparallel'd Infolence, which daily flew abroad from the Pulpit and the Prefs f thofe, as the Doctor truly faid, being become the Mints of Faction and Sedition) he might take leave to fay, there would be too much Reafon for his Af- fertions of 'Danger both to Church and State: But the Com- mons were fo well fatisfy'd of their Lordfhips true Concern for the Prefervation of the Conflitution, that they could not ima- gine they would fuifer any Attempts that might be Pernici- R * ous ( in) Otis to the Welfare of the Government to pafs without Con- sign Punifhment ; and therefore they intirejy rely'd on their Lordlhips Wifdom and Juftice. Then Mr. Compton told their Lordlhips, He was Comman- ded by the Commons to afiift in maintaining the third Article of their Impeachment againft Do&or Henry Sacheverell, which had been fully open'd by the Learned Gentleman that fpoke before him. That the Commons thought they had good Reafon to affert, that Dr. Sacbcverell, in his Sermon Preach'd at St. Pauls, did falfly and malicioufly Contradid and Arraign a Refoiution of both Houfes of Parliament, appro v'd of by Her Majefty, and made publick by Her Royal Proclamation. Their Lordlhips could not but have obferv'd, that it had been one of the conftant Artifices of the Enemies of the pre- fent happy Eftablifhment, who very well knew the juft Value the People of the Nation had for the EftablinYd Church , to Suggeft and Infinuate, that the fajd Church was in a Condition of great Peril and Adverfity, in order to foment Animofities, and to cover Defigns they durft not publickly own. But how frequent foever that had been, he believ'd, he might fafely affirm, that Scandalous and Seditious Afler- tion had never been fo boldly maintain'd, nor with fuch in- vidious and aggravating Circumftances> as by the Criminal at their Lordlhips Bar. That, The Learned Society, of which he was a Member, had reap'd fuch fignal, fuch immediate Advantages from the Revolution, that he cou'd not be unmindful, he cou'd not be ignorant of the extreme Danger from which their Laws and Liberties, the Church and Confritution had been Refcu'd by his' late Majefly ; yet fuch was his Ingratitude to their great ^Deliverer, luch was his Inveteracy to the Revolution, that he made that very Revolution the Period of Time from whence the Enemies of the Church fir ft had Hopes to deliver her up to her worft Adverfaries; nor did his Malignity ceafe there, but he endeavour'd to perl wade the People, that from the Re- volution to that Time, there had been a cominu'd Series of Contrivances to Ruin and Deft toy the Church ', at the Revo- lution, by open Violence, but Then, that is, under Her Ma- lefty's Adminiftration, by fecret Treachery • and fince neither the late nor the prefent Reign could efcape his InvecHves, for what Perfon he refery'd his Panegyricks, was fubmitted to their Lordlhips to determine. That he wou'd not take up any of their Lordlhips Time tjnnecefTarily, but muft not conclude, without exprefling the indignation the Commons had at his traducing and vilifying the ( 125 ) the laft Parliament, by that odious Parallel in the 21ft Page ci his Sermon preached at St. Pauls. The Parliament he in that Manner endeavour'd to blacken, had been open'd with fo full an Appearance in both Houfes, that Her Majefty had obferv'd it with Satisfaction from the Throne, and at the fame time with Grief took Notice of the Malice of fuch Perfons, as Suggefted the Church to be in Danger, defiring the Affiftance of Her Parliament to Difcoun- tenance and Defeat fuch Practices; and that in Duty to Her Majefty, to fecure the Quiet and Peace of the Kingdom, and to difappoint the Defigns of the Enemies of the Church and Con- tf itution,both Houfes of Parliament had come to the Refolution, fet forth by the Commons in the Articles of the Impeachment which had been read to their Lordlhips : And the fame Par- liament had proceeded in that and other Matters before them, with foo much Vigour and Prudence, that in lefs than fix Weeks Her Majefty had graciouily taken Notice that their Proceedings produc'd a good Effect all over Europe: And at the Conclufion of the Seflion, Her Majefty, with great Goodnefs, had declared how much fhe was pleas'd to obferve their Unanimity and Zeal throughout the whole SefJIon againft every thing that tended to Sedition. And it had been the fame Parliament that lo chearfully concurred with Her. Majefty in promoting and compleating the Union of the two Kingdoms: And the Gentlemen who compos'd that Parlia- ment, joined by the Reprefentative of the other Part of the united Kingdom, had readily and unanimoufly afiifted Her Majefty in difappointing the Attempt of the Pretender to Her Crown, whofe chief Dependance had been in the Reftlefs and Arbitrary Principles of fame of Her Majefty's Subjects, ill-* affeded to their Country. He put it to their Lordfhips, whether there were any Ground to compare the dutiful Proceedings of fuch a Parlia- ment, with what had been done in thofe unhappy Times, with which the Doctor wou'd malicioufly draw a Parallel ? And for himfelf might fafely venture to fay, it was impoffible to find the leaft Refemblance between Her Majefty 's Glorious Reign, and that unfortunate Adroiniftration except that there were in the one, as well as in the other, f Miniflers of the Church, who, by their Funclion, being Mejfengers of Peace, fet up to be the Trumpets of Sedition and Incendiaries to Rebellion, But, that the Commons hep'd, The happy Period was then come, when even that Refemblance fhould have its Determi- nation ; for they entirely rely'd on their Lordlhips Jufiice to inflift fuch an Exemplary Punifhment on that Offender, as might fClar.mn. of the Rebel. V. 2. P. 18. ( "« ) might dttti others froni endeavouring to diffract the King~ dom with fuch groundlefs Dxftrufts and Jealoufies for the future, The Lord Qomngiby followed Mr, Compton, delivering him- felf to this Purpofe , That he was commanded by the Com- mons of Great Britai n to affift, and endeavour to make good, the important Charge they had Exhibited againft the Crimi- nal at the Bar; And in regard he was leaft able, amongft aM the Gentlemen who had that Honour, out of Indulgence to him he had been affign'd to the third Article, which wanted leaft to be fupported. That the Sermon preacftd by the Doctor at St. Pauls, and •which had been read to their Lordfhips, from the firft Word in the Title Page, to the laft Line in the Conclufion, was one falfe, malicious, and feditious Affertion, That the Church of England had been under the laft Reign, and ftill continu'd under the prefent, in the utmoft Peril and Danger. And the Proclamation their Lordfhips had heard mention'd, and which had been defign'd by Her Majefty* from whofe Speech it took its Rife, by their Lordfhips and the Commons who had concurr'd in it, to be a "Warning to fuch Incendia- ries, as the Criminal, not to trumpet amongft the People Sug- geftions fo feditious, in order to cover Deftgns more dange- rous, and which, God be prais'd, they were not yet ftrong enough, nor never, he hop'd, would be Publickly to own, fhew'd that a malignant Offender had committed that Offence in Defiance of Her Majefty, their Lordfhips, and the Com- mons. That the Proofs, brought by almoft every Gentleman to the two preceeding Articles; and thofe particular I nftances, to fully opencd by thofe Gentlemen, who had fpoke before him to the third, fhew'd it would be vain in him, and mifpend- ing their Lordfhips Time, to pretend to enforce thofe Points, which had been already fo fully made good. He would therefore very fhortly, tho* he hop*d very plain- ly, lay before their Lordfhips what were thofe pernicious De~ figns the Doctor intended to cover, and at laft hop'd to bring to pafs, by his Preaching, Printing and Publifhing, not on- ly round this Kingdom, but amongft his Friends on the other fide of the Water, that feditious, he might fay rebellious Difcourfe, for which he ftood then Impeach'd by the Com- mons. And as it had been fhewn their Lordfhips, by the Gentle- men that made good the fir ft Article, that the Doctor, by reflecting on the neceflary Means to bring about the Revolu- tion, the Foundation on which the prefent happy Eftablifh* mens ( «27 ) ment was built, by averting that Her Majefty ought to de- pend on no other Title to the Crown but Her Hereditary one, defign'd, by fuch deftru&ive Pofitions, to bring back the Pretender, with Popery and French Tyranny attending him to govern the State. So it was as plain, from the whole Scope of his Sermon, that the Do&or, and all thofe in Combination with him, had nothing more at Heart than to deftroy the prefent Church, as EffabliiVd by the wholefome Laws of the Land, and that be- caufe it was moil confonant in its Doctrine and Difcipline, to that of the primitive Chriflians of any fince the Time of the Apoftles ; and confequently lefs agreeable with the flaming Opinions of fuch Firebrands, who knew not of what Spirit they were of : And that in Order to fet up a Scheme of a Church, agreeable to the Tyrannical one they had projected for the State. A Church, the Doctor's he meant, tho' in Pretence Protectant, that would be ready foon to be turn»d into a Monfter, by adding to it felf a Popifh Head. A Church that would deftroy all thofe who brought about, and had fince fupported, the happy Revolution; A Church, which upon A nti-chriftian Principles, profefs»d Burning for Conference- fake ; which the Doctor, like thofe wicked Men whofe Mercies were cruel, call'd wholefome Se- verities. A Church that would turn all the Bleffings they enjoy'd under the prefent Adminiftration, into all thofe Miferies they had got rid of by the Jate glorious Revolution. He could not therefore doubt but their Lordfhips would g out of Duty to the bell of Queens, and in Juftice to themfelves and the Commons, deter others from ever being guilty of the like heinous Offence. Next, Mr. Dolben fignify'd to the Lords, That the third Article of the Commons Impeachment contain'd one criminal Portion, That the Church of England was then in a Condi- tion of great Peril and Danger under Her Majefty*s Admini- llration, aggravated by an odious Parallel which afforded a pregnant Proof of the true Spirit and Defigns of that bold Offender. That the Accufation had already been fully made out by plain and poiitive Words in the Doctor's Sermon, from which as well as from many other Paffages, he fhould beg leave to fubmit to their Lordihips Judgment, whether that wicked Parallel might not juftly be turn'd upon him, whether there was not more than Sufpicion that he, and all his Abettors, were confpiring the Ruin and Defhu&ion of the Church, when under the Difguife of a falfe Zeal they proftituted her dm facred frame, to carry on dark and deep Defigns, fatal both to Church and State. He fhould only briefly take Notice to' their Lordfhips, that the Guilt of that Offence arofe from a plain Contempt of Her Majefty's Ppoclamaron, and of the Refolutions of bothHoufes of Parliament, mov'd by no Inducement, but an Eagernefs and Induftry not to let any Shadow or Colour efcape that might contribute to his Part in the grand Defign, to be only effected by fomenting Divifions and Diffractions among the People. But in order to unvail the Debtor's Pretences, and to take away his trivial Excufes, he begg'd leave to reprefent to their Lordfhips, that tho* the whole Legiilature had not, from a full Conviction of the Church's Security and Safety, laid a fevere Injunction againft the Publifhing fuch a falfe and per- nicious Suggeffion, yet evident Tru.h ought to have taught the Doctor not to have tranfgreis'd in lb notorious a Manner. That when it appear'd the Church had the Sanction of fo many and fo good Laws to effablifh and defend it, when the Veneration and Devotion to it, of fo great a Majority of the People, was fo vifibly fix'd in their Hearts, that the bad Ex- amples and provoking Behaviour of that falfe Brother, and of feveral others of the fame Stamp, had not made the ieaff A- batement, or Impreffion to its Difadvantage ; when the Par- liament on all Occafions appear'd fo forward and unanimous in their Zeal and Affection for it ; when 'twas recommended and illuff rated by the Learning, Piety, Wifdom, Charity and Chrifiian Moderation of fo many of its chief Pallors * but a- bove all, when 'twas under the Protection and Government of a fupreme Head, a true and conftant Defender of its Faith and Difcipline, who having already expos'd Her Royal Per- fon to Hardfhips and Danger, to refcue it in a Time of its utmoff Peril, and continu'd daily to manifeft the fame Devo- tion, Piety, and tender Concern for it : Under that powerful Alliance for its Support, could any thing but Malice and En- vy at its Profperity, could any one but an Incendiary, or difguis'd Enemy, infinuate, that the Church of England was not fene'd and fortify'd with an impregnable Barrier againft all Danger, from open Attacks or Violations ? He granted it was true, That no human Care or Policy could prevent the Attempts and fecret Confpiracies of inteff ine Traitors. That Vipers in the Bof om might fting tho* the Body were covei'd with the ftrongeft Armour. Yet all that could be done was, to be watchful to difcover and expofe the Hypocrite, to detect and punifh his Crimes, The Commons therefore, on that Occafion, were there exerting their Part of that Duty, fully aflur'd of Succefs from their Lordfhips equal Zeal and Juftice, He ( "9 ) He faid, Their Lordfliips had then at their Bar a Clergy- man, bound, by the flrongeit Ties and Duty of his Function, to Inftruft and propagate the neceiTary Means for the Peoples true Happinefs in this World, as well as the next ; yet theit Lordfhips would find him prov'd to be a Trumpeter Itinerant of Sedition and Rebellion, fir it at Derby, then in London $ an Agent detached from that daik Cabal, whofe EmifTaries ap- pear'd in all Shapes, and almoft in all Places; an Affeaer of fuch pellilential and parallehi Doctrines, as at once over- threw the whole Conititution and State. He might perhaps urge a Precedent in which it ,had been pleaded, and from the Pulpit, that an urgent NecefSty could juftifie the Breach of Laws; and from others, that in particular Cafes they might be difpens'd with ; but that Gentleman could not but be al- low'd the Infamy, of having llretch'd and improv'd thofe per- nicions Tenets to the exalted Height of making all their Laws* Liberties, Religion and Lives held only at the preca- rious Pleafure of any bold Invader ; for nothing could be a plainer Expofition or Confequence,when 'twas taught, that no Oppreflion, no Violation could juflifie an Oppofition to it. That the Commons had brought that Offender before their Lordfhips, with a View, not only to detect and punifh his Offence, but. to obtain an Occafion in the moft publick and authentick Manner to avow the Principles, and juflify the Means, upon which the prefent Government and the Prote- ctant Succeffion were Founded and Eflablifhed, and that more out of a generous Concern for Pofterity, than for their own prefent Security. Being fo hajpy as to have a Sovereign on the Throne, whofe Goodnefs, Juftice and Piety left no room for the hall Fear or Jealoufie ; but they hop'd the Record of that Proceeding would remain a lading Monument, to deter a SuccefTor, that might inherit Her Crowns, but not Her Virtues, from attempting to invade the Laws, or the Peoples Right ; and if not, that it would be a noble Precedent to ex- cite their Pofterity to wrellle and tug for Liberty, as they have done. That he doubted not but Her Majefty would, with the greateft Satisfaction, fee the Government thus put upon a Right and equal Foot, fince thereby thofe Bleflings would be fecur'd to future Ages, which Her happy Reign had planted amongft them, fince thereby (he would intail a lading Felicity on Her People, and prevent thofe real Dan- gers both to Church and State, which at that time were fo falfly infinuated. But if that ihould not then be effectually obtaind, and by fuch wholefome Severities as the Doctor ap- plauded and recommended, he begg'd leave to conclude, with jufter Complaint than that in the Do&or's Anfwer, That hard was the Fate of that People, who after having been twenty Years in War, in Conjunction with fo many greai Allies, at the Expence of fo much Blood and Treafure, c'on- I sendbg ( *39 ) ending only againft Tyranny and Oppreflion^ which they might juftly hope was at laft: fubdu'd, fhould then fee all Eu- rope enjoy the Fruits and Benefits of their Labours ; and at the fame time, tho' Her Majefty's well chofen General fhould at lafl bring home Peace, as he had fo often the Lawrels of Victory, to lay with humble Duty at Her Royal Feet, yet they, only they, fhould be render'd uncapable of the common Blefling • betrayed at home to a perpetual Condition of Bon- dage, by fuch falfe Brethren as were at their Lordjhips $ar. Here the Lord Haver (bam mov'd the Lords to Adjourn to their Hcufe ; and being return'd, and Proclamation for Silence made by the Serjeant at Arms. The Lord Chancellor told Mr. Dolben, The Lords had ta- ken Notice that at the Conelufion of what he fpoke he had- us'd this Expreffion, as were at their Lordjhips Bar • which "Words were fo general, that their Lord (hips were of Opinion they wanted an Explanation. Mr. Dolben anfwer'd, That thofe Words had relation only to the Prifoner at the Bar. Then Serjeant Parker fpoke to the fourth Article thus, That their Lordfhips had heard the three firft Articles of the Charger largely fpoken to ^ and it was his Duty, in Obedience to the Command be had been Honour'd with by the Commons, to make good the Charges in the fourth. That he was fenfible how unequal he was to fuch a Work, both from his want of Capacity, and his prefent Indifpofition j but however, in. fuch manner as he was able he would endeavour it. He faid, That Aiticle did fet forth, that He the/aid Henry Sacheverell, in his faid Sermon and Books did faljly and mali- cioujly fuggeft, that Her Majejly^s Adminijiration, both in Ec- clefiafiical and Civil Afairs, tended to the DcJlruBion of the Conflitution • and that there were Men of Charaflers and Sta- tions both in Church and State, who were falfe Brethren, and did t h em f elves weaken , undermine and betray, and did encou- rage and put it in the Power of others, who were profefs'd Enemies, to overturn and deflroy the Conflitution and Efla- blifpment : And charged Her Majefy, and thofe in Authority under Her, with a general Male -Adminift rat ion 5 and as a publick^Incendiary, he perfuaded Her Majefy" s Subjecls to keep up a Diftintlicn of FaBions and Parties, infill d groundless Jealoufies, and fomented dejlrvclive Divijions among *em, and excited and Jiirr'd *em up to Arms and Violence : And, that his. faid malicious and f edit ions Suggeflions might make the Jlronger hnpvejjhns upon the' Minds of Her Majefy' s Subjecls, he the 'faid Henry Sacheverell did wickedly wrejl and pervert divers. Texts and- Pa ff ages of holy Scripture* That ( »*o That this Article in general, was a Charge of Sedition un- der feveral Aggravations, and made good by almoft every part of the Sermon and Dedications, read before their Lordfnips in Evidence. The avow'd Defign of the Sermon, was to reprefent the extreme Perils and Diftrefies of the Church and Conflitution from falie Brethren," that were in the Adminiihation, and countenanc'd by it. It repre(ented the Chur.h in the utmoft Extremity, thofe Fences broken down, without which (he was naked and un- guarded, her Altars and Sacraments proflituted, her felf de- feated, betray'd, undermined, and persecuted with open Vio-» lence, bleeding of her Wounds, her Enemies openly calling for her Dejlruciion. The Nation, funk into the loweft Degree of Corruption, fwarming and over-run with Atheijls, Deifis, Socinians, Hy- pocrites, Villains, Rebels, Tray tors, Correfpondents Kith the Devil, nay, with Men that were themlelves the worjl of Damons. The Government, fo far from applying a Remedy, that all this was done Openly, with Impunity, without Difcourage- ment : Nay, the Perfons from whom the Mifchiefs arofe, were fuffer'd to form themfelves into Seminaries, to propagate A- theifm and other Hellijh Principles ; were let into the Admini- ftiation, they were in Places, Places were given 'em as the Reward of betraying their Party, they engrofs^dall Places, they were Perfons of Characters and Stations, nay,they were a Chief,- That this had not been done in any Reprefentation to thofe, who, by making new Laws, or putting in Execution the old, might regularly cure' thofe Mifchiefs ; but in a popular Ha~ ravgue from the Pulpit : Not in Terms of Lamentation, not as Grouncs Gf Humiliation, or in a Language that might be- come one that thought the only Arms of the Church to be Prayers and Tears ; but with alt Malice, Bitternefy, Reviling, Infolence, endeavouring to raife in his Auditors the Paflions him felf put on, and pointing out (as far as he dai'd) to Arms and Violence for a Cure, and not lb much as offering any other. That thofe were the Colours in which he painted the Con* dition of the Nation, and in that Manner he chofe to fheW 1 the Zeal and Duty he profefs'd to the Bell of Queens. But fince he pretended in great Meafure to deny or evade the Charge, it might notbe amifs to look a little more parti- cularly into his Sermon, and take a View of the Scheme of it, andoffeverai PalTages therein. The Crime he profefs'd to fhow the Mifchiefs of in this Sermon, was falfe Brotherhood ; The Method he propos'd to treat it in, was, 1. To defcribe the Crime, and to fhow who were falfe Bre~ I l threr.f C 132 ) thren, and upon what Accounts ; and he confider'd it both with refpecl: to the Church and to the State. 2. To fhow the Dangers. 5. The Guilt and Folly of that Sin. And 4. ( That it might appear that all the Crimes and all the Treacheries he mentioned were not mere Suppofition s, but Realities, at that time, ) He undertook, as a Confequence of all tojbew what mighty Re a f on there was at all times, more efpecially AT THAT PP ES E NT, to ftick to the Princi- ples of the Church and Conftitution, and to beware of, and mark all thofe falfe Brethren who deferted or betrayed *em. He faid, He believ'd the firft Claufe of the Article then in- hand would fo clearly be proved from the PaiTages that more directly concern'd the fecond and the third, that he defir'd, for faving their Lordfhips Time, to begin with thofe two Claufes, and then to return to the firft afterwards. And therefore he began with the fecond Claufe, That the faid Henry Sacheverefi, in his Sermons and Books, did faljly and malicioufly fuggeft, that there were Men of Characters and Stations in Church and State who were falfe Brethren, and did themfelv.es weaken, undermine and betray, and did encourage end put it into the Power of others who were pofefsid Enemies , to overthrow and deftroy the Conftitution and Eftablijbment. To make this out, he begg'd leave to obfeive, that the De- btor, in entring upon his fecond Head, which was to fhow the great Peril and Mifchief of thofe falfe Brethren both in Church and State, afferted, fag. 1$. That they weakened; undermined and betrayed in themfehes, and encouraged and put it in the Power of profefs'd Enemies to overturn and deftroy the Confti- tution and Eftablijbment of both. This, he^d, run thro' the whole Difcourfe j. and, being affirm'd of falfe brethren in ge- neial, mufi be applicable to every fort of falfe Brother. If then there were any Perfons of Char afters and Stations whom he reprefented of falfe Brothers, then he had, in the place memion'd, affirm'd of T H E M, and undertaken to prove, that THEY weakened, undermined and betray'd, and put into the Power of others to overturn and deffroy the ConftitU" tion and Eftablijbment. And as to that, he came under his third Head, pag. it. to fhow the Malignity and Guilt of that Sin, in refpecl: of the World, and began it thus, (pag: 21, 22. ) What a vnft Scan- dal and Offence muft it be, to all Perfons of Piety and Integri- ty^ to fee Men of Characters and Stations thus Jbift and preva- ricate with their Principles, and ft ar ting from their Rt Ugh on % upon any occafion of Difficulty or Tryal, and like the Difciples flying from and for faking our Saviour ■, when his Life lay at flake ; to fee Mens Opinions fit as loofe almoft as their Gar- vientS) to be put on or off for Convenience j what can unwary Per f on. ( 133 ) Per/ans conclude from this Ter giver fation and Hypocrife, but that all Religion is State-craft and Impojlure ? That all God- linefs is Gain, and that the Doctrines of the Church lie not fo much in her Articles, as her Honours and Revenues ? This, Serjeant Parker faid, was a full Charge of Falfe Bro- therhood upon thofe Perfons of Characters and Stations, and exemplifying in them the Malignity of that Crime, which was the Subject of his Difcourfe z The Confequence being plain, that he there charg'd 'em with falfe Brotherhood, and having before aflerted, that all Juch falfe Brothers weaken1 d9 undermined and betray* d, and put it into the Power of others to overturn and dejlroy the Conftitution and Eftablijbment ; he had not only fuggefted but maintain'd, that there were Per- fons of Characters and Stations that weakened, undermined and betray *d, and put it into the Power of others to dejlroy the Con- fiitution and Eftablijbment. And in his Anfwer, put in "before their Lordfhips to the Articles of Impeachment, he would divide the Charge in that Claufe; and (i.) as to the fuggefling that there were fuch Perfons who were Faife Brethren, he faid, That if he had faid there were Perfons of Characters and Stations that were Falfe Brethren, not retraining it to the higheft, it would not be either falfe, malicious, or highly Criminal. ( 2. ) As to the weakening, undermining, and betraying in themfelves, and putting it into the Power of profefs'd Enemies to overturn and defiroy the Conftitution, he faid, he had not fuggefted that of Perfons of Characters and Stations ; but the mention of thofe Perfons, and the Expreffion of weakening and betraying in themfelves, and enabling others to dejlroy the Conftitution, were twelve Pages afunder. ( 5 . ) He mention'd fome, who he thought did weaken and betray the Conftitution, but had not faid any of them were Men of Characlers and Stations. In anfwer to thefe Glofies, the Serjeant added. He might fay, that if that were meant, not of the higheft Characlers and Stations, nay though it were true too, the affirming it of them would be Criminal, and in the Manner .he did it, 1 highly fojj for all fubordinate Magistrates, of whatever Sta- I tion, might be regularly complain'd of, and call'd to account £ But the Meaneft were not to be tradue'd and libeli'd, nor the Government upon their Accjuius. But this he offer 'd, That the Words, if not rejirain'd to thofe of highefi Characters and Stations, neither are they re~ ftrain'd to the loweji ; and, in Truth, (truck all, and Co were intended, as other Parts fhow'd. And it was noExcufe, if he fcandaliz'd Perfons of theio/g-flef .Characters and Stations, that he did not fcandalize them only. It was no Excufe, when he lpoke opprobrioufty, in general I 1 Terms # C 134) Terms of Men of Characters and Stations, without diilin* guifhing to his Auditory, to diftinguifh upon his Defence, and pretend he meant only fome few of the meaner fort • which was, that when he was fpeaking of the Mifchiefand Ma- lignity of that Crime, and ihowing how Great it was, his AfTertion concerning Men of Characters and Stations in gene- ral, was meant only of thofe, in whom the Mifchief and Ma- lignity was le aft. No, it was a general Arraignment of the Government throughout, and as fuch he muft Anfwer for it. And to put it out of Doubt, he had faid, pag. 26. in Scripture Words, That the Church's Jdverfaries were chief. For what he talk'd of feveral Senfes, in which he faid he took falfe Brethren in the Sermon, 'twas not at all material in what Senfe he charg'd thofe Perfons with falfe Brotherhood, if in Conference thereof he charg'd them with betraying the Church, and impowering its Enemies to deftroy it. The charging them with being falfe Brethren, had been a Fault , as that was a Term of Reproach, which, with him, carry'd juft as much Malignity as he pleas'd, even to fome thing ana- logous to the Sin againft the Holy Gbojt, and rend ring them, the worft of Damons. But the St reft of the Accufation, was the Treachery they were charg'd with as falfe Brethren. 2. In the next place, therefore, he deny'd that part of the Charge 5 and firerrd Reafon he gave was, that the two Ex- preflions were twelve Pages afunder: An Anfwer the Serjeant admir'd to fee put in upon fo folemn an Occafion ! As tho* the falfe Brotherhood he fhow^ the Danger of, and the falfe Brotherhood he fhow'd the Malignity of had no Relation to one another, becaufe twelve Pages afunder. 3. The Doctor mentioned fome that he affirmcd to be Weak- Tiers and Betrayers, &c. but faid he did not fuggeil thofe to be Men of Char after s and Stations. All the Inference to be drawn from which, was, either that there were befides thofe, fome other Weakners and Betrayers, that were Men of Cha- racters and Stations ; or that fome of thofe were Men of Cha- racters and Stations, tho' he had not faid fo ; which was no Excufe for him. For tho4 he had not defcrib'd every fort of Weakner or Betrayer; and tho' he had not told which fort of Weakner or Betrayer he rank'd the Men of Characters and Stations under ; yet he had in general charg'd Men of Characters and Stations with Falfe Brotherhood, and as Falfe Brethren to be Weakners and Betrayers, &c. That, In the next Place, he would lay before their Lord- fiiips the Proof of the third Claufe of that Article, which iaid, That Dr. Sacheverejl charged Her Majejlyt and thofe in Juthority under Her, with a general Male- Jdminiflt -atiom Which every Part of the Sermon made out, reprefenting the whole C 131 ) whole Nation in the utmoft Diforder and Confufion, and the ilagifbates, inftead of allying a Remedy, rather encreafing the Diflemper. And at Page the 14th there was a very home and a direct Charge upon the Government. It came under that Part of the Sermon, where he wasdefcribing Falfe Brethren with Re- lation to the State : And when he had declar'd very largely what they did, and what they held; he went then "to what they were fuffefd to do : And faid, Thefe Falfe Brethren in our Government do not yfingly, in private Jpread their Poifon ; hut (what is lamentable to be Jpoken) ate funer'd to combine into Bodies and Seminaries, wherein Atheifm, Deifm, Trithe- •ifm, Socinianilm, with all the Hellifh Principles of Fanati- cifm, Regicide, and Anarchy are openly profefs'd and taught^ to corruft and debauch.the Youth of the Nation in all Parts of ity down to Pofierity, to the pefent Reproach, and future Ex- tirpation of our Laws and Religion. . That the fu feting thofe Things was a di reel: Charge up- on the Adminiflration ; and he in Effect declar'd it fo, when he concluded, that it was to the Reproach of our Laws and Religion ; that is, of thofe that did not mend, or did not exe- cute the Law : And he brought it home to the fir A Claufe5 when he declar'd the Confequence to be the Extirpation of our 3-,aws and Religion. That the PaiTage before read, Page di. concerning Perfons of Characters and Stations, likewile prov'd the fame. For, what could be a greater Charge upon the Adminiflration, than to accufe the Minifhy of putting into publick Stations Falfe Brethren, that betray'd-the Church, and empowered others to dejlroy it? That the Expreffion there was fo general, as to reach all in publick Stations, the Serjeant faid, he had betore obferv'd ; and that it was fo meant, might be made plain, be- caufe in the fame Paflage the Doctor was apprehenfive that thofe Perfons Behaviour fhould give occafion for believing Religion to be but State-Crafty that is, a Stratagem us'd by the State to ferve it's Own Ends; " That the Dofirines of the Church lay not fo much in its Articles, as its Honours and 'Revenues ; which Honours and mofl tempting Revenues were in the Hands of the Crown, and thofe that were byafs'd by them .muft be by byafs'd by the Crown and the Adminiftration0 That at Page 23. " J Falfe Brother was reprefented as re- Ci linprfjhivg his old Friends and Principles, and betraying his " own Party for the little fordid Lucre of Place or Preferment » Which was a plain Reprefentation of a Villain, felling his Confcience; the Price being Place or Preferment, the Buyer who pay'd him that Price, muft have the Difpofal of thofe Places and Pre.ermentsj fo that thofe Falfe Brethren were not only fifer'd, but made fuch by the Adminiiiration. I 4 For, («3«> For P. 18, He plainly fuggefied, That the Falfe Brethren he mention'd, as put into Places, were put in by our Governors, when he bid the Governors confider whether they were fit to be entrufted, efyecially with the Guardian/hip of our Church end Crown : For to what purpofe was that Qualify* A Admoni- tion, if the Governors had put fuch Perfons into no Places at all ? And Admonitions to Temporal Governors, with refpecl to mere Matters of" Government, tended only to affront 'em, if j)refent,but could have no other Effect, when tney were abfent. Which Head was concluded by the Preface to the Derby Sermon, without any Obfervation or Comment upon it, in thefe Words. Now when the Principles and Interefis of our Church and Conftitution are fo Jhamefully betrayed and run down, it can be no little Comfort to aU thofe, who wijh their Welfare and Security , to fee, that notwithftanding the fecret .Malice and open Violence they are Perfecuted with, there are fill to be found fuch worthy Patrons of both, who dare own and defend them as well againft the rude and prefumptuous Infults of the one Side, as the bafe undermining Treachery of the other. For the Serjeant omktedto repeat what had beenobferv'd upon the third Article, or upon the former Claufe fpoke to by himfelf. And Return'd to the firft Claufe of the Article in hand, "which run thus, " That the Do&or Suggejied that Her Ma- jefty's Adminiftration, both in Church and State, tended to the BeftruBion of the Conftitution. Which was made out from what had been faid on the other two 5 for, if Men of Characters and Stations in Church and State, that' betray*d the Conftituion, and encouraged and en- ahlld others to destroy it, came into their Places thro* the Ad- miniftration ; if the general Male- Adminiftration of Her M&- jefty and thofe in Authority under Her, confided in part, in Preferring and Encouraging, at leaft not Difcour aging thofe Perfons that betrayed and deftroy'd the Conftitution ; the ne- ceffary Confequence was, that all thofe fatal Mifchiefs com- plain'd of arofe from the Adminiftration, which therefore plainly tended to the Definition of the Conftitution. Befides, that the Dodor having involv'd all thofe in that Defcription of Falfe Brotherhood, who defended Toleration; and having declar'd the Church's Adverfaries Chief, confide- ring who was Chief and what Promife shad been made for Con- tinuance of the Toleration : His Infolence ought to be treated rather with Indignation and Contempt, and a juft Punifhment, than vouchfaf'd an Anfv/er. That, As to the next Claufe containing thefe Words, And as a Publick Incendiary, he perfwades Her Majefty's SubjeRsto keep up a DiftincTion of Factions and Parties, inftilU ground- hfs jealoufies, and foments deftruclive Divifions among them, and • ( 137 ) ini excites and Jlin them up to Arms and Violence* 'twas fufficient in fhort to fay. What he advanc'd againft the Foundation of the p ej en t F.fla- hli/bment, zr\d againft the Adminifi 'ration, was an Incendiary. That he perfwaded Men to keep up Diftinclions, and in- flill'd groundlefs Fears and Jealoufies- among them, was plain from the Drift of all he faid, from his Language of Forfaking old Friends and Principles, Betraying their Party, which he made to be the great Crime of thofe in Place s, and went to {how the Folly of it, pag. 2?. And tho* he pretended in his Anfwer, that he invited Schifmaticks into the Church, it was only on thofe Terms, that they comply'd with his Notions to a Tittle: He made no Allowance for Human Frailty, for Prejudice or Ignorance, and in fome Inftances exprefly difallcw'd *em ; and thofe who were fo weak as to fancy the Church in any Particular not to be in the Right, tho' in all others they fincerely and conftant- Jy conform'd to it, even thofe muft continue Schifmaticks ftil] : If, with thofe miftaken Opinions, they Communicated with the Church, they were Falfe Brethren, and as fuch to be ab- horr'd : And yet if they did not, they were not to be Tolerated. Nay, whoever had fo much Companion for fuch a Cafe, as to think it might be Tolerated, was a falfe Brother too, as defending Toleration, which was giving up one Point of the Difcipline of the Church, and encouraging Schifm. For tho* he feem'd in words to approve of an Indulgence to Confciences truly fnupulous, yet in reality he approv'd none^ fince he admitted not any one to have a Confcience truly fcru- tuloiu \\\2X differ'd from him, but all fuch were Falfe Brethren, Villains, and to be ftigmatiz'd with all the other Names of ! Reproach he was fo liberal of. ' And as to Fears and Jealouf.es, thofe were naturally pro- ; duc'd by fuch Reprefentations of the Dangers the Church and I Conftitution were in ; and as thofe Dangers were meerly ima- ginary, thofe Fears and Jealoufies were groundlefs. So as to his inciting Her Ms jelly's Subjects to Arms and Vi- olence, that he did it, was mod manifefh For the fpreading among the People fuch hideous Reprefen- tations of an evil Government, fuch Outcries, of the Church and true Religion being undermined, betrayed and exposed by thofe in the Adminijlration, naturally tended to Rebellion. , And therefore at common Law, as was exprefs'd in the Lav/ ; Books, to bear the People in Hand (thefe were the very "Words) that the King's Governnient was erroneous, heretical or unjuft, whereby the manner of the Government was Ar- I raigvSd or Impeactrd, was High Treafon. That the PafIion,Heat and Violence in that Sermon preach 'd I in publick could be intended for nothing elfe but to raife the .ns erf thofe that heard it. The < 138 ) . The People being call'd upon to put on Refolution tmdVmi* wage ; aiTur'd the Caufe at that Time requir'd the bravejl Re- folutions^ exhorted to contend earnefily for the Faith, being elfewhere told againft whom, againft Falfe Brethren, againft the Enemies he had defcrib'd, fuch as had Places and Prefer- ments, were Men of Chaia&ers and Stations ; fuch as were Chief and then proffer V, and that denounced, Woe againft tlx fearful Heart and faint Hands, That the Expreflion of {landing by Her Majejly with Lives and Fortunes, and of Sacrificing them in Her Service, being •now hecome a familiar Phrafe, for ajjifting Her in War, thofe Expreflions were affected. That in the Dedication of the Derby Sermon he extoll'd thofe, who were for maintaining what he call'd forfaken Truth with their Lives and Fortunes. And in the Sermon at St. Pauls, page 9, 10. the Readinefs to Sacrifice Lives and Eflates in Vindication of the Church, was reprefented as fo Noble a Refolution, that in comparifon to that, Obedience to her Precepts that is, a good Life, was but as the one thing necejfary in the Gofpel, only an extraor- dinary pitch of Perfection, only as the telling all his Goods, and giving the Price to the Poor, was to an exact Obfervance of the whole Moral Law. But in the Dedication of the St. Pauls Sermon the Doctor feem'd to avow this Defign • he pretended not his Sermon to be Chriftianity, but ownd it to be Politicks, not preaching Veace^hut founding a Trumpet. For he ftated the Objection, that the Pulpit was not a place for Politicks, and that 'twa? the Bufinefs of a Clergyman to preach Peace, and not to found ofefjion s of Loyalty to the Queen. For he was not then going to difpute or limit the Dcdtrine of Kon- Refiftance, which had been the Bufinefs of thofe Gentlemen that fpoke to the firft Article. By Palp Brethren (he. faid) in the Text of the Sermon were meant, thofe who pretended to be Chriftian?, but really reere not , and Dr. Sacheverell feem'd fo to underftand it : and therefore decjar d thofe to be Fatfe Brethren in the CHURCH, that pretended to be of the Communion of the Church of Eiigland, but were not, that Jiv'd in its Communion, but cwn'd ( ho ) which the Doctor fancy'd the miraculous opening the Ser- vant's Eyes had difdos»d to him. He therefore thought he might give the Docftor his Choice, what that proceeded from, whether from his not knowing that PaiTage, but taking it upon Hear fay, or his Refolution know- ingly to pervert ir. That the next Paflage was, fag. z6. the Words of St. Panlh Efb. ( 144) £pfa 6*. with which, after a Difcourfe where all the focfa and goo'd-natur'd Virtues were taught in the higheft Perfecli- on ; where the Apoftle had recommended, Chap. 4. ver. 2. Lowlinefs, Meeknefi, Long-fufering, forbear ivg one another h Love, endeavouring to keep the Unity of the Spirit in tht Bond of Peace \ where he had commanded i v. 31. that ah Bitternejs, and Wrath, and Anger, and Clamour, and Evil- jpeaking he put away, with all Malice 5- and ver, $2. that thofe to whom he writ mould be tender-hearted, forgiving one another, even as God for Chrijl's-fake had forgiven tbem- (ver. zj. ) that had forbidden giving place to the Devil, but not to any other ; the Apoftle concluded, that in fuch a Spi- ritual Warfare, and that they might be able to with/land the Wiles of the Devil, they fhould put on the whole Armour of God, becaufe they wrejlled not againjl Flejh and Blood, but a- gahfi Principalities, againjl Powers, againjl the Rulers of the Darknefs of this World,againJlJpiritiialWickednefs in high Places, The Doctor, after a Difcourfe full of Bitternefs, Reviling^ Wrath, Clamour and Evil-fpeaking, forbearing no Man in Love, nor forgiving any that differed from him one Tittle^ and having fhown other Devils incarnate, (pag. 2$, 25.) the worjl of D&mons, other Powers, others in Places and Stations, againft whom his Auditors were to contend earnejtly, repeal- ed thofe Words,not in thejpiritual Senfe the Apoftle had us'd 'em, but, as the whole Subjett and Drift of his Difcourfe fhow'd as an odious Defcription of the Government, in Scripture Words; i and whether he meant the Armour in the Apoftle's Spiritual Senfe, any more than any of the other Words there, or whe- ther he intended it a lireral earthly Armour, which theCaufe would make the Armour of God, he left to their Lordfhipsto determine. However, 'twas no Defence for him, what he faid, that the Arms of Refinance to Princes was no part of the Spiritual Armour recommend by St. Paul, becaufe he had plain- ly departed from St. Paul's Spiritual Meaning. And that fuch was his Meaning, to paint there the Nations prefent Circumftances in Scripture Language, plainly appear'd from what follow'd, that the Church was bleeding of the Woundt which fhe had received in the Houfe of her Friends, borrow'd from Zech. 1$. ver. 6. That the Ways o/Sion might mourn fcr a Time, and her Gates be defolate, tho' her Priejls Jighld, and Jbe in Bitternefs, becaufe her Adverfaries were Chief, and her Enemies AT PRESENT profper'd. HeTaid he had obferv'd, from whatCircumftance of the Jew* that Image was borrow'd, and their Lord (hips would not take notice, what Changes in the Expreflions he had made, to render them more Empbatical, That there could be no greater perverting of Scripture, than to make ufe of the Language of the Holy Ghoft, to revile our Neighbours, to fcandalize the Government, and to raife Wrath, Sedii ion and Rebellion i n the People. There - (»45) Therefore the laft he fhould mention, was that in the De- dication of the St. Paul's Sermon, where propofing it as a& Objection, that it was the Bufinefs of a Clergyman to preach Peace, and not to found a Trumpet in Sion ; he affirm'd that to be exprefly contrary to the Command of God ; and to prove that Command, cited thofe Words, Cry alond,dnd fpare not, out of Jfa. 58. 1. Which he apprehended to be not only perverting, but that to Men of Underltanding it would feem ridiculing Scriptute. That to infer, becaufe they were to fpeak loud, they were to found a Trumpet, feem'd ridiculous. Or if he had cited the reft of the Words, Cry aloud and fpare not, lift up thy Voice like a Trumpet, and fhow my People their Tranfgreffwn, and the Houfe of Jacob their fins ; he had indeed found the Word Trumpet, but little to his Purpofe 5 for it did not follow becaufe the Prophet was to imitate a 7V«m- pet, in the loudnefs, that the People might hear, that he was therefore to imitate it too as it is an Jnflrument of War, that they might prepare themfelves for Battel, Becaufe he was loudly to till 'em their own Sins, that they might repent, he Was not therefore to Trumpet to 'em the Faults of the Go- vernment, that they might take up Arms, and redrefs 'em by Rebellion ? If the Doctor found any other Place in^the Old Teftament to command the Priefts to found a Trumpet, he mould re- fer him to the 10th of Exodus, where he would find the Priefts were literally to found the Silver Trumpets in the Army, in the Field, but he would not find they ever founded them from the Pulpit. He faid, he fhould offer nothing farther to their LordfhipS on that Head, tho' there was room for it. But there were two things in the Anfwer to thai Article which he could not omit taking Notice of, The firft was in his Anfwer to the firft part of that Article, which charg'd him with Suggefting, that Her Majejiy's Admi- nijtration, in Church and State, tended to the Deftruttion of the ConjHtution ; where he took great Comfort that in the faid Article he was charg'd not with Suggesting and Maintaining, but Sugg*fting only, and hop'd that bare Suggeftions, or In- sinuations, mould not in involve an Englijb Subject in the Guilt and Tunifhrnent of High Crimes and Mifderneanours,; "Mr. Serjeant faid, he did not envy him his Comfort, nor fhould he labour to take it from him, tho' it feem'd ftrangely foun* ded ; for tho' it was exprefly faid, that he charged Her Maje- fty with a general Male-Mwiniftration, tho5 the Accufation were pofitive, that as a publick Incendiary he perfuaded the Subjefts to keep up Parties, fomented Vivifions amongft them, andjiir'd them tip to Arms and Violence, and perverted divers Texts ef Scrip- K tun s ( *4*) ture% notwlthftanding all theft pofitive Charges, yet the frH ExpreJJion happening to be only, SuggeU, and not, Maintain, it feem'd he was very happy in it. But that was an extraordinary Step, that let a Man caft ne- ver fo many Scandals and Reproaches on the Government, tho' in never fo publick a Manner, yet if it were done by way of Sug- geftion and lnfmuation, and the Charges not exprefly maintain' I and avowed, there was no Crime in it, or, not any high one. Which was in fliort,that Sedition, and expofmg the Government, was lawful; only the Manner was to be taken care of: It was not to be done diretlly and avowedly, for that would be danger- ous ; but it might be done by Suggeftions that every Body would underftand, and which would have their full Effetl, and all was fafe : For that thofe who came to judge were not to underftand it, though every Body elfe did. That there were two extraordinary Claims of %ight before their Lordfhips, and of great Confequence, if they allow 'em ; one, that the Clergy might found a Trumpet in Sion, in a Military Senfe, and were not to be reftrain'd to the Preaching of Peace ; the other, that every Englijhman was at Liberty to afperfe the Government at Pleafure, by whatever Suggeftions and lnfmuations he pleas'd •, and thofe made by a Warm Advo- cate for Pafftve Obedience, the moft peaceful and fubmijfive Do- ctrine in the World. That in the Cafe de libellis Famofis, in the fifth Report, there had been a Profecution for a Libel, not indeed fet forth at large in the printed Book, (which had not been fit) but fo far particularly taken notice of, that it traduc'd and fcandaliz'd one Perfon dead, and him an Jrchbijhop, by Defcriptions and Cir* cumlocutions, and not inExprefs Terms-, and no Body had ever doub- ted it's been Criminal Yet tho' there fhould have been grea- ter Striclnefs obferv'd in refpecl of private Verfons\ when the Queen and Government were concern'd, when All lay at Stake, a Man ought to guard himfelf, and his Expreflions, not to touch in the leaft there ; and every Man that was truly Loyal, and defir'd the Vcace of his Country, would do it : And knavilb Defigners againft the Publick Peace were not to be fuffer'd to go on in overthrowing it, becaufe they had contriv'd crafty Ways of doing it. This, he faid, he mention'd only to oppofe the prefent Claim, tho* in that Cafe the Reflections were plain and full. The other was the Doctor's Lamentation at the Clofe, which the Servant could not but take Notice of as an in folent Refle- ction on the Honour and fuftice of the Heufe of Commons : The Words of it thus, " Hard is the Lot of the Minifters of the ™ Gofpel, if when they cite the Word of God in their general " Exhortations to Piety and Virtue, or in the Reproofs of Mens 6C TranfgreiTions, or when they are lamenting the Difficulties " and d47) " and Conflicts, with which the Church of Chrift, while Mi- " litant here'on Earth, muft always ftruggle, the feveral «c Texts and Paffages by them cited, fhall be faid to have been ct by them meant of particular Perfons and Things, and fliall be cc confider'd in the moft criminal Senfe, and be made by fuch *« Conftruction one Ground of an Impeachment for High " Crimes and Mifdemeanors. This "Mr. Sergeant faid had been put into the Anfwer, not by way of Defence, but to print it before it came to be confider'd, and lay hold of that as an Handle, as had been done, to fay Doctor Sacheverell had been profecu ted only for doing bis Duty as a Clergyman, which was a fcandalous Reflection. He ask'd, whether the Story of Elijha, as told by the Doctor was an honeft Citation of a Paflage of Scripture ? Whether Enemies that were chief, and the Adverfaries who at that prefent profperd, were no particular Perfons, then in being-, tho' to the Scripture Exprefiion he had added the Words, At Prefent, for fear the Application fhould not be clofe enough ? Whether that Sermon was an Exhortation to Piety and Virtue^ or were not manifeftlya Trumpet to Rebellion? Whether it was a fhewing the Audience their own Faults, that they, might cure 'em, and amend their lives-, or were not plainly the ex= pofing the Faults of others, the Faults of their Governors, that they might hate the Perfons ? Whether even the Doctrine of Paffive Obedience, was there fo warmly contended for, that people muft be Dutiful and Submiffive, or that they might be enraged againft thofe that deny'd it ? And in fhort, whether one Chriflian Venue were taught in it? Except their Lordfhips would honour with that Name the fticking, not to the Church and Chriftianity, but, according to the Doctor's own Exprefiion in another Place, to a Party -y and Courage, not only a Pajftve, which he no where recommended, but an Atlive againft the Government, to which the whole Difcourfe incited ? To conclude he faid, The Commons had the greateft and jufteft Vtneration for the Clergy of the Church of England, who were Glorious through the' whole Chriflian World for their Preaching and Writing, for their Steadinefs to the ProteftanC -Religion, when it had been in the utmoft Danger. They look'd upon that Order as a Body of Men, that were the great Jnftrumems thro' whofe Afiiftance the Divine Providence con- vey'd inejiimable Advantages to them i They look'd upon the Church Zjhblifod as the beft and fureft Bulwark againft Po- pery, and that therefore all Xefpecl and Encouragement was due to the Clergy, and it was with Regret and Trouble that they found themfelves obliged to bring before their Lordfhips in fuch manner one of that Order. K 2 Eve 048) But when they confider'd Doctor Sacheverell, firippwg him- felf of all the becoming Qualities proper for his Order, nay of all that peaceable and Charitable Temper which the Chriftian Religion requir'd of all its Profejfors, deferring the Example of our Lord and Mafter, and of His holy ApofWes, and with Ran- cour and Vncbarhablenefs branding all that differ'd from him, tho' thro' Ignorance, with the Opprobrious Titles, of Hypo- crites, Rebels, Traitors, Devils, reviling them, expofwg them, tondutting 'em to Hell,, and leaving 'em there ; treating every Man that fell in his way worfe than Michael the Arch- An- gel us'd the Devil 'y coming himfelf nearer the Character in St. fade, part of which he wou'd have apply'd to others, defpifing Dominion, /peaking evil of Dignities, like raging Waves of the Sea, foaming out his own Shame 5 forgetting, when his Text and his Dotlrine led to it, to recommend the Peace of his Country in a Time when all F.urope was in War, and nothing co^ld preferve the Nation from falling into the Hands of the grand Enemy avd Opprejfor, but the People's Unanimity under HerMajefty; then labouring to ftp the Eitablifhment, and rail- ing and declaiming againft the Government, crying, to Arms, and blowing a Trumpet in Sion, to engage his Country in Sedi- tions and Tumults, to overthrow the beft Conflitution, and to betray the beft Queen that had ever made a People happy, and that with Scripture in his Mouth. That the Commons look'd upon him by that Behaviour, to have fever'd himfelf from all the reft of the Clergy, and thought it their Duty to bring to Juftice fuch a Criminal ; and were in no fear of being thought Difcouragers of thofe who preac'd Virtue and Piety, becaufe they, in the Supreme Court of Juftice, profecuted him that preach'd Sedition and Rebellion ; or to have any Defign to leffen the Refpetl and Honour that was due to the Clergy, by bringing him to Punilhment that Difgrac'd the Order, After Sergeant Parker Mr. Secretary Boyle told the Lords, He was commanded by the Houfe of Commons to have a Share in Maintaining the Articles of Impeachment againft Dr. Sacheverell ; and it fell to his Lot to fpeak to that Fourth Ar- ticle, which contain'd no lefs a Charge than Endeavouring to Excite and Stir up Her Majefty's Subjects to Arms and Violence. That, the Ground of that Accufation, was the Dedication of a Sermon Preach'd at Derby at the laft AfTizes ; and another Sermon Preach'd at St. JWson the filth of November, a Day fet apart to commemorate the Prefervation of the King and Parliament from the GunpowerTreafon, and to give Thanks to Almighty God for the Deliverance wrought by his late Majefty, in refcuing thefe Kingdoms from Popery and Arbi- trary Power. That ( H9 ) , That the whole Nation then enjoying the Benefit of that happy Revolution, and all her Majeftys good Subjects being thankful for it. One would have thought, that on fuch a Day, that Matter fhould not have been Co handled as only to be expos'd ; and he was perfwaded, that whoever went about to afperfe and vilify the late Revolution, would rejoice to fee another. That he fhould not trefpafs upon their Lordihips Patience fo far, as to repeat the many PalTages in the Sermon that made good their Accufation, they having been fo fully laid be- fore tlieir Lordfhips already by a Gentleman that Spoke be- fore : And indeed there was the lefs Reafon to defcend into Particulars, fince the whole Scope and Deiign of the Sermon had been to inftil ground lefs Jealoufies into the Minds of Peo- ple, and to caft the moft virulent Reflections imaginable up- on her Ma jetty's Adminiftration. For it might be fuppos'd from the Doctor's Difcourfe, that the Church of England had been then fuffering under the moft fevere Perfecution *, That the Laws were no longer in Force ; and that the whole Government was unhinged : than which Afperfions more violent could not have been us'd, had they Hv'd in the Reign of the worft of Heathen Emperours, where- as they were Partakers of Co many Bleflings under the Go- vernment of the beft of Queens. That the Prifoner at the Bar lay'd fome Strefs upon the Word Suggefl, as exprefs'd in the fourth Article, which had already receiv'd an Anfwer,.and would have infinuated that there were no plain Words in the Sermon to fupport the Charge ; but if that Objection had been true, which they were far from admitting, and the Confequences drawn from it allow'd, he might then fay, Hard would be the Cafe of the Government, if Men might make the moft odi- ous Suggeftions againft it, and caft Reflections with Im- punity, under the Shelter of fome doub:ful Expreffions, and equivocal Sentences, at the fame time that the Senfe and Ma- lice of the Reflections was plain to be underftood, and could hardly be miftaken. That the Doctor did indeed affect in his Anfwer, and in one Part of his Sermon, to profefs great Duty to her Majefty ; but if thofe Exprelfions were compar'd with the Calumnies that were heap'd upon her Adminiftration, he conceivM they | would not mitigate his Crimr, and would avail him vmore i than the Pretence he made to be for Liberty of Confcirr.e, when he condemn'd the Toleration ; which Excuiba Mr ijjla believ'd would equally weigh with their Lordfhips, and bis i Sincerity in both would equally appear. He faid, It was no new Thing among thofe who deugnM to ! ftir up Sedition, to beltow great Encomiums on the Perfon of K 3 the 050 the Prince ; it had been a common Pra&ice, and the feme Method had been purfu'd in the late unhappy Times. The Incendiaries of thofe Days pretending that the Proteftant Re- ligion was in Danger under that Government, as the Enemies of the prefent Conftitution cry'd the Church was in Danger under this. But that everything was in Danger from fuch feditiousDif- courfes : For what a Scene of Diftra&ion and Wickednefs was there difplayM to the Underftandings of the People, to excite and inflame them to Sedition and Rebellion ? Who could fit ftill, if they were perfuaded that the Alurs and Sacraments of their Church -mere proftituted to Hypocrites, Deifis, Socinians andAtheifts, and that done with Impunity, and without Difcouragement ? What could be more provoking to all good Chriftians and good Sub- jects, than to be told that People werefufferd to combine into Bodies and Seminaries, wherein Atheifm, Deifm, Tritheifm, Socini- anifm, irith aU the Hellifh, Principles of Fanatirifm, Rigicide, and Anarchy, weue openly profefsd and taught. No Man could think he was long to enjoy his Religion, Li- berties or Property, if he cou'd be made to believe that the foundations of the Church were undermined, and the Government endanger d, by filing it with its profefsd Enemies : and What could be the Meaning of all that but only to make out, that Her Majefty's Adminiflration, both in EcclefiafKcal and Civil Affairs, tended to the Deftru£lion of the Conftitution ? And what could be the Confequence of fuch an Opinion inftill'd in- to the Minds of the People, butdifmal melancholy Thoughts, feditious Practices, and atlaft open Force and Violence? The Priefts were to cry aloud and fpare not, they were to blow the Trumpet in Sion ; and it was declar'd there were thofe that had Lives and Fortunes to mantain fuch Truths as Dofror SachevereS had laid down : What thofe Truths were might be feen through the whole Courfe of the Sermon ; they were fuch, as was apprehended did not at all tend to the Strengthning the prefent Government, tho' they might be ferviceable to- wards Setting up another. This he faid was not the Spirit of the Gofpel, nor agreeable to the Principles of the Church of England; and they fubmit- ted it to their Lord mips Judgment, whether that Sermon were not Seditious, and whether the Prifoner at the Bar was not guilty of high Crimes and Mifdemeanors. Mr. Chancellor of the Exchequer fpoke next to this Effect. That he was commanded by the Commons of Great Britain to bear his Part in the Management of the Impeachment a- gainft Doctor Henry Sacheverell, and particularly on that Arti- cle. And believ'd after what their Lordihips had already heard they would think there was little Need for him to fay any thing Of* > thing on that Head, yet he fhould take the Liberty to men- tion a few Particulars. And fiift he could not but take Notice, that in a Sermon Preach'd on a Day appointed to Commemorate the Bleflings theyenjoy'd by the late happy Revolution, there was not one particular Claufe to fhow forth thcfe Bleifings, or the Mifchiefs that were then likely to have come upon the Nation ; there was a little indeed upon the Gunpowder Treafon, but upon the Re- volution there was nothing, nor did the Doclor take Notice of the Dangers they were in before it, in order toraife the De- votion of the People, and their Thanks to God for their Deliverance ; but all the Tenor of his Difcourfe had been to (how the Male-Adminiftration of the Government, and the Dangers coming upon the Church, ever fince the Revolution ; fo that it was plain he had no Thoughts of the Blefiiings of that Deliverance, nor any Diflike to the Conduct of thofe, Times. That, the Sermon had been preach'd in a Place well chofen to attempt Mifchief in ; the Doclor well knowing that if he could raife an evil Spirit in that great City, it would do more Mifchief than in another Place where he had often attempted it ; but God be prais'd he had been difappointed, and own'd himfelf at another Time that he did not expeft the Thanks of the Court of Aldermen for it. Mr. Chancellor faid, he would take notice of his Dedication where the Do&or carry 'd on the fame Defign, and own'd it on fecond thoughts ; for he was not only warm in Preaching the Sermon, but fhow'd in his Dedication with what Spirit he had compos'd it ; faying, That if bonefl Gentlemen would fitftW, and give up their Caufe for want of Courage, or a juft Senfe of the dangerous Attempts of their Enemies , without the Spirit of Pro- phecy, they might foretell what would become of their Conftitution, when it wasfo vigoroufiy attacked from without, and fo lafily de- fended from with'nu That he would not explain the Meaning of the Words, J/t- tingftiUi and Want of Ceurage; yet could not but take Notice of thofe other Words, the vigorous Atuclfrom without, and the lafe Defence from within. And therefore would deiire to know whom the Doctor took to be the Defender of the Faith, and who under that Defender was to protect the Church ; which muft neceffarily be meant as a Reflection on Her Majefty, and upon thofe that under Her Authority were to take Care of the Church. That the nextPaffage was a plain Confefiion of his Seditious Intentions; where he told them his Bufmefs was not to Preach Peace, but to found the Trumpet, and if a Minifter would declare it not to be his Duty to Preach Peace, their Lordfhips would eafily judge what his Intentions were. K 4 That That he knew it was the Bufinefs of thofe who were Pro- felites to that Gentleman, to give out that there was a defign to Narrow the Obedience due to Her Majefty •, but, they were far from it, and own'd the greater!: Duty and Submiflion to their Soveraign, but could not bear that aRe^eftion mould be call upon the Refiftance which had been us'd at the Re- volution, and hop'd their Lordfhips would never admit a Que- stion to be rais'd of the Legality of it. The A£ts of Settlement of the Crown depending upon that Legality,, if that were Illegal the others in Confequencemuft be void ; and tho' Her Majefty had an Hereditary Right to the Crown, yet he took thofe Aclstobe Her great Security, and could make no Queftion but that if the Foundations of thofe A els were ftuken, the Do&or would foon find another Hereditary Right to refort to. That the Toleration was certainly grounded upon the beft Principles, thofe of Religion and Policy, and he thought every Body would allow, that Nothing could Eftablifh Peace in a Kingdom To well as the granting Eafe and Quiet to Mens Confciences ; provided they pay'd due Submiflion to the Go- vernment, they ought not to be Perfecuted for their Religion ; which was for Her Majefty's Intereft and Honour ; for how could Her Majefty be the Head of the Prateftant Intereft abroad, if Proteftants were not Protected at home ? And it had been the Obfervation of the Lord Clarendon, in his Hiftory, that fome Eminent Clergymen having preft King Charles the Firft to make Diftinttions among Proteftants, by their Advice his Ambaffador in France had been order'd not to go to the Hugonot Churches there, as he had us'd to do ; which that Lord laid as an Imputation on thofe that gave the Advice, and made this Remark, That it had been done with a Defign of an Union with the Church of Home, which prov'd of very ill Confequence to his Affairs at that time. He faid, they thought it contrary to the Duty of any Pri- vate Man to find Fault with a Law in Being, or to declaim againft the Reafonablenfs of the fame, which was railing in the People an ill Opinion of the Law-givers and the Admi- niftration. And there were fome People, hewifh'd their Numbers did not increafe, who would not allow the Church to be out of Dan- ger, whilft the Civil Magiftrate had the Government of the Church ;and thofe appear'd publickly and in Print, cancel- ling the Queen's Supremacy, denying the Authority of the Laws, and erecting a Church Independent on the Civil Go- vernment ; of which Church he took the Doclor to be, and very properly for his Purpofe, for there he might thunder out his Bulls and Anathema's without Controul, there was a Field for (iSl) for him to open his Commiffion in, where he might found his Trumpet, and not preach Teace. But the Commons could never admit the Church, as Efta- blifh'd by Law,to be in any Danger during Her Majeft'ysAdmi- niftration ; it being guarded by Her Majefty's Piety and Care of it; by the Reverend Bifhops, who were fo diligent and watchful in their Functions, and which would always have the utmoft AfTiftance of the Commons and their Lordfhips, to fupportand maintain it: As for their Independent Church, he hop'd it would ever be in Danger, and ;:ouid not but think that wholefome Severities were very proper to be apply'd to the Broachers of fuch Seditious Doclrines, the<-< being Popifh Principles, and if they Ihould obtain here would certainly bring in Popery along with them. That, He could not conclude without taking Notice of a very unjuft Reflection made upon the Commons in the DoOoi's Anfwer, wherein hecharg'd them with Deiigning to reftrain the Miniftersof the Gofpel from doing their Duty, in recommen- ding Piety and Virtue to their Auditors. Thofe being Do- ctrines fo proper to come fro,m the Pulpit, fuch as recommen- ded them would always meet with the Countenance and Encou- ragement of the Hou'fe of Commons; but when a Clergyman acled contrary to his Function, and inftead of reproving Vice and Immorality, took upon him to reproach the Government; when inftead of Preaching Peace, and Charity, and other Mo- ral Virtues, he took upon hira to raife Jealoufies, foment Di- vifions, and ftir up Sedition, it was high time for the Juftice of the Nation to put a Stop to it : And as fuch a Perfon they charg'd Do&or Sacheverell, and thought they had made good their Charge, and could not doubt their Lordfhips Juftice^up- on the Offender. Then the Lords Adjoum'd to their own Houfe. Thurfdaj9 March 2. The Fourth Day. ^T'HE Lords being come into Weftminftcr-HaU, and feated X as before, The Sergeant at Arms made Proclamation for Silence, and for Doclor SacbevereU to appear. The Doctor appearing accordingly, with his Council, the Lord Chancellor directed the Managers to proceed in their E- vidence. Then Mr. Lechmere proceeded ftilj upon, the Fourth Arti- cle, faying, Their Lordfhips had adjounvd the day before when the Com- mons were proceeding on their Fourth Article, a Share of which Service was appointed to him, and the Proofs they In- lifted C*S4) fitted on, in Maintenance of that Part of their Charge, having been laid before their Lordfhips with great Exa&nefs, and all the Enforcements, they could well receive, having been already offer'd to them, by thofe Gentlemen, that had gone be- fore him ; he found himfelf acquitted from giving their Lord- fhips much Trouble upon it. That, the Charges, contained in the precedent Articles, were particular and diftin£t ; Of fo high a Nature in themfelves, and of Tuch Eminent Confequence to Her Majefty and Her Government, that they had held themfelves oblig'd, to treat each of them, with all imaginable Clearnefs and Solemnity; and that, from the true Zeal and neceffary Concern, with which the Commons, upon fuch a great Occafion, were fo juft- ly infpir'd, for the Honour of her Majefty, and the Profperity of Her Kingdoms. And, the fubjeft of that Article being laid down in General Pofitions, fomeof which were the Refult and Confequence of the former Articles; it would therefore be neceffary to re- mind their Lordfhips of the Paffages produe'd in fupport of them ; as for the Application of them, to the feveral Branches of this Charge, it was eafie and obvious : The further Paf- fages, pointed out to them the Day before, were many in num- ber, and the Affertions pofitive, fcarce liable to any Conftrufti- ons, more innocent in themfelves, or more favourable for the Prifoner, than what had been put upon them : But tho* the more flagrant parts of the Prifoner's Difcourfes had been diftinguifh'd to them, their Lordfhips could not fail of dif- cerning that implacable Enmity, which ran through the whole ; Their Lordfhips would find little in it of the Spirit of the Gof- pel, of the Temper of a Chriftian, or a good Subjecl, much lefs of a Meffenger of Peace ; for when the Heart was poi- fon'd, the Corruption would be diffus'd throughout; when Principles were deliver'd from the Pulpit^ that "{truck at the Root of* rhe Government in being, and the future Eftablifh- rnent, and were Taught as Fundamental Rules both of Law and Conference ; only fuch Proofs, fuch Exhortations were to be expected from fuch a Preacher, as they had heard from that man, fuch only, as might create univerfal DiffatisfacYion, would difquiet the Minds, and tend to pervert the Obedience of the Subjects ; fuch only as should be molt likely to cherifli and cul- tivate thofe Seeds of Sedition, which, when fufficiently Pro- pagated, and brought up to their full Growth, could terminate in nothing lefs than a total Deftruftion. He faid, he was then to acquaint their Lordfhips, That the Commons had gone through their Charge, wherein they had been heard by them, with great Candour and Patience; And that imperfect View, the beft he was able to give them, in opening the Charge, had been amply fupply'd by the greit Suf- ficiency (i55) ficiency of what had follow'd; And from thence, he thought he had good grounds to tell their Lordfhips, that the Impeach- ment, or the Commons, in every part of it, had been fubftan- tially and effeftually maintain'd. Therefore, craving leave of the Doftor to borrow a Phrafe which flood at the head of the laft Paragraph of his Sermon, What was the Refult of that Proceeding fofar ? In opening the Charge, they had confider'd him, in the condition of a Perfon accus'd, but the Proof- having been produced, and the Evi- dence being unqueftionable, even from his own Mouth, and the falfe Colours of his Difcourfe being taken off, and his Scheme reduc'd to its true Confiftency, by the Endeavours of other Gentlemen, to whofe Tasks they had fallen, he ask'd leave to repreient him to their Lcrdfhfps in a true Light, and in his proper Colours. He laid, their Lordlhips then faw that Gentleman, under the Reign of the greateft and beft of Princes, that ever wore a Crown, whofe Title to the Throne flood upon a more folidand indifputable Foundation than that of any Prince upon Earth, guarded and defended by the beft Laws in the World, and the entire Affetlien of all Her true Subjefts,, and which none could draw in queftion with any other Defign than to weaken its Support : They faw him, under an Eftablifhment and Conftitution, excellently contriv'd and adapted to anfwer all the good Ends of Government, which had withftood the open Affaults of Arbitrary Princes, and the more crafty Attempts of Papal Encroachments; And which, fmce the true Religion had been EftabliuYd among them; had been preferv'd in defpight of the dangerous Endeavours of Papifts, by dividing Proteftants, to make way for its Deftru&ion ; A Conftitution, which had hap- pily recover'd its felf, at the Reftoration, from the Confufion and Diforders, it had been thrown into by the horrid and dete- ftable Proceedings of Faction and Usurpation, and which after many Convulfions and Struggles, had been providentially fav'd at the late happy Revolution; and, by the many good Laws paG'd fince that time, flood then upon a firmer Foundation ; Together with the moft comfortable profpeft of Security to all Pofterity, by the Settlement of the Crown in the Proteftant Line : Their Lordfhips had found this Perfon, at a time when the Church of England as by Law EftabliuYd was in perfect Prof- perity and Safety at Home, and in higher Reputation Abroad, than in any Age that had gone before it; At a time, when the Nation enjoy'd Peace and Tranquility, and all the good Effects of a prudent and fuccefsful Adminiftration, demor.ft rated by the Harmony and Unanimous Endeavours of all Her Majefty's true Subjects to fupport it. They They had found him in the moft folemn and publick Manner, levelling the moft virulent Difcourfe againft Her Majefty's Title to the Crown, and againft the prefent Eftablifhment, and calculated to favour the Pretenfion ot Another; Their Lordfhips found in it the fame Principles reviv'd and avow'd by him in the fame dangerous Extent, as in a late Reign, by the profeft Inftruments of Popery and Arbitrary Power, and apply'd in Condemnation of the Glorious Work of the late Happy Revolution ; Their Lordfhips had found him, Arraigning the Honour of Her Majefty and her Parliament, afperfing Her Adminiftration both in Church and State, ftirring up Sedition, and exhorting to Rebellion ; and that, in the Name of God Almighty, as one com miflion'd from Heaven to that End, and wrefting the Scrip- ture to thofe impious Purpufes, in the moft prophane and impi- ous "Manner. On which Grounds, the Commons had charg'd the Crimes to have been committed by him with an Intent to undermine Her Majefty's Government, and to ftir up Arms and Violence: And if their Lordfhips wanted further Evidence thereof, they would remind them of the Rebellion that had been rais'd, and the High-Treafon that had been committed, the Night before, by thofe Perfons who abetted the Prifoner ! He Paid, he could not aggravate the Offence, their Lordfhips would duly confider theHeigth and Quality of it, they would think of a Satisfaction fuitable to that, 'and to the juft Expecta- tion of the Commons. That, the Nature and Length of the Proceeding having oc- cafion'd many Interruptions, they were yet aflur'd, that no Mif- conftrucYion would be permitted by their Lordfhips, of what might have fali'n from any of them : They l'.kewife took Notice to their Lordfhips, that the Commons had very readily acqui- efc'd in their Appointment of Council to afiift the Prifoner: Which their Lordfhips had inform'd them in the beginning of the Caufe, had been done in great Benignity to him, in af- figning him thofe Council, which he himfelf had ask'd, and, doubtlefs fuch, as were according to his own Heart's Dcfire : And the Commons were atTur'd, that thofe Gentlemen would underftand the Regard, that was due to the Nature of that Caufe, and to the Dignity of a Proceeding, wherein the Com- mons of Great Britain appear'd as Profecutors. And the Commons conceiv'd,they had Reafon to take great Sa- tisfaction from the prefent Procccding,whc;reby they had the Op- portunity, to affert the Freedom and Excellency of the Govern- ment, and the Juftice of the prefent Eftablifhment,in the moft fo- lemn Manner, and before the moft Au^uft Judicature in the World ; which Angle Coniideration fhow'd their Lordfhips of what Malignity tHe Prifoner was capable, who had fet him- felf ( M7) felf to diforder and deftroy fo happy and fo beautiful a Confti- tution. They defir'dto put their Lordfhips in mind of thofe Felici- ties, which in their Opinions, accompany'd that Prolecution ; when chey faw (o many of their Lordfhips the Judges of that Great Caufe,who had fo great a Share in that Deliverance,which they were then call'd upon to vindicate ; fo many others of their Lordfhips, the Sons of thofe Fathers, who had joln'd in it ; and who had the fame Blood ftill running in their Veins : And when they confider'd that firm and iteady Zeal, which c- veryoneof their Lordfhips had fhown in Support of the pre- fent Settlement, what Doubt could they entertain of their moft impartial Ju ft ice? They further obferv'd it, as the great Security of their Im- peachment, That no Endeavours could prevail to prevent their Lordfhipi Judgment upon it, nor any Means fucceed to defeat its Effefts : And on t'other Hand, they had before their Eyes the many good Confequenees, that Part the Commons had taken on thera- lelves would certainly produce; that Strength and Vigour, 'twould idd o the great Affairs of the Kingdom, and of all Europe, a •■that Critical Juncture, when the World mould fee that the Commons of Great Britain^ who had been fo unanimous in Def ce and Support of the Common Caufe of Peace and liberty Abroad, were thus zealous to find out and extirpate that Malignant Humour, which alone could endanger it at Home : That, whilft the Common Qppreflbr felt the Effects cf her Majefty's Arms, the inteftine Enemies of the Nation, and of her Government, (in the Inftance of the Prifoner) might fee and confider the Force and Weight of the higheft Refent- ment of the Commons. Thofe good Effe&s (he added) would receive yet greater Enforcements from their Lordfhips Judgment; which, when it became Publick, would be an effectual Confutation of the peftilent Doclrines, advanc'd by the Prifoner. The Firmnefs of their Proceedings would give the fame Steadinefs and Vigour to all other Parts of the Adminiftrati- on. which would from thence forward ftrive to imitate their Lordfhips in fo great an Example: And 'twould ftrike due Terror on thofe Minds, where the fame deftru&ive Errors had taken Root. And it would bring great Comfort and Peace to all Her Majefty's faithful Subjects, to fee Her Majefty's undoubted Title, the Wifdom of her Adm'miftration, and the Proteftant SuccelTion, Co effectually fupported by their Lordfhips Judg- ment. ' He concluded, they had thought it neceffary, in difcharge of the great Trull repos'd in thsra by the Commons, to go through throrough the whole Charge together, that their Lordfhips might have it entire : and he was only to add, That they did referve to them felves the Liberty of replying to whatfhould be offer'd on behalf of the Prifoner, and of every other Legal Advantage, that fhould arife to them in theProgrefs of their Impeachment. The Lord Chancellor then askM the Commons, whether they had gone through their Charge, and Mr. Lechmere anfwering, they had; he faid, they that were appointed Council for Do- ctor Sacbeverell might proceed, to his Defence. hut. Sir Simon Har court told their Lordfhips, That three whole Days having been taken np by the Gentlemen of the Houfe of Commons in Maintenance of their Charge, and that Day being fo far fpent he was bound in Duty humbly to re- prefent to their Lordfhips, that it would be impoflible for them to go through the very firft Article fo as to finifh in any reafonable Time. But they humbly expected their Lordfhips Commands. Several of whom cry'd Go on, Go on. And Sir Simon Har court faid, they muft receive their Lord- ihips Commands \ but thought it of great Importance to go through the firft Article at once, if their Lordfhips pleas'd to give them Leave. Then the Lords Mjourn'd to their own Houfe, Friday y March, 5. The Fifth Day. THE Lords being feated in Weflminifler-Ball, as before, the ufual Proclamations made for fiience, and for Do* &or Sacbeverell to appear. And the Do&er appearing accordingly, with his Council, the Lord Chancellor order'd the Council for the Prifoner, to proceed to his Defence. Then Sir Simon Hmourt apply'd himfelf to the Lords in Be* half of his Client, and faid, He was Council for Doctor Sacbeverell, who flood Impeach'd in the Name of all the Commons of Great Britain of High Crimes and Mifdemeanors \ the Crimes fuppos'd to have been committed by him being contain'd in four Articles ; the three laft of which he begg'd leave to poft-pone without mention- ing any thing of them, till they had ail concluded what they had to offer and lay before their Lordfhips, as to the feveral Charges contain'd in the firft, and endeavour'd to fatisfie their Lordfhips, That notwithftanding what had been Objected by the Gentlemen of the Houfe of Commons againft the Docfor, in Maintenance of that Article, he was an innocent Man. Thar, the ( M9) the firft Article contain'd three diftinct Charges, on which they would proceed as they lay in order, The firft of them being c< ThatheSuggefted and Maintain 'd, that the Neceffa- *' ry Means us'd to bring about the late Happy Revolution u were Odious and Unjuftirlable. And their Lordftups had been inform'd, that by this Expreflion of, the Neceffary Means, mention'd in the firft Article, the Gentlemen of, the Houfeof Commons intended his late Majefty's glorious Enterprize for delivering this Kingdom from Popery and Arbitrary Power, and the Subjects of this Realm well affected to their Country, joyning with and a/lifting him in that Enterprize ; and in a fhorter Defcription it had been explain'd, that thofe Neceffary Means were, the Subjects Refiftance to their Unfortunate Prince then upon the Throne. Of which Refiftance the Do- ctor had made no mention in his Sermon ; he had indeed af- rlrm'd the utter Illegality of Refiftance on any Pretence what- foever to the Supreme Power, but it could not be pretended, that any fuch Refiftance had been us'd at the Revolution ; the Supreme Power in this Kingdom being the Legiflative Power, and the Rev< lutioo having taken effect by the Lords and Com- mons concurring and affifting in it. Whatever therefore the Doctor had afferted of the utter Illegality of Refiftance, his Affertion being applied to the Supreme Power, could not re- late to any Refiftance us'd at the Revolution, and confequent- ly could not be an Affirmance, that fuch Refiftance, or fuch Neceffary Means, were Odious and Unjuftirlable. That one of the Learned Gentlemen, who fpoke the third Day of the Trial, in Maintenance of the laft Article, had concurr'd with him in that, and objected it to the Doctor, That he had guard- ed himfelf by confining his Affertion to the Supreme Power, without averring the utter Illegality of Refiftance to the Queen ; but had he in exprefs Terms affirm'd the Unlawfulnefs of fuch Refiftance ; yet by the fame Arguments which had been us'd, the Doctor would have been told, he had been Preaching a flavifh Doctrine. That another Gentleman of the Houfe cf Commons, (and he thought there were but two of them who hid taken notice of that Exprefiion of the Doctor's of the Supreme Power) obferv'd, that the Doctor had afferted the Illegality of Refiftance to the Supreme Power on any Pretence whacfoever, which Power he admitted was the Legiflative, and declar'd, if the Doctor had really meant that Power, he mould not have dirferd from him ; and without doubt, their Lord- fhips and all Perfons would concurr with him, that it v. as ut- terly unlawful to refill the Supreme Power. However that Gentleman being fatisfied, tho' the Doctor had expreiiy men- tion'd the Supreme Power, which was the Legiflative, that he certainly intended the Supreme Executive Power, had conclu- ded him to be guilty of theCharge in the firft Article \ which he ( i Party, but as one of the Heads of It, a Fine of ten thoi • fand Pound> had been [cz on him. Their Lordfhips had Rf- vers'd that Judgment, and as a GiorioiMnftanceof their ];i{!ice> bot contenting themfeives with the Right they had done in r e I. Ca.e Cafe then before them, at the fame time provided, as far as poflible, that no innocent Perfon, in After Ages, might iuffer Wrong. Their Lordfhips therefore, in an extraordinary Manner, order'dthe Reafoos of their Judgment tobeenter'd in their Journal, in the following Words: li Firft, the Infor- U£, (166) put, then it became evident that the Notion of the Illegality of Reiiftance was a flavifh Doftrine. And the Learned Gen- tleman who had mention'd it undoubtedly pitch'd on a very proper Time to begin his Searce after Truth ; and from thence Sr. simom would endeavour to trace it. One very early Authority in the Dawn of the Reformation, he found in a Book intitled, AN'eceJfary Dottrine and Erudition, for any Ckriftian Man, publifh'd by the King's Command, 34. H. 8. Being a Treatife compos'd by the Direction of Cranmer, by ^jdley, J^dmayn, and other very great and learned Men. Be found it highly commended in the Hiftory of the Refor- mation (Part 1. Book 3. Pag. 286. ) The Reverend Author of that Hiftory giving an Account how well the Reformers were employ M( Anno 1540) tho' not in the Way of Convocation; That a feleft Number of them then fate, by Virtue of a. Commiflion from the King, confirm'd in Parliament; and their firft Work had been to draw up a Declaration of the Chrifti- an Do&rine for the neceffary Erudition of a Chriftian Man, and (Pag. 298, ) that 'twas fet forth, with a Preface, written by the Clergy employ'd in it, declaring with what Care they had examin'd the Scriptures, and the ancient Doclors, from whom they had gather'd that Expofition of the Chriftian Faith. In that Treatife Sir Simon faid he found the following Paffages : On the Expofition of the Fifth Commandment; J " And by *"'■ this Commandment alfo Subjects be bound not to withdraw c« their Fealty, Truth, Love, and Obedience towards their neither of them mentioned the Matter contain'd in the Articles as infufficient, but the Reafons aflign'd in the Afts of Reverfal were, that, " In the Proceedings againft the Spencers, the great " Charter had not been obferv'd, for the Prelates had not been " prefent, nor aflented thereto ; befides fome other Defects in " Form. That what Opinion our greateft Lawyers fince had of that Aft of Exile, fufficiently appear'd, Co. 7, 11. Calvin's Cafe, the words thefe, " In the Reign of Edw. 2. the Spencers, " the Father and the Son, to cover the Treafon hatched in their " Hearts, invented this damnable and damn'd Opinion, That ct Homage and Oath of Leigeance was morebyreafon of the c< King's Crown (that is of his Politick Capacity) than by rea- " fon of the Perlon of the King; upon which Opinion^ fays " the Lord chief Juftice Cooky they inferr'd moft execrable and * deteftable Confequences. Firft,"lf the King do not demean cc himfelf by Reafon in the Right of his Ciown, his Leiges *' are bound by Oath to remove the King. Secondly, Seeing *' that the King could rot be reform'd by Suit of Law, that fc ought to be done by Force: Ail wbich were condemn'd by u two Parliaments, one in the Reign of Edw. 2. calPd, Exilium fi Bugonis Le Spencer, and the oth . 1 1 Edw. 3 Cap. 1. He faid he barely mention'd thofe Afts to I "now, that however applicable the Cafe of the revolution m ghtt\e to that of King Edw. 2. vet thofe very Perfons, by whom the King was depos'd, thought ttfo high a Crime in the two Spencers, to take on them to pub- lifti fuch Pofitions, as to deferve Baniihment. The next Law he beg'd leave to mention, was, the 2$ Edw. 3. Cap. 2. which in general Terms deciarM the levying War againft: the J^ing in his Realm to be High Treafon, without any Exception whatsoever; Which was an Inftance of what he contended for, that the Law, in all Cafes concerning our Allegiance, laid down the general Rule, without making any Exception. So in the Oath of Obe- dience (asenjoyn'd 3 fa. 1. 4.) all Perfons were to Swear to defend the I{ing to the utmoji of their Power, againft all Confpira- cies and Attempts whatsoever, which fiould or might be made againft his Per fon, Crown or Dignity, He urg'd the Oath was in Ge- neral, without any Exception exprefs'd in it ; and no Man would prefume to fay, that Oath, which had been taken from the 5 fa. 1. 'till after the Revolution, was not true. But the Anfwer to be given was, the fame he gave in this Cafe, that Cafes of Neceflity, fuch as the Revolution, were imply'd, they were improper to be exprefs'd, and why might not the like Im- plication equally be allow'd in the General Afiertion made by Doftor Sackeverell ? Ey the Aft made 1 1. Car. 2. e. 30. for Attainder of the Regicides, it was declar'd, that by the Vn~ doubted and Fundamental Laws of this IQngdom, neither the Peers of this Realm, nor the Commons, nor both together, in Parliament, or out of Parliament, nor the People coUeclively> or reprefentatively, nor ( i72 ) mr any other Ferfons whatfoever, ever had> kith, or ought to have, any coercive Power over the JQngs of this Ugalm. That Aft, Sir Simon declar'd he could not apprehend to be repeal'd ; and if it were not, he befought their Lordfhips that Dr. Sacheverell might be try'd by it; and that they would be pleas'd to confider whether the Doftor's Affertion concerning Refiftance had outgone the Declaration in that Law. For their Lordlhips hear'd how fully the Fundamental Law of the Kingdom wasdeclar'd by that Aft ; and the Doftor had only faid, *Tis Illegal to refifl the Supreme Power on any Pretencg jvhatfoever. It might poflibly be obferv'd that the Expreflion at the End of that Declaration, extended only to a Coercive Power over the Perfon of the King ; and what Inference might be drawn from thence, he knew not, but certainly there was nothing in the Doctor's Sermon but what might be abundantly juftify'd by the Declaration in that Aft. That, The Militia A&> the 13th and 14th Car. 2. cap. 3. for ordering the Forces in the feveral Counties of the Kingdom* contain'd a Declaration as ftrong as the former ; for by that Aft 'twas declar'd, That neither both or either of the Houfes of Parliament couldt or lawfully mighty raife or levy any War, offen» ftvey or defenfive, again} his Majeftyt his Heirs> or lawful Succef- fors. That when he perus'd this laft Declaration in the recital of the Aft, he had read carefully to the End of it, to look for the- Exception, but could find none ; and if there were no Exception in that Aft, but that it flood as a general Declaration of the Law ; if neither, nor both the Hon Pes of Parliament could or might raife or levy War, offenfive or defenfive, againft the King, could it be a high Crime and Mifdemeanor to afferc in general Terms that Refiftance to our Prince was unlawful ? He therefore pray'd their Lordfhips would compare the Doftor's Affertion in his Sermon with the Declaration in that laft Aft of Parliament. He further initane'd, That by the Corporation Aft, 13 Car. 2. Seff. 2. Cap. 1. all Mayors, Aldermen, Common-Council- men, and other corporate Officers there enumerated, werere- quir'd to take an Oath, That it is not lawful upon any Pretence rchatfoever to take Arms againft the 2\jng. By the Militia Aft, already mention'd, the fame Oath, That it is not lawful on any Pretence whatfoever to take Arms againft the Kjngy was re- quir'd to be taken by every Peer of the Realm, before he could be capable of afting as a Lieutenant, or Deputy Lieutenant ; and by every Commoner of England, before he could be capable of aftingas a Lieutenant, Deputy-Lieutenant, Officer or Sol- dier in the MUitia, and by the A ft' of Uniformity, 13 #14 Car. x. Cap. 4. all Ecclefiaftical Perfons, and many others under the feveral Denominations in that Aft, were requir'd to fubferibe to the Truth of that Affertion, That it is not lawful on any Prettnce ( 17? 3 Pretence rthdifoever to tale Arms againft the Qvg* That fuck was the Language of the Laws, and the like the Apoftles had us'd in their Precepts touching Obedience and Non:Refiftanxe to the Supream Power. However he was to obferve, that an Objection had been made to thofe feveral Afts, that by an Aft made in the Second Year of the late King and Queen, 'twas Enacted, *■ That from thence- ** forth the Oath enjoin'd to be taken or fubfcrib'd, by the u feveral Afts above mention'd, mould not be required to be " taken by any Perfon whatfoever ; and that the former Afts of 4< Parliament, as to that Oath, were thereby repealed. That, Sr. Simon thought a very tender Repeal, if it were one; but admitting it to be one, it feem'd to have been argu'd from thence by a Learned Gentleman, with whom in many things he no way differ'd, that the Doftrine of Non-Refiftance was be- come the more Unlawful, becaufe that Oath was not to be ta- fcen thenceforward. But as the Corporation Aft requir'd the Swearing 'twas not Lawful to take up Arms againft theKing, fo did it direft the Sub- fcribing to the Unlawfulnefs of the Solemn League and Cove- nant ; and then by the fame Argument, the Solemn League and Covenant might be prov'd to have been a Lawful Oath. He befaught their Lordfhips to confider, whether the Repeal of that Oath could have any Weight with theirLordihips/For that was a general ArTertion, to which all the Peers and Common- ers, in the Employments mention'd, were to fwear ; and there was no Exception in the Oath, but what was implied in it. Then the Queftion would be, whether the Proposition was not as true before it was Sworn, as after ? Whether it was there- fore true becaufe 'twas Sworn, or was it Sworn becaufe it was true ? Whether the Swearing it made true, or the Truth made it fit to be Sworn ? If it was true when it was Sworn, the Proportion was equally true before, and fmce. And he believM fince the Oath had been taken by lb many Peers and Commoners, no Man would pretend to queftion the Truth of the Proportion* Having gone through the feveral Laws he delign'd to lav before their Lordfhips on that Occafion, Sir Simon Humbly leg'd their Lordfhips would be pleas'd to compare the Do- ftot's Affertion in his Sermon concerning the Illegality of Refiftance with them; and confider whether it were ftronger than the Declaration of the Undoubted and Fundamental Law of the Kingdom, in the Aft againft the Regicides ; or the Declaration in the Militia Aft, or the Oath requir'd to be taken by fo many Afts of Parliament, or the Declaration in the 25th Edward 3d. fince all the Doftor had faid was, That J{efiftance to the Supream Tower was Illegal en any pretence what- foever ; and all the Peers and Commoners of England, under the Characters and Imploymencs befcremention'd, had Sworn t0 t 174) b the Truth of it; the 2$th Edward 3d declar'd it to £e High'Teafon ; and their Lordfhips had heard what St. Paul faid. He added, he had began his Difcourfe, relating to the Do- arine of the Church and the Laws of the Land, with the moft fincere Proteftation, that it was far from his Intention to offer any thing Inconfiftent with the Juftice of the Revolu- tion ; he thought the Juftice of it Confident with the Laws9 the Exceptions to be made being always imply'd : And that none could mow themfelves truer Friends to the Revolution, than thofe who prov'd that the Revolution might ftand with- out Impeaching the Do&rines of the Church, or any Funda- mental Law ©f the Kingdom. That Do&or Sachaverell having been Impeach'd for not making the Exception when he laid down the General Rule, he beg'd leave to turn the Cafe, and fuppofe the Do&or had made it. Had he been ftating the Cafe of a Revolution, on a Day when he urg'd the Illegality of Re- finance, on a Day when, if he did not Preach, he was oblig'd to read one of the Homilies againft Rebellion, where there js no Exception ; had he been picking Holes for the Subject to creep out of his Allegiance, and been then cited before his Diocefan ; the Queftion was whether it might not have been ask'd him on what Authority heprefum'dto Preach in that manner ? Whether he found fuch Doctrine taught by the Apoftles, by the Homilies, or by any of the Reverend Fathers of the Church ? Whether he might not have been told it was his Duty, having fuch great Examples before him to prefs the general Duty of Obedience, and the Illegality of Refi- nance, without making any Exception whatfoever ? Had he been queftoin'd before the Temporal Power for Preaching as he had done, had an Indictment been fram'd againft him on his General Affertion, and brought before the twelve Judges, Sir Simon humbly apprehended, not one of them would have declar'd he went too far : But had he been making Exceptions out of the General Rule of Obedience, and to be tried by fuch Jugdesas were before the Revolution, might he not have, been told, 'twas eafie to difcern what Spirit he was of, of what Party he was, and what he aim'd at, what he intended, that he had not Preach'd in Defence of the late Revolution, to (hew the Juftice of it ; but had cover'd the Treafonof his Heart, and under Pretence of juftifying one Revolution, la- boured to bring about another; when he knew how far the Defign had gone of landing the Pretender but two Years be- fore, for he could mean nothing elfe by picking Holes in the Rules for the Subjects Obedience? He faid, he had but a Word or two to add to the other Charges tf that Article: Thatthe Gentlemen of the Houfe of Commons had been pleas'd to obferve, that tho' there were four Articles, the Subftance of them all center'd in the firft. The ( 175 > The fecond Charge in which Article was, tbat bis late Mi- jefty in bis Declaration difclaim'd tbe kafl Imputation of Reff (lanes. That he hop'd it was not a fufficient Ground for an Ar- ticle of Impeachment, if the Doctor had exprefs'd himfelf in an obfeure manner; he own'd he could not eafily com- prehend him, himfelf, but it might be any Man's Misfortune to exprefs himfelf in fuch a manner,* as that it might be decent and fit for him to explain himfelf: And he hop'ds the Doctor had explain'd himfelf fo as to fhew,that tho' he might have fpoken improperly, he had yet fpoken innocently. That the Gentlemen of the Houfe of Commons had declar'd that by Refiftance they meant the Refiftance of the Subject to their Sovereign ; but Refiftance, where the Doflor mentionM his late Majefty to have difclaim'd it, could not have that meaning: becaufe he was a Sovereign Prince, and might refift whom he pleas'd. But perhaps the Paffage in the Do&or's Sermon might be capable of different Conftru&ions, yet the Doctor had taken Care to prevent all manner of Miftakes that might poflibiy arife from thence : He had not only (as one of the Gentlemen of the Houfe of Commons obfervti, made a Mar- ginal Reference to mow what he meant, which might have been done when he apprehended that Expreflion would be found Fault with ; but he had in the Sermon it felf quoted what the Parliament did in burning a Treatife which related to the King's having conquer'd the Kingdom. But the Queftion was put, what he had to do to take No- tice of that Matter, and what led him to juftifie the late King ? Whether ever any Body living had imputed any fuch thing as Conqueft to him ? To which he anfwer'd, That if there had never been but that one Imputation endeavour'd tobecafton his Memory, as he had never heard of any other, furely then the Doftor had done well to wipe or? that Imputation ; and that it had been laid to his Charge, he refer'd to the Jour- nals of both Houfes of Parliament. Their Lordfhips had re- folv'd the Affetion of King Williams and Queen Marys, being King and Queen by Conqueft, to be injurious to their Ma- jefties rightful Title to the Crown, inconfiftent with the Pnn- c pies on which the Government was founded, and tending to the Subverfion of the Rights of the People : And on the 2$th of January 1692, their Refolution having been communicated to the Commons, had been unanimoufly agreed to, The laft Part of that Article he faid was, That to impute Re- fiftance to tbe Revolution, was to caft Black and Odious Colours on- bis late Majeftyy and tbe faid devolution. That thofe very Words, of cafting Black and Odious Colours on bis late Majsfry, and tbe Revolution, were in the Doctor's Sermon at the Clofe of a Sentence, which immediately preceeded the Expreflion of his late Majeftv's difclaiming the leaft Imputation of Refiftance: And < *& ) &nd it was impoffible to miftake the Place, their Lordfolps tmght examine it, and from thence the Do&or might take his Fate, Whether that Paflage were applicable to what went before or to what follow'd after. Thofe Words of cafting Black and Odious Colours being fo far from referring to his late Majeftfs difdaiming the Imputation of Refinance, that they concluded the Sentence which went before, where the Doctor mention'd New Preachers and new Teachers that broach'd abominable Pofitions, that the People had a Right to cancel their Allegiance at Pleafure, to call their Sovereign to Account, and who pretended to juftifis the horrid Murder of the Royal Martyr J^ing Charles the Tirft, and endeavoured to slreen themfelves, and their vile Notions, under the Revolution* And the Doctor after mentioning thofe new Preachers and their Doctrine, went on, Our Adverfaries think they effettually flop our Mouths , and have us jure and unanfme- rable on this Point, when they urge the Revolution of this Day in their Defence* But certainly they are thegreatefl Enemies of ihai% and his late Majesly, and the moft ungrateful for the Deliverance, who endeavour to caft fuch Black and Odious Colours upon both. He defir'd to know of their Lordfhips what that refer'd to, •whether it did not Clear the Revolution againft the Venom of thofe Mifcreants, who publifh'd (uch villanous AfTertions as thofe? But a Learned Gentleman had ask'd, what a Minifter had to do to meddle with thofe things ? He anfwer'd, if any Ivian offended againft the Temporal, or Ecclefiafticai Laws, the Courts were open, the Magiftrates were to punifh. To conclude, He did not find, if the Doctrine held, that he ought to preach againft any thing > if he were not to preach againft any thing that might be profecuted, either in the Tem- poral or Ecclefiafticai Courts, he might not preach againft any Oftence that was forbid by the Ten Commandments. Perhaps it would be urg'd, that there were no fuch People as thofe Hew Preachers and New Teachers, that he was raifing a Phantom, and then throwing it down > he Was only imagining Cafes, of which there were no Inftahces ; that there were no fuch Men who endeavour'd to juftifie the Murder of king Charles, or Defend it by the Revolution. But they would fliow there were too many Inftances of fuch Perfons who made no Scruple to pubii(h thofe Poiitions,and call: Reflections on the Queen and Her Government, whom the Doctor had been De- fending. That he was not the Perfon he had been reprefented, he had no difbyal Thoughts about him ; And would rather die in Her Majefty's Defence. They would fhow their Lord- fhips that there were fuch as ran moft vile Comparifons be- tween the Revolution, and the moft execrable Murder of King Charles theFirft, and could find no better Difference between them, than the abominable Diftinclion of a Wet Martyrdom, and 4 Dry One. After ( *77 ) After Sr. Simon Hircwt, Mr. Dodd Spoke in Defence of the Prifoner to this Effect. THat he was alio a Council for Dr. SuchevereU, and could rrot bur think that by the fame Arguments that had been us'ci to maintain thofe Articles, any Book or Sermon, tho' never fo innocent, might be reprefented as a Libel. That, the. Gentlemen Managers of the Houfe of Common?, withSubmiffion, had fcarce any three of them agreed in any one principal Point, excepting in the Doctor's being a Cri- minal before he was Condemn'd : For he had been throughout the whole Debate (generally fpcakingj fo call'd ; the ufijal Ex- preflion having been, The Criminal ac the Bar ; which (as not ufual in other Places) would have been a great Difcourage- ment to them that were his Council, and great Difcourage- ment in his Defence, but that they confider'd, that the Judg- ment was their Lordfhips, and that by their Juftice he muffc ftand or fall. It had been reprefented as if the Sermon had been perus'd and approv'd by Lawyers, but was only Sug- gested (as other matters had been) without the leaft Proof thereof: Different Facls had been charg'd upon them; fome- times they were tax'd for having faid too much, and fometimes for having faid too litrle, and not mentioning things that were the proper Subject of the Day. But they apprehended thofe Matters were objected for want of obferving the Sermon it felf, for as it had been preach- ed on the Fifth of November , fo their Lordfhips would find an Account given for a Leaf together, fetting forth the hor- rible Delign of the Powder Plot : Their Lordfhips would alfo find both in the Body and Conciulion of the Sermon, Notice taken of their Deliverance on that Day. That fome Acts of Parliament had been cited by the Gen- tlemen Managers for the Houfe of Commons, that of the 25th Henry Yill. about the Supremacy, which they appre- hended was not to the prefent purpofe;" as only aiTerting the Supremacy, that is, the Independency of the Crown, which had been ufurp'd by the Tapal Authority ; for furely King fJevryme VIII had been a Prince that would as little bear the Do&rine of Refiftance, as any Sovereign that ever wore the Crowns of thefe Kingdoms. That many things had been faid by the Gentlemen of the Houfe of Commons wherein they heartily agreed with them •, and the Revolution was a Cafe they all agreed, out ot the general Rule, and fo in every thing they faid, they hop'd their Lordfhips would underhand it; for they neither did nor could understand itotherwife; it being againft their Judgment and Incereil to think otherwise; they were hearty M WeU-wiflurs (x78) Well-wifliers to the Revolution, and to the Happinefs of En- gland which was in a great meafure built upon it ; They a- greed the Law of the Land was the Meafure of the Prince's Authority, and the Peoples Rights ; that in the Cafe of the Revolution, when the Laws were overturn'd, Popery was coming in, and Property iignify'd nothing, the People of England invited by His late Majefty, had reported to the laft Remedy, even that of Neceflity, and that Neceflity had in- due'd Refinance, and juftify'd 'em in it, and upon that Foot the Revolution had fucceeded: They totally deny'd that the Doclrine of Non-Refiftance, as laid down, and afferted by the Doctor, was intended for the Pretender, or any other, but Her Majefty and Her Government, or could be conftru'd a thwarting the Revolution ; his Affertions were General, and thofe General Affertions would have their particular Excep- tions. That it had not, nor could be made out, that they had an Eye in Favour of the Pretender in any Part of that Di- fcourfe: And fome of the Gentlemen had admitted that the Do&rine in the Main was Right, but faid the Defendant had his Thoughts, his Eyes on the Pretender; which was fovery contrary to what the Doclor had afferted in his whole Sermon, that he hop'd there was no Ground for it ; for the Doctor (as a Dutiful Subject) took Notice that Her Majefty was the Laft of the Lineal Defcent, as the Relict of the Royal Fami- ly, which quite difown'd the Pretender and his Right: Aad could any one imagine, that in fuch Expreflions he could have an Eye to the Pretender ? For if there were any Pretence of Title in the Pretender, it muft be as a Defcendant of that Family : But he had taken Notice that Her Majefty was the only one left of that Family in a Lineal Defcent, and he thought that was enough to acquit the Doclor of having any Eye to Him beyond the Water. Having premis'd thofe Remarks, he faid he mould next Confider the Articles as thty lay before their Lordfhips. And in the Preamble to them, there was Notice taken of three Afts of Parliament. The Firft, the Aft declaring the Bights mi Liberties of the Subjett, and fettling the Succeffien'of the Crovnu The Second, the A& for preventing Vexations Suits a- gainft fuch as iBed in Order to bring in their Majefties, and for their Services. The Third, the Aft for Paying the States-General of the Vnited Provinces their Charges, for Bis Majefifs Expedition into this Xjngdom, and for other Vfes. That thofe were the Three only A£b cited in the Preamble of the Articles \ to each of which he mould fay but a Word. And as to the Act call'd the Bill of Rights, he did not find that that Aft medletf with the Points of Refiftance, or Non-refiftance, the whole Ground and Tenour of it being upon the Abdication. And fettling ( \19 ) fettling the Crown upon the Vacancy of the Throne, for it faid, Whereas the late Qng James II. having abdicated the Government, and the Throne being thereby Vacant, &c. Without ftating any other Faft, or mentioning Refiftance. But the Throne being Vacant, the next Head in that Aft faid, That KJng James having Abdicated the Government, and their Makefiles having accepted the Crown, did become Lawful King and Queen, &c. And thofe were the only Paflages in that Aft as to the Matter in Hand, it had Preferr'd the Liberties of the Subject, Eftablifh'd feveral Rights which were their An- cient Inheritance, told the People that the Throne was Va- cant, and being fo, that their late Majcfties were Lawful and Fightful King and Queen, as undoubtedly they all agreed they had been. That, The next Aft mention'd was3 the M for preventing Vexatious Suits againfl fucb as atledin Order to the bringing in their Majefties, or for their Service : Which went further than the Bill of Rights; but whoever Read it, would find, it was bufc the fame Aft in EfFeft, that had been Enafted in the Reign of Edw. ?, afterthe depofing of Edward the 2d, being a meer Aft of Indemnity, an Aft of Pardon for Officers Civil and Milita- ry ; only excepting thofe from Profecution who having beeri Tranfgreffors againft the #rift Rules of the Law, were fubjeft to private Aftions ; and no lefs could be done than to exempt them from fuch Profecutions, and therefore that Law pardon'd all Aftions of Txefpafs committed upon that Occafiofn Then, The next Aft taken Notice of was, That for P dying the States General. Which he did not fee took any other No- tice, but was only for paying the Dutch deoooo /. for their Af- fiftance to his Majefty at his coming into this Nation, for our Deliverance from Popery and Arbitrary Power. That, then the Preamble chared the Doftor with Preaching and Publijhing the Sermon and Dedications \ which was faid to be' done with a wicked, malicious, and feditious Intention, to undermine and fubvert Her Majeftfs Government and the Proteflant Suecejfwri as by Law Ef}ablijh\i, to dejame her Majefty's Adminifl ration, to afperfe the Memory of his lite {Aajefty, to traduce and condemn tU lite hippy Revolution, to ccntradicl and arraign the Refolutiofis of both Houfes of Parliament, to create Jealoufies and Divifwns among Her Majeftfs Subjects, and to incite them to Sedition and Rebellion* That thofe were the Corollaries drawn from the Preamble of the Articles of Impeachment, and thofe the Fafts which mud make thofe Articles Criminal, or they could not be fo atalL Thofe Fafts they utterly abhor'd and denVd, and faid they were not guilty of them, and hop'd it would [o appear to their Lordlhips. But he would corile to the firft Article it felf, and fhould feortly fpeak to the three Divifions of that Article ; Which con- M 2 lifted ( i8o) filled of three Heads; the firft whereof was, That the Potior Suggefied and Maintained., that the Necejfary Means us'd to bring about the happy Revolution were Odious and Vnjujii 'fable. The fe- cond, That his late Majejiy, in his Declaration, difclaimd the leafl Imputation of Refijiavce. And the third, That to impute Refijt- ance to the Involution, was to caft black and odious Colours upon his late Majejiy and the Revolution. As to the firfl, which imported his fuggefting, that the ne- ceffary means us d to bring about the Revolution tvere Odious and.' Vnjuftifiable : They could not have a better Anfwer to it, than utterly to deny the making of any fuch Affertion ; which they had not done in Words, nor in any Words that would bear that Conllru&ion. They infilled, that as it could not be prov'd out of the Sermon, Co neither out of any other Aclion of the Do&or's Life, or any other Sermon by him Preach'd ; that he had in no Part of his Sermon affirm'd any thing or the Necejfary Means us'd to bring about the Revolution, which was a Point not fit for the Do&or to meddle with, the Legislature having taken Care of it; but on the contrary, they had all along endeavour'd in that Sermon to clear the Revolution and his late, Majefty (and hop'd it had been done eiFecluallv) from the black and odious Colours which their greatt ft Enemies had endeavour'd to caft upon them. To that Part of the Article they had pleaded not Guilty ; they had denv'd the Facl, it not been prov'd upon them; the Sermon d icf not prove it, nor did the Dedication prove it, but prov'd quite the contrary, as by feveral Paragraphs * of the Sermon compared together would appear. That, The fecond Diviiion of the fame Article, was, That his late Majejiy, in his Declaration, difclaimd the leaft Imputation of Refinance. Which Fact they did acknowledge, if it were Understood as the Doclor Explain'd, and prov'd it by theDecla- ' ration it felf ; in which Senfe they took it to be very Juft and True; the^efifhnce the Doclor had mention'd being fuch a Refiftarice as tended to Conqueftonly, as by the Words Prin- ted, and Referr'd to in the Sermon, plainly appear'd, and it could have no oth*r Confideration, or Meaning, as would be manifeft to any who read that part of the Sermon with any Candour, or Ingenuity ; and the Doclor had taken Care to ex- prefs it in Words, that there might be no room for Exception-: His Highnefs declares, in Oppofition to thofe who give out, that we intend to Conquer and Inflave thefe Nations, that ne have thought ft to add a few Words to our Decclaration l It is not to be imagini that either thofe who have invited us, or thofe who are already comt to affijl us, can joyn in a wicked Attempt of Conqueft, to mike void their own lawful Titks to their Honours, Eflates and Interefts : And it had been fo undoubtedly, for he came not to Conquer and Enflave, but to make the People free, and to preferve and rdlore their Religion, Laws and Liberties ; which had been the (.Si ) theSenfeof the Nation; and Notions of a different kind, and fuch Afotions in Printed Sermons, had been Animadverted upon. Therefore if the Doctor having his Eye in thatExpreflion on the Matter of Conqueft which had been iniinuated by others, and difclaim'd by the late King, did exprefs the fame by Refift- ance., the Exprelfion, they hop'd was applicable to the fubject Matter that was before him, and ought not to be wrefted or turn'd to any orher Purpofe ; for norliing could better fhew his Meaning than his own Quotation : Where he referr'd to King tvi Mam's Declaration, to juftifie him in that Matter. So the next Head was, That to impute Refiflance to the [aid Fe- volution, was to caft black and odious Colours upon bis late Ma- jefiy and the [aid Revolution, Which they likewife utterly deny'd to have Maintain'd ; having Paid no fuch Thing quite thro' the Sermon j nor taken upon them to meddle with that Point: It being an improper Subject for the Doctor to meddle with, who neither affirm'd, nor faid anything of thofe who imputed Re ftancetothe Revolution; but thofe the Doctor intended, and who were plainly meant, if the preceding Words ought to be the Words to which the Subfequentand Conclufionof the Sen- tence related;, then thofe were Perfonsof dangerous Pofitions, who placM the Power in the people, who pretended to a Power to call their Sovereign to an Account at their Will and Plea- lure ; Pofitions tbat^vere condemn'd by the Laws of the Church and State, and then vouch'd the Revolution in Defence of thofe Principles. Thofe were the Perfons mention'd and in- tended by the Doctor, whofe Principles and Practices did caft black and odious Colours upon the Revolution. The Doctor they own'd, in this Sermon, had afTerred that general Proportion, viz. Abfolute Obedience in aU things lawful to the Supreme Power, and the utter Illegality of Refilling the Su- preme Power upon any Pretence whatfoever : And that being the Article, if they underftood fome of the Gentlemen of the Houfeof Commons aright, on which the whole Impeachment turn'd, and that if they were clear of that Article, there would be no Reafon to follow them upon the others, it gave them an Occafion to enlarge a little further upon that Point. Therefore, as for Non-Refiftance in general they afTerred it as a Rule, yet they agreed there was an Exception nnply'd in that Rule, and that Exception, they faid, was the Cafe of the Revolution : When this general Rule had an Exception in it, it ought to be in a Cafe of the utmoft Neceflity imply'd, which was not expref>'d, ftated, or determin'd in any Law or Act of Parliament that he knew of, except in the Particular therein after mention'd. That Doctrine he faid was agreeable to the Scrip- tures, and Taught by the Church of England .in her Homilies, i Articles ( 182 ) Articles atd Injunctions, by her Bifhops and Fathers; and i» all Admonitions from the Bifhops and Paftors of the Church, from time to time. That he (hould not name them, fome of them having been already nam'd : But would produce Ser- mons Preach?d before Her Majefty, ^heir Lordfhips, and the Houfe of Commons, on the moft Solemn Occafions, where that Doctrine had been fully aflerted, even beyond what the Doctor had laid down: That both their Lordfhips and the Commons had return'd Thanks to the Bi (hops and Clergy who had Preach?d them, and therefore they could not apprehend themfelves to be worthy of that Repreheniion : For they would produce them in Evidence, and vouch Authprities before the Reformation, and in the Infancy of it. The Homilies which were allow'd by the Church, and Eftabliih'd by feveral Afts pf Parliament. And that they took to be agreeable to the Laws and Sta- tutes of the Realm. And the Law made it high Treafon, for particular Perfons to Refift the Supreme Power. That the Spencers in Edward the Second's Reign afferting That if the King did not Govern well, the People might re- move him, and that by Force; had been Condemn'd by two Afts of Parliament, in Edw.2<\. and Edw. a,d's Reign. That the Aft of the 25 Edw. 3. that famous Aft which had been the Standard for Treafon for many Ages, was agreeable to the Doftor's Aflertion ; and when there had been Breaches made in that Law, in Queen Mary's time, thofe A els had been again repeal'd : So that it was needlefsto repeat, that to refift the Executive Power, and the Perfon of the King, was by that Aft, comparing his Death, and levying War againft hira, and it had always been look'd upon that Reiifting the King, was levying War, and compafling and imagining the Death of the King ; for which Reafon he would fay no more on that particular Aft of Parliament, but would come to later Times. And accordingly in the Aft of the 12 Car. 2. Cap. 30. it was declar'd, That it is the Undoubted and Fundamental Law of tkis kingdom, that neither the Peers of this ^ealm, nor the Commons, Tier both together, in Parliament or out of Parliament, nor the Peo- ple collectively or reprefentatively, nor any other Perfons whatfoever, ever had, have, or ought to have any Coercive Power over the Per- fons of the Kings oj this Realm. Which was a Peclaration as full as could be, as full as the Doftor's Sermon, and yet that Declaration, he agreed, ought to have an Exception in a Cafe of the utmoft Neceffity; And he hop'd there was as much Rea. fon to allow the Doftor an Exception, as in that Aft of Par- liament, The next Aft was the Corporation Aft, 13 Car. 2. direct- ing all the Officers of Corporations to Swear, That they do be- Meve, That it is not lawful, upon any Pi etence wkatfoever, to take Arms Arms againft the Qng. Being as full a Declaration to be made by all the Magift rates of Corporations, as general Words conld carry, and yet he would be underftood in every One of thefe, that there was an Exception of Neceflity ; but whether the Doctor was a proper Judge of that Neceflity, he would take notice loon after. The next was the Militia Act ig and 14 Car. 2. and in it the fame Declaration to be made by every Lord Lieutenant, Deputy-Lieutenant, Officer and Soldier, That it is not lawful, upon any Pretence whatsoever, to take Arms againft the iQng. And the Preamble of the fame Act ftill ftronger, where it was declar'd, That both or either of the Houfes of Parliament, could not, nor lawfully might raife o> levy any War offenfive or defenfive, againft his Majesly, his Heirs y or lawful Succeffors, The next was the Act of Uniformity 13 and 14 Car. 2. The next the Aft for Select Veftries, enjoining all Deans, Parfons, C£e. to make this Declartion, lhat it is not Lawful, upon any Pretence whatjoever, to take Arms againft the Kjng. The next, the Acl of Affociation, whereby all Perjons were engaged to ft and by and affift one another , againft alibis Ma]eftyys Enemies, without any Limitation. And the next was the Acl for Eftablifhing the Abjuration Oath, 13 and 14 King William, which had been taken in the late Reign, and the Acts of the 1 and 6 of Her Majefty's Reign, whereby aB Perfons in Office were to fwear to defend the iQng and Queen, to the uttermoft of their Power, againft dll Traiterous Conspiracies and Attempts whatfoever, which jhould be made againft Her Perfon, Crown or Dignity* And that thofe Words might have the plain Senfe put upon them, They were to declare that they made that Recognition, Acknowledgment , Ab\uration,^nunciation,ani Promife, heartily, wiHingly, and truly , Hpm the true Faith of a Chriftian, Therefore that Refiftance could not be agreeable to that Abjuration, for to refift was not the way to Defend. Mr. Vodd proceeded, telling the Lords, they thought the Do- ctrine of Non-Reilftance, as a general Proportion, was war- ranted by the Law* of the Land; and when there was an Exception imply'd therein, ought only to be determin'd by the VVifdom of the Nation, and not by any one Doctor or pri- vate Perfon whatfoever. But the Doctor's Proportion was about Non-Refiflance of the Supreme Power, and they had no Reafon to take a greater Weight upon them than the Words of the Sermon ; and whatever Construction might be put upon it, in Relation to the Executire Power, yet the Proportion held good as to the Supreme Power, which was all the Doctor had afTerted. That the Supreme Power was the Queen and Parliament and to that Supreme Power the Doctor had preft the utter Unlawfulnefs of Refiftance 5 and M 4 ht ( i»4) he liad riot heard it faid by any that it was lawful to refill the Queen in Parliament, for there was the Strength of the Nation, ard to it there ought to be a Standing Obedience, otherwife it would be fetting up the People to be Judges, and not the Collective Body of the People affembled in Par- liament. That in a particular Cafe of the utmoft Neceffity, what Conftruclions were to be made as an Exception out of the General Rule .ought to be left to Time and Circumftances (when fuch a Cafe mould happen) to determine, and ought to be determin'd by the Wifdom and Strength of the Nation, if ever fuch a Cafe mould happen, which he hop'd never would more. / That there was one Exception made ipone particular Cafe in the Bill of Rights, which Ena&ed, That if the King or Queen fbould be reconciled to the See of Rome, oV prof efs the. Po- pij}) Religion, or marry a Papitt, then fuch P&rfon Jbould be exclu- ded from inheriting the Crown> or having Kegal Power in the %ealm, and that the People jhould be abfolvd of their AUegiance* which he took to be the firft ftated and determin'd Exception to that General Rule that ever had been made in any Aft of Parliament, That they thought a Government could fcarce be juft to it felf, that "did not encourage and command that Obedience, that Non-Refiftance. It being a Rule profitable to all Go- vernments,, whatsoever the Nature of them might be ; as be- ing for the Peace and Quiet both of Church and State ; and it would be wife Work to have the Exception to that Rule ftated, by every one that come into a Puipit. He knew not whether it wou'd be high Treafon in them to do it, but was fur it wou'd be a High Crime: And if thofe Points were doubtful or difbutable (as at leaft ought to be agreed) fure they were no Grounds for an Impeachment. For what Do&rines fhould aMinifter of the Church of En- gl&nd preach, if not thofe which were deliver'd in the Scri- ptures, and in the Doclrines of that Church ? Should he fearch another Rule than what was laid down in the Scriptures, the Laws and the Fathers of the Church? Should he tell the Peo- ple, that the Doctrine of the Church of England was the Doclrine of Non-Refiftance of the Supreme Power ? Or mould lie limit that Rule, and ftatethe Exceptions of it? Sure that would be very ftrange for the Do&or to do. He mould then tell them that Refiftance was Unlawful, but there was an Ex- ception to that Rule; but what that Exception was he oiuft not tell them, but they muft find it out as they could. Which would be to pick Holes in the Duty and Allegiance of the Subject, and would look like the Blind leading the Blind. They ( i»S ) Tliey could not but think it would be a very ftrange thing for aMinifter of the Gofpel to diflinguifh in that Cafe: Nay it would not be allow'd him, and it would be an Offence for any Preacher fo to do. He ought to preach the general Propor- tion, he ought to inculcate the General Rule, and to preach in the Words the Laws of God, and of the Land, had deli- veryd it in ; he ought not to vary it, to find Meanings to help the People, like a good Cafuift, to diftinguifh themfeives out of their Allegiance. So they apprehended the Doctor's whole Sermon ought to be underftood, not as razing the Foundations of the Go- vernment, not inciting to Rebellion, but preaching Obedience to the Laws of God and Man. He faid, it was a great Mif- fortune for the Dotlor to be reprefented as preaching thac Doctrine for the fakecf the Pretender. But they thought at leaft it might be a Comfort to him, that there was not a Syllable of Proof or Truth in it; and that on the contrary, the Doctor had difclaim'd all Right in the Pretender, by afler- ting and acknowledging Her Majefty's Right, and exprefling a paflionate Concern, that Her Majefty was the Relicl of the Royal Family. That they had given all the Affurance of their Fidelity which the Law demanded, they had taken the Oath of Abjuration, been always fubmiflive to Her Majefty, and the Laws of the Nation, and given all the Security of the Allegiance and Loyalty that the Government requir'd. That the Doctor had fully declar'd his Meaning in that Sermon : all along fubmitting to the Government, and pray- ing for the Queen and Government. He had done it in fe- veral Places of his Sermon, and Particularly in one Place, which would carry a great Weight in it. Where he faid, What I have thus freely fpoken, J hope is as much without Offence, as it proceeds from a tender Concern for Her NlajeSlfs Ferfon, and a. hearty Zeal for the Safety of our Church and Constitution. That after fuch a Declaration, in Common Juftice, there ought to be no ConftrucVion of his Meaning made by Inference ; that be- ing a full Declaration, that what he had done was in Service and Zeal to Her Majefty and the Conftitution in Church and State. In ihort, fince there were not through the whole Sermon any plain Words to ground fuch a Conitruclion, fince there had not been the leaft Proof offer'd, but only by fuch fore'd Con- frrucYton, when difFerent Words were pick'dout from diffe- rent Places, and Words ^o diftant were join'd together to makeup Sentences; and then Arguments fram'd, and Conclti- fions drawn from thofe Sentences to make good the Impeach- ment, they thought it was much too hard, and hop'd it would never beendur'd to pick Pare of a Line here, and fix or eight Lines ( i86) Lines after part of another, and to join the Cortclufions of one Sentence, and the Beginning of another ; which would be to confound all Reafon and Underftanding whatsoever. That they took to be no right way of Reafoning, nor a proper Evi- dence to maintain an Impeachment, and they hop'd their Lordfhips would therefore acquit the Do£tor of that Article. The next that Pleaded for the Doctor was Mr, Phipps, the Pur* fort of whofe Speech was as follows. That he alfo had been afligu'd by their Lordfhips to be one of the Council for Doclor Sachevereti9 whom he could not yet think to be a Criminal ; and hop'd that when they had been heard, their Lordfhips would not think him fuch. He admitted as the Cafe had beenftatedby the Gentlemen who were the Managers for the Commons, that it was a Caufe of very great Moment, and worthy of their Lordfhips Deter- mination, becaufe it deferv'd the greateft Deliberation, being a Caufe as confiderable in its Confequences to Her Majefty, the Church, and thefe Kingdoms, as ever had been brought before their Lordfhips. And therefore, fince it had been the Doftor's Misfortune to incur the Difpleafure of the Houfe of Commons, and to lye under the Weight of an Impeachment by that Great and Honourable Body, it was his greateft Com- fort (next to being Innocent) to have thfir Lordfhips for his Judges, and the Opportunity of fo publick a Vindication of his Innocence ; for he did not doubt to give their Lordfhips and all by whom they had the Honour to be heard, full Sa- tisfaction, that he was not Guilty of any of the Crimes charg'd upon Urn in any, or either of the Articles. They agreed with the Managers, that his late Majefty, when Prince of Orange, had with an arm'd Force, undertaken a glorious Enterprize for delivering the Kingdom from Popery and Slavery. They admitted that divers Subjects well affect- ed to their Country had Join'd with and alTifted him in that Enterprize ; and that the Enterprize being crown'd with Suc- cefs, the late happy Revolution took Effect, and was Efta- blifh'd. They alfo admitted that the bleffed Confequences of the Revolution were, the Enjoyment of their Religion and Laws, the Prefervation of Her Majefty'sPerfon, the many Ad- vantages ariiing by Her Majefty's wife and glorious Admini- stration, the Profpeft of Happinefs to future Ages by the Settlement of the Succefiion and the Union of the two King- doms. But that there were other Matters fuggefted in the Pream- ble, wherein they differ'd with the Gentlemen of- the Houfe of Commons •, for it was therein alledg'd That Dottor Sacheverell Preached and Publijh'd his two Sermons with a malicious and fedi' tious Intention, to Vndermine the Government and Preteftant Suc- ccjfwn, (*87) eejfton to Defame Her Ma}e fly's Admlniflration, to Afperfe the Memory of Mis late Majefty, and Traduce and Condemn the %• volution, to Arraign the Resolution of both Moujes of Parliament, to create Jealoufees and Vivi(ions among Her Majeftfs Subjetls, and to Incite them to Sedition and Rebellion. All which they totally deny'd. He faid, the Offences charg'd upon the Do&or, were of a very high and heinous Nature, the Evidence to maintain and make good that Charge ought to be the clearer and plainer. And to make the Do&or a Criminal within thofe Articles, every Branch of the Articles ought to be prov'd as they were laid. It ought to be prov'd that he Preach'd and Publifh'd thofe Sermons with fuch wicked, malicious and feditious In- tention, as was allcdg'd in the Preamble, and. the Proof ought to be plain and pofitive ; for the Laws of England , had fo guarded the Perfons and Properties of the Sub jefts, that their Lives, Liberties, or Eftates, could not be fubjeft to Forfeit ture, or Reftraint, by uncertain or conjeclural Evidence, by ftrain'd or unnatural Inferences, Infmuations^ or Innuendo's. And tho* he could cite many Authorities and Determinations in the Courts of Weftwivfterv&all, wherein the Judges had ex- prefs'd their Diflike and Deteftation of Convicling Men of Offences, either Capital or Criminal, by Innuendo's or Infe- rences ; yet he forbore to trouble their Lordfhips with any of them, becaufe he had an Authority Superior to them ail to warrant what he faid, and that was the Determination and Refolution of their Lordfhips in Sir Samuel Barnardifton's Cafe, which having been read by Sir Simon Bar court, He forbore to trouble their Lordfhips with a Repetition of it. The next thing therefore to be coniider^d, Mr. Pkipps faid, was, Whether the Sermons were Preach'd with fuch malicious and feditious Intention as was afferted in the Preamble^ and whether there were fuch plain, direft and pofitive Proof, as their Lordfhips Determination, in Sir Samuel Barnardifton's Cafe, had declar'd to be neceffary. But that before he came to fpeak to any particular Article, he beg'd leave to obferve fomething, which tho' it had not been made a particular Charge againft the Do&or in any one Article, yet it had been urg'd and infmuated almqft by every one of the Managers of theHouleof Commons to enforce every Article, which was, That notwitkftanditig the Dottor's Exprejfion of loy- alty to the Queen, yet his Intention was to bring in the Pretender, He faid, It had been Objected, as he apprehended (and he beg'd Pardon if he was miftaken) " that the Do&or confin'd * his Doclrine of PafTive Obedience and Non-Refiftance to a " Jure Divino King or Queen, and that from thence it was eafie " to underftand againft what Queen the Do&or excited the H People to take up Arms, But if the Queen, who had an Hereditary tto more find that Sentence in the Do&or's Sermon at Su paiU\ than one of the Learned Managers could find a Text of Scripture, quoted by the Doctor, in his Bible. And one of the Gentlemen who fpoke to that Article had been pleas'd to admit, that the Words charged in that Part of the Article were not in the Doctor's Sermon, but faid, there are Words that are tantamount; fo that that Branch Was to be prov'd by Innuendo's, and yet they had not been yteasM to let them know what thofe Words were which did amount to the fame Signification, and they deny'd there were any fuch Words. That the laft Part of the firft Article (which he ffiould* confider next, as relating to the Revolution) charg'd the Do- ctor #hb Suggefiing and Maintaining that to impure Refinance to the Revolution, mas to cafl Black and Odious Colours upon bis Majefty and the Revolution. In anfwer to which he muft beg leave to take notice, that the Words of the Sermon were there tranfpos'd and mifplacM, for the Doctor did not fay, that to impute Refinance to the Revolution was to caft Black and Odious Colours upon his Majefly and the Revolution ; but he lay'd, that to urge the Revolution to juslifie the Voclrine of Dethrone ing and Murdering of Princes, was to caH Bhck and Odious CO' lours on his Majesty and the Revolution ; for that the Do- £*or, in Page the nth faid, that a the New Preachers and *« New Politicians pretended to have a Power to cancel their y and Iniifpinfable one too, as fufficientJy ap- pears from thefe famous Words of St, Paul'*, Horn. 12. .1 2. which are fo plain that they need no Comment; fo that fo long as this Textftands in our Bibles, the DocTrine of Non- Re fi fiance or Pafftve Obedience muft \)e of Obligation to aU Chrijiians. He put the Queftion, whether the fame Doclrine were not conflrm'd by the Church in her Homilies, and enjoin'd to be Read on certain Days in the Church ? Whetner thofe Homi- N 3 lies ( 198 ) lies were not allow'd by the Articles ? Whether thofe Arti- cles were not Eftablifh'd by the i$thof Eli%. Chap. 14. And whether that very Aft were not confirm'd and made Perpe- tual by the Aft of Union made in the Fifth Year of Her Majefty ? Whether it were not like wife Ratify'd and Eftablifh'd by ihe Legiflature, by the Aft of the 12th of Charks the Second, cited in the 'Sermons of the Bifhop of Lincoln and Doftor Jennet, by the Aft of the 13th of Charles the Second ? For that Aft of the 13th of Charles the Second, CJta/>. 4.0- blig'd all Minifters, Sfc. to fubfcribe a Declaration, the firft Part whereof was this, I. A. B. do declare that it is not Law- ful upon any Pretence whatfoever to take up Arms againfl the JQng, Whether that Declaration had not been to be Swore to by all Officers of Corporations, by the Corpcration Aft : By all Lieutenants, Deputy-Lieutenants, and all Officers and Soldiers of the Militia, by the Militia Aft ? And whether any Man could doubt the Truth of that Doclrine, which the Legiflature had oblig'd the greater!: Part of the Nation fo Solemnly to Subfcribe and Swear to. He fa id they had Col- lected many more Inftances of that kind, which they would offer to their Lordfhips in the Courfe of their Evidence. And fo their Lordfhips might obferve how thatDoftrine ha been Preach'd and Maintain'd by Archbifhops, Bifhops, an Eminent Divines, Conflrm'd and Eftablifh'd by the Church, an< by the Legiflature; and he denYd to know whether that Do ftrine had" been alter'd, or had receiv'd any Diminution 0 Reftriftion by the Revolution ? Which he would not prefum to fay, but put himfelf upon their Lordfhips Judgment, on th Consideration of the federal Sermons before- men tion'd Preach'd and Publifh'd with the Refpeftive Approbation 0 both Houfes of Parliament fince the Revolution. HedefiY tieir Lordfhips to refkft how many Revolutions there ha been in this Kingdom, and yet that Doftrine always continu' the fame; and fubmitted, whether they had not their Lordfhips Authority on that very Point ; for in a Sermon Preach'd before their Lordfhips on the 30th of January, 1702. by the Lorci Bi- fhop of Carlifle, his Lordihip had exprefs'd himfelf thus : Our Foundations^ 'tis to be hop'd? are not flulen by the weight of thofe many Great and Extraordinary Revolutions that have pafs'd upon us {the All-wife Providence of God h*s frequently zf late (and as fome of us always thought, very Graciou fly) Exchanged our G over- nors\ but if we ungratefully alter our Notions of the Divine Might of Government, and throw off our Antiem and Primitive Rides of Obedience, we fh all wale anunwonhy %e turn for the Mercies we have received, Hehop'd he might have their Lordfhips leave to conclude their Lordfhips were of the (ame Opinion, fince the Lord Bifhop had their Lordfhips Thanks for his Sermon, and their Defire to Print it. He further prefum'd to offer it to their Lordfhips ( *99 ) Lordfhips Confederation, whether that very Doclrine had not been Eftablifti'd and Enjoin'd, under the Obligation of an Oath, by the Legiflature in the Reigns of King William and Queen Anne in the Abjuration Oath, which Oath contain'd this Claufe, vi%. And I do Swear that J will bear Faith and True Allegiance to Ber Majefty, and Her wilt Defend to the utmojt of mi Power againft all Traiterous Con/piracies wbatfoever, which pall be made againft Her Perfon, Crown and Dignity. He believ'd it would not be deny'd by any Lawyer, that taking up Arms againft HerMa- jefty wis High Treafon, by the Statute of the 25th of Edward the Third, and therefore the Parliament having enjoyn'd all Perfons in Otfice, CSV. to defend Her Majefty againft all Traite- rous Confpiracics and Attempts, had fhew'd that it was their Opinion, that the Taking up Arms and R^fifting Her Majefty, upon any Pretence whatfoever, was Unlawful, becaufe where- foever Refinance was Lawful, the Defence muft be Unlawful. He further beg'd leave to add, that the Punifhment inflicted by the Law in this World for Reliftance, and the Judgment de- nounc'd againft it in the Next, fufficiently Evinc'd the Illegality of it. That taking up Arms and Refitting againft the Queen, by the Statute of the 25th of Edward the Third, was High Treafon, the Punifhment of which was to be Drawn, Hang'd and Quarter'd ; and in what Condition they were to be in, in a future State, St. Paul inform'd them, for he faid, They thzt fiefift frill receive tothemfelves Damnation ; and lately no Body would conteft the Truth of that Doclrine, the Ureach of which was attended with filch difmal Confequences. He hop'd therefore, llnce that DocTrine had been fo Univerfally Preach'd and Ap- prov'd, the Preaching of it then fhould not be thought to Re- flect on the Revolution, more than it had done before, fince Her Majefty '$ Happy Accefiion to the Throne, and more than it did in the Reign of Kjvg Wiliam, who had been the Glorious In- itrument of that happy Revolution. That no Body could doubt of his Majefty'^ being appriz'd of the Neceflary Means by which the Revolution had been brought about, or of his having as tender a Regard for the Honour of the Revolution, as any Body elfe could be fuppos'd to have , and yet that Doftrine bad been Preach'd in his Time, in as General Terms as the Do£ior had Preach'd it, and not only without Objection, but with the Ap- probation of his Majefty and both Honfes of Parliament : And if all that would not Vindicate the Doctrine, yet he hop'd it would atleaft excufethe Doctor from being a Criminal. For how could he be a Criminal, for Preaching that Doctrine which had been aiTertedby fo many Archbiihops, BiOiops, and other Eminent Divines, not only with Impunity, but even the Approbation '^oth of Houfes of Parliament ? That Doftrine which was enjoin'd by the Church, RatifyM, Confirmed and EftablifiVd by the Legiflature, and which was the Docli e of N 4 ( 20° ) all the Protectant Churches in the World, of our Saviour him- felf, had been the Doctrine ever fmce Jdam, and would con- tinue fo as long as there was a Bible upon Earth ? How coald a Man be ?. Criminal, for Preaching the Doctrine of Paiuve Obedience and Non-Refiftance, tho' without Re- ftricVion and Limitation, while the Nation was fo Happy tQ have Her Majefty toReign over it upon whofe Life the Welfare and Happinefs of the Kingdom depended, as much (he hop'd he might be excusM if he faid more) than the Welfare of any Na- tion ever did u:x>n the Life of any Prince whatfoever fince the Foundation of the World P And therefore they were fare their Lordfhips, would not leffen Her Security •, and the rather, be- caute it was impomble, during Her Ma jelly's Life, any Inva- sion or the leaft Attempt mould be made upon that Religion, that Liberty and Property, for the Preservation of which She had run fo great a Hazard. This he faid, was what he humbly offer'd to their Lordfhips., on behalf of his Client, on that Head: And tho5 he had men- tion'd thofe Initances, to Qiew in what general Senfe the Do- ctrine of Paflive Obedience had been Preach'd, and that if the Doctor had Afferted it in fuxh General Terms, he could be no more a Criminal than others; yet it ought to be always un» derftood, that he had not Afferted it in fuch General Terms, but only Afferted the utter Illegality of Refiftanceto the Su- preme Power in all Things lawful. But before he quieted that Article, he would take Notice it had been Objected, that it was highly Improper andUnfeafo- nable for Divines in their Pulpits to meddle with Matters of that Nature; in Anfwer to which, he would (betides the In- junction laid by the Apollleson their Succeffors, to put People in Mind of being Subject to Principalities and Powers) humbly offer to their Lordfhips Coniideration, a Bold and Seditious Paragraph in a Pamphlet Printed in 1705, call'd, The Review , which had thefe Words, If the Next Parliament flwuld pmfue the Steps of the laji, the Nation, in my Opinio*, rvill befo much wearer that Crijis of Time, when Englilh Liberty being brought to the iafi Extremity, muft open the Magazine of Original Power ; and the fame Author, fpeaking of the Family of the Stuarts, call'd it the line of all the World farad for Blood, and that had Havag'd the befi Families of the Kingdom. And in another Paragraph he faid, Jn fhort, if Jure Divino comes upon the Stage, the Queen has no wore Title to the Crown than my Lord Mayor's Horfe ; and all ths People are hound by the Laws of Cod to depofe Her as an Vfurppr, av d\\e ft ore their I(ightful and Lawful %jng James the Third. If therefore defaming her Majefty's whole Line, Afiercingthat the Pretender had an Hereditary Right to the Crown ; telling the People, in Cafe they did not like the Parliament, they mull have JLecourfe to the Magazine of Original Power, were not founding < 201 ) founding a Trumpet to Rebellion, and did not make that Do" ftrine Seafonable and Neceffary to be Preach'd at that Time> they fubmitted it to their Lordfhips ; and therefore he hop'd that infteadof laying a Brand of indelible Infamy on that Doctrine, their Lordfhips, for the Prefervation of Her Majefty, and Her SuccelTors, and for the fecuring the Peace of the Kingdom, would convey it as intire, and in as full Force down to Pofterity, as it had been Tranfmitted to their Lordfhips, by their Noble Progenitors. And as to what one of the Honourable Gentlemen had con- cluded with, vi\. That their Lordfhips would direct what Doctrine the MiniOers mould Preach. If there were any Doctrine in the Bible not proper to be Preach'd ; A{ there were any Doctrine, except that of the toeixy, of greater Antiquity than that of Non-Refi trance which had Commenced from Jdim, or was mere Ufeful or Neceffary for the Prefervation of the Government, then they fubmitted that Doctrine mould be let alone. Upon the whole Matter, he faid he was in their Lordfhip Judgment, if upon Consideration of what had been faid, their Lordfhips could be of Opinion, that the Doctor was Guilty of the High Crimes and Mifdemeanors contain'd in the firft Article. Mr. Dee Succeeded in tiling up the Doctor's Defence to this Turpofe. He told their Lordfhips, That after fomuch had been faid, andfo well prefs'dby the Gemlemen, that went before him, of the Doctrine of Non-Refiftar.ce (which had been fo well Eftablifh'd by the Opinion of the Fathers of the Church, and founded on the Laws cf the Land) he fhould think bimfclf very unmannerly to fpend their Lordfhips Time, in repeat- ing the fame in worfe Wotds ; and therefore he begg'd leave only to make a few Remarks; flrft on fome Generals, and then to add a few Words, and draw an Inference or two from one Law that had not yet been taken Notice of. That they readily join'd with the Gentlemen Managers for theHouf? of Commons, in deliring their Lordfhips to alTert Fundamentals, and defir'd their Lordihips toconfider the An- cient Legal Conftitution of the Kingdom. Wherein they readily comply'd with them, and doubted not but their Lord- fhips would do it. TThat fome Notice had been taken of the Time and Place where that Sermon had been Preach'd ; and one of thofe Gentlemen faid, the Time was improper becaufe it was a Do- ctrine fit only to be preach'd in the Reign of a bad Prince, but not of ception, an Exception they fhould have, and that out of Do-i &or SachevereWs own Mouth, which was in the ioth Page, and the beginning of that very Paragraph, where the whole Foundation of that Accufation was laid. But he did not well know whether he might venture to mention it, left it fhould fubjecl: him to a Profecution in the Spiritual Court, or the Cenfure of his Dioceian ; but if it might help to acquit him from that Impeachment, he would advife him to run the Rifque of any Profecution ellewhere. The Claufe was in thefe words, But, Secondly, Men may be denominated Falfe Brethren, with reUticn to the State, Govern- ment, or Society of which they are Members, Tlx Conflitutions ofmo(i Governmennts differing according to their fever al Frames and Laws upon which they are Built and Founded, it is impoffible to lav down any one univerfal R^tle, as the Scheme and Meafure of Obedience, that may f qua re to every one of them. Which D ^ftor Henchman faid, was an obfervable Inftance of that Gentleman's good Temper and Moderation ; nothing could be faid more like a good Cbriftian, and a good Subject, and a Man of Temper : He was not there for bringing all Things to his own Rule, but every Government was to ftand upon its own Foundation, anc( by governed according to its own Rules. But ( 206 ) But he went on ; Only' this Maxim in general, Iprefume, may be Eftablffid, for the Safety, Tranquility, and Support of aU Govern- ments, That no Innovation whatfoever (hould be allotfd in the Fun» damental Conftitution of any State, without a very prejfing, nay, unavoidable Neceffny for it. That, In thefe Words there was a plain Exception made, whenever the Cafe of an unavoidable Neceflity fhould happen ; and no Body would deny but that the Revolution had been fuch an unavoidable Cafe, and of Neceflity, and what could not be reflected on, but with great Satisfaction, and Thanks to God for bringing it about. But itfeem'd very ftrange that the faid Exception fhould ftand fo very full and plain in the very Front of that Paragraph from which the Learned Managers had chiefly drawn that Accufation, and yet never be fo much as once taken notice of by them. That PaiTages at a much greater Diftance had been Connected in order to Accufe him, and there could be no Reafon given why the fubfequent Paflage in the fame Para- graph mould not be explain'd by that ; why what in the begin* ning had been faid of all Governments in general, mould not be extended to that Part where he fpoke particularly of our own Conftitution ; Which there was no Doubt Doctor SachevereU had in his Thoughts, and would he hop'd fufriciently Vindicate him from that Charge. He would not therefore trouble .their Lordfhips any longer on that Head, but only obferve, that the Doctor in his Anfwer had put himfelf upon his Defence, that the faid Doctrine was agreeable to the Doctrine of the Church of England and the Laws of the Land, and they were ready to produce his Vouchers, and make ic evident to their Lordfhips. Then Sir Simon Harcourt faid. If they had not already tir'd their Lordmips, there was this wide Difference between the Managers for the Houfeof Commons and them ; that the for- mer defir'd their Lordfhips to truft them, and to take their Words in every thing; whereas the Defendants humbly beg'd their Lordlhips to take their Words in nothing, but that they would give them leave to lay before them the Teftimonies for every thing they had open'd ; but thofe being very long, they humbly fubmitted it to their Lordfhips, whether it would be proper then to produce them. The firft Evidence they defir'd to read, being fome godly and wholefome Doctrine contain'd in the Homilies; which for their Lordfhips Eafe, they had collected by a Perfon that was ready to fwear to them. They humbly fubmitted it to their Lordfhips, whether it mould be read out of the Writing, or whether the Books themfelves fhould be produc'd ; for they would obferve, their Lordfhips Commands, and proceed which way their Lordfhips pleas'd. Mr. Dodd added ? That they were ready to obierve their Lord- ( 207 ) : Lordfhips Directions in that Majtter ; having collected the Paf- fages out of the Homilies, the Articles, the Sermons, and Acts of Parliament ; and had a Perfon ready to make Oath that they were truly Collected : But if there mould be any Objection, they were ready to refer to the Books themfelves, and had them all there ready to produce. Mr. Pbipps faid, If their Lordfhips pleas'd, the Witnefs might be fworn. Aid accordingly Mr, Trappw*; Sworn* The Lord Chancellor told the Council, That if they offer'd any thing in Evidence, they muft take the fame "Method that the Gentlemen of the Houfe of Commons had done, which was to 'prove, and then deliver it in at the Table to be there read. ThenSir $ofeph JetyUdefnd theLords toobferve,That they had given the Council for the Prifoner no Difturbance during ueir Defence, that fo they might come to a fpeedy Determination in his Tryal, others ife they had Reafon to Object to fome things that had been faid by the Council. That they thought proper to deliberate upon what the faid Council was then going to do, and according to former Precedents, they defir'd to withdraw, and would attend their Lordihips again prefently. Mr. Smith made the fame Propofal for the Managers to with- draw for a while, there being fomething proposM, which they thought fit to coniider of, and had fomething to offer to their Lordihips. The Managers being withdrawn, the Lords adjourn9 d to their own fioufe, and their Lordjbips returning to their Seats , and the Ma- nagers to the Place appointed for them ; Proclamation for Silence was made by the Serjeant at Arms. And Sir $ofepb Jekyll aquainted their Lordihips, That the Managers had withdrawn for two Reaions, the one, to con- fider of feveral Expreflions that fell from the Council at the Bar, which they had Reafon to take Exceptions to *, the other to coniider of the Evidence they offer'd to their Lordfhips. Fox the firft, the Managers were fo defirous that no Inter- ruption mould be given to the Doctor's Council in his De- fence, that they there took no Notice of -it, but referv'dthat Matter to be taken Notice of at fuch other time as they mould think proper. As to the Second, the Managers being unwill- ing the Doctor fhould be depriv'd of any thing his Council .could fancy might be Material for his Defence, they were contented to let them go on in the Way they propos'd; but to fave their Lordihips time, they admitted the Books, Ser- mons and Pamphlets to be as they had open'd tbem. But ( 20S ) But Sir Simvn Harcourt, Pray'd they might be read, becaufe they had not open'd the tenth part of them. Mr. Void faid they had Collected them, to fave their Lord- fhips Time, but had not open'd them, becaufe they refetv'd them to be read. Wir.Pbipps addad that the Witnefs was Sworn. And ask'd him whether that was a true Copy of what it referr'd to ? To which Mr. Trapp anfwer'd, That he had compar'd them with the Originals, and that was a Tranfcript from the O riginal: Then Mr. Fhtpps ask'd whether they were entire Para- graphs ? To which Mr. Trapp reply'd, they were moft of them en- tire Paffages. The Lord Chancellor ask'd the Gentlemen of the Houfe of Commons, whether they did Object to the Evidence ? And Sir $ofepb Jelyll anfwer'd, they did not. Then the Lords Adjourn' 'd to their own Houfe. Saturday, March 4. The Sixth Day. THE Lords being feated as ufual, and the Commons pre- fent, and the Managers ac their Lordfhips Bar; the ufual Proclamations were made; And Do#or Sacheverell appearing at the Bar; The Lord Chancellor faid to the Gentlemen who we're Council for Do£tor Sacheverett> that having ofFer'd fome Papers which they defir'd to be read in Evidence ; the Gentlemen of the Houfe of Commons had agreed to let them be read, as they defired. Mr. Dodd Pray'd thofe Papers might be read. And Mr. rhipps told the Lords, That the Defendant in his Anfwer did affert, " That the Doftrine of the Illegality of Subjects be bounde not to withdrawe their faid Fealtie, Trouth, Love and Obedience towards their Prince, for any Caufe whatfoever it be, ne for any Caufe they maye confpire againft his Perfon, ne do any thing towards the Hindrance or Hurt thereof, nor of his Eft ate. QFol. 11 J. In the Exposition of the fjxte Commandment. Moreover, no Subjects may draw their Swords againft their Prince, for any Caufe, whatsoever it be. QFol. 187. 9. Then Mr. Dodd defir'd they might read feveral PalTages in the Homilies. 7be Clerk %ead. ] The 2d. Part of the Sermon cj Obedience, p. 1 10, Whereby Chrift taught us plainly, that even the wicked Rulers have their Power and Authority from God, and there- fore it is not lawful for their Subjects to withftand them, al- though they abufe their Power. But neverthelefs, in that Cafe we may not in any wife withftand violently or rebel againft Rulers, or make anyln- furreclion, Sedition or Tumults, either by Force of Arms (or otherwife) againft the Anointed of the Lord, or any of his Officers *, but we muft in fnch Cafe patiently fufFer all Wrongs and Injuries, referring the Judgment of our Caufe only to God. Ibid. p. 113. The Third Part of the Sermon of Obedience y Pag. 114. AL1 Subjects are bounden to obey their Magiftrates, and for no Caufe to reiift, or withftand, or rebel, or make any Se- dition againft them, yea altho' they be wicked Men. Firfl Part of the Sermon againft wilful Rebellion, Pag. ^89. What mall Subjects do then? Shall they obey valiant, ftout,' Wife and good Princes, and contemn, difobey, and rebel againft Children being their Princes, or againft undifcreet and evii Governours ? God forbid.' For, Firft, what a Perilous thing were it to commit unto the Subjects the Judgment whiclj Prince is wife and godly, and his Government good; and which is o- fhervvife; as though the Foot muft Judge of the Head: An Entcrprize very heinous, and mult needs breed Rebellion. ( 2IO ) And whereas indeed a Rebel is worfe than the worft Prince, and Rebellion worfe than the worft Government of the worft Prince that hetherto hath been. [Ibid, p. 5 90. Second Part of the Sermon againft wilful $ebelIion> Pag. 600. Now let David anfwer to fuch Demands, as Men dtfirous of Rebellion do life to make, Shall not we, rife and rebel againft a Prince, hated of God, No, faith Good and Godly David. But fay they, fhail we not rife and rebel againft fo unkind a Prince, nothing confidering or regarding our true, faithful and painful Service, or the Safeguard of our Pofterity ? No, faith good David. [Ikid. p. 601. Shall we not rife and rebel againft our known, Mortal, and deadly Enemy, that feeketh our Lives ? No, faith godly Da- vid. [Ibid, Shall we not aflemble an Army, and by hazarding of our Lives, remove fo naughty a Prince ? No, faith eodly Da~ vld. [Ibid.] What mall we then do to an evil, to an unkind Prince, an Enemv to us, hated of Good, hurtful to the Common- wealth, gfa Lay no violent Hand upon him (faith good David) but let him livev until God appoint and work his End, either by natural Death or in War, by lawful Enemies, not by trai- torous Subjetls. [Ibid.] Mr.Dodd ask'd leave to read the thirty fifth Article of the Church of England, which approv'd thofe Homilies, and Mr. Pbipps defir'd the fame. The Clerk Read. ] Article the thirty fifth. Of Homilies, The fecond Book of Homilies, doth contain a godly and wholefome Doclrine, and neceffary forthele Times; as doth the former Book of Homilies, which were Cet forth in the Time of Edward the Sixth. And therefore we judge them to be read in Churches by the Minifters, diligently and diftin£t- ly, that they may be underfunded of the People, CSV. Mr. Pbipps faid, thofe Articles had been confirm'd, by the Statute of the 13 Blih and he believ'd the Gentlmen of the Houfe of Commons would allow of ir. Mr. Dodd added, they had been Confirm'd by the Ac* of Uniformity. Sir Jo, Jdytf anfwer 'd, they had told them they were will- * ing to admit all they open'd, and therefore they admitted That. Whereupon Mr, Dodd ofFer'd to go on with the Abftracl, And Mr. Pbipps told the Lords, the Gentlmen faid they admitted them to read what they had open'd ; but they had not open'd what they were going ro read next, and there- fore fubmitted it to their Lordfhips whether they fhould read out of the Abftrabft, or produce the Book it felf. Sr (211 ) Sir 5P0. $ekyB defir'd to know what it was they would reado Which Mr. Phipps faid,wa3 Biihop Overall'* Convocation Book* Mr. Dee OiFer'd to produce the Book, becaufe there were fome broken PafTages colkfted, and there might be fome Ob- jection if the Book were not produced. The Clerk r->id. ] And therefore. • Sir Jo. Jekyll incerrupced him faying, they were reading a PatLge out of that Book ; to which the Commons might objeft, that a Printed Book was no Proof of a Canon, and that they ought to make a legal Proof of it. But that what thy Objected, was that they began in the middle of a Sentence, wich the Words, And therefore ; he pray'd the beginning, of a Sentence might be read. To which Mr. Phipps made anfwer, that Where the Clerk began was the beginning of that Carion, but being at the End of another Canon, was the Reafon that it began And therefore, ^ The Clerk read.'] And therefore, if any Man fliall affirm, under Colour of any thing that is in the Scriptures, .hat our Saviour Chriji did any way, or at any time encourage the Jews, or any other, direclly or indirettly, to J^ebel, for any Caufe what- foever, againft the Roman Emperor, or any of his Subordinate Magiltrates; or, that he did not utterly and truly Condemn all Devices, Conferences, and Refolutions whatfoever, cither in his own Apoftles, or in any other Perfons, for the ufing of Force again/} Civil Authority ; or that all Subjects of what Sort foever, without Exception, ought ret, by the Law of God, to Perifh with the Sword, that take, and ufethe Sword, for any Caufe, againft Kings and Sovereign Princes', under whom they were Born, or under whbfe Jurifdi&ion they do inhabit; or, that by any Doctrine or Example, which Chrift ever taught, or hath left upon good Record, it can be proved Lawful to any Subjects, for any Caufe of- what Nature foever, to decline either the Authority jnd Jurifdiclion of their Sovereign Princes or of any their Lawful Deputies and Inferior MagiftrateS ruling under them ; He doth greatly Err. [_ Bijhop Overall, p. 1 ©7. Can. 1. Mr. Phipps told the Lords, They had open'd, that from the Time of the Reformation that had been the Doctrine of tee Church; and therefore defir'd to begin, and (hew it had been Archbifhop Cranmer's Opinion: In Strype's Memorial ofArct- Bilhop Cranmer. The Clerk read.] The fecond Exhortation is, That next unto God you obey your Ki: g and Queen willingly and gladly, with- out Murmur or Grudging, and sot for Fear of them only^ but much more for the Fear of God. Knowing that they be tod's Minifters, appointed by God to Rule and Govern you; 0 2 and ( 212 ) and therefore whofo refifteth them, refiHeth God's Ordi- nance. [Lond. Edit. p, 587. Folio, Mr. Pbipps faid, They next offer'd a Declaration of Bifhop Ferrar, Bifhop Hooper, Bifhop Coverdak, and about nine other Bifhops, which was in /ox's Hiftory. The Clerk read,~\ Humbly requiring, and in the Bowels of our Saviour Jefus Chrift, befeeching all that fear God to behave themfelves as obedient Subjects to the Queen's Highnefs, and the Superior Powers, which are Ordaised of God, under ber, ra- ther, after our Example, to give their Heads to the Block, than in any point to Rebel, or once to Mutter againft the Lord's Anointed. This was Sign' d as mentioned by Mr, Phipps [Vol. 5. p. 101. The nextMr.P%* offer'd, was the Opinion of Bifhop Jewell, in his Defence of the Apology for the Church of England, in an AnfwertoMr. Harding. the Clerk read.~] We teach the People as St. Paul doth, to be Subject to the higher Powers, not only for Fear, but alio for Confcience; We teach them that whofo ftriketh with the Swerde by private Authority, fhall perifh with tbeSwerde : If the Prince happen to be Wicked, or Cruel, or Burthenous, We teach them to fay with St. Ambroje, Jrma noftra funt Preces & Lurymx, Tears and Prayers be our Weapons, ^Printed Ann. 1 5 d8. fol. 19. The next was Mr. Hooker in his Ecclefiaftical Polity. The Clerk r?ad.^\ That Subjection which we owe to lawful Powers, doth not only import, that we (hould be under them by Order of our State, but that we (hew all Submiflion towards them, both by Honour and Obedience ; He that refifteth them refifteth God; And refitted they be, if either the' Authority it felf, which they exercife, be denied, or if Refiftance be made, but only fo far forth, as doth touch their Perfons, which are in- vented with Power; or if that which they do by virtue of their Power, namely., their Laws, Editls, Services, or other Acls of Jurifdiclion, be not fuffer'd to take Effect, or if they do take Effect, yet is not the Will of God thereby fatisfied neither, as long as that which we do is contemptuoufly or repiningly done, becaufe we can do no otherwife. The Apoftles Precept there- fore is, Be fubjeti even for God's Sake, bs fubjeft not for Fear, but of meer Con faience, knowing, that he which refifteth them, pur- chafeth to himf elf Condemnation. fFol. 470. Lond. Edit. 1705. M. Gen. Stanhope ddir'd, That lince Hooktr\ Ecclefiaftical Po- lity was before their Lordfhips, and they had r~ad that Parr, the other from pag. 444, to the latter end of pag.4.^6. might. Ukewife be read, Mr. Dodd lubmitted it to their Lordfhips, whether it were proper to break into their Defence ? Or whether the Gentlemen q{ the Houfe of Commons would read what they thought pro- per (2.J) per when they came to Reply. The Courfe in other Courts being to give their Evidence intire. Su J. Jekyll thought the Indulgence of the Managers, in letting the Doctor's Council go into that Evidence very great, and that they might be at Liberty to crofs-examine that Wit- nefs •, fo he call'd the Book ; becuu'e, perhaps the Hlace they de- fir'd to have read might explain the PalTages read by them. Mr. Pbipps fubmitted to it. M. Gen. Stanhope ask'd the Edition of that Book ? The Clerk anfwer'd, it was Printed in 1705. And M. Gen. Stanhope added, That if they fhould be miftaken in the Edition, he hop'd they fhould not be hindred in their Re- ply from reading thofe PalTages in the Edition he had confulted. the Clerk read.] Again, on whom the fame is beftow'd at Mens Difcretions, they like wife do hold it by Divine Right. — Pay- ment of Tribute unto Cxfir, is the plain Law or Jefus Chrift unto Kings by Human Right ; Honour by very Divine Right is due. — That the Chriftian World fhould be ordered by the Kingly Regiment, the Law of God doth not any where Com- mand, and yet the Law of God doth give them, which once are exalted unto that place of Eftate, Right to exacl at the Hands of their Subjects general Obedience in whatfoever Af- fairs their Power mayferve to Command, and God doth ratifie Works of that Sovereign Authority, which Kings have receiv'd by Men :— Unlefs we will-openly proclaim Defiance unto all Law, Equity and Rtafon, we muft (there is no Remedy) acknow- ledge, that in Kingdoms, Hereditary Birth giveth Right unto Sovereign Dominion, and the Death of the Pred xeffor puts the Succeffor by Elood in Seifin. Publick Solemnities do but ferve for an open Teftification of the Inheritor's Right, or belonging unto the form of inducing him into Poffeflion of that Thing he hath Right unto : \jEol. 444. Mart Mr. Dodd produced Bifhop Andrews** Sermons. the Clerk read.~] To deprive or depofe them ? Sure where the worft is reckon'd that can be of them, Clamabunt ad Dominium is all I find, iSam.%. 18. By him, and by none but by him, they be ; by him, and by none but by him, they ceafe to be. \JLond, Edition, Foh 1632. p. 939. Mr. Phipps defu'd to read another Paflage out of Mr. Booker, in a Treatife of Church Government. Clerk reads.~] A Treatife of Church Government : To which is added a Treatife of the Regal Power, and of the Novelty of the Doctrine of Refinance, PublihYd by Dr. Bernard in his Clavi trabales. the Lord Chancellor interposed, faying, That was a Collection of the -Works of feveral Perfons; fo that it did not apprar whofe Works thofe were that they were reading. O 3 To ( 214 ) To which Mr. Phipps made Anfwer, That what they offer'd to be read was Mr. Hookers, and had been left out of the Book which was printed before. The Clerk read.~\ There is a Supreme Head of Juftice whereunto All are Subject, but It felf in Subjection to None; which kind of Preeminence if fbme ought to have in a Kingdom, who but the King fhall have it ? Kings therefore no Man can have Law- ful Power and Authority to judge; if private Men offend, there is the Magiftrate over them which judgeth; if Magi- itrates, They have Their Prince ; if Princes there is Heaven, a Tribunal before which they (hall appear, On Earth They are not Accountable to any. [Lond. Edit. 1601. 410. pag. 4.9, "50. Mr. Phipps then offer'd Doctor Jackfon's Opinion in that Mat- ter.' The Clerk reatf) He that is a King or Supreme Magiftrate, by juft and lawful Title, may not be thus reiifted, albeit he exer- cife his Power Tyrannically. \Tom. 3. p. $6$. The next was Archbifhop Vfoer in a Treatife call'd, The Power communicated by God to the Prince, and the Obedknce reauird of the SubjeBy &c. The Clerk read.~] God's Word is clear in the Point, Whofoever refifteth the Power, refifleth the Ordinance of God, and they that refifl jhall receive to themfelves Damnation ; and thereby a Ne- ceffity is impofed upon us, of being fubjeft even for Confci- ence-fake, which may not be avoided by the Pretext of any enfuing Mifcbief whatfoever. Mr. Phipps faid, They offer'd next the Authority of Mr. ChiU Vmgworth, whole Character was fo eitablifh'd by the Lord Cla- rendon that they needed to fay no more of it. The Clerk read*'} They that make no Scruple at ail of fighting with his Sacred Majefly, whom by all poffiblc Obligations they are bound to dirfrnd, do they know, the General Rule without Exception or Limitation, left by the Holy Ghojt for our Direction in aU fuch Cafes ? Who can lift up his Hand againfi the Lord's Anointed, and be Innocent? 1 Sam., 26. 9. Or do they confider his Command in the Proverbs of Solomon, My Sen fear God and the Kjng, and meddle not with them thit defire Change ? Pro. 24 21. Or hisCounfel in the Book of Eccleftattes, JCounfelthee to keep the Kings Commandment, and that in Regard of the Oath of God ? Ecclef. 8. 2. — Do they know and remember the Precept given to allChnftians by St. Peter, Submit your fdves to every Ordi' vance of Man for the Lord's fake, whether it be to the iQng as Su- preme, or untoGovemourS;, as unto them that are fentby him ? Or that terrible Sanation of the fame Command, They that refiji Jlull receive to themfelves Damnation, left us by St. Paul in Ms £piflle to tne. Romans, who then were the miferable Subjects of theworft King, the worfi Man, nay, I think, I may add truly the worft Beaft in the World ? That lb all Rebels Mouths might (215) might be ftopt for ever, and left -without all Ctl.ur or Pretence whatfoever to juftifiethe Refiftance of Sovereign Power-. ["#>/. 330. Lovd. 1714. Folio. The nextoffei'd, was Archb\ftiQ]) BramhalJ, The Clerk read] The fame Oath binds us to defend him againft allConipiracesand Attempts whatfoever, which fhallbemade againft his Perfonor Crown, to defend him, much more there- fore not to offend him, againftall Confpiraciesand Attempts whatfoever ; that Oath which binds us to defend him againft all Attempts whatfoever, prefuppofeth that no Attempt againft him can be juftified by Law, whether thefe Attempts be againft his Perfonor his Crown. [Pag. 551. Dublin, 1698. Folio. If a Sovereign (hall perfecute his Subje&s for not doing his unjuft Commands, yet it is not lawful to refill by railing Arms againft him, Jhey that refift Jhallreceive to themfelves Damnation : ybid.fol 541. Mr. Dodd. faid, The next was Bifhop Sanderfon. The Clerk read?] No Conjuncture of Circurnftances whatfoever, can make that Expedient to be done at any Time, that is of it fell and in the kind unlawful. For a Man to take up Arms (Of- fenfive or Defenfive) againft a lawful Sovereign, being a thing fimply, and de tew genere unlawful, may not be done by any Man, at any Time, in any Cafe, upon any Colour or Pretenfion whatfoever ; Not for the avoiding of Scandal, not at the In- stance of any Friend, or Command of any Power upon Earth; nor tor the Maintenance of the Lives or Liberties either of our felves or others ; nor for the Defence of Religion ; not for the Prefervation of a Church or State; no nor yet, if that could be imagin'd pomble, for the Salvation of a Soul; no, not for the Redemption of the whole World. Qfc/. $22. Mr. Phippshers told the Lords, that Doftor Sacheverell ha- ving being educated in the Univerfity of Oxford, they offerM the Decrees of that Univerfity touching that Matter, publifrfd in the Gazette the 26th of July, 1683, by Authority. The Clerk read.'] Numb. 1845. The London Gazette. Publifhed by Authority. From Monday July 23. to Thurfdy July 16. 1683. The Judgment and Decree of the Univerfity of Oxford, paft in their Convocation, ^a/? 21. 1683. againft certain pernicious Books, and damnable Doftrines, deftrucfive to the facred Per- ibns of Princes, theirState and Government, andof all Human Society. The Damnable Doftrines are, ift. That all Civil Autho- rity is deriv'd Originally from the People. 2dly. That there is a mutual Compscl, Tacit or Exprefs, between a Prince and his Subjects; and if he perform not his Duty, they are dilcharg'd frori theirs. 3$y ( 216) 3dly. That if Lawful Governors become Tyrants, they forfeit the Right they had to their Government. 4thly. Thac the Sovereignty of England is in the three E- ilates vi\. King, Lords and Commons. 5th!y. That Birth-right and Proximity of Blood give no Ti- tle to Rule or Government; and it is lawful to preclude the next Heir. dthly. That it is Lawful for Subjects, without the Confent of the Supreme Magiftrate, to enter into Leagues, Covenants, and Affociations, for Defence of themfelves and their Re- ligion. 7thly. Self-Prefervation is the Fundamental Law of Nature, and Superfedes the Obligation of all others, Sthly. That The Do&rine of the Gofpel concerning patient Suffering of Injuries, is not inconfiftent with violent refilling of the higher Powers in cafe of Perfecution for Religion. Qfhly. That there lyes no Obligation upon Chriftians to paffive Obedience, when the Prince commands any thing againft the Laws of our Country ; lothly Thac Poffeffion and Strength give a Right to Go- vern ; and Succefs in a Caufe or Enterprize proclaims it to be Lawful and Juft. ii. That, In the State of Nature there is no difference be- tween Good and Evil, Right and Wrong : The State of Nature is a State of War, in which every Man hath a, Right to all things. 12. That the Foundation of Civil Authority is this na- tural Right, and a Domeftick Rebel by his Rebellion acquires the fame Right over the Life of his Prince as the Prince for the moft heinous Crimes has over the Life of his own Subjects. i$. That Every Man after his entering into a Society, retains a Right of defending himfelf againft Force, 14. That an Oath fuperadds no Obligation to PacT, and a Pact obliges no farther than it is credited; and confequent- ly, if a Prince gives any Indication that he does not believe the Promifes of Fealty and Allegiance made by any of his Subjects, they are thereby freed from their Subjection, and notwithstanding their Pacts and Oaths, may lawfully Rebel againft and deftroy their Sovereign. i. late Led Bifiopof St. A fa ph. I cannot but look upon a lawful Kirg as truly a Reprefenta- tive of the moft high God, as a Parliament is of the People : And am therefore perfwaded that wholbever rebels againft him, # rebels againft God himfelf; not only in that he reoels againft the Ordinance of God, and fo againft the God of that Ordi- nance, but becaufe he rebels againft him, whom God hath fet upas his Vicegerent, to reprefent his Perfon, and execute his Laws, infuch a part of his Dominions. For, thus faith the Lord of Hofts, %om. ,ij. i. Let every Soul be fub\etl to the Higher Powers. Why? Becaufe there is no Tmxer but of God ; the Powers that be, are ordained of God. And he has denounced as great a Judgment againft fuch as Rebel againft the Maa.ftratehe hath ordained, as againft thofe that rebel againft him frit : For, Wbofttver refiftetb the Power , refiffeth the Ordinance of God, and they that rcfift (ball receive to themj 'elves Damnation , ver. 2. So chat the Wrath of God ("hall as certainly fall upon thofe that rife up againft the King, as upon thofe that fight againft God. He that fights againft his King, fights againft God himfelf, who hath invefted him with that Power and Authority. Upon this Ground it is, that I believe the Wickednefs of a Prince cannot be a fufficient Plea for the Difobedience of his Subjects ; for it is not the Holinefs, but the Authority of God that he reprefents, which the moft Wicked, as well as [he moft Holy, Perfon may be endow'd with : — Suppofe a Prince be ne- ver fo wicked, and never fo negligent in his Duty of Protecting me, it dorh not follow, that I muft negleft mine of Obeying him. In fuch a cafe, I have another Duty added to this, and that is, to pray for him, and to intercede with God lor his Con- version : The next Book Mr. Dodd offer'd was the Archbifhopof Can- terbur/s Treatife, Intituled, The Creed of Mr, Hobbs Examind. The Clerk read.^ There is n® Tye fo ftrong as that of Reli- gion, which eternally bindeth a Confcientious Subjecl in Alle- giance to his Sovereign. [Pag. i58.Lond. 1670. Wo to all the Princes upon Earth, if this Doctrine of Re- ft fta nee be true, and becometh popular; If the Multitude be- lieve this, the Prince not arm'd with the Scales of the Leviathan, that is, with irrefiftibje Power, can never be fafe , If the Beaft we fpoke of come but to know its own Strength, it will never be manig'd. Wherefore fuch as own thefe pernicious Doctrines, deftru&ive to all Societies of Men, may be faidtohave Wolves Heads, ( ( 220 ) Heads, and are like thofe Ravenous Beafts, fo far from defer- ving our Love and Care, that they ought to be deftroy'd at the common Charge, [Ibid.p. t6o, 161. Mr. Phipps produe'd a further Account of the Opinion of the fame Arch-bifho.p of Canterbury, in a Printed Paper, Intituled, An Account of what pajfed at the Execution of the late Duke of Mon- mouth, on Wednesday the i$th of fulyy 1685. on Tower- Hill. Wherein the Clerk re-ad, That the fa id Arch-bifhop having attended the Duke of Monmouth at his Execution, earneftly prefs'd him to make a particular Confeflion of his Crime and acknowledge himfelf guilty of Rebellion againft his lawful Prince, adding he muft acknowledge the Doctrine of Non-Re- fiftance to be true, and the Arch-bifhop and others with him declar'd, That publick Satisfaction to be a neceffary part of his Repentance, and that they could not pray for him with that Chearfulnefs they fhould, without that particular Acknowledg- ment and Deteftation of his Rebellion. Mr. Phipps denYd they might read the Sermon of his Grace the prefent Archbiihop of rork, preach'd before their Lord- fliips on the 30th of January, 1700. The Clerk read."] And in cafe it ever happen that we cannot with a fafe Confcience Obey, there we are patiently to fufFer the Penalties of our Difobedience; but by no means either to affront their Perfons, or todifturb their Government, by raifing or partaking in any Tumult, or Infurrection, or Rebellion, p. 13. That there is fuch a Submiflioh due from all Subjects to the Supreme Authority of the Place where they live, as fhall tye up their Handi from Oppofing, or refitting it by Force, is evi- dent from the very Nature and Ends of Political Society. And I dare fay, there is not that Country upon Earth, let the Form of their Government be what it will fabfolute Monarchy, le- gal Monarchy, Ariftocracy orCommon-wealth) where this is not a part of the Conftitution. Subjects muft obey Pa/Hvely, where they cannot Obey Actively: — Nor is this only a State Doctrine, but the Doctrine alfo of Jefus Chrift, and that a neceffary, in- difpenfable one too , as fufficiently appears from thofe famous Words of St. PaulyRom. 13. 1,2. which are fo plain, that they need no Comment, — So that fo long as this Text ftands in our Bibles, the Doctrine of Non-Reiiftance, or Paflive Obedience, muft be of Obligation to all Chriftians. [Ikid p. 19, 20. Mr. Dodi Pray'd the Clerk to fee whether the Thanks of the Houfe had been given to the Archbifliop for his Ser- mon ; and he read the Order of the Lords for the Thanks of the Houfe to be given to his Grace. Mr. Walpole then inte'rpos'd, faying, He prefurn'd the Coun- cil had offerM all they thought proper to offer out of that Ser- mon : But to (how a Specimen of the Candor of the Doctor's Quotations, (221 ) Quotations, he pray'dthe Clerk might read the two next Para- graphs of that Sermon, as diftinaiy as he had read the others. The Clerk read^ But then, after I havefaki this, care muft be taken, that this general Doarinebe not mifapplysd in particu- lar Countries. Tho'Non-Refiftance or Paffive Obedience, be a Dutv to all Subjects, and under all Governments, yet it is not exprefs'd the fame way in all Places, but both the Objefts and the Inftances of it do vary in different Nations, according to the different Models of their Government. £Fol. 20. , To fpeak this as plainly as I can : As the Laws of the Land are the Meafures of our Aftive Obedience, fo are alfo the fame Laws the Meafures of our Submiflion ; and as we are not bound to Obey, but where the Laws and Constitution requireour Obedience, fo neither are we bound to fubmit,but as the Laws and Confutation do require our Submiflion. Mr. fValpole farther delir'd one Paragraph more might be read ; which began with thefe Words, Ij indeed a Preatber. The Clerk read.~] If indeed a Preacher fhould in the Pulpit prefume to give his Judgment about the Management of pub- lick Affairs, or to lay down Doftrines as from Chrift about the Forms and Models of Kingdoms or Commonwealths, or to adjuft the Limits of the Prerogative of the Prince, or of the Liberties of the Subject in our prefent Government ; I fay, if a Divine mould meddle with fuch matters as thefe in his Ser- mons, I do not know how he can be excus'd from the juft Cenfure of meddling with things that nothing concern him: This is indeed a prattifag in State-matters, and is Ufurping an Office that belongs to another ProfeJJion, and to Men of ano- ther Character \ And I Chould accouuc it every whit as unde- cent in a Clergvmau to take upon him to deal in thefe Points, as it would be for him to determine Titles of Land in the Pulpit, which are in difpute in iVeftminfter-fiall. Mr. Ptjipps anfwer'd,That as to the firft Paragraphs they entirely concun'd in what was laid down in them *, and if they fhould (hew that the Dottrine of Non-Refi fiance was agree- able to the Laws of the Land, then it was agreeable to what was there laid down: As to the oriier Part, if the Do£tor had taken upon him to treat of the Model of Government, he would be under the Cenfure of the Archbifhop ; but they de- lir'd to read a little before the beginnnig of that Paragraph. The Clerk Read. ] Titus 3. r. Put them in mind to befubjetl to Principalities and Powers, to obey Magiftrates—> the bufinefs that the Preacher huh to do, is to prefs Obedience and Subjetlioft to the Government we live under , and to preach againft Faclion, and Rebellion ; And accordingly, it is prefcribed in the Subrick of this Daft Service, that if there be a Sermon at all, and not a _ ( 222 ) a Homily, it (hall be upon this Argument. • there are forae among us think it a very improper Tkeme for the Vulpiu St Paul here lays his' Charge upon Titus, that he fhould put the People that were under his Carez» mind9tobefub}ett to Principalhes and Powers, And to obey Magiflrates It is not Foreign to a Clergyman's Office to Preach Obedience and Subjetlion to the Government; but on the contrary a Part of his Function, a neceffary Duty incumbent upon him to do it. We are all bound, as we have Occafion, to Preach up Loyal- ty, and Obedience to our Governours ; for this is no State Affair, but an ^(fa/V of the Go/pel Weconnot InftructMen in Chrift's Religion, without instructing them in this. If indeed, it was an indifferent thing to a Man's Chriftiani- ty, or to his Salvation, whether he was a good or a tad Subject, then it wonld be as indifferent to a Preacher, whether he in- ffrifted on thefe things to the. People ; but it is not fo. One great Vice and damnable Sin that the Religion of our Lord hascaution'd againft, is the Sin of Fattioufnefs and Rebel- lion •, and therefore if it be our Duty to declare againft the Sins and Vices that are contrary to Chriftianity, it is our Du- ty to declare and caution againft this alfo. Mr. PHp/w then faid, he did not defire to read any more; as beliving they had juftify'd their Quotations, and fhew'd it to be the Opinion of that Great and Learned Archbifhop, that the Doctrine of Paflive Obedience and Non-Refiftance was the Doctrine of the Church ; and that it was a Duty incum- bent on the Clergy to Preach it to the People. Mr; Dodd next offer'd the Opinion of the then Bifhop of Wgrcefter, in a Sermon preach'd before the late Queen the 29th. of May, 1692, when he was Bifhop of St. Afapb* The Clerk read. ~\ Our Obedience was made ufe of as a per: feet Snare to us *, we muft not rerift, that our Religion would not allow. — It was God that Infatuated our Oppref- fors, to join the Injuries of a People that cou'd not lawfully Refift, with thofe of a Prince that cou'd not lawfully pafs them by without Refiftance. Mr. Pbipps produc'd a Sermon preach'd by the Bifhop otl(oche- /fo- before the Artillery Company, upon the 29th of M^, 1692. Q The Clerk read.~} If St. Peter was, then certainly all other Chriftian Subjects are forbidden to un (heath the Sword againft their Lawful Sovereign, or his Miniftcrs, as they are com- miffion'd by him, tho' they do it on a Pretext fo Spiritual, as the Caul'e of Chrift himfelf.,*— Can there be any Colour fo fpecious,any Caufe fo juft, in which, inftead of Damnation, a Chriftian Subject mav juftly expect to receive to himfelf Sal- vation, on the Account of Refitting? [lb. 25, 26. Mr. Phipps then offer'd the Authority of the Lord Bifhopi of Sarum ; where he fhow'd, that to be ilof only the Doctrine of ( 22J ) of the Church of England, but of the Church of Scotland, and of all Chriftian Churches. The Clerk Read. ] A Vindication of the Authority, Conftitution , And. Laws of the Church and Stats of Scotland, Cfr. By Gilbert Burnet. Tbefe Words of St, Paul being as at fir'ft addrefs'd to the Fomans, fo alfo defign'd by the Holy Ghoft to be a part of the Rule of all Christians, do prove, that whoever hath the Supreme Power, is to be fubmitted to, and never refilled. [Printed itGlafcow, 1673. i)aS* 4f> 42* He that is the King, is only accountable to God, whofe Mi- nifter he is. And this mud hold good, except you give us good ground to believe, that God hath given Authority to the Sub- jects to call him to account for his Truft \ but if that be not made appear, then he muftbeleftto God, who did impower him, and therefore can only Coerce him. As one having his Tower from a King, is countable to none for the Adminiitra- tion of it, but to the King, or to thofe on whom the King fhall devolve it : So except it be proved, *that God hath war- ranted Subjects te call their Sovereigns to account, they be- ing his Minifters, muft only be anfwerable to him. Mr. Phipps produc'd another Sermon preach'd by the Bi-. (hop of Salisbury, in titled, Sabjtftion for Confiience Sake ajfer~ ted, in a Sermon preach'd at Guildhall, 1689. The Ckrk %ead. ] Bleffed be God, our Church hates and con- demns this Do&rinefrom what Handfoever it comes, and hath eftablilh'd the Rights, and Authority of Princes, on Pure and unalterable Foundations, enjoining an entire Obedience to all the lawful Commands of Authority, and an abfolute Submif- fion to that Supreme Power God hath put in our Sovereign's Hands. This Doctrine we juftly glory in ; and if any that had their Baptifm, and Education in our Church, baveturn'd Renegades from this, they prov'd no left Enemies to the Church her felf, than to the Civil Authority ; Q Printed at Lon- don, pag. 30. Mr. Phipps here obferv'd, That the abfolute Submiflion to the Supreme Dower were the Words in the Doctor's Sermon. Sir Peter jQng pray'd, That before their Lordfhips went on to any other, the 17th Page of the Book before read, inti* tied, The Vindication of the Authority, Conftitution and Laws of the Church and State oj Scotland, might be read. Ihe Clerk readr\ The Cafe varies very much when the Abufe is fuch that ic tends to a total Subversion, which may be call'd juftly* Phrenfie, fince no Man is capable of it 'till he be under fome Lefion of his Mind ; in which Cafe, the Power is to be adminiftred by others, for the Prince and his Peoples Safety : But this will never prove that a Magiftrate governing by Law, tho' there be great Errors in his Government^ ought to be co- erced : ( 224 ) erced : Otherwife you tnuft open a Door to perpetual Broils; fince every one by thefe Maxims becomes Judge ; and where he is both Judge and Party, is not like to be caft in his Pretentions : And even few Malefactors die, but think hard meafure is given them. If then forcible Self-defence be to be follow'd, none of thefe fhould yield up their Lives without ufing ali Attempts for refcuing them. Mr. Dee then offer'd a Sermon by the Bifhop of Ely before the Lord-Mayor and Aldermen at Guildhall, the 26th of January, 1684. The Clerk read.'} The patient Chriftian cannot but condemn thofe, who under the Pretence of defending their Rights or Religion, refill lawful Authority. It being a Blafphemy againft the Divine Wifdom, and Power, to fuppofe God can ever ftand in need of our Sins to bring to pafs his molt glorious De- figns. He then in whom this Virtue dwells., keeps a due Re- gard to the Commands laid upon him, to fubmit himfelf to the Supreme Powers, and he dares not lift up his Hand againft the Lord's Anointed, or levy War upon the raoft plaufible Account whatfoever, \_Pag. 19. There is an univerfal abfolute Command in Holy Scripture fcid.upon all Chriftians, to be fubjeft to the Supreme Powers in all Cafes. Now nothing is plainer, than that if we be requir'd to be .fubject in all Cafes, Refiftance in any will be linful. Let every Soul be fubjeft to the Higher Powers to which Chriftian Precept there is no Exception to be found for any Perfon, in any Inftance, from one End of the Chriftian Inftitution to the other. The Holy Scripture gives Permifiion no more to the People collected infto one Body to rebel, than it does to each of them, by himfelf fingly coniider'd. Every Chriftian, in all Circumftances, isrequir'd to conform to the Laws of the Supreme Authority, if they have no Repugnancy to God's Laws, and tofufFer patiently where Obedience would be a Sin. Mr, Dee next produc'd a Sermon of the Bifhop of Bath and Wells, preach'd before the King at Whitehall the fitch of Novem- ber 1681. The Clerk read.'} We ffcould in no Cafe, and for no Reafon Re- lift the Church, of which we have the Blefling to be Members, where (he can't obey, is ready to endure, expecting her Reward in Heaven. Not ignorant how much (he fuffers new from the Contradiction of difloyal Men for the Truth of this Dcftrine, and how much for its Meeknefs (he ftands expos'd to future Perfecution. []^. 11. Ibid. p. 1 9 The next was a Sermon preach'd by the Bifhop of Lincoln be- fore their Lord&ips on the gcth of January 1708, and publifh'd by their Lordfhips Command. ( 225 ) If it (hall pleafe God any time to permit Liwful Powers to £; againftUs, and make them that hate us, to rule over us; We inuft follow the Example of our Bleffed Mafier ; and fubmit pa- tiently to their Authority, and nop, with the warm Apoftle Sr„ Peter, tile the Sword again ft thofe, to whom God has committed the Tower of the Sword, pag, 15/16, 17, iS. Wherefoever the Supreme Power islodg'd, or in whomfoevcr it reildes we are bound to pay either an Active or Paflive Obe- dience to it ; muft either do what it requires, or fuffer what it Inflicls ; This is without Controverfie the ftanding Doftrine of Christianity* and has been confirmed by the Praftics of the beji Christians in afl Ages of the Church. The Laws of the Nation declare, " That by the Undoubted all People would judge rightly of them, and approve their Pro- ceedings : And in the laft Place invited and requir'd all Perfons wn'arfoever, all the Peers of the Realm both Spiritual and Tem- poral, all Lords-Lieu enants, Deputy Lieutenants, and all Gen- tlemen, Citizens, and other Commons of all Ranks, to come and aflift them, in order to the Execution of that their Defign, a- gainft all fuch as mould endeavour to Oppofe them ; that fo they might preve; t ail thofe Miferies which muft needs follow upon the Nations being kept under Arbitrary Government and Sla- very : And that all the Violences and Difbrders which had over- tarn'd the whole Conftitution of the Englijb Government, might be fully redreffed in a Free and Legal Parliament. And they likevife refolv'd, that as fobn as the Nations were brought to a ftate of Quiet, Care fliouid be taken that a Parliament mould be call'd in Scotland, for reftoring the An- cient Conftitution of that Kingdom, and for bringing the ]vtatters of Religion to fuch a Settlement, that the People might live eafy and happy, and for putting an end to all the injuft Violences, that had been in a. courfe of fo many years committed there. They would alfo ftudy to bring the Kingdom of Ireland, to fuch a ftate, that the Settlement there might be religioufly obferv'd ; and that the Proteftant and Brhtijh Intereft there, might be fecur'd. And would endeavour by all pofiible Means, to procure luch an hftablifhment in all the Three Kingdoms, that they might all Live in a happy Union and Correfpondence together ; and that the Proteftant Religion, and the Peace, Ho- nour and Happinefs of thofe Nations, might be EftablmVd up- on, a lafting Foundation. Ihen was read the Additional Declaration* That after they had Prepared and Printed their Declaration, they had underftood, that the Subverters of the Religion and Laws of thofe Kingdoms, hearing of their Preparations, to Aflift the People agairft them, had begun to Retract fome of the Arbitrary and Defporick Powers that they had afmmed, and to Vacuate Tome of their Injuft Judgments and Decrees. The Senfe of their Guilt, and the Diftruft of their Force, % having induced them to ofHr to the City of London fome feem- ing Relief from their great Oppremons; hoping thereby to Quiet the People, and to Divert them from demanding Re- eftablifhment of their Religion and Laws under the Shelter of their Arms : They alfo gave our., That their Highneffes did intend to Conquer and Enflave the Nation ; and therefore they had thought fit to add to their Declaration. That they were confident, that no Perfons could have fuch hard Thoughts of them, as to imagine they had any other C 2JI ) other Defign in that Undertaking than to procure a Set- tlement of the Religion, and of the Liberties and Pro- perties of the Subjt&s, upon fo fure a Foundation, that there might be no danger of the Nations relapfing into the like Miferies at any time. And as the Forces they brought: with them were utterly difproportioned to that wicked Deuga of Conquering the Nation, if they had been capable of Intending it ; fo the great Numbers of the principal Nobi- lity and Gentry, that were Men of Eminent Quality and E- ftates, and ^erfons of known Integrity and Zeal both for the Religion and Government of £vel Falfe Bre- thren that Defend a Legal Toleration :, but the Perfons in- tended, are thofe that Defend an unlawful Toleration, and not a Legal Exemption, which Legal Exemption the Doftor admits to be good and juft. in the PalTage before repeated. That they apprehended the Dbclor meant thofe are Falfe Bre- thren, and blameable, that Excufe the Separation from the Church, not on account of the Toleration, but by laying tie Tanks on the true So?is of the Chzirch^ for carrying Matters too hjgbi thefe are the People, the Falfe Brethren, that cry out againft the Church upon all Occafions. That as the Doctor's Expreffions about Arch-Bifhop Grindall, the Doctor thought he had good Grounds for them \ but at leaff they were but ftnwary Expreffions, and not Criminal. That the Toleration he mention'd Arch-Bifhop Grindall to be blamed for^ was quite another Thing from the prefent Indulgence now granted $ that the fiift was by Queen Elizabeth alone, or by the Arch~Bi- ihop's Authority under her, and without the Parliament ; the Diffenters being then few, and it had been no great Dif- ficulty to have prevented that Senium at the beginning ^ but that now the Diffenters are a eonliderable Part of the Nati- on,- have great Riches, and Properties amongff us, and it be- came the \Vildcmof the Legiffature, to give them an Indul- gence according to the Reitrictions in the Act of Parliaments But that this was a different Cafe, and by a different Au- thority, from what was in Arch-Biihop GrindaWs time- that the Story of that Arch-Bifhop, as related by one of the Gen- tlemen Managers,, did indeed acquit the Arch-Bifhop, but how far it clear'd Queen Elizabeth, they muff leave to your Lordfhips ^ for mould a great Favourite attempt to procure a Grant of the Aich-Biihop's Palace, or a chief Revenue of ' Ifcfef See, or Church, and that the Arch-Bifhop's oppofing th€ Favourite herein (as was by the Gentleman fuggeileu)J Should be the Realbn of his Dilgrace ; or if the Arch-Bifhop %kl Profecute or Punifh a Man in the Spiritual Court, for having two Wives at the fame time \ (which Profecution or Funiffiment was highly commendable in the Arch-Bifnop^ Snd' was his Duty to do) it would be hard to think, that i^ieu J&kafath ihVald Suipend* fain* from- the Arch-Bifhop- rkk> <3) nek for fuch a Proceeding, for thus difcharging bis Duty, therefore they could not give Credit to that Hi (lory as ic was related ; but they fliould mew their Lbrdfnips, from the Arch-Bifhop's Letter to the Council, and Letters from Beza and Calvin at that time, that it was his Indulgence to the DifTenters, that drew the Anger of Queen Elizabeth on him. That they apprehended the Fault the Doctor rinds in his Ser« mon is againft an Univerfal general Toleration that tends to a DiiTolution of all Things; and fuch a Toleration, would make Religion like that of the Samaritans, a mixture of all forts, that was odious to the World, and an Abomination to the Jews-^ and fuch a Toleration the Doctor had great Rea- fon to find Fault with. For fuch Toleration was not to be defended, nor would be of any Service ro either Church or State : That this is the Toleration which they thought the Doctor intended, and not againft a Legal or particular Ex- emption, which the Wifdom of the Nation had thought lit to give. That indeed the Doctor thought that Occafianal Couformifts do attempt to hoiil the Toleration into an El'tab- lifhment, and come into the Communion of the Church to ferve a particular Purpofe; which opinion, whether true or falfe, could not be Criminal. That to fpeak againft a Law, or to break a Law, is not to be juftified : Nor l?ad he fpoke againft this Law ; but if he had, furely he had been Funifh- able in the ordinary Methods of Juftice, and not in a Pro- ceeding of this Nature. , That as to that Part of the Charge about thundering out Anathema's, the Difcourfe is geneial, and not determin'd to any Perfons, not pointed at ttie Dif- fenters, but properly intended againft Irreligion; and the Sentence that he dares any Power on Earth to reverje, is fuch, and fuch only, as is ratified in Heaven. That the Doctor believes fome Sentences of the Church to be ratified in Hea° ren; and if that Sentence which is pronounced here on Earth, be ratified in Heaven, it is, beyond all Difpute, cut of the Power of Man to reverfe it. That he fuppofes fome Perfons exempt from Punifhment by particular Laws, mav yet, by the Law of Chrift, be liable to fuch a Sentence : Bur rrom hence, or his Anfwer to the Articles, to draw a Con- clufion, That he AlTeits the State had not Power to reverfe the Sentence of the Spiritual Court, fcf which there can be no doubt, but that the Legiflature has fuch a Power) or thar the Legiftature is guilty c r tfiafphemy, (as had b?en objected by one of the Managers) was neither 'true Reafon r^or Logick. That it would not be aifputsd5 that Schifm is a Sinpunifh- able by the Laws of the Church, if it be a Separat on with- out a juft Cauie- and how far this was fuch a Sepai^ion, or that the Act of Parliament had taken away this Sch;^n, this Sin, they iubmittetf to their Lordihips, A a z* Mr, (45 Mr. Phtptfs 11 /I R. Phipp's fpoke next, and began with tria'f Speech. LVJ. Part of the Second Article which lays* That the Doclor does Svggefi and Maintain, that the Toleration granted by Law is unreajonable, and the Allowance of it MraY* vantable: That he conceived there is nothing in the Doctor's Sermon can warrant that Charge. That the Toleration All is not what the Doctor finds Fault with, but the Perfons that Abufeit; which ill Ufe is unreafonable and unwarrantable. But, that the Doctor alTerts the Toleration it felf to be unrea- fonable, or the Allowance of it unwarrantable, would appear to be a great Miitake, when the Paragraphs in the Sermon, upon which this Article was founded, wereconfider'd.' That the firil Paflage was in Page the 8th, where the Doctor fays thus: If upon all Occafions to comply with the Diff enters, both in publick and private A fairs, as Perfons of tender Conferences and Piety, to promote their Liter eft hi Elections, to fneak to them for Places and Prefeimen1-, to defend Toleration and Liberty of Covfci- encc, and under the Pretence of Moderation, to excufe their Sepa- yatioiu and lay the Fault upon the true Sons of the Church for car- rying Matters too high, &c. That thefe are fome of the Cha- racters which the Doctor gives of Falfe Brethren : But, (ad- ded Mr. Plripps) is there any thing in this Paflage that avers Toleration to be unreafonable, or the Allowance of it un- warrantable ? That Page the ioth, the Doctor hath thefe Words, which were urged to Prove this Article: Our Con- 'ftittition, both in Church and State, has been fo admirably contri* vedj with that Jfifdom, freight and Sagacity, and the Temper and Genius of each, fo exaftly Suited and ModeWd, to the mutual .Support and Afjijlance of one another, that 'tis hard to Jay, whe- ther the Doclrines of the Church of England contribute more to Authorize and Enforce our Civil Laws, or our Laws to Maintain cad Defend the D'oBfihes of our Church. The Natures of both are fo nicely Correfpondent, and fo happily intcrmixt, that tis almoft hnpofibfo to offer a Violation to the one, without breaking in upon the liody of the ct:cr. So that in all thofc Cafes before mentioned^ whojoever Pvefumes to innovate, alter, or mifnprejent any Point in the Articles of the Faith of our Church, ought to be Arraigned as a Tray tor to the State • Hetrodoxy hi the Doctrines of the one\ naturally producing, and almoft hecejfhtily juferfing Hebellwti ana High Treafon in the other, and tdn£equeiuly a Crime that concents the Civil Migiftrate as much to pumfk and reftra'w as the Bcc'U- faftical. * Can this ( faid Mr. Phifps) be meant of the Tole> * ration? Is the Toleration fo much as mentioned here? * Does lie not h<*re fpeak againft fuch as innovate, alter or 4 mifrepjfefent the Articles or" cur Faith ? h theie any Inno- * vation1, Alteration,- or -MiiVepiefentation of any Article oi" * our Faith by the Protefranr DtiJewters ; The Diffentei s do not * diffa from ws in Manors ofFairh,h,'t Hi Matters of Fern: and * feeiemonj j (5) 4 Ceremony; if they differed from us in Matters of Faith, thay * would be Hereticks, and Herefie was never intended to be * Tolerated by the Act of Indulgence : And therefore what the * Doctor fays in this Paragraph, can never be taken to be * * Reflection on the Toleration. That he fhould next offer to their Lordlhips Confederation another Claufe, which was cited by the Gentlemen of the Houfe of Commons to fupport this Article, which is pag. 14. where 'tis faid ,Thefefalfe Bre- thren in our Government, do not fingly, and in private, fpread their Poyfon, hut (what is lamentable to be fpokenj are fufir'd to combine into Bodies, and Seminaries, wherein Atheifm, Deifm, Tritheifm, Sociniamfm, with all the Hell ijh Principles of Fanati- cifm, Regicide and Anarchy, are openly Profefs'd and Taught, to Conupt and Debauch the Youth of the Nation, in all parts of ity down to Pojler'uy, to the prefent Reproach, and future Extirpa- tion of our Laws, and Religion. Certainly the Toleration was 'never intended to indulge, and Cherijb fitch Monfters, and Vipers% in our Bofom, that feat ter their Peftilence at Noon day,, and will Rend, Diftracl, and Confound, tin fitmejl and b eft fettled Confti- tution in the World. That there is nothing in this Claufe that can maintain this Article; and that the Doctor was well warranted in laying that, becaufe thofe enormous Crimes are particularly excepted in the Act of Toleration, and for this they refer to the Acl it felf. That the next Claufe that was urg'd to maintain this Article is in the 16th Page, where the Doctor fpeaks in thefe Words. But fine e thi$ Model of an Univerfal Liberty and Coalition faifd, and thtfe falfe Brethren could not cairy the Conventicle into the Church% thty are now refolved to bring the Church into the Conventicle, which will more plaufibly and jlily £fLB her Ruin : What could not be gain\i by Comprehenfion, and Toleration, vmji be hxovght about by Moderation, and Occafwnnl Conformity ; that i.% what they could not do by open Violence, they will not fail by fecret Treachery to accomplifi. If the Church canH be pulPd down, it may be blown up ; and no matter with thefe Men how 'lis De- ftrofdi fo that it is Dejlroy'd. That this did not fuggeit the Toleration to be Unrealonable, or the Allowance of it Un- warrantable: That it rather excufed it from having hurt the Church: For he fays, What could not be gain'd by Toleration^ vmft be brought about by Moderation, and Occ a fwnaf Conformity \ fo that the Injury which is done to the Church is afcribed by him to fome other Caut'e. That thus their Lordlhips might obferve there was not any Palfage in the Doctor's Sermon, whereby he Suggelb, rhat the Toleration granted by Law is Unreafonable, or the Allowance of it Unwarrantable, and confequently no Foundation for this Airicle, unlefs it was to, be fupported by Inferences contrary to the Doctor's exprefs, Words ; for the Doctor in his Sermon, png. 20, fays, I would A a 1 nag CO r.ot here he underjlood, as if I intended to caji the leafi invidious $eficttion upon that Indulgence the Government has condescended to give them, which I am fare all thofe that wij}? well to our Church are very leady to grant to Conferences truly fcntpulous^ ht them enjoy it in the full Limits the Law has prefcriPd : By which -'twas evident, he allow 'd the Indulgence given by the Aft to Diflenters, and was very far from fuggefting, that it is unreafonabie, or the Allowance of it unwarrantable. That he wifhed with all his Heart they may enjoy it in the full Limits of the Law: And therefore if there be any other Ex- preiTions concerning Toleration which may feem to carry a dubious Senfe, 'twas conceiv'd they ought not to be apply'd to the Exemption granted by Law, but would be fo Inter- preted as might conflft with his avowed Approbation of that Law. That in all Writings fuch Expofition is to be made, that one pait may not contradict or be inconfiilent with the other: But to itrain the Senfe of any ambiguous Claufe, and to put fuch a Confhuction upon it as to make it contradict a plain and pofitive AfTertion in the fame Writing, was never allow'd, and he was fure would not be permitted by their Lordfhips, who had fhew'd fuch a juft Abhorrence of fttain'a and Forreign Infinuations and Innuendo's. . That by condemning fuch as defend Toleration, 'tis evi- dent, the Doftor meant fuch as maintain, that the Aft of Indulgence is a Juflification of their Separation, and excu- feth them from the Sin of Schifm , For the Defence of Tole- ration, and Excufe of Separation, are mentioned in one and the fame Claufe of the Sentence, and in -one and the fame Branch of their Character of falfe Brethren. So that the True and Genuine Senfe of what he had faid in his Sermon concerning Toleration was. i. That he intirely approved of the Exemption, by the Aft of Indulgence of Proteitant Dil- fenters from the feveral Penalties inflifted by the feveral Sta- tutes for their Non-conformity, z. That tho' they are exempt from- the Penalties, yet that does not excufe their Separation iVom the Sin of Schifm in joro Confcientia :, that the Dodor was not alone in thishotion,but was juitified in it by the Opinion of many Learned Men, who had writ on that Subject \ which was. the concurrent Opinion of the greatelt part, if not all the Learn- ed Men of our Church at this Day. That fince the Aft of Uni- formity was in force,and was rot repeal'd or eneivated by the.-* ft of Indnlgence.hnce the Doftripe and Woifnip of the Cnurch of England was the EilablinYd Religion of this Kingdom, 'twas humbly fubmitted, whether a Separation from the Church, iince the Act of In diligence, was not as much a Schifm in foro Con-- fcieiiti*i as it was before ? That luppoiing that Separation from the Church by Diffenters, fince the Act of Indulgence, Ihbuld not be thcugiit a Schiim, yet the tJoctoi- having the Opini- on (7) en of fo many Learned Men of his fide, his AfTertion could not b? faid to be Wicked, Malicious and Seditious, nor to be fo high a Crime and Mifdemeanour, as to be the fubject Matter of an Impeachment. That the PafTages in the Do- dor's Sermon, which were fuppofed to condemn the Tolera- tion, or to reflect on the Di (Tenters, were open to another plain and natural Conflruction. For fince he pofitively, and jn exprefs Terms, allow'd Liberty of Confcience to Confer- ences truly lcrupulous, and which are intituled to the Benefit of the Act.- Where he condemns or fpeaks againft Tolerati^ on, it mult be intended as to fuch DiiTeriters who are not In- tituled to the Benefit of the Act, but are excepted out of it j And thofe are fuch as by Printing or Writing deny the Trini- ty , fuch as do not come to fome AlTembly of Religious Wor- inip allo'wed by that Act j and no AlTembly of Religious Worfhip is allow'd by that Act till the Place of meeting be certified to the Biihop, Arch-Deacon, or Juilices at the Quarter- Seffions, and Recorded, and a Certificate thereof gi-? ven: That Multitudes frequent religious Ailcmblies which; are not allowed by that Act, That few religious AfTembljes are qualified according to the Act. That vait Numbers go tq no religious Worfhip at all. That many deny the Second Perfon of the Trinity, was too too evident; And againft e^ very one of tbefe, all the Laws for frequenting Divine Ser- vice on the Lord's-D.iy were full in Force by the exprefs Words of that Act. That therefore all thofe who defend 3 general Toleration, who maintain that the Act extends to all fuch DifTenters, are juldy Cenfur'd by the Doctor j and all the ExpreiTions in his Sermon againft Toleration mult be in- tended againlf thofe excepted in the Act, fince he fo exprefly approves the Indulgence allow'd to thofe that conform to the Terms prefcribed by the Act. That, As to that Branch of this Second Article which charges the Doctor with AlTerting, That Queen Elizabeth was deluded by Jich-Bhjbop Grindall to the Toleration of the Gene- vian Difcipline j whether he was warranted in this AfTertion, was humbly fubmitted to your Lorafhips, when 'twas confi- der'd, That Arch-Bifhop was once in the highelt Eiteem with the Queen, She made him Bifhop of London, then Arch-Bifnop of Torkt and afterwards promoted him to the See of Canterbury ; and that after this he was in Difgrace, and died in Her Majeily's Difpleafure,could not be deny'd.That the Reafon affign'd for his Difgrace was, That he was a great Encourager of unlawful Conventicles, or Prop,hefyings, as they were then call'd , but whether that Charge againlt him was true, or whether it was only a falfe Suggestion of the Earl of Lcicejler, to remove him from the Queen's Favour, Mr. FLitip would not prefume to determine. That the' A a 4 Learned. Learned Manager who fpoke firft to this Article, was plea~ led to acquit the Arch-Bifnop, and lay the Fault upon the Queen j tho', whoever reads \Calviiifs and Bcza's Letters td him when Bifhop of London, Queen Elizabeth's Letter to the Bifhops, dated the 3d of May, 1577, and the Arch-Bifhop's own Letter to the Lords of the Council the ~z 5th of Novem- ber, r577, will be fully fatisfied that he was not Innocent; fur he CurifeiTes he was commanded by the Queen and Coun-* cil to fuppreCs the Prophefyings, ; and that he refufed and could not comply with that Command \ and acknowledged it to be an Aft of great'Glemency in Her Majefty, that She- car- Tied Her Refentment no higher. So, that pious'good Queen is entirely acquitted by the Arch-Bifhop himfelf. "That alt Hiftorians admit, that in his Time the Puritans were very numerous, and their Party very ftrong ; and it is evident they grew fo dangerous, that the Statute of the 35th of Eli* Zabeth was made to fupprefs their Conventicles, and compel them to come to Church. That at his Death the Affairs of the Church were in fo great a Confufion, that his Succeifor^ Arch Bifhop Whitgift, was put to great Trouble to check that growing Fadion, and reduce Things into good Order agaiiu If therefore the Dodor was of Opinion the Puritans t eceiv'd too great Encouragement by the Countenance of that great Man, and if it was his Zeal for* the Church, and the Refe-ntment he had that it fhould receive any Prejudice by the Connivance cf one at the Head of it, that, provoked him -to ufe a harfh ExprefTion of that Arch-Bifhop, 'twas humbly to be hop'd that was not a furficient Ground for an Impeach- ment of High Crimes and Miicemeanors. That the Gentle- man that IpOke firft to this Article, was pleas'd to admit that what tire Dodor faid in relation to the Arch-Bifhop, was not an Offence, as it was a Reflection" on that Arch-Bi^ but out of many more of the like fort9: he mould mention only a Book, Intitled, The Rights of the Chriflian Churchy wherein the Author, in Page ic8,iays down this Doctrine. Among Chrijl tans one no mere than another can be reckoned a Pricft. And a little after, The Clerk has As good a Title to the Pricjlhood as the Parfotu He urged that thefe two Men llrike off our whole Religion at once \ that the Funda- mental Doctrine of our Faith was defhoy'd by the firft of 'em, and the Miniiters, who were to fupport and defend that Do- ctrine, were fet afide by the other. ' If thefe, faid he, and * fuch like Opinions have any where prevail'd, is it not high * time that lbme wholfome Severities were us'd to Hop the 6 growing Contagion ?g Or, if the Superior Pallors of the 4 Church mould thunder out their Ecclefiailical Anathema's * againit the Authors and Abettors of fuch horrible Blafphe- c mies, by what Conitmction can this be faid to be done a- * gainit Perfons intitled to the Benefit of the Toleration ? That there was one PalTage in this Sermon, which had been mg'd by the Learned Manager on this Head with more than ordinary Force, and as a direct Breach and Infill t upon the Toleration ^ which he mould endeavour to fet in a true ■Light. That it was in the eighth Page, in thefe words - Should any one, out of Ignorance, ot Prejudice to the ancient Rights and effentlal Coyjiinition of the Catholick Church, affrm, that the Divine Apjtoiical Ivjt'uutwn of Epifcopacy is a Novel Dofahie, f 15) boSrhcj not fujfiriently warranted by Scripture, and that it U indifferent, whether the Church he Governed by Bijhop or Presby- ters 5 is not fuch an one an Apoftate from his own Orders ? That it was faid, that all thofe Diirenters who do not acknowledge the Divine Right of Epifcopacy, and are therefore fpecially exempted by the Ad of Indulgence from Subfcribing tome of the Articles of Religion, and who are immediately under the Protection of that Act, are yet, in the End of this Paragraph, charg'd with being Falfe Brethren, where he Prays, That God would deliver u all from fuch Falfe Brethren. But that it Mas plain, that thefe Words were not meant, nor could be con- strued, generally of Diflenters, who deny the Divine Inftitu- tion of Epifcopacy, but were intended peculiarly of fuch Per- fons as had themlelves been Epifcopally ordain'd ; that the firft of thefe cannot be faid to be Apoitates from that Doctrine which they never Own'd, nor Subfcrib'd to ; but the latter, who could not be admitted to their Orders, 'till they had Subfcrib'd the receiv'd Doctrine of our Church, were the on- ly Perlons who could be faid to be Apoftates from their own Orders, if they deny'd that Divine Inititution,by which they themfelves had been Ordain'd, and confequently, the only Perfons that were intended in this PaiTage, 3nd term'd Falfe Brethren. That he fhould not prefume to lay, what the Du- ty of the Superior Palters of the Church is, when our Reli* gion and Difcipline is invaded by Atheijls and Sclnfmaticks^ much lefs to Determine what Sentences juilly pafs'd by them on Earth, may be ratified in Heaven : That thus much lap hoped he might fay without Offence, That the Spiritual Power of Church-Pallors is not derived from the Civil Ma- giftrate, but from God \ that one Branch of that Power, is the cenfuring of Notorious Offenders, and excluding then* from the Communion of the Church } and that this has in all Ages, in Fad, and of Right too, been exercis'd by the Pa- yors of the Church, by Permiffion of the Civil Magiftrate. That the Learned Bench of Bifhops well knew, That before the Civil Magiftrate did imbrace the Chriftian Religion, the Paltors of the Church did inflict Spiritual Cenfures on Offen- ders, for doing fuch Things as the Imperial Edicts did not only Permit, but Command ; and this Power, of inflicting. Cenfures on Perfons exempted from Punifhment by the Laws of the Land, had been always challenged, and is now exer- cis'd by the Reform'd Churches abroad 5 and by the Rubrick of our own Liturgy, open and notorious Evil Livers are r<* be repell'd from the Lord's Table, until they have openly declar'd their Repentance and Amendment. That they were told by the Learned Manager, That in cafe any Ecclefiaftical Judge fhould infuFi an Illegal Lenfure of Excom- Dmnication, the leniforal Cowtiviay, and would foon give Relief, if on h fen li tig forth a hohibUion. But that their Lcrdfhips wnuM coniider, that there is a wide and manifeft Difference betwixt an Excommunication founded upon a Profecution in the Eccle- lialtical Courts, and the pronouncing Cenfures purely Spiri- tual : That the external coercive Jurisdiction of Eccleiiaili- cal Courts being deriv'd from the Laws of the Land, may, and is frequently by thofe Laws reilrain'd ; but fuch Reltraint does not hinder the Pallors of the Church from exercifing the Spiritual Power of the Keys, which they derive, not fiom the Laws of the Land, but from the Injlitunon of Chrift\ and there- fore trio' it be provided in the Act of Exemption, that Per- fons taking the Oaths, and making the Declaration in that Act mention'd, fhall not be Profecuted in any Eccltfiaftical Court for not Conforming to the Church of England, yet it is not by that Act expielVd or intended that Nonconformity to the Eilablilh'd Church fhould no longer be J.pok'd upon as Schifm, or that Separatiits may not, by the Pallors of the Church, be pronoune'd Schifmatical. That if Separatiits from the Church of England were guilty of Schifm before the Act of Exemption, they are as much guilty of it fince, the Laws of the Land which require Conformity being not by that Act repealM, tho' the Tranfgreilbrs of thofe Laws are releas'd from thofe Pains and Penalties to which they were before ob- noxious : But weie the Laws of the Land which require Conformity to the Church of England exprefly or virtually repealed, yet whillt the Laws of God requiring Church LTiu- ty, and forbidding Schifm, are uncancell'd ard remain in their full force, thole who make caufelefs and unneceflary Diviftons are fill guilty of Schiim,and may by the Pallors of the Church be Cenfufd as fuch. That he mould add but one word in relation to Archbifhop tarindall, not to dinurb his Afnes, or blacken his Character, but to vindicate the Memory of that glorious Queen under Whofe Difpleafurc he dyed. That it was faid, that the true Ground of that Prelate's S'ufpenfion, was partly becaufe he would rot give up his Manor of Lambeth to the Earl of Lci- cejler • and partly becaufe he had Cenfufd one Julio an Italian for an illegal Marriage. That had thefe been the known Rea- lens of his Sufpenlion, he would have had juft Cauie to have complain'd loudly of that Cenfure 5 but that without entiing into the fecrct Hiilory of that Reign, he (-Dr. Htnchman) •would put the whole matter upon that Archbiihop 'sown Sen- timents, both as to the Caule of his Sufpenlion, and the Jul; ice of it. That by the Account yet extant unoer his own Hand it appears, theie were in thofe days Men of a Fanati- cal Spirit that caird th&mfelves Prophtjikrs ; that that Arch- biihop had been order'd by the Queen and Council to fuppiefs jfach Exercifes within his Province, as contrary to the Laws f '7 > bf the Land, and the Eftablifh'd Difcipllne of the Church \ but this. Archbifhop. thought fit not only to delav? bur abso- lutely to refufe to join in fuppreulng thofe Exeraies, and rot this Difobecience to the lawful Commands of his Sovereign, he was fuipended. That his own Words which he ufes upon this occafion are very remarkable, when he applies to the Council to intercede with Her Majefiy to b^ renor'd to Her Gracious Favour, vii. And whereas I have filftdin'd the Rtflraint ofny Lila '•-, avd the ScQUefl. ration of ivy JuriJ diction, now by the /face of fix Month: ^ I am fo far from repining thereat, or thinking my f elf injur iotffl} Oi hardly dealt withal therein at Her Majefty': Hands, that J do tl ahkfvlly unbrace, and frankly with all Hnviiiiiy acknowledge^ Her Princely and Gracious Care and Clev: rds me, who ha- ving Authority and Power to have vid greater Andjbarper Se* againjl me, and for good Policy and Example thinking it fo expedi- ent, hath noiwithfandvig dealt fo mercifully^ mildly dnd gently Mth me. Concluding, that in this Letter that Archbiihop frankly acknowledged that he had given Offence, and was for good Policy and Example juiily punihYd by Her-Maielty ; but had at been knowm that He was Sufpended for net tamely parting with the Revenues cf his See, or for pronouncing Sentence in a Court of Juuice againftan unlawful Marriage.there could have been no reafon for him to have acknowledge the Ju- ftice of his Sufpenfion ; neither could it be for good Policy and Example expedient, that he fhould be puninYd for not alienating the Revenues of his Church, or for not pronoun- cing Julio's Marriage. with another Man's "Wife lawful. . Dr. Henchman having done fpeak'ng, Mr. Bodd faid, they fhould fpend little of their Lordihips time in reading to triis Head ^ that they fhould only read the Toleration Act,to fhow the Exception in it ; and offer the Archbifnop's Letter to the Council, and the Queers Letter to the Bifnops : That they had the Letters of Calvin and Beza, but he believed they fhould not have occaiion to read them, Then the Clerk read the Toleration M, Anno Prirno Guli- el mi St Maris. An Jrt f>r Exempting their Majefifci Jkdtefta it SubjeBs, Dijfenting from the chinch of England, 'from the Penal" ' certain Laws, &c. ' ■ licb being over, Mr. Dodd fain. the riext was the Queen's Letter to the Bifnops, which they had from the Cotton Li-, brary \ and a Pe'rfdn there prefent, that had the Cui;ody of it, would prove it a true Copy. Then Mr. Rawlinfon being {worn, and ask'd by Mr. Dodd, whether he believ'd it to be a true Copy, he anfwer'd in the Aftumatlve: Afwi which the Clerk read, B b (i8) A Letter from the Queries Majefiy, fent to the Bujkopps through England, for the fupflinge of the Exercife called Prophecyeing, c F) IGHT Reverend Father in God, Cotton Lih-Liry, L\- we greete you well ; We hear to Cleopatra, F. 2. c our great Griefe, that in fundry Parts of FqL 287,2.88,2,89. ' our Realme, there are no fmall Numbers * of Perfons prefuming to be Teachers and * Preachers of the Church, though nether lafulie thereunto called, no yet for the fame, which contrary to our Laws eiiablifhed for the Publique De-vine Service of Almighty God, and the Adminiftration of his Holie Sacreement with- in this Church of England, do dailie demife, imagine, pro- pound and put in execution fundrie new Rites and Formes in the Church, as well by their preaching, readings, and miniitring the Sacraments, as well by procureing unlawful Allemblies of a great Number of our People out of either their ordinary Panihes,and from Place far diflant ; and that alio of fome of good- will, calling (though therein not well advifedj to be Hearers of their Ditputations, and new de- viled Opinions upon points of Deviniti«s,farre and unfneete of unlarge People 5 which manner of Invaiions they in fome places call Propheiiings, and in fome other places Lxercifes. By which manner of Affemblies, great Numbers of our Peo- ple, efpecially the vulgar fort, meeteto beotherwife ouccu-. pied with honeft Labour for there Labour for there Livinge, are brought to laieneis, and feduced, and in a manner fchil- matically devided amongl't themfelves intovarietie of daun- grous Opinions, not only in Towns and Panihes, but even in fome FarmJies 5 and manifeilly thereby inco^raged to the. Violation of our Law?, and to the Breach of common Or- der, and final ie to the Of7eu.ce of all our quiett Subjects that deiire to fervej God accoiding to the uniforms Orders 6 off euabiifned in the Church, whereof the Sequele cannot 8 be hut over- dangerous to be futfered. Wherefore, confide- * ring k fnoulci be the Duty of the Bufhopps, being tire pi in* * cipal ordinaiy Officers in the Chinch of God, as you are * once, to fee rhis Difhoners againlt the Honor of God, and * the Quiemefs or: the Church leformed : Ar.d that we fee * that by the Increafe of thefe, through Sufferance, greate 1 danagor may enfije even to rhe decay of the Criitianne f aitf 7 i whereof we arc by God appointee. the-Defendor ^ beiide* * the other lncortveniences,,no.the diliurbance of our peace- * a&k Gcveinmenu We rfietefiar-.*, according; to Authorities c we (19) « we have, do Charge and Commaund you, as the Bufhopp of that DyocefTe, with all manner of Diligence, to take Or- der through your DiocefTe, as well in places Exempt as other wife, that no manner of Publique and Devifie Service} nor other Form of th' adminiftration of the Holy Sacra- ments, nor any other Righr.es of Ceremonies be in any fort ufed in the Church, but directlie according to the Orders eftabliihed by our Laws. Nether that any maner of Per- fon be fuffred within your DiocefTe to preach, teach, read, or ani exercife any Function in the Church, but iuch as thill be lawfully Approved and LicenfedjasPerfons able for their Knowledge, and conformable to the Miniitrie in ihz Kites and Ceremonies of the Church of England. And where there mail not be fufficient able Pafons for Learning in any Cures to preach or infiruct their Cures as were requifet, there (hall you lymitte the Curates to read the publique Homlines ac- cording to the Injunctions heretofore by us given for like Caufes $ and furthermore considering, for the great Abufe that have byn in fundrie Places of our Realme, by reafon of our forfaid AiTembiies called Exercifes, and for that the fame are not, nor have not been Appointed nor Warranted by us or by our Laws, we Will and ltraightlie Charge you, that you do charge the fame forthwith to ceafe, and not to be ufed ; bur if any fhall attempt or continew or renew the fame, we will you rtot onlie to committe thereunto Piifon, as Maynteyncrs of Diforders, but aifo to Advertife us or our Counfaile of the Names" and Qualities of them, and of their Mayntainers and Abettors, that theupon for better Example their Puniihment may be more fharp for their Re- formation : And in theie tilings we charge you to be fq careful and villiant, as by your Negligence if we ihould hear of any Perfon attempting to fend in the PremiiTes with- out your Correccion or Information to us, we be not forced to make fome Example or Reformation of you, according to your Deferts.. Given under our Signet at our Mannor of Green- wich, the 7 th of May, 1577. Then Mr. Phipps obl'erv'd to their Lordlhips, that this is a Letter from Queen Elizabeth to the Bifhops, taking 2\otice of the Danger that mignt arife from the Prophefyings, and di- rects them to take care to fupprefs thofe unlawful Aifemblies j and now they would read to their Lordihips the Letter from the ArchDifhop to the Council, wherein he tells them that he could not comply with Her Majeily's Command. Clerk reads.] To the Lords of the Fiky Council, C 13 1CHT Honorable and. my fmguler good Lords, T JLV, cannot deny bat that I ruve bztn commanded both E b % fey r 20 ) * by the Queries MajefHe her felf, and alfo by divers of youi ' Honorable Lordfhips in Her Name, to fupprelTe all thofe * Exercifes within my Province, that are commonly called * Proprieties \ but I do protefl: before God, the Judge of all 4 Hartes, that I did not of any Stubbernefs or Wilful nefs re- 1 fine to Accomplifh the fame, but onlye upon Confcience $ i for that I found fuch kind of Exercife fet down in the Ho- * lie Scriptures, and theufe of the fame to have contynued irt J the Primitive Church, and was perfwaded that (the Abufes * being reformed which I always offered my felf ready toLa- ' bour in} the faid Exercife might yet ferve to the great Prof- * htt of the Church, and feared that the utter fuppreifing of 1 them would bread Offence, and therefore was a moil humble 4 Surer unto Her Majeniej that I might not be made the * cheife Inftrument in fupp'efling the fame : Yet not prejudi- 4 cing or condemning any that in refpecf of Pollicie or other- « wife fhould be of contrary Judgment, or being or Authori- 5 ty, fhould fupprefs them : For I know right well, that * there be fome things of that Nature, wherein diverfe Men * maye be ef diverfe Opinions, and aDownd in their owne * Senfe (being not repugnant to the Analogie of Faithe^ * without any Prejudice to their Salvation, or any Prejudice 1 of ether to other. Notwithstanding howfoever others be- * h)g otherwife perfwaded, might fafely do yt ; yet I thought * it not fare for me (b^ing fo perfwaded in Minde) to be the * Doer of that whereof my own Heart and Confcience would c condemne me. And whereas I have fufteyned the reftraint * of my Libei tie, and Sequeftration of my Jurifdidtion nowe 6 by the fpace of fix Monethes, I am fo fane from Repininge * thereat, or thinkings my felf injuriously or hardlie dealt withal therein at Her Majefties Hands, that I do thankfully Embrace, and frsnklie, with all Humilitie, acknowledge her Princely, Gracious, and Rare Clemencie towards me, who having Authorities and Power to have itfed greater and fharper Sever! tie againlte me, and for good Pollicie and s Example thinking it to expedient, hath notwithltanding * dealt fo mercifuliie, myldelye, and gent-lie with me.- But * the greateft Grief that ever I have had or have, is the Lofs * of Her Majefties Favour, and thefuifeyninge of the Difplea- ' fure of fo gracious a Soveraigne, by whom the Church and * Realme of England hath been fo long and fo happilie Go* * veined ; and by whom my felf privatelie and fpeciallie a- * bove other Subjects have received fo many and fo great Be- * nefits above all my Defervings, for tl.e recovery of whole * gracious Favour } molt humbly befetch your Loidihips to * be a meanes to Her Majeitie for me :• The wrhkh obte)ned9- * I ihall eUeme far above all worldly Benefits whaiibtvcr.And * I r »-j * I proteft here before God and your Honours, that not only * my d~wtifull and humble Obedience to Her Majeitie fhali * be fuche, as She lhall have no Caufe to Repents Hei of Her * gracious Goodnsfs and Clemencie fhewed unto me ; but al- * fo that by moite fervente, heartie, and dailie Prayer (as I 4 have done hitherto) fo I will contynew, accordinge tu my 4 bownden Dewtie, to make moll eamelle Sute unto Almigh- 4 tie God for the longe Prefervation of Her Majeliies moile * happie Kaigne, to the unfpeakable Benefitt of the Church 4 and Realm or* England, &c. 29 Novemkcr. 1577. ED M. CANTUAR. After the Reading, Mr. Dodd faid, they hoped thefe two Letters had fer that Matter in a true Light, that the Reafon of the Archbifiop^s Difgrace, was for not complying with the Com- mands of the Queen : And that they would proceed to the Third Article. Mr. K'ipps added, that the Dates of thefe Letters were material, for they were written in the Year, 1577 i an4 Her Majeity's Commands for SuppreiTmg the Prophefyings not being obey'd, the Puritans in few Years became fo dangerous, that the Parliament was neceiiitated to make the Ad of the 35th Year of Her Reign (with thofe fevere Penalties which have been fo muchCenfured by one of the Learned ManageisJ to give a Check to them, THEN Mr. Dodd refuming his Difcoiirfej faid, that in the Third Article, the Do- Mr, Dodd's &or was charged, that he does fuggeft and ajfcrt, Speech about thai the C'urch of England is in a Condition of the Thud Ai~ great Peril and Adverjity under Her Majeflyis tick* Adminifcration ^ and that, in order to arraign and blacken the Vote or Refolution of both Houfes of Parliament, ap- proved by Her ALijefty, he, in oppofuion thereto, dues fu:gejl the Church to be in Dangcv : Which they took the libeuy totally to deny ; the Doctor aliening no inch thing in his Sermon, nor had it, (as they apprehended) been proved upon him. That indeed, he ailerts, that when National Sins are iipened to Maturity, with other Immoralities and Irreligious Practi- ces therein mentioned, then fuch a People and Church are in very great danger, as they apprehended from the Sins and Vi- ces of wicked Men. That this they conceive no. ways 10 be- o.ppolite to the Votes of the Two Houfes of Parliament, nor to Her Majeity's Declaration ^ and they thought they had followed the Ad of Parliament of 9 and 10 of King fP.Hliam for fuppreiling Blafphemy and Prophanenefs, and other Ads of Parliament, in aderting this matter. That it mutt be a- g.reedj, that the Church, as a Church Militant, is always in B b I toser^ (danger, 'till it is a Church Triumphant: That it is always taken notice fo to be, fhe has many Enemies, fhe ought to be always on her Guard and Watch, and all good People ought to pray for her Support ; Tnat the Prayers directed by Her Majeily to be ufed in all Churches, are, That no Sedition may di/lurb this State, nor Schifm dhftratl this Churchy and that we all ought to lay it to Heart how great Dangers we are in by our unhappy Divi (ions. That thefe being the Prayers that are put up every Day in the Churches, to object from this, that, they look'd on the Church to be in Danger under Her Ma jelly's Adminiflration, i? directly contrary to what the t)ocl:or had aliened in his Sermon, wherein he does, as a good and loyal Subject, pray, and pray heartily for the bell of Queens, that {he may long live for the Comfort and Support of this Church and Nation ; that after this, one would think there could be no ground to quarrel with him on this Head : And as to that which was urged by one of the Gentlemen Mana- gers for the Houfe. of Commons, obferving that the Doctor's Expreffions were taken' out of the Lamentations, and that when the Lamentations were written, the King was a Prifon^ cr, and the People in Captivity, and therefore the Doctor in- tended the Parallel to anfwer the prefent Times : Surely ho fuch Inference could be drawn from thefe PaiTages. That he hoped' the People were in no Captivity whatfoever ; nor was our Queen (blefTed be GodJ a Prifoner : And if it was in- tended by the Gentleman Manager, (as he fuppofed it was) that the Do&or herein meant the Pretender , trie Doctor ut- terly denied it, and had all along difclaimed his Right, and afferted Her Majeily's Right in veryexprefs Terms; But that in this Place cited by the Doftor, is repreiented the Prophet's Lamentation for the Sins of the People, and the Judgments that had overtaken the Jews for their Sins and Rebellion* That the like Prayers may be o.bfeived to have been made by King David, and yet the Church of the Jews -was in the greateit Proiperity in his Time j however, there is fcarce a PI aim but he laments the Sins of the People, for fear leaffc they mould bring down Judgments on the Jewijh Church and State. And that this is Pathetically expreit aimoit through^ out all the Pfalms. That as to the Allegation, That tie Members of hoth Houfes ivere confpiring the Ruin of the Church, he totally denied it, nor -had the Doctor in all his Sermon mentioned the Votes of the two Houfes j therefore for the Article to charge the Do- ctor with aliening thai the Members of both Houfes, who paft the Vote relating to the Darger of the Church, were Confpiring her Ruin when they Voted her out of Danger, was a miflaken Fact. That Vote being made aimoit four Years before. There could be (23) be no Reafbn to think he reflected on that Vote, nor wa-f their any thing that could induce their Lordfhip's in the Doctor's Sermon, to believe fuch a Charge. That the Paf- fage in the Do&ors Sermon related to the Wars in the late Times: And as in thofe Days the/e weie many ill Men, and God permitted them to bring their ill Defigns about ; fo it was plain, that there were many good Men innocent, as my Lord Clarendon exprefTes it, tiiat had no fuch ill Defigns-. That, when their Lordfnips and the Commons pafs'd that Vote, no doubt it was a jult Vote, and gave a great Satisfa- ction ^ but no Body could expect that PalTage to be turned on the Doctor as a Reflection on their Lordihips, the Com- mons, and Her Ma jelly, in relation to that Vote ; for what he Reflected upon was quite another thing : That he took Notice that the Church was in Danger from evil Men, from evil Practices, and evil Books that were daily PublihYd. That they hoped their Lordihips would not take it, that when they urged this they intended to Pveflecl either on the Pallors of the Church, or the Miniilry of the Queen, for it. would be hard that they fhould be anfwerable for all thole Pamphlets: But when fuch were Publifhed to poifon the ~ Motions of the People, and a Minilter in the Pulpit takes "Notice of them to prevent the ill Confequences of them, whether this can have fuch a Conihuction as had been con- tended for, they might iafely fubmit to their Lordihips. That the aliening the Chriitian Faith to be in Danger by Vice and Irreligion, could not be contrary to the Votes in the Articles alledged, nor affect him, who made the Af- fertion, with any Crime, or fubject him to any Punithmento That they fhould be the fhorter in opening this Article, be- caule they fear'd they mould be very long in their Evidence, upon this Head; that they fnpuld produce feveral Books that daily came out, which contain'd the higheit Blafphemy, Ir- religion and Hercfie that could be publihYd. That he would not take upon him to open them; they were fo horriii he left the PalTages to be read, that their Lordfnips might fee what" Grounds there were for a Preacher in the Pulpit to take No- tice of theie Matters. When (laid Mr. Dodd in the Conclu— lion J the Church is run down, the Clergy vilified, when. 1 they tell us a grey Coat has as much Authority to Admini- * Iter the Sacrament as a black Coat, and that a Country * Man may make as good a Prieft as the Parfon of the Parilh 5 * thele things may excufe the Zeal of the Doctor, in fo* * warmly Reprehending them. We fhall read abundance of 1 this fort of Learning, and welnall do it only, to ihew that 4 there was Realbn for the Doctor in the Pulpit tg forewarn ' die People, to caution them that they may not have ill' B b a .*, Jm-. (24) * Impreifions made upon them, by fuch wicked and fcurrilous z Writings. We 'ihall humbly ofTer our Evidence to youi * Lordfhips, and then fubrnit this Article, Mr." Fl'i:fs \ yj R. Phippsy who fgoke next to the thhd Ar- Speech. iVjL tide, begg'd their 'Lordlhip's Patience, while lie took Notice of the feveral Branches of it, and Ihew'd that the Doctor was not Guilty of any Offence there- in charged. That as to fuch Part of this Article, as Charg- ed the 'Doctor, That he doth falfely and f edit ioufty Sugg eft a?id Jjfirt, that the Church of England is in a Condition of great Pe- ril and Jdverftty under Her Majefiy's Adminiftr ation ; and that to arraign and blacken the Vote and Refolut'wn of both Houfes of Rirlianient, approved by Her Majefty, he> in Oppofition* thereto, doth fuggeft the Church to be ill Danger, He took Notice, that the Firit Parr of the Fourth Article Explains this Branch of the Third Article,and fnews what the Commons meant by the Church being in Danger under Her Majelty's Adminiftration : F©r, the Firit Part of the'Fourth Article fays, That the Do- cior fuggefts thai Her Majeftfs Adminiftr ation, in Ecclefiaftical, and Civil Affairs, tends to the Definition of the Confiitution^ ib that by Charging that the Doctor AiTerts the Church is- in' Danger under Her Majelty's Adminiftration, it mult be in- tended that -he AiTerts the Church to be in Danger, by Rea- fon of Her Majeity's Adminiftration : And therefore, if there be any Expreflion in the Doctor's Sermon which Suggeiis^the Church to be in Danger, yet if it be not alfo therein Alien- ed that the Danger proceeds from Her Majelty's Adminiitra- tion, the Doctor could not be an Offender within the Mean- ing and Intention of this Article: And that the Doctor deni- ed, that he had A Her ted any Thing in his Sermon, from whence any fwch Suggefliorrs could be inferred. That to give their Lordfhips lull Satisfaction in this Point, he mould lull take Notice of the feveral Claiufes in the Doctor's Sermon at St. Pauls, which had been Cited to make good this Article ; That the firit PaiTage quoted for this Purpofe, was in Page the 5th, where the Doctor thus Expreflfeth himfelf: I jhall iake the Exprejion in its full Latitude, without confining it to the exprefs Defign of the Place, 'tho' it were veryObvious to draw a Parallel her-e betwixt the fad Circuvfiances of the Church of Co- rinth forme) ly, and of the Church of England at p'efenP\ n I in her Holy Communion has been rent, and divided by factious and Schifinaticnl Inipojtors y her PureDb&rine has been corrupted and defiidj .her JSimitive Wbtjhip 'and ' Discipline prophand mid a~ hus'dj her Sacred Orders deny'd and villi fy'd'y lev Frie&s, and JF.officrs (like b't. Paul J calumniated, mifrefrefented and ,...- flMStf; her Attars, and Saciaments, proRituttd to khfocritei, (25.) pc/jf j, Sbchiians and Jtheifts 5 W #« jftiv, / wijh 1 could not fay, without Difcouragement, lam fare with impunity , w; ej/fr ty our prof e/sld Enemies, hut, which is worfe, by our pretended Friends and falfe Brethren. ' This, added he, is the PafTage which is chiefly inftfied $ on to make good tiiis Branch of the Article. My Lords, * Is there not too much Truth in this Claufe ? Hath not tin; 4 Communion of the Church been rent and divided by Corns * Factious and Schifmatical Teachers in Separate Congrega- * tions, who have no Orders at all j and by others, who re* ' fiifc to take the Oaths, and will not comply with the A:t * of Toleration ; by Pcpiih Prieits, who have drawn away * Perfons from our Communion to their Church I Have not * her Sacred Orders been deny'd and villify'd by the Papiits, * who pretend, Arch-Bifhop Parker was Confederated at the ' Nags-bead i Are not her Altais and Sacraments proitituted * to Atheilts, Deiils and Sgcinians, who Communicate to f Qualirie themfelves for QrHces and places of Truit ; and yet, * is there any thing in this Claufe can Support this Article? j Are thefe Evils charg'd upon Her Majeity, or is it AfTcrted, * that thefe Mifchiefs are owing to, or proceed, from Her « Majeity'i Adminiitration ? That the next Paragraph ciu4 to maintain this Article, was in the 14th Page, where the Doctor fays, In foort, as the Engliih Government can nevei be Secure on any other Principles, but ft r icily thefe of the Chinch of England, fo I will be bold toffy, where any Fait of it is trujld in Perfons of any other Notions, they yiuft he falfe to themfeires9 if they aie true to their Irujls^ or if they are true to their Opim- ons and hitewfl, mu]l betray that Government they are &:mies ;j upon PrincijUi Indeed, we mujl do thou that Juflice, to coiij * That (ince the Seclarfts have found a way (which their Fore fa , God knows, as wicked as they were, would have abhorred) to 1. ... - low vpt only Oaths, but Sacraments, to s and (refits of it: But, let IL, M 1- jefty reach out Her little Finger to touch their Loins, and thefe. t>worn Adv erf ar'ies to Pajjive Obedience, and the Royal Family fhall fret themfelves, and Lurfe their gueen and their God, and A ill look upwards. Tnat in this Paflage there is not one "v/ord of the Church being in Danger "by Her Majelly's Ad mini illation : That he only fhew'd the. Danger the Englijb Government may be in bj OccafonalOnfonuijls put into Offices and Place? uf Tiui'i, For, Occaiional Cohformifts, who aie Diffenters, Republi- cans, Atheitts and Deiils, tiiat Communicate pnly.to qualiuc tiiemieives for Places, ii they aie - ; neii Opinions. canuoc (26) cannot be true either to the Church of England, or to the Government \ for they will be always promoting their own Principles in Religion, and their own Forms of Government in the State. That both Lords and Commons were of Opi- nion, it was not fafe to truft Occafional Conformifts with the Guardianfhip of our Church or Crown, wnen they agreed to the Bill for preventing Occafional Conformity, which Enads, 6 That if any Perfon, who had any Office Civil or * Military, or any Command or Place of Trull under Her * Majefly, or if any Perlon bearing any Office of Magiftracy, * or Place of Truft in Corporations, who by the Laws are * obliged to receive the Sacrament of the Lord's Supper, ac- * cording to the Rites and Ufage of the Church of England, « fhould after their Admifiion into their refpe&ive Offices, * and during their Continuance in fuch Offices, refort unto * any Conventicle, A llembly or Meeting, under Colour or Pre- « tence of any Exercife of Religion, in any other Manner * than according to the Liturgy and Practice of the Church * of England, they fhould, being Convicted thereof, be difa^ * bled from thenceforth to hold fuch Office cr Offices. That tho' this was never Enacted into a Law, yet, as it was the Opinion of both Houfes of Parliament, he begg'd leave to offer it as a Realbn to Confirm what the Doctor had afTerted. That he fhould trouble their Lordfhips only with one PafTage more, which was urg'd to prove this Article, which was in Page the 1 5th, where the Doctor fays, To lay hefore you the great Peril and Mifclriefs of tbefe Falfe Brethren in Church and State 5 which I Jha 11 endeavour to do, by proving that they weak~ eny nndhm'ine, and betray in themf elves, and encourage, and put; it into the Power of our profefs'd Enemies, to overturn and de^ jlroy the Conftitution and Eftablijhment of both. Adding, that the'fe Falfe Brethren are- the Occafional Conformifts mentioned in the Page preceding. That he heartily wifh'd that all who Communicate in the Church, were true Sons of the Church 5 but if, as the Doctor fuggeited, there were any that Communicated at her Altars, who diiown'd her Million, refus'd to comply with her Li- turgy, and were Enemies to her Conftitution } if Avians, So- anuins, Drifts, and almoft all Diilenters, and other Enemies to the Church, Communicated with her to get Places and Preferments in Church and State, what Prejudice the Church might receive from fuch Falfe Brethren, he fubmitted to their Lordfhips Judgments ; begging leave only 10 offer to thcii Lordfhips, what was laid by trie Commons at a Conference with their Lordfhips, upon the Bill for preventing Occajioval Conformity, and which, he hoped, in an Impeacnmem by :;:.'■ ; 1 >ns, would have fome Weight ith ;:\.'.r Lorn ; Xiiat (27) That the Commons upon that Conference were pleafed to take Notice, * That when the Corporation Act was made, the ' Parliament had frefh in their Minds the Confufions and Ca- * lamities that had been brought upon the Nation, by fuch * as pretended to be at the Tame time in the true Intereit of 4 Religion and their Country. That the Parliament by that * Act, and afterwards by the Teft Ad, thought they had * fecured our Eitablimment both in Church and State ; and * that they had provided a fufficient Barrier to defeat and * difappoint any Attempts upon them, by Enacting, That all in 1 Office jbould receive the Sacrament of the Lord's Supper, accor- c ding to the Rights and Ufage of the Church of Engiand ; and * never imagin'd a Set of Men would rife up, whole Confci- 4 ences were too tender to Obey the Laws, but harden'd * enough to Break through any. That having ihewn that the Paffag^s Cited by the Mana- gers did not maintain thi Article, and that the Doftor had not Aiferted the Chinch to be in Danger by her Majeity's Administration ^ He would next fee w, from what Caules the Doctor did fuggeft the Danger of the Church to arife • and of thefe, Schifm was one. ' That Schifm, continued he, may diffract the Church, a * Prayer lately added to our Liturgy tells us ; That Separa- * tion from the EitablinYd Church, which impofeth no fin- ' ful Terms of Communion, is Schifm, all the Learned Men * of our Church agree 5 and that there are many People in * this Nation that are Guilty of Schifm, I think no Body will * deny : Andaltho' it cannot be imagin'd, nor is it Aflerted « by the Doctor, that fuch Schifm mould grow to fuch a Head ' as to endanger the Church, during Her Majeliys Happy * Administration } yet, what ill Confluence it may be to « the Church in another Age, no Body can pretend to know, * tho{ every Body may have too much Reafon to fear. That, when Men attack'd the Articles of our Religion and our Homilies, and reprefented them as Spurious ; when they call'd the Doctrine of Non- Refinance and Vaffive Obedience a Blafphemous DoBrine, what Influence that might have nere- after upon our Governmeht, both in Church and State, their Lordihips were the beft Judges. That he fubmitted to their Lordfhips, if the Queen could be Safe, when it fhould be aver'd in Print, that there is one on the other fide of the Wa- ter that is a JureDvcino King, and hath an Hereditary Right. Could the Queen or Church be fafe, when all the whole Ad- miniitration is villify'd and abus'd, as it is in the Olfcrvator in this Manner. Country-man asks the Qiiehion, Have you any more Knaves to talk of? Obf. Honeft Country-man, what would you have vie to do ? If I w.ujl run thyvugh all the Lifts of Knaves Knaves, I pmft bring in* all the Courts, all the Employments, all the Gaffes of Publkk Affairs in the Nation, Could the Queen be fafe, when the Murder of King Charles the Firit was juftified in Print, by the Review and Obfervator ? When the JVet Martyrdom of King Charles the Firft, and Dry Martyrdom of King James the Second were faid to be all one, and no Difference between them ? When fuch Rebellious Principles were £o Publickly avow'd ? And if Her Majeity be in Dan- ger, could the Church be fafe ? That all Learned Men that underfland our Conftitution have always agreed, that there is fuch a near Relation be- tween the Church and Monarclyy, fuch a Dependance of one upon ths other, that where one falls, the other cannot ftand. Can either Church or Queen be fafe, (added he) when fo great and necelTary a Part of our ConfUtution, our Parlia- ment is (truck at ? When it fhal-1 be faid, That the Members fit Vi the Houfe to do nothing, making long Speeches without Mean- ing, and Voting Bills without deign to have them pafs ? And •when i'ucr: Rebellious Principles are broached, as 1 mentioned to your Lordffaips upon Friday lait out of the Review, to fhew {'he NecefTity of preaching the Doctrine of Paflive Obedience, viz.* If the next Parliament foould prove like this, the Nation will be fo much nearer that Qifi$ of Time, when Englim Liberty "being brought to the i 'aft Extremity, muff open the Magazine of Original Power i That thefe were fome of tiie Tilings alledged by the Doctor to be dangerous to the Church and State : Bus that the chief Caufes from whence he luggefled the Danger to proceed, were Atheifm, Prophanenefs and Immorality \ for he thus expreis'd himfelf, pag. 20. What reafon have we to- think but that the National Sins are ripen' d up to a full Maturity to call down Vengeance from Providence on a Church and Kingdom thus debauched in its Principles, and corrupted in its Manners^ and wfleadof the True Faith, Discipline and Worffip, given over to all Licenticufnefs both in Opinion and Practice , to all Senfu- ality, Hypocrijie, Lewdnefs and Atheifm I That fiom thefe Sins it v/as he apprehended the Church and Nation to be in. Danger ; and what Judgments had been brought down upon Kingdoms and Nations for thefe Sins there were Multitudes of lnltances, both in Sacred and other Hiilcries , That fame- times they had been depnv'd of the true Woilhip of God* and overwhelm 'd with Iuolatry and Maliomenatilm • That the Name of Chriit was forgot in the Place of his miraculous. Birth 3 and the Light of the Gofpel totally extingmlh d \vhere it at firtt fo glououily inin'd, by Infidelity, Prophane- nefs, and Immoral it v , May not (added he) the fame Caufes. piojuce the fame Effects* Can E'gLvu! be always iecure fion\ fuch fuch Judgments, when fome amongft us fcarce own the full terfon ot the Trinity, by whom they were created ? But inany have the Boldnefs to deny the Divinity of the Second Pe fon, by whom they were Tedeemed .* That many other fuch Blafphemies and Atheiilical Notions were daily propagated and fpread abroad among us, of which He begg'd their Lord- fhips Permiffion to cite fome few Inftances : That there is a Treatife call'd, A Irief but clear Confutation of the Dvtlrine of the Trinity ; Pagetne 9th it lays, The Divinity attributed to the Son and Holy Ghojl is unfcriptural and idolatrous ; Page the 14th, To befbori, Trinitarianifm is Polytheifm and Idolatry, if there be any fuch Thing in Nature. And a Book called Brief Notes on the Creed of Athanafnis, fpeaking of the Trinity and Incarnation, fays, A Belief in thefe Points is in no Degree tie- cejfary, muchlefs neceffary before allThm6s That the Account of the Growth of Deijin, Page 17. fay;, Many Doctrines are made necejfaty to Salvation, which it is impojjible to believe % becaufe they are in their Nature Ab\urd\tieSi Idem page 22* One of my Old Acquaintance always thought the Moral Part of the Bible very good ^ but healfo thought that by the Strength of his own Reafon% he could have writ as good a Moral himfelf. That they were Sins of a very deep Dye, and might juitly draw down very- heavy Judgments \ and altho' they were very well allured, that the Piety of Her Majefty alone is fufficient to avert thofe Judgments that are due to fuch Crimes, and that by Her Ma- jelly's Care, and the Vigilance of Her Ministers, thofe Sj^is would not grow to fuch a Head during Her Majeity's Lite, as to endanger the Church and State, yet (if not prevented) they might take fuch Root now, as might hereafter endan- ger the State, the Church, and even Christianity it felf: For as among Men, Nemo Repente fuit tuypjjbnus, fo Herefies and Schifms in the Church, Factious and Seditious Princi~ pies in the State, are not invented and arrive to the Height at once, but fteal by Degrees into the Church and State : And therefore, as in the Body Natural, fo in the Body Politick, we mult meet the Difeafe, and prevent the fpreading of its Contagion : And one of the belt Methods to do it, is by our Minillers Ihewing the Heinoufnefs of thefe Crimes, and the dangerous Confequencesthat attend them. And they Sub- mitted it to their Lordthips, whether the Dr. had any other- wife aliened the Church to be in Danger, than what might happen to her as the Confequences of fuch Sins \ and whe- ther he any where averr'd the Church to be in Danger by, or under Her Majefty's AdminiUration. That as to the Votes of. both Houfes, they durft not pre- sume to lay how far they were deiign'd to extend : But he humbly fubim-twd ts their L&rdfhips Confideration, whether s-he (30) the Vote of both Houfes in 170 J, did relate only to Tuch Suggeftions and tnfinuations of the Church's Danger i as fhould be made about that Time, or fome {hort time after ^ or whether it was intended to have a Profpecl:, and relate to what fhould be fuggefted four Years after; whereas it was impoffible for the Wit of Man to forefee what fhould happen in to long a Time. That we were then, as at prefent, enga- ged in a War with a powerful Enemy ; a Pretender, fup- ported by that Enemy, and who, fince that Vote, attempted to invade thefe Kingdoms 5 That if that Army of the French had been fuccefsful in Flanders, and the Advantage of the War had turn'd on their fide ; and if the Pretender had landed with fuch fuccefsful and powerful Army of French Papitts in Great Britain, he believ'd it would have been im- poffible to have made the Generality of the People avoid thinking both Church and State to be in Danger under thofe Circumiiances. To conclude, That if there be any thing in his Sermon, from whence it could be inferr'd that he fug- gefted the Church to be in Danger, yet if it was not done with a wicked, malicious andfeditious Intent to defame Her Majefty's Administration, and to contradict, and arraign the Relolutions of both Houfes of Parliament, and unlets fuch Intention plainly appear'd without Inuendo's, he could not be guilty within the Intent of this Article. And as to fo much of the Third Article, which chargeth that the Doctor, as a Parallel, mentions a Vote that the Perjon of King Charles the Firft was voted to he out of Danger, at the fame time that his Murderers were confpring his Death, thereby wickedly and malicioujly infinuating, that the Members of both Houfes who f&fs'd the faid Vote were then confpring the Ruin of the Church 5 He could not give a better Anfwer than the Do- ctor himielf had given to it, viz. * 1. That he doth not * draw any Parallel! between the Vote concerning the King's * Perfon, and the Vote of the two Houfes. 2. That he * does not in his Sermon mention the Vote of the two Houfes. * 3. That if he had mentioned it, he would not thereby wic- * kedly and malieioully have iniinuated, that the Members « of both Houfes,' who pafs'd that Vote, were then confpi- 6 ring ,the Ruin of the Chureh , but would have iniinuated, 6 that as fome Perfons were eonfpiring the Murder of the * King, whilft others, no way privy to their wicked Intenti- * ons, voted his Perfon to be out of Danger • fo when the * two Houfes voted the Church to be in no Danger under Her 4 Majefly's Adminillratioii, there might be fome others who ' wete eonfpiring the Ruin of the Church, and many others, who by tneir V ice and Infidelity were drawing down Uod's Vengeance both on Church and State. Mr, f ?i Mr. Dee's 1L li R. Dee, who fpoke next in the Doctor's D,> Speech. J.VX fence, begg'd leave to make a Diftinction, on the laft Article, that is, that thefe Words, Danger of ths Chv>ch, feem'd in the Articles to bear one Senfe,'and in the Doctor's Sermon another. That Danger fuggefted in the Ar- ticle, is a Danger under Her Majefty's Adminifrration ; which words, he thought, were not to be found there,; and if they were omitted, then it would itand only thus, That the Do- ctor did affirm that the Church of England is under great Pe- ril and Adverfity, and if fo, he hoped the AlTertion was not Criminal. That he could not find that the Dr. fuggefts that there is any form'd Body of Men confpiring to overthrow the Church ; but fays that there are fuch Men that are Falfe Brethren that endanger the Doctrines and Difcipline of the Church.. That there was Lome fort of Danger, appear'd by the Form of Prayer daily orTer'd up for her Safety, and there- fore a general Suggeftion of Danger would not have anfwer'd the End of the Commons to make the Dr. Criminal, without adding the Words wide) Her Majefty's Admhuft) at ion ^ and if they could fhew that the Dr. in any Part of his Sermon has charg'd the Queen with fuch Adminiftration as endangers the Church, he (Mr. Dee) fhould be very much to blame to ap- pear for him at this Bar ; but the contrary, he thought ap- pears, when he Prays for Her Life, with thefe Words added, For the Comfort and Support of this Church and Nation. That the Managers "for tne Houfe of Commons had^been pleated to fay, That the Doctor had reflected upon the* Re- solutions of both Houfes of Parliament, by drawing a Pa- rallel between the Vote relating to the Murder of King Charles, and the Vote of the Two Houfes, that the Church was not in Danger. But that to make a Parallel there mult be two Lines, a Line firit given to draw the Parallel Line to ; and that in the Doctor's Sermon there was no fuch firit Line given, for he had not in all his Sermon taken No- tice of any Vote of both Houfes. That if he had not taken Notice of this Refolution of both Houfes in his Sermon, the Law would not imply that he had any Notice of it ; for Votes are private Refolutions of the Houles,and always were fo 'till of late they had been publith'd in Print ; nor would the Printing of them infer that he had frotice of them.That the Doctor's DiilincHon in his Anfwer is very true and plain, * That he doth not charge the Perfons concern d in paiTing that ' Vote with being concern'd in that odious ana execrable ' Defign of carrying on the Murder of that Royal Prince ; * but that yet at the lame time they paiTcd that Vote, that ' bloody Dehgn was carried on by a private Juncfo of Blood- ' thiiity Men. That he did not, but fuppofmg he iliould, admit the Doctor had Contradicted the Refolutions of both Houfes, in ) Houfes, lie fubnlitted it to their Lordlhips what Crime the contradicting a Vote of the Houie of Commons, or the Kefo- Jution of both Hcutes, is. That contradicting a known ella- biim'd Law may be Seditious ; biit he iubrriitted it, whether' a Vote is fo publick an Ad, that contradicting it, at leatt without taking notice of it, be any Crime, or at lealt be faf high a Crime as to defers a Ceniure. That he might indeed,' be thought Saucy and Unmannerly to do it, or it might be a ^Breach of Privilege ; but whether their Lordlhips would in- terpret it to be a Crime, and fuch a Crime as would bear an Impeachment for High Crimes and Mifdemeanors, hefubmit- ted to their Lordihipy. That they jiopedj that notwithstand- ing any thing yet offered againit the Doctor, that their Lordlhips would be of Opinion, that the acquitting him of this Impeachment, would be a noble and convincing Proof of the undoubted Truth of that Vote, That the Church of England (of which the Doctor was a true, though an unfor- tunate Son, whillt under a Charge by the Commons of Oieaf i-utain for High Crimes) under Her Majefty's Adminiltra'* tion, was in a Safe and Flour ijbing Condition, £)r. Henchman's T"~\R* Henchman, who fpoke next in tfie .' Speech. JQj Doctor's Behalf, as to the thiid Arti- cle of Impeachment, in which he is charg'd with [Fdljly and Setttioujly fu^geftivg and :aj[er ting ^ That the Church of England is in a Condition of great Peril and Adverfity under Her Majeftfi Jdminiftratio?!.] Said, that if by thefe Words, under Her Ma- jtfly' *s ■■Jdminislratien, their Lordlhips were to Underftand, By the Cowfe and Tendency of Her Majcjlfs Mminislidtwn, that Charge, they poiitiyely tieiry'd, and allured theinfelves that the Learned Managers had not been able to maintain it,eitbtet from the general Scope and Defign of the whole Sermon, or from any particular Pa flag es in it. That if by thofe Words,* under Her Majefty's Administration, was to be understood only During the time of Her Majejiy's Adminishatioii, then they ap- prehended that there might bej Perils under Her Majelly's' Administration, which do no ways proceed from fuch Her Ad - nunilbation, and which might be mention'd without any feditious Thought or Intention of reflecting upon Her Majelly's Happy Adminiltration. That if their Lordlhips look thro* the whole Sermon, it would appear, that he Who now Hood accufed for calling this foiil Aiperfion upon Her Majeiiy, ne- ver once mentiond Her throughout this whole Difcourie, but hi Terms full of the profcundeit Refp'ect and Reference : That in the very beginning of this Seimdn,in thefecond Page tins was reckon \1 aione chief Part of that Day's Deliverance,- which he was then fokmniiing, Thdt this'grxod midjww Re- Itik ( 35 ) tick of the Royal Family fits now happily upon the TJnojie of Her great Ancestors. That in the 19th Page we find him with an honell and .hearty Zeal aiTerting Her Majefty's Right to the Throne, aiid praying God to blefs her in it ; and within a few Lines he again repeats that Prayer, That God would long treferve Her on that Thronefor this, very remarkable Reafon,£e- caufe She u the^ Comfort and Siippcrt of the Eftablified Church* That this is not the Language of one that would fuggeit and afTert, that very Church to be in a Condition of great Peril and Adverlity from Her Ma jetty's Adminiftration • nor couli their Lordfnips prefume, that any one could fo far prevaricate with God and Man, as openly to thank pod for the peculiar Happinefs that we now enjoy by Her Majefiy's fitting ba thq Throne of Her ,Ancen6rs,and to befeech him long to preferve Her there for the Support and Comfort of the EirabliuYd Church, and yet allert, that that Church is in great Adver- iity under , triat is frovi, Her Majesly]s Jdminislration. That Dangers fpoken of in this, Sermon were, either fuel* is arofe from the Infidelity and Prophanenefs, the Vice and Im- morality of the Age, or eife fuch as always had attended trie Chriitian Church from her fir ft Foundation,, and always will attend her whilft ihe continues Militant upon Earth, That there were Dangers arifing to the Church from infidelity and Frophanenefs, was already, too evident from thofe Authors I rbention'd under the Second Article, and from what the Gentlemen, who had fpoke before him had obferv'd upon this : And if it yet wanted a Confirmation, they mould beg leave to lay before their Lordfhips i black Catalogue of Pro- phanenefs and Blafphemy, not fit to be heard more than bnce„ That as to the Dangers proceeding from Vice and Immora- lity, the Laws of the Land, and the many Proclamations ifTu- fed out by Royal Authority upon that occafion, were an fm« deniable Evidence of the growing Danger to the Church on that Head, and of Her Majeity's Ipecial Care to fupprefs and prevent that Danger : Her Majeity declaring Her Royal Re- lolution to punilh all maimer of Vice, Immorality and Pro- phanenefs in Perfoiis of all Degrees whatfoever, and particu-; larly in fiich as are near Her Royal Perfon • that thefe Pro- clamations are order 'd to be read by all Minifters in their re- lpectrve Congregations, at leaft four times in every Year, and they are directed to incite and itir up their Congregations to the Practice of Piety and Virtue, and the avoiding all Immo-. fality and Prophanenefs : And that hard is tile Fate of Milliners, if they muft reprove Prophanenei's in Men of all degrees under Her Majeity's Difpiealure, and yet if they once happen to mention Men of Characters and Stations in their publick Dilcouries, that too muft be made one Pari of an Impeachment againft them. (34) rfiat it was faid, indeed by a Learned Manager, that the Pulpit was not a proper Place for Complaints of this Na- ture \ that theft things cvght not to he fpoken of in Puhiick, un- it f they could be proved 5 and if they could he proved, thofe that are known to he guilty Jhculd be profecuted in a due coiirfe of Law; But that he did apprehend it to fee the Duty of a Miniiler of the Gofpel to he infant in feafon, and out of feafon ^ to exlmt and rebuke with all Authority, and without Diilinction \ and that the Dignity of their Function, does and ought to protect tjiem in the Performance of that Duty 5 but that Minilters fhouid be oblig'd to Profecute every Offender in a Court of Juuice, was not yet known to be any part of their Office 5 and he that at any time fhouid take that part upon him, -would hardly avoid that Imputation which many People were i-eacy to lay upon the whole Profeflion. Tnat in the next place, their Lordfhips would confide* whether the Dingers mentioned in this Sermon were not fuch as aad in aii Ages, and under the belt Princes, infelted the C»auvcii. T^at he Appeal'd to the Reverend Bench of Bi- fiiop§, whether even in the Apoftles time there were not Men of unftnlle Mnids crept in among them, fome carried about with every wind 0} Vfottrinfijlicpivmg and being /fcreiuV, others teaching for Doctrines the Traditions of Men ; and whether in the imme- diate fucceeding Ages ihe Church was not miferably wrent and divided by Factious and Schifmatical Impoitors : That their Xord&ibs well knew that the Pious Care of Chriitian Enar/erors w#s not able to prevent trie fpreading. of old Er- rotSj and the conti/iual fprihgirig up of new ones ^ neither ixad Her Klajefly's peculiar Piety and Zeal prevented many Instances bfProphanenefs and Irreligion under Ker happy Ad- miniiiratiun 5 but certainly no Inference ought to be made from an Hihorlcal :., or bare Mention of fuch like Perils of tiie Cjiurch, as if that was intended to arraign the Adminiilration of thofe Pilhees in whofe times they happen 'd. That there are fuch Dangers attending the Church, even pnder Her Majqliy's happy Adminiilration, needed no other Evidence than that Form of Prayer, which by Her Majelly's Authority was directed to be us'd in all Churches, in which we befeech Cod, That no Sedition may dijlurb this State, nor Sclifnt difrraft this Church 5 and that he would give as all Grac* {ivioufy to lay to Heart the greet Danger wc are in by our unhappy Bivifionw That this Prayer particularly mentions the great Danger of the Church, in being at this time diffracted with :- 5 and he muit ttibnak it to their Lordfhips Coniidera- tiotf, how hard it was that a Minifter might not from his Pufpit mention thofe Dangers without Offence, which he was elpeci/JIycojimanded to pray againft in his Desk, C35) [ Dr. Henchn.m "having done fpeaking, Mr. Dodd beg1d leave to produce feveral Books, wherein there were the ftrangeit Opinions tliat perhaps their Lordfhips ever heard of \ and faid, tliey fhall firll confine themfelves to them which relate to Blafphemy, Irreligion and Herefie, which- they confelVd were not pleaiant to be heard,or fit to bepubli-nVd, if it were not abfolutely Neceffary for the Dolor's Defence. Mr. Fbiffs. added, they begun witn feme Mi'fceiluieous Tracts publiOVd by Mr. Edmund H.ckcrivgul : beeaule he was a Palfe Brother \ and they thought his Tracts would juftifie the Dr. in whai rie had faid in relation to the Church being in Danger, from the Blafphemy and other enormous Crimes rnmtion d in his Sermon. The Clerk having read as follows ! Parti, p. iz. The fecond Pretender to Infallibility is ths Bible : and that I admit too, fo foon as 'tis agreed which Chapter and Verfe is God's \Vord, and which not, and why. ■ For as for fome Verfes and Claufes in the Holy Bible*, the very Penmen therecf did not fometimes know very uell whether the fame were the Dictates of the Spirit of God, or: no. — -Sometimes they write Thus faith the Lord—- and not I, but the Lord Commands, So and fo : And the:: again in a Qualm or Quandary3modeiUy pretend togueinng : I think alfo, fays St. raid, that I have the Spirit of pod, Mr. Tbmkppm; one of the Managers, faid, that upon what was offer 'd to be given in Evidence, they apprehended fomething that would require their Confideration, and they dedre to withdraw. Accordingly the Managers withdrew, and then the Lords adjourn'd to their Ploufe above ; and in a fhort time their Lordfhips being returned, and Seated as before, and the Ma- nagers being alfo returned to the Place appointed for them, Mr. Thomvpm acquainted their Lordfnips, That they had con- fider'd the Nature of the Evidence open'd by the Council, ft without troubling their Lordfhips to obferve how immaterial it was for the Prifoner's Defence, fubmhted it to their Lord- fhips, whether fuch Impious and Blaiphemous Pailages as the Council were afham'd to repeat fhould be republiuYd in fo lo- lemn a manner, by reading them in Evidence before Lordfhips. Hereupon the Lord Chancellor told the Gentlemen that were of Council for the Dr. they might proceed in their Evidence, as they fhould think proper. xMr, Dodd fa Id, they thought it lb" material for the Doctors Defence, that they duril not depart from it without theit Lordfhips Order. Mr. PL: . .'.. that the Reafon that Learned Gentjerria'n gave again It reading them, was the very Reafon rh for reading them: for the Dr. a fci £he Danger cf the Church to thole Bialbhemies and Irr.: Ccz •* (30 £)oftrines and Tenets, that were fo frequently publiuYd, and which call'd for God's Judgments on the Nation, and Mr, Dee defired, that the Clerk might read in the fame Book he was reading before. He went on thus : Ibid. p. 17. For Sabbathiiing. The Sabbath, Oh the Sabbath -called by the cunning Piieil-craft, not by the Holy Scripture, the Lord's-Day, to recommend it the better to the unthinking Mob. Of all the other feven Days the Prieft's bell Market-Day to put off his Wares, and turn them into Mony. Ibid-, piii Family Duties are the next plaufible Piece of Prieft-craft Divinity, I mean praying with the Family, fnot that I Condemn it) tho' our Bleifed Saviour feems to Con- demn it by his Practice and Preaching. Ibid. p. il. Saying Grace, an univerfally cry'd up piece of Divinity, Superilition, or Prieil-craft •, for we never read that Chriit or his ApoiUes faid Grace, either before Meat, or after Meat. Ibid. p. 50. King Saul found to his coft, that he had bet* ter have difpleafed all Ifrael, than Samuel the good High* Prieil ^ and had better have rent the Cloaths off from his own Back, than have rent SamueVs Caifock — It fretted the good Old Gentleman \ and in a Paflion he faid, God hath rent from thee the Kingdom alfo, and hath given it to thy Neigh* lour that is better than thou. Ibid. p. 5r. Then the Lord anfwer'd, take an Heifer with thee, and fay I am come to do Sacrifice to the Lord: The Pulicy of Heaven, we fee, jumps with our late Prieit-craft in this, to make Religion the common covert to hide a Plot, Ibid. p. 52, 5?. His Kingdom, which was given to David, becaute he was a Man after God's own Heart, (not in Hoii- nefs, that is not meant, for belides his Adultery and Murder, his many other Sins, and cuifing his Enemies to the Pit of Hell, is unaccountable^ but after God's own Heart is a He- braifm, and in Eitgjijh fignifies as much as a Man for my turn, he will Kill and Slay as the Prieil direds, by Orders receiv'd from Heaven 3 he will fulfil all my Will, faith the High- Priefr. Ibid. Part 2. p. 4. I can by no means perceive that this Commiifioii to Teach, Baptize, Excommunicate, or Abfolve, ^oes properly or more appertain to a Grey pryar, or any Black Coat, more than to a Grey Coat or Layman. Ibid. p. 1 4. To lay, the Ufe (being for God's Service) Sanctifies it : So may a Meeting- Houle, a Tabernacle, or ray Dining- Room be Confeciated, when we pray and preacu there, or lay Grace there, pro hac v'we^ and vixs verfa, it is uncoiifeciated when Dinner- time comes, or the Punch Bowl. Then (37) V.en Mr, Dee faid, the Rights of the Chrifcian Church was the next Book they fhould offer to their Lordfhips, whereupon the Clerk read what follows: P. ro^. At the clofe of the Supper, the great Meal with tViem, the Mailer of the Feaft diicributed among his Gueirs fraall pieces of Bread ; and having firft drank of tne Grace* Cup, deliver'd it to be handed about : To which Chriir, who Instituted no new Rites, fuperadded the Remembrance of his Sufferings ; and directs his Difciples, as often as they did this, that is, Celebrate fuch Feltivals, and clofe them with he Pofi-ccsnium, to Commemorate him after this manner. Ibid. p. 101. Does not every one, as well as the Miniffer, equally apply the Bread and Wine to the fame Holy and Spi- ritual life, in Commemorating the Benefits received by our Saviour, and in offering up the fame Prayers, and defirmg the fame Blefiings ? And whoever does this with a due Ap- plication of Mind, rightly Confecrates the Elements for himfelf, fince this is the only Confecration they are capable o^: Any thing further than this may rather be called Conju- ration than Confecration. The next Book faid Mr. Dee, we offer to your Lordfhips is Blount's Oracles cf Reafon : And accordingly the Clerk read the following PalT-ige. Preface p. 3. Reafon is able to furniih us with enough to. make us happy, and that is as much as we need care for. Ibid. p. 165. When he made his CavaJcade upon an Jfinego, they extoll'd him as the Dd'cendant of King Ibiii; but his untimely Apprehenfton and D^ath, together with his Neglect to improve the Inclination of the People to make him King, did allay the Affections of the Jews towards him. Ibid, p. 49. It feems a very cruel and very hard thing ia this refpect, that God fhould be faid to have tormented, nay, and ruin'd Mankind, for fo fmall a Fault, and that too com- mitted thro' the Levity of a Woman's Mind. The next Quotation was out pf ;I}r, Burnet's Jrchaologia Sacra, P. 2p6\ CI e>h Reads.] Id ut\q\ videtur graiijjmum, & af- perriminii in hac Narranone, quod Gent em bumanam picxiffe, imo perdidijfe dicatur Deus ob rem exiguam, gf fenijnilis IvgeuuUvi- tau p ipettfltamt Ccj Th& (38) The next out of am Account of the Growth of Deifm. P. 191, 192,, 195. Clerk Reads."] But fince the Gofpel Sim-- plkity has been worn off, the Prieits of all Churches have a- jpeid', fir It, That it is -neceiTary for all Chriflian People to Communicate at the Lord's Table. Secondly, That this Sa- crament cannot be rightly Celebrated without the Ailiilance of a Prieit, who mult Confecrate the Elements to the ufe for which they are defigned £ whereby the Prieil is made abfolute- ly neceiTary to the very Being of the Sacrament. The Prieit alfo making himfelf Judge of every ones Pieparation for this Sacrament, has it in his Power to admit to a Participation whom he thinks fit-, as like wife to exclude whom he pleafes from this neceffary Means of Salvation : And hereby he is enabled to make his Terms with the People, who muil be contented to lave their Souls upon what Conditions he will admit. No wonder then, that fo great a noife has been vna&e concerning this Sacred Commemorative Repair. That Chriflian Communion which you read of as pradtifed in the Apoitles Days, was nothing elfe but a Religious Converia- tion of Chriiiians one amongil another. 'Twas for Society- fake that they went from Houie to Koufe, that they ate and drank together frequently— Now it's plain, that this fort of Religious Couverfation may be kept up among Chri- iiians without either Prieit or Altar, or any let Form of Prayer, or Praife. It was long after the Apoilles were dead and buried, before the Temples were built, and Altars erect- ed, or let Orations were made to the People in Churches. And what if you fhould further con fider, if there be any part of this Primitive Church-Communion that might not have been performed by a Woman as well as a Man When the Primitive Chriiiians met together to break Bread, from Houfe to Houfe, had any of thefe Women craved a Bleihng on that Bread, we have no reafon to doubt but that God would have :ieard her Prayer, The next out of a Letter concsmhig Enihijiafvi, pa ^9. Clerk Reads.] Is the doing good for Glory's fake io Divine a thing ? Or is it not diviner to do good even wher-e it may be thought inglorious, even to the ungrateful, and to mole who are iii&rtilbk of the good they receive? How tomes it then, that what is. lb divine in us fhould lofe its Character in the Divine Being ? And that, according as the' Deity is represented to us5 .he ihould more refemble the Weak,' Woman iih, and impotent Part of our Mature, than the Gene- f$$$\ Maiily and Dhm^ I Ibid* (39) Ibid, p. 60. One would think it were eatie to underftand, that Provocation and Offence, Anger, Revenge, Jealoufie in point of Honour, or Power, love of Fame, Glory, and the like, belong only to limited Beings, and are neceilaril/ ex- cluded a Being which is perfect and universal. Ibid. p. 61. It is Malice only, and not Goodnefs, that can make us afraid. Ibid, p. 62. So that we have only to conftder, whether there be fuch a thing as a Mind that has relation, to the whole, or not: For if there be no Mind, we may comfort our felves however, that Nature has no Malice. Ibid. p. 63. For no Bcdy trembles to think that there* ihould be no God, but that there fhculd be one. Ibid. p. 69. I am not a Divine good enough to refolve what Spirit that was which proved fo catching among the ancient Prophets, that even the Prophane Seal was taken by it. The next out of a Book, call'd, & Brief hit Char Confu- tation of the Dottrine of the Trinity. p. 9. Clerk Reads.] The Divinity attributed to the Son and Holy Ghoft, is unfcriptural and Idolatrous. Ibid p. 10. This one Fundamental falfe Principle, as well with Jews and Jwksf as Heathens, has done more Mifchief to Chriltianity than all our other Errors belides. Ibid. p. 11. For my part, I declare I (hall never more ad-, mire at the Abfurdity of either Papills, Turks or Heathens ; be they as grots as they will, I am fure they will never be a- ble to exceed this Doctrine. Ibid. p. 14. To be fhort, Trinitarianifm is Pplytheifma and Idolatry; if there be any fuch thing in Nature. Revelat. 17. 5. And iipon her Forehead was a flame written, Myflery, Babylon the G; eat, the Mother of Harlots, and the dr hminations of the Earth. And to what, I pray, in Popery can that Word Myftery there lb properly relate, as to the Trinity I The next out of Bnef Notes on the Creed o/Athanafius, p. 7. Clerk Reads.] A Eelief in thefe Points, that have been always controverted in the Churches of God, is in no. degree neceilary, much lefs neceflary before all things.' And now 1 appeal to all Men that have any iieedom of Judgment remaining; whether this Creed is lit to be retain'd in any Chriltian, much lefs Protectant and. Reform'd Church ? Since it fubverts the Foundations, not only of Cc ^ Christianity.,. (40) Chrfftismty, but of all Religion, that is to fay, Reafon and ^Revelation. >' Then Mr. Dee mentioned a Book mark'd with the Letter L, caird, Aii Account of the Giowth of bcifin, out ot which the Clerk read what follows j* p. 17. Many Doctrines are made necelTary to Salvation, which it's' impoflible to believe, becaufe they are in their Nature Abfurdities. I reply'd, that thefe things were My- ileries, and fo above our Underitanding. But he ask'd me, to what end could an unintelligible Doctrine be revealed r "Not to inftruct, but to puzzle and' amufe. Ibid. p. iz. One of my old Acquaintance always thought the moral part of the Bible very good, but then he alio thought that by the Strength of his own Reafon he could have written as good a Moral himfelf. Ibid, p 24. If you look over the State of Religion, as it ftandeth in Chriitendom, there is no Church whatsoever which will accept you as a Member of its Communion, biit upon fome particular Terms of Belief, or Pradice, which Chrift never appointed, and it may be fuch as an honeft and wife Chriftian cannot content tO-— — It looks like a Trick in all Churches to take away the ufe of Mens Reafon, that they may render us VaiTals and Slaves to all their Dictates and Commands. But what greater Slavery than to force on Men a Belief of fuch things as neceflafy to Salvation, of which it's not pcflible to rorm any Idea ? Though! am fatis- fied there is no fuch Thing as a Change of Bread into the Flefb of Chrilr, yet I can form an Idea that fuch a Thing may be, that the fame Power that changed Earth into a Man, may change Bread into Flefh; but I can frame to rny fell* nO Idea of what your Church teacheth in the Sacrament, Z/^r the Body and Blood of Chrifl are verily and zndeed taken and received cf the Faithful. And when I ask, how can this be underftood by a Protectant who believeth that there is no other Body but that of Bread ? I am told that the Church means it iiva Spiritual Senfe. Now 1 have try'd, and find it impoflible for me to form my felf an Idea of a £>ody verily and indeed in 3 Spiritual Senfe. Ibid. -p. 2,5. Your Church will require me to believe other Abfurdities as bad as thefe ; as that Kings and Eifhops have a Divine Right to thar Power which they exercife over us; whereas with my own Eyes, I law our great and gracious Xing accept trie Crown of England as the Gift of the People. And 1 fee as plainly that Biinop's are an Order of Men of their own (uot of Chrili's ) making. (4') Ikid. f. 26. I can find no Footfleps of any Jurifdiclion given to the Twelve over the Seventy, or indeed over any Body elt'e. The next faid Mr. D:e, is, The Hijloiy of Religion, where- upon the Clerk Reads. *. Ho. Strange and puzzling Methods of religious Cere- monies and Myfteries, and of various Rights of facrificing, good for nothing but to confound and diitradt the Minds of Men. Ibid. p. 5 1 2. In very deed, Creeds were the Spiritual Re- venges of Diffenting Parties upon one another. Mr, Dodd, having in the next Place call'd for AfgyVs Ar- guments, the Clerk Read. ' p. ?6. God told Jdam, that if he did eat he fhould die ; the Devil told five, that they might eat and not die ; and thefe were the firft Words fpoken to Man by God, or the Der vil 5 upon the Truth or Falihood whereof, the very Beings of than both were to depend for ever: For which ever of them could maintain the Truth of his Word againft the o- ther, he mult have been God, and the other the Devil, And therefore God, having turn'd the Lie upon the Devil, he is from thence call'd a Liar from the Beginning, and the Father of it, and will never be believ'd again for ever. God could not have difpenfed with his Word, without complement* ing the Devil with his God-head. Ibid. p. Si, What is it that you do, or would believe of Chriit, or in Chrilt ? Jnfw. Why, we believe him for our Sariour. Save you! from what? Why, from our Sins. WhjT, what Hurt will Sin do you ? Why, it will kill us. How Co you know ? Why, the Law of God faith fo. In thtDjv thou catcjl thereof tbou Jbalt die* Why, but then will not this Sa- viour fave you from this Law, and from this Death ? No, he'll fave us from Sin. Why, then it feems you have got a Pardon for Horle-Stealing with a Non-Objhnte to be hanged. Do but fee now what a Jelt you have made of your Faith. And yet I derie the Order of Priefthood to form a better Creed than this, without admitting the Truth of my Argu- ment, or to make Senie of their own Faith without adding mine to it. It's much ealier to make a Creed, than to be- lieve it after it's made : Nor can any Man really believe any Part of theGofpel that doth not believe it all. For it is a Doctrine l'o dependant upon it f el f , that unleis we know the whole of it from the Beginning to the knd, we can't know the Ufe and Reafon of any Part of it. Wherefore (not- Vithilanding this Inundation of Death in the World, and the (42 ) the Infection of Fear contracted upon Man from hence) I at not affrighted from re-affuming my Affertion at the Begin xiing, That this long PoiTeffion of Death over Man, is a Poi feffion againit Right. Ibid. p. 97- Behold, ye Defpifers, and wonder ! Wonde at what ? Wonder to fee Paradife Loft, with the Tree o Life in the midft of it / Wonder and curfe at Adam for an O liginal Faft, who in the Length of one Day, never fo mucr as thought to put forth his Hand for him, and us, and pull and eat, and live for ever. Wonder at, and damn your felve? for Fools of the laft Impreffion, that in the Space of 170c ' Years, never fo irrucli as thought to put forth our Hands eve- ry one for himfelf, and feal and execute the Covenant of E- ternal Life, and live for ever. Ibid, p. 98. To be even with the World at once, he that wonders at my Faith, I wonder at his Unbelief. ^And ftare at me as long as you will, I am fure that neither my Phy- iiognomy, Sins, nor Misfortunes, can make me look fo un- likely to be tranilated, as ray Redeemer was to be hanged. The next Quotation was out of a Book call'd, Ckijtianity W>t Myfterious, as follows : p. 80. God himfelf, nor any of his Attributes are My- Series to us for want of an adequate Idea: no not Eternity. Ibid, f. 107. As far as any Church allows of Myfteries, fo far it is Antichriilian, and may with a great deal of Ju- stice, though little Honour, claim Kindred with the Scarlet Whore. ibid. p. 134. For to fpeak freely, Contradiction and My- flery are but two Emphatick Ways of faying nothing. Contradiction expreffes nothing by a couple of Idea's that deltroy one another, and Myitery expreffes nothing by Words. that have no Idea's at all. Ibid. p. 156. It will not be amifs to lay down a fhort Pa- rallel of the ancient Heathen, and new-coin 'd Chriftian My-. iieries. And I fhall endeavour fo to do it, as to make it e- vident they were one in Nature, however different in their Subje&s. The next out of Sermons and Eflays of Mr. Wljifion\ thus : p. 213. When the Scriptures fpeak of the one God, or of one God, they plainly and diftinctly mean, one Original fountain and Author of all Beings whatsoever j or mean eby one Supream God, the Fathei only. Ibidp.zx"). The Moderns call'd theie three Divine Per- \oii5 but one God? and fp introduced at leait a new, and un- fcriptural5 (43) fcriptural, and inaccurate, if not a falfe Way of fpeakmg in the Church. Mr. Dec having taken Notice, that this Author makes it an Errata, that he has nam'd the Trinity, and put it out of the Book, the Clerk Reads. Ibid. f. 415. Errata. Pag. 123. lin. 23,24. To whom ] with the Father, and the Holy Gholr, read, in the Holy Choir, and dele three Perfons and one God. The next was out of The Unreafonahlenefs of making and im- pofmg Creeds, p. 14, 15. Clerk Reads.] But what Creeds and Articles of Faith can be produced that are not doubtful and difputable ? That which goes under the Name of the Apoftles not except- ed. It being neither of undoubted Authority, nor indifpu- table, or unambiguous Senfe in Come Articles thereof; though it be generally received by Chriftians as Venerable for its Antiquity, and profefied, or rather faid, by all, even thofe who underitand not what they fay when they recite it. The next out of, An Account of the Growth of Deifm. Vage. 25. Clerk Reads.] If thofe Writings which they call Holy Scriptures are of their Side, as they all fay they are, f make no doubt, but they are of their own inventing. And if Jefus Chriit their Patron laid the Foundation of thofe Powers, which both Papiil: and Proteflant Clergy claim to themfelves, from under him, I think the Old Remans did him Right in punifhing him. with the Death of a Slave. Then Mr. Phipps faid, they fhould next mew fome Papers that reflecT: on the Church and Clergy, and firit the Rijjts of the Chijlian Church. p. 47. Clerk Reads.] Not only an independent Power of Ex- communication, but of Ordination in the Clergy, is incon- iiftent with the Magiftrates Right to protect the Common- wealth. Ibid. p. 104. The Scriptures no where make the receiving the Lord's Supper from a Prieit neceffary ; nay, not one In- itance of the Laity's receiving it fo can be produced from thence. Ibid. p. 2,37. It can belong only to the People to appoint their own Eccleiiaftical Oncers.— It's an inherent fundamen- tal Right of all Communities. Ibid. p. 240. None pretend to impofe a Conductor or Di- rector on another in Temporal Affairs, but every one is left to Manage them, as he thinks bed ibr his own lntereir, as be- ing (44) ing preftimed to underftand it better than another; and there* fore is to chufe his own Lawyer, Phyfician, Brewer, Baker, &e. and by the fame Reafon he ought to chufe his own Spiri- tual Conductor. Ibid. p. 137. It's abfurd to imagine every Chrirtian is not capable of fucji Cirpumitances, as praying aloud, distributing the Bread and "Wine, or (according to the prefent Modejf of fprinkling an Infant, and repeating a fet Form of Words. Ibid. p. 401. Have they notincerted this Power of theirs in an Article of the Creed, commonly called the ApolUes, viz, J believe the Catholick Church, We fhall next offer the Review, faid Mr. Dee, whereupon the Clerk read. Vol. z. Numh nz. p. 447, 448. Whether our Fathers had a Neceflity to make thofe exclu- five Laws, and impofe as necefTary their different Things ac- knowledged to be fo, as Terms of Communion : Nor is this all, but fuppohng they had, which neverthelefs I do not grant ; then this Addrefs is .further prefs'd to your Lord-. Ihips, to examine whether that Neceflity does yet continue, or no ? either of which will be the fame thing ; for if there either was not a Neceflity at the time of their Enacting , or that Neceflity does not yet remain, let which will happen to. fall out, the Act of "Uniformity, impofing fuch and fuch in- different Things, as Terms of Communion, will appear Scant dalpus to the church, Injurious to the publick Peace, and a Grievance to the whole Nation. Ibid, Vol. I. Numh. 127. p. 106.. Left it he come a new, proverbial Jejl% Jo be as wicked as an Englift) Prieft. Ibid. Numb. 27. p. 107. I cannot but tell him, fhould I publiih the Matters of Facl which I am Matter of, with Reflect to the High-flying Gen- tlemen of the Clergy ; fhould I give a faithful Account of the moft Infamous and Scandalous Behaviour, the Notorious Lives, the Beaftly ExcefTes, and the furious Treatment of their Brethren the Dillenters, which on a i'mall fearch I have been acquainted with } the Inferior Clergy of his Party would appear the moil wretched, provoking, abominable Crew, that ever God fuffered to live unpuniuVd, fince he deflroyed Sodom and Gomoirha by Fire from Heaven. Ibid. Vol. z. Numb. 105. p. 418. If Words could be made Trealon, one third at leaft of the Inferior Clergy in England would b.; hang'd. Bid. f 45) Ibid. Vol. z. Numb. $6./>. 142. I again Appeal to you, Gentlemen, Whether, generally I fpeaking, all over this unhappy Nation, the^ Clergy are notj I three Fa^ts in five, in a clofe Conjunction with the Enemies of the Church's Peace, and the profefs'd Enemies of the Go- vernment f Ibid. Vol.6. Numb. 118. _p. 471. Others, not fo directly, but altogether as fatally, and tend- ing to the fame End, with fubtle Deiigns to divide and a- niufe the People^ by Preaching, Writing, and Printing, en- deavour to revive the faid exploded Doctrines of Non-Refift- ' anee, and abfolute uncondition'd Obedience, as things the 1 People of England ought to think themfelves oblig'd by \ which tho' in themfelves of no force, yet manifehly tend to unravel the Conftitution, to invalidate the Queen's Title to i the Crown, and deftroy the legal Authority of Parliaments in the Nation. An eminent Proof of which is now depending before the Houfe. lb. Numb. 93. p. j/T. Drunkennefs, Oaths, and abominable Lewdnefs ; Igno- rance^ Negligence, and fcandalous Infufriciency ; abhon'd Error, Deilmand Socinianifm, have over-run the Clergy. Obfervator, Vol. 4. Numb. 89. You know the Church he means is High-Church, which is a Fiction, a Church of the Brain, fupported by a little, infignificant, trifling Number of Brainlefs People \ and the People of England are no mere concern'd about that CLurcn, than about the Inftitutions of Government laid down in Moor's Utopia, Harrbigton's Oceana, or Bacon's New Atiar,:~ : and all the Canons, Rites and Ceremonies of that Church are no more to be coniirier'd by you, or me, than fo many Bal- lads, or Duck-lane Penny Hilrories. Ibid. Numb. 67. The Univerfities have large Endowments, which I fancy may be better employ 'd for thepublick Good than at pre- fent. Let you and I Vote them ulclefs. CoujitYj/M. With all my Heart, Maner. Then Mr. Dodd faid, That the next tiling they (hould go upon, was to fhew feveral Paifages which reflected upon the Queen, the State, and Miniitry. Review, Vol. z. Numb. So. p. 319. Clerk reads.] In fnoit, if Jure Divvio comes upon the Stage, the Queen has no more Title to the Crown than my Lord Mayor's Horle : ail the People are bound by the Laws of God to Depofe ner as an Ufurper, and re::o;e their Rightful an's while to meddle with it. Obfervator, Vcl. z.Numb. 89. Country- M. Pray, Sir, are there a great many of thofe Peo- ple alive that cut off the Head of King Charles the Fitft ? Obf. No, no j they are dead and gone a long time ago* However the Story ferves fome Men as Raw-head and Bloo- dy Bones, to affrighten fome, and calumniate others. Now for my part, I know nothing of the Buhnefs of King Charles I. I was born fince the Reiteration, and I have fo high a value for the Prudence and Juilice of our Forefathers, as not to condemn any of their Actions for the common Good. We are unkind to our felvesin cenfuring the Juilice of our Fore- fathers Actions, and thereby do give a Handle to cur Sue- ceffors to cenfure ours. Did our Forefathers detruncate the Father f Did not we depofe the Son, and put one more Righ- teous in his Head ? Did we not divert him of all his Regali- ties,' (47) ties, and make him a Fugitive on the Earth ? And may not future Ages examine the Difference between the Decollation and the Abdication ? lb. Vol. 4. Numb. 97. I recite this to let you know the Encouragement the Pa- pifts have had in this Reign , when by their Intereft they can get fuch as write againft them Profecuted, &c. Ibid. Should I tell you, honeft Countryman, the Accounts I have had of the Numbers of Popifh Priefts and EmiiTaries come into England thefirft two Years of HerMejefty's Reign j it would make your Hair Hand on End. Ibid. Vol. 3, Numb, ij. They would have but a forry Foot Soldier of the Obfer- vator And yet I have been where thofe People that would (end me durft not come, and where perhaps I have commanded better Men than themfelves. It has been my Fortune to be in a fighting Army, under a General that we now dearly want ^ who did not ufe to return from the War, fine Clade Vittor } and then ride in Triumph over his Queen on a Medal. Ibid. Vol. 3. Numb. 99, I am forry that the Folly of fome, and the Bribery of o- thers, have brought us into fuch amazing and difmal Circum- fiances that either our Liberties mult be loft, or bemaintain'd by a Body that is neither of us, nor from us. Ibid. I fhall produce my felf as an Example of the Arbi- trary Power of this Parliament ; and the Man that does not acknowledge their Proceeding againft: me to be Arbitrary, muii aiTert, that an Arbitrary Power was never executed. Ibid, Now if this ben't Arbitrary, I don't know what to call fo. The Spanijh Inquifitors have fo much Regard to Juft- ice, or the Shew of it at leaft, that they'll fuller a Man to fpeak in his own Behalf, &c. Now, Countryman, do but confider my Cafe ; I was fentenc'd to the Lois of my Liberty without being heard. Ibid. Which plainly lhews that what the Commons con- demn'd me for would not bear an Action at Law. Ibid. My Intent is to inform fuch as you, honeft Roger , how much you have been abufed by your Reprefentatives. Ibid. This Parliament is the very Reverfe of former Par- liaments ; as they were merciful, this was cruel ; as they made good and wholefome Laws to prsferve the Liberties of their Electors, thefetook away the Freedom of their Electors without any Law 3 as they us'd ali Means to keep their E~ leclors out of Jayl, tnefe ufed ail Means to put 'em into Jayl. nu. (43) Ibid. Vol. z. Numb. 99. £>£/. tabncft Country-man, what wou'dft: thou have jne co ? If I muft run thro' all the Lilts of Knaves, I muft bring in all the Courts, all the Employments, all the ClafTes of publick Affairs in the Nation. Review, Vol. 2. Numb. z. p. ?. I really find the State of England in general to be thus. Its Trade under a fehlible miferable Decay in all its Branches: — — Its Navy great and flourifhing, but all her well-laid De- fighs either defeated in their Preparations, by the miferable Methods, and ill Government, with Relation to Seamen, or difappointed by the ill Conduct or Cowardice of her Com- manders. In civil Concerns, in the utmoft Confufions of Parties — : blending together the molt abfurd Contradicti- ons, fucli as propagating Religion by a fcahdalous Miniiiry ■ reforming Manners by debauched Magilnates, arid chii- fing men to make Laws, by Bribery and COrruptiori. The laft Quotation offer'd that day was out of, The Divi?ib Rights of the Britilh Nation vindicated, as follows. Pj^. 105. And if he will but flay tilHhe end of this pre- fect beilion of Parliament, he'll find federal new Powers an- nex'd to the Regal Office, and perhaps fome ma'de void and tepeal'd for the Publick Good. After this Mr. Dodd faid, they had done with their Proofs; and gone over the heads of BlafphemV, Irreligion and He- refie ; the Church, the Queen, Miniltry, and all Orders of Men reflected upon ; Adding, they had cited tliefe Books and Railages not to reflect on the Government, but as rhofe which put the Doctor in lbme Keat and Concern both for the Church: and State, arid they hoped their Lordfiiips would make the belt Conftructioii of the Doctor's Intentions in this Matter. Mr. Phipps faid, that If Blafphemy and Irrtligion can endan- ger the Church, if Treafou and Rebellion can endanger the Nation, He thought, with great Submiffioh, the Doctor had made good his Artfwef, and therefore was not guilty of any Pait of this Article. Then Mr. Dee begg'd leave that they might apply fome part of the Proofs they had read that Day to the Fourth Article. And Mr, Phipps having acquainud their Lbrdihips, that the other Article would be longer thai* would be lit to trouble their Lordfiiips with now : they mould be ready to proceed when it was their Lordihips PUa~ lure : Whereupon the Lord: JJhuvncd to their Hovfe above. On C 49 ) On Tucfday, March the Seventh. THE Lords coming down into Weftminfter-Hall,7 and being feated in the manner before mentioned^ the Commons and their Managers having taken their Places, the Queen being pre fent, and Dr. Sacheverell appearing at the Bar with his Council, the Lord- Chan- cellor told the latter, they might proceed in his Defence; Mr. DcddVT X 7Hereupon Mr. Dodd feid, That the Fourth Speech. V V Article contain'd. feveral Heads, i. That the Dotlor fuggefls, Her Majefty's Adminiftt ation tends to the Definition of the Confiitution. . z. that there are Men of Cha- racters and Stations in Church and State, who are Falfe Brethren, who undermine and betray, and put it in the Power of otheis to overturn and d.eftroy the Confinuiion. 3. That the DoSor. charges Her Majefy, and thofe in Authority tinder Her, with A General Male- Adminiflrat ion. 4. That he perfwades the Suhjefts to keep up a Diftinttion of Fattion and Parties, infiills Jealoufies% foments Bivifions, and ft its up the Subjects to Arms, and perverts feveral Texts of Scripture. That as to the firir, the Dock* was fo far from fuggefting, that Her Majefiy's Adminiftra-, tion tended to the Deltrudion of the Conftitution, That he had hot faid any thing that could bear fuch a Con ft ruction. That the Dodtor denied that he had made any mention of Her Majefty's Adminiltration in Church or State in his Ser- mon ; therefore how could he argue that it tends to the Dfe- itructicn of the Conititution ? That he took all Opportunities to fpeak of the Blenmgs we enjoy under Her Majefty's Go^ vernment j pray'd for her Prefervation, and that Ihe ma/ long Reign fur the Comfort and Support of the Church ; and profefs'd what he fpoke proceeded from a tender Concern for Her Majefty and Her Government : So that there was little Occafion for fuch a Charge again!! him. .. That the Second Part of the Article is. That there are Falfe Brethren that are Men of Chara&er and Station in Church and State, who wide} mint and betray, and put it in the Power of others to overturn and dejlrcy the Covjlitution. That the Falfe brethren by him defcribed, are Peribns who propagate falfe Doctrines, who give up the Diicipline and W'orihip of the Church, who are for Neutrality in Religion, or who wife well to the Church, but do not (hew then Zeal in obeying her Precepts, and defending her Rices, That thefe are ihe 0 d faifi r so; f itfc Brethren int elided, which was very different from the? Allegation in the Impeachment. That as to that Part of the Charge, of putting it in the Power of others to deftroy theConjiitu- tion, he did not mention Men of Characters and Stations in this Place :, but in Page 15, where this PaiTage was fuppofed to be contained, and yet it is twelve Pages after before thofe "Words were mentioned. That they were not join'd together as was fuppos'd by the Article, which was a Conjunction of Patfages not relating to one another. That the Betrayers of the Conflitution, to whom the Dr. did refer, were fuch as by Writing endeavour'd to fubvert the Foundation of our Church and State, fuch as were of a Latitudinarian Principle, who neither believe her Faith, own her Mijion, fuhtit to her Dif-* eifline, or comply with her Liturgy : not fuch Perfons or Things as are pretended by the Article. That as to aj^eneral Male Jdminifl) at'wn under Her Majejly, he abhor'd the Charge, and had no where faid it. But al- ways, as a good Subject, mentioned Her Majeity with the profoundeft Duty and Retpect ; nor did he tax any in Autho- rity with a Male Adminifiration ^ That the Dr. has on all Occafions, as a good Subject, jultihed Her Majefty's Title ; and particularly at the Beginning of this War, he Preached a Sermon at Oxford before the Univerfity, therein juflifying Her Majefty's Title to theCrown,and Her entring into the War againft France and Spain : That as to the charge of endea- vouring to keep up Dillinction of Parties, he was fo far from it, that he complains of thofe that have divided us with a Piftinctien of High and Low- Churchmen ,they have vUlainouJIy divided us with Knavifi Dijlinclions \ and what could he mean by all this, but a Service to the Government, and that they which raife fuch falfe Infinuations, fuch Fears and Jealoulies,- ztt the People he intended and complains cf ? And as he has done that, fo he took all Opportunities to pray that we may be one Fold, under one Shepherd :, and tnat all invidious Diuinftions might be laid afide, That the next thing was,* the railing thete groundlefs Fears and Jealoufies that were fuggeiled : That as to that, the Pailage they read before was quite eppofite -y the Dr. rebuking them that do it as III Chri^ ftiansj and III Snbje&s \ and as to llirring up Her Ala jelly's Subjects to Arms and Violence, he abhor'd it, and through^ out his Sermon afferted the Doctrine of Hon- Refinance, which & quite contrary to this part of the Charge, altlio' he con- ceived it to-be the Ground of the Impeachment. That there was Notice taken of a Pailage (that has little ir. itjexckrhg ChViiilaus 10 put on the whole Armour of God : But hue that being diftrngurfh'd rrorrj the Arms of P'lefli and £':.:>./ Jt could abl be lb isiiilnterpreredas to be under- Ji'jocl flood of any earthly Power whatfeeve: .' For as it is fti fhe Scripture, fo it was in the Doctor's Sermon, the whole J.- mom of God i Futknce, SuhniJJlon^ &c. That as to the Charge of perverting feveral Texts of ooip- ture to make ill ImpreiTions on the People, he denied it, and had no ill Imprefiion to make on any Perfon whatfoever ; His "Work being to do good, and make good and religious Im- preflions on his Hearers. Bill he thought it hard when he cited Texts of Scripture again ft Vice and Immorality, by a Conftruction in Prejudice of the Preacher, thofe Texts mould be faid to be applied to particular Perfons. That the Story of the Prophet in the id ct Kings, chap. 6. as Printed in the Doctor's Sermon,was miftaken j but the two Reflections made upon it were very unnatural, and not credible. The fir ft In- ference was, that he had it by Hearfay, and that he had not read it : But fure, their Lordfhips could not think,, but that he, that was a Doctor of Divinity, and had been a Student in the Univerfity of above 20 Years handing, and constantly keeping to the Church, had read every Chapter of the Bible \ but then it was tum'd the other way upon him ; that, taking it to be fo, then he reprefented himfelf to be the Prophet that could fee the Danger, and made the Lords and Com- mons the People that were blind. That this he fuppos'd, was intended to be wittily faid ; but if it were ferioufly, and without Raillery con tidered, there was no Wit or Senfe in it. That he mention'd not the Lords and Commons at all i but true it was, he, as a Preacher, warn'd the People to have their Eyes open to fee the Dangers of Sin and Vice \ fo that they apprehended there was no Ground from that PaiTage to charge the Doctor with corrupting the Scripture. That the next Text that was quoted again ft the Dr- upon this Head was, Blow the Trumpet in Sion, found an Mark ; That it was urged by the Gentlemen Managers, That this could be for nothing but for War, and this 'twas pretended was only to be done in time of War, when the Priefts with the Silver Trumpets were to found to Battle, But that this could not have that Conftruction 5 for whoever look'd into the Scripture, particularly into the Prophet Joel, and other Places, wnere that Exptemoh is ufed, would find it is to pro- claim a Fait : That trie AiTuiion is carried by an Elegancy t® the Trumpet, to fhew the generality of it, and that ah the People mould bumble themfelves before the Lord : And to make this Sedition, to infer it to be to excite the People to War and Rebellion, was not right Reatoning, nor Was there the leait Colour for it, That another Quotation was much preiTed upon the Dr, where fueaking of the Church, he cites tr.at Paitage out of (50 the Lamentations ; her Mverfaries are chef, and let Enemies at prefent pro/per : As if the Dr. had an Eye in it on the Mi- niilry. But this they thought, was (training the Words be- yond their Senfe or Meaning ^ for, full, he did not fay her Adverfaries are the chiefeft, but in theloweft Degree of Com- parifon her Adverfaries are chief, that is, that amongft her Adverfaries there are fonre confiderable Perfons, fome Men of Eftates and Figure. That this, they thought, appear'd the Day before in the Pamphlets that were read, fome whereof were fuppofed to be wrote by no mean Perfons 5 that the Dr* cited the Words of Scripture, and they thought it could have no ill Cqnftru'ction. That as to the fecond Part of the Exprefiion, Her Enemies at prefent popper, they were the Words of the Prophet, and how true in the prefent Cafe they m&ft fubmit to their Lordlhips, upon what had been al^ ready offered, whether any ill Conflruction can,- or ought to be made of them. That neither the firil nor fecond Part of thefe Words are determined to any particular Perfons* and fo they hoped no Offence could be taken at them, nor any fuch Inference drawn from them, as had been endeavoured to be reprefented to their Lordfhips. That the Doctor de- clared in his Sermon, that he hoped what he had fpoken would he without any Offc7icei as it proceeded from an honeft and good Intention, and a tender Concern for Her Majeftfs Per/on and Go- vernment, and an hearty Zeal for the Honour and Safety of our excellent Church and Covftitution : And fo they hoped their Lordfhips would conllrue and intend it : Concluding, that they would read no more than two or three Proclamations -, the fir ft againft Vice and Immorality, and to ftir up Magiflrates to take care to execute the Laws. A fecond taking jSotice that Her Majefty's Command had not been obeyed, nor the Laws executed to fupprefs Vice, and commanding the Ma- giflrates to be careful to do their Duty herein : And, third- ly, a Direction that this Proclamation fllould be read to the People out of the Desk : And pure, laid he, the reading them there, and preaching them, or the Subjeft Matter of themy 7n the Pulpit, are conpfient together. Mr. Phipfs- TL ji R. Phipps who fpoke next, faid, they Speech. IVjL thought there was no Neceffity of giving any Anfwer to tne Fourth Article of Impeachment, becaufe they apprehended there was not any Offence charg'd upon the Do:tor in that Article 5 for the Article faith, that the DoBor doth falfely and malicimify fvggeft, &c. That to fuggeit can' amount to no more than to inlinuare, and is far Ihort of an^ Averment or Aiieitior.5 and whether a bare Suggeition or la-fi/iuation- can be a fuificieiit Foundation to ground an law geachaienr^ (53) peachment, was fubmitted to their Lordfhips. But fine* 'twas made an Article againft the Doctor, they humbly ho- ped they ihould give as full an Anfwer to the Suggeitions and Infinuations contain'd in that Article, as they had to the Offences charged in either of the other Articles. That the firft Part of the Article faith. Thai the Dottor doth falfty and malicioujfy fuggeft that Her Majefty's Jdminiftration, loth in Ecclefiaftical and Civil Affairs, tends to the Definition of the Con- Jiitvtion. In Anfwer to which it was offer'd, That the Do- dor doth not any where mention Her Majefty's Adminiilra- tion, either in Eccleuaftical or Civil Affairs, That he e- fteem'd it one of the greateft Bleffings and Deliverances, That Her Majefty now happily fits on the Throne of Her Ancejlors ; he pray'd, that God would long preferve Her, for the Comfort and Support of the Churchy he profeiTed, That what he fpake proceed- ed from a tender Concern for Her Majefty and Her Government and an hearty Zeal for the Honour and Safety of our excellent Church and Conftitution', he folemnly declared, That his only Aim and Intention was earneftly to contend for the Safety, Rights and Eftablifhment of Her Majefty, together with thofe of the Church : And how after all thio could it be Inferred, he fug- gefted that Her Majefty's Adminiftration, in Ecclefiaftical and Civil Affairs, tended to the Deftruclio.n of the Conftitu- tion, without carrying Innuendo's farther than ever had been attempted ? That as for that Part of the fourth Article, which chargeth, that the Doctor doth fuggeft that there are Men of Characters and Stations in the Church and State, which do themfehes weaken, undermine and hitray, and do encourage and put it into the Power of others, who are prof ejfed Enemies, to over- turn and deftroy the Conftitution and Eftahliftment ; the Dodor denied he fuggelted any fuch things concerning Men of Cha- racter and Stations. That he could not but obfeive what Art had been uied to make up this Article, and he did not doubt but their Lordfhips would be of thai Opinion; for the- Doclor, in Page 22, mentions Men of Character and Stati-. ons, but does not mention Men of Character and Station in Church or State; but fays, there are- Men of Character and Sta~ tions that ftnft and prevaricate with their Principles, and ftart from their Religion upon any Occafion of Difficulty ; which is a Charge upon them in their private Capacity, and does not charge them with any Misbehaviour in their Stations, or nt any thing relating to the publick Adminiilration; nor does, he mention in that Place their Weakning, Undermining aaid Betraying, or the Encouraging or putting it in the Power of our prcfels'd Enemies to Overturn and Deftroy the Conltitu,- tion and Elcablifhment. That in Page 1 5, where he menti- ons the Weakening, Unckrviirivng and Metrayiygbi thauj elves, aid D d $ tie '< 54 ) ihs Encouraging and putting it in the Power of our profeffed Ene- mies to Overturn and Defiroy the Conjlitut'wn and Eftctblijhment of both \ there he does not mention Men of Character and Stations, but chargeth the Weakening, &c. on. the Falfe Brethren in Church and State; fo that he thought it very hard that a part of one Sentence in Page 22, £bould be brought back feven Pages, and coupled with part of another Sentence, Page 15, and put together as one Sentence, to make an Article of High Crimes and Mifdemeanors ; whereas one of the Sentences hath no manner of Relation to, or De- pendance upon the other, and neither of the Sentences alone can amount to or be charged as a High Crime and Mifdemea- nor. - That by this Method they might have charged him with High Treafon, or any other Crime. Nay, make the Scripture it fclf fpeak Blafphemy. 4 But fuppofe, faid he, it had been one entire Sentence, 4 had this been a Ground for an Impeachment f By Men of c Characters and Stations, mufr Men of the higheft Chara- * cters and Stations be neceiTarily underflood ? No, my 6 Lords : Are not Inferior Officers, even Conflables, Mayors, * Jutt ices of the Peace, Officers of the Militia, Deputy-Lieu* ■ tenants, Officers 0$ the Army, Officers of the Cuftoms, 3 and other Branches of the Revenues, all Men of Stations ? 4 And are not fome of thele Stations very good ones ? And 4 are not many of the Perfons that enjoy them Men of Cha- 4 rafters too? And if among all thefe there may be found ' fome whofe Coniciences are fo tender, that they think it a 4 Sin to Communicate with the Church upon any other Ac- * count than to Qualifie themfelvesfor their Offices and Sta- 4 tions; and fucii who Vilirle her Orders, Calumniate, Mil- 4 reprefent and Riduule her Priefts and ProfefTors; is it a c High Crime and Mifdemeanoi in the Doctor to call fucli * Perfons Falfe Brethren, and to Suggeil that they are Ene- s mies to ■ our Confiiuttion, and that they endeavour to 4 Weaken and Undermine it ? And yet this is all that can 4 be inferr'd from thefe two Pieces of Sentences put together, « to form this Article. And does this bring the lealt Blem- 8 ifh or Reflection on the Miniitry, or thofe of the higheft 4 Character and Stations in the Church ? By no means ; for * the Minillry prefumes that Men in thofe Inferior Stations 5 are well-affected to our Conllitution, when they qualifie c themfelves according to Law, by taking the Sacrament c and Oaths.; and if any of them are not fo, it cannot be. prefumed to fell under the Notice of the Miniitry : And in many Cafes, it they did know Jt, yet it would not be in their Power to Redrefs it. He added, That he remembred one Instance j in an eminent Borough in this Kingdom 5 that . , it r 55 ) it was proved, at the Hearing of an Election for that Bo- rough, that the Mayor declared that no Per ion mould be ad* mitted into the Corporation, and qualified to Vote for Mem- bers of Parliament, but luch as were DiiTenters from the Teat ^ fo that there may be Mayor, Alderman, and the whole Corporation who may take the Sacrament in the Church of England^ and the Oaths, and yet every one DiiTenters: Am} they may Elect Perfons into much higher Stations, if they pleafe, which are equally Difaffected to cur Church, and it is not in the Power of Her Majefty or the Miniftry to help it. And when there were fuch found among us, whether the Doctor, when he charged them for being Falfe Bretb en^ould be faid to reflect on the Miniftry, and be guilty of Higl} Crimes and Misdemeanors, he Submitted to their Lordibips, That the Learned Gentleman who (poke fir ft to this Article, feemed to allow that Men of the higheft Character and Sta~ tions were not intended } but he objected, that to charge the Inferior Magiftrates with a Neglect of their Duty, was char- ging the Government with Male-Adminiftration j in whichj Mr. Phifrps could not concur with him. Bur as this Cafe was, he took it to be plain, that to charge Inferior Officers or Magiitrates with a Neglect of their Duty, could not Re- flect on Her Majefty's Administration ; for there were Magi- strates which Her Majefty could not remove ; there were Neglects which Her Majefty or Her Miniftry could not be preiumed to know, and to let this in a true Light, and to give a full Anfwer to this Objection, they had Her Majefty 's Authority to vindicate the Doctor in this Point \ for Her Majefty charged the Magiitrates with a Neglect of their Du- ty, and carried the Charge higher than could be inferr'd from the Doctor's Sermon j meaning the feveral Proclamati- ons that had been iffued by Her Majefty, by the Advice of Her Privy-Council (which are Her Miniftry,) for fupprefiing Prophanenefs and Immorality. That thofe Proclamations take notice of the feveral Acts of Parliament againft Pro- phanenefs and Immorality, "and charge the Interior Magi- itrates with a Neglect of their Duty, in not putting thofe Laws in Execution j And was it an Offence for the Doctor to mention that in his Pulpit, which had been fo often re- peated by Her Majefty under Her Great Seal ? That it had been objected, that the Doctor, fpea.king of thet Church, fays, that Her Jdverfaries are Chief: Which was a, Quotation cut of Scripture, hgnifying that they are Mighty ^ but that this Reflected on the Miniftry, or Her Majefty'' si. Adminiftvaticn. he could not apprehend. That it was alio, objected, that the Doctor, Page 5, faith, . thai the Communion of the Qmrch hath been vent and divided, by Faftious and Schifma- D d 4 tical .ileal. Impoftors, &c. That the faying, this was done with Impunity, was no Reflexion on the Adminiftration ; for he thought it was fufficiently proved to their Lordfhips the Day before, that ISlafphemy, Atheifm and Prophanenefs have been juftified'in Print; that the Worfhip and Difcipline of the ..Church hath been prophaned and abufed, her Orders denied :and vilified, her Priefts and Profeffors calumniated, mifrepre- fente'4 and ridicul'd ; that Trumpets have been founded to Re- bellion; that Her Majefty and Her whole Adminiftration have been Reflected on; and that it hath been done with Im- munity hitherto, he believed would not be denied, for he had not heard that any of thefe bold Offenders had yet been punifh'd ; and that the Inferior Magiftrates had neglected their Duty in that refpect, they had Her Majefty's Authority for it. But that this was a Reflection on Her Majefty, or Her Mintflry, was totally denied; for the Execution of the Laws againft luch Offenders was within the Province of Inferior Magiftrates ; and God forbid that the Faults of Inferior Ma- giftrates mould be charged upon Her Majefty. That the fe- veral Proclamations iffued out by Her Majeity, by the Advice of Her Privy-Council, fhew, Her Majefty and Her Miniitry had done all that in them lyes to fupprefs Blafphemy, Pro- phanenefs and other Vices, and that the Fault and Neglect lyes intirely at the Door of the Inferior Magiftrates .- And that this fufficiently Anfwer'd the Objection, that what is charged upon Inferior Magiftrates cannot Reflect on Her Majefty, or Her Miniftry. And this was alfo a full Anfwer to that Part of the Fourth Article, which Accufeth the Do- ctor with charging Her Majefty and thofe in Authority, both in Church and State, with a general Male-Adminiftration ;• to which I would only add what the Doctor had laid in his Anfwer to this Article, viz. " That he abhors the Thoughts V of bringing any charge againft Her Sacred Majefty, whom *c he never mentions but in Terms of the profoundeft Duty ^ and Refpect ; That he doth not charge thofe in Authority u with any Male-Ad miniftration ; That he doth not fo much ct as mention the Word Male-Adminiftration, nor any other * Word Synonimous with it, or from whence it can be in- cerely into the Church. '* That he complain 'd of thoi'e who. had viilainouily Divided us with theknavifh Diftinctions of Jfjgb and Low Church, and wiftYd, We were all one Fold under-, cue Shepherd, and that ail thofe invidious Diftinctions, that diftiact' (57) diftracT: and confound us, were loft. So that there was no-: thing in his Sermons which could be a Foundation for the Charge in this Branch of the Fourth Article. That it had been Objected, That tho' the Doctor invites the Diifenters to come into the Church, yet he invites them upon his own Terms: And 1 hop my Lords, ] aid Mr, Phipps, they Jh all never come in upon any other Terms than their Conforming to the Do- Srine and Difcrplvie of our Church. I hope I /hall never fee the Confiitution of our Church weakned, and her Pales and Fences broke down, to let her Enemies into it. That as to the other Part of the Article, which chargeth the Doctor with infiilling grounilefs Jealoufies, and fomenting definitive Dhifions among Her Majefiy's Subjetts, there was no Foundation for it 5 for, on the contrary, he Rebuked and Condemn'd thofe who by falfe Infinuations, and raifing groundlefs Jealoufies and Fears, embroil and bring it into Confufion. That as to that Part of the Fourth Article, which charg- eth, That the Do3or excites and fiirs up Her Majefiy's Subjects to Arms and Violence -, If Preaching up Pajjive Obedience be to ftir up People to Rebellion 5 If Preaching up the Illegality of 'Reffiance be to excite Her Majefty's Subjects to take up Arms 3gainft Her, he own'd there was a fufficient Ground in his Sermon for this Charge, but otherwife there was not one Paffage in the Sermon to warrant this Accufation. That he did admit the Doctor, in thelail Page of his Ser- mon, had this Exhortation of St. PauVs j Put on the whole Armour of God, that ye may be able to Jland againH the Wiles of the Devil ; for we wrefile not only againfi FieJJj and Blood, but a- gaivft Principalities, againfi Powers, againft the Rulers of the Darknefs of this World, againfi fpiritual fpickednejfes in high Pla- ces. I pray, my Lords, laid he, what is it that the Doctor in the Words of St. Paul advifes his Auditors to re- fift, is it not the Wiles of the Devil ? With what Armour are they to refill ? 'tis with the Amour of God. What is the Ar- mour of God? Are Guns, or Swords of Iron or Steel, the Armour of God f' He added, That the learned Manager that fpoke to this Point faid, the Doctor could not mean the fpi- ritual Armour, becaufe he departed from the Apoftle's Spiri- tual Meaning. And to make good this Charge, he ufed the fame Method that was taken to make up the Firfl Part of this Article; for the Words cited by the Doctor were the eleventh and twelfth Verfes of the fixth Chapter of St. Paul to the Ephcfans, and to find out the Doctor's Mean-' ing, he went back to the thirty firft Verfe of the fourth Chapter, where St. Paul faith, Let all Bitter nefs, and IF). i::^ find Anger , and Clamour, and Evil-fpeaking be put away from ■■ ' with' (58) with all Malke. And why this fhould be alledged to (hew what the Doctor meant, when in the Words of Su Paul he advifed his Auditors to put on the Armour of God, he could not imagine. That if he had read but two Verfes after thofe Words cited by the Doctor, he would have found the Armour of God to be tlje Sword of the Spirit, the Shield of Faith, the Breaft-plate of Right eoufnefs, and the Helmet of Salva- tion-, That the Doctor could mean no other Armour : And how Her Majefty, or thofe in Authority under Her, could be refilled by this Armour, or what Violence Her Majeity's Sub- jects could ufe with thefe Arms, he fubmitted to their Lord^ fhips. That 'twas plain, that the Principalities, Powers and Rulers, here meant, are not earthly Principalities, Powers and Rulers, but the Principalities, Powers, and Rulers of Dark- nefs, againft which Guns and Swords are but a very weak and feeble Defence : Which Things being confider'd he thought there was nothing to be collected from this Para- graph, that could excite Her Majefty's Subjects to Arms and Violence, unlefs it be to take the Armour of God, to refift the Devil and all his Works \ which he hoped was not a. High Crime and Mifdemeanor. That as a further Evidence that the Doctor excited Her Majefty's Subjects to Arms and Rebellion, it was objected, that the Doctor, in his Sermon, Page 16, fays, Let us there- fore, being well ajfured how much our Caufe deferves, and how much at prefent it requires our hravefi Refolutions, hold fajl our Integrity and Religion without wavering, and earnejlly contend for the Faith which was once delivered to the Saints. That this -was wholefome and religious Advice ; that the more ftrongly and openly the Caufe is oppugned,the braver Refolution it re- quires to defend it. That the Caufe of Religion is attack'd by Atheifts and Deiits } the Caufe of Monarchy by Aueiters of Republican and Seditious Principles; the Caufe of the Church, by Papifts and Sectaries of all forts ; and therefore it requires our braveft Refolutions to defend the Church, the Queen, and the ConlUtution, with the fame Zeal they are attack'd, as the Doctor explains himielf, Not doubting, if we (hew the fame Courage and Indefatigable Zeal and Labour to de- fend, as our Jdverfaries to reproach, divide, and ruin out Chinch •_ ■neither their united Malice nor Power, nor all the Plots and Ma- chinations of Rome, nor the ve)y- Gates of Hell it f elf, Jhall ever he able to prevail againft Her. And fhall this, (faid he) be conflrued to excite Her Majefty's Subjects to Arms and Vio- lence ? That as to the laft part of the Article, which chargeth, That The Doctor doth wickedly wrejl and pervert divers Texts of Holy Soiptute : Itfeem'd, the Printer of the Second Edition, aiiriook one Text. That if the Doctor had perverted or wic- kedly (59) kedly wrefled the Text, he mult have been fubjecT to a Pro- fecution in another Place j but it would not have been a ground for an Impeachment of High Crimes and Milde* meanors. Upon the whole matter, That if Condemning the Dethron- ing and Murdering the Royal Martyr King Charles the Firlt, be to call black and odious Colours on the late King and the Revolution ^ If the averring the utter Illegality of Refinance to the Supreme Power in all things lawful ; if Preaching the Doctrine of PaJJive Obedience and Non-Refiftance, which hath been enjoined by our Church, and confirmed by the Legiila- ture, and is the Doctrine of all Christian Churches, fhould beconitrued to be a Reflection on the Revolution, and a great- er Reflection on it now, than the Preaching of the fame Doctrine was in the Reign of his late Majefty, who was the happy Inftrument of that Revolution • if the Doctor be a Criminal for preaching that Doctrine which the Fathers of our Church, and other eminent Divines had Preach'd, with the Approbation and Applaufe of the Crown, and both Hou- fes of Parliament, then the Doctor was guilty of the High Crimes and Mif demeanors in the Firjl Article. That if to with that DiiTenters, who qualifie themfelves according to the Act, may enjoy the full Benefit of it \ if to defire the Laws to be put m Execution againit fuch who will not comply with the Terms prefcribed by the Act, and againft Atheilts, Deifts, and fuch who frequent no Religious Worfhip at ail, and are particularly excepted out of the Ad of Toleration j and if to alTert that a Sentence Ratified in Heaven cannot be reverfed on Earth, be to affirm the Tolera- tionunreafonable9 and the Allowance of it unwarrantable,, then the Doctor was alfo guilty of tne High Crimes in the Second, Article, That if to alTert the Prejudice the Church receives by Schifm and Occafional Conformity ^ if the fhewing the heavy Judg- ments which may be brought down upon a Chvuch and Na- tion by Blafphemy, Atheifm, Piophaneneis and Immorality 5 if to ihew the Danger the Queen and Church are in, by the rebellious Principles that are daily broach'd and publilh'd, be toaflert the Church is in Danger under Her Majeity's Ad-^ miniftration, the Doctor was like wife guilty of the Crimes in the Third Article. And laitly, That if to pray for Her Majeity's long Conti- nuance on the Throne, for the Comfort and Support of the Church and Nation 5 if to fhew that the Laws agamic Atheifm, Blafphemy, Prophaneneis and Irreligion be not put 2 1 due Execution by inferior Magistrates ; that is, if to aileit' lu his Pulpit what Her Majeity, by Advice of Her Miniitry, ham (6°) hath afferted in four Proclamations, be to refle&on Her Ma* jefly and Her Miniftry, and to charge HerMajefty withMale- Adminiitration in Church and State ♦, and if exhorting the People to put on the Sword of the Spirit, the Shield of Faith, the Breaft-plate of Right eoufnefs, and the Helmet of Salvation, to refill the Devil, and all the Powers of Darknefs, be to ex- cite Her Majefty's Subjects to Arms and Violence againft Her Majelty ; and if Preaching up Paflive Obedience and Non- Refiftance is to llir up People to Rebellion, then the Dodlor was guilty of the High Crimes and Mifdemeanors in the Fourth Article, efpecially if Jlrain'd, foreign and unnatural Inferences, Infatuations and Inuendo"s were topafsfor Proof. But otherwife Mr. Phipps prefum'd to fay the Doclor was not guilty of any of the Offences charged in either of the Arti- cles, and he humbly hoped their Lordlhips would be of that Opinion. Mr. Dee'rA A R. Dee, who fpoke next in the Doctor's De- Speech. lyX fence faid, that the Fourth Article was, ihort of the former Articles in the manner of the Charge : For the firft Part of it was a Charge upon the Doctor, that hefuggejts only, That Her Majefty's Adminifirat'ion ttnds to the Deflrutlion of the Conftitution. That as to this Part of th& Article fas had been obferved^) there was no paffage in the Sermon mentioning Her Majefty, but with the greateft Ref- pe&, and with hearty Prayers for her. That the Words Minifters, or Mini/try, were not found in the whote Sermon : Therefore, to find any Charge on them by the Doctor, they mull: look to the Second Part of the Article, which charges the Doctor with fuggefling, That there are Men of Chara&er and Stations who are Falfe Brethren, and do undermme theConfti- tution,and endeavour to betray the Qhurch,and confequently charges Her Majeflymtha General Male- Adm'viijlration. That as to this Part of the Charge, viz. That the Dodor doth fuggeft,that Men of Character and Stations are Underminers of our Conititution, St was not to be found in any part of the Sermon ; but if he did fugged that Men of Character and Stations (not faying of what Characters, or what Stations) are Falfe Brethren (if their Lordlhips took Notice what thole Men are, whom the Doctor calls Falfe Brethren,) it would not be a fufficient Ground for a Chaige of High Crimes and Mifdemeanors? That there were four forts of Perfons that the Doctor charged as Falfe Brethren, Thole that propagate Falfe Doctrines, Thofe that give up the Difcipline of the Church, Thofe that are for a Neutrality in Religion, and Thole that own them- felves to be of the Church, , but live not according to her Rules. That to fay that there are tome Mea of Character aud- Stations in the Nation that are Falfe Brethren, within iom one <6i) cae or other of thefe Defcriptions, He wifh'd he could fay it was not true. But when the Doilor comes to charge fome Perfons as Underminers of the Church and Conftitu- tion, they were defer ibed to be either thofe Perfons that fub- vert the Fundamentals of Religion, as Atheifts, Deiils, So- cinians, and fuch like, or Occafional Conformifts, Perfons that creep into the Church only with a Defign to do it Mif- chief. And He thought thefe Perlbns might be juftly faid to be Underminers of the Church. That as to the General Charge againft the Do&or, that he excites the People to Rebel- lion, if this could be naturally inferr'd from his Words, he muft be guilty of Self-Con tradition, and ought rather to be pityed as a weak, foolilh Man, than punifhed as a cunning incendiary : For when he had fo pofitively affirmed the utter Illegality of Refinance to the Supreme Power,if any thing had dropt from him in the fame AiTembly tending to Rebellion, he would have expofed himfelf to the utmoft Ridicule. That Some things had been obferved out of the Preface to his Sermon at St. Paul's } one Expreflion was that of founding a Trumpet, which he (hould not have thought worth taking no- tice of, but that fome of the Gentlemen did lay fome itrefs On it, as if this were founding an Alarum, exciting People to Arms. That he conceiv'd that the Words out of the Mouth of the Doctor bear the fame Senfe as out of the Mouth of the Prophet. But for fear he fhould be mifcon- ftrued, the Doctor explain'd himfelf by the Words immedi- ately following, and fhew'd that fuch Prohibition or Reilraint laid on the Clergy, as are there fuggefted, are exprelly con- trary to the Command of God : His Words being thefe ; We are told by thefe Men, who would fbut loth our Eyes and our Mouths, in order the more effectually toundam'me and dejlroy us, that the Pulpit h not a Place for Politicks, and that it is the Bu- fnefs of a Clergyman to preach Peace, and not found a Trumpet in Sion *, fo exprejly contrary to the Command of God, to cry aloud, cndfpare not: So that thefe Words did plainly interpret what the Do&or meant by founding a Trumpet. That there was another thing taken Notice of from this Preface, and that was the Encouragement he gives to People to Arms and Violence againft fuch as would deftroy the Church, gfc. The Words of the Doftor are thefe \ If boneft Men will jit fill, and give up their Caufe through want of Cou- rage, or a jiift Senfe of the dangerous Attempts of our Enemies, we may, without the Spirit of Prophzcy foretel, what will become of our Constitution, when it is fo vigoroujly attacked from without, and fo lazily defended from within. Tnis was looked upon as divi- ding the People, and exciting them to make Refinance. But if the Gentlemen had looked a little before, in the iante Pa- ragraph, they would have found who the Af&ilants he men^ (1*5 tions were, and then they would not have blamed the Do- ctor for encouraging the People to make a vigorous Defence, That the A flail ants are thofe that make Rebellious Appeals to the People, as the only Judges of Right and Wrong, and the Dernier Refort of Jufiice and Dominion : Thefe, lie lays, are the fqfbionable Methods now made ufe of to undermine the Clmrchand Legiflaturey by breaking in upon the Prerogative of the Crown, by threatning them with imaginary Legions, and a popular Tribunal, where their Authority is to be tryed and determined : To put a Hop to this thing, is what he fays is the Intent of his Difcourfe. Now if thefe are the Perfons that attack the Conflitution, that appeal to the People as the only judges of Right and Wrong, if thefe are the AiTailants, furely the Doctor may encourage the People vigoroufly to defend them- felves again!! them. That there was one thing more taken Notice of by the Gentlemen Managers, that the Doctor had given great Offence to the Commons by an Expreflion he had made ufe of, by way of Exclamation, in the cloi'e of his Anfwer to the Article^ and that runs thus • Hard is the Lot of the Minifters of the Gufpel, if what they cite the Word of God in their general Ex- hortations to Piety and Virtue , or in their Reproofs of Mens Trail f- grejjion:, or where they are lamenting the Difficulties and Conflicts with which the Church of Chrift, whilft Militant here on Earth, muft always ft ruggle, the fever al Texts and Pajfages by them cited jball be f aid to have been by them meant of particular Perfons gnd Things, and Jball be conftrued in the nioft Criminal Senfe, and be made by fuch Coiiftrutlion one Ground of an Impeachment fur High Crimes and Mijdemeanors. That if this Suppofition, as the Doctor had put it, be turned into a Pofition, he hoped their Lordmips would pardon him for his Exclamation. If Gene- rals had not been tied to Particulars, to make up thefe Arti- cles, then the Doctor had no reafan to make this Exclamati- on i but if the Doctor's Sermon had been fo treated, in or- der to frame the Articles againft him, then he was not bla- mable for that Expreflion. That the Doctor had never be- fore been charged with Difloyalty to the Government 5 he had always been a Man of that Probity, and of fo blamelefs a Life and Convention, that he had not been fo much as attacked on that Account. And when a Man of his Cha- racter was brought before their Lordmips for a Sermon preach- ed in a publick Congregation, for a Dodtrine that is the Do- ctrine Or the Church of Evglmii, and for which he has the: Authority of fo many of the Fathers of that Church, as well" as of many of her Learned Son?, by an Impeachment on that Account, furely lie might be allowed to fay this : His Lot f\it leaftY i&hardj ihalhc P::i;U lc made the Firjt and fo Solemn Ex- (*3) jExampU, when he only followed fo many and great Examples^ as lave been fet him from the Beginning of the Reformation down to this Time, Concluding, that when their Lordfhips confider'd the Circumftances of the Doclor, he hoped they would think that the Defence of this Profecutjon muft be a fufficient Pu- nifhment for any the Crimes he was charg'd with, and of which he could be fuppofed Guilty; and he fubmitted him and his Caufe to their Lordfhip's Juitice* Dr. Henchman's T^R* Henchman, who fpoke laft in the Speech JL/ Doctor's Behalf, faid, That in the General Preamble to the Articles of Impeachment, Do- ctor Sacheverell was faid to have preached and publifhed two Difcourfes, with an Intention to defame her Majefty's Admini- ftraiion ; and that this laft Article cohtain'd feveral particu- lar Charges of a very high Nature, and great Malignity a- gainft Her Majefty's Happy Adminiftration. That for a General Anfwer to this Article he muft beg their Lordfhips Patience to look back again upon thofe PalTa- ges of this Sermon, which he offer'd to their Lordfhips Con- federation under the Third Article, which would fet the Do- lor's Intentions in a clear Light. That in one of them he readily acknowledges the great Bleffing we at prefent enjoy by Her Majefty's happily fitting on the Throne of her An- ceftors \ and in the other places where he mentions Her Ma- jefty, it is with great Refpecl, and hearty AddrefTes to God l©ng to preferve Her on that Throne :, and at laft, concludes with this folemn Proteftation, That what he had then fpo- ken proceeded from a good Intention, and tender Concern for ' Her Majefty's Per/on and Government, and a hearty Zeal for the Honour and Safety of our Excellent Church and Ccnjlitution. That fome Regard is to be had to the Declarations of every honeft Man,in relation to his own Thoughts and Intentions, which are known only to God and his own Confcienee ; and certainly when aPrieft of the Church of England does, in the Prefence of God, and Face of the Congregation, folemnly declare, that what he fpeaks is with a tender Concern and hearty Zeal fo* Her Majefty's Perfon and Government, no loofe Words, or diftant and unconnected Expreflions, ought to be conftrued to a direct contrary Sente of fo exprefs a Declaration. That the Senfe of thefe Words is plain and obvious to every Man's "Underftanding \ but if a PaiTage in the two and twentieth Page of this Sermon, in it felf, and as it ftands in its proper Connection, not Criminal, muft be conftrued by what is faid in the fifteenth Page, little relating to the fame Purpofes* and both thefe PafTages explain 'd by a third ftill farther di- stant, by fuch a Method the moil inoffcnfive Difcourfe mighr be (54) |w made blameable, and it would be very difficult to make any Defence. That it had been objected by the Learn- ed Managers that the Doctor chofe an "Unfeafonable Time, and an improper Place, to vent his Notions in : But how did it appear, that either the one or the other was of his own Choice f Did it not rather appear, that he Was call'd to per- form that Duty by the Publick Magiftrate, arid that both the Time and Place were of his Appointment ? Or how could it at this time be thought Unfeafonable to maintain the Doctrine of our Church, when fuch Swarms of Infamous Libels are daily publiihed in Oppofition to it ? Or what Place could be more proper for this Purpofe, than that in which fuch Libels ufually firft appear, and molt prevail ? That whether the Doctor performed his Duty, by preaching that Doctrine there, which the Rubric of our Liturgy ex- prefly commands him to teach on that Day, muft be fubmit- ted to their Lordfhips. That certainly it will always be thought proper, on that Day, that our Church and State were delivered from a molt horrid Popifh Confpiracy, to preach a- gainit the Sin of Rebellion, and to inew that Rehftance of the Higher Powers is the Doctrine of Papilts, and firlt pro- ceeded from them. That it was well known to their Lord- fhips what the general Duty of Miniflers obliges them to ; but upon State-Days, when they are commanded by Supreme Authority, and directed by the Rubric, what Subject to treat of, it would be Contempt in them not to obey the Commands of their Superiors, or not to infill upon that Doctrine which they are peculiarly ordered to explain : And he humbly ap- prehended that thofe Reverend Prelates, fome of whofe Ex> preffions were lately read to their Lordihips, would not have .leceived the Thanks of this Honourable Houfe, if they had not adapted their Difcourfes to the Solemnity of that Day, which they then celebrated. That upon a general View of this and the other Articles, the whole Charge would appear to be fupported, not by any one plain Propofition, but by In- ferences and fuppos'd Conftructions. That it had been his fDr. HencfonarS) Endeavour, under every Article, to lay before their Lordfhips one or more clear paffages of this Ser- mon, which fufriciently declare the Author's Intention as to that Article \ and he mult leave it to their Lordfhips Ccn- iideration how far an Iniinuation or Inference would be out- weighed by an exprefs Declaration. That if there Were any Words in this Difcourfe which feerrfd to bear a doubtful Meaning, their Lordfhips would in all Cafes incline to the moil favourable Side ; and in this Particular, the Charader and Function of aMiniiler would deferve fome more than or- dinary Allowance, That if is a known Rule in the Roman Law,' ftfl'-J Law, In ambiguU ordthnibus maxims fevtentia fpeftanda efi t)vs. qui eas piotulijfet* Wherever Words are capable of a double ConiUudion, there the Intention of the Speaker is chiefly to be look'd after, and attended to. That every Man has a. Right to explain his own Intentions, and the darker and more obfeure ExprefTions of his Difcourfe muit be conllrued by thofe PaiTages which are more plain and explicit : That this is a Rule in all Civil and common Cafes between Mart and Man, but in Criminal Cafes there that Law exacts a ftricter and a nicer Proof $ wherever the Life or Liberty of a Citizen is concerh'd, there the Proofs ought tob^Luci jneridiancl clariord, as evident as the Sun at isoon-Day, and fuch as will convince every one at firft Sight. That he men- tion'd thefe Maxims of the Roman Law only as they are a* greeable to the common Senie and Undemanding of Mankind* as Rules of Reafon and Equity, which their Lordfhips had always govern'd themfelves by, and always would. That the laft of /em he mentioned with the greater Confide rice, be-. caufe he found it had once already received the Sanction of this Honourable Houfe, in Sir Samuel Bdrndrdiflon\ Cafe, in which it is declared, That Innuendo's or fuppoid ConftruBiont ought not to be allowed, for all Acciifations Jbould be plain, and, the Crimes afcertairfd. That this had once been the Refolut?- on of this Honourable Honfe^ and they humbly hoped their Lordlhips would not depart from a Precedent fo well efta- blilhed. Concluding, that one Part of this laft Article was, that the Doctor had wrejled feveral Texts of Scripture to fediti-, ous Puipofes ; but it had not yet appeared that he ever har- boured one feditious Thought : And whether he had per- verted any Texts . of Scripture would be belt explained by himfelf, when their Lordlhips mould be pleafed to hear him* After this, at Mr. Dodd's defire, the Clerk read Two Pro- clamations j the Firft, For Reflraimiig the Spreading Falfe Newfy and Prbtthig and Publijbing of Irreligious and Seditions Papers and Libels ■ given at Whitehall the 26th day of March, 1701, in the Firit Year of Her Majefties Reign 5 the Second given at St. Jameses, the 25th day oi February in the fame Year, For the Encouragement of Piety and Virtue, and for the Preventing and Piinijbing of Vice, Prophanenefs^ and Immorality, . After the Reading of thefe Two, Mr. Dodd fa id, there were Two fubfequent Proclamations prelFing Magillrates to put the Laws in Execution in this cafe, but they were to the fame fmrpofe, therefore they thought they needed not fpend the it Lordihips time to read them. That they had now Oone their Defence^ only they had one Petition to make, that then* Lordlhips wouid be pleafed to hear the Doctor fpeak for him- ielf % There being ib'me things more proper for him to giv*' ( 66 ) in Account of, than for his Council. That they apprehend- ed the molt proper Time would be after the Gentlemen Ma- nagers for the Houfe of Commons had Replyed \ but they thought it proper to mention it now, and humbly fubmitted it to their Lordfhips. Mr. Thipp added, that the Reaion why they troubled their Lordfhips with reading thofe Pro- clamations, was to fbew their Lordfhips, that the inferior ^lagiitrates being negligent of their Duty, in putting the Laws in Execution againft Prophanenefs, Her Majeity put out ano- ther Proclamation to quicken them ro it • therefore when the Dr. charged the Magiitrates with a neglefl of their Duty, it could not be underliood to be a Reflexion on the Queen or the Minillry, becaufe their Lordfhips law what great Care Her Majeity had taken ; to that they thought this lait Article was fuflKientiy elear'd by thefe Proclamations. Concluding* that they had not troubled your Lordfhips with the Journal of their own Houfe in the Cafe of Sir Samuel Bamardifton s But if the Gentlemen of the Houfe of Commons did not ad- mit of it, they were reidy to lead it. Hereupon Sir Jofipb Jekyll faid, he had the Commands of the Gentlemen employed in this Service with him, to menti- on to" their Lordfhips, that they were under a great Surprize, that the Council for the Dt. fhould take upon them topropofe to their Lordfhips, tiiat the Dr. might fpeak after the Com- mons Reply j and that he had Inilrudions (lince the Doctor's Council had referr'd lome part of the Defence to himfelfj 'to tell the Dr. that ii' he had any thing to fay for himfelf, now was his Time, before the Commons Reply } the Commons claiming it as their Right to fpeak laft. Mr. Dodd fubmit- ted to it, and deiired the Dr. to go on : Hereupon Dr0 Sacbevertil, Addreifing himfelf to the Lords, faid, Dr. Sachevercir* ° Hp HAT the Defence made by his Coiiri-» Speech. 1_ cil had been fofull, and particular, * and the Tryal it felf drawn into fo great a Length, that < he fhould not add to their Lord (hip's Trouble, by fay- ' ing any thing for himfelf, did he not think that in fiich a * Caufe, as this, (wherein the Doctrine of our Church,- the * Dignity of that Holy Order to- which he belong'd, and 4 even the Common Intereit of Chriftianity it felt/ were fo * nearly Concern 'dj it became him not to be altogether filent, ' For it has been own'd by fome of the Managers for the *' Honourable Houfe of Commons,- that tho' he was the' Per- c ' foil Impeach'd, yet Ms Condemnation was not the thing c" principally aim'd at.- That lie was, it feems, an iafignifi- c cant Tool of a Party, not worth regarding \ that the -•- -\i De%n of his impeachment wasy by the means of * it C*7) r It td procure an Eternal and Indelible Brand of Infamy to 1 be fix'd, in a Parliamentary way, on all thofe who maintain ; the Doilrine of Non-Reiiftance, and to have the Clergy ; directed what Doctrines they are to Preach, and what not. 1 And therefore, as Infigniticant as he was in himfelf, yet 1 the Confequences of his Tryal (iff rightly reprefented ta ; their Lordfhips by Ibnie of thofe Gentlemen j were of the higheft Moment, and Importance. That fince he was the unfortunate Occafionof bringing thefe Matters in Judgment before their Lordfhips, it would behove him, he thou*gh't,af«* ter what had been Pleaded in his behalf by his Council learned in the Law ; to fay fomewhat alfo for himfelf, in order to clear the Innocence Of his Intentions, and remove that load of Guilt and Infamy, which might be laid upon him, mould their Lordfhips determine, (as, he trailed in God, they would notj that the Articles of Impeachment Exhibited* had been made good againft him. 1 That with their Lordlhips Permiilion then, he mould lay before them fome few General Remarks, which in his huiTH ble Opinion might beaided to what his Council had already obferv'd, concerning the Methods taken by the Managers for the Honourable Houfe of Commons, to Prove and Sup- port the Articles of their Charge. And mould then, with their Lordfhiris leaVe, fay fomewhat feverally to the Arti- cles themfelves, which might ferve to Remind their Lord- lhips of what his Council before offer'd more at large, and with greater Advantage. ' That the Charge brought againft him in thefe Articles was of a very High, and Heinous Nature } and had it beeri as clearly made out, as it had been Itrongly artirm'd, it would juftly have expos'd him to a very fevere Sentence. But the more heinous the Charge was, the more evident and undeniable he mould think, the Proof ought to be.And how, my Lords, faid he, has this Charge been fupported in the feveral Articles of it ? By plain, direct, and exprefs PalTages rjroduc'd, and read to your Lordfhips out of my Sermons $ or by Intendments, unneceflary Implications, and itrain'd Conittuctions f By laying entire Sentences before your Lordfhips, and relying upon what was manifeilly con- tain'd in them •, or by piecing broken Sentences, and con- joining diitant and independent Paliages* in order to make me Sp^ak, what I never thought of ? '• That he was unacquainted with the Methods of legal Proof, and little thought he mould have had this Occafiori of enquiring into them. Em^ as far as he was able to Comprehend any thing of this Nature^ he mould think* that there could not be a clearer Indication that be was £u ■ not ( f& ) K not Guilty at having aliened what he was Charg'd by the ' feveral Articles to have faid, than that fo many hours ' Learning and Eloquence had been Employ'd in proving him 4 to have laid it. That had he really airirmed thofe Propo- ' fitions for which he wars acdb'd, his Sermons being before * their Lordihips, the Places wherein fuch Propoiitions were 6s directly contain 'd, might have been referr'd to, and read, ? with the fame Eafe as hr^ Council referr'd to the Pailages 1 contain'd m the feveral Writings and Sermons of the Re- * vereiid Fathers, and other Eminent Divines of our Ghurcb,' * wherein they Taught the Doctrine of Non-Refiilance in the * fame Extent as lie Maintain 'd it,or in Terms much ltronger. ' That thefe Pailages, product by his Council, were baie- * ly Read to their Lcrdfhips: Ko Argument, no Colours * were us d, beeaufe none were neceiiary, to prove what € Propoiitions were laid down in thofe Pailages j Whereas, * to prove him Guilty of having aiTerted what was laid to* * his Charge, after his Sermon and Prefaces were Read to * their Lordihips, much Art and Induitry were us'd to per- tf fwade their Lordihips, that fuch Aiiertions were really * contain'd in them. * That when his Words were capable of two Senfes, the € wofit, and molt invidious, tho' at the fame time the molt f flrain'd, and unnatural Conitrudion, had been always made f of them. iNay, when his Words were fo plain and exprefs, * that it was impoflible to put any criminal Gloiies or Colours e upon them, he had been Accus'd of meaning the direct con- *>' frary to What he had faid : And when he prefs'd the Duty •3 of Allegiance to- the Queen, their Lordihips were told, that * it was moil certain, he meant the Pretender. « That to Aggravate his Guilt, he had been Accus'd net e> only for what he was fuppos'd to have faid, but for what * he was allow'd not to have laid : Not only for what he * had taken notice of in his Sermons, but for what he had * pafs'd by unobferv'd : He had been Charg'd with Negative * Grimes j as if what he omitted to fay, had been omitted *' with DeiigH, and his Silence it felf were Criminal. * That thefe were the Methods, that had been made ufe * of to prove him Guilty of Crimes, which if prov'd, might * affect his Liberty and Fortune ; no favourable Allowances *' had been made to a Minuter of the Gofpely difcharging 4 the Duty of his Function, and rebuking Vice and Irreli- r giofi wit-h an honeit and well-meant Zeal, but fometimes * perhaps carrying, him into Expreifions too open, and un- r guarded. Thai lie could add, if fuch a Complaint might r not be thought improper from one in his Circumftances,that, *"'.ia-the omrle of his Accufation, he had been itii'd.a Cri- •' wiiialy F mrnal, and treated as fuch by fome of thofe Honourable ' Gentlemen, with a degree or' Scorn and Indignity, from 1 which he hop'd his Sacred Profeffion, his prefent unhappy 1 Condition, and a Regard to that Solemn and Awful Judi- 1 cature might have fcreen'd him. But that he hid alide all 1 Complaints of this Nature, and with their Lordfhps leave [ fnould proceed to make foipe few lhort Obfervations upon ' the levei al Branches of the Charge Exhibited againit him. 1 That he was Charg'd in the tirft Article, with having ; Maintained, That the neceflary Means us'd to bring about ; the iate Happy Revolution were Odious and Unjuitifiable \ i»i proof ot which it had been urg'd, that he had in Gene- ral Terms aliened, the utter Illegality of Refinance to the Supreme Power upon any Pretence whatfoever. But that the Refinance in that Parage by him Condemn'^ was no where Dy him applied to the Revolution \ nor was it appli- cable to the Cafe of the Revolution, the Supreme Power not being then Refuted. 1 That he neither exprefly apply'd his Doctrine of Non- Reiiflance to the Cafe of the Revolution, nor had he the lean: Thoughts of including the Revolution under his Ge- neral Alfertion. That he exprefs'd this Doctrine in the fame General Terms in which iie found it deliver'd by the Apoirles of Chrift ; he Taught it as he had Learnt it from the Homilies of our Church, and as he was injoin'd to Teach it, by the Articles of our Religion. That he us1d no other Language, than what had been us'd by our tuft Reformers, by a continued Series of Right Reverend Pre- lates, and other Celebrated Divines now with God, an4 by many of thofe Venerable Fathers, before whom he hood^ and what was perfectly agreeable to the Laws, and Statutes of this Realm. That he had little Reafon to apprehend that he could ever have been A ecus 'd by the Gentlemerj of the Houfe of Commons to their Lordlhipsas a Criminal, or as an Alperfer of the .Memory of the late King, for Preaching this Doctrine } when others, who Preach'd the fame Doctrine, in the fame Terms, before their late'Ma-r jellies, before our prefent Gracious Sovereign, (whom he pray'd God long to £referve ! ) before each Houfe or* Par- liament, before this very Houfe cf Commons, had met with Publick Approbation : But fmce it was his fingular Misfortune to be Accus'd, for what others had receiv'i Thanks, in feme Instances convey'd to them, by feveral of the Managers themfelves, he aid with all humble Confi* rience rely upon their Lordfhips Juftice , not, doubting but that the Learned the Judges-, if thought neceltary ' tojie confulted, would declare, wUat he Had in this Cafe A iter t- ' 2 e § I e^ C70) *. ed, to be Warranted by Law, and the Right Reverend the * Bifhops, would afttim it to be the Doctrine of the Gofpel. 4 That the Doctrine he Preached being the Doctrine of the * Homilies of our Church, not exprefs'd only in a few particular * PaiTages of thofe Homilies, but perfectly agreeable to the * whole Tenor, the main Scope and Defign of them ; and * thofe Homilies being EftabliiVd by the Thirty Nine Arti- * cles, as containing godly and wholefome Doctrine * and 1 thofe Articles being confinrTd by the 13th 'of Q. Elizahtb* * and that Statute being made Perpetual, and Fundamental * to our Conftitution by the late Jtt of Union ; he left it td * their Lordfhips to conhder, how far the Condemnation of * him, 011 the account of that Doctrine, might affect, and ' lhake the prefent Frame of the Britifh Conftitution, in * Church, and State, and tend to DiiTolve the Union of the * Two Kingdoms, ' That upon the fecond Article, he would humbly pray * their Lordfhips to coniider, that he had no where in his * Sermon fhewn any the leaft Diilike of the Indulgence granted ** by Law to Diffenters , that on the contrary, He had de- * clared his Approbation of it in the moll exprefs Terms ima- ginable, which he begg'd leave once more to repeat to their * Lordfhips out of his Sermon preaclvd at St.IWj.I woul'd not ■ (he there faidj be mifunderilood, as if I intended to calt * the leaft invidious Reflection upon that Indulgence, which i the Government hath condefcended to give them ; which I ' am fure, all thofe, who Wifh well to our Church, are rea- * dy to grant to Conferences truly Scrupulous ; let them en- * joy it in the full Limits the Law hath prefcrib'd, * That this then,and itiil was his ftneere Opinion, nor was * he confeious that he had uttered one Word inconftiient * with it. He had indeed blamM, and perhaps with lome * Warmth and Earneflnefs blam'd the Abufes, which Men * ot no Conference, have made, of the Legal Exemption, ' granted to Conferences truly fcrupulous : Nor could he * think that thofe Reprehenfions of his, would have drawn * upon him the Difpleafure of any fincere Chriltian, which * were levell'd againft Hypocrites, Socinians, Deiils, and * fuch as, under the "Umbrage of that Act, which permits e Proteftant Diffenters, and thofe only, to ferve God, every * Man in his own way, think themfelves at Liberty to be * of no Proteftant Congregation, of no Religion at all. That * he would farther ingeijuouily own to their Lordfhips, that * he had in his Eye fome Abufes made of that Act by the * DiiTenters themfelves ; who, he was told, do (both l?a- * iiors and People^ rarely obferve the Qualifications pre- 9 fcribd by that Act \ and who erect Seminaries for Edu- ' eating (70 • eating \outh in Principles oppofne to the Doctrine, Difci- 1 pline, and Worfhip of our Church : Whereas that Ad wa§ 1 intended for the Eafe of thofe, whole Minds through the unhappy Prejudices of' Education, were already Eftranged 1 from the Church ; not, as he humbly conceived, to indulge Men in raking the molt effectual Methods to Propagate, 1 and Ptrpetua'e their Schifm. ' That of any Favours to DiUenters granted^ or intended by the Law, he had no where complain 'd ; ot toleration, a word unknown to our Laws, and implying, as he was inform'd, much more than our Law-Givers dengn'd, if he had faid any thing Offenfive, he might, he hoped,' reafo- nably prefume, that it would not be judg'd by their Lord- fhip in any wife to reflect on that JB of Exemption, which he had fpoken of in Terms, no ways, he thought, misbe- coming a good Subject, or betraying any want of ChrifUari Moderation. Nor was there any want of it, he conceived^ in affirming that this Act, which relieves fome Diuenters from legal Puniihments, to which they were before Obnoxi- ous, hath not any ways alter'd the Nature of Schifm, or extinguinYd the Obligations to Church -Communion •, which is an Evangelical Duty, incumbent on all Chriltians, by the Rules of the Gofpel, Antecedent to all Secular Laws, and can by no Human Power be Difcefts'd with. That if the Church of ENGLAND^ impofes no unlawful Terms of Communion, as She certainly does not, then all Separa* tilts from her Communion, will, notwithstanding the In- dulgence, continue to be Guilty of Schifm ; the Confe- quence of which Guilt, may Kill reft upon their Souls, however it may ceale to Affect their Bodies or Eitates : For as noliuman Law can render that Lawful which God hath forbidden, fo neither can it make that Void, which God hath Commanded. * That he was Accus'd, under this Head, of Maintaining, that it is the Duty of Superior Pallors to Thunder out their Ecclefiaitical Anathema's' againft Perfohs'Intitl'd to. the Benefit of the Toleration • but he hoped,' it' fiad evidently appealed to their Lordfhips, that he advanced no fuch Por- tion. Sure he wis, that his Words did not in themfelves carry fuch a Meaning, nor did the' Connexion of his Dif- courfe require that Senfe, or dafily admit it. That Schif- maticks, are not the only Perfons againft whom EccleiVaiti- calCen lures may be denounced ^ the' Works of Daiknefs' which he refer'd to, as fit to "be RenrovM," in that Part of his Sermon, where he fpeaks of theft Cenfures, are of the fame kind with thofe mentioned by the Apoftle, whofe Words l^e pxodue'd, all Lewd and Immoral Practices ^ that * ' ; : ¥ c i ' a£a*m*» (70 '• againft thefe, and againft . Herefies, and Blafphemies, (a. 4 black Catalogue of which had been Difplay'd before their 5 Lord (hips) he thought the Anathema's. ;of the .Church * would be well employ 'd \ fuch Anathema's he doubted 5 not, would be ratified in Heaven, and would therefore, by 1 any Power on Earth, be Irreverfible. 4 That as to Archbiihop Grindal, tho' he might feem to 1 have us'd forne undue A.fperity of Expreftion concerning 1 him, yet he charg'd him with nothing but what lie had 6 good Grounds for, from our Hiitorians : It having been * made appear to their Lordfhips, that, on the Account of 4 his RemitTnefs in Church- Government, .he iiv'd and dy'dr * under the High Difpleafure of Q. Eliz. and whether there- € fore he, or that Glorious Queen, fhouid bear the Blame of c his Dilgrace, and Sufferings, was with all Humility Tub* € mitted to their Lordfhips. * That he hoped, he flood Clear in their Lordfhips Opini- 4 on?, of the Charge advane'd againft him, in the Two nift 4 Articles -, and as his own Confcience did, fo he trufted * their Lordfhips would Acquit him,, of whatever was laid f to his Charge in the third. • That he neither had Suggefted, nor did in his Confcience 4 believe, that the Church is in the leaft Peril or A4verfity ' from Her Majefty's Adminiftration. So far was he from any * fuch Thoughts, that he was entirely fatisfied of Her being * a unoft affectionate Kurfing-Mother to it. But he hoped * he might fay without Offence, that the Church may be in * Peril from other Caules, without any Reflection upon Her * Majefty's Government, or any Contradiction to Her Royal * Proclamation, and the Resolution of both Houfes of Parlia- * ment, four Years before. That if the Church be in. Dan- 1 ger, when the Chriftian Religion is evidently fo, he hoped * it would be thought no Crime to fay, it had fcarce ever. 4 been in greater Danger than it was at prefent, fince Chrilt 4 had a Church upon Earth. For beiides that Deluge of * Prophanenefs and Immorality,' which overfpreads the whole 4 Kingdom } befides the Variety, and growing Strength of 4 thofe Schifms which weaken and divide us, and of thofe. * Heterodox Opinions, arid Damnable Herefies, which are * daily publifh'd and propagated among us j he verily believ- *■ ed,: that never were the iviinilters of Chrift fo abus'd and 4 vilify'd, never was the Divine Authority of the Holy * Scriptures fo Arraign'd, and Ridicul'd, never were Infide- * lity, and Atheifm it ielf fo Impudent and Barefac'd, never 8 were fuch horrid Blalphemies Printed in any Chriftian c State, from the Foundation of Chriiuanity to this Day. ■ ; • •' r " ■ ■ . . \ < That (73) * That out of the many Inftances of this Kind, which, be- * jng ready at hand, he could have produc'd to their Lord- * flaps, he had Selected a few only \ but thole fuch, as he * was perfuaded their Lordlhips could not hear without * Horror and Ailonifbment. Pardon me, my Lords, added * he, if my Apprehenfion of the fad Confequences we may ex- 1 peel from fuch crying Abominations, have fore'd from me * lome ExpreiTions, which upon a lefs Occafion might feem 1 too harih, and vehement. A Man that dreads no Danger ' frbm ;uch unparalleird Iniquities, that do as it were call * down God's fevered Judgments upon that poor Ghurch,and * Nation, wherein they are openly and daringly Committed, ? muir be dead in hjs Love for his Country, and Religion. If * I have difclos'd fuch a frightful, and deteitable Scene of ! Impiety, which by reafon of your Lordlhips high Stations, 4 and great Employments, might pofiibly lie undifcover'd to * your Sight before ; I fhall think my felf happy, whatever * fhall befal me, if I may by God's Grace become the mean * Inltrument, of putting a ltop to that oveiflowing of Un- * godlinefs, and Blafphemy, which as yet no Laws, no Pro- * clamations, how well foever defign'd, and how often foeiei * repeated, have been able to reftrain. * Nor ought he to forget, tho' it was forgotten by the Ho- * nourable Managers, another Ground of Danger anting to * this Church fiom the Attempts of Popiih EmiiTnies, by * him mentioned, he hoped without the lealt Ouence, in his *, Sermon at St. Paul's, where he faid, It were highly to be % wiuYd that tho fe excellent Laws, made for the Defence * and Security of the Church, were at prcfent put ftridly in k Execution 5 for the Roman Catholick Agents, and Miilio- * naries, that fwarm about this great City, as 'twere in De~ * fiance and Contempt of them, were never more buiie in * making Profelytes to their Superitition and Idolatry, and *• perverting and debauching Her Majefty's Subjects in every 4 Corner of our Streets. That he had not been called upon * to prove the Truth of this PalTage,nor had it been reckon 'd 4 among the falfe Infmuations he had made that the Church 4 was in Danger. That he pray'd God, the Church might 4 be in no Danger, upon any of thefe Accounts I Her Ma-. * jelly, your Lordlhips, and the Commons, had indeed pro- 4 vided againil thefe Dangers by wholefome Laws } and he 4 hoped he did not exceed the Limits of his Function, when, c being call'd to Preach before Magiftrates,he exhorted them * to prevent thefe Dangers, by putting thofe Laws itridly in * Execution. . ■ '.* 4 That juft had been the Indignation of the Honourable * Houfe of Commons Juit would be your Lordlhips molt fevere 1 • 4 Relent;- (74) c Refentments if by any Parallel by him drawn he € ted that the Members of bojh Houfe?, who p 4 concerning the fafe and fiourifhing Condition 01 4 had been then Confpiring its Ruin \ That x~>c i 4 purg'd himfelf from this Imputation; by obfervih the * Parallel, afcrib'd to him, implies, that the] Voted 4 King Chailes the Firili to be out of Danger, ai ■ who 4 Conipir'd his Death, were the very lame Perk i., iiewfcs * it was certain they were net ; for the Vote about the King's * Safety was pafs'd by Lords and Commons an Year' and half 4 before his execrable Murther, which had been conuiv'd by * the Army, and was perpetrated by a pretended Ordinance * of a fmall Remnant of the Koufe of Corrknons (not a tenth * Part of the whole) after the refi. of the Members" had been * Imprifon'd, or Secluded, and without the Concurrent of * the Houfe of Peers, who totally rejected it. That trieir * Lordihips had a very different Representation of this Fad * made by one of the Learned Managers : but this was the * real Truth, as recited in the Act of Parliament for the At- * tainder of the King's Murtheiers ; and was an Evidence, 4 that he could not pofTibiy mean by any odious Parallel to c Infinuate, that the Members of both Houfes, who pafs'd * the Vote concerning the Safety of the Church, were then i Confpiring its Ruin. c That he humbly crav'd their Lordmips Patience yet a * little farther, whilir he fpoke to what was alledg'd in the 5 Fourth Article, which charged him with many Crimes of * a very high and flagrant Nature ; none of which had been « endeavour 'd to be prov'd upon him, other wife than from 4 fuppos'd SuggellionSj and undetermin'd Lxpreffions j and; 6 he mult Hill, with their Lordthips leave, humbly infill up- 4 oii it, that where the Expreflions are doubtful, there the « favourable Senfe is always to be preferr'd. 4 That after all that had been laid by the Learned Mana- c gers for the Commons, what Minilier of State, he beibught * their Lordfhips, had he been prov'd to Reflect upon, di- * redly, or indirectly ■? Where, and how did he by any Sug- * geilion, charge Her Majefty, or thofe in Authority under * Her, with a general Male-Adminiftration ? How did he « perfuade Her Subjects to keep up a Distinction of Parties, « and Factions, while he Reprov'd thofe who divided us by" < Jcnaviih Diiiindions, and while he perfuaded his Fellow - * S.ubjeds tolofe and foiget them ? How Was it pofiible he « fnould llir up the People to Arms and Violence, when he < was endeavouring to convince them of the utter Illegality « of Refinance upon any Pretence whatfoever ? That thefe $ things feem'd to be Inconultent5unlefs a Man may be thought 1 •■■**' (75) a Rebel for Recommending Lpyalty,or Seditious for Preach*- ing againit Sedition. 4 That he remember'd, ^indeed, at the Opening of this Charge againit him, that one of the Managers for the Houfe of Commons, vouch faf\i to offer his charitable Ailhlance towards Reconciling this iteming Inconfiitency } for he was pleated to fuppofe, that when he fpoke againft re- filling the Sovereign, he had not our Gracious Queen, but fome other Per foil in view ^ and that he might there- tore agreeably to his Principles of Non- Refinance, flir up the People to Arms and Violence againit Her Sacred Ma- jeily. That their Lordihips would once more pardon his Earneflnefs, if he call'd God to witnefs, that he utterly de- railed any fuch traiterous Intention ; and he fhould in his own Opinion be unworthy of the Name of a Chrillian, if he could give himfelf leave to caft fuch a black and ground- lefs Imputation upon any one in like Circumilances with his, who had given all poiTible Evidences of his Duty and Affecticn to the prefent Government. That he had takeii the Oaths of Allegiance to Her Majefty, and that of Ab- juration againit the Pretender, and when therefore he Preacrfd the Dofrrine of Non-Refjltance, it was molt appa- rent, that the Government, which he perfuaded his Fellow- Subjects not to Refiit, was the prefent Government ; and he humbly conceiv'd that the prefent Government could never be Overtum'd, if it were never Refilled. 1 How true a Zeal, and Affection, he had always born to Her Majelly's Perfon and Government, he left to be Judg'd by their Lordihips, and the whole World, from thole Pub- lick Demonitrations which he had given of it,at ail Times, when he had occaiion to make mention of either. That he hoped theii Lordihips would pardon him, if he refefd to fume of his own Printed Expreilions, as an evident Proof of his unfeigned Duty, and Allegiance. If, to call it the mojl Imflmable El effing this Kit ion could Enjoy, that Her Ma- jefly, the Good and Pious ReliR of the Royal Family, Jits vow hafpily upon the Throne of Her Jncejlors ; if to Pray, that God may long prefcrce Her for the Comfort and Support of the Churchy as the only Security, under God, it has to depend upon ; If, earneftly to Contend for the Safety, Rights, and EJlablifiment of Her Majefty, together with thofe of the Church ; //, to Vindi- cate Htr Majesty's Title to the Gown againfl the Vfurpations% Pretences, and Encroachments of Her Adverfaries, and to Affert Her Right to the Throne to have been fo clear, manifeft, and un- doubted jhat even Her worfi Enemies ( could fuch a Pious Prin- cefs be luppos'd to have anyj mufi acknowledge it \.That She WiU Prod aim" d as 'twere by the Voice ofGodjn theuniverfaljoy, 4 &f ( ff 3 6 Satisfaction, and Unanimity of Her Subjefts, that Her perfonal Merit exempted from that, made Her worthy of a bnghto Dia- £ dem than She wears ; If, to pcrfuade Her Sub j efts with the moft *- hearty Zeal, and Generofity, to enter into a necejfary War , for * the Defence of Her Majefty, and the common Prefervat'wn of our * Church, Liberties, and ConftitutiGn, againfl a powerful Adver- * fary 3 tft to befeech God to pro/per fo good an Undertaking, to * give an happy Event and Ijfue to fuch a Rightful Caufe, to * Crown our Aims withViftory, and to make them as fuccefful, * as they are Juft, and Honourable • And that, iu otder to this, ' we are all bound, both iu Duty to God, and our Sovereign, as 6 well as by our own Inter eft, unanimoufly, and heartily ta Affift, 6 and Support Her under this great Undertaking, as far as our 6 Prayers, and Eft at es, Lives, and Fortunes canferve Her\ If, f to pofuade Her SubjjiBs, that the great and theatn'rng Dangers 6 of cur Enemies, ftionld have that juft Effeft upon us; to Unite * us, as much in our Rcfolutions and Affections, as they do in our e common Inter efts, Appr eh enlions, and 'Troubles -y If, to Set out 6 the Blcjjings we enjoy in the wife Conftitution of our Government 6 and Laws, in the moft refin d Policies of our Parliament and t Miniftry. in the Si>ength and Number of our Jnnies, Fleets, 6 and Confederates, in the Care and watchful Vigilance, the Cou- * ragey Resolution and Conduft of our General, and above all in L the Piety and Prudence of our moft gracious Q/UEENj If, c to aftrm thai She daily gives frejb Inftanccs of Her JPifdom, in * the happy Admiwftraiiou of He* Government, and in nothing * more ft). ws Hi r Policy., and diftingiujhing Judgment, than in ma- 6 king Choice of fuch Minifters of State, who are acceptable ta '; their Count))', and exprefs fuch a Zeal and Steadmefs in its 9 Service and t)uz Intere/ls, and whom nothing could Bribe, or * Betray into a Party, wherein it wight any ways feem to be cn- \ danger^d^ If, with the mod ai dent Requ efts to implore God's *■ Providence, which through fo maw Dangers and Difficulties has £ raised up, and pre fervid Her Majefty, to carry on thefe glorious 6 undertakings with Succefs, that She may be able to Rejlore and. * Settle the Peace o/Europe, in its juft Rights and Limitations j 4 and that, as Gd.4 has beftow'd a Crown upon Her in this World, * as the Reward of thefe heroic and pious Defigns, fo, after a long * Reign here, he would advance Her. .to an higher Throne in Hea- $ ven, and. "Aignifte Her with a glorious and immortal Crown here- ' after :" That it" this, laid he, isialfely and malicioully to fc Suggeft that Her Majeity's Adminiitraiion both in Ecclefi- * altical and Civil Affairs, tends to the DeitrucHon of the. fe Coniikution • If this be charging Her Majefty, and thofe in \ Authority under Her, both m Church and Srate, with a c. general Male-Adrniniftration ^ If ttiis be,' as an Incendia- 5 ry, to perfuade tfei Subjects to keep up DifUnctions of Fa- *'■■■.' 6 dions (77) « clions and Parties ^ If this be Ini'lilling groundlefs Jc^o * lies, fomenting deftrucHve Divifions, and ilirring up Ik? 4 Majeity's Subjtds to Arms and Violence, againit any but 4 Her Enemies, then he was Guilty of this Article of Im- 4 peachment } otherwife, lie was Innocent. 4 That he had always thought it his Duty, upon all pub* * lick Occafions, to AlFert thefe Principles of Loyalty and ' Subjection to the Supreme Power, whenever he had a pro* 4 per Call lb to do ^ of which there were numbeilefs Wit- * neiles in thofe feveral Places to which he had belong'd. * That one of thefe he begg'd leave of their Lordfhips parti- * cularly to mention, Magdalen College in Oxford^ whereof he * was at prefent an unworthy Member ^ and which by the 1 known Sufferings of the whole Body for the Church and * Con ft it ut ion, contributed as much towards the late happy * Revolution as any Society in the Kingdom. To which * Honourable Society he humbly appeal'd for his Character * and Behaviour. Adding he could alfo appeal for the fame ' to a Right Reverend Lord, now Sitting on the Bench of f Bilhops. 4 That had it been fit to have troubled their Lordfhips * with Evidences of his hearty Affection to the prefent Go- 4 vernment, he could have produced them in great Abun- * dance, from the Perfons with whom he had Convers'd, 1 from the Gentlemen whom he had Bred up, and from the * Congregations to which he had Preach'o. That if his * Principles had any Tendency towards Alienating the Affe- * ctions of Her Majeity's Subjects, furely fome one Initance * of his Difloyalty to the QUEEN, fome favourable £x- * preilions towards the Pretender, fome Indications of his * Diilike to the prefent Settlement, and the Proteltant Sue- 4 ceiTion, might have been pitch'd upon, and expos'd to 4 their Lordfhips, in order to juitihe the Charge of Sedition * againit him. But he could not, but with Pleafure, ob- 4 ferve to their Lordfhips, that from the whole Courfe of 4 his Actions, no one Initance of that kind was alledgd, or * fo much as pretended. 4 That the Charge of wickedly wrefting divers Texts of 4 Scripture lay very heavy upon him, as a Chriltian and Mi- € nifter of Chriit. That if he was Guilty of it, there was *. another Tribunal, another Bar at which he was to appear, 4 and where by that Scripture, which he had wrcfted, he 4 mould be Judg'd and Condemn'd. That in the mean time, * he hoped, that thofe, whofe particular Prcfeffion, ana 4 Studies qualify them to be the molt competent Judges of 4 fuch Mautrs, would abfolve him in this Particular. < Th* • That upon the whole, therefore he hoped It appearM, that he was not Guilty of any of the Crimes of which he was accus'd, that he had Tranfgrefs'd no Law of the Landj neither Statute, nor Common Law, relating either to Het Majelty, or to his Fellow Subje&s* to the Church, or to the State: and that he might with all Humility ap-* ply to his own Cafe, the Words of that blerTed Apofllej whofe Doctrine he defended, and whofe Example he hoped he fhould have the Grace to follow, Neither againft the Law, nor agaivfl the Temple, nor againji C&far, have I offended any thing at all, ' That what he had hitherto humbly offered to their Lordfhips related to his Words and Actions; and as to the Thoughts and Intentions of hisHeart,which were known only to God, and his own Confcience, and which were afrirm'd in his Impeachment to be wicked, feditious and malicious 5 he call'd the Searcher of Hearts to witnefs in the moft fo- lemn, and religious Manner, as he expected to be acquited before God, and his Holy Angels, at that Dreadful Tribu- nal, before which not only he, but all the World* even their Lordfhips, who now fet in Judgment upon him, mult appear, to be Acquitted or Condemn'dj that he had no fuch wicked, feditious, or malicious Intentions ; that there was nothing upon Earth, he more detefted and ab-* hor'd \ that his Defigns were in every refpeel:, direct- ly contrary. I had, added he, no Intention to afperle the Memory of his late Majeity, to traduce, or condemn the late Happy Revolution, or to arraign the Refolutions of both Houfes of Parliament. So far was 1 from detign- ing tb undermine and fubvert Her Majeity's Government* and the Proteftant Succefiion as by Law EilabliuVd, that it was my Iincere Intention to exert my bell Endeavours for their Security. So far was I from intending, to perfuade Her Majeily's Subjects to keep up a DiilincUon of Parties and Factions, from fnflilling groundlefs jealoufies, foment-- ing delbudtiveDivifions among them, or exciting and ilir-» ring them tip to Arms and Violence, that my Aim was to? perluade them to lay afide all Diitinftions, to unite in one "CveH-compacted Body, to be Obedient to their Governors* and to lupport the prefent Eilablifhment. So far was I from defigning to defame Her Majeity's Adminillr2tion, or to infufe any utf dutiful Thoughts of Her, that I not only pay Her all Honour and Obedience, but am from the bot- tom of my Soul zealoufly, and affectionately Loyal to Her ^ being entirely perfwadedj that the Church is ib far from beipg in Danger from Her, that She is as heartily affected y) its Eitablifhment, and Profperity, as I hope I have ' always C79) ' always fhewM my felf to be to Her Sacred F'erfon, an3 * Government. * That as to the Proteftant Succefiion by Law EflablifVd, f c tho' the Doctrine which he preach'd tended to the Security/' 1 of it, fas he heartily defiied every thing by him fpokfifi 4 mould tend,) yet having no Occafion in either of his Ser~ * mons to take Notice of it, he did no where in thole Ser- * mdns mention it, nor fay any thing that could be Inter- * preted to have any View towards it. Therefore tho* he ' could not with his belt Application apprehend, how it * came to be faid in the Preamble to his Impeachment, that 1 he had defign'd to undermine and fubvert ir, yet lie ihould * gladly take this Opportunity, of declaring himfelf befoie, 1 their Lordfhips upon that Subject. It is, fiid he, my Sin- « £ere and Hearty Prayer, that God would prolong the Lire * of Her Molt Sacred Mijeity, whofe Exemplary Goodneis * and Piety, give us the bell Hopes we have of averting that * Vengeance, which is due to the Wicked nefs of the Age * we live in ^ that He would blefs Her Councils at Home, 1 and Her Arms Abroad, and make Her Reign exceed that 1 of Her Renown'd PredeceiTor Queen Elizabeth,, in Length* « as well as Glory; ' But when the Inheretrix of the BlelTed 1 Martyr's Crown, and Piety, when She, the Defire of our * Eyes, and the Breath of our Noltriis, mall full of Years, * and Honour, be Gather'd to Her Fathers, and exchange * Her Temporal for an Immortal Crown , (fince we are depriv'd * of that Prince, Her Royal Offspring, whofe Lofs no true 4 Lover of his Country, and of the Royal Family can reflect * upon without a Bleeding Heart, and whom God in his * Anger took from us, becaufe we were unworthy of fo ine- * ftimable a Blefling,) I eaineicly befeech God, in defect of ' Future IiTue from Her Majeity, to Perpetuate the Succeilion ' of the Crown, as it is Eitablifh'd in the moil Illuftrious * Houfe of Hannover, which I look upon as, next to his Pro- c vidence, the belt Guard we have again It Popery and Arbi- * trary Power, the belt Security of our Church, and of the * Conftitution of our Government, which is the Glory and * Happinefs of our own .Nation, and the Envy of all others. € And I cannot yet apprehend, how the Doctrine, which I ' have taught tends to weaken or undermine it \ nor on the * other fide, how the Doctrine of Refinance, which brought * Her Majeity's Royal Grand-father to the Block, (fuppoiing * it a true Doctrine) comes to be mention'd or thought oif 1 much lets ro be induitrioufly maintain'd, as a necelfcry and * im .p'entYuie Duty,under the moil mild and gracious Admi- * aticil of the belt of Queens. Nothing feems more itrange * than that Refinance ihould be lb carefully taught under fucn oveinmentj unlets it be that iNon-ReiiUance overturn it. 1 i>o (8o) So far, added he, was I therefore from having any of thcfe wicked, malicious, or feditious Defigns, which are laid to' my Charge, that my Intentions were, on the contrary, to inilill the Principles of Loyalty and Obedience into my Fel- low-Subje£ts, and withal to put a flop to that Torrent of Lewdnefs, Irreligion, and Atheifm, of which I have gi- ven your Lordfhips fe many flagrant Tefiimonies. * Thofe outrageous Infults upon God, and Goodnefs, con- tinued he, are fo Provoking, that they may excufe fome Heat, and Severity of Expreflion in a Miniiter of Chrilt, who has a juft Senfe of Religion, a due Concern for the Di (charge of his Holy Function, or for the Honour of his Maker and Redeemer. And if any Objection be made a- gainlt me, for Treating with an Unbecoming Bittemefs fuch Daring Rablhekahs, who defy the Living God ; I beg leave to Reply in the Words of a Reverend Father of our Church, Let them confider what Moderation, and Tem- per, a Man had need be o£j that in this Nation, and this Age, fhall fpeak againlt. Fa&ion, Rebellion (I add, Deifm, Tritheifm, and all forts of Herely, Blafphemy, and A- theifm) without extraordinary Severity. Nay, it is our Duty in fuch Cafes, to exprefs our felves with Warmth and Sharpnefs, according to the Example of our Bleiled Sa- viour 5 who tho' Meeknefs it felf, could not but ihew the utmoit Indignation at the Profaning the Houfe or God. This is not, my Lords, to rail, but to rebuke j and thofe, who ridicule, or cenfure us for it, either have not, I pre- fume, or will not own they have, a right Notion of the Dignity of our Office *, will not confider, that we are the Ambaifadors of Chrilt, that we are commanded, in his Name, to exhort, and rebuke with all Authority; and that our Authority is deriv'd from thofe to whom it was laid by our Bletied Saviour, He that defpifeth you, defpi- feth me,' and he that defpifeth me, defpifeth him that lent me : Whatever Exprefiions therefore in my Sermons may have dipt from me, which feem fo far liable to Exceptions as to carry a Senfe I never intended (as lie muft be an happy Speaker indeed, whole Words are altogether unex- ceptionablej yet I humbly hope, the above-mentioned Pro- vocations will plead my Excufe, or that, at the very worir, fome haily, or even violent Exprefiions, fhall not be deem'd High Crimes and Mildemeanors. I defire it may be far- £h« conlider'd by your Lordfhip's, that I could have no: Temporal Intereits to ferve by the Doctrines 1 advanc'd 3 and therefore could have no Deiign in view, but to dif- charge my Duty to God, as a Miniiter of Chrilt, and to m Sovcieign, as a FakhfuL and Loyal Subject. * That (8i ) * That thefe Things being humbly offer'd to the Confide- ' ration of their Lordfhips, lie hoped, that what he h?d * already fuffer'd, as a fuppofed Criminal, would be thought * fufficient Punimment for one, who had offended againit no c Law yet in Being. That it mult be thought no little 4 Grief, and Vexation to any ingenuous Man, to be brought c to that Bar, under the leaft SuTpicibri of fuch Crinaes as * were laid to his Charge $ but for a Perfon of his Function! J to have an Accufation of this Nature alledg'd againft him^ ' fo heinouily reflecting upon his Holy Character, was inch a * foul Blot, as though his Innocence fhould atlaft be clear'd c by their Lordfhips, upon the mo'il undeniable Evidence,- * muft leave a Scar upon his good Name • which is to alt 4 Men dear, but much more fo to thofe, whofe whole ' Capacity cf doing good in the World principally depends 1 upon it. * That as the Matter of his Charge was highly Criminal; 1 fo the Form and Manner of it ran in fuch general and uii- ' certain Terms, that 'twas impoflible to know the Grounds * of his Accufation ; or how to defend himfelf, when he 1 knew not where he mould be attack'd. So that after he ' had provided as particular aii Anfwer as fuch a general Ac- * cufation would admit of, the Commons were pieafed in i their Replication to fay, that there were feveral Things in * it Foreign to the Charge. That to the great Misfortune c of falling under the Difpleafure of that Honou-able Houfe, ■ he might add, That of a long and clofe Confinement, and c of an Expence no ways proportion'd to his Circum[lance?0 ■ That thefe were Afflictions which could be conceiv'd by no' * Body fo well as by him, Who had been fo unhappy as to * feel the Weight of them. And among thefe he reckon \i k * not the leaft of his Sufferings^ that he had been for fd J long a time debarr'dj from taking heed to that Flock, c- 4 ver which the Holy G holt had made him anOverieer. Fetf ' even fince he had had his Liberty, by the Favour of their * Lordfhips admitting him to Bail, he had purpofely avoid- ed doing any Part of the Duty of his Function, or even appearing in Publick, leaft it fhould occaiion any Tumult * or Diiturbance ; as his neceffary Attendance on their Lord- fhips from time to time, had fince been thought unhappily to have done without any Fault of his, or the leaft de- gree of Encouragement given by him, which he proiefs'd^ in the Prefence of God, to abhor. ? That all thefe Circumltances being confider'df, together* with the publick Manner, the Length and Solemnity pt' his Tryal, before lb Auguft a' Court of Judicature, by which Mean; he was nuae a Gazing-ftocfc, both by p. -■ ■ (82) 1 proaches, and Afflictions, and a Spedlacle to the whole * World 5 he had flood in thar Place Day after Day, to hear * himfelf Accus'd of the blackefl Crimes, and openly revil'd j * he had been reprefented as a Papift in Difguife, as a Rebel, 4 as an Enemy to Her Majefly's Perfon and Government, and * a Favourer of the Pretender, tho' he had abjur'd him, ('but 4 not forgot him, as a Learned Perfon was pleas'd to fay) " that is, as the worfl of Perjur'd Villains: That he had * been call'd an infignificant Tool of a Party on the one * Hand, and a moft dangerous Incendiary on the other, nay, * an Angel, that is a Devil, detach'd from the Infernal Re- 4 gions: All which things, he faid, being confider'd, (and * their Lordfhips he was fure, in tender CompafTion to him, 4 would confider them,) it was moil certain, that, whatever * be their Lordfiiips Determination concerning him, he would 4 not efcape without being a very great Sufferer, and he 4 (hould have been abundantly punifh'd, tho' he Ihould 4, have the Happinefs to be by their Lordfhips at lafl Ac- 4 quitted. 4 Thar yet, he could not ReflecT: without Comfort, (the 4 greatest of Comforts next to that of a good Caufe, and a 4 good Conference; that he Anfwrfd for himfelf that Day 4 before the moft Illuitricus Afitmbly in the World, the 4 whole Body of the Nooility of Great-Britain ; whofe 4 Princely Extraction, and High Quality, whofe Magnifi- 4 cent Titles, and Splendid Fortunes, whofe Hereditary 8 Candor and Generofuy, inherent in Nolle Blood, infepa- 4 rable from the Biici. and Education of Peers ; in a Word, 4 whofe Solid Judgment, and exact Skill in the Laws of this * Realm, fo eminently Qualify them foi the final Determina- 4 rion of Jultice ^ v. no are neither to be fway'd by Hopes, 4 over-rul'd by Fears, no: mil-led by any Falfe Prejudice or 4 PalTion. That if it mule be a Man's Misfortune to labour 4 under fuch hard Ciroxmitances as his, it was no frnall Mi- 4 ligation of tnem, that lit pleaded his Caufe before fuch 4 Judges, who. he knows, will Decide it with the itricleit 4 Impartiality, Equity, and Honour. 4 That when he confider'd that he now itood, and was * Judg4d for fome of the Doctrines of that Gofpel, which 4 Gc d delivered unto our Fathers, and they, the Lords the 4 Biihops, their Succeifors, had received from Chrift and his € Apoitles, as the facred Depofnum of the Church, to be * Maintained inviolably in its Primitive Simplicity , when 4 he confiders, what is the Caufe for which he was that Day 4 call'd in QueiUon j that it is One cf thofe Eternal Truths, 4 which they were to Solemnly Commiiiion'd to Teach, and * earnehTy Contend for j when he conhder'd, that 'us what * cur C 83 ) - ' our BlefTed Lord and his A pottles feal'd with their precious 4 Blood, and fo many Primitive Martyrs maintain'd even irl * the midft of Flames, fo many Learned Bilhops, and Con* * feffbrs recommended to Poiierity in their immortal Wri- * tings, a3 the diftinguifhing Badge, and Glory of our Re~ * formation ^ nay, when he eonfideiM, that 'tis what the 4 Lords, the Bilhops themfelves had already fupported with 4 inconteftable Reafon, and Authority ; it was no fmall Sa- * tisfaction to him to think, that as their Lordlhips are his * Judges, fo, he hoped in God, they muft be his Advocate?.; 4 What a Guilt, aadtd he, as well as Difgrace, would it * juftly devolve upon the Clergy, to recede from any Princi- 1 pie of cur excellent Church, efpecially trom what has been 4 fo long retain'd, and boaiied of, as its peculiar Character ! 4 By abandoning which, we aauft relapfe into fome of the 4 worft Doctrines even of Popery it x'elf, and render our felves 4 the mo ft contemptible, as well as inconfif tent Church in the' * World ! I think, I may therefore with Confidence ufe the * Words of the Great Apoflle to his Accufers, having obtain" d 4 Help from God, I continue unto this Day, witnejjing both to 4 fmall and great \ faying none other things than ihofe which the 4 Prophets and Mofes (I may add Chriic and his Apoftles) did 4 fay. 4 For, my Lords, (continued he) if I have committed any 4 Faults or Errours in ExpreiTion, yet as I infill upon my 4 Innocence with refpect to all the High Crimes laid to my 4 Charge, fo I muft ftill infill upon ah the Doctrines whicn « I have taught, as being agreeable to the Word of God, and * to the Doctrine of our moil excellent and truly Apoiioiical « Church, and which we of the Clergy are oblig'd both by « Subfcription and Oath to acknowledge, and defend. And { how hard are our Circumftances, if we muft be panifh'd in « this World for doing that, which if we do not, we ... « be more heavily punilh'd in the next ! What a Condition ' are we in, if we are commanded to cry aloud and fparc not, < to exhort, rebuke, in Seafonand out of Seafon, on the one f Hand, and profecuted, imprifon'd, ruin'd on the other 1 < If this be our Cafe, who indeed is fufficient for thefe things ? « And how truly may we of the Miniftry above all Men IhM « ing, apply to our felves thofe Words of the Apoftle, If in * this Life only we have Hope in Cfoijl, we are of all Mm mofl 1 miferable : But our Comfort is, that our Hope in Chiiit h * not only in this Life. Juftly might we be repioach'd, and * deferve fome of thofe Reflections, which in thefe Licen- * tious times are fo plentifully poui'd upon us, were we not 4 ready to practice the Doctrines we preach, of Self- Denial, * taking up our Crofs, and patient Submifficn to Sufferings F i a an£ (84) € and Afflictions ! For my own part, it matters not what be- 6 comes of me, nor is my Deliverance, or Ruin, of any Mo- *' merit to the World \ for, if it be, I am ready not only to be bound, but to dye, could I by that do Service to my c; Queen, my Church, or my Country ; neither count I my life dear, lb that I might fin ifn my Courfe with Joy, and f the Miniftry which I have received of the Lord Jefus. But may God fo direct your Lordfhips, that through me a 4 Wound may not be given to the Doctrines of the Scrip* 4 tures, and of the Church, which Chrifl hath purchased with ' his own Bloo^l. ( And fo, ((aid he in the Conclufion) with all Humility * and Refignation, I fubmit my felf to your Lordfhips Judg- * ment be it what it will, one Thing, I am fure it can never * take from me, the Power of Wifhing and Praying, and * (whether in Prosperity or Adverfity, whether I am Ac- * quitted, or Condemn'd,) I fhall always pray for the Queen * my Sovereign, for your Lordfhips my Judges, and for the * Commons my Aectffers; molt eameitly befeeching Almighty c God, to deliver all Orders, and Degrees of Men arnongit * us, From all Falfe Doclrine, Hetefy, and Schifin, from Hardnefs * of Heart, from Contempt of his Word and Commandment, from * Envy, Hatred and Malice, and all Uncharitablenefs. The Doctor having done Speaking, the Lords adjourn'd to their Houfe above. But it is to be obierv'd that the Do- ctor's Speech made fo great an Impreffion on the Generality of the Ladies there preient, that many of them could not forbear ihedding Tears. However it had a contrary Effect on forne of the Spectators, who did not approve his Imprecations again it what he ieem'd to have plainly Delivered in his Sermons. Thi The next Day, the 2th of March, being the An- niverfary oftheQneetfs Acccjfion to the Throne^ the Parliament did not fit : But on the qth the Lords went down into Weftminfter-Hall 5 and the Commons, and their Managers, having taken their Places, and the Qiteen being pre- fent, the Lord-Chancelldr told the Managers^ that they might proceed to their Reply. March 9th, being the Ninth Bay of the Tryal, the Managers of the Commons proceed to their Reply. Sir Jofeph JekyllV TJEreupon Sir Jofeph JehyJl faid, That Speech. " Ljl Doctor Sachevercll and his Council having concluded what they had to offer to their Lordfhips, he mould enter upon the Province allign'd to him in fmther Execution of the Commands of the Houfe of Commons, which was to reply to the Defence made for the Doctor to the firlt Article of the Commons Charge. That he fhould take Notice, rlrft, of the ConceiTions made by the Doctor's Council ; fecondly, of the Expofition they had put upon, thofe PalT'ages of the Sermon, which had been relyed on by the Commons to maintain this Article ^ and, thirdly, of the Acts of Parliament, the Homilies, the Books, the Sermons^ the Pamphlets and the Gazettes which the Doctor's Council had call'd for to be read to their Lordfhips. That if he fhould fatisfie their Lordfhips, that the ConceiTions made by the Doctor's Council were a departure from the De- fence made for him in his Anfwer, that they were ex- torted by NeccfFity , and were likely to be retracted when this Turn was ferv'a ; H he fhould fhew their Lord-? fhips, that their Expoiition of the PaiTages in the Sermon^ was contrary to the plain Meaning of t ho Lb Parages • if he fhould fhew, that the Alls of Parliament^ the Homilies, and the other Prints that had been produe'd, were either imma- terial, or condemn the Doctrine laid down in the Sermon , and if he fnould fhew, that this Criminal, for fo he muft cill him, iirice the Houfe of Commons had call'd him fo ; (whether he would be fo in the Event, He agreed, reited only in their Lordfhips Judgment) if he faid he fhould fhew F f I lie ( 86 be was guilty of a mod heinous Offence, he fhould not doubt of their Lordihip's JufTice, That, the Conceflions were thefe, That Necefjity creates an Exception to the General Rule of SuhmiJJion to the Prince * That fuch Exception is underflood or implied in the Laws that require fuch Submifion, and that the Cafe of the Revolution was a Cafe of tfecejjity. That thefe are Conceflions lb ample, and do fo fully anfwer the Drift of the Commons in this Article, and are to the utmoft Extent of their Meaning in it, that he could not forbear congratulating them upon this Succefs of their Impeachment \ that in full Parliament this erroneous Dp- Brine of unlimited Non-Refiftance was given up and difclaim'd j And might it not, in after Ages, he an Addition to the Glories of this bright Reign, that fo many of thofe who were honour' d with being in Her Majefty^s Service, had been, at their hordfnps Bar^ this fuccefsfvMy contending for the National Rights of Her People, find proving they are not precarious or remedilefs. But to return to thefe Conceflions ; he mull appeal to their Lordfhips, whether they were not a total Departure from the Doctor's Anfwer. That in his Anfwer he takes Notice that the general Ailertion in his Sermon, of the utter Ille- gality of Refinance, is a colourable Pretence for the Article ^ * but does he (continued Sir Jofeph) add the Fveilriction or 1 Limitation to it, which hath been now thought neceflary, f and hath been infilled upon as moil material for his Defence ? * No, my Lords, but the quite contrary • for thefe are the * Words of his Anfwer, The [aid Henry iacheverell doth with * all Humility aver the Illegality of Rejijlance, on any Pretence * whatfoever, to be the true Doctrine of the Church of England, c Now, could any thing have been more material for him in * his Anfwer, then adding thefe Reftriclions to his General 6 Aflertion in his Sermon, which his Council now fay he « intended, though he did not exprefs ? Or if that was his S Intention, could he poflibly have forgot it , when the frame * of his Anfwer was under Confideration ? That now the Doctor faw the Rcfolution of the Commons,, and the Endeavours of thole who had tneir Commands to carry on this Profecution to bring him to Puniihment ; now he faw their Lordfhips daily Attendance upon this Tryal, and their Attention to the Charge againft him , now he faw, if he had abided by his Anfwer, he mult have been condemn- ed, ox the Revolution • thefe were the Motives which had prevailed upon him to" tolerate his Council to make thefe un- willing Concef/iov.s, and had extorted them from him. But how little thefe Conceflions ought to avail him, their Lord- fhips would fee; vaen they cohiider'd how likely it was he («*■) would retract them when this Turn was i'erved. Might we not then expect he would ufe this very Argument of Neceflity, the Coercion or Reitraint he was under by this Profecution, as an Excufe for thefe Concefftons ? And when their Lord- fhips were told, that it is the Duty of Divines (whofe Office it is to explain the Scripture to the People) to inculcate this DoBrine of Non-Refijlxnce in the moft unconftn'd and unlimited Terms they are able, and mentally referve the Exception to. themfelves ; when Authorities had been produced for alTerting this Do- ctrine in fuch a manner as to exclude any Exception what- foever, and the Doftor himfelf did not exprefly come into thefe Conceflions, it was certain they ought not to be of any Avail to him. That their Lordfhips would therefore give him Leave to coniider the Expofition which had been put on thofe PalTages, which the Commons relyed on for Proof of their firft Article : And he fliouldfhow that Expofition to be contrary to the. plain Meaning of thofe PalTages. That he readily agreed that no Jlrahfd Imiendo^s, or fuppo- fed and forced Conftnittions f which were the Words us'd in the Reafon given, for reverting the Judgment in Sir Samuel Bar- nardijlon's Cafe) ought to be admitted to explain the Mean- ing of the Doctor, in order to prove him Criminal. That he thought the Principles laid down upon the Reverfal of that Judgment are fclid and jult, and therefore nothing but ex- prefs Words, or a neceffary Implication collected from a Man's Words, can make him an Offender. But he would not have it gone away with, that there muft be exprefs Words of Scandal to make a Man Criminal } That indirect or ob- lique Scandal has in all times been met with, and punifh'dj, in the ordinary Courts of Jultice ; and if it were otherwife„ that which aggravates the Crime ( the Subtilty or Contriv- ance of it) would prevent the Punifhment : And therefore it is that Ironical Scandal, nay, even dumb Scaifrdal (Scandal by Pictures, or by Signs) as is mentioned in the Cafe de hihell'is Famojis, in my Lord Chief- Juftice Code's Fifth Report, is punilhable by Law j the only Caution neceffary in thefe Cafes being, that the Conftruction or Interpretation be not ftrain'd or forc'd. That in this Cafe they hid not only a fe- ditious Meaning plainly collected from the Doctor's Words, but exprefs Criminal Words, a falfe Suggeiticn, that his late Majeity in his Declaration difclaim'd the leaft Imputation of Reiiflance, introduc'd for a malicious and feditious Pui- pofe. That the firft Article had been rightly divided into three Parts ; the Doctor is charg'd with fuggefling and maintain- ing, firft, That the neceffary Means usid to bring about the fcevo* lutiont were odiow and wjuftifiable $ feconaiy, Thai his late Ei'4 ffl& (88) Majefty %n his Declaration d\f claimed the haji Imputation of Rc~ fflance; and, thirdly, That to impute Refinance to the Revolu- tion, is to cafl black and odious Colours on his late Majejly and the Revolution. That the two la.il Branches were particulars, the firft was the General ; and if the two lait were proved. Inch Proof made out the firft ; but he fhould confider the Anfwer given by the Doctor's Council to the Proof of the two lait Branches in their Order, and proceed to confider the Anfwer that had been given to the proper Proofs of the Shit. That the firft Proof of this Branch was. the general Affer- t;on of the utter Illegality of Refftance upon any Pretence what- soever : In Anfwer to which it had been faid,' that this is Spoken of the Supreme Power, which is the Legiflative Pow- <:r, and then there ought tp be no Exception whatfoever. But that the Doctor did not mean the Supreme Legiflative Power ^ but the Supreme Executive Power, was evident, firft, From the Account he preiently gives of thofe that oppofe his Prin- ciple of Non-Refiftance, which runs all along upon the Per- ion of the Prince only, as Cancelling their Allegiance, calling their Sovereign to Account, Dethroning and Murthering him. Secondly and Principally, From his bringing ill the Cafe of the Revolution, as urg'd by thofe who are Adverfaiies to his Principle of Non-Refiitance. That now the Revolution was riot, could not be urg'd as an Iniiance of the Lawfulnefs of any thing, but of refifiing the Supreme Executive Power, acting in Oppoiition to the Laws ; and this the Doctor him- felf admitted, when he told their Lordfnips that the Supreme Power was not then Re fifed* This is therefore the Supremo Power he affirms it is utterly unlawful to refut. That it being faid by one of the Doctor's Council, That the N')n~RejiJiai!ce the DoBpr preaches up, is the utter Illegality of to his Allertion concerning Active Gbedience.and not Pa dive, as would appear by reading the whole" Sentence : The grand Security of our Government, and the .very Pillar upon which it jlands, is founded upon the fteady Belief cf the Sub jetls Obliga- tion to an abfohute ana unconaiiionalQbediencc to the SuprennPower in all Things lawful, and the utter Illegality of Reffiance upon a >,y Pretence whatfoever. The one dividing^Member of the Sentence is, the Obligation 10 Obedience hi all 'things Lawful; the other, the Illegality of Rejifiance on any Pretence whatfoever • the one is reiirain'd, the other unlimited : It mult be taken there- fore (notwithllanding thefe Objections) That the Doctor siTti ts the litter Illegal 'j:y of Refinance id the 'Supreme Executive potter- (89) Power, tho* acting not in Conformity, but in Contradiction to the Laws. That as to the fecond Proof of the firft Branch of this Article, which is, the Doctor's Infinuation that t lie Parlia- ment difown'd the Rehftance at the Revolution, by declaring they fet the Crown on the King's Head on no other Title than of the Vacancy of the Throne* One of the Council thought fit to ftand to this Fad, becaufe the Vacancy of the Throne is mention'd in tthe Bill of Rights j and, he faid, there is no other Fall there flat ed. But that the iame Act took Notice of the Male Adminiitration of King James, and his Abdicating the Government, as the Means by which the Throne became void -, And he appeal'd to their Lordlhips journal, and the Journal of the Houfe of Commons, whether the Word Abdi- cated was not ufed rather than the Word Deferted, (after a Conference between the two HoufesJ for this Reafon, infilled on by the Commons, that that Word Abdicate included in it Male-Adminiitration , which the Word Defer t did not. That the fame Council faid,the^# for pi veventingVexatiousSuits urg'd by the Commons as a Parliamentary Declaration, jwiti- fying the Refinance at the Revolution^ was only for Indemni- fying thofe that acted at that time, and was no more than was done in the Reign of Edward the Third, after Edward the Second wasDethron'd. But that this was no manner of Anfwer to the Declaratory Part of that Law, which takes notice of the King's under raking a Glorious Enterprize, for de- livering the Kingdom from ropery and Arbitrary Power, and that divers Subjecls, in Aid and purfuauce of that Enter prize, did fe- deral Alls of Violence and Refiftance, and this Law declares fuch A%s were necejfaiy, and ought to be juflified. And Sir Jofeph Jekyll could not but obferve by the way, that the Par- liament and the Dodtor were of different Opinions ; the Par- liament thought that Refinance ought to be juitified, the Ltoclor thought not; and if fo, then Dottw Sacheverell did fuggeft and maintain, that the necejfary Means ufed to bring about the Revolution were odious and urfujtifiable. That as to the Second Branch of the Firft Article, the Doctor's Alien ion, That his late Majefly in his Declaration dif- claimed the haft Imputation of Refiftance *3 His Council did ad- mit this AiTertion was in the Seriron, and that this Aifer- tion was not true ; but they laid it was a Miilake only in the Doctor, that the Doctor has exprefs'd himfelf fomewhat ob- fcureiy, and now he had explain'd himfelf, that Explanation ought to be receiv'd. That the Doctor meant Conquefts, and fo lie had explain'd himfelf, not only in the Marginal Note, but in the Sermon it lelf. That it^ this were fo, it would be a (90) a good Defence ; but that this was not a Miftake, or rather was a wilful one in the Doctor, and that he thereby defign'd to Traduce the Memory of his late Majefly and the Revolu- tion, fhould be fhewn from what his own Council infill- ed on. That they faid the Doclor muft mean Conque]iy lecaufe the Prince of Orange, who was no Subjeft, but a Sovereign Prince, could not he faid to refifty according to the common Under ft anding of that Word. That it is true, the Prince of Orange could not be faid to Refill, and fo could not difclaim Refiitance for himfelf ^ but could he not be join'd and afTnled by the Sub- jects of the Realm, who might be faid to refill, and were invited by him lb to do ? Did not this appear by the whole Tenor of his Declaration, and even by the Parages quoted by the Dodlor I And fince his late Majeily could not be faid to re- fill, but the Subjects, who, upon his Invitation, join'd with him, could, and the Refinance of Subjecls is what the Do- ctor was (peaking againft ; it was plain, that the Doctor fpoke of the King's difclaiming the Refiitance of thofe who join'd with him, and not his own Refinance. And therefore the Quotation of the Paffage out of the Prince's Declaration, at the bottom of that Page did not make out that he meant Con- quefl, by Refinance in his Sermon ; or if it did, would it excufethe Doctor's Preaching this Part of his Sermon, which was done without referring to that Paffage? That it was faid he had explain'd that he meant Conqueft by Refinance in the Body of the Sermon, becaufe he fays the Parlia- mentburnt a Libel that would lave pleaded the Title ofCo?i£[ue3, by which Rejiftance was fuppojed • but that this Paffage doth nor make out that he meant Conqueft by Refiitance, was evident from his making Rejiftance not to be Co?iqueft, but only an Ingredient in it. And by reprefenting Rejiftance and Conquejl to be the fame thing with the Doctor, lie was made to fay, that the Parliament burnt a Libel that would have pleaded the Title of Conqueft ; by which Conqueft is fupppos'd. That it was plain therefore that Doctor Sacheverell had Jf- fertedy that his late Majefty in his Declaration dif claimed the leaft Imputation of Reftftancey and difclaim'd it at a Time, (if the Doctor was to be believ'd^) when he was exhorting the Sub- jects of King James to refill, and was joining with them, and encouraging them in it ; than which it was impoflible there could be a greater Reflection on his late Majefty, or the glorious Gaufe he then had in Hand. That he would in the next place confider the Proof of the Third Branch of the Firft Article, and the Anfwer that had been given to it. That the Third Branch was thlsj'hat to ..to the Revolution, is to caft Black and Oditm. (91) Colours upon his late Majcjty and the Revolution ; the Proof was that part of the Sermon wherein the Doctor alTerts, That the Mvcrfaries to the DoBrine of No ?i- Re f fiance, who urge the Revo- lution in their Defence, are the greatest Enemies to that and His late Majefty, and the mojl ungrateful for the Deliverance, in en* dcavouring to cafl fuel) Black and Odious Colours upon hoth : How often muft they he told, 8cc, And the Anfwer to it was, That the Perfons the Doctor defcribes, as calling Black and Odious Colours on His late Majefty and the Revolution, are not thofe who impute Refinance to the Revolution, of whom he affirms nothing, but thofe new Preachers and new Poli- ticians, who teach Antimonarchical and wicked Doctrines, and who urge the Revolution in Defence of 'em. That if the Doctor had meant thefe Perfons, he would have fhewn them, which he certainly might have done, that what" was ailed at the Revolution, did not in the leaft juftifie their Opinions ; but he declining to do this, and placing the Defence of the Revolution on a falfe Fad, known to be fo to himfelf and to the whole Nation, and this, taken together with his introducing thefe Men as defending their Principles by the Revolution, left the Load of thefe deteflahle Opinions on the Revolution, and not only condemn'd the Refinance at the Revolution, but branded it. That it was laid, that the Claufe, Our Jdverfaries think they efeftually flop our Mouths, &c. relates to the Defence of thefe* Antimonarchical Principles, and not to the general Propofition of the utter Illegality of Refinance upon any Pretence whatfoever; and if fo, Sir Joftph Jekyll agreed there was no Foundation for this Branch of the Article ^ and whether he was guilty of this Branch or not, turn'd entirely on this Queition. That he little thought fuch aConltruclion would have been endeavour'd, by a wrong Recital of this Claufe in the Ser- mon, by the Doctor in his Anfwer ; for there it is faid, as from the Words of the Sermon, That they, that is, fays the Doctor, thefe new Preachers and new Politicians, urge the Revo- lution in defence of fuch Principles ; when their Lordihips faw the words of the Sermon are, Our Adverfaries think they tffe- ftually flop our Mouths, and have us fur e and unanfwer able on this Point, when ihey urge the Revolution of this Day in their Defence. That this therefore brought the Cafe of the Revolution, urg'd by thefe Adverfaries to the Point or Propofition he had before laid down, which was the utter Illegality of Re- finance on any Pretence whatfoever, and not to the Defence of divers Antimonarchical Principles, taught by the new Preachers and new Politicians ^ and this was Hill plainer, if their Lordihips confider'd that the Doctor's Reply to thefe Adverfaries, by denying there was any Refinance at the Re- volution <90 Volution, would only relate to the point of Non-RefiiTance he had before alTerted, and which Refiftance, if it were not denied, muft Hand Condemned by the Doctor's Propo- rtion. That as little did he expeft to hear from one of the Do- lor's Council, that there are twenty or thirty Lines between the General Propofition and this Claufe, fince if there be a Connexion between this Claul'e and that Proportion f which lie had already fhewn there wasj it was not the Intervention of fo many Lines would hinder it ; and if there had been ik> Connexion, their being clofe together would not have made one. And by this manifelt Connexion, the Doctor had brought this General Portion, of the Unlawfulnefs of 'all Ilefiitance, to bear upon the Revolution j which might ferve for an A niwer to the fame Gentleman, whofaid, It is one thing to lay down the General Rule without making the Exception, and another thing not to make the particular Exception out of that Rule ; for the Doctor had mentioned the Revolution, but not in order to except it, but to in- clude it. That indeed, the Learned Doctor who was of his Council pretended to have found out the Exception in the Sermon, Page the icth, becaufe he found the Word Necejjity there; the Words are thefe, Only this Maxim in general I pefume may £e ejtabli(b'>d for the Safety, Tranquility and Support of all Go- vernments • that no Innovation what fo ever ftiould be allowed in the 'fundamental Conjluution of any State, without a very p'ejjivgy wayy unavoidable Necejjity for it : But if the Doctor hacl but read to the end of the Sentence, he would have found Doctor Sacheverell condemns all mat bore a part in the Revolution, before a Law was made about it j the Words that follow be- ing thefe, And whofocver fngly , or in a private Capacity ', Jhould attempt ity is guilty of the highejl Mifdemeanor, and is an Enemy to that Politick Body of which be is a Member : And if that Sen- tence relpects the Revolution, then Doctor Sacheverell con- demns all, from the highelt to the loweit, who in their pri- vate Capacity joined with the Prince of Orange, or aiTiited. in bringing about the Revolution. ' That this was the thing he was now charg'd with, not condemning the Revolution as a thing fettled by Law, but the necelTary Means ufed to bring it about : But if the Doctor inftructed his Council to infinuate, that there was any Innovation in the Conftitution wrought by the Revolution , it was an Addition to his Crime, the Revolution did not introduce any Innovation; it was a Reiloration of the ancient Fundamental Condi- tption of the Kingdom, and giving h its proper Force and gy. Tiui r 93 ) That indeed, all the other Council differ'd from that learned Civilian, and maintain'd, That Do&or Sachevereil did not, nay, ought not, to make any Exception ; and one of 'em laid, if Clergymen, inftead of preaching up the General Rule of Obedience, were -permitted to Jlate the fevered excepted Cafes, fuch Exceptions would in time devour all Allegiance, That if the Doctor had pretended to have Dated the particular Bounds and Limits of Non-Refiftance, and told the People in what Cafes they might, or might not refill, he would have been much to blame ; nor was one Word fa id in the Articles, or by the Managers, as if that was expected from him; but on the contrary they had infilled, that in no Cafe can Refinance he lawful, hit in Cafe of extreme Necejjity, and where the Conflitution can't otheiwife he, peferv^d, and fuch Ne- cejjity ought to he plain and ohvious to the Senfe and Judgment of the whole Nation, and this was the Cafe at the Revolution: And ' is there no difference, added he, between a Divine's moot^ * ing and putting Cafes of lawful Reliftance, and excepting * the Refiitance at the Revolution out of the general Rule of ' the Illegality of Refinance, on a Day, when he was ob- * lig'd not only to commemorate the Revolution, but the * Refinance, the NecefTary Means ufed to bring it about, as c appears by the Service appointed for that Day. And, my * Lords, is a Houfe of Commons, who are vindicating that * Revolution only, to be reprefented as il we were calling ' upon Divines to ilate the Cafes wherein Refinance is law- ' ful, and wherein not? a Task unfit for any one, and more * efpecially for them to meddle with; And are we, by fuch * Suggeft ions as thefe, to be defam'd and infulted, and re- ' prefented as promoting Anarchy and Confufion? He urged, that there can be no Order or Regularity, if the Confiitutioni the beautiful Frame of a Legal Monarchy, which this Na- tion had fo long enjoy'd and profper'd withal, be deftroy'i or given up; what Inclination has the prefent Age fhewn to fubmit to arbitrary Power ; or rather, what hath been want* ing in it to (hew the contrary ? But that he went on to confider an Argument made ufe of by another of the Doctor's Council, That it was needlefs for him to except the Cafe of the Revolution, for that was known to every Body, and had often been approved by the Legijlaiure : And left it to their Lordlhips whether the Doctor could know this, and not only not except that Cafe, on a Day appointed togiveiolemn Thanks for it, but introduce it for no purpofe but to leave it under the Condemnation of the General Rule of Ab?2- Refiflance ; urging, that by this Method the Doctor had brought his General Rule to bear upon the particular Cafe of the Revo- lution, for he took but one way of acquitting the Revolu- tion* (94) tion, which was by laying down that for Truth, which every Man knew to be falfe ; and they that affert this Truth , he faid, cafi Black and Odious Colours on the late King and the Re- volution ; which made out, that Doclor Sacheverell did Sug- gefi and Maintain, that to impute Refinance to the Revolution, is to cafi Black and Odious Colours on his late Majefiy and the Revo- lution. ' And now, added he, my Lords, what a Reprefentation * is here of that glorious Tranfattion, the late happy Revolution I 1 The part the Subject had in it is reprefented as contradict- e ing the exprefs Command of God in Scripture, and de- * ftructive of all Governments ; his late Majeity is reprefent- c ed as encouraging this pernicious Wickednefs, and difown- * ing it at the lame time ; give me leave therefore, on be- « half of the Nation, and the Memory of his late Majefty c its Deliverer, to ftate this Affair fhortly, and in another * Light to your -Lordfhips. The Subjects refiited, the late 1 King join'd his Army with the Arms of Refinance, and if * the Nation at that time had not had Recourfe to that Re- c rnedy, how abject and how miferable mud: they have been ! c If we look into the Hiilories of other Countries, have not * the bell and happieft Nations been moit tenacious of their ' Liberties ? And while they have continued fo, and with- ' ftood abfolute Power, they have been profperous at Home, * and confiderable Abroad j but, when they have fallen from * this Zeal, Induftry, which is the Foundation of their ' Profperity at Home, and Magnanimity, which makes * them confiderable Abroad, have deferted them, and they * have funk into Sloth and Effeminacy ; Can any one there- « fore with any colour fay, that Refinance in cafes of extreme * Necefiity has worfe Confequences than unlimited Subjecli- * on f Let us now, continued he, turn our Eyes a little on * the Part our late King had in the Revolution; Did he not c undertake a moil hazardous Enterprize to procure us Happi- « nefs at Home, and to give us that weight Abroad which « this Nation had long enjoy 'd, but at that time was de- « priv'd of ^ and with what Care and Anxiety, even to the 5 la ft moment of his Life, did he labour to fecure thefe « Bleffings to us ? Let us look beyond his Time, and fince, « for the Senfeof the Nation upon this Point: What Satis- « taction did the Nation take in the Adiitance his renown'd * PredecelTor Queen Elizabeth gave to the opprefs'd Provin- * ces, our then good Neighbours, and our now Potent Al- 6 lies ; how Zealoufly did the Nation promote the A Alliance * King James the firft gave to the injur'd Prince Palatine, a- s gainil the Emperor his Superior Lord : And what Refolu- « tion and tender Concern for the Perfecuted Rochdhrs did • King (95) f King Owlet the firft fhew and exprefs: And has not Her « Majefty affined the Spaniards againft a Prince acknowledg'd * by them, and feated on the Throne ? Nor did Her Goodncls, * which is as extenfive as Her Power, overlook the poor E- * date of the People in the Cevennesy or neglect to give them * all poflible Affiftance againft their King exercifing a 4 cruel Dominion over them : Thefe, and many more 4 Instances which might be fetcht from other Countries, are 4 fo many Authorities againft this Doctrine of unlimited * Non-Refiltance. That now he came to confider the Authority the Doctor pretended to have for it ; his Council faying they had Acts of Parliament for this Doctrine. That he mould not mention the particular Acts, becaufe they were well known, but con- fider them under three Heads. Firft, Thofe Acts that were before the Rejhration ; Secondly, Thofe after the Refioration9 and before the Revolution. And, Thirdly, Thofe after the Re- volution. That as to ihofe before the Reftoration, he readi- ly admitted they condemn Refinance generally, nor do they mention any Exception. That the Council of the other Side had furnifh'd him with an Anfwer to 'em, they faying, thefe and all other Laws have an Exception implied in them : That the Wifdora of the Law, in not expreffing the Exception, is plain ; It is neither decent, nor probably would have a good effect, to put odious Cafes, fuch as a Prince's overturning the Constitution : That the Roman Law did not provide a- gainft Parricide, nor doth the EngliJJ) Law neither, fmce it hath no diftinct Punifhment for that kind of Murder, tho' it hath for fome others which are call'd Petty Treafons, That Laws are fram'd upon a View of ordinary and common Cafes* Ad ea qu& frequentius accidunt jura adaptantur, is a known Maxim, and of great ufe in the Expofition of Laws. And if our Legiilators had been ask'd the Queftion, Whether they meant by thofe Laws to make all other Laws, and even thofe Laws themfelves, of no Validity; ( which, if ablblute Power can't be withftood, wou'd be the certain Confequence). wou'd they not have anfwer'd ; Kothing was farther from their Thoughts: And if it be Maledicla Expofitio qum corrum~ fit textum, apply'd to any particular Law, what a curfed Ex- pofition muft that be, which corrupts, or rather annuls the Text of all the Laws at once ? That the next Head of Acts were thofe after the Reftormatioa9 and before the Revolution. That he did admit thofe Laws go farther than the former, and feem to condemn all Refiflance^ and in fuch Terms, as to exclude any Exception whattbever* That what he had faid relating to the former Laws might be applied to thefe, but further he defired it might be confi- c 96 y der'd, thefe Legiflators were guarding againft the Confequeri- ces of thofe Pernicious and Antimonarchical Principles, which had been broached a little before in this Nation : And thofe large Declarations in favour of Non- Refinance were made to encounter or obviate the Mifchief of thofe Princi- ples, as appears by the Preamble of the full eft of thofe Acts, which is the Militia A3, in the 13. and 14. of K. Charles the Second ; the Words of that Acl: are thefe, And during the late ufurpcd Governments, many evil and rebellions Principles have been infilled into the Minds of the People of this Kingdom^ which may break forth, unlefs prevented, to the Difturbance of the Peace and g^u'ict thereof-. Be it therefore Enacted, &c. That here their Lordfhips might fee the Reafon that inclined thofe Legiflators to exprefs themfelves in fuch a manner againft Re- finance • they had feen the Regal Rights fwallow'd up under the Pretence of Popular ones ^ and it is no Imputation on them, that they did not then forefee a quite different Cafe, as was that of the Revolution, where under the pretence of Regal Authority, a total Subverfion of the Rights of the • Subject was advanc£d, and in a manner efTeded , and this might ferve to fhew, that it was not the Defign of thofe Le- giilators to condemn Refiftance in a cafe of abfolute NeceJJity for preferving theConllitution, when they were guarding againft Principles which had fo lately deftroy'd it. Sir Jofeph Jekyll proceeded next to coniider the Laws made after the Revolution, and laid, their Lordfhips would find that the Refiftance at the Revolution was not only approv'd of in exprefs Terms, by the Act for preventing vexatious Suits 5 and indeed every Acl: paft fince the Revolution was an im- plicit Approbation of it. But the Declaration of the Un- lawfulnefs of taking Arms againft the King on any Pretence whatfoever, required to be taken by the Corporation Act, the Militia Act, and the Acl: of Uniformity, was now re- pealed. That there was another Acl: mentioned by one of the Doctor's Council, the Acl for regulating feletl Vejlries • which Act expired in King Charles the Second's Time, and was never continued. That the firft Gentleman that fpoke for the Doctor laid, in Anfwer to the Repeal of this Declara- tion by a Claufe in the Acl of the fi> ft of King William and Qiieen Mary, for abrogating the old Oaths, and appointing new ones, that it is a very tender Repeal, if it be one j That he did not well underltand his Meaning, but was fure that was a very tender Anfwer, if it be any at all, That if it be thought, that thi; Declaration, as it is enjoined by the Cor- poiation Acl, is not repeal'd, becaufe the Corporation Act is not particularly mentioned in the Claufe of the Ail of the iint of King William and Queen May, which repeals the De- claration o (97) claration : He anfwer*d, after th* Militia Act, and the Act of Uniformity are mentioned, there follow general Word-*, any Law or Statute to the contrary notwithstanding \ and this repeals the Declaration as to that Act, as well as to the other two Acts. And this Opinion had prevail'd univerfally, and if it were other wife there is fcarce a Cor- poration in England but would be diilblv'd by the Incapacity of their Members. But that the fame Council argued, that the Doclrvie men- tioned in that Declaration inuft be ttue Dottrine, or the Declara- tion would not have been enjoin* d and taken fo long as it was9 and the Repeal donlt make the Propojition falfe, and we might as well argue the folemn League and Covenant to he a lawful Oath. That as to the Declaration againlt the Covenant, that was confider'd as a Temporary Thing only, and by the Act. of U- niformity was to ceafe upon the 25th of March 1682, and therefore not at all to be compar'd with the other Declara- tion, which was intended to be perpetual. That as to the Truth of the Doctrine in this Declaration which was repeal'd he would admit it to be as true, as the Doctor's Council af- ferted it, that is, with an Exception of Cafes of NeceJJity, and it was not repeal d, becaufe it wasfalfe, underitanding it with that Rejlriclion : But it was repeal'd, becaufe it might be interpreted in an unconfin'd Senfe, and exclufive of that Reftriction, and being fo underflood would reflect on the Ju- fiice of the Revolution ; and this the Legiilature had at Heart, and were very jealous of, and by this Repeal of that Decla- ration gave a Parliamentary or Legiilative Admonition a« gainit aliening this DoBrine of Non-Re f fiance in an unlimitttd Senfe. That he mull confefs he did not expect to hear the Ajfociation and the Abjuration Oatfy brought in, as alTerting this Doctrine j that if they did, this might ferve to account for their taking them who believe that Doctrine, which o-* therwife perhaps they would be at a lofs to find an honeft Reafon for. But, my Lords, added he, doth engaging to * Itand by and affift one another againlt all the King's Ene-* * mies, or fwearing to defend the King or Queen againft all * traiterous Confpiracies, fignine any more than what is hrw * plied in the old Oath of Allegiance ? There is, my Lords, * indeed fomething more in the Ajfociation arid Ab juration ■ Oath; for the Perfdn taking them in his late Majelly's ' Time declar'd, That he believed in his Conference King ' William was rightful and lawful King of this Realm, this * certainly put the Confcientious Taker of 'em upon a Con- c lideration of the foundation on which that Right and * Title was built : And lince there was no Foundation for * it but the Revolution, and tnat R. evolution was founded (9$) ' on Refinance, how thofe could bring % themfelves u$ * to take that AiTociation, or that Abjuration Oath5 « who believ'd that Refinance unlawful, I am at a Lofs to 6 know. That upon this Head of thefe feveral Ads of Parliament that iiad been mentioned, he begg'd Leave to obferve, that as it is not to be fuppofed it was the Orignal In- tention of any Laws to enervate the Force of all the Laws, fo their Lordfhips faw there are fmce the Revo- lution Laws that do exclude any fuch Suppofition, and do affirm, that indefeafible Inheritance which the People have in the Laws. . That the next Part of the Evidence orTer'd by the Doctor was the Homilies, which were laid to be connrm'd by Ad of Parliament, becaufe the Articles of the Church of England are fo5 and the g$th Article approves the Homilies as con- taining godly and wholelbme Doctrine, and the Clergy are obliged 10 read and fubfcribe thofe Articles. That he be- liev'd it would be admitted, that no more was intended by that Subfcription, but that the Doctrine contain'd in the Homilies is right in the main, and not that every Sentence in 3em Is fo : for in this laft Senfe he believed, never any Di- vine fubiciibed the Articles, and it would be hard to name any Preacher or Writer of Note, who had not contradicted lbme Paffage or other in them : nay, as to one, the general and approved Pradiceof the Church was againit it, he meant that PalTage which condemns the Vfe of Organs in Churches. That furely the Senfe of the Homilies can't be found out by read- ing feiect Paffages out of them, as was done in the Dodor's Defence, but by obferving tne Frame and Tendency of the whole: That he might appeal to their Lordfhips, and efpe- eialiy to the Lords the Bifnops, whether thofe who compiled the Homilies againit Rebellion, feem'd to have had at all un- der their Coniideration the Cafe of a total Subverfion of the Conftitution. That 'twas plain, the main Defign of thofe Homilies was agairtft the rifings of the Popifh Faction, and the pfaufibie ana popular Pretences made tile of by them for fupporting their Rebellions. Did not, continued he, that great Queen, in whofe Time the latter Book of Homilies was compiled, explain Her own Opinion on this Point by the Af- fcltance (he gave to the Hollanders againit the Spanijb Kingr their Sovereign ? Did not the Parliament explain themfelves, by the Supplies given to the Queen for that Purpofef And did not the Clergy explain themfelves like wife, by the Sup- plies'gianted in Convocation in tavour of that Afliilance? Can- it therefore be ima&in'd the Homilies intended to con- demn (99 ) ctemn that Refinance which the Queen, and the whole Na- tion, nay, even the Clergy themfelves ailembied irt Convo- cation, approv'd of? And I dare fay, if Doctor Shcheverelt had read any of the Homilies againit Rebellion, which he fays he is commanded to do, if there be no Sermon on the fifth of November-^ I fay if he had read any one of them to his Congregation at St. PauPs, not one of his Auditors would have thought the Revolution condemn'd by the Homily^ whatever they might have thought of the Doctor. That what the Commons accufed him for, was that he lays down this general Doctrine of Non-Ref,Jlance in Terms ix'ciUr five, of any Exception, and not content with that, pirns out the Revolution for Men to compare it with, and condemn it by; But how much better would it have become the Dodtor to have imitated that Zeal which appears in the Compilers of thofe Homilies for a Protellant Queen againit a Popjh Fa- ction, than to arraign the Revolution, upon the Defaming of which the Hopes of a Popjh Faction againit a Protejlant gfaeiri are built ? That the other Books or Writings the Doclor had produ- ced to jultifie his Doctrine; were chiefly, if not all of theii^ the Labours of Divines : And he would place them in thefe two ClaiTes, thofe hefore the Revolution, and thofe Jince, That if this gueftion of Suhnijjion were left by the Divines to thofe who make the Municipal Laws of their Country, or the Na- ture of Laws in general, their Study, and they would con- fine themfelves to the prefling a legal Submiflion only, found- ed, as it is by the Law of England, on common Confent and common Good, it would be much more for the Honour of Religion, and the Peace and Felicity both of the Sovereign and the Subject. That this would be very manifeit, if their Lordfhips call'd to Mind but two of the Doctor's Quotations before the Revolution, which were read to their Lordfhips j the one was a PalTage out of Bilhop Sanderfon, the other the Oxford Decree in 1685. That Bilhop Sanderfon, and he only of all that had been quoted, had put the Cafe of Refinance for the Prefervation of Church and State, which are but o- ther Words for the Conflitution, and had delivered this Do- ctrine of Non- Refiftance in fuch unlimited and bold Terms,; as lie mould not repeat, to create a fecond Difpleafure in this great Affembly. That he willingly admitted he was a very learned judicious and pious Prelate ; and if fo great and good a Man fell into fuch indif'creet, indecent and mocking Ex- prefiions on that Subject, as did vilibly affect fuch an AlTem- bly as this, one would think it fhouid difcourage others from Uclivering that Doctrine in fuch a Latitude* G g % IhM ( ICO J Hiat the next was the Oxford Decree, which Condemns alt' Refinance whatfoever ; but, that it is obfervable, that in the fame Decree there is a Condemnation of this Proportion that foe was going to read to their Lordihips, That it is Lawful to Preclude the vcxt Heir from his Right and SucceJJion to the Crown \ and yet at the fame time, the condemning this Proportion, that is, the hoi ding, affirmingjtr maintaining the contrary Proper fition was by the 13th Eliz, cap. 1. made HighTreafon in he* Time, and a Forfeiture of Goods and Chattels ever after* And every one knows how the Law now Hands as to that Particular, by the Jtt for Securing Her Majejly's Perfon and Go* icrnmcnt, and the SucceJJion of the Gown in the Proteftant hind That w^en we find fo Great and Learned a Body criminally Erring in a Point fo Fundamental, and upon which our |>ro- fpedf of Happinefs to future Ages, doth, under God, depend, ought it not to difcourage particular Divines from pretending to determine Points of Law and Policy? That he fhould hope that that Univerfity's having falPn in at firfl fo heartily with the Refolutiun, was as fincere a Condemnation of the Do- ctrine of unlimited Non-Refifta?ice) as their folemn taking the Abjuration Oath is a publick ProfefHon that a Parliamentary Exclufion is Lawful. That as for all the PalTages which had been read to their Lordfhips out of the Books or Sermons of Divines before the Revolution in Favour of Non-Refiilance, their Lordihips might obferve their Reafons reaclfd only fo far, as when the Mitchief is not Univerfal, or if it be Univerfal, where it is Tolerable, and not fo mifchievous as a Civil War. That he fhould mention any PalTages in them ("which had not been read) to limit the Generality of the Expreflions con- cerning Non- Refinances becaufe he avoided bringing in any thing which had not been given in Evidence.That how Candid the Doctor's Collections had been, their Lordfhips might judge by that Quotation out of the Lord Biiliop of Salidurfs Book, where there is an exprefs Exception of the Cafe of fithw ting Fundamentals 5 but their Lordfhips might fee the fame Candor lhining out in feveral PalTages of the DoclorV Serraon, with refpect to that Reverend Pi elate, whofe Ser- vices before and at the Time of the Revolution, would never be forgotten by one part of the Nation, nor forgiven by ano- ther. That he came now to the Sermons and Writings fince the Revolution; arid he might appeal to their Lordfhips, whe^ the*- tkey don't mod plainly condemn the Doctor , thofe, he- meant, where they had the Fortune to be ready to caU for at her PalT'ges to be read out of the fame Books. Did not tue Lord LUlhop of Lincoln expreily mention the Cafe of the Re- ( ioi ) devolution, and juRifie the Refinance then ufed ? How care- fully did his Grace the Archbifhop of fork limit this Doctrine of Paflive Obedience, which the Doctor fays ought to be de~ liver'd in the molt unconfin'd Terms ,p And it was by his Grace's Notion of this Doctrine, that the Commons defired this Caufe may be judged and determined. He be^'d leave to read again to their Lordlhips his remarkable W ords. Car§ imifthc taken that this general Doclrine he net rnifapplied \n -parti- cular Countries, though Noii-Refijlance or PaJJive Obedience be (t Duty to all Subjects, and under all Governments^ yet it is not ex- p-efs^d the fame way vi all Places ; lift both the Objefts and thp Jnjlances of it do V0y in different Nations, according to the diffe- rent Models of their Government, ' To [peak this as plainly as I can j As the La,ws of the Land a)e the Meafures of our Aftivc- Obedience, fo are alfo the fame Laws the Meafure of our SubmiJJir on. And as we are not bound to Obey, but where the Laws anf Conjlitution require our Obedience \ fo neither are we bound to fubmit, but as the Laws and Constitution do require our Sfibmijji- on. That this is the Doctrine the Commons were maintain- ing, and were calling this Criminal to an Account for contra- dicting. ' That if our Obedience and Submiilion, added he,is * not to be extended to the Prejudice of the Conititution, the * Refinance at the Revolution, for preferving the Conititu- 4 tion, frauds justified, and the Doctor's unlimited Ddctrin? * of IN on- Refit ta nee hands condemn'd. How prudently does his Grace, my Lords, caution the Doctor and the reit of the. Clergy in another part of his Sermon, by thefe Words ? If% indeed, a Preacher fiould in the Pulpit pre fume to give his Judg-: jtient about the Management of publick Affairs • or to, lay down Dourines, as from Chrift, about the Forms and Models of King- doms or Commonwealths *, or to adjuft the Limits of the Prerogative of the Prince, or of the Liberties of the Subjecl in our prefent Go- vernment : I fay, if a Divine jbould meddle with fuch Matters in his Sermon , / do not know how he can be excufed from the jufi Cenfure of meddling with things that nothing concern him. This is indeed a prattifwg in State Matters, and is ufurping an Ojfc§ that belongs 'to another ProfcJJion, and to Men of another Chara- cter. And I Jbould account it every whit as undecent in a Clcigy- man to take upon him to deal in thefe Points, as it would be for him to determine Titles of Lands hi the Pulpit, which are in difpute in Weitminfter-Hall. And how well the Doctor has oblerv'd this neceilary Caution laid down by his Grace, I leave you\ Lordlhips to conlider. That he had purpofely omitted taking Notice of any Wri- tings, except fuch as were produced by the Doctor* But, i:j general, might Appeal to their Lordlhips, whether in the ioweit Ebb of Liberty there have been wanting thofe in this G g } ai ( 102 ) es well as other Countries, who have denied this flavifli Do- ctrine of unlimited Non-ftejlftance , whether fince the Revolu- tion this Nation has been i'o ungrateful to their Deliverer, or unthankful for their Deliverance, as to want thofe who have rnaintain'd the Principles of the Revolution, and have ihew'd them to be as agreeable to the Chriilian Religion, as they are to the Nature of that Excellent Government we live under, which is that of Limited Monarchy. And yet not- withitanding the unanfwer'd Performances of divers, both of the Clergy and Laity, upon this Subject, the Doctor had the Boldnefs to affirm his Doftrihe to be the Doctrine of our Bleifed Saviour and his A pottles : whichhe could not men- tion without the deepeft Concern for the Hanour of the Chri- ilian Religion. i I befeech your Lordfnips, laid he, in the c Conclufion, What is L:he)ty but Jujlice ? And what is jfu- * fiicey but doing to every one as we would be done by ? And no- * thing, I think, is likelier to promote the Practice of this * Chriitian Precept, than fpreading a true Senfe and Love of c Liberty, that Principle which cafts out of us a narrow Re- ' gard to our felves, and introduces a diflufive Benevolence * to others. And againit this Principle is it that the Dodlot f has offended. ' My Lords, I have endeavour'd to inew that the Charge * in the Firil Article Hands prov'd againft the Doctor, and * that this Proof remains unanfwer'd , and if fo, his being a * Minifler of the Gofpel, his having taken the Oaths ta ( the late King, and to Her prefent Majeily, his being a Fel- w low of that College which was in a particular manner de- ' livered by the Revolution, are all of them Aggravations 4 of his Offence (if it can be aggravated ^ ) and which, if ? prov'd, his own Council admit, brings a foul Imputation oil 4 Her Majeily and Her Government, makes Her Government * an Vfitrpatihji, and Her SuhjeBs Rebels j and that no PumftH ' nient can be too great for hhu. *• My Lords, I never law that Criminal for whom I had * not a hearty Companion, but there is botji CompaiTion and c Juitice due to the injur'd Innocent. Your Lordffhps have * before you on the one hand, the Care and Concern, of Dr. 6 Sachcverell j on the other, the Honour and Prolperity of a * wife and brave Nation, who as they have thought nothing * too much to give or hazard to defend their Liberties againit * a Foreign Luemy, (o they hope your Lordfhips Juitice oa { this Offender, will fecure thofe Liberties ugainil Domeitick * ones. Sir Jofeph Jekyll having done fpeaking, Mr. Solicitor GeimaPs \ J% R. SoU'iciior General faid, he was Speech. JLVX commanded by the Commons to join with the Learned Uemleman wlio fpoke bit, in Reply- ( «o$ 3 Jutg to the Defence that had been made upon the Firft Arti- cle of this Impeachment, which the Commons infilled upon %o be well grounded, and fully prov'd, notwithstanding the feveral Objections and Excufes that had been offer'd by Dr. S.tcbeverell and his Council. That one of the Doctor's Coun- cil had agreed, That if be had afcrted% that the Refijlancs it fed to bring about the Revolution was Unlawful, no Punijbment could ~be too great for him ; but what they had offer'd to their Lord- ihips in his Defence, was, That no fuch Pofition could be made out without the help of Innuendo's and forced ConfttuBi- ons, which infer'd a Meaning contrary to the Natural Senfe and Import of his Words ; and this way of Charging a Man with a Crime, they truly laid, was not agreeable to the Rules qf Law, and would contradict one of the Reafons given for the Judgment of the Houfe of Lords, in the Cafe of Sir Samuel Barnardifton : And if this was the Cafe, it would not become the Commons of Great Britain, who have fuch am Affectionate Regard to the Laws and Liberties of their Country, to proceed upon an Impeachment fo ill grounded* But that when the Commons had fo fully and particularly- proved the Aifertions charged upon the Dr. by this Article, they little expected to have heard that his Words had been wrefted to wrong Meanings, and made to fpeak what he ne- ver thought : And therefore, fince the Quel tion depended al- together upon Conftrudtion, and their Lcrdihips had been told that the PalTage upon which this Charge was grounded, had not been fully itated,the Commons muft give their Lord- fhips the trouble of Reading the PalTage at large, as it Hands in the Sermon- ; that their Lordlhips might judge, whether they had not taken his Words in the common and ordinary Senfe, and given them the only Meaning they could bear : Adding the PalTage was in thefe Words : ' The grand Security of the Government, and the very ' Pillar upon which it itands, is founded upon the lleady Be- ' lief of the Subjects Obligation to an Abfolute and Uncon- ' ditional Obedience to the Supreme Power in all Things ' Lawful, and the utter Illegality of Refinance upon any Pre- ' tence whatfoever. But this Fundamental Doctrine, not- ' withltanding its Divine Sanction in the exprefs Command ' of God in Scripture, and without which, it is impoffible * any Government, of any Kind or Denomination in the ' World, fhould fubfift with Safety, and which lias been fo ' long the Honourable and Diitinguifhing Characteriftick of ' our Church, is now, it feems, quite Exploded, and Ridi- * cul'd out of Countenance, as an Unfafhionabie, Superannu- € ted, nay ( which is more wonderful) as a dangerous Tenet, * utterly Inconfiftent with the Right, Liberty, and Property O g 4 ' ! o£ 1 104 ) * of the People ; who, as our New Preachers, and New Fo* g litiaans teach us, (1 fuppofe by a New and; "Unheard-of * Gbfpel, as well as Laws) have, in Con tradition to Both, * the Power Inverted in them, the Fountain and Original of * it, to Cancel their Allegiance at Pleafure, and call their ' Sovereign to Account for High Treafon againft his Supreme- ' Subjects forfooth ! Nay, to Dethrone and Murther him for c a Criminal, as they did the Royal Martyr, by a Judiciary * Sentence. And, what is almoft Incredible, prefume to ' make their Court to their Prince, by maintaining fuch An- ' timonarchical Schemes. But God be thanked ! neither * the Constitution of our Church or State is fo far alter'd, * but that by the Laws of Both, (Hill in Force, and which * I hope for ever will be) thefe Damnable Pofitions, let them € come from the Pulpit or the Prefs, either from Rome or Ge~ < nevdy are condemned for Rebellion and High Treafon. Our ' Adverfaries think they effectually flop our Mouths, and, « have us fure and unanswerable on this Point, when they * urge the Revolution of this Day in their Defence. But * certainly they are the greateft Enemies of that, and his i late Majefly, and the moll Ungrateful for the Deliverance, * who endeavour to caft fuch Black and Odious Colours up- 4 on Both. How often muft they be told that the King * himfelf Difclaim'd the leaf! Imputation of Refinance in his * Declaration ; and that the Parliament declar'd, That they * fet the Crown upon his Head, upon no other Title, but c that of the Vacancy of the Throne ? And did they not * Unanimoufly condemn to the Flames (as it juilly deferv'd) * that Infamous Libel that would have -pleaded the Title of * Conqueft, by which Reiiilance was fuppos'd ? He urg'd, that the QuefiioH now before their Lordihips •was, whether 'by thefe Words he had allerted, That his I at c Mctjejly in his Declaration difdahtid the leaft Imputation of Re* ffiance ; and that to impure Refinance to the Revolution, is to cajl Black and Odious Colours upon his late Majefly and the Revo- lution ; which are the AiTertions Charg'd upon him in this Article, as Suggefiing and Maintaining, that the neccjfary Means tud to bring about the late Happy Revolution were odious and itnjuJtifiCible : Now that there was Refinance in the Revolu- tion, and that fuch Refinance, in a cafe of that abfolute and unavoidable Neceflity, is confident with the Doclrine of the Church, and the Fundamental Law of the Kingdom, was agreed by the Council j and they had endeavour'd to con- vince their Lord mips, that the Doctor had afferted nothing to the contrary ^ for they faid, ' The Reiiilance which the * Doctor affirms the King to have difclaim'd, was only a Re- * iiitance which tended to Conqueft ^ and that the Doctor did (t<*5 * did well to wipe off this Imputation, for the Parliament ' had declared it injurious to his rightful Title to the Crown, * and had order'd a Treatife to be burnt which Suggetted a * Title by Conquelt j and that the Doctor having his Eye * in that Expreffion on the matter of Conqueft, exprelTed * the fame by Refinance, which was applicable to the Subject * Matter before, and therefore ought not to be wreiled to any * other Purpofe, That this was the Turn the Council would give to the Doctor's AlTertion, That the King difclainfd the leaft Imputa- tion of Refinance : And indeed the Words of the Sermon, were fo plain and particular, that they were forced to have Recourle to this Evafion of a Refinance by Conquelt : But he wonder 'd Gentlemen could argue in this manner, and at the fame time fpeak of reading the Words with Candor and Ingenuity, wheh 'twas molt apparent that there is no previous QifcoutA of a Title by Conquelt, or of any Treatife in which it had been aliened, that could give occafion for his vindi- cating the late King from any fuch Imputation, or to which thefe Words can in any Co nil ruction be applied ; for the Doctor fays nothing of Conqueft 'till after he had AlTerted that the King difclaim'd the leaf! Imputation of Refinance, and then he goes on and lays another Foundation for the Set- tlement upon the Revolution, by grounding it upon the Va- cancy of the Throne, before he fays any thing about Con- quelt, or mentions the Book which had pleaded that Title ^ and even then he condemns that Title for no other Reafon, but becaule it implied Reiiltance, which plainly fhews, that his Argument was carried on upon the Subject of Rejiftance-f and not upon that of Co7i$ueft. That the Anfwer which they had given to that part of the Article, whereby he was Charg'd with AlTerting, That to impute Refinance to the Revolution, is to cajl Black and Odious Colours upon his late Majejiy and the Revolution • was equally evafive. That what they had offer'd to their Lordfnips up- on this Head was, That the Doclor was not fpeaking of the utter Illegality of Refinance, when he introduced! bis DiU courfe about calling Black and Odious Colours, by faying, Our Adverfaries think they have vs fure and nnanfverable on this Point, when they urge the Revolution of this Day in their Defence * but of the damnable Pofitions with which the Doctor charg- ed tlje new Preachers and new Politicians, in the Words immediately preceding ; And in this place it was that the Manager appointed to maintain this Article was charg'd with omitting about twenty or thirty Lines between the .General Doctrine and the Paifage concerning the Revolution, in which feveral diltinft and entire Sentences are contain'd, concerning thole thofe Perfons and their Principles, to which that PafTage en- tirely relates: And their Lordfhips were told, that to apply the Inftance of the Revolution to jullifie fuch wicked Principles, was what the Dodor call'd calling Black and Odious Colours upon His late Majefly and the Revolu- tion. But that the Commons took it to be very clear, That upon Hating of the whole Paragraph, and aU the Words in the order in which they lye, and upon comparing the feveral Paftages, it would manifeflly appear, that what the Doctor faid about cafthig Black and Odious Colours upon the Revolu» tion, could be applied only to thofe who maintain, that the Refinance us'd to bring about the Revolution was lawful and juit, and that the Perfons he calls our Adverfaries are fuch as urg'd the Revolution in oppofition to his general Doctrine of the utter Illegality of Refinance upon any Pretence what- soever, and not to thofe who urge the Revolution in defence of thofe damnable Pofitions, which, he fays, the new Preach- ers and new Politicians had laid down. That this the Commons apprehended to be the only mean- ing that his Words in any Conllrudion could bear ; for the Point he was fpeaking of, and which he faid his Adverfaries thought they had him fure and unanswerable upon, mull be fome certain lingle Pcfition which was mention 'd before, fome one Polition or Principle, and not many ; for 'tis this Point, not thefe Principles \ and that lingle Point coidd be no other than the Point of Rejiftance ; and the Perfons he call'd his Adverfaries, who thought they had him fo fure, could be no other than thofe who deny his General Doctrine, and not ihofe new Preachers and new Politicians, who fay the Peo- ple have a Power veiled in them to cancel their Allegiance at Pleafure ; becaufe thofe who deny this General Pofition of the utter Illegality of Refinance, as applied to any one par- ticular cafe, are certainly his Adverfaries, and Enemies to his Fundamental Doctrine j for whoever can find an excepted Cafe, or fhew an Inftance in which Refinance is lawful, de- stroys his general A lTertion \ and he fufficiently fhews, that he meant thofe who oppos'd his general Doclrine of abfolute Noii- Refinance, by our Adverfaries^ when he fays that they urg'd the Revolution of that Day in their Defence, becaufe the Refinance at the Revolution, which was founded in Unavoidable -Necejjiry, could be no Defence to a Man that was attack 'd for after ting, that the People might cancel their Allegiance at Pleafure, or Dethrone and Murther their Sove* reign by a judiciary Sentence j for it can never be infeir'd from the Lawful nefs of Refinance at a time when a Total friherjion of the Government both in Church and State was in-* •intended, that a People may take up Arms and call their So- vereign to account at Pleafure j and therefore, lines the Re- volution could be of no Service in giving the leaf! Colour for aliening any fuch wicked Principle j the Doctor could never intend to put it into the Mouths of thofenew Preachers and new Politicians for a Defence, unlefsit were his Opinion, that the Refiitance at the Revolution could bear any Pa- rallel with the execrable Murther of the Royal Martyr, fo juitly detefted by the whole ^Nation ; or that there was no other Difference between the two Cafes, than what the learn- ed Gentleman, who firit fpoke for him, was pleas'd to men- tion in the Conclufion of his Argument, by quoting an odi- ous ExpreiTion, (which Mr. Sollicitor forbore to repeat \) but it was very proper to take notice of the Refinance at the Revolution, as an Objection to his General Doctrine, for it really was fo, and 'twas impoffible that Doarine could be true in its full Extent, if the Refiitance at the Revolution was lawful 5 for 'twas molt apparent, that the Juftice of a Revolution, founded in Refiitance, and the Priucipleof Non- Refii-tance upon any Pretence whatibever, could never Hand together. That therefore he could mean nothing by the Point his Adverfaries thought they had him lb fureupon, but the ge- neral Pofition of Kon-Reilitance, which was the only Point contended for in that place ; and he mult mean thofe only who denied his Doctrine of abfolute ison-Refiitance, by our Adverfarits : And having no other way of maintaining the utter Illegality of Refiitance upon any Pretence whatfoever, and of anlwering the Cafe of the Revolution, which, from the Refiitance that was in it, was made an Objection j he went on and denied the Refiitance, by faying, That the Kiv.g folemnly difclavifd the least Imputation of Refinance : and call'd thofe who fay that there was any Refiitance in the Revolution, the Greatejl Enemies of that, and his late Majefry, and the vwft ungrateful for the Deliverance, who endeavour to c'ajl fuch Black and Odious Colours upon loth. That this was plainly AiTerting, That to impute Refiitance t;o the Revolution, is to repreient it as Black and Odious ^ which AiTerticn was fairly collected from the plain Courfe and Tendency of his Argument, not from ftrahrd I?:fere?icesy and Innuendo's, not from futvos V, or forced Conjlt unions, bin; from his own Words, as they lye together, taken in their natural and genuine Senfe, and was the only ConiuuCtion that can give them any rea- fpnable Meaning or Coherence : And tlnerefore the Commons apprehended, Tnat the Charge againit tile Doctor, for alien- ing, that to impute Refinance to the K(vohitiony is to cajl Black and ( lo8 5 and Odious Colours upon his late Majejty and t7x Revolution, w& Sully prov'd, and flood unanfwer'd. That tho' the Charge, and the PalTages produe'd for the Proof of it, were fo very particular, and directly pointed at the Refinance us'd to bring about the late happy Revolu- tion, yet the Doctor and his Council were pleas'd to fay, * That he has only Aliened the Doctrine of Non-Refiitance f in general Terms, as it has been taught by the Apoftles, the c Homilies, and the Fathers of the Church in all Ages ^ that * in this Cafe, as in all other General Propofitions, Cafes of c unavoidable Neceflity, a* the Revolution undouhtedly war, f are always underftood to be excepted ; and that there is 4 no other Difference between the Gentlemen of the Houfe * of Commons and the Doctor, but whether when the gene- ' ral Rule of Obedience is taught, the particular Exceptions * which may be made out of that Rule are always to be * exprefs'd ; or, Whether when the General Rule is laid * down, the particular Exceptions are not more properly to be * underftood or implied : And upon this Ground they had been very Elaborate, and had product many Proofs to fa- tisfie their Lordfhips, that the Doctor's General AiTertion of she utter Illegality of Refinance to the Supreme Power upon any Pretence whatsoever, without mentioning any Exception, -was warranted by the Doctrine of the Church, and by the Law of the Land. But that all this Pains might have been fpar'd ; for 'twas plain that the Doctor was not Impeach'd for preaching a ge-* peral Doctrine, and enforcing the general Duty of Obedience, but for preaching againft an Excepted Cafe, after he had fta- ted the Exception : He was not Impeach'd for preaching the General DoByine of Obedience, and the utter Illegality of Re- finance upon any Pretence whatsoever $ but becaufe, having firft laid down the General Doctrine as true, without any Excep- tion ; he Hated the excepted Cafe, the Revolution, in exprefs Terms, as an Objection } and then aifumed the Confideration of that excepted Cafe, denied there was any Refinance in the. Revolution, and AlTerted, that to impute Refinance to the Revolution, would cait Black and Odious Colours upon it* That this was not preaching the Doctrine of Non-Rejijtanca in the General Terms us'd by the Homilies, and the .Fathers of the Church, where Cafes of Neceflity may be underitood to be excepted by a Tacit Implication, as the Council had allow'd, but was preaching directly againll the Refinance at the Revolution, which in the Courle of this Debate had been all along admitted to be iieceiTary and juit, and could have no other Meaning, than to biing a Dimonour upon tfaes ..-..-... i' - <-* * . -r ' Revo- ( 109 ) Revolution, and an Odium upon thole Great and Illuftrious Perfons, tbofc Friends to the Monarchy and the Chtrch, that af- filed in bringing it about. For had the Doctor intended any thing elfe, he would have treated the Cafe of the Revolution in a different manner, and have given it the true and fair Anfwer 5 he would have faid, That the Refiftance at the He- volution was of alfolute Necejity, and the only Means left to revive the Conllitution, aud muft be therefore taken as an ex- cepted Cafe, and could never come within the Reach or In- tention of the General Doctrine of the Church, But inilead of this, he denied that there was any Refinance in the Re- volution, and reprefented it as a Scandal upon the Revolu- tion to fay there was any Refinance in it ; Thofe, fays he, are thegreatejl Enemies to it who cajl fuch Black and Odious Co- lours upon it. My Lords, added he. If extraordinary Cafes, if Cafes of Keccflity, which are implicitly Excepted, are not to be ilated at the time when the General Prohibition is inculcated, and it would be of dangerous Confequence in this particular Inftance of the Doctrine of Non-Refiftance^/wfo?^ Holes for the Subjeft to creep out of his Allegiance -y I fubmit it to your Lordlhips Confideration, whether lcating an Excepted Cafe, and then bringing it within the General Prohibition, particularly in this Imtance of the Revolution, mull not have the fame pernicious Confequence 5 ■ Does wot this * plainly mew what Spirit the Doctor is of, and what he * aims at ? That their Lordihips had been told, that ' What the 4 Doctor afTerts concerning the utter Illegality of Refiftance 4 to the Supreme Power, can never be applied to the Revo- * lution j for the Legiflative, the King, Lords and Com- 4 mons, is the Supreme Power, and there was no Refiftance « to the Lords and Commons, for they join'd with His late 4 Majefty in bringing about the Revolution \ the Refinance 4 was made only to that unfortunate Prince who was then 4 upon the Throne ; But that 'twas plain from his applying the Illegality of Rehiring the Supreme Power to the Cafe of the Revolution, that he meant the Executive Power* which was then Refilled j and he ufed Sovereign, and Prince, as Synonimous Terms with the Supreme Power in other parts of the fame Paragraph of the Sermon , for he fpoke of calling the Sovereign to Account ; and of Cancelling Allegiance at Pleafuie, which could be due only to the Prince ^ which mewed, that the Prince only, and not the Legiilature could be underltood by His Supeme Power. That Ire fhould not trouble their Lordlhips, to fhew that the Refiftance us'd at ti-'.e Revolution was confident with the Doctrine of the Church? and witii the Law and Coniti- tution ( no ) tution of England. That this was no part of the Controvert lie, nor was it difputed by the Council ; for they agreed l'uch Cafes to be excepted out of the general Rule, and pro- fefs'd to ufe the feveral PalTages that had been read to their Lordihips, only to Excufe or Extenuate the Dolor's Offence, and not to Arraign the Juflice of the Revolution ; That therefore he fhould not enter into a particular Examination of them, but only obferve, that if the Books, out of which thefe PalTages were taken, were narrowly examined, 'tis pof- lible fome Expreflions might be found to fhew that the Au- thors never intended that their general Rule fhould extend to Cafes where the total Subverfwn of a Government was aim'd at. For their Lordfhips mult needs have obferved, from the life that had been made of the Book of a Learned Prelate, call'd, A Vindication of the Authority^ Conjlitution and Laws of the Church and State of Scotland, Printed in 1675. that a per- fect State of Truth was not altogether to be depended upon Proofs that had been Collected out of feveral Authors, and read to their Lordfhips, and that the Sincerity of the Col- lector was very much to be ^ueltion'd 5 for that Book was produced to prove the Duty of Abfolute SubmifTion, and a PalTage was read for that purpole j but when the Managers look'd into the Book, they found another PalTage, where the Author Hating the Cafe of Ahifes tending to a Total Snbverfi- 07i, allows, That in fuch a Cafe the Supreme Power may be Adminiflred by another : Which fhews, That this Reverend Prelate, who was fo Instrumental in the Revolution, did not ad in Contradiction to his former Sentiments, as was infinua- ted, by Citing this Treatife^ but was Firm and Conllant to himfelf, when he Embark'd in that Glorious Enterpize. That feveral Sermons that had been preach'd fince the Revolution, had been like wile offer 'd to their Lordihips, to fhew that the Doctrine of Non-Rehitance has been deliver'd in general Terms, but thele could be of no Service in his Defence, for the Reafons that had been given. Befides, the Commons did not think themielves concern'd to enter into the Exami- nation of private Opinions : And for thofe that had been Preach'd by the Right Reverend Fathers of the Church now Living, They were the belt Expofitors of their own Mean- ing ^ and he fhould Mifpend their Lordfhips Time to enter into any Explication of them. That the Doctor having Ap- peal'd to the Right Reverend Fathers of the Church, to thele Right Reverend Fathers they left him, not doubting but the nation would be iatisfied how much they were con- cern d for the Honour of the Revolution, and the Security of the prefent Happy EiUbliihment under Her Majeity, by the juit judgment- tiiey would give upon Uiis Occaiion. That (Ill) That as to the Laws of the Kingdom, there needed little to be faid, after what the Learned Gentleman who fpoke lalt had offer'd to their Lordfhips } efpecially fince the Council for the Doctor had all of them own'd, That the general Ex- prefllons in the Laws don't extend to any fuch Cafe as that of the Revolution, which no Municipal Law can be fup- pos'd to include: And if Doctor Sachverell had been fatisried with laying down the general Doclrines of Obedience and Non-Refiftance in the manner the Laws have done, the Com- mons had never given their Lordfhips this Trouble. For 'twas his Entring into the Debate of what was agreed by his own Council to be an Excepted Cafe, and his Arraigning the Juftice of the Revolution, which had been already Hated at large to their Lordfhips, that had given Occafion for the Pro- fecution upon this Article. That the Commons had alledg'd, ' That to fbake the Ju- ' (lice of the Revolution, and the Validity of thofe Acts of ' Parliament, by which Her Majefty's Title to the Crown ' was declared, and the Succeffion fettled in the Proteliaut * Line, was a matter of the greateft Confequence, at a Time * when the Hereditary Right \o the Crown was Conteited ; * and that the Friends of the Pretender could advance his * Intereft upon no other Ground ? But it had been urg'd for the Doftor, That he could never mean any Service to the Pretender ^ for he AlTerted the Hereditary Right to be in the Queen, and that thofe who deny Her Hereditary Right, are moft like to bring in the Pretender, And by this Anfwer they Infmuated, That the DocTor had AlTerted an Hereditary Right in Her Majefty, and that thofe who defend Her Par- liamentary Title deny Her Hereditary Right, That the PalTage they cite for his AlTerting an Hereditary Right in Her Majefty, is Page 2, where he calls Her Majefty, The Good and Pious Relict of the Royal Family • and they argued, That if Her Majefty be the Relift, and the only Prince of that Family left, fhe muft have the Hereditary Right of Courfe. That their Lordfhips could not butoblerve, this Pai- fage required fome Straining, to give it any Appearance of An- fwering the Purpofe to which they would apply it} and after all it; could carry no fuch Meaning, Her Majefty not being the only Descendant of the Royal Family now in being ; That there were feveral Branches of it yet remaining, and he could not believe that the Gentlemen who uted this Argu- ment, intended to exclude the Illuilrious Houfe of Hanover from being Part of it. That in the next place they tum'd it upon the Commons, as if they denied the Hereditary Riglt (which they fhould ever avow) when they AlTerted the Ti- ik by Ati of Parliament. That he fubmiued to ^heir Lord- ftnps, {hips, Whether any thing more was faid, than that the He- reditary Right was contejled-^ and this was Notorious to all the World Is taken notice of in our Oath of Abjuration, and was claim'd two Years ago by the Pretender's attempting an Invafion. That in iuch a Cafe 'twas certainly the Duty of every Subject, to make good all the Fences which guard Her Majeity's Title to the Crown j and we have Reafon to lay fome Weight upon a Parliamentary Title, fince the Proteltant Succeflion entirely depends upon it ^ and to defend the Power of Parliament, to limit the Succeflion of the Crown, fince the Doctor had offer'd to their Lordihips in Evidence a De- cree of the Univerfity of Oxford, in the Year i68}. where this Proportion, viz, " That it is Lawful to Preclude the 4C next Heir from his Right and Succeflion to the Crown, *c was folemnly Condemned, as Falfe, Seditious and Impi- ous i which he fMr. Sollicitor Gene ral) the rather took Notice of, becaufe the Doctor relied fo much upon the Authority of that Univerfity ; but he muft take leave to fay, That if the fame Principle lliould itill continue to be taught, or to be be- liev'd in that Univerfity, where fo many of our Gentlemen receive their firit Impreflions, it muft one time or other In- volve us in Blood, and leave Pollerity in endlefs Difputes a- bout the Title to the Crown j and therefore 'twas of the greateit Confequence to Her Majeity, and the Security of Her Perfon and Government, the Continuance of the Succeflion in the Protectant Line, and the Peace and Happinefs of this Kingdom, to maintain the Power of Parliament to fettle the Succeflion to the Crown, which has been exercis'd in all Times, and frequently reforted to by Her Majeity's greateit and wifelt Predeceflbrs : That this was not to make way for the Petender, but to fhew that he is efFe&ually and legally excluded ; and that Her Majeily has not only the Hereditary Right, but the Sanction of an A8 of Parliament, which has been always thought fuflicient to bind the Succef- lion to the Crown, and is the plain way to eftablifh Her Majeity's Throne againit all Attempts whatfo- ever. That their Lordihips were told, That thefe Sermons were not preach d with a Seditious Intention, and that the Doclar could never be (uppos'd to have a Defign to Undermine the Government, by Preaching up the utter Illegality of Refin- ance : Which had indeed Lome fhew of an Excufe } but if their Lordihips confider'd in what manner he had applied liL Doctrine of Non-Rcfillance, and the Uie he bad made of it, together with the general Defign of the Sermon, which was a virulent invective throughout, it would appear, that he could not take a more pioper Courfe to Incite the People to c m'J to Sedition, and to create Jealonftes and Difcontents in tie" Kingdom: For, Firfc, he endeavour'd to mew, That if there was any Reilltance in the Revolution, the Foundations or" our prefent Happy Settlement • were laid in an Unlawr\ii Force, becaufe fuch Refinance was, as he fays, utterly I:ie- tieral Rule, and this he laid, he denied ^ and, if fitch an Ex- frejfon could he found in the Doctor's Samon, he fhould think no Punifoment loo g} cat for him. That their Lordfnips could not but oblerve the Argument which immediately followed $ *Tis one thing, fays he, exprcfy to affirm the Revolution is fucb a Cafe as ought not to he excited, and another thing not to make that Exception. That the Lords were told, indeed, in the beginning of the fame Difcoorfe, and afterwards by the Dr* himfelf, * That his general AlTcrtion, of the utter Illegality * of Refinance on any Pretence whatfoever, did not relate to * the Refiftance ufed to bring about the Revolution, it being * applied to the Supreme Legij'ative Power, to which no Refi- ' fiance was then made, the Lords and Commons joining in * it. That this was a Meaning which the Dr. had not in view when he Preach'd the Sermon ; for, by obferving the Parages, the Lords would rind that the Words Supreme Vow* er, are no part or' the Alfertion of the utter Illegality of Re- lillance on any Pretence whatfoever \ That the Dr. did in- deed, affirm unconditional Obedience to the Supreme Power in all things Lawful, but tne Illegality of Refiftance was in- definitely and univerfally affirmed, and not lenrain'd to the Supreme Power : That 'twas like wife evident, not only from his mentioning the Cafe of the Revolution, which was the Cafe of Refinance to the King, as an Oojection to his gene- ral Rule, of the utter Illegality of Rehhance, but like wile from the fubfequent Parts of tne fame Paragraph, that the Non- Refinance which he Preach'd tip, was iNon-Rcii^ancs to the Supreme Executive Power ; and indeed, tnis was full more evident from the Fallacy of tnat, which was offer 'd to induce their Lordfnips to think otherwise, it being undenia- ble, That the Lords and Commons did not join in that Reii- ftance as part of the Legiilative and Supreme Power, but as part of the collective Body of the .Nation. That this Sub- terfuge, frivolous as it was, being icon departed from, the Argument proceeded upon the Suppoiition, that the general Alfertion in the Sermon was to be underiiood of the Supreme Executive Power. That he return'd therefore to the Objection, asftated before,which, being delivered with uncommon Oiten- tation their Lordlhips would allow me to enter into the Ex- amination of it 3 The Suljills Obligation tQ4nuncmditianal Olc- Hln dientt their Lordihips wee nexj to confide^ what became of this Ob- jection ; in what manner it was treated by him, and what Judgment did pafs upon it ? That the Dr. did not diop the Objection without confidering it further, he was not fdent in the Matter, he did net leave nis as an Exception implied and to be Juppos d by the general Rule, but proceeded and argued expreily upon it tor two or three Sentences together- i\or w^re his hxpteffions in this yelped: entirely agreeable to thofe of the Apoiile- In the next place, did the Doctoi yield the Objection to his Ad verlaiiesf Did he allow the Rehitance us'd to biing about the late happy Revolution to have been a r "7 j z lawful Reiiftance, and to be an Exception out of .his gene- ral Rule? Ino, 31 lit the contrary: He was fo far from agree- ing with his Adverlaries in this Point, or giving way to the Exception, that in Vindication of the Revolution as he would, be thought to fpeak, he pronounced thole, who make the Exception, and contend for the Lawfulnefs of that Re- finance, to be Enemies to the Revolution ; and that Reii- ftance which the Commons affert to be the Necellary Means by which it was brought about, he defcribed to be odious Colours cafe upon the Revolution. That in his next Sentence he Infinuated, That there was no Refinance at the Revolu- tion, and, to that end, Mifreprefented his late Majelty as having difclaim'd it ; and with the fame intent likewife, that the Parliament fet the Crown on his Head5 on no other Title than of the Vacancy of the Throne ; and ftill the more effectually to delude his Hearers into the Belief of his general Affertion, grofly and ridiculoufly perverted the Cenfure paft by a future Parliament upon the .(Notion of Conquejl, as z Condemnation of that Rejifiance, That having thus confide- red this Objection of the Revolution, and the following parts of his Paragraph being Expreffions of Triumph over his Ad- versaries, whole Objection he would be fuppoied to have con- futed, towards the clofe of it he ufed thefe Words, as his Conclufion and Judgment upon it ; Injbort, as the Englifh Government can never be fecure on any other Principles butjlridly thofe of the Church of ENGLAND, fo he will le hold to fay, &c. That his general Rule of xson-Refiitance on any Pre- tence whatfoever he had before laid down as the Doctrine and Principle of the Church, which, after having coniider'd the Cafe of the Revolution as an imaginary Exception to it, he reallerted in thofe Words. And what clearer Indication could their Lordihips receive of the Doctor's Intention in his general Affertion i Could their Lordfhips, or any Body that ihould conlider the Tenor of that part of his Difcourie, retain any Doubt whether he had plainly and fully declared himfelf, That the Refinance wd to bring about the late happy Revolution was odious and unjuftifiable, and not to be excepted out of hU Fundamental Rule of the Illegality of Refinance on any Ptetzncc whatfoever ? And could it be faid that this Interpretation of his Difcourfe was ftrairtd and unnatural f Was this Part of their Cnarge maintain'd by conjoining diftant and independent Pajfages ? Or was not the Connexion clear and neceifary, and the Senfe they contended for, the only Senfe, the Words could properly bear, in the molt candid and genuine Inter- pretation of tnem ? That the Gentleman,whoie Objection from the Bar, he (Mr. Lecbmeie) - had been confidering, faid, Thai 'tis one thing exprejly to affirm that the Revolution u not to be ex~ H h 5 cepted^ («3) cepted, and another thing not to make that Exception ; but, trio' the Woids of the Sermon were not an exprefs and ii Affirmation, yet if this Conitruction appear'd to their Lord- fhips to be neceilary and certain, they would be taken by them to be an ample and undeniable Declaration of his Mind ; and this poor Shift, thus emphatically infilled on at the Bar, would amount to no more, than what the Dr. had before laid in his Aiuwer in plainer Words, That he had not viaintairfd the Necejfary Means to he Odious and Unjuftifiabl'e, he* caufe he had not made y re of thofe very JFotds. That the next PafTage which he mould obferve to their Lordfnips, fell from the Gentleman who fpoke third in De- fence or this Article ; his Words were thefe ; I have been careful and exacl in collecting them, ' One Learned Gentle- < man, fays he, did obferve, that there was an Original Con- * tract, and that by that Contract, if the Executive Power * invaded the reft, that Contract was broke, and the People * difcharged from their Allegiance \ but he did not think fit * to take notice when that Contract was made : I would fain 4 know, whether it was before Magna Chart a or fince • if it was before, it is much no mention is made of it there,, for that has been always looked upon as the Great Charter of the Rights of the People. Was it before 25 Ed. 5. I then I would know, Whether that Contract made before the z$ * Ed, 3. could ever difcharge that Act which was made after it ? If it cloth difcharge the Subject of their Allegiance, I have never yet known it pleaded to any Indictment for High Treafon upon that Act :, and, therefore, Tifl the Le- * gifbrure fiall determine what that Qmtrafi is, and what Breach 6 of it fiali difcharge the SubjeBs of their Allegiance, 1 mnji take * leave to fay, that ReGflame Jiandi Jlill upon the Foot of the 4 Statute of 25 Ed. 3". Tnat the .Nature and Coniequence of this Pailage would bear a fnuch more ample Coniideration, tiian his Time has allowed him to give it, or than might be fit to trouble their Lordfnips with, on this Reply • but, he conceived a ffcort Xotiee of it, and of the near Relation it bore to the Matter now before them in judgment, might yield a pretty clear Difcoveiy and Explanation of the whole. But the dii.ance of Time iince the opening of the Charge, and the many palpable MiiconltrucUons, which fome 01 the Council had allowed to themfelves, of what had been offered by fome of the Managers in behalf of the Commons, made it neceilary for him, even in this Particular, to remind their JLoidlhips of the Connexion of the Dilcourfe, out of which tuis Observation was rais'd : That their Lordlhips were ac- quainted, in opening the Charge, with now great Caution^ and with what unfeigned Regard to Her Ma jelly ana Hi* Govern- ( w ) Government, and to the Duty and Allegiance of Her Sul the Commons made choice of the words Necejfary Means, to exprefs the Refinance that was made ufe of to bring about the Revolution, and, with the condemning of which, the Dr. was charged by this Article ; not doubting, but that the averting the Honour and Jujlice of that Rejijlance, from the Neceffity of that Cafe, and to which alone they had hrictly confin'd themfelves, when duly confider'd, would confirm and nrengthen, and be underitoud to be, an effectual Security of the Allegiance of the Subject to the Crown of this Realm in every other Cafe, where there is not the fame Neceffity 5 and that the Right of the People to Self-defence, and Preferva- tion of their Liberties by Refinance, as their lalt Remedy, is the Reful t of a Cafe of fucb Neceffity only, and by which the ORIGINAL CONTRACT between King and Peo- ple is broke. That this was the Principle laid down and carried through all that was laid with relpect to Allegiance, and on which Foundation, in the Name, and on the Behalf of all the Commons of Great Britain, they afferted and Jul ti- lled that Refinance, by which the late Happy Revolution was brought about. That when the Gentleman from the Bai en- deavour'd thus, in a ludicrous manner, to explode the Origi- nal Contract between the King and People, he mult not ^e fuppofed to be ignorant, that thofe very Words are part of the Vote of the Abdication, the Vote of both Houfes of Parliament, at the time of the Revolution, antecedent to thst Settlement of the Crown, on which Her Majeity's Parliamen- tary Title, and our pre Cent Eftabliihment, is founded. That he had thought it neceifary to Tranfcribe that Proceeding from their Lordthips Journals, now lying on their Table and would hate it to them., a- he had taken it from thence. That upon the twenty ninth of januayy ,\6%%,A Meffa^e was brought from the Commons by Mr. Hampden and others, who faid, The Commons taking into tfa h Confederation the State of this Kingdom^ had pafs'd a Vote,to which they defired your Lordflnps Concurrence f which Vote was as follows \ Refolved,That King James the Se~ cond having endeavoured to jnbvot the Conflitutwn of the King- dom, by breaking the Original Contra^ between King and People \ and by advice of Jefuhts and other wicked Per [ons, Laving violated the Fundamental Laws of this Kingdom, and having withdrawn himfeif out of this Kingdom, has abdicated the Government, ai.d the Throne is thereby become vacant. That their X^ordihi-'S Houfe Refolved it felf into a Committee of the whole Hou.e, and the Vote, containing in it divers Particulars, upon ti.e 50th day of January was confidered by Paragraphs, the nrft of which was, That King James the Second having endeavoured to Subvert t.'.e Conftitution of the Kingdom, by breaking the On- H h 4 . ginal ( 120 ) ginal CmxtYoR hhveen King and People :, to which the Comrnif* tee. and the Houfe afterwards, agreed without any Amend- ment : Now, when it appear'd to their Lordfhips and the "World, that heakhig the Original Contract between King and People, were the Words made Choice of, by that Hou'le of Commons, with the greateit Deliberation and Judgment, and approv'd of by their Lordfnips, in that hrlt and Fundamen- tal Step made towards the Re-eiiabiifhment of the Govern- ment, which had receivW fo great a ihock, from the evil Councils, which had been given to that unfortunate Prince, and that they were Dated in that Vote as a Confequence of his endeavouring to Subvert the ConfUtution of the King- dom; he need not fay, how much the Lawfulnefs of that Reiiitance, which had been before made by the People, and which was now the immediate Queflion, nay, how much the Junice ot the Revolution it felf, would be affected by a .Condemnation of that Poiition : And what Light did it give to the Queflion now before their Lordfhips, when at their Bar, in Defence of a Peifon accused by the Commons for condemning the Neceffary Means which brought about the. Revolution, they had heard that Original ContraS, at that time 16 folemnly declared to be a Fundamental Principle, publickly denied, ridiculed and endeavoured (in what manner 'twas eaiie to judge) to have hen exploded ? That the Truth or that Poiition nad its Foundation in the Katuie and Eifence of the Conidtution of our Government, and it would itand, fo long as this remains j and the Sancti- on, it had receiv'd from their Lordihips, and from that Houfe of Commons, who had with fo much Wifdom and Bravery alTeited the Rights of the Kingdom in that extraor* dinary Juncture, and who, purfuant to that Refolution, fet- tled the Crown upon Her Sacred Majeity, ought to render it indifputable, fo long, at leait, as that Eilabliihment is nrehrved to us. But yet, could he (Mr. Lechmere) think it feaibnable to enter into it, to confider more particularly the Nature of our Government, to draw together fome of the • many inconteitible Evidences of its Original Freedom, to con- iider more particularly the ^Nature of our Government, to draw together fome of the many inconteitible Evidences of its Original Freedom, toconftdertheiNature, Antiquity, andHi- liory of the Coronation Oath, and the Oath of Aliegiance,and the mutual Obligations and Ccnfequences ariling fiom them to the Prince and People j Was he to go over the feveial Branches, that make up the ancient Frame of our Govern-- ftrenti and which Ipeak and exprels a Content and Compact between the Prince and People in their InUitution, and was he to obferve that irreparable Relation and equal Secu«- iiiy which they import between the Crown and the Subject, «nd (121) and which are fo many infallible Tokens of Original Con- lent ilampt upon them, the Truth and Certainty of that Po- rtion of an ORIGINAL CONTRACT between the ' King and People, might be laid down to their Lordfhips in demonitrative Terms. That the Gentleman that rais'd this Obfervation foon afterwards, in the fame Difcourfe, fup- pos'd, that by the Original Contraft, the Original Conftitu- tion was meant ; That how ilriCtly proper that manner of ipeaking might be found to be, he would not now deter- mine, yet thus much might with Certainty be concluded ^ That the denying the Original Contract, is not only to difa- vow the whole Proceeding at the time of the Revolution, but to renounce the Conftitution it felf, to difclaim thofe many and undeniable Proofs and Teftimonies of it, which almoit every part of our Hiltory , our Records and Memorials of Antiquity, will furnifh. That to deny the Original Con- trail: of Government, is tocontradicf and condemn the Voice and Tenor of all our Laws, of every Ad of the Supreme Le- giilative Power, the Force and Efficacy of which exiits upon the Confent of the Crown, Lords, and Commons, and are therefore fo many lafting and unerring Proofs of that, as thi Oiiginal Foundation of that Supreme Power } That 'tis not only to oppole the conltant Judgment of all learned Men, who have underitood and wrote impartially of our Govern- ment, but even the Senfe of many or thofe Writings, which had been produced and read to their Lordfhips in the Dr's* Defence, and, more particularly, that of the judicious Mr. Hooker. That to deny and condemn the Original Contract between King and People, what other Confequences coifd it produce, than to unhinge the Government, and to deftroy that excellent Ballance of Power, which is fecur'd by it, and by which it has been fo long preferved ? That it mult weaken the ancient and juft Prerogatives of the Crown, fubvert the Foundations of their Lordfhips Legiflative and Judicial Powers; render the Parliamentary Rights of the Commons precarious and uncertain, and terminate at length in that ab- furd, yet dangerous, Opinion, of the Patriarchal Right, which, when joined together with the Doctrines of abfoiute and unlimited Non-Reiiitance, and unconditional Obedience of the Subject to their Prince, compleats that fatal Syftem, which had been, of late, fo much contended for, towards the enflaving Mankind. But that their Lordfhips would confider further, what "Ufe and Application was made of this PafTage by the Council 5 his Conclufion was, That till the LegijUiture lad determined what that Contract was, and what Breach of it Jhall difebarge the Subje&s of their Allegiance, he took leave to fay, that Reji fiance Jii 11 fiood upon the, foot of 25. E. 3, That the Managers hood there entrusted to maintain the i 122 ) £he Charge contain \i in their Article, to afiert tht Juftice of that Refinance only, which brought about the late happy Revolution; and mat being the Refinance in queition, and to which alone they had apply'd themfelves, and in Support of which the Original ContvdB was mentioned; what was the plain EngUJb of this Inference diawn from the denial of it, did it nut amount to an open and pofitive Declaration frorn the Mouth of Dr. SacheverelVs Council, That that Refinance which was the neceflkiy Means us'd to bring about the late happy Revolution, jnitead of being an Honour- able and Lawful Refiltan.ee, was an Act of Rebellion and liigh-Treafon ? That having confider'd thefe Particulars, he begg'd their Lordfhips Indulgence to make a few Obfervations on the Kature and Method of the Defence to this Article: That their Lordfhips would remember, tho' it feem'd to have been totally forgot on the Prisoner's part, that the Maintenance of this Article had not relied on the Doctor's general AiTer- tion alone, but upon the following Paifages now iiated to their Lordfhips j fiom whence the Managers had undertaken to- convince them, that Doclor Sacheverdl had applied that general Rule of JSon-Refiitance to the particular Cafe of the Revolution j and this, having render'd the Independent Confi- eerationof the general A iTeition, wholly immaterial,vhen their Jjordihips after wauls ineard the AdmilTions that were made 'fey tht Council, of tiie Legality of the Refinance us'd to lacing about the Revolution, their Lordfhips might reafonably isave expected, that the only Queition remaining on this Ar- ticle would have been, how far thofe fulfequent Pajfages of the Sermon did Evince the h.tcnt of the general JJfertion. But, tho* the Queilion had been thus plainly itated and ma. main d, Mid the Method of the Doctor's Vindication thus clearly pointed out to him, yet how little had been faid i How lit^ tie notice Had been taken of this, which was his proper De- fence f The Gentleman who began the Defence had, indeed, denied the Charge of this Article; the Force of that, and of Ms Argument, whkn followed, had been con fidered; but if theii Lordfhips fhouid not think ht to accept that {ingle At- tempt as fufficient to acquit the Prifoner, (together with a nervous Observation of the Interpolition of lome Lines be- the general Afiertion, and that Sentence wherein the Revolution is namedj how much would their Lorihips find, : ighout that long and labour'd Harangue, that could be iudged by them, at ail material, to the true Queition before . ; For, tho' the general Doctrine of Xon-Refiltance, the Doctrine of the Church of England, as itated in her Homilies, or ellewhere delivered, by which the general Duty of Sub- jects to the Higher Powers is taught, be owned to be, as un~ queitioiubly C 123) queftionably it is, a godly and wholefome DocTnne ; th.o* this general Doftrine has been conftantly inculcated by the Reveiend Fathers of the Church, dead and living, and preach'd by them, as a Prefervative againft the Popijb Do- drine of depofing Princes, and as the ordinary Rule of Obe- dience ^ and, tho' the fame Doctrine has been preach'd, maintaiu'd and avow'd by our moit Orthodox and able Di- vines, from the time of the Reformation ; And, How Inno- cent a Man foever Dr. Sacbeverell had been, if, with an honejt and well-meant Zeal, he had preach'd the fame Doctrine, in the fame general Terms, in which he found it deliver'd by the Apoities of Chriit, as taught by the Homilies, and the Reverend Fathers of our Church, and, in Imitation of thofe great Examples, had only prefs'd the general Duty of Obedi- ence, and the Illegality of Refinance, without taking No- tice of any Exception; yet, what Excufe could be derived, to the Matter now in Qucftion, from fuch Confiderations as thefe, in Favour of the Doctor, who, had not only alTerted the general Rule in Terms of the greateft Latitude, but had expiefly mention'd and difallow'd the Exception of the Refin- ance, which brought about the Revolution ? And, whatever was the Language of our Laws, repealed or in force, wherein the fame general Duty of Subjects is ftated, and the Rule laid down to them, as Neceffary and Fundamental for the fafety of the Crown and Government, and the Peace of the King- dom, and which are meant to enforce and fecure their Civil Obedience in ordinary cafes, ( but which no Body would fay- can be conlliued to extend to the cafe of a People, threatned by their Prince with total Deftruction, the utter Subverfion of their Laws, and the lofs of their Religion and Liberties, to a cafe of the laft Neceflity, fuch a Cafe as the Revolution was,) yet no lTfe could pofiibly be made of fuch Declarations in our Acts of Parliament to juftifie the Doctor, who by his general AiTertion, had not only out-gone even thofe general Declarations, but had undeniably applied it in Condemna- tion of the Cafe of the Revolution, which was the Charge of this Article. That their Lordfhips would allow him to obferve yet a little further : That the Nature of this Article appearing to every Body to be of that near Concern to Her Majefty and Her Government, their Lordfhips had, indeed, heard very warm and pathetick Expreflions of Loyalty of ve- ry tender and dutiful Regard to Her Majeity's Title, and much Labour and Vehemence was us'd to perfwade their Lordfhips into a Belief of this: But yet tneir Lordfhips could not but obferve, where the real Strefs ana Force of the Argument was plac'd, and where it center'd at laftj That their Lordfhips would hud, the great Effort was made to E-= ' ftablifh C I24 ) ftabiim the general Dodrine of Non-Rejijtance, to inculcate this, in Terms of the largeft Extent, in the fame univerfal Terms, wherein the Do dor had delivered it, and than which Mr. Lcchmere was at a Lofs to find Words that could extend it further ^ That if their Lordfhips ihoald think fit to look back, with particular Exadnefs, upon the feveral Difcourfes, which hid been made from the Bar on this Article, and, for their more accurate Judgment, fhoulcl think pi oper to lay them together, and obferve thch Confiftency ^ and if, from fucn an Examination, they fhould fee Caule to compare that, which was firft delivered, with that, winch was afterwards ffokc by the Doctov himfelf, ('for, between them the Refem- blance feem'd to be the neareft and the Difference between them in the Notions of All fiance but vay ftnall,) their Lordfhips, might perhaps, in a g;eat Meafure, Colled from tlience the true Genms of this Defence, That their Lordfhips would obferve in how different a Manner, with what different Zeal, the main Points in Agitation had been handled by them ; he me^nt, the Juitice of tiie Refinance, which brougnt about the Revolution, and the general Dodrine of Kon-Refiftarrce. That it had already been obferved, that the Dodor himteif made no Ad millions concerning the Lawful- nefs of that Refinance, but had us'd ExpreJJions of due Re- gard to the P,oteitant Succeffion ; That the Gentleman, who cgien'd the Defence, it being, it feems, of no Confequence to the prelent Occafion, came to no Declaration in this Point of the Proteitant Succeffion; But, as to the Honour and Ju- flice of thi Revolution, his Approaches were nearer ; He had acquainted their Lordfhips, That there is nothi g further from our Hearts, nor any thing lefs Necejfary for our Defence, than jar us to call in Quefthn the juftice of the Revolution. That at anotner Time, he delivered himfelf in general Terms; Such a Cafe, (that is, a Cafe of Neceffity, a Cafe ne- ver to be mentioned, but to be fuppos'd and implyed) the Re- volution was: But, in other Parts of the fame Difcourfe, the Jlxprefilons, even concerning the Revolution would be found to be more refetv'd and' wary, and always foften'd with fome laving Particle : Thus fhy and tender at the belt, had the Admiffions been from thole two Difcourfes, of the Lawful- ness of that Refiflance which brought about the late Happy Revolution-. But, as for the Dodrine of Abfolute Unlimited Kon- Refiflance, by which, if it be not an Erroneous Do- ftrine, the Juitice of the Refiflance, which was the NeceiTary Means that brought about the Revolution, (and in puri'u- Since of which the Crown was fettled on Her Majeily and the Proteitant Line) muff for ever remain Condemned \ * What Fervency «na Copiaufnefs of Expreflion was, laid he, us'ct (125) * us'd to Eftablilh that? What Cautions had appeared to * guard and fecure this Doctrine as Inviolable ? How often, c and with what Zeal was it inculcated, that the general * Doctrine, was that Doctrine which alcne was to be * preach'd and prefs'd ? The Exception, the Cafe of Necejfty% 8 the Cafe of the Revolution, the only Cafe contended for, was * not fit to be mentioned 5 The Di's. general Rule was that * alone, which was proper to be inculcated and believed j * the excepted Cafe never to be fiated, but to be fuppos'd or 5 imply 'd, and to be left to juflifie it f elf 1 My Lords, continued he, How comes it to pafs, that Co 4 little Concern has been fhewn, in tne Courfe of this D3- 4 bate from the Bar, to that, which was the proper Defence 4 of the Criminal, to clear the PaiTages of his Sermon fiom 8 the noxious Meaning they had been (hewn to bear? How < comes it to pafs, that the Honour and Jutlice of the Revolu- 4 tion is thus tenderly Acknowledged ; out yet, all that lias 8 been faid to Support ir, has by this Gentleman been en— 8 deavour'd to be enervated, and at the fame Time the ex- 4 treameit Zeal fliewn to Eftablilh the general Poll tion, tho' 8 altogether immaterial? 1*11 once more venture at a Charita* 8 ble Reconciliation of thofe feeming Inconfifl enciesi Upon a * veryihict and minute Recollection, your Lordfnips will 8 find, that the Refftance, the Necejfary Means us'd to bring * about the Revolution, is never once Acknowledgd in that * firft Difcourfe in plain and exprefs Terms: The Cafe of INe- 4 ceflity in general, the Cafe of the Revolution was fo am- 4 biguoufly fpoke of, and fo skilfully given up, that, by the * kind help' of fame hap+y DiflinBion, when the Seafon is ptopety 4 'twill be eafie to retrieve it; tho' your Lordihips may re- « member fome plaufible Expreflions concerning the Juftice of 8 the Revolution, yet you will find, the real Conclufions of * the Difcourfe tend to condemn it \ and fuch remarkable In- 4 fiances chofen, fuch as the Cafe of the two Spencers, 4 which, being applied to the Cafe of the Revolution, ie- 4 prefent its Piinciples damnable, its Confequences deteita- * Die, and the Alfertors of it deferving Eanifhment ; Your 4 Lordihips will rind the Argument fo well adjufted to the 4 main Point vi view, to Eftablilh the Jlavijb Doctrine of dbfo- 8 lute Unlimited, Non-Rejiftance, that, if the worit Ihould 4 happen, even that again!! which we are now contending, 4 the judicious Referves that Gentleman has ufed on tne 4 Point in Quehicn, and the ieal Service he may be 4 thought to have done to that fiavijb Doctrine, may, 4 in due time, raife a Merit in Favour of all its Con- * fequences. He ( 126) • * He added, That as an undeniable Evidence of a Jincerc i Ajfeflion to the Cafe of Keceffity, the Cafe of the Revo- * lution, He would put their Lordfhips in mind of the Pal- « fage quoted from Mr. Pym in his Declaration againft Do- f dor Manwaring. That the Doftrine Preach'd in thofe Days, and for which he was Impeacii'd by the Commons, was the at- tributing an Alfolute Power to the King over the Property of the Subject, tho' with fome deceitful Limitations, as tnat of extream and urgent 'Neceffity. That Mr. Pym had fhewn the Vanity and Fruitlefsnefs of that Limitation, it being left to the Prince to determine what is an urgent and prefiiiig 2\e- ceflity ; and to reprefent the Danger of fuch a Cafe, of al- lowing any Exception upon any Pretence, even that of ex- tream Neceffity, he cited the Charter of Lewis the ioth of France to the Dutchy of Normandy, wherein that Prince ha- ving acknowledged the Franchises of the Dutchy, and grant- ed to them, that for ever afterwards they mould be free from all Exactions from him and his Succeilbrs, thefe Words followed, unlefs great Necejity requited j which (mall Excep- tion, Mr. Pym obferved, had in Time devoured all their Im- munities. That Mr. Pym, in that Speech, arguing againft the Pofition advane'd by Doctor Manwaring, condemns the ieail Pretence of any Exception : And the Gentleman, who quoted this PaiTage from him, having endeavoured to efta- blifn his General Doctiine of Jbfolute Non-Re f fiance, the Do- ctrine preach'd by Doctor Sacheverell, and having fhewn the Danger of mentioning any Exception to it, even that of the •Cafe of KecelTity, and fuch a Cafe, he had before told their Lordfhips, the Revolution was, concluded from that Inftance, that fuch Exceptions wou'd in Time devour all Allegiance. He itrg'd that this had been the Method, thefe the Argu- ments us'd to acquit the Doctor, to mew the Innocence of his Intention, and that there was no Defign either in his Sermon or his Defence, to condemn the Refinance, the necef- fary Means which brought about the late Happy Revolution , And from thefe Obfervations their Lordfhips might poiTibly difcern the Confiftency of the whole Defence. That he beg- ged leave only to turn the Cafe, to fuppofe a Cafe of a real Defign to condemn the late Glorious Revolution, and all the Happy Confluences of it, at a Time, when exprefs Declara- tions of inch a wicked and traiterous Intention may not be judged proper, at a Time, w hen fome plauiible Expreffions of tiie juhice of it, may be thought Ufeful and Neceffar.y, and, at luch a Time, let the Illegality of Refinance on any Pre- tence whatsoever, be laid down and enrbre'd in its utmoit Extent j let the Danger of Hating or mentioning any Ex- ception to it, be ftiongly inculcated j let the JuHke of the Ex- f 127 ) Exception, even of the Cafe of Necetfity, fach a Cafe as the Revolution was, be iiluftrated by an Initance, wherein 'tis expreily condemned \ and. might it not be faid, 'Tis eafis to difcern what Sprit inch a Peifon is of, of what Party he is, what he aims at, and what he intends • that he has not betnjpeak- ing in Defence of the late Revolution, can't be look'd upon to have been arguing for it, and to pew the jujiice of it, hut wag covering the Treafon of his Heart, and under Pretence rfjufiify- ing one Revolution, was labour ivg to bring about anotlxr : hut3 what vain Imaginations muit. poffefs thole Minds, which can flatter themfelves into a Belief, that, even whilit they are maintaining Principles, that tend moli certainly to under- mine the Foundation of Her Majeily's Government, and the Proreitaut Succeffioir, the moil Solemn Protections out of the fame Mouth, and in the lame Breath, ihould pafs for an Atonement with their Lordfhips, or give Satisfaction to any, that heard them. That their Lordfhips would confider the evident and ne- ceilary Tendency of the Doctrines, which have been preach 'd by the Prifoner, and have been again afferted, though not openly avow'd, in their full Extent and Confequence, ia Defence of this Article. That the Doctrine of Jbfolute N(m- Rcflftance, the condemning the Original Contract:, renouncing the Antient Legal Conftitution of the Government, which is our Title to our Liberties, where Poiitions, which could have no better Tendency, than to make theprefent Settlement of the Crown, and our prefent Eitablifbment, and to make way for the Pretence of a Natural and Divine Right of Suc- ceffion : 4 Are not thofe (faid he in the Conclufion) thePrin- c ciples taught and avow'd by Papijls and Non-Jurors, and * whereon their Hopes are founded ? And are they more ' Wholefome, or lels Dangerous, when they fall from the ' Mouth, or drop from the Pen of the Prifoner, or are afTer- c ted in his Defence, tho' gilded over with fpecious Pretences^ 4 and under the Umbrage of a true Son of the Church '< If * thefe Doctrines of Unlimited Non- Refinance, of a file i Hereditary and Divine Right of SucceJJion to the Crown, are * the very Doctrines, on tlie Belief of which, the profeiTed * Enemies of Her Majehy and Her Government, inviolably 1 Engage themfelves againit Her Title, and againft the Pro- * teitant Succeflion; If thefe are the Tenets, by which they * openly condemn the late Glorious Revolution, and all its * Coniequences, from which Part of this Defence can your * Lordfhips collect the Innocence of the Prifoner I By what * way of Reafoning can it be concluded, that the fame Opi- * nions embrae'd by this Gentleman, do not inevitably en- * 'gage him in the fame Intereit ? Sir (128) Sir Peter King *# QIR Peter King, who fpoke next, told- Speech. ^ their Lordfhips it was his Part to reply to the Anfwer that had been given by. the Doctor, to the Charge of the Commons of Great Britain, witu Relation to the Second Article. That when he was entrufted by the Commons to manage this Part of the Charge, He both quo- ted and read the PaiTages of the Sermon to make good that Charge ; Nor did he deiire that any thing fhould be taken upon Trull, or any thing receiv'd againil him but what ap- pear'd from his plain exprefs Words, or by clear, neceiTary and unavoidable Confequence. That indeed, after the whole Sermon had been read by the Clerk, he thought it too great a trouble to their Lordfhips, to have the Clerk read over the particular PaiTages again at the Table, and therefore he read them himfelf, truly and fairly, as they were in his Sermon ; and if I had done other wife, the Doctor and his Council would have fet him right. That he agreed with the Doctor and his Council that in a Cafe of this Nature, and he would fay further, in all Cafes whatsoever relating to Crimes, the Charge mull be maintained by pofinve plain Words, or neceiTary and unavoidable Inference, fuch as no reafonabie Man can withliand the Light of} and therefore, if there was nothing in this Cafe but dark Hints, itrainM Innuendo's and forc'd Conductions, he was fure, neither the Commons of Great Britain, nor himfelf would appear before their Lordfhips with an Attempt to make out a Charge of this Nature : That if it was not prov'd by plain, politive and exprefs Words, or neceiTary and unavoidable Inference, lie was fure their Lordfhips would never convict him ; be- caufe it would not be juit and right fo to do. That it is a perverting of Common Juitice to condemn a Perfon without plain and direct. Proof ; therefore what they reprefented to their Lordlhips was, that by plain and clear PaiTages in his Sermon, he was guilty of the Charge in the fecond Article, of maintaining, That the Toleration granted by Law is Unrea- fonahle , and the Allowance of it unwarrantable ; and that He is a Falfe Brother with Relation to God, Religion, or tht Church, who Defends Toleration and Liberty of Confci- ence. That when the Doctor put in his Anfwer to this Article, he had not found out that there was a Toleration granted by Law to the DiiTenteis, but his Council had now found it out, and they did agree, that there is a Toleration granted by Law, and that it is that Indulgence which is contained in the Act, made in the time of the late King and Queen, but they infilled at the fame time, that the Doctor in his Sermon had not condemned or ceni'ui'd that Toleration ; That they fcid ( J29 > faid he had condemnM a Toleration, but in finuated there are two Tolerations mention'd in his Sermon, the one a Tole- ration granted by Law, which he allow'd and approved of; and the other a General Unlimited Toleration, which they ad- mitted he did condemn. That when he (Sir Peter King) made out this Charge, he mention 'd this Caution of the Doctor's, but at the lame time fubmitted it, whether fuch a General Expreflion as that in the 2.0th page of his Sermon was, could fcreen him from other plain Paltages in which he had condemn 'd the Tolera- tion ; That if in other Places he had condemn'd it ; this Caution was but Proteflatio contra Faftwn ; For an oblique Defamation may be as Criminal as a direct one : That in the common Cafes of Scandal, if one obliquely defame another, and defcribe him fo that it is impoflible but every one mult know him, it is no Excufe that he did not politively accufe him ^ fo that tne Queih'on would be, whether the Doctor had not in the other PalTages cited againft him plainly cen- iur'd and condemn'd the Toleration granted by Law. That the firft PaiTage cited out of his Sermon, to prove this Charge upon him was in the 10th Page ; the Words are, So that in all thofe Cafes btfare-mentiorfd, whofoever prefumes to innovate, alter, or mifreprefent any Point in the Articles of the Faith of our Church, ought to be arraign d as a Tray tor to our State \ He- terodoxy in the Dottrines of the one, naturally producing^ and ahnoftnecejfarily inferring Rebellion and High Treafon in the other , and confeauently a Crime that concerns the Civil Magiflrate as much to pwii/J; and rejlrain, as the EcclefiafiicaU That the former Part was relative to what went betore, the latter part was a General AfTertion, that Heterodoxy in the Dottrines of the Church infers Rebellion and High Treafon in the State, Thac the relative part of this Claufe has Relation to the fever at Doctrines mention 'd before, among which, one of the Cafes and Inftances of Falfe Brotherhood is, the affirming that the Divine Jpofiolical Injlitution of Epifcopacy is a novel Doclrine, not fuffciently warranted by Scripture \ whoever aginns this, is guilty of an Innovation or Alteration of the Articles of our Church* That the Diffenters of all forts univerfally hold this Propor- tion, and they are exempted from fubferibing the 36th Arti- cle which alTerts Epifcopacy : But, faid the Doctor, tho' they are exempted, yet whofoever afferts this Proportion, is to be punifj d as a Traitor to the State as well as an Enemy to the Church. That the Learned Civilian of Council for the Dodor faid that the reading the whole Pa iTage would mow that it was not intended for the Dijjenters, but for one in Hcly Orders ; that if fuch an one mould maintain this Do;frine, he would be an Apoflate from his own Order , That this Alkga- I i xion c my tlon Hiras true, as it Hands in p. 8. abfolutely confider'd lit itsfelf, it is there applied to one in Holy Orders ; but as it Hands in relation to this Claufe, in p. 10. it was a General Affertion, that whofoever innovates, or alters that Article of the Churchy which the DilTenters do, ought to be arraigned as a Traitor to the State, Heurg'd, That another A nfwer that had been given here- to, was, that the Doctor there means thofe who are for Inno- vations and Alterations in Matters of Faith, which can't lefpedthe DilTenters or their Toleration, becaufe the DilTen- ters agree with the Church in Matters of Faith, and differ only in Matters of Difcipline. But if they gave this Turri to it, it alters the Senfe and meaning of the Doclor \ for he is notfpeaking here of Matters of Faith, in ContradiftindJ- to Matters of Difcipline ; but he is fpeaking in general of the Articles of Faith of our Church -, whoever prefumes in any of the Cafes beforementioned to innovate, alter , or mifreprefent any Point in the Articles of the Faith of our Church,ought to be arraigned as a Traitor to the State. « Now (added Sir Peter King) what are the Articles of Faith of our Church ? Are they not the thirty * nine Articles ? Are not they the Articles of the Faith and * Religion of the Church ? Doth not the thirty fixth Canon * expreily require the Clergy to fubfcribe willingly, and ex « amnio, that all, and every the Articles of Religion, being * in Number thirty nine, are agreeable to the Word of God ? * Now if the thirty nine Articles be the Articles of Faith < of our Church, and the Diftenters disbelieve the thirty c iixth Article, and if for that Innovation or Alteration « they are to be arraigned as Traitors to the State, what then « is become of the Toleration, that exempts them from Pe~ ' nakies, and from fubfcribing the laid thirty fixth Ar- * tide ? That as to the General Proportion immediately following in the fame Claufe, v'iz4 Heterodoxy in the Doftrine of the one+ naturally producing, arid almofi necejjarily inferring Rebellion and High Treafon in the other, and consequently a Crime that concerns the Civil Magifirate as much to punijlr and reftrain, as the ECcle^ fiajlical : He did not remember that any A nfwer whatfoeVer was given to it by the Doctor or his Council : And he prayed their Lordfhips to call their Eyes on this, and fee here was an ArHrmation,that any different Opinion in any of the A ticks of the Church is a Crime agaivjl the State. Now all the DilTenters are ex-' empted by the Act of Toleration from fubfcribing three Articles and an half, others from four and an half, and others from-. allj And when- this Act grants them all theft Exemptions,^ lhall it be aftirm'd that this Heterodoxy allow'd by that Act is High-Treafon and Rebdliony and- that they ought to be ar-"' raign'd O0O fraign'd as Traitors ? He therefore fubmitted to every ones* Judgment, whether any thing can be more plain again ft the Toleration than this. That the next PaCTage cited out of his Sermon, to prove the Charge of the Second Article, was in the itSth and 17th Pa- ges .* viz. What could not be gained by Compr ehenfidn and Tolera- tion, muft be brought about by Moderation and Qccafwnal Confor- mity ; that is, what they could not do by open Violence, they will iiot fail by j'ecret Treachery to accompli]}}, if the Church can t he pulVd down, it may be blown up ^ dud no Matter with theft Men how 'tis dejlroy'd, fo that it is defiroy'd. That here Was an Af- firmation, that Toleration was doing open Violence to the Church, that the Fdlfe Brethren had a Defigh by Toleration to pull down the Church. Now the Anfwer given to' this by one of the Council was what one could fcarce imagine tie was ferious in, viz. That this doth hot fuggeft the Toleration to be unreafonable, or the Allowance of it unwarrantable, but that: it is rather a Commendation of the Toleration, becaufe it fliews that it could not do the Church any Hurt, it could not pull down the Church, and therefore they have found out a more pejlilent JVdy^ of Occajional Conformity and Moderation, But that all that could be collected from hence, is, that Toleration is a lefs fuccejsful Evil than Moderation : Toleration was a lto'rming the Church by Violence, and an endeavouring to pull it down \ but tho'r by the good Providence of God, it had not been ib iuccels- ful an Evil as Moderation, which is a fecret Treachery to undermine the Church, and blow it up, yet it is an Evil i That to fuppbfe the Church to' be either Pull'd down, or Blown up, which way foever it be done, is fo great an Evil, that every Member of the Church mult be for preventing it, and tifing all his Endeavours to prevent both thofe Evils j and therefore to ieprefent Toleration to be fuch an Evil to the Church, as to be doing open Violence to the Church, and- Pulling it down, was an undue Reflexion on the Fathers of the Church, and on that Parliament that granted that Tolera- tion, as if they concurr'd in Endeavours to Pull down the Church, and Deftroy it. That another PalTage, in Page f 4 of the Sermon, was ci- ted by the Council of the other fide," as a PalTage cited by him (Sir Peter King) to make out the Charge againit the Dr„ but herein they miuook, for it was not cited for that Pur- pofe, but to thew that the fit, underitood the Ad of Indul- gence to be a Toler.aion • and the PalTage v>as this j Certain-] iy the Toleration was never intended to indulge, Mi chenjb fuel/ Monjlers and Vipers in our Boffin, that fedtter then Pefiilence 4f Noon- day , and will rend, dijlrhcl and confmnd the prme/l and left fettled Confiitution in the World. iW tie cited this Paf« I i i &2fi fage to iTiew, that the Dr. himfelf, at the Time he Preach'd this Sermon, knew what was meant by the Toleration ^ and it plainly proved it,and the Dr. himfelf did not now difown it ■-> tut as to the Proportion it felf contain'd in that part of his Sermoi^ Sir Peter King agreed with him that the Toleration was not intended, and he hoped would never be made ttfe of, to fupport Atheifm, Deifm, Trhtheifm, or any fuel) Monfters and Vipers, but oixly Dijfenting Protejlants. That the next Paflage he cited was in the 8th Page ; If upon all Oc'cafiom to comply with the Dif enters loth in publick and private Affairs, as Perfons of tender Confcience, and Piety, to pro- mote their Inter efts in El ef lions, to f?teak to them for PI aces } and Preferment, to defend Toleration, and Liberty of Confcience, and Hinder the Pretence of Moderation, to excufe their Separation, and lay the Fault upon the true Sons of the Church, for carrying Matters too high ^ if to court the Fanaticks in private, and to hear 'em with Patience, if not Approbation, rail at and blafpheme the Church, and upon Occafwn to juftific the King's Murder } if to fatter both dead and living in their Vices, and to tell the World y that if they had Wit, and Money enough, they need no Repentance, and that only Fools and Beggars can be damrfd ; if thefex I fay9 aie the modijb and fajhionablc Criterions of a true Churcli-vian, God deliver us from all fuch Falfe Brethren. So that here the Doctor made it one of the Characters of a Falfe Brother to defend Toleration and Liberty of Coiifcience. That the Anfwer given to it was this,That where the Dr. blames thole that defend Toleration, it is not thofe that defend that only and fingly, raid do no other thing, but they mull at the fame Time not only defend Toleration, but excufe the Separation, not by Reafon of the Toleration, but by laying the Fault on the Sons of the Church fot carrying Things too high : He did not blame them that barely juflifie Toleration, unlefs they fall too on the Sons of the Cliu'rch for carrying things too high. That whether or no that Place was capable of fuch an Inter- pretation, their Lord (hips' would be the belt judges, by look- ing on the Place, and confidering whether any two of thofe Characters were to be united in any one Perfon to make him a Falfe Brother. Whether thefe feveral Characters were not fo many different Criterions of Falfe Brotherhood \ if he did defend Toleration and Liberty of Confcience 5 if he did ex- cufe their Separation, and lay the Fault upon the true Sons of the Church ror carrying Matters too high, &V. That they wefe all different Marks of Falfe Brotherhood^ fo that whofocver defends Liberty of Conference and the Toleration ii a Falje Brother. That it was alio anfwer \i, That in the Acl: of Indulgence there are a great many Rerlri'dk>ns, and therefore this Paflage mult ( 133 ) fljuft be underftood of a Toleration of fuch as are not quali- fied by the Act to receive it J and for that end the Ad was read, in which are feveral Reftridions, and the Toleration is not unlimited, but to Perfons under fuch and fuch Quali- ficationSjConforming themfelves to the Rules there laid down, 4 But what Foundation ffaid Sir Peter King) is there for this * Anfwer in the Paflage its felf ? Doth not he there condemn 4 Toleration generally, doth not an Univerfal indefinite Pro- 4 pofition include all manner of Toleration, whether general * or fpecial ? If he had meant it in this retrained Senfe, he * fhould then have exprefs'd himfelf, that he that defends 4 Toleration, except fuch Toleration as is allow 'd by Law, * is a Falfe Brother ; but not doing fo, but exprefling it ge- 4 nerally, it is plain that he has condemn 'd that Toleration * that is granted by Law, and it is fubmitted to your Lor d- * fhips that this is a plain Proof againft him of this Article. ,That the next Paflage was that relating to the Perfidiouf- mfs of Archbilhop Grindall, in deluding Queen Elizabeth to the Toleration of the Genevian Difcipline \ that the Dr. in his Anfwer did conceive he had good Authority from Hiftory to make out that Jjfertiont but whether he had or no, he did appreheiul that fuch Jffertion was no Proof of his maintaining or fuggejling, that the prefenc Legal Toleration was wireafonable, or the Mow- once of it unwarrantable. To this Sir Peter King replied, that in making out the Charge, he did agree with the Dr. That whether he was, or was not miftaken in that Fad, was not the material Point in queilion \ but that he had put it on the right Queilion, Whether that Affertion, true or falfe, relating to Archbilhop Grindall, was a Condemnation of the Toleration now granted by Law \ to that, Sir Peter King prin- cipally applied liimfelf to fhow that that Fad, as flated by the Dr. was a Cenfure of the Toleration } not forgetting at the fame time to fay fomething in Vindication of the Memo- ry of that great Prelate. But that now, the Dodor's Coun- cil in their Defence, had, in a great meafure, quitted the true Point that the Dr. rightly put it upon in his Anfwer, and iriftead of endeavouring to lhew that this is no Reflection on the Toleration, had rather endeavoured to lhew, * That * this fad of the Archbilhop is true ; That the Reafon of his 4 Difgrace was for deluding the Queen to the Toleration of 4 the Genevian Difcipline, and for giving up the Dilcipline 4 of the Church : That at that time there was no Law to 4 indulge any Separation from the Church, and therefore for 4 the Head of the Church, under the Queen, to give up 4 Difcipline of the Church, was an High Crime in 'him ; and 4 tho1 it be an harih Term, yet it was true to'cai ?er- 1 fidious Prelate, and Falfe Son of th: Chu . Ill - < ( 134 ) End they did produce and read two Letters, the one frorya Queen Elizabeth to the Bifhops throughout England for fup- preffing the Exereife called Vrophfying, and the other of the Archbifhop to the Council; and out.of thefe %wo they faid there is Proof out of the Archbifhop's own Mouth, that the jReafon why he was under a SufpenfLon, was for deluding Her ^lajefly to permit a Toleration of the Genevian Difcipline, and that he acknowledged the Juflice of ; his Punifhment for that Crime ; And they farther aggravated it, that it would be an invidious Refle&ion on the Character of that Glorious Queen, tjiat me ihould caufe an Archbifhop to be Suspended for Profecuting Julio the Italian for having two "Wives, or for hot giving up the Palace of Lambeth to the Earl of Lei-* eefler j a:> if Sir Peter King had infinuated, or could haye ima- gined, that the apparent viiible Reafon of the Diigrace of the Archbifhop, were thefe things j that the apparent viiible Caufe of Grind all's Difgrace, was, no doubt, the encouraging of the Exercife called Prophefyivg, and Queen Elizabeth knew no other ; but yet the real Spring, the iecret liiflory, and true Realon, was the Artifice of the Earl of Leicejier, who had the greater! Power and Credit at that time with the Q. That the good Archbifhop had, by his Profecution of Julio the Italian Phyfician, and by his Refufal to alienate Lambeth % offended this great Earl, who thereupon meditated Revenge againlt him j and knowing the Archbifhop to be a great fa- vourer and Promoter of the Exerciies called Prophefyi ng j, which were far from being Conventicles^ or parts of me Genevian Difcipline,, he mifreprefented thefe to the Queen, and by thofe means incens'd her ; but thefe Mifreprelentations had not been, if the Archbifhop had not firit incens'd Lcicejler in. the forementioned two Particulars • that to make this out to be the. Fail-, he defired their Lordfhips Patience ivhilft he re- ter'd to one or twe> -Hiilories of good Credit : Fuller, in the ninth Book of his Ecclefiaftical Hiitory, p. 1 .30. after he hath recited a long Letter of GrindalPs to the Queen about this matter, thus Concludes 5 Alas ! all in vain j Leiceiler had fo . fill d Her Majejly's Ears with Complaints aga'vnfl him, there was no room to receive his Petition. Indeed Leicelier cafi a covetous Eye on Lambeth Houfe, all edging as good 4rgumeJl(s for his obtaining thereof \as ever woe urg'd by Ahdb for .NabothY Vineyard ; now Grindall, tho* generally condemned for RemiJJ'ncfs in this kind (parting with woic from his Seey than ever his 6uc- tejfbvs thank . d him /or) fiautly opposed the alienating of this his principal ralace] and made the Leiceihian Party to malice him. He urged, that this is as exprels an Account as can be, that, this was one of the fecret Springs of that Profecution : And aj for the other, That he earned on the Profecution againit ... 'Juliot ( »3S) Julio, that was taken nojtice of by the fame Author in Page 163 , and by Camden in his Jiiftory of Queen Elizabeth, and other Authors ; fo that the true i'ecret Reafon of GnvdaWs Di (grace, was not for Jojerajting the Qcnevian Difcipline : And indeed it would be a Paradox, that the Earl or Lcicejlcr, who was the great Patron an^l Support of the Puritans, fbouli tun down this Archbifhop for encouraging of Puritanifpi \ which fhew'd plainly there was Come otjier |leafon : And it was no Reflection on Queen Elizabeth, that me was deceiv'd by the Milreprefentation of a Perfon on whom me entirely reli- ed : For Princes are not exempt frorn the common Frailties of Human Nature, and may be imps' d on by thofe whom they mofi trujl. * But, ("my Lords, added he) without cpnfidering the latent « Caufes of his Difgrace, let us confider the yjfibie Caufe, 4 which was known only to Queen Elizabeth $ Do the Lexers * which they have produc'd prove, that the Archbifhop fufr 4 fered for deluding the Queen to the Toleration of the pene- 1 vian Difcipline ? it appears thereby, that Queen Elizabeth « was difplealed at thole Exercifes called Prophefyings, which 4 the Archbifhop encouraged and favoured , but it is a great 4 Miftake to think that thofe Prophefyings were Conventicles 4 or Aifemblies of Puritans ; they were really Meetings of * the Parochial Clergy of the CburchofENQLJND, which 4 fince have been called Confer encesyto improve one another in f the expounding of the Scriptures j tlie manner of thefe pro- f phefyings was this, the Minhlers within each Archdeacon - f ry, or fome other Precinct, met on fome Week-day in the f molt noted place in that Precinft ; fome ancient grave Mi- * niiter, appointed by the Bifhop did preiide ; then every « Min liter lucceffively, the youngelt ilill beginning, did han- 4 die fome Text of Scripture, fhewing the Senfe of the Place, f the Propriety of the Words, the Diverfity of Interpretation, f the Virtues In joined, and the Vices Prohibited j no Lay- * man was ever iuifered to fpeak, nor any Clergyman, unlefs * firft Licenfed by the Bifhop : This was that which they 4 call'd ' Prophefying, and continued about two Hours, and * then the Concluhon was with a Prayer for the Queen and 4 all Eitates, as is appointed by the Bopk of Common-Prayer, 4 and a Pfalm. ' Now can any one think this was an Encou- 4 ragement of the Qenevian Difcipline } Can this be called 4 the Holding of Conventi.cles,oi Receding from the Difcipline 4 of the Church? Nothing like it; though, if it were, it 4 appears by' the Letters that he did not delude the Queen to 4 encourage the Genevan Difcipline, No , if this was the 4 Genevian Difcipline, the Queen would not be deluded by 4 him 3 and becaufe hf would not obey the Que^n. in fup- i I 4 4 prel- (isO preffing thefe Prophecywgs, this was the apparent Catife ot * his Difgrace. '&> That as to the Letter, becaufe it is faid the Archbiihop owns his Crime; how does he do it ? I can't deny, lays he, but that 1 have been Commanded, both by the ghieeifs Majejly her felf and alfo by divers of your Honourable Lordfbips in her Name, to fuppr efs all thofe Exercffes within my Province that are commonly called Propbefies. That he did not deny the Queen had given him that Command, or that he did not comply with it : £ut% faith he, I do protefl before God, the Judge of all Hearts, that I did not of any Stubbornnefs or Wilfulnefs refufe to accomphfh the fame, but only upon Confcience : And goes on and fhews the Reafons on which that Confcience was founded. That he denied it not out of Stubbornnefs or Difobedience, but out cf a Perfwafion of Confcience, becaufe he found it profitable and ufeful to the Church. But how did he behave himfelf under this I And vehereas, fays he, I have fuflained the Rejhaint of my Liberty, and Sequeftration of my Junj diction, now by the fpace of fix Months, lam fo far from repining thereat ■, or think- ing my felf injuriously or hardly dealt withal therein at Her Ma- jefly^s Hands, that I do thankfully embrace, and frankly, with all Humility, acknowledge her Princely, Gracious, and rare Clemency zoward vie, who having Authority and Power to have ufed greater and fv ay per Severity againfi mc, and for good Policy and Example thinking it fo expedient, hath, notwithstanding, dealt fo merci- fully, mildly and gently with me. What Language more becoming a Grave Prelate could be ufed ? He patiently fubmitted to Her Majefty's Authority, neither Murmuring nor Obuinate ; but there being a Supe- rior Obligation of Confcience, which it was not in the Pow- er of any Man to difpenfe with, he thought himfelf obliged, as a true Example to all Clergymen and others, to fubmit to the Dictates of his Confcience, but 1 till with Patience, Galm- nefs and Obedience. ' Is there, continued he, any thing in this that looks like * giving up the Intereits of the Church ? .Not only this good * Aichbifhop, but feveral others of the bell: Biihops of thofe * Times, had thofe Exercifes in their Diocefes, and concurr'd * with him in the Encouragement of them. And can it be c thought that thofe Bifhops, who were Exiles in Queen Ma- 6 ry's Time, and were afterwards the Happy and Glorious * Instruments under God in fettling the Liturgy and the & Articles of the Church, were for giving up the Eitabliih- * ment oi the Church, by introducing that whicti is now * inhnuated to be the Gcnevian Difcipline I But thofe Bi- * fhops then thought it f'was a likely way to make an honelr, * learned, and laborious Clergy. Is there any thing in this ♦ to * to occafion the calling him a perfidious Prelate ? A perfidious * Man is he that violates his Conscience to obtain a Temporal * End ; but he chofe to lofe the Queen's Favour, rather than * part with a Good Confcience. That he never found that Archbilhop Grindall was ever fpoke hardly of by any Evglijb Divine of Credit, 'till the Time of Archbilhop Laud ; and then, to Extol Archbilhop Land for an active, zealous Prelate, it became the Fafhion to run down his PredecelTor, Abbot, as a remifs Man, to Court the prefent Archbilhop by detracting from the Memory of the laft $ and to carry on the Compliment, a Parallel was made between Archbilhop Grindall and his Succeflbr Whitgift. That he only mention'd this, to fhew that for a long time the Memory of that good Archbilhop was had in Elteem, and that he was always look'd upon as a principal Father of the Reformation of the Church, before this Time. But that the main Point was, Whether or no the Doctor's Reprefentation of Archbilhop Grindall, as a Falfe Son of the Church, and a perfidious Prelate for doing what he laid to his Charge ; and, Whether his Commendation of Queen Elizabeth, for the Re- folution flie took to Supprefs the DiiTenters, and for her Prudence in exercihng Wholefome Severities on them, where- by the Crown fat eaiie on her Head, be a Cenfure or Con- demnation of the prefent Tolerarion. That as to this, the Council for the Doctor firit faid, That in Queen Elizabeth's, Time Schifm was in its Infancy, the Number of DiJJ "enters were but few, and therefore the exercifivg of Severities at that time was Ifholefome, becaufe it might have crujb'd them in their Beginning, and prevented the growing Encroachments of thofe Perfons ^ but at tiie time when the Act of Toleration was made, the Dijfen~ ters were Increafed, and were PojpJJors of great Property, audit was reafonable to grant them a Toleration, for it might be a Di- fiurbance to the State to exercife thofe Severities upon them, which might have beenfafely done 'in the Time of ghteen Elizabeth, when Schifm was in its Infancy, and their Numbers few : And thence they inferr'd, that what was ipoke of the Toleration then, cant be applied to the Toleration now. That fuppoiing the Fact to be true, then it follows that the Jultice and Rea- i'onablenefs of the prefent Toleration depends only on the Strength and Number of the DiiTenters : When they are llrong and numerous, then they are to be tolerated and per- mitted j but when their Numbers decreaie, and it mail be alledg'd that they are but few, then tney are to be cruih'd, and tne Jfijolefome Severities are to be renewed upon them a- gain j frotwithltandrng the Preamble of the Bui to prevent Occaiional Conformity , which lays, That Perf edition for Confcience only, is directly contrvy to the Prof ejjhn cf the Chrifi i Religion, and particularly to tfo Vo&rhuof the Church of Eng- land, C »38) landi,and that the JB of Toleration ought to be inviolably preferveZ. TJrging,that if it ought to be inviolably preferved,then, whe- ther the Diffenters in England be mote or lefs, they ought to be Tolerated. That this brought to his Mind the memorable Edict that was Publiih'd by the French King for reverfing the Edict of Nants, in OBober 1685. the Preamble of which Edict recites, c That by reafonof the great Troubles and 4 Wars occaiion'd by thofe of the Reformed Religion, his * Grandfather Henry the Fourth had given them Liberty by c the Edict of Nants, retaining notwithstanding a Defign of * bringing all back again to the Romifb Church ; and his Fa- c ther and himfelf had had all along the fame Defign, and that * in his Time the beic and greateit part of the Proteftants f were Converted to the Catholick Faith, and that by reafon c thereof the Execution of that Edict was become of no * ufe ; and therefore, entirely to wipe out the Memory of * thofe Troubles and Confufions which the Protectants had * occaiion'd , he thereby Revok'd that Edict. Adding, Miy it not be faid in this Cafe, that in Queen Elizabeths Time, becaufe the Number of Diffenters were few, therefore thofe Severities were good ; and that when the Toleration Act was made, there were greater Numbers, and therefore thofe Severities were then fit to be taken away ; but now the Diffenters are but few again, therefore it may be fit to return to thofe Severities again. That another Anfwer that had been given was,' That inQueei\ « Elizabeth's Time there was no Toleration eitablifh'd by Law, * and all the Doctor aim'd at was to excite the Magilirates * to put the Laws in Execution againft fuch Offenders as are * not Exempted by the Toleration Act. But he fubmitted to their Lordihips whether the Words are capable of that Interpretation. That here is a Commendation of the Piety and Zeal of Queen Elizabeth, who refolv'd entirely to fup- prefs the Diffenters, and fhe in her Prudence put thofe whole* fame Severities in Execution. What thofe wholefome Severities were their Lordfhips had been told \ they were Hanging, burning, Jh juration, Confif cation, Imprifoumew, Lofs of EJlate, Liberty and Life, That he faid no more of them, but he believed there was not one Perfon there, but if thefe Seve- nties were to be inflicted on him, would be far from think- ing them wholefome, and deftre to be excus'd from them. That he would not be thought in any thing to reflect on the Memory of that Glorious Queen, who was fo eminent an Initrument of God, to deliver this Kingdom from Popery, and from the Power of Spain, and to fettle the Proteilant Religion among us ; but it mult be confefs'd, there were thefe Blemifhes in her Reign, permitted by God's Providence 1 ;• »- •■• i'ot C 139 ) for Wife Ends and Purpofes ^ and this mould raife our Gra- titude to Almighty God, and our Thanks to Her prefent Majefty, whoi> Reign hath exceeded Her PredeceiTor's, Queen Elizabeth, without being checquer'd with any of thofe Spots or Stains j and as Queen Elizabeth preferv'd this Kingdom from the Monarchy of Spaiu, fo Her Majefty had preferv'd us from the united Power of France and Spain, been the Terror of Her Enemies abroad, whilit at the fame time (he has, with Univerfal Clemency and Juitice cherihYd, and protected all Her Subjects at Home ; and as by thefe Means fhe had engag'd in the ilrongeft Affection the Hearts of all Her People, fo no doubt they would always continue to retain the ftricleft Duty to a Queen, who had been fo uni- verfally good to all Her Subjects. That the laftpart of the Charge was, that the Doilor ajferts it is the Duty of Superior Paftors to tlmnder out their Ecclefiaft\cal Anathema* s againft Perfons entituled to the Benefit of the Tolera- tion, and infolently aares or dtfies any Power on Earth to reverfe fuch Sentences. That one of the Council faid, that the thun- dring out thofe Anathema? s is no more than declaring the Judgments of God denounced in Scripture againft the WickedneFs of Men ; and that he defires the Suptiior Paftors to denounce them, becaufe the greater the Authority of the Per f on denouncing them is, the greater Infuence they will have on the Minds of the People, But that the Anathemas he excites them to, are Ecclefiaftical Ana- thema's, which are plainly gcclejiaftical Cenfures and Excom- munications. That it was faid, Tnat this ExprefTion is ty'd up only to thofe Anathema's and Sentences that are ratify M in Heaven, which they laid no Power on Earth can reverfe. That he mould not enter into that Queftion, whether this is a Proportion HricHy juft in Divinity : All he fhould fay as to that was this, that all who have wrote the higheit of the Power of the Keys, allow and maintain that there is a double Power, a Power of remitting as well as retaining, of loofing as well as of binding, of opening as well as of ihut- ling, both exercis'd by tne Church on Earth. That if the Superior Pallor has for good Caufe bound or ihut any Pei- fon out of the Church, that Sentence is ratify'd in Heaven ; but yet notwithstanding, if that Perfon, fo cenfur'd, re- forms and amends, and the Church on Earth rellore him a- gain, the firft Sentence, tho' ratify'd in Heaven, is vacated and done away by the Church's Power on Earth. * But that tnis was not the Matter now before your Lordfhips; the Queition being, whether Do&or Sacheverell excited the Supe- rior Pallors ot the Church to thunder out their Anathema's againfl Perfons that are entituled to the Toleration ; and fce thought that he did fo was own'd by hia Council ; for they ( 14© ) tfcey faid, that Schifm doth expofe a Man to the Cenfures of the Church, that the Diffenters were Schifmaticks before the Act of Toleration, and that that A& don't excufe the Schifm, and therefore remain Schifmaticks ftill, they are fiiil liable to the Cenfures of the Church. That he did a- gree with the Doctor, that the Act of Toleration hath made no Alteration as to the Sin of Schifm } if the Diffenters •were Schifmaticks before the Toleration, they are Schilma- ticks itill ; and taking that for granted, then here is the Force of the Doctor's Argument ; The Diffenters were Schif- maticks before the Act of Toleration ; as they were Schifma- ticks before, fo they are Schifmaticks frill ; it is the Duty of all Superior Pallors to thunder out their Anathema's againft Schilmaticks , when they thunder out thofe Anathema's, they are ratify'd in Heaven } whatever is ratify d in Heaven no Power on Earth can reverie ^ therefore, tho' the Diffen- ters be exempted from Humane Penalties by the Toleration Ad, and are thereby preferv'd in the Free Exercife of their Religion and Confciences ; yet notwithilanding that, Let the Superior Paftors do their Duty, and tlmnder out their Anathe- ma's againft them, and let any Power on Earth reverfe thofe Ana- thema's if they can. Now, faid Sir Peter King in the Conclu- g lion, can there be a more plain, pofitive and direel: Proof * of this part of the Article, than this is > Can any thing * be a clearer Evidence to prove this laft part of the Charge * againi-t him, That he Suggefls and Maintains that it is the Duty cf Superior Paftors to thunder out their Ecclefiajlical Ana- thema*s againft Perfons ent'ituled to the Benefit of the Toleration A&> and that he infolently Dares or Defies any Power on Earth to Reverfe fuch Sentences ? .My Lords, This is what I have to offer by way of Reply j there is a Gentleman to come after me, who will amply fup- ply what I have omitted, and therefore I fhall not trouble your Lordlhips any further. After this Speech, which was received with great Applaufe, the Lords adjourned to theif Houle above. M* C t#i ) The next Day being the loth of March, and the Tenth of the Try at , their Lordfhips came down again into Weftminfter-Hall, and the Commons, and their Managers, having taken their Places, and Her Majejly being prefent9 the Lord-Chancellor told the Gentlemen-Ma- nagers, that they might proceed in their Reply. March 10. Mr. Cowper'j Spe ech, and Reply to the Doctor s Defence to the Second Article. HEreupon Mr. Cowper faid, That when by Command of the Commons, he fpoke to their Lordfhips a few Days before in Maintenance of the Second Article, towards the Conchifion of what he then faid , he prefented to their Lordfhips a fhort View of what he apprehended they mght reafonably expeft would be the Confequence of the Doftor's bitter Inveftives againft the Aft of Toleration, and the Perfons intended to be protected by it. That he likewife took Notice of thofe Heats and Difputes, of the Feuds and Animofities, which were then apparently fttrred up through- out the Kingdom. That he was forry to have fo early an Occaiion to lay, that his Apprehenfions in this Particular were fo well grounded : Their Lordfnips had feen, that this [editions Libel, under the fpecious Title of a Sermon, calculated to feduceand delude the Rabble, had, even during the Con- tinuance of the Tryal, produced an attual Rebellion ; in which feveral Places of religious Worfhip ^appointed for thofe Per- fons, who are by Law tolerated and allowed, but have the Misfortune neverthelefs to be reprefented by Doftor Sadie- verell as necelTary to be deitroyed) had been accordingly pul- led down and burnt, in Defiance of the Supreme Power of the Kingdom ; and this, at the Infligation of cue who would he thought an Advocate for Pajive Obedience. That he could wilh the Prisoner's indifcieet Behaviour (which feem'd to have abufed the Liberty with which their Lordfhips had indulged himj might not unhappily have given fome Occa- fion to the Outrage and Violence of late committed, not- withftanding the Apology he had made in this Particular. That fure he was, that Difcord which flamed in the King- dom ( hO dbrn was unheard of among us, until the Toleration was thus publickly and feditioufiy branded, until Doctor Sache- verell had prefumed to reprefent it to the People, it was im- pollible to lay how ! without referring to his whole Libel. That his Council had obferved, that the fecond Article Contains feveral Charges, and had infilled that the PaiTages given in Evidence by tire Commons^ were not furHcient to maintain the firft and fecond; and as to the third and fourth; they feem d rather to juftifie than deny thole Branches of the Charge. That the Commons apprehended, not with Handing what had been faid, Firit, That Doctor Sacheverell had plain- ly fuggeited and maintained, That the Toleration granted to l)ijfenters is unreafonable, and the Allowance of it unwarrantable. That they infilled he had done this, not in ambiguous or doubtful Words, nor in unceiuin Expreflions, but in di- rect, and pofltive AiTertions. That the Council admitted, That to fpeak againlt a Law in being cannot be juftified : }now the Act of Toleration is not only a Law in being, but is a Law which has vifibly attained the End for which it was made \ that is to fay, by giving Eafe to fcrupdous Covfci- ences in the Exercife of Religion, it has p>oved an ejfeSual Means to unite Her Majefiy's Proteflam Subjetls in Inter ejl and Jffeftion. Yet, this Law, which by the Expeiience of more than Twenty Years, had been found 16 ufeful and neceiTary,- had been traduced and arraigned by the Pritoner, both from the Pulpit, and the Prefs, with a malicious and ft- ditious Piirpofet to deitroy the Publick Peace and Security of the Kingdom. That this Offence was of too high a Nature to be juftified by the Prifoner and his Council, and therefore it was thought more expedient to deny it, by faying, that Doctor Sacheverell affirm'd nothing touching Legal Indulgence or Tole- ration, but all that he had faid reipects only Vniverfal Tole- ration, That he fMr. Confer) thought, he had obviated this Excufe, by obferving that this Notion of Vniverfal Tole- iatiou had been conceived and brought forth iince the Im- peachment. That however he was willing to enter into the Queftion, whether the Toleration mentioned in the Libel, jwas intended or could be understood of Lniverfal Tolera- tion. Vide Scrmo?!. Fol, 34. That their Lordfhips would find thefe Words: Nay, now they have advanced themf elves, fiom the religious Liberty our Gracious Sovereign has indulged them, to claim a Civil Right, as they .term it, and to jujlle the Church out of her EJlablijhnient, by boiflwg their Toleration into its Place, i My ( »43 ) * My Lords, added he, Will any Man deviate fo far from * Senfe, as to fay, that the Doftor here meant Univerfal To- * leration, in the Senfe the Doftor and his Council have de~ * fined it f Is Univerfal Toleration a Religious Liberty, * with which our Gracious Sovereign hath indulged her * Subjects ? Nay, my Lords, have not every one of triemar- * gued, and that rightly, that the Doctor's Univerfal Tole- * ration is not tolerated by Law ? That Atheiits, Deiils, * Tritheifts, Socinianifls, and thofe who go to no Religious * Place of Worfhip, are not exempted from the former Penal- * ties ? How then is it poffible the Doctor fnould be under- * flood, as fpeaking of Univerfal Toleration in this PafTage? * Is not this diredly and pofitively affirmed of the Tolerati- 4 on* with which the DilTenters are indulged by our Graci- ous Sovereign ? Can your Lord (hips conceive, the DiiTen- 4 ters are not the Perfons intended, when he lays they claim a * Civil Right, as they term it, to jujllethe Church out of her E~ * Jlabtijhment, by hoifting their Toleration into its Place? Again, * Folio zj. tl)ey thrive upon ConceJJions, take PermiJJbu for 1 Power, and advance Toleration into an Eftablifament. * Pray, my Lords, what ConcefTions have been made to * Perfons not within the Benefit of the Ad: of Tolera- * tion ? What Permiflion is it they can be faid to take * for Power ? What Toleration have they to advance into aa « Eftablifbment > That, Folio 14, and in many other Places, their Lordfhips could not but fee that all the Doctor's Spleen was levell'd at the Legal Indulgence or Toleration, fo that it was mifpend- ing their Time, to prove, what it is impoffible not to be con- vinc'd of, upon reading every PaiTage in the Libel, where Toleration is but fo much as mentioned. That the next Thing they urged in the Doctor's Defence was^ That if his Expreflions did relate to the Legal Indulgence or Toleration, they were fo dubious and uncertain, that nothing could be inferr'd from them, without Innuendo's and forcM Conftru- &ions. That now the Question was, Whether Doclor Sachc~ verelVs Expreflions relating to the Toleration, and the Per- fons indulged , were dubious and uncertain I Whether any Innuendo or forc'd Conflrn&ion was neceiTary to demonftrate their Malignity ? That their Lord (hips would be pleafed to remember, that the Council, fiom the firit to the laft, main- tained very itrenuouily (as did the Doctor likevvife in his Speech,) that alrho' the Act of Toleration exempts the Dif- fenters from Penalties, yet they remain Schilmaticks ; foT, laid they, Diffention was Schifm before the Statute, and a bare Exemption from a Penalty has not altered the Cafe, but £he fame remains Schifm flill ; and this Pofnioo, was agree- able ( >44) able to the Do&or's Opinior is deliver'd in his Sermon, with this Addition only, that all Schifm and Separation is a dam- nable Sin, without making any Allowance for Ignorance, or Prejudice of Education. That his Words are thefe, Folio 8, Is this the Sprit and Do&iine of our Holy Mother? To affect Se- paration from her Communion to be no Schifm, or if it is, that Schifm is no damnable Sin. That when he obferved in this and other PafTages what Spirit this Man was of, he won- der'd not to find, that the moll ChrilJan Virtues of Charity and Moderation were memion'd by him with Slight and Contempt. That Folio z$, their Lordfhips would find him citing a PalTage from St. Paul's Epiille to the Galatians, chap. 2. after which he adds thefe Words : If our Diffenters, fays he, had lived in thofe Times, they would have branded him (i- e. St. Paul) for an intemperate, hot, furious Zealot, that wanted to It' fweetved by the gentle Spirit of Charity and Moderation for- ; fooih ! 4 My Lords, faid Mr. Cowper, If our DilTenters had * live'd in thofe Days, they would have been highly to * blame, if they had branded the Apoftle with thofe op- * j>robrious Names ^ whoever perufes that Chapter, will c find there is not the lead Occafion for it. But Doctor * Sacheverell would willingly have St. Paul thought like « himfelf. He added , He could not take upon him to fay what the Difi* fenters would have faid, had they lived in St. Paul's Days: But for his own part, he could not forbear faying now, That fmce it appeared to be the Doctor's Opinion that all Separa- tes are Schifmaticks, and that all Schifmaticks are damned, he could not but think that Doctor Sacheverell wants to be fweetned by that ridiculed Spirit of Charity and Moderation* That he was amazed to hear this Gentleman in his Speech affirm, that he had not betiayed any want of Chriftian Modera- tion in his Sermon : That he wifh'd he had not been unmindful even of ChriOianity it feif, when it was ^o apparent that in this ihort Sentence, and in the PalTage ( Folio zq.) he had fentenced to Eternal Damnation, not only the Diffenters ofwhat- foever Denomination, but thofe alfo who defend the Tolera- tion. That it was to be hoped, fome Things which he had vowed and faid for himfelf in his Defence, may have more of Truth in them than this has. But that to return j the Doctor and his Council were agreed that all DilTenters were Schifmaticks 3 confequently when he fpoke of Schifm and Schifmaticks he mult mean the DilTenters ; and then he deli- red the Lords, to judge if the Doctor's LxprelTions touching the Toleration, and the DilTenters, could be faid to be dubi- ous ; On the contrary, whether they were not plain, poli- tive and certain ? Tli3t before lie euter'd into this Matter, he ( «45 ) he could not but take Notice again of that remarkable Paf~ fage (Fol. 16 and 17.) What could not he gained by Folaatiw, muft be brought about by Occafional Conformity ; that is, what they could not do by open Violence, they will not fail by fecret Trea- thery to accompliJJ}. If the Church cant be pulVd down, it may be Mown up ; and no matter with thefe Men how it is deftroyed, fo it is deftroyed. That here is a direct AiTertion that the Tolera- tion is downright open Violence, and Occafional Conformi- ty fecret Treachery 5 An Affertion, that altho' the Tolera- tion has not been able to anfwer the End for which it was defigned, (i. e.) to- pull down the Church, yet Occafional Conformity may blow it up ? For what Conlhuftion can thefe Words admit of, viz. No Matter with thefe Men bow it is deftroyed, fo it is defiroyed f What Men are here intended ? Even Dijfenters and Occafional Confer- mijls. Is this Parage, faid he, doubtful and ambiguous? Is here any Occafion for a fore'd Conitru&ion, or an Innuen- do ? My Lords, 'tis molt fcandaloujly plain, and as plainly fe- ditious. That their Lordfhips had obferved, that neither the Do- ctor, or any of his Council, (one only excepted) had taken the leaft Notice, in their Anfwer, of this Paffage • which was produced and given in Evidence againft him, and twice at leait mentioned by the Managers. That he wonder'd the Author wou'd not vouchfafe to explain it. Is not, added he, this Silence a ConfefTion, of his Guilt /, That the Council that did mention it, was pleafed to fay, that it rather commended the Toleration, than found Fault with it; as if it was fome Credit to the Toleration, w hie lit was intended to pul} down and deilroy the Church, that it had not done it. Ir> what Humour that Anfwer was made, to fo high and. Criminal a. Charge, he knew not: The Com- mons might reasonably have expeded a more ferious Anfwer £ But, from hence they concluded that no Anfwer could be given to it. That again fFolio 10) the Doctor affirms, That whoever pre- fumes to Alter or innovate any Point hi the Articles of the Faith of our Church,, ought to be arraigned as a traitor to the State ; Hete- rodoxy in the. Doctrines of the one, naturally producing, and at- moji necejfafily inferring Rebellion and High-Treafon in the other 0 and conjequently a Crime that concerns as much the Civil Magi- Jlrate to piinift? and refrain, as the EccleftafticaL Then he goes on, and adds, This JJfertion at firft View may look like an high- ■fown Paradox. — • He own'd, at frrft View it look'o to him fomething like it, and I was not yet convinced but it was fo. For, faid he,: are not the Diftentels Heterodox in Kk Opinion* ( *4* ) Opinion* pehenfion and Union of the Church and Diflentersj and. giving , a great many hard Names to it ; which Defign their Lord- It k 4 ihips ( 152 ) ihips knew had its rife from a Commiflien under the Great Seal from his late Majeity to feveral Lords, Bifhqps, and other Learned Divines, who were to coniider of proper Methods to accomplim it j But the Dr. thank" d God, that Pro- vidence had blafied the long frojefted Scheme of thefe Ecclefiaflical Jchitopdls, with other fcurrilous Reflexions on the Defign, and thofe concerned in it ^ and then he faid, That fince thii Model of 'tinker fal Liberty and Coalition failed, and thefe Falft 'Br e then coiild not carry the Conventicle into the Church, they are novo refolved to bring the Church into the Conventicle, which will wore flaufibly and ply effeB her Ruin } what could not be gained by Cbmprehenfion and Toleration, muft be brought about by Moderation and Occafional Conformity \ that is, what they could not do by open Violence, they will not fail by fecret Treache- ry to accompiifiu If the Church carft be pulVd down, it may be blown up ; and no matter with thefe Men how *tis Dejlroyedy fo that it is Deftroyed. Now pray, my Lords, added he, where is the forced Con- ftru&ion to make the Dr. in this PaiTage fpeak of Perfons in Church and State who endanger the Church, and pot of Books and Pamphlets, Vice, Infidelity, &c. : That he is on his fecond general Head of the Perils of Fal fe Brethren in Church and State, and of thofe Perfons who could not ac- complifh the Defiructicn of the Church by the Comprehenfi- on, but were doing it another way, by Occafional Conformity and Moderation • that he did not know that either of thefe are condemned by the Law for Vice, Infidelity, Blafphemy, Here fie or Prophanenefs j but be that as it will, 'tis from the Perfons in Church and State the Danger is fuggefted to arife, and who, as the Dr. was pleafed to fay, make ufe of thefe only as means to blow up and deltroy the Church i But then Mr. Thomson fuppcs'd, thefe Perfons in the Church mult be interpreted to be only the moft Inferior, and fo no Refleft-ion on tjie Adminiftration : For as Men of Characters and Stations in the State were conflrued to be Conflahles, Ex- cife-men, and Cuftom-houfe Officers, fo thefe Perfons who were to bring about the Comprehension, and are now blowing up and undermining the Church in another manner, mult be Church^ Wardens, Parijb-Clerks and Sextons : Which foTt of Conitru- clions by the Doctors Learned Council, were fo eafie and na- tural, that he muft agree with his Obfervation, that they have not much Jignment, Learning or Eloquence to fupport them. That he could not but obferve a very extraoidmary Me- thod of anfweiing this PafTage and the next, by one of the Learned Council, who was pleafed to Cite two other Para- ges, in the Sermon, which were never mentioned by him, of any of the Managers of this Article, and with very ltrenuaus i ; Zeal (153) Zeal he explain'd triofe Paflages by chiming in with the Dri in charging Occafional Confonnifts with Jtheifm, Dc'ifm, an$ the worjl of Crimes } and then he concluded, that the Dr. in thofe Paflages he cited, had not averted the Church to oe in Danger under Her Majefty's Adminiftration, but not one Syllable, to this Paflage which Mr. Thomson cited in Page the 1 6th. That the third place he troubled their Lordihips with, was in the 18th Page :, his Words are, « Falihood always implies • Treachery, and whether that is a Qualification for any one • to be trufted,efpecially with the Guardianfhip of our Church • or Crown, let our Governors confider : that thefe Words fpeak fo plainly they need no Comment, nor had they (the Doftoi and his CouncilJ offer'd at any Explanation of them ; they mult relate to Perfons, and can have no reference to Books or Pamphlets, Blafphemies or Herefies, gfr. by any Conftruction whatever. That the fourth Paflage, was in Page the 20th ; where the Dr. is talking of Dangers from National Sins, which are oc- cafioned by Diffenters and Falfe Brethren, and then he fays, And now are we under no Danger in thefe deplorable Circumftan- cei ? Mujl we lull our/elves under this fad Repofe, and infuch a fiupid lethatgick Security embrace out Ruin ? / pray God we may \>e out of Danger , but we may remember the King's Per/on was Voted to be fo, at the fame time that his Murderers were confu- ting his Death, That the Subitance of the Charge in this Paf- fage, is an Intention to reflect on the Members who Voted the Omrch to be out of Danger, by the Comparifon and Allu- lion to the Vote relating to the King \ that the Meaning feem'd evidently, that tho' the King was Voted to be out of Danger, yet he was not out of Danger :, and fo, tho' the Church was Voted out of Danger, yet the Church was then and is iUll in Danger : But whether he meant it of the Mem- bers that pafled that Vote, was the queftion j that he faid, he only meant it according to his Notion cf that Vote of the King, that thofe not privy to the Defign againft him Voted him fafe, whilft others confpired his Murther ; fo when the Members Voted the Church of ENGL JND to be in no danger under Her Majeiiy's Adminiftration, it was nqne of them, but others that were confpiring her Rujn. That the Dr. was pleafed to fay too. That that Vote was a Year and half before the King's Death, and that there were not a tenth part of thofe Members who Voted the King fafe, the reft being turned out, and no Houfe of Lords : But be that as it will, they were the fame Parliament that Voted the King out of Danger ^ and they that confpired his Death,were part of thofe who Voted him fafe3 and who turned out the reft reft to accomplish their Defigns : And tho' the Parallel fhould not run fo as to reflect on both Houfes of Parliament and all the Members, yet if it glanced at fome of them, and was fo intended, it was a Circurnftance of Aggravation, and that was the only Intent of its being part of the Article ; and he could not but think the Dr. was apprehenfive or fome Refle- ction of that kind, for he faid immediately the very next words, That he topes what he has fo freely fpokeu will not give Offence : If he had not a view to that Vote of the Danger of the Church, there was no occafion for that Apology. That the fifth and lair place he troubled their Lordfhips with, was in the la ft Page, where there were fome Pathetic cal Expreffions which the Dr. chofe out of the Scripture, and managed them with others of his own, fo as to reprefent the Church to be in the utmoft Peril ; he mentions nothing of Vice, Blafphemy or Infidelity, But that jbe lies Bleeding of the Wounds Jbe has received in the Houfe of her Friends : He cited the Lamentations for it, but there. being nofuch Text there, Mr. Jhompfon took the liberty of faying it was a Lamentation of his own making. That he fhould not trouble their Lord- fhips any more as to this Particular, but that he was in fome meafure obiig'd to vindicate himfelf from what one of the learned Council hinted upon this Occafion ; that he was pleafed to fay in the Defence to the firit Article, he was as much at a lof's to find out a Paflage in the Sermon, as one of the Managers was to find the Text in the Lamentations. That -tho' this was but a Trifle to the thing in Queiiion be- fore their Lordfhips, yet fmce that Learned Gentleman was pleafed to Triumph, as if he had him fure and unanswerable on this Point, he beg'd their Lordfhips Indulgence that it might appear which of them was in the right. That the Dr. having cited that Text to be in the 2d Lam 4th,he look- ed through the Lamentations^ therefore knew he might ven- ture to fay what lie did ; that he had looked over it again, and was lure there is no fuch Text there ; that it gave him occafion to read and reflecl on the other Texts cited by the Pr. in the Prophecy of Zachaiiah, the 15th Chapter, where there are fome Words that he fuppofe were meant, tho* I could not but obferve the Dr. to be very unhappy in the Choice of his Scripture, this as well as others being dire&ly contrary to his Purpofe. That the Words cited are in the 6th Verfe, the two preceding Verles explain them j the fubjeel Matter was falfe Prophecy. In the 4th Verfe 'tis laid, ltjball come to pafs in that Day, that the Prophet Jh all be ajbamed9 every one of his Vijion, when he has P)opbeJied. In the $th Verfe^ the Prophet is to deny that he is a Prophet, and fays he is a, Husbandman, and no FtopLet, And in the 6th Verfe he is asked (155) asked where he received his Wounds, he anfwers, in t1& Houfe of his Friends : So that he retains the Character of a . falfe Prcphet all along, and what he fays in each Verfe is equally true, and confequently that the Wounds he received were not in the Houfe of his Friends, That whatever might be thought of the Do£tor in this Matter, Mr. Thomffon thought he might conclude, that his Learned Council had his Scripture by hear-fay, or elfe he would not have trium- phed when he had fo little Reafon. That there was a Dif- pute, not many Years fince, between two Learned Divines of our Church, about the Rights of the Convocation ; one infulted the other for his Ignorance in the Common -Prayer- Book*, but upon Examination it appear'd, that he who tri- umph'd mod was molt ignorant of what he charged on the other : Whether this Cafe is not fomewhat Applicable, he fubmitted to their Lordihips. That having done with the fcveral Tallages made ufe of to maintain this Article, he thought he might fay the Charge contained in it, (That the Doctor alTerts the Church to be in Danger, not only gene- rally, or fo as to be meant from Vice, Infidelity, Schifm or Herelies, Blafphemy or Prophanenefs, but from and under Her Majeity's Adminiftration,) was not only affirmed, but ftrongly proved. That he was not charged here with i'peak- ing contrary to his Words, or with Negative Crimes, nor was his Silence, as he was pleafed to fay, made Criminal. That he mult now beg leave to obfeive a little on the Evi- dence produced on the Doctor's Behalf, and in his Defence to this Article. That their Lordihips had a Collection of many fcandalous Books and Pamphlets, drawn from Obfcurity to be republffid to the Jfanld, for the more effectual fuppreiling Blafphemy and Prophanenefs : And fince the Doctor's Coun- cil forbore to mention the Particulars, he mould not enter into them ; only in general he thought he might fay, that they had been provea to be no way material to what was in Jiiue before their Lordihips : But it might not be improper to take notice, that moll of thefe Books appear 'd to have floln into the World, and the Authors itill concealed ; fome of them Printed in Holland ieventeen Years before, and others Publilh'd fince the Doctor's Sermon : And for the Obfervators, and Rigitts of the Chrijlian Qmrcb, 'twas well known the Au- thor of one, and Publilher of the other had been Prdtecuted \ fo that thefe could not be faid to be tolerated with Impuni- ty, nor meant as the Provocation for the Dodor's Cenfure. That he was lorry there were any of thefe prophane and im- pious Pamphlets : That there were fome others too, that had been publilh'd within thefe feventeen Years, which might have been taken notice of, but he dia not find them in the Do- ctor !s are f 16* ) are not Falfe Brethren. This is the wretched Shift he is dri- ven to, taking it the beft for him. That thefe CharaBers and Stations relate both to Church and State, ail his Difcourfe hi the Places cited, and every where elfe, Ihews \ nor has he or his Council made it an Objection that they do not ; fo that it would be very much milpcnding your Lordihips Time, to go to prove, what is not de?iyyd, that by Men of Characters and Stations, he intends Men of Characters and Stations in Church and State. The two Proportions being thus cleared, let us fee if that$ which is laid hold of to declaim fo earnestly upon; have any more weight in it, that is, the joyning together thefe two dijlant Proportions. The Obje&ion, rightly itated, is this : He has in one Place affirmed of all Falfe Brethren in general i " That they do in themfelves weaken, undermine and be- " tray, and put it in the Power of others, who are profeffed " Enemies, to overturn and dellroy the Conititution and E- " itablifhment ; And feven Pages off, has reprefented Men of Charattos and Stations as Falfe Brethren: And we (very un- reafonably!) have charged him with fuggefting, u That " there are Men of Characters and Stations in Church and " State, who are Falfe Brethren, and do in themfelves " weaken, undermine and betray, and do incourage and put u it in the Power of others who are profeffed Enemies, to c' overturn and deitroy the Conititution and Eitablifhment. This is the true Strength of the Objetlion, and the \tiy flat ing it expofes it. The general Mi] chief he mentions, as common to all Falfe Brethren, Pag. is, I prefume will be admitted to belong to thofe defcribed, Pag. 7 5 why then not as well to thofe, Pag. 22 ? Miiit not What is faid of all Falfe Bre- thren, extend both to thofe whofe Crime he defcribes; and to thofe whofe Malignity for that Crime he expofes ? And which is molt to be regarded, the Dijlance of the Place, or the Con- nexion of the Scheme, and the Nature of the Propofitions ? The Doctor himfelf feems rather to prefs the Objection thus, That this is Inference, and joining independent Propofitions * which, though fpoke by him in general, the Unanimity of his Council in falling upon this Part of what I faid, ihew, it was fpoke principally^ with a View to thefe two Pajfagesi Are then Pajfa- ges that fpeak of all Falfe Brethren, and that fpeaj< of fame particular Falfe Brethren independent? My Lords, Thefe are fo far from being independent, and lb ill have they chofen out, what to find Fault with, tiiat (if your Lordfhips will pardon the Pedantry, confidering I have a Man of Logick and Difpu^ ration to deal with) the two Propofitions are the two Propo- l'tions of a Syllogi/m concluding in the firfi Figure. And tne lnfeyev.ee he complains of, is the Conrtujiyn neee-ffarily arifing L I froirt ( t6i ) from them, according to the Rules of Lqgick. The whole Syllogifm runs thus. All Falfe Brethren do in thenifelves weaken, undermine, and letray, and do encourage and put it in the Power of others who are profefs'd Enemies, to overturn and deftroy the Conjlitutionand EJlablifbment. Perlbns of Characters and Stations are Falfe Brethren. Therefore Perfons of Characters and Stations do, &c. Sir Thomas urg'd, that the two firft Proportions are what ha' had fhewn the Doctor plainly to lay down ; the other only a meceffary Conference. Then faid he, would any one expert that- the Doctor fliouid be fo forgetful of the Rules of Logick, as when he had laid down the Primifes, to deny the Conclupn ? or to deny the Conclufion to be his Dotlrine, who laid down thofe Prmifesi Can it be thought, that he laid them down without an Intention that his Hearers fhould make the Con- clufion ? or could he think it pofjihle they fhould not make it ? Or fnall the fupprefjing a Conclufion fo plainly arifing, which is taken Notice of in lbme that write of Logick as an Elegance in Difcourfe, pafs for an Excufe ? . That let the Doctor defcribe Falfe Brethren in general as Betrayers and heflroyers of the Church, and the proper Ohjecls of the Rage and Fury of the People, and then cxpofe as Falfe Brethren thofe in the Mmimjtration, Perfons of Characters and Stations, from the chief to the leafl, the People would quickly make the Application, That if any one fhould inflame the Mob to fuch a Degree of jnge and mijlaken Zeal, as to forget the Spirit of the Gofpel, and to believe it their Duty, to fervd Cod by breaking the puhlick Peace, and to fupport his Churchy by pulling down all Meeting Houfes, and rifling the Houfes of all DiifenteTs ; he needs afterwards only to tell them,< THIS IS A MEETING HOUSE, HERE LIVETH A DIS- SENTER, they are not fo dull as to fail of making the Con- dition: THEREFORE THIS HOUSE IS TO BE PULL1> DOWN, THEREFORE THIS MAN IS TO BE PLUN- DERED, and of putting it immediately in Execution, where tbxy dare. That fuppofe fuch a Man fnould, in Defence of himfelf, fay, w I did not bid them pull down this Houje, nor " rifle that\ my telling them All Meeting Houfes were to n be pull'd down, All Diffenters to be marked and plundered,- " was four Months before I told them THIS WAS A .* MEETINGHOUSE, OR THAT MAN A DISSENTER,* * and to carry hack a Man's Words Ipoke only by way of JJEEN and Her ADMINISTRATION odious to the People* Shall it then be an Excufe for the Doitor here, when he has laid down the Premifes, to fay, that he lias not in Words ex- preffed the Concliifion ? Shall the vieanefl of the People, clearly: and rightly collect this is Doctor SacheverelVs Dotfrine ; and fnall not we in accufing, and your Lordflnps in judging^ be a.U lowed to collect it, when we are endeavouring to preferve the ^iieeh and Conflitution, and all that is dear to us I SureT ly, my Lords, we (hall. Kor is the flriFc Consequence that your Loidinips find in this Cfaufe, always necejfary in Cafes of this Mature I But I was willing to (hew it here,' that your Lordfhips may fee, with what Juflice this was made the great Topick, whereupon to declaim againft Ifardfiips, and to couple fuch Inferences with Innuendo's, as if both were the fame. • ■ i : .... That as for taking one Part of one Sentence and another Part of another, whoever makes & Concliifion in Logick ever does it -r and only then does amifs in it, when in doing it he departs from the proper Rule, and. where the Conference is not juft ; which he hid Jherin was not the Cafe here, and no Body had attempted to make out that it was. That 'twas as little to the Purpofe what was faid,. that he had not retrain- ed ^this to Perfons of the Higheft Characlers and Stations^ which Sir Thomas Parker fhew'd fo fully before, that it had been thought more advifable to pretend he admitted, what he believed he plainly difprov'd, than to offer any Anfwer to his Reafons. That he fhould only add, that 'twas not pretended * that there is one Word in the Sermon that looks like the leafi Hint, that only inferior Officers were meant 5 and 'twas plain- ly fiewn, that others were intended: And then the Doctor's Excufe amounted, at heft* but to this. s He has, indeed * fpoke in reproachful Terms of Magiflratts in general ', he has s. pointed to thofe that have, and thofe that befiow, the Ho~ * noiivs of the Church, and P laces and deferments in the State ^ * he has pointed to the Chiefs his Reafonivg, when he ihews { the Malignity of the Sin from Examples of Perfons of Char a- \flers and Stations is the fironger, the Cfriiitki thefe Perfons %, are, as the Examples of the Gnat eft are the moil Contagious \ * but yet he relies upon it, that hnce the general Mention ot * Perfons of Characlers and Stations takes in the Meaneft as I 1 2 well * well as the gre ateft, 'tis not to be doubted but the att-dif^ ' doming People, efpecially when fufficiently fir'd and enrag d7 * will reft} am the Words to the molt innocent Meaning, and 1 apply them only to inferior Officers, Constables, and thofe in ' the neareft Degrees to them. This, added he, is the Sum of this notable Excufe. Let this therefore, where, by bend- ing their united Force againft it, they teemed to have the great eft Hopes of making fome ImpreJJion, ferve for the Speci- men chofen by themf elves, of the Hardjhips of Inferences and In- nuendoes in this Cha ge. That the third Claufe, " That he chargeth Her Majefty, ** and thofe \n Authority under Her, with a general Male-Admi- " niftration ; The firlt, That he fuggefts that Her Majefty's Ad- " minftration both in Ecclefiaftical and Civil Affairs, tends to ** the Deftruclion of the Conftitution ; are fo maviftft, that after what had been faid, ana was unanfwer^d, it would be butlo- fing time to attempt to make them more plain. .Nor were their Defence, and the Eooks and Pamphlets read on this Head, to the Purpofe. For fure, the (hewing that there have been fome Paltry Scr'iblers, few in number, many long lince dead, fome mad, fome that had undergone the infamous Pu- nilhment of the Pillory, molt of them profecuted or unknown, did not piove, that there are Seminaries for the open Profejjion of thofe Blafphnnies and Impieties, much lei?, that they are fufered by the Government, or that their Follies can be called an open Violence upon the Church, or their Faults made the general Character or the Nation, and charged upon the Queen and Her Adrn'miftraiion. That when zfcandaiow Book is pub- lished, or contagious Sin committed* any Subject who has a real Zeal to prevent the MiJ chief Jpreading, may apply to the proper Afagijhate to fupprels it} and if inferior Magiitrates neglect their Duty, may carry the Complaint, agaimi them and it, to their Superiors: But is it to be endir/d, in any e<- itablilhed Government $ that a Man f i/i over all the Alagift*ates and make an Appeal to the People, not only againit the Offen- ders, but againlt the Alagift rates too? That this is properly Fa- tlion, this is invading the Royal Authority j 'tis, in the Doctor's own Words, u A rebellious- Appeal to the People as the Dernier " Rcfort of fuftice and Dominion, 'tis wetting a popular Tribu- nal, where not only SoibUis, but the Qiteen and Her Autho-* rity are to be try'd. That the Doctor indeed pretended that his Zeal was only againit thole Offenders, and iuch as keep not within the Bounds of the Toleration Act; that his Warmth of Speech, was only to ftir up the Magiftrates to put theL■- c pocrify for Hypocnjy ; and hnce He is got upon the Stage, 6 VA2\\ M his Part, and be hijs'd off when lie has done. Su> ti 6 a W.i'fi Came do .our Projectors Elay, they Barter and bet < ay c- their Friends, only to fell themfehes Slaves into the Hanus. H of their Enemies, who ihall treat tuem with more Infolence^ ^.Oifdar.i ( i«7 ) * Bifkin and Tyranny, than honeft Men do with Scorn, and ' Contempt, if they don't go the whole Lengths of their Party, ■* ftick at nothing, tho' never fo impious, and abiurd, and run ' from one Extream to a quite Contrary. Thus fi#fe thus bafe, * thusodious, thus ontemptible, thus fervile, nay thus execrable * is the Traytor, and Double-Dealer in the Sight, not only of * all Ixmeft Men, but the moit prof efs'd Knaves, and Hypocrites* * Who cannot but have a Trtn'r Regard, and Feneration for a *. Man oi'Steadinefs and Probity, that upon all Occafions is m;e * to himfelf and his Gxm/^, and crucifies his c £o?j tf/>e/& j and as it ///^j a Man ™ii 0/" Shame, generally ' without a miraculous Converfion leaves him incapable cf Repentance, and both damns him fore, and hereafter \ and as he c/jo/1* it in this World, appoints him in the next, his For- /ia7z with Hjpoa ites, and Unbelievers, with all Lyars, that havs 1 their Part in the Lake which burns with Fire and £rimftone,\\rhh the Grandfather of Faljbood, the Devil and his Angels. And < fo here we leave our Falfe Biethreii, in the Company they al- * ways keep Correfpondence with. To go on : faid Sir Thomas, is that true, that he only calls; upon the Magijhates for Juftice upon thefe Offenders ? If his Intent really were to exhort the Magiitrates, before wbvvr J& Preached, to put the Laws in Execution, one would expect to find it vehemently preffed under the fourth Head, where he undertakes to Ihew what fhould be the Refult of all • but I have fearched carefully, and can find nothing there, nor any where elfe, of any fuch Exhortation. There is indeed a Cal- ling upon the Paftors of the Church, who were not prefent, to, thunder out Anathema.'' s againft Schifm j which could npt be to perfwade thole Paftors that did not hear him, but to- conatnni their 'Remijfnefs to the People that did* $11 1 all the reft is to, f 168 J> the People, to adhere to the Fundamental Principles, to w^cS flgtfftA MARKAND AVOID, thofe that defert them * to give Place, BY SUBJ ECTION, wo not an hour • to defpife freaking fivffling COMPLIANCES, and put on their BRAVES T Refolutions which the PRESENT Cafe required ; there, is a denouncing Woe. to the fearful Heart and faint Hands, a (hewing the Perils and low Eftate of the Church, that her Sons defer ted her, that fbe lay bleed nig of her Wounds, that her Adversaries were CHIEF, and her Enemies AT THAT TIME proffered. Is this the Language of one that *s only, laying before Magistrates the Abu'fes of a few, inferior ferfons, within their Power, fubjecl: to their Authority, and whom they could eafily cnsffj, and dejiring thofe Magiftrates to corrett them i In ihort, is it calling upon the Magiftrates, or upon the People, for Jujlice ? - , Again : He folemnly declares his Meaning in the Sermon to ^iave been, that the Dangers of the Church are only fuch as a- life from the Sins of the Nation, but not in the leaft from Her Mayfly and Her Adminifti ation. Let any one cart his Eye up- on the Sermon, or upon the Dedication of that Preach'd at T)erhy% and try how the feveral Exprefjions fuit this Scheme, and he wiii fee the Dr. had nothing of it in view then, but that 'tis cotitrivd ,fmce, for him to pretend now. Sir Thomas urg'd, that what Dangers of the Church and Conftitution he meant in the Sermon, was too plain xo be ftnftcd off by a Protestation ;' for he tells expreily what they are, and from whom } from Men; whom he defcribes as being in the Adminiftr ation, who under- mine and betray the Church, and enable others to deftwy it ; they are fuch as fte apprehends, not from the Hands of God, but from the Treachery and Violence of Men. That accordingly, the' whole tends, to fiir up Anger, Indignation and Fury againit thofe Men, not to move, Humiliation and Prayers to God to avert thofe impending Judgments. But poffibly he might expect to be underftood, not of an immediate Vengeance of God, or his delivering us into the Hands of a foreign Enemy, but his per-* fitting wicked Men at home to overthrow the Church. That if we take it to be to \ this folenm Proteftation is a mere J&am fion, and zfhifting the Queftion, That. 'tis true, the Overthrow of the Church mid Conjtitution is the heavieft Judgment, can be- fall us, and if it does happen, mult be accounted the A3 of Divine Jujlice puniihing us for our Sins, All National Punijb- ments are certainly the more immediate A$s of the Juftice of Providence ; and. the Inftruments made ufe of to bring them a-. bout, are very often wicked Men, That the Prcphane Writers, ihz Atheifts, the Abufers of 'the Toleration, the Viilifiers of Holy Orders, of the Churcb,?uid of ' Chriftianity, and other wicked Men, p^ay have given great Provocations to Almighty God, and if he- Should fhould fay fo great as might give juft Caufe to fear a Judgment Upon us, that may endanger the Church and Conftitution, yet ftill the ghiefl ion was, what Hands were about to execute this Judgment upon us ; that they charg'd the Dr. as representing theChurch in Danger under Her Majejly's AdnriniJlration,2LS Sugge- sting that Her Majejly's Adminiftration,in Church and Statejciids to the Deftruftion of the Conftitution ; and conSequently,that the Hands of thofe in the Jdminiftration are about to execute Such Judgment • And he Solemnly protejled he apprehended no Dan- ger but from God. That this was trifling ; for every Such Danger is from God, and his Judgment, whoever they be, whethei Her Majefly, and Her Miniflry, or any others, that immediately bring it upon us. That this therefore, inftead of unfwering, was evading, and diverting their Lordlhips View from the Perfons he charged to be working the Ruin of the Church, to God the Supreme Director and Over-ruler of all the Anions and Defigns of Men. As if the Reflection on the Queen and Her Adminijlration were the lefs for faying, that they are the Infirumcnts in the Hand of God to f course the Na- tion for its Sins, and to execute his Vengeance in overthrowing the Church and Conjlitution, So that he was afraid this part of his Solemn Proteitation was either falfe, or evajive, or both. That as to what he (Sir Thomas Parker) offer'd to their Lordlhips on the Claufe of keeping up Diftinfiion of Faftions and Parties ; he defired to add the weight of one Authority out of the excellent Sermon Preach'd by the molt Reverend Prelate my Lord Archbilhop of fork, and produced by the Doctor : that the words were thefe : ' They are Factious, they are ' Setteis up and Abettors of Parties, who endeavour to de- * itroy, or unSettle, or diSparage,or in the lealt hurt or weak- * en the Government and the Laws as they are eltablifn'd \ let the Principles on whkh they go, or the Pretences they make, be what they will. And whether the Dr. had not en- deavoured in the highelt Degree to Difparage the Government, and confequently to weaken it, their Lordlhips would judge. As to the other ClauSes, continued l>e, they have offered ve- ry little, and I will not repeat what I Said before. Only I would take notice,that under the Head of Jlirring up to Arms, fomethirig was urged by the Council, in relation to what I laid upon Some Texts of Scripture, but So intirely vrijtaking my Meaning, that I think my Self unconcerned therein, • As for perveuing Scripture : The Council would feem to pretend Something or other to be the Mijlake of the Printer, without Saying where the Miftake is, or how they would have it read. I'll tell your Lordlhips what the Mijlake is, it is Piinting the Second Chapter of Lamentations iuitead of the firir, and mifplacing the References to Lamentations and Za± cLviah, which I Scorned to take advantage of, and in what ( 170) I laid, rectified. But this ferv'd for a Shew of an Excufe* They laid fomething more on this Head, but not to what was rny Objection ^ but promifed the Doctor fhould clear all. My Lords, I think I might reafonably here put an end to the Trouble I am giving your Lordfhips ^ but that I apprehend fome things which fell from the Doctor, and which have not fallen in my way already, may be proper to be taken notice of, fofar as concerns what is within my Province. I own, his Speech was extremely well Compos'd, fitted not fo much to inform, ('his Cafe would not bear thatj as to move ( where- in his flopes were moft juftly placed ;) not fo much to itate the Queition and clear it, as to divert it j all the plaufible Topicks were labour'dj and all the Arguments that prefs'd hardefl upon Him, and molt requir'd an Anfwer, pafs'd over in Silence -, the whole fram'd to give the PaiTions Mattery over Reafon, and 'to induce a Perfwafion that fo good, io excellent a Man, as he painted himfelf, that has lb many Virtues, fo great Sincerity, fo true a Zeal for Religion, could not be guilty of this Charge, tho' plainly prov'd upon him ; the Protections were ftrong and hearty, and fuch as will read well amongft the People, clear of all thofe qualifying Claufes, that might perhaps have made it fuit better with the Truth of his Cafe, but would have had the Inconveni- ence of giving to the Readers Sufpicion of Guilt \ an agreea- ble Concern for Religion and Virtue ran thro' all, whicliwili always iljrike an Audience, and feems intended to make fome Amends for the Rage, and Fury, and Zeal for Party, in the Sermon. I only wifh, for the Doctor's Sake, the Oompoier had preferv'd a little more Regard as well to what was fit to be faid here, where the Truth of the whole Matter is known, as to what was fit to be faid abroad, and given it a little more Refemblance of the Doctor and his Sermon ^ that he had not calculated fo many parts of it for an Appeal to ^he People, and to obtain their Acquittal upon his own 'Word } and I mult needs fay for my felf, (tho' my liking or diiliking it is of very little Moment) had it had fewer and lefs Solemn Appeals to God Almighty, or more Truth, or I known lefs of the Matter, I mould have lik'd it much better. He begins with making his Order, the Church and Chrijlia- mity to be concern'd in the Caufe j intending it, I prefume, to be underllood abroad as a Charge upon his Acculers, that in his Perfon they arraign all thefe. But I mall not pretend to follow him throughout the whole Speech, only point out fome Fallacies in it. Sir Thomas Parker own'd, That Great Regard is to be had to the Word, much more to the folemu Declaration, much more to the Qafl) of a Clergyman^ when he f «7> ) is free and unlya[s*d. But when he flands in Judgment, when the Rod is over him, when there is only one way open fur Ef- cape from the juft Puniihment due to his Crimes, by pro- ttfiing his Innocence, neither his Word, nor his Declaration^ nor his Ojf/j is to be regarded. That fuch a Method will ac- quit ;vate Re*' puttaticm • or vioft afraid of Cenfuring rhajc which \vd<. uf inri- nitely rue mojl dangerous Confeouenee, if it fhould efcape ««••* CinJwiiU C 172) confuted, That on the contrary, in the cafe of thofe Things which tend to the Overthrow of the Conjl i tut ion, where the Rules and Methods of inferior Courts cannot apply a proper Remedy, their Lordfhips upon the Impeachment of the Com- mons may. Let the Contrivance lye never fo deep, be never fo artfully wrought, when it ftrikes at our All, it would be ah- furd to fay, the Commons may not bring it to the Bar of Ju- itice, and their Lordfhips prevent its dreadful Effects, and give it the Punifhment it deferves : And that without that rower, their Conflitution were weak and precarious. That the Dodor obferved in what manner the Charge a- gainlthim was fuppor ted, not by exprefs Sentences of his, but by Inferences, and jo'ming independent Sentences, fas to that part Sir Thomas Parker had confider'd it already }) and he Feemed to expect, that if he were Guilty of Suggeiting and Maintaining the Things charg'd upon him, the Paffages might as eajily be pointed to in his Sermon, as the Doftrine in thofe he produced, and that hare reading, without a Comment, would con- v\$ him, ;\o, my Lords (continued hej Even Dodor Sacbe- rerell Is not yet arrived at that Pitch, as to Arraign the Go- vemment as dire&ly and openly, as to preach a General Dottrine. This Fall icy feems very grofs. For is it reafonable to think, that a Man that intends to unhinge the Government, to ex- pofe an Adminijlration, to fire the People, to raile Sedition, ihould fpeak direttly and plainly ? No he is to cover his De- iign even from thofe he is to draw in, he is to pretend Zeal for Religion, infinuate himfelf by degrees, not jl>ock his Hear- ers at fir It with a Declaration againlc. a guecn they are fond of\ he mxxii pretend Zeal for Her Majeily, to piefeive their good Opinion of himfelf, while he is doing that which by degrees will alienate their Affections from Her, This he mufi do, tho* there were none to punijk, and to prevent the Darning his own, Hopes of Sttccefs. But when he knows that the Power of the Jdminiftration he is to Revile and Rail at, is over him, and at hand ; that is a farther Reafon fox Caution: There- tore in fuch D'ifcourfes', dark Phrafes are to be iludied, confus*a\ Difcriptions will be frequent, with a perpetual Perplexity of Expreffon, between faying what his Rancour will not let him with -hold, and with-hoiding what his Fear will not let him fpeak out. Schemes of Speech are to be conuiv'd, that have two Meanings • the one more obvious and plain, to have its fullEfieft upon the People-^ and the other (that will occur to no Body elfe) a Referve, to be offered to a Court of Jujlice^ Tins is naturally to be expected in Seditious Difcourfes. But if yemr Lordfhips will pafs this by, which has fpoke infinitely more plain and audacjouily than any other (I believe) that .ever lopublkkly dar'd Authority, your Lordihips may ex- pect C 173 ) peel to fee a »e» Vifcourfe from the Da&or, where Sedition^ that had but a very thinDifguife in this, lhall there have none at all. And this may ferve for an Anfwer to what is urg'd from his zealous Exprejjions for the Queen \ for if the whole Difcourfe have quite another Tendency, it is plain that thofe are only parts of the Blind and Difguife. Sir Thomas faid further, That the Doftor complain 'd, that he was Accufed for what he had omitted, as if done with De- fign, and his Silence was made Criminal. That he was the Per* fon that took Notice of his Omijjions, but did not make them a part of his Charge. Indeed, when he in his Anfwer protefted fas now he did morefolemnly) his Loyalty, he took that Profeffion into Conhderation, as a part of his Defence, which he ought to take notice of. That he had learnt that the bell way to try the Truth orFalllty of Pretenders to Vir- tue or Religion, was by their Fruits. Accordingly he confi- der'd his Management of his Text in this Sermon, how a- greeable it was to fuch Profeflion, and to fee wnat Fruits of Loyalty he could rind there. And their Lordfhips would now apply thofe Obfervations to his folemn Appeal .to God before their Lord mips, that his Intentions in that Sermon were to exert his BEST ENDEAVOUR for the Security of Her Majelty. That he fhew'd their Lordfhips, that he o- mitted the only true Notion of Falfe Brotherhood in State, which took in the Non-Jurors and DilTarTecled, tho' his Text led to it \ that he had omitted to make the proper Ufe of the Doctrine of Fajjive Obedience, which was to prefs Obedience and Submiffion TO HER MAJESTY, tho' the Day and the Do&rine leeaVd both to require it. That he had let up ano- ther Notion of Falfe Brotherhood , which he (Sir Tboma>) fhew'd to be, upon his own Principles wrong. That by thefe he try'd his Pretences, and fhew'd this Behaviour un- accountable, if they were hncere : but if he were at Heart for the Pretender, he made it manifeit that all his Procedure was juft, nay that even his Notion of Falfe Brotherhood was right to him that was of that Mind, and that his Applica- tion of the nrit of Lamentations was exadt and fine upon that Suppofition, which is never to be jultify'd or excus'd on any other. That this he thenprefs'd no farther, than to (hew that his Sermon had in it no Fruits of that Loyalty which he pretended : But he might make a farther Ufe of it vow, as a plain Contradiction to his folemn Declaration. For, added Sir Jljomas Parker, has he pretended to give any Anfwer to this I Was I wrong in my Notion of Falfe Brotherhood* or was he right in his I Has he made that Ufe of Pailive Obe- dience, as to prefs Submiffion to the Queen fiom it ? Has he not let the Non- Jurors efcaps, th»' his. Tex: le4 him to fpeak ( *74 ) fpeak again ft them, and advanced a fa! fc Notion meerly \'j fall foul upon thofetliat jullifie the Refinance in the Revo- lution, and cut off thereby every Colour of Title to the Pretender ; Or does he offer to reconcile that Proceeding \vith his Pretence ? No And then, tho1 bare O million "ivere not a Fault, yet I may now ask, is that OmiiTion con- fident with his Protection of an Intention to exert his belt Endeavour for Security of the Queen f Did he exert, or in- tend to exert his belt Endeavours, that omitted things fo very obvious ? Kay, where does he fhew that he has exerted any fuch Endeavour at all t On the contrary, he has fallen into the Methods us'd, by thofe that are againft Her Ma)eity,: to undermine and weaken her Title, and to difpirage Her Government, and to render it Odious to the People. He Complains, continued Sir Thomas, That frheie he peffes Obcdkv.ce to the £hieen, we fay he means the Pretdider. My Loi ds, It was one of the Omifftons that 1 uigd againlt him in the Manner I have juit mention'd, that he no wheiepreiles Obedience to the Queen. Does he think it had not become him to mew wlieie he did prefs it, if hect.uld < Or what oNsme does he think is to be given to his taking it for grant- ed, that he had done that, which it was expreily charged he had not done, and which he cannot (hew he has ? He feems to complain of fome Expreffions that have been tis'd againit him by the Managers, as not becoming this place, or his Order. My Lords, 1 hope we {hall always demean cur illves with juit Relpecf towards your Lordfhip's. And as to hi. u, he is to eonlider, that there is a wide DifFeience between what a private Man fays of others, much more of his Governors, in Ccnverfation, or in popular Affemblies, and what isfpoke of an accus'd Perfon at his Tryal. In the former Cafe, it is not fit to fpeak ill of them, that which is true \ in the other, the Crime is to be reprefented as it is, and the Perfon is to have no Relped paid him that fhall any way tend to prevent mewing the full Enormity of the Ciin.e in all its tiue Colours j and If any thing has been faid, which otherwife his Oiders would have iecur'd him from \ let him remember that his Crime deprives him, at this time,; of that Protection, where 'tis one Aggravation, that he has abus'd his Holy Function % which it was the Bufinefs of the Malingers, both to lay and to make out.' He Complains that there is no Allowance wade to a Mimjtev \ fehukh'g Vice and In el \igion with Zeal, when he happens there! y fo he ca>ryyd vito an F.xpr fjion not -to ell guarded, _ My Lords," His Zeal- apparently is levell'd more at Per ions than Crimes,' he mentions not Falie Dodrines to confute them, nor the Faults of thole that hear him. that they mav amend them ; ' but C»75) but rails at Perfons abfentto expofe them, and raife thePaffi- ons of his Auditory againft them } his Zeal leads to hunt out Faults, for an occaiion of Complaint ^ to magnifle whatever js amifs, and charge all home upon the Government, depart- ing from the Office of an AmbafTador of the Prince of Peace, and preaching Sedition and Rebellion. And in fuch Cafe, his Orders are fo far from being an Excule that they are an Aggra- vation ; when he, who ought to preach Peace, Long-Suffer- ing, Gentlenefs and Submifllon, foments Divifions, creates Jealoufres, heightens Animofitiesj and difturbs the Govern- ment But where there is a Sermon truly tending to promote Religion and Virtue, God forbid that any incautious ExpreiTI- ons in it, tho' juftly exceptionable, fhould be laid hold as an Occafion to punifh the Preacher j it has not been done, nor, I think, ought to be. Yet when a Minifler prefumes to go cut of his Way, and to meddle with the Government, he ought to be more than ordinarily wary in his Exprellions, fmce his Character gives his Reflections greater Weight and Force with the People, and his Errors will therefore do the greateft Mifchief. And this Man that profeffes to preach Politicks, and laughs at thofe that tell him 'tis his Duty to preach Peace, and is inflaming the People againft their So- vereign, mull not think himfelf intitied to that Favour. Sir Thomas Parker ewn'd he was very well pleas'd to hear the1 Doctor's Declaration in Favour of the Succeflion in the Houfe of Hannover, and his earneft Prayer for perpetuating it: Be- caufe, whenever our Sins fhall be the Occaiion of our lofmg the belt of Queens, the Security of our Religion and Liber- ties for our Pofterity depends upon it. But he a little won- der'd, that the Doctor appeaPd to God, that in this Sermon he had iincere Intentions to exert his beft Endeavours for the Security of the Queen, and the Proteftant Succeffion. He hoped he was hearty for both, but fure, his beft Endeavours for them were not exerted in this Sermon. As for the Queen, he had fpoke already. And as for the Succeflion, he own'd himfelf intirely at a Lofs, in what part of the Sermon it was, that he had exerted any Endeavour at all for the Secu- rity of the Proteftant Succeffion , For he did not find any thing that he apprehended could concern it, except that Place where he ridicul'd the Notion of any Right to the Crown, but an Hereditary Right. That the COUNCIL having in gr.eat meafure declin'd that Head about Wrefting and perverting divers Texts and PaJJ'ages of Holy Scripting and teeming to promife that the Doctor mould gTve Satisfaction therein. He was in great Expectation of his Performance there, but was miferably difappointed, and could not but be in tome Confufion for the Doctor ; tho' he feem'd (i75) feem'd to have intire Satisfaction in himfelf, That his An-* fwer put in before their Lordihips to the Charge of the Com- mons, was throughout evafive and reflecting ; but in this fart of it there was a Mafter-piece of Equivocation and Ma- ice, to avoid either confeffing or denying the Charge, and to caft an Odium on the Commons, as Perfecutors of the Cler- gy. The Words were thefe: ' Hard is the Lot of the Mi- ' niiters of the Gofpel, if when they cite the Word of God ' in their general Exhortations to Piety and Virtue j or in 1 the Reproof of Mens Tranfgreffions, or where they are la- ' menting the Difficulties and Conflicts with which the * Church of Chriit, whilit Militant here on Earth, mult al- * ways llruggle ; the i'everal Texts and PafTages by them ci- 1 ted, mail be laid to have been by them meant of particular 4 Perfons and Things, and mall be confidered in the molt cri- * minal Senfe, and be made by fuch Conitru&ion, one * Ground of an Impeachment for high Crimes and Mifde- * meanors. Thefe, faid Sir Thomasy are the Words of his Anfwer ; and give me Leave to ask, do they deny, or do they confefs the Charge ? Neither But are an Appeal to the Paflions of the People, amongft whom it has been lb induitrioufly and irregularly difpers'd. Yet I dare fay every unwary Reader took the Doctor to have deny'd this Charge, and felt fome Indig- nation againft the Commons for making it. My Lords, He has now come upon hisTryal, he has been charg'd home npou this Head. And permit me to fay, there cannot be a heavier Charge upon a Miniiter of the Gotpel, nor more affecting tcr any one that has not abandon'd all Pretence to Common Ho- neily. Give me Leave to mention fome of thofe folemn Words, wherein a Prieft receives his Orders. " Receive " the Holy GhoJl> for the Office and Work of a Prieft in the " Church of God j and be thou a faithful Difpenfer of the Word " of God , and of his Sacraments, in the Name of the Father , " of the Son, and of the Holy Ghoft. This Crime therefore when committed by a Prieit, is betraying that facred Truft repofed in him with his holy Orders; 'tis forgeing the Au- thority of God, 'tis aiTuming a Superiority over the infpir'd Writers, if not over Him that infpir'd them. The Doclor therefore that is feniible fas he fays^) of the Load of Guilt and Infamy the Charge of the Commons lays upon him, and whereof this is furely the heavieft Part; What does he fay to this ? He fays, if he be guilty he is to anfwer it at ano- ther Tribunal, where he is to be judged by thofe Scriptures. My Lords, So he is to anfwer at that great Tribunal for e- very Branch of this prefent Charge, But is this all ? Is he negligent of his Reputation in no other Inftance but this, Shat ( 1*7 ) that is the tendereft and mofr affecting ? Or will he thus give himfelf up for a Falfifyer of the Word of God, and yet have the Confidence to hope for any Reputation, or any Capacity of doing good in preaching it ? Is it thus the Dignity of the Sacred Order is to be fupported ? Is this the Cauie of the Church, and of Chiiftianity f And are they wound up in the Fate of an Impollor and falfe Prophet ? Pardon the Warmth of the Expreflion ; his not faying a Word to the Charge, owns all this. My Lords, It is true fas the, Doctor has faidj the Sacred Order, the Church and Christianity are con- cerned in this Caufej but 'tis, that they may be clear'd from the Reproach brought upon them by this unhappy Man. But if he be felf-condemned, if he dare not open his Mouth on this. Subject, how dare he declare his Hopes, that thofe.of your Lordfhips, whofe Studies more particularly lead that way, ihould acquit him? My Lords, He has made an Ap- pearance before your Lordfhips in a manner very extraordina- ry, not only as in a Defence of a Profecution, but as in a molt folemn Act of Devotion, before the molt Auguir Judi- cature on Earth, appealing to a yet greater in Heaven. But with what Sincerity ! what Candor.' or what Senfe of that which he has done ! I am amazed, that a Perfon in Holy Or- ders, in his diitinguifhing Habit, before this awful Affem- Wy, Ihould dare to take the tremendous Name of God into his Lips, and appeal to him for the Sincerity and Integrity of his Heart, at that very time when he Hands charg'd With this black Crime, and is neither able to repell it, nor has the Sincerity and Honefty to repent, to take Shame upon himfelf in the moft publick manner, and to ask Pardon of God and the World for it. But while he can thus, with fuch AlTurance as your Lordfhips have feen, and now fee^ race out fuch a Crime, and be equivocating and playing dou- ble with your Lordfhips, with God Almighty, and his own Confcience • what Regard is to be had to his moft fo- lemn Proteftations ? His manifeft Infincerity in this plaint Point, leaves him no Credit in any thing • and his having taken the Abjuration Oath, gives me not the leaft Difficulty, after what I have obferv'd of his more folemn Oath before your Lordfhips. My Lords, faid Serjeant Parker in theCon- clufion, the juft "Veneration we owe to the Divine Majefty, (tor the Do&or's Behaviour has made that now part of the Cafe J the Honour of Chriflianity, the Church and its Holy Orders, the Security of the pretent Eiiablifhment and the Proteftant Succeffion, the Saiety of Her Majeity's Peifon, the t Quiet of Her Government, the Duty we owe to Her as our' Sovereign, the Gratitude for Her molt gracious Adminiilra- tion, the Honour of out Prelates, the Obligations we are tup M an iit ( i?8 ) der to prevent Seditions and Tumults, to undeceive the Pea- pie, to quiet the Minds of the Pfoteftant DiiTenters, and convince them that the Toleration allow'd them by Law is not to be taken away from them, to fecure at prefent, and tranfmit to our Poiterity fas far as in us lyes^) our Religion and Liberties, and vindicate the Revolution (which is the Foundation on which they Hand) arid the Glory of our late Royal Deliverer, to whom under God we ow'd kj and to banifh Sedition from the Pulpit, which is, and ever ought to be facred to Divine Purpofes, Require the Commons to demand your Lordfhips Judgment on this Offender. But, my Lords, he obferves fo far lightly, that his Punifhment is not all we aim at. No, my Lords,— What we expect from your Lordfhips Juflice, is, the Supporting our Eilabliiliment, the preventing all Attempts to lap its Foundation, and answer- ing thofe other great Purpoles I have mentioned i, and I hope^ the Clergy will be initruded, not to preach the Doctrine of SubmiiTion in fuch manner as to prepare the way to Rebelli- on, but to follow the Advice and Example of my Lord Areh- bifhop of Tork, rather than tread in the Steps of Do&or Sa- cbeverell. And we doubt not, but that thole to whom our Proceedings have been fo induitriouily mifrepreiented, will j fee and own the Favour fhewn to this Man, in the manner of the Charge ; and our Care for the Honour of the Church an4 Clergy, in iingiing out for an Example for thefe impious Attempts again!! his Country, Him that now plainly appears the SHAME of his Own Order. Sir Thomas Parker having made an End of his Speech, the Earl of Nottingham fa id, My Lords, 1 deiire your Opinion, whether I may prcpofe a Queition to the judges here. Where- upon the Earl of Sunderland, having moved to adjourn, the Lords adjourned to their Home above, and being, returned, and feated as before, Proclamation was made for Silence. Note, During this Jijonrmnent^ the Lords 071 Delate agreed^, That the ghteflion fioitld he popfed in Weitminlter-Halh Lord Nottingham, My Lords, The Queftion I humbly pro- pofe to your Lordfhips, that my noble Lord on the Wool- lack may propofe to the Reverend judges, is, Whether by the Law of England,- and conltant Practice in all Profeciiti- ons, by Indictment or Information for Crimes and Mifdemea- nordf by Writing or Speaking, the particular Words, fuppo- fed to be Criminal, mult not be expreily fpecifyed in fuch Indictment or Information* Ik* ( *79 ) TBen the Lords were moved to adjourn, and accordingly Hi* journed to the Houfe of Lords ^ and being ;e turned, and feated, as before, and Proclamation made for Silence, the Lord Chancellor faid, I take it, the QuefHon that your Lordfhlps are of Opinion to a^k the Judges for them to give an Anfwer to, is, Whe- ther by the Law of England, and conilant Practice in all Pro- fecutions, by Indittment or Information for Crimes and Mifde- meanors by Writing or Speaking, the particular Words, fup- pofed to be Criminal, mult not be expreily fpeciried in fuch Indictment or Information7. This Quellion being thus put to the Judges^ Mr. Baron Lovett faid, My Lords, I have always taken it to be lo, and by conilant' Experience we have practis'd it fo, that all "Words and Writings, which are fuppofed to be Criminal,; ought to be expreily mentioned iri the information or Indict- ment. Mr. Jujlice Dormer. My Lords, I am of Opinion that by the Laws of England, and conilant Practice in all Profecuti*. ons, by Indictment or Information for Crimes and Mifdemea- nors by Writing or Speaking, the particular Words fuppofed to be Criminal ought to be lpecified in fuch Indictment or Information, in the Courts of JPeftniinJier-HaU. Mr. Baron Bury. My Lords, I am of the fame Opinion tvith my Brothers. Mr. Jujlice Tracy. My Lords, I am of the fame Opinion. Mr. 'Jujlice Gould. My Lords^ I am of the fame Opinion, It is our Practice in the King's Bench, and we fpecifie the Words in the Indictment, or it is Caufe of Demurrer. Mr. Juflice Blencowe. My Lords, I am of the fame Opini- on with my Brothers. Mr. Jujlice Powys. My Lords, I am of the fame Opinion, Mr. Juftice Powell. My Lords, The Law of England is cer- tainly fo. Lord Chief Baron, My Lords, I am of the fame Opinion. Lord Chief- Jujlice Trevor. My Lords, I am of the lame O- pinion, that by the Laws of England the Words ought to be fpecihed in the Indictment or Information. Then the Lords adjourn'd to their Houfe above.f Thofe who were for Punilhing Dr. Sdcheverell were not si- little concerned at this unexpected Difficulty, which feem'd of no lefs Confequenee than to bahle tne wnole Frolecution : But it being Suggelted tnat the Judges had delivered their Opinion?, according to the Rules of ]VeJhninJlei-Hall, not jVI m » according C «86) according to the ufage of Parliament, the Lords, on the nth of March, relum'd the Debate about the Queftion propcfed by the Earl of Nottingham, (the Queen being March nth. prefergj and at lait refolv'd, ' That they Refolution of ' would proceed to 'the Determination of the the Lords. ' Impeachment of Dr. Henry Sechevercll, ac- * cording to the Law of the Land, and the Law and t'fage of parliament ; and appointed a Committee to fearch for Precedents, which they dia accordingly ©n Monday the i ^th of March. March 14. The next day, they Proceeded in the fame Af- fair, and found a Parallel Cafe to Dr. SachevcreWs Impeach- ment, which was that of Dr. Manwaring, in the Reign of King Charles the Firit. Wherein the words for which he itood Impeach'd by the Commons were not expreuy men- tion d in the Articles 5 of which Precedent they made their "Report to the Houfe : And a Debate arifing whether a Que- lfion mould be {fated ? It was propos'd to adjourn the Houfe. Then the Queilron was put, whether the Houfe fhould be now Adjourn'd r Which was refolv'd in the Negative. EHfTentient. R. Ferrers, Buckingham, Chandos, M)htrnhamy Abingdon, Poulet, Osborne, Ormonde, Beaufort, Damuouih, Leimpfler, Conway, Venbeigb, Guernjey, Geo. Bath 8c St aw ell, Jo. Ebor, Wemyfs, Wells j Mar, Berl'Jbixe, Scarborough, Northampton, Howard, Weymouth, Noit.ugham, Berkeley Str. Guilford, Leigh, Rochejter, Willovghh Br. Plymouth, Sujexg. North Sc Grey, )V. Cejhi'ens, Angiefey, Lexington, N. Durejme, Suffolk, H. Loudon, Hamilton., Sca'.Jdale, Hacerpam, Thanet, jerfey, Wefton, Northesk, Too. Rofen. Craven, Leeds, Then after further Debate, the Queftion was put : That by the Law and IJage of Parliaments in Profecutions, ly fmpeachnents for High Crimes and Misdemeanours, by writing tj (peaking, the particular Worts', fv.ppofcd to be Criminal, are not necejjary to be exprefly fpecified ni jveh Impeachments. it was Refoivea in the Affirmative. x DiiTentient. Bucki?igham, Ham. Dartmouth, Tho. Re fen, Jo. Li or, Berkeley Str, Mar, Geo. Bath 8c H. Loudon, Ncrtbtsky . Haverfi.vxy Wells. I, Becaufe I. Eecaufe we conceive the Law of the Land, is as much the Rule of Judicature,as it is in Inferiour Courts of Juftice ; and lince by the Opinion of all the Judges, in all Proiecuti- ons by Information or Indictment, for writing or fpeaki!ig,tlie pan;cular Words fuppofed to be Criminal, mult be expieliy ipecitied in fuch Information or Indictment.} and that this is the Law of the Land confirmed by conftant Practice, we conceive, that there is the fame Reafon, and Juitice, for fpecifying in Impeachments, the particular Words fuppofed to be Criminal ^ for otherwife a Perfon who is Innocent, and Safe by the Law out' of Parliament, may neverthelefs be condemned in Parliament. For we conceive, That fome Reafons of Law and Juilice, why the Words fuppofed Criminal mult be fpecified in Infor- mations and Indictments may be, that the Party accufed may cci tainly know his Charge, and be thereby enabled to defend his Innocence, that the Jury may know it too, and be ena- bled thereby the better to apply the Evidence given by the Witneffes, to the Matter of fuch Charge, and that the jud- ges themfelves may the better judge of the Nature of the Crime, and of a Punifhment Adequate to it, which in Cafes of Mifdemeanours, which are Indefinite and Innumerable, mult extremely vary, according to the heinoufnefs of the Offence ; and finally, That the Houfe of Lords, upon Complaint tq them, may alfo Judge, whether the Fine, which is ufualiy one of the Punifhments for Mifdemeanours, do not exceed the Demerit, efpecially fince by the Bill of Rights, exorbi- tant Fines are declaregl to be Illegal, which Reafons feem to be fully as itrong in the Cafe of Impeachments, S As in Indicl- 4 ments and Informations , for the particular Words are as *■ neceflary to enable the Lords, to determine uprightly and c impartially, as the Jury or Judges, and as neceifary for the' 1 Defence of the accufed here, as in the Courts below ^ and * if there were to be a Difference, it feems more neceuVary in 4 this High Court : For the weightier the Profecution is, the ' more need has an unfortunate Man of Indulgence, and all * lawful Favour • and furely there cannot be an heavier Load c upon Man, than an Accufat/ion by all the Commons of < Britain. I. ' We da not Remember any Precedent infilled on for the ' maintenance of this Refolution, fave only the Cafe of Dr. 6 JlLmwarivg, which we conceive could not warrant this Re-. * folution : For, Firlt, the Words charged upon hi.m by the c Commons Declaration, were not compared with the Set- * mons tho' it was delired, and confequeutly, no Lord could; * fay, they were not the Woras of the Sermansy and theretbiQ M. m > \ upon ( 18a ) c upon fuch Uncertainty, we conceive we could not ground * a Pofitive Refolution. II; The Charge upon him taken out of his Sermon, on the 4th of May 1618. Seems to be the very Words by him fpo- ien ; tor they were attefied by Ear WitnefTes, who furely never were, or could be admitted to atteft their own Ccnje* clures of the Scope of a Seimon • and not fpecify the very Words \ for that would be to make the WitnefTes' to be the Judges. Beiides in fuch a Cafe as this \ where the Party did not infill upon any Legal and juft Exceptions,of which he might have taken Advantage \ if he had made his Defence, which he did not, but Submitted, and- begged Pardon, this ought not to be looked upon as a Precedent for Authority to Juili- he the Illegality, of the Form of that Impeachment. III. But altho', this Precedent were full and Exprefs to the Point Refolved \ we humbly Conceive that one Precedent is not Sufficient to Support a Law and Cuftom of Parliament, nor Confequently a Refolution declaring it \ for furely there is great difference between a iingle Inliance, and a Law and Cuitom. IV. Since we Conceive that in all the Precedents, at lead that have appeared to us for Four hundred Years, ot the Pro-^ fecutions in Parliament, the Particular Words charged as Criminal, have been Conftantly expreffed in the Article, ox pdclarations of Impeachment. * Exiliutn Hugduk de Spencer Patris cSf Filii \ Edw. 2. The Firil: Article was for making a Bill in Writing, the Tenor whereof, was particularly Set forth. William de la Pool 6. Art. 28 Hen, 6, was for words Spoken by him, in the Council in the Star-Chamber, (Viz,) That He faid,he had a Place m the Council- Houfe of the French King, as he had here, and was as well truiled as he was here, and could remove from the French King, the Privieft Man of his Council, it he would. Lord Finch, The Opinions, he delivered are fet forth in Iac Valay as alfo the times when he delivered them. 1640. Art, 4, 5. . Another Opinion delivered by him in the Exchequer Cham- ber, and Weltern Circuit, is fet down in his Exprefs Words, An. 7. Dr. Cofens, He is Charged with Words delivered iji a Sermon at Dur~ hamyihe Words were thefe, The Reformers, &c. 1640. Art, H» * Vid. This Cale at large in Sir Simon Harcourfs Speech, in the Tryal. Ch»- ( i83) Charges him with Words in like manner, the Words were thefe, the King, &c. Aft, 19. 1641. Berkley. The Words charged upon him, are Exprefly mentioned. Art, 1. 4, 5, 6, That he Subfcribed an Opinion in h&c Verba, which are fpecirled. The matter therein charged, tho' of Record was Copied aiiu Lieuvered with the Articles. The Words fpoken and the Place Exprefly fet faith. Art.yfi* Judge Crawley. For Subfcribing and giving Opinions fet forth in h&c Ver- ba. 1 641. Art. 1. z. 37. Herbert. For Exhibiting of Articles againlt the Five Members,which Articles follow in thefe Words, &c. 1641. Thirteen Biihops Impeached for Making and Promulging in 1640. Several Conititutions and Canons, contrary T,o the King's Prerogative, grV. 1641. They demurred becaufe the Charge was General, but Re- ceded from this Demurr, becaufe it appeared to be particular. E. Strafford ExpreiTes the Words fpoken by him, and the time. 164J- Art. 1. 20. 2,1, 22, 25, 24, 25, 27. Exprefs the very Words fpoke by him, 26. is in like manner, with an Inuendooi his mean- ing. Art. 4. Arcb-£iJbop Laud. 10. Exprefs the Words fpoken by Him. 1642. Art'. 1, 4. 12. ExpreiTes the Words fpoken by Him, and the Time and Place. ' So Necejfary did the long Parliament it felf, think it, to purfue the Forms of Law in all their Profecutions. Upon the whole therefore, we humbly conceive that fo, ^reat a Number of Precedents, is fufficient to outweigh, the iingle Inilance of Dr. Manwaring\ Cafe, how oppofue foever it may Teem to be to the prefent Cafe, which for the Reafons we have mentioned, is far from being Plain and Clear, or ha- ving the full Authority of a Precedent, and the Law and Cu- ilom of Parliaments, as we conceive is to be determin'd by conitant Courfe and Practice, and not one Precedent occaiio- ned by fo Odious Doctrines, as thole of Dr. Manwarmg ; nor can the contrary Alfertion to the abovefaid Refolution, be of any ill Confluence to Impeachments by the Commons, be- caufe 'tis eafie for them to Specifie the Words, which offend them ; but extremely Difficult for the accufed to defend him- felf, without knowing them } and as all who are charged M m 4 Cii* (»84) Criminally, have leave to make their Defence, fothey fhould alio have allowed to them all Lawful means for it. . Jo.Ebor, Tarmouth, Leimpfter, North 8c Grey, N. Durefme, Rochcfler, H London, Willoughby Br* SuJJ'ex, Weymouth, Leeds, Craven^ Scar/dale, Scarborough, Thanet, Osborne, Plymouth, W. Qjtriem, Anglesey, Howard, R. Ferrer:, Stawell, Abingdon, Guernfey, Beaufort, . Conway, . Northampton, Nottingham, Denhgh, Guildford, J^rfcy, Berk/hire. After this it was order'd.by the Lords, gfr. That on Tlmrf- day next, they fhould proceed upon the Impeachment of Henry .\:],£verel, Dr. in Divinity, Article by Article. March 16th, Great Debate in the Houfe of Lords about the Firft Article. 'Accordingly, on the 1 6th of March, it being moved to declare, That the Commons had made good the Firft Article againft Dr. Sacheverell, a great De~ bate arofe thereupon, (the Queen being prefent) and among the reft, Br. Burnet, Lord Bifisop of Salis- bury, made a long Speech. Importing, Biihop of Sarum's '"T* HAT the Council for the Prifoner Speech. £ did fo plainly and fully yield all that any Loyal Subject has ever pretended to, that in Cafes of ex- tream NcceJJity Self Difence and Refifiavce were Lawful, and that this was the Cafe at rhe Revolution ^ that it might not be neceffary to fay any thing further on -this Head, if it had not been that the Evidence they brought feemed to carry this Matter much further, and that the Prifoner himfelf allow'd of no Exception, in Cafes of Neceffity. And iince it was grown to be a vulgar Opinion, That by the Doctrine, of the Church of England, all Reliltance in any Cafe whatsoever, without Exception, is Condemn 'dj He thought it was in- cumbent on him, who had examin'd this Matter long and carefully, to give their Loroihips inch a clear Account of bis Point, as- might as fully fousfie them as it aid hiaifelL That he ferved in the Revolution, and promoted it ail he could. He ierved as Chaplain to the Late King : He had no Command, and carried no Arms, but he was ib far enga- ged in it, that if he could fee that he had gone out of the "Way in that (and the many "Up and Downs we have gone thro* frnce, has given much Occasion to reflect on that Tranf- action) he ihould hold himfelf unworthy to appear longer, either in that Habit, or in that Great Affembly : But Ihould think himfelf bound to pafs away the reit of his Life in Re- tirement or Sorrow. There being nothing more certain in Religon, than that we ought to repent of every Sin we have committed ; and that we cannot truly repent, unlefs we re- pair and reitore as far it is in our Power. I go now, continued he, to give you the Account of the Dodrine of our Church in this Particular. In the Times of Popery ir was a Tenet, built upon Bilhops fetting the Crown on the Heads of Princes, and anointing them, that they held their Crowns of the Church, and at the Pope's Mercy -, who had for about 500 Years got into the Claim of depoling them, and giving their Dominions toothers, in cafe they were Here- ticks, or the Favourers of them. But the Reformation be- ing in its firil Beginning protected by the Princes of Germany y by the Kings of the North , and then by the Kings of Engr l.vid ^ they came every where in Oppohtion to the Papal Mo- tions, to fay that Kings had their Power from God : Not that they meant, that they had any diitinct Authority befrdes the Law of the Land derived to them from God ■ but by that the Laws of God, the Authority of the Law of the Land, was fecured to them. For when a different Authori- ty from that of the Law came to be pretended to, and to be grounded on thefe General ExprelTrons, that received here a Parliamentary Cenfure, and it was then declared that the Laws of Religion in the Scripture did only eftablilh the feve- ral Conflitutions and Governments that were in the different Parts of the World. The Occaiion that the Apoflles had to write what we find in their Epiitles, with relation to Government, was this } The Jews had a Notion among them from a PaiTage in Deutetononm that they were only to fet a King over thems One from among their Brethren, and not a Stranger. From whence it is, That to this Day they do not think they are bound inConfcience to obey any Magiltrate, who is not one of their Nation. Now the firit Converts to Chritliaruty be- ing Jews, the Apoflles took care mat they ihould not bring this dangerous Notion with them into me Chriitian Reli- gion : But they did not meddle to determine where this Authority was lodg'd, that was to be gatherd out of the leveral (i§0 feveral Constitutions : They did not determine how fltttefi was due to the Emperor, and how much to the Senate : And tho' not long after thofe EpifUes were writ, the Senate con- demned Nero to dye, More Majorum, to be whip'd to Death ; none of the Chriftians interpofed in that Matter. He pre- vented that infamous Death by his own Hands: And the Primitive Chriftians reckon'd it one of the Articles of the Glory of their Religion, that their firft Perfecutor came to fuch an End. Not long after that Trajan was fam'd for that memorable Expreftion, when he deliver'd the Sword to the Governours of the Provinces, as the Emblem of their Authority, he us'd thele Words, Pro vie, fi merear in vie ; Forme, but if I defeive it, againft me. That did not weaken his Authority : His good Government with that of his SuccefTors for above 80 Years, being the greateft and happieft time the Romans had tinder their Emperors. This Word was put on King 'James the FiriVs Coin in Scotland : It is true, that was du- ring his Minority ^ but when he afterwards changed his Motto, the Coin was not calPd. in, but continued Current till the Union. The Primitive Chriftians had no Laws in their Favour, but many againft them: So their patient Suffering lb many Perfe- cutions according to the Laws of the Empire, under which they liv'd, was conform to the Doctrine laid down by the Apoftles. When they came afterwards to have the Protecti- on of Laws, they claim'd the Benefit of them, not without great Violence, when they thought an Infraction was made on thofe Laws : Which broke out into great Tumult.;, in many of the chief Cities of the Empire, not excepting the Imperial City it felf. But, faid he, to proceed with the Hiftory of our Church: When the Articles of Religion were fettled, the Books of the Apocrypha were indeed declar'd not to be a part of the Ca- boti of the Scripture, but yet to be uieful for the Example of Life, and the LifttuSion of Manners. A great part ot thele are the Books of the Maccabees, which contain tne Hiftory of the Jews fhaking off tne Yoke of the Kings of Syria, when they were broke in upon by a total Overthrow of their whole jLaw, and an unrelenting Perfecution. Mattathias a private Pnelt began the Keiiftance, which was carried on by his Children, till they fhook off the Syrian Yoke, and formed themielves into a free Government, under the Family of the Maccabees. It were eaiie to ihew tnat the Jews had been for above 400 Years fubjeit, firft to the Babylonian, then to the 'fh-Jtan, and at laft to the Grecian Empire : So that by a long Pieicription they were Subjects to tne Kings of Syr.ia. It were C 187 ) were eafie alfo to ihew that this Refinance was foretold by Daniel, in Terms of High Commendation, and is alfo men- tioned in the Epillle to the Hebrews, as the Work and Effect of their Faith. If then all Refinance to illegal and barbarous Perfecution, is unlawful ; thefe Books contain nothing but a Hiftory of a Rebellion, and all the Devotion that runs through them, is but a Cant, and initead of reading them as Examples of Life, and Injlruclion of Manners, we ought to tear them out of our Bibles with Detellation.^ I ihall afterwards ihew what ufe was made of thefe Books,' not only by private Wri- ters of our Church, but by what the whole Body in Convo- cation was about to determine. The next Step to be made, is, to confider the Homilies : The Second Book of Homilies, which has the Homilies in it againlt Wilful Rebellion, is generally believed to have been eompos'd by Biihop Jewell, who was by much the belt Writer in that Time. It is certain, he underftood the meaning of them well : Now I will read you two PalTages out of his .De- fence of his Apology for the Church of England ; from whence we may clearly gather what his Notion of Rebellion was, and that he thought a Defence againlt unjuft and illegal Violence was not Rebellion. In one place nc has thefe Words ^ The Nobles of Scotland neither drew the Sword, nor attemp- ted War againfl the Prince : They fought only the Continuance, of God's undoubted Truths, and the Defence of their own Lives againfl your barbarous and cruel Invafions : They remembred, be- fides all other Warnings, your late Dealings at ValTy, where gwaz Numbers of their Brethren were murdered, being together at their Prayers in the Church, holding up their Innocent Hands to Hea- ven, and calling upon God. In another place he writes, Nei~ iher do any of all thefe (Luther Melanchthon) teach the People to fi bel againfl their Prince : but only to defend them/ "elves by all I aw fid Means againfl Opprefjions, a; did David againfl Saul, fo do the Nobles in France at this Day, they feek not to kill, but to fave their own Lives. He urg'd, That thefe PalTages Ihew that Bifhop Jewell looked on Rebellion to be a violent Rifing againlt a Prince executing the Laws, which was the Cafe of the Three Rebellions in England that they had in view : That in K, Henry the VHIth's, in K. Edward's, and in Q. Eliza- beth's Time, where the Papilts took Arms againlt their Prince, who was executing Laws made in Matters of Religion, and that with a great GentlenetV. That of the Eleven Pailages quoted by the Prifoner out of the Homilies, Five plainly re- * late only to the Coercing the Perfon of the Prince, in which David is fet in Oppoiition to thole Rebels now, tho1 he indeed defended himfelf, yet he had a juit and facred Tendernefs to tiie Perfon of Saul, when he had him in his Power, which is ( 188 ) U certainly Sacred by our ConfHtution. Five of them relate to Wicked Princes. That it was never pretended by any who pleaded for neceffary Defence, that the bad Lire of a Prince can be a juit Caufe of Refinance : Yet that was then pretended ; for K. Henry VIII. had given too much occaticn xv reckon him a wicked Prince. So there was only one of all the Pafiages quoted from thofe Homilies, that relates limply to Rebellion in General : And it had appear'd what Bifhop JcwelVs Senfe of the Matter was. That there was alfo a Fnyer at the Endt of e,very Divifion of the Homily againtt I Rebellion, fand by the by Wilful was not put in the Ti- : nothing) for thofe oppreffed by Tyranny in other Parts, that they might be relieved, and that thofe who were in tear ci their Cruelty might be comforted. Let us next look, faid he, thro' Q. Elizabeth's Long and Glorious Reign, and fee what was the conitant Maxim of that Time. The Year after the Queen came to the Crown, the War in mi broke out between the Queen Regent that Govern *'d by Commiflion, from her Daughter then Queen of Fratic#9 aiwJ the Lords in Scotland. She, to obtain tiie Matrimonial Clown to be lent to Francis the lid. gave Aflurances for the Exercife of the Reformed Religion ; but that Point being gairi'd, flie broke ail her Promites, and icfolvedto force them to return to the Exercifesof thePopifh Religion : Upon which the Lords of Scotland formed themfelves into a Body, and ■*V*« called the Lords of the Congregation. Foices were lent irv.iTi Fravcc tcailiit the Queen Regent; upon that Q. Elizabeth eritred into an Agreement with the Scottijb Lords, and lent .r.i Army to their Affiftance, which continued in Scotland till .alters were fettled by the Pacification of Lcitb : And in a jrMnJfejh, that I have in my Hands, let'1 forth 25 Years af- ter that, 1 find Her reflecting oil that Inteipolition in the Af~ lahsof that Nation with great Satisfaction. That tiie Year after this War was ended, upon Franc is the II'd;S Death, Qmths the JXth, who was a Child, fucceeded in France. EcKts were granted in favour of the Protellants : Tneie were icon after broken by the Triumvirate^ and upon that follow'a a Series of Wars often pacified, but always breaking out again, by reafon of the Violence and Cruelty of' tne Government. All theie Wars, till Henry the IVth was fettled on the Throne, were in a Courfe of 28 Years, that which fame would cail Rebellion, being carried on againil two luccteding Kings. Yet trie Queen was in all that time ltiil a: Siting tiieai with Men and Money. That in the Year 1568. the Provinces in the NetherlanZi - ,o Yoa-% that ome inrollerably fe- v2>e C 189 ) Vere and cruel. The Queen for fome \ears aflifted them covertly, but when the Prince of Orange was kilfd, and they were in danger to be over-run, (he took them more c, into her Protection 5 and by the Mamfefto (which the Bifhop Of Saturn had in his HandsJ She publifhed the Grounds upeo which She proceeded. She laid down this for a Foundation, 1 hat there had been an Ancient League not only between the Crown of England, and the Princes of the Netherlands, but between the Subjects of both Countries, under their Seals in- terchangeably, for all Friendly Offices. From hence his Lord- fhip urg'd, That if this was a good Reafon for the Queen's giving Aid to the OpprefTed People of the Netherlands, then it the' Cafe had been reverfed, that the People of England had been illegally and cruelly oppreiTed, it furnilhed the Princes of thofe Provinces with as good a Reafon for affiiiing them. That hi this A Hi It a nee given the States, the Queen perfifted till the End of Her Reign 5 nor was this only done by the Court, but both Parliaments and Convocations granted Her feveral Aids to maintain thefe Wars : And in the Preambles of thofe Subfidy Acts, the Queen's Proceedings in thofe Par- ticulars were highly approved and magnify'd. Bilfon Bifhop of Jftnchefter, and feveral other Writers ill that time, juiti-* tied what fhe did; and not one cenfured or condemned it. That upon King JamesH coming to the Crown, the fir ft great Negociation was for a Peace between Spam and the Uni- ted Provinces ; which lafted feveral Years. The States in fitted on a Preliminary, That they fhould be Acknowledged Free, Sovereign, and Independent States; the Spaniards would not yield to this, nor would the States recede from it. Some here in England began to fay, They weTe Form'd in Rebellion, and ought not to carry their Pretenfions too far : Upon that, King James furfer'd a Convocation to meet j and a Book of Ca- nons, with relation to the Supream Authority, was prepar'd ; in which, tho' the Authority of the Prince, even when he be- comes a Tyrant, is carried very far 5 yet the Cafe of the Mac- cabees is Stated ; and, it was determined, That when a new Government, tho' begun in a Revolt, is come to a thorow Settlement, it may be owned as Lawful. That King J.amer9 who was )eaious enough of the Regal Authority, yet did not like their carrying thefe Matters fo far: Heord'er'd the whole Matter to be let fall fo entirely, that there is not a Word of it in the Books of Convocation: But Archbiihop Sancroft f jund this Collection of Canons at Durham, under Dr. Ove- tali's Hand, which he Copied out, and Licenfcd the Book a tew Days before he fell under his Sufpeniion. That he (the Bifhop of Saturn) foon law that it had a Relation to the Ai'~ fairs in Holland: For the Dutch delighted to compare tl '-' C »#> ) tirft Beginnings to that of the Jews in Antiochus's time: They compared King Philip to Antiochus Epiphanes, and the Prince of Orange to Judas Maccabeus. But, added he, I faw much clearer into the Matter by an Original Letter of King James 7 which a worthy Gentleman fent me. I knew his Hand well, the Letter is in Print ; but I will read fome particulars out of it. It is Directed to Dr. Abbot, afterwards Archbifhop of Canterbury. It begun with Cenfuring fome Pofitions concern- ing a King in Poffefiion, the fame with our Modern Term of a King de facho: He goes on in thefe Words, My Reafon of calling you together, was to give your Judgments, bow far a Chri- Jlian and a Protejtant King, may concur to Ajjift his Neighbours to Jbake off their Obedience to their own Sovereign, upon the Account of OppreJ/io?i9 Tyranny, or what elf e you like to name it. In the late <%ueenys Time, this Kingdom was very free in AJjifling the Hol- landers both with Arms and Advice-^ and none of your Coat evtr told me, that any fcrupled about it in her Reign. Upon my co- ming to England, you may know, it came from fome of your fell' es to raife fcruples about this Matter • yet I never took any notice of thefe fcruples, till the Affairs of Spain and Holland forced me to it. I calVd my Clergy together, to fatisfie not fo much me, as the World about us, of the Juftnefs of my owning the Hollanders at this time. This I needed not to have done, and you have forced me to fay, I wifh I had not. He reflects on thole, who had a^ great Averfion to the Notion of God's being the Author of Sin, which plainly Points at Dr. Oveiall, who was the firft Man of Note among us, that Oppofed the Calvinifls Doctrine of Predellination*, yet he fays, They had gone to the Threftold of it, by faying, That even Tyranny was God's Authority, and fhould be Reverenced as fuch. He concludes, Thefe were edged Tools, and that therefore they were to let them reft. Here is a full Account of King Jameses Thoughts of this Matter, which was then the chief Subject of Dilcourfe all Europe over. He had Twelve Years before this, fhewed on an Eminent Occafion that he owned the States, when lie Invited them in the Year 1593. to Chritten his Eldeft Sou, Prince Henry. They were fenfible of the great Honour done them by it ; and tiio' they were then but Low, they fent an EmbaiTy, with a noble Pre- fent of Gold Plate, to Affilt on that Occaiion. This Nego- ciation ftuck for feveral Years, the Spaniards refilling to own them in exprefs Words: The Temper found was, they were treated with (tamquam) as with Free States • and the Matter went no further at that time, than a Truce for fome Years, which was Concluded in the Year I £09. This lets us fee, That the Words in King James's Speech that 'Year to his Par- liament, were not chance Words that fell careleily from \\\m,A King leaves to be a Kbigy ami degenerates into a Tyrant ', as foon as he 090 he leaves of to Govern ly Law : In which cafe the King's Cc ence may [peak to him, as the poor Woman to Philip of Macedon, Either Govern by Law, or ceafe to be a King. That there is another eminent Inftarrce towards the End of that Reign, that mews what the Senfe of our bell: Divines was in this Matter : When the Archbifhop of lbrk's Son and Mr. Wadfworth had changed their Religion in Spain ,WadJ "worth writ over a bold Defence of that \ and among other Things, Charged the Reformation with Rebellion. This was an- fwer'd by one of the belt Books of that Time, writ by Dr. Bedell, Dedicated to the Prince of Wales, who afterwards Promoted him to a Bifhoprick. His Words on this Head are full: Do you think ( fays he) Subjects are bound to give their Throats to be cut by their Fellow Subjects, or to their Prince, at their mere Wills, againft their own Laws and Edicts? You would know quo jure the Froteflants Wars in France and Holland, are jujlified, Firll, The Law of Nature, which not only alloweth, hit inclineth and inforceth every living Thing to defend it felf from Violence, Secondly, H:at of Nations, which peim'uteih thofe who are in the Protection of others, to whom they owe no more than an honourable Acknowledgment, in cafe they go about to make thewi- ftlves abfolute Sovereigns, and to ufurp their Liberty, to Rejijl and Stand for the fame. And if a Lawful Prince, who is not yet Lord of his Subjects Lives and Goods, Jb all attempt to dcfpoil them of the fame, tinder colour of reducing them to his own Religion, after all Immble Remonjtrances, they may Jland upon their own guard, and being ajfailed, refift Fojce with Force, as did the Maccabees under Antiochus. In which cafe notwithfiandingy the Per fon of the Prince himfelf ought always to be Sacred and In- violable, as was Saul to David. Which Words wanted no Commentary, and fo their Lordihips faw how this Matter Hood during King James's Reign. That in the firft Year of King Charles's Reign, Grotius's Book de Jwe Belli & Pacis^ was Publiih'd at Paris, Dedicated to the King of France, while France was under the Adminiltration of the wifefr and moll jealous Miniller of the laft Age> Cardinal Richelieu* That in that Book, in which he aiTerts the Rights of Princes with great Zeal, yet he enumerates many Cafes, in which it is Lawful to Refill, particularly that of a total Subverfionz And that Book is now all Europe over in the higheit Reputa- tion of any Bock that the Modern Ages have produced. That in the Beginning of King Charles's Reign, a AVar broke oat in Frame , againit the Proteitantsj upon which he lent over Amballidors, by whole Mediation a Peace- was Con- cluded j but that being ill kept, the War broke out again ; and the King thought himfelf Bound by his Mediation to pioteel the Proteitani*. So in the Second Sdfion of the Par- liament ( 19a ) liament 1618. In the Demand of a Supply that the Lonf Keeper Coventry made in the King's Name, thefe Words are to be found, France is fway'd by the PopiJJj FaBion \ and tho* by hu Majejlies Mediation, there were Articles of Agreement between that King and his Subjects, that Treaty hath been broke, and thofe of the Reformed Religion will be ruined without prefent Help. Up- on this the Commons petitioned the King for a Fall, and defired the Concurrence of the Lords, who join'd with them in it. The King granted it, and an Office was Compos 'd iuitablc to the Occaiion ; in which among other Devotions, the Nation was directed to pray for all thofe, who here, or el fe- where were fighting God1 s Battels and Defending his Altars. Thus the whole Body of the Legiilature did concur for a Fall for that, which if this Doctrine is tiue, was no better than Rebellion ^ and yet the whole Nation, Cler- gy and Laity were requir'd to Pray for Succefs in it. That to compleat this View of the Doctrine of our Church, it is to be confidcrM, That when a Year before this, while the Loan or Benevolence were carried on, fome officious Di- vines made ufeof thole Expreilions of Kings having their Power from God, as importing an Authority of a Nature Superior to the Laws of the Land. One of thefe, Dr. Manwaring, was Impeached, and had a fevere Sentence palled on him for it. So that he had now made it out, beyond the poilibility of Contradiction, that for 70 Years together, from 1558, to 162,8, the Lawfulnel's ot Self-defence in the Cafe of Illegal and Violent Cruelty, was the Publick and Conilant Doctrine of this Church. Adding, that as thefe were the bell and happiefl Times of our Church, as is often repeated by the Earl of Clarendon : From thefe we ought to take the Standard of our Do- ctrine. I go next,continued he, to fnew what was the common Do- ctrine for the next 60 Y'ears, from 1618, to 1688. I mull yield up the firit twelve Y'ears : For upon the unhappy Mif- underflanding between the King and that Parliament, there was a long difcontinuance of Parliaments, then the lately Condemned Doctrine was again in Vogue:, and nothing was lb much heard of, as the Law of Government that was from Cod, Antecedent to all human Laws : Out of this fprung il- legal Imprifonments, illegal Monopolies, fevere Proceedings iti the Star-Chamber, but above all, the Ship-Money. Thefe things put the Nation in an Unlverfal dif-jointing and feeble- liefs. And when an unavoidable neceffity forced that King to call a Parliament, the fatal Effects of thofe Councels broke out terribly. I krow many fancy, that the War is to be charged on the Principles of Self-defence : They are much , millaken. ( »93 ) rfiiilaken. I had occafion to fee a great way into the Secret bf that time, when I examiifd the Papers relating to the two Dukes of Hamilton. I knew a great deal moie fince from two Perfons of unqueitionable.Integiity, who knew the Se- crets of that time, the Lord Mollis, and Sir Harbottle Grim? Jlonc j but all recciv'd a full Continuation, when I found it agreed perfectly with the noble Account given by the Earl of Clarendon. No Body dreamt of a War, nor. had they any Principles' leading to it. But there was an unhappy Train of Accidents that hindred Matters from being brought to a Settlement, e- ven while the King was granting ail tney could deiire. Sto- ries Were carried by Perfons about both the King ana Queen* of words let fall, that made them conclude, there were Uilt ill Defigns on foot, againit the Laws that were then paiTcd." But that which brought all to a Crifis, was the pifcovery of a Negociation, to engage the Army to Declare againft the Parliament. Whofoever compares the Depofnions in Rii/b- worth, with the Account given of that Matter by the Earl ot Clmendon, will fee there is a great deal more in the ones than the other is willing to believe 5 tho' he acknowledges they had both Goring* s Evidence, and Piercy's Letter with them. I will not take it upon me to determine, whether they believ'd too much, or the Earl of Clarendon too little. It is certain, they believ'd all that was in the Depofition?-, and a great deal more: For Goring being continued in the Government of Port/mouth, and his Father being advanced from being a Baron to be an Earl, and Piercfs being made a Lord, and Mailer of the Horfe to the P. of Wales, made them conclude they had fuppreiTed a great deal, initead of faying more than was true. This fltick deep in their Hearts, and at laft fatally broke out in the Demand of the Militia, that brought on the War, which I do own was plainly a Rebellion t becaule a Force was offer'd to the King, not to defend them- felves from an unjuft Invafion, or illegal Grievances, but to extort a new Law from him. Thus the true Occafion of the War, was a Jealoufie, that a Conduct of 15 Years had given too much ground for; and that was ftill unhappily kept up, by a fatal Train of Errors in every Hep that was made. The great Concuffion that the War gave, the Nation, and the bar- barous Efrulion of fo much Blood, efpecially-of the ftoyal Blood of that BltlTed KING, had at lait a happy, tho' a late Conclufion in the Refioratioii : And it's no wonder, if fetch a Series of Tragical Events, begot a general Hor- ror at the Occafion of then). But then it was, that had it not been lor me Firrcnefs of ih& Earl of Clarendon to l\n 41 M a J&frfi ( m ) j£*glifl> Principles, the Liberties of the Nation had been deli- ver'd up. It is to his Memory, that we owe our being a free People \ for he with his two great Friends, the Duke ofOnnond, and the Earl of Southampton) checked the forwardnefs of fome who were defirous to load the Crown with Prerogative and Revenue. He llopt all this, which being afterwards odioufly reprefented, brought on him that great and lafting, but honourable Difgrace. The Earl of Southampton, whofe Death went a little before his Fall, and perhaps haflned it the fconer, faid to many about him, that he was a true Prote- ctant, and an honeit Englifb-man^ and that the Nation would feel the Effects of his being removed, whenfoever it might happen, That Lord, in the great Settlement after the Relloration, would carry things no faither, than to repeal what had been extorted by the Tumults j and in the matter of the Militia- Ad:, and the Oatbs relating to it, all was more cautiouily worded, than is commonly underllood. To the Word Com- mijjloiid by the King, fome indeed moved, that the word Law- fully might be added, to make all plain. This was prefs'd in the Houfe of Commons by raughan, afterward Lord Chief Juftice of the Common-Pleas. The Attorney General, afterwards Lord Chancellor Nottingham, anfwer'd, That was not vecejfary ; for the word Coimm]Jhny imported it, fince, if it was not Lawfully ifiued out, to Lawful Perfons, and for a Lawful Reaion, it was no CommiJJion ; and the whole Houfe alTented to this, yet in the Houfe of Lords, the fame word Lawfully was preffed to be added by the £a,rl of Southampton*, who was anfwer'd by the Earl otjnghfey to the fame pur* pofe, with what had been faid in the Houfe of Commons, He indeed infifted to have the word added, becaufe it would clear all Difficulties with many, who not having heard of the Senfe given in both Houfes, might fancy, that any fort ht Commijjioji being granted, it would not be Lawful to refift h. He did not prevail , for it was faid, That this Explana- lion being the Senfe of both Houfes, it would be foon fpread and known over the Nation. In this Senfe, it is certain, that it is not Lawful to take Armsagainit any fo Commil- fion'd by the King-? for that were to take Arms againA the King's CommilTion in the Execution of the Law, which is certainly a refilling the Ordinance of God, which whofoever dof they Jfrall receive to themfelves damnation. It was no wonder, if after fuch a War, the Do&rine of No?i-Re[;ftance was preach'd and prefs'd with more than ordi* nary Warmth, and without any Exceptions j yet fome 11 ill kept Cm) ihefe in view ; fo did both Dr. Falkner and my feJF; and I know many others had them always in their Thoughts, tho' they did not think it necefTary to mention them. I fbundj continued he, the ill effect?, that the carrying this Matter fo far, had on the Mind of that unfortunate Prince,, King James -^ for in the Year 1675, when he was pleas'd to admit me to much free Converfation with him, among many other things, I told him, it was impoffible for him to Reign in quiet in this Nation, being of that Religion ; he anfwer'd me quick, Does not the Church of England maintain the Do- ftrine of Non- Refinance and PaJJive Obedience? I begg'd of hini not to depend on that ; for there was a diitinclion in that matter, that would be found out when Men thought they needed it. I now come to tell your Lordfhips, how right I judged. It is true^ they pafs'd a very pompous Decree at Oxford % 168?. but you mall hear how long they itood to it. In Summer, 1686, the Prince of Orange was pleas 'd to receive me into his Service with a particular Confidence. Soon af- ter the Ecclefiaftical Commifflon was fet up, and upon fome- Proceedings before that Board, he was defir'd from England to break with King Janies upon that Head. I oppofed this9 and faid, I was convinced, that CommiiTIon was againit LawP and would have ill effects, but it did not ihike at the whole« This was more warmly preffed upon the Proceedings againll Magdalene College. I ftill itood to my ground ^ and told both Prince, and Princefs, That if a Breach mould follow on theie Matters, I could not ferve. When indeed the Declaration was publiuYd a feco'nd time, with a Refolution to have it carried through • and that many Laws were difpenfed with, at pleafure \ and Perfons who were under legal Disabilities,: were made Judges, Sheriffs and M agift rates ; all wfrofe Actings were fo many Nullities: Then I thought here was a total Subverfion of our Constitution • which from being a Le~ gal one, was made precarious, fubject to mere Will and Plea- lure. So I was ready to ferve in the Revolution. Some Days after we came to Exeter, Sir t Edward Seymour came thither, and he prefently fent fot me :' When I came 'to him, he asked me, Why were we a Rope of Sand? and had not an Affoc'iation ? I faid, Becaufe we had not yet a Man of his Weight to begin the Motion : He faid, If we had not one by to Morrow, he would leave us before Night. I prefently faw a Noble Duke now in mj Eye, and acquainted nim with this ; He went to the Prince, who ap- proving of it, an AiTocia'tion was prepar'd, and laid on the Table next Morning 5 and was after that Signed by all who came to wait on the Prince. ^ Ihree days after we left, >T ri % Exeter (i90 Exeter, a Head of a College came to the Prince, to invite him to come to Oxford, alluring him, that the Univerfity would declare fot him Ke went as near it as Ahingdon, but then the iuocen Turn of Affairs at London obliging him to Up, the AiTociation was fent thither, and was Signed le Heads of the College, and many others there \ lbme g it in a particular \Varmth of Expreffion* and faying, "iaat their Hearts, as well as their Hands went with it. Up- on what Difappointments or other Views, I cannot tell, this Contradi&xonto then famed Den ee, five Year after it was made, fcenrd to take another Turn back to it again :, and the Noti- on of a King de faclo, which is but a Joficr Word for an Ufur- }>er came in Vogue. The Parliament, to prevent the ill Effects of that,- fludied to fecure the Government, Firft, by an AiTociation, and then by an Abjuration. I, who was always againlt every thing that might break in upon Confcience, was for making thefe only voluntary; but they were Enacted, and they were ge- nerally taken. A Noble Lord on the Earls Bench, procufd me the Sight of a Letter, that went about to perfuade the taking the Abjuration, that he had from a place where he believed it had its Effect j where I found this Diiiinction, That the Abjuring any Right whatfoever that the Pretender might claim, was only meant of a Legal Right, and that it had no Relation to Birth-Right, or to Divine Right, This a- greed, with a Report that went theH current, That a Perfon, in a great Poll, fent a MelTage to an Honourable Gentleman,^ who would not take the Abjuration, that if he had an half Hours Difcourfe with him, he doubted not to be able to convince him, that he might take the Abjuration, without departing frcm any of his Principles. Towards the End of the laft Reign, a bold Attempt was made on the King's Su- premacy, by an Incendiary, who is fuppofed to have no fmall Share in this Matter now before your Lordlhips : But the Attack on the Supremacy being liable to a Premunire, it was turn'd with much Malice, and manag'd with great Prevari- cation againii the Bimops, who adhered firmly to their Duty to the King. How great a Disjointing that has brought on this Churcn, is too viiibie all the Nation over, and it tends to carry en the wicked Defign of dillracting the Church, and undermining the Government. By the time the Queen was on the Throne, or fcon after the Rehearfal began to be fpread over the Nation, two of them a Week, which continued tor feveral Years together, to be Publifh'd without Check or Controul j It was all thro' one Argument againlt the Queen's Right to the Crown \ that,- thu' it was civeriifitd with InciUents and DigreifroV, was kept ( ?97) Jrept always in View. The Clergy were in many Places drawn into Subfwripticns for this Paper. This icck'd like a L long conniv'd at. to have the Queen's Title ui . Betides this, we had a 5 :>trie fame Purpofe, and, as was believed, writ by the Ikase Hand. Onefold at the Door of I te, with the Title of King JFJium't £ Grants, did plainly call him an Ufur- per :, and fuarting an Objection againft the Queen'- poiTefiing the Throne, gave it this Anfwer, That fbe did well to keep it till fhe could deliver it up to the Righteous Heir, At that time there was a quick Profecution of a Paper pubiilh'd, with the Title of The Slmtefi Way with the J)ijfenters\ and upon that, f brought that Pamphlet to a great Miniuer, and offer d to fhew him this PalTage in it, to fee if there fhould be a Profecution cf this Order'd. He turned from me; fo whither he heard me or not, I cannot tell : I am fure, if lie fays he aid not, I will believe him. No Profecution follow'd, and the Rehearfal went en. The Clergy in many Places, met at a Coffee -Hcufe on Saturdays to Read the Rehearfals of the Week, which had very ill Effects in moil Places. 1 know it may be faid, That the Queen's Learned Council ought to have look'd after thefe things : But we all know, mat they flay till they receive Orders from the Miniftry. The Couife of that Treafonable Paper has been now for fome time llopt, fo we fee there is fome Change in the Minhlry. But to coinpleat the Inlolence cf the Enemies of the Queen and of the Pro:e..ant Succeffion \ they had the Impudence to give it out, That the Queen fecutl) faiour'd ihim: An4 as this, we all know, has been long wnifper'd about a us, fo it was more boldly given out in Scotland, which oblig'd one of the Queen's Miniiicrs in that Parliament, in a Speed} that was Printed, to contradict this treafonable and cifnonou- table Suggeluon, that as fome Divines would have it, tnat there was in God a Secret, as well as a Reveal'd Will, and that thefe might be contrary to one another j fo they would fallen an Imputation on the Queen, that v. hile (he reveal'd her Will one way, fhe had a feciet Will another way j which he folemnly arfirmed to be falfe, and highly Injurious to the Queen. While the Pamphlets and thefe Reports were thus fet a- bout, Mr. Hoaaly thought that it became him to aiTeit the Queen's Title, by juilifying the Revolution, out of which it iiles. But what an Outcry was raL'o on this, that one duru diuurb the Progrefs of a wicked Opinion, that was vilibly defign'd to oveitum the Government : And yet he au=rt=i nothing, but what the Council for the Piifoner did all fully and plainly oo, Tnat in the Cafes of exiream Ktcculty, a.i N ii 5 ' fclr , Exception to the Doctrine was to be admitted, and that that was the Cafe at the Revolution. . But as thefe Notions have been long let run among us \ fo they have appeared in a moll violent and unguarded Manner, ever fince the Attempt of the Pretender, and more of late^ •fince the Preliminaries upon the Overtures for a Peace, feems to extinpuifti their Hopes. What Sermons on this Head are preach'd in this City, at Affizes, at Bath, and at many Ca- thedrals. Furious Men fit themfelves with fome hot Ser^ inons, which they carry about from place to place, to poifon the Nation. This has not only the vifible Effect defigned by it, of making many in their Allegiance to the Queen, and in their adhering to the Proteflant Succeflion ; but it has a curfed Effect on many others, on whom this their Defign does not fucceed. I am very fenfible there is a great deal of Impiety and In- fidelity now fpread thro' the Nation : This gives every good Mind all pofiible Horror j but I mult tell your Lordfhips, on what a great Part of it is founded ; for iince my Converfation with Wilmot, Earl of Rochefier, I have had many Occafions to difcourfe with Perfons tainted with thofe wicked Principles, and I do affirm it, that the greateft Prejudice thefe Perfons have at Religion, at the Clergy, and at the Publick Worfhip of God, is this, that they fay, They fee Clergy-men take Oaths, and ufe all Prayers, both Ordinary and Extraordinary for the Government, and yet in their Actings and Difcourfes, and of late in their Sermons, they ihew vifibly that they look another way^ from whence they conclude, They are a Mer- cenary Sort of People without Confcience. . I hope there are not many that are fo corrupted and fo fcandalous: I am fure I .know a great many that are far o- therwife, who Preach, Speak and Act as they Swear and Pray j but thofe who acl in another way, are Noifie and Impudent, and fo bring an Imputation on the whole Body; and unlefs an effectual Stop is put to this Diilemper, it is not poffibie to forefee all the ill Confequences that may fol- low upon it. I have, (faid he in the Concluiion,) I am afraid, wearied your Lordlnips ; but I thought it was neceffary, once for all, to enlarge copioully on this Argument: And now to. come clofe to the Article, and the Sermon, for I meddle not at all with the Perfon of the Man \ Whatever general Exprefiions might very well have been uied, in fetting forth Vajjwe Oh- dunce and Non-Refiftance before the Revolution, becauie odious Cafes ought not to be fuppofed, and therefore are not to be named ; yet iince Refiftance was ufed in the Revolution, and that the late King invited all the Subjects to join with him, yrbich C *99 ) which was in them certainly Refinance ; and fince the Law- fulnefs of the Revolution is fo much controverted, the condem- ning all Refiflance in fuch crude and general Terms, is certain- ly a Condemning the Revolution : And this is further aggra- vated from thole Limitations on our Obedience,in an Act pan; loon after the Revolution, by which, in Cafe our Princes turn Papifts, or marry Papifts, the Subjects are in exprefs Words, dilcharg'd from their Allegiance to them. Certainly this puts an End to the Notion of Non-Refijlance in any Cafe, cr on any Pretence whatfoever : For thefe Reafons, I think the firft Article of this Impeachment, is both well grounded, and fully made out. The Lord Bifhop of Oxford made alfo a remarkable Speech on the fame fide, Importing, The Bifhop of HT"1 HAT fome of that Bench were ziecef- Oxford's Speech. J_ ferily call'd up by words which fell from the Noble Lord whofpake third in thisDebate,who was pleas'd to mention among other ltrange Things, Bijbops Voting contrary to their DoBrines. That the Opinions of feveral of the Reverend Prelates had been read before their Lordfhips iii Wefimiiifter-HaU : They were firft quoted by the Council for the Defendant, and by their Order read in fuch a partial and unfair manner, that if he might be allow'd to ufe any other Author after the lame way, to take a naked Propofition out of his Book, and not coniider the Coherence or Dependance of the Words how it may be explain'd or limited in other Places, to read jult fo far as may ferve his Purpofe, and itop When any thing follows that may fet the Matter in a jult Light, He durlt undertake to make any Author fpeak on •which-ever fide of the Queition he pleas'd. But the Managers for the Honourable Hpufe of Commons did Juflice to thofe Reverend Prelates by obliging the Clerk to read other PaiTages in their Books, which clearly explain'd their Opinions ; and fo the only Purpofe that was eventually ierv'd by producing thofe Quotations, was that which he fear'd was not intended, the vindicating thofe Reverend Prelates from the uncharitable Imputation of having alTerte^ a Do8>ine in their Writings which they had contradicted by their Practice?, in relation to the Revolution and the Govern- ment founded upon it. That he hon'd to be able to reconcile the Vote which he mould give, with the Opinion which he had always been of, and which having not been produced below, he itood up to give it their Lordfhips here, being far from ceniuiing, far from entertaining the leail difrefpectrul Thought of any that fhould differ in Opinion f.om him. P a 4 flft ( 2C0 } He owird the Subject ribW in debate, was a matter of great 'Confeijuence, and of great Mc'ety and Tendernefs j and that lie, who ihould prefume to entertain their Lordfnips upon it, ought to be better qualified, and better prepar'd than he was in other Refpefts, but he would give place to none in thofe that followed, viz. in' delivering himfelf with that Rtfped and Deference which is' due to that Houfe, that humble Dif- fidence'which becomes ajuil Confcioufnefs of his own Weak- nefs, and that Plainefs and Sincerity which becomes that Character, which however unworthy of ir, he had the Ho- nour to bear \ arid then he was fure he might depend upon their Lordfhips known Candor, Honour and Juftice, that if any thing ihould fall from him lefs correct, or lefs guarded than it ought to be, it Ihould receive the moil favourable- Conitruction that it was capable of. That before he aeliver'd his Opinion, he beg'd leave briefly to iiate the Queition, and in order to that to lay down Two PremiiTes. i. That Government in general, was in its original Tnili- tution, defign'd for the Good of the whole Body • Men were not form'd into Societies, only to be the Subjects' of the ai- bitrary Wills, the ilavim Initruments ' in the gratifying the Ambitious or ether corrupt Defigns,bf any one or more Men \ but for the Safety and Piolperity of the whole Community. z. That in the Holy Scriptures (as far as he could find) theie is no Speciiication of any one particular Form of Go- vernment to which all .Nations and Bodies of Men, in all Times and Places ought to be fubject ; nor are there fuch ex- act Accounts of the extent of the Power of the Governor or Obedience and Submiifion of the Governed, as can' reach to all Cafes that may poflibly happen. Then he urg'd, that there are many general Precepts requi- ring the Obedience and Submiflion of Subjects to their Go- vernors ; Let every Soul be fubjttt to the Higher Powers \ you viujl needs be fulfjea not only for Wrath , but aljo for Confcunce- fake \ He that refijts, rejijis the Ordinance of God * And fubmit your/elves to every human Conftiiution for the Lord's fake, &c. But yet thefe Scriptures do not tell us how far we mult obey and be' Subject, nor do they neceUanly imply that trier e can never be any Cafes wherein we may not obey and not be tubject, but reiiit • becaufe theie are other Places in Scripture, where other Duties are required in Terms as large and general as theie, nay -in univerfal Terms, which yet muft admit of Exceptions. That foine or the moft zealous Contenders lor tat Abjdluie Tower of the hhicty and unconditional Submijjion of ihe SuDJectjfourJd'tnemfelves very much uporl the Fifth Com- mandment, Honour t/jy Father and Mothtr, which they ex- pound as comprehending Political as well as natural Partnts, '■'*' ' ' ana ( 201 ) und he did not gain-fay it : But then pray, my Lords, con- tinued be, lee us fee in what Terms the Duty of Children to their natural Parents is required in Scripture : Children, fays the ApoiUe, obey /our Parents in all Things • This Fxprelliou is iurely univerlal enough :, and from hence according tc fome Mens Reafoning, it mult follow, if Children mull obey their Parents in all Things, then they may re lift in none. But will any Body fay, that notwithstanding the Univerfality of this Precept, there may not be fome Exceptions and Limita- tions underftood, both as to the Att'rce and PaJJive Part of the Child's Obedience ? As to the jS'tve, no one will deny, but the Command muft be refhain'd to Licita & Hanefta ^ they are not to obey in all Things abfolutely, but in all Things that are Lawful and Hone 11. And as to the PaJJive Part of the Child's Obedience,the Suhmjjion or Non-re/iJIance recuir'd, permit me to put a Cafe. Suppofe a Parent in a Phenzy, in a fix of Drnnkemkfs or Pajfion, draws his Sword and attempts to kill his innocent Son, and the Son has no way to efcape from him ; is he oblig'd by this Duty of not ReRJlivg, to iland flili and let his Father fheath his Sword in his Bowels ? May he not, tho' he mult frill have a care of his Father's Life, defend his own ? May he not put by the Pafs, grap- ple with his Father, and dilarm him if he can ? My Lords, iurely he may ; That prime Law of Nature, of Self- Pre 'crea- tion, will jultify him in ir : And then why may not the fame Law of Self- Prefer -cation juftify the Political Child, the Body of the People, in defending their Political Life, i e. their &>n/titution, againit plain and avow'd Attempts of the Poli- tical Parent utterly to dellroy it ? And it is upon this Point only that I fhall ltate the Quefticn. He did allow, that in all Governments whatfoever there is an abfolute Power lodg'd fomewhere. With us, as he hum- bly conceived, that Power is lodg'd in the Legilbture ; for which he had the Authority of a great Politician and Statef- rhan, Sir TImnas Smith, who was Secretary of State to two Princes, K. Edw. <5. and Q. Eliz. who in his Book, De Ketod** Ilea Av.gL a Book feen and allow'd as isfaid in the Title Page, in that Chapter where he treats of our Parliaments and tne- Authority thereof, lays down this Ailertion, The nisft and alfo'ute Power of the Realm of England confjleth in the Parliament \ and giving particular Inllances of that Power, among others mentions this, Tlhit the Parliament gives Farms of Succejon to the Crown. He mf.Jled, that the Executive Pow- er witn us is lodg'd with the Prince ; and he d;d readily al- lcfw that the Prince fo vefted with the Executive Power, and ail others lawfully Commiilion'd by him, Acting according to their Conimi5ion, and within th.-le Laws, witti t:\e Eiec - tion ( 202 ) tion whereof he and they are refpectively trufled, are IrreJiJIU hie : The Perfon of the Prince is always inviolable : No per- ibnal Faults in him -y no Injuries to particular Perfons, where they can have no Redrefs by Law, as in feveral Cafes they may have ; no general Male-Adminijlration, whereby the Pub- lick may be greatly hurt, can juftify any forcible Refinance of his Subjetls -y nor any thing lefs than a total Subvetfion of the Constitution. But if in a legal Monarchy, where fuch Laws have been ena&ed by common confent of Prince and People, as are to be the Meafures of his Government as well as of their Okt>diencey that limit his Power as well as fecure their Rights and Properties, the Prince fhall change this Form of Govern- ment into an abfolute Tyranny, fet afide thofe Laws, and fet up an Arbitrary Will in the room of them ; When the Cafe is plain, and when all Applications and Attempts of other Kinds prove unfuccefsful ; If then the Nobles and Commons join toge- ther in Defence of their Ancient Conflitution, Government and Laws, he could not call them REBELS. And defired their Lordlhips to allow him to lay before them a few Things in Maintenance of what he had advane'd. And he would hum* bly offer fome Fairs, which he allow'd did not directly prove what he had faid to be true, but they did prove it to have been the Opinion of our Princes, Parliaments, Clergy and People in the Reigns of thofe three great Princes, Q. Eliz, K. James and K. Charles I. He meant the AJ/istances which thole Princes gave to the Subjects of other Countries that were refilling their refpe&ive Princes ^ and to enable them to do fo, they had Subfidies given them in Parliament and Convo-* cation , and there were Prayers composed and uied for the Succefs of {heir Arms. That furely, if thofe Princes, Parliament:, Clergy and People, had been of Opinion, that the Resistance of Subjects againil their Princes, was in no Cafe lawful, but always damnable Rebellion • they would never by aiding and aflifting fuch Re- bels have involved themfelves in the Guilt, and expos'd themfelves to the dangerous Coniequences of fuch a Sin. That he mention'd not the particular Stories, becaufe they were better known to their Lordlhips than to him, and becaufe he doubted not but in the Courfe of this Debate, fome Lord or other would give a larger Account of them ; but he could not forbear obferving one tiling relating to that Affiirance, which that Pious Prince, and now Glorious Saint in Heaven, King Charles the Firit, gave to the RocUhrs, who were fuiely the Subjects of the King of France ; lie ojder'd a Past by Procla- mation, and appointed a Form of Prayer to be drawn up for the Jmploring of God's Bleiling. Tnat it was highly probable that Bifhop Laud had the great Haad in compoling thofe Prayers, ( 203 ) Prayers, he being then Bifhop of London, and in great Favour, and the Arch-biihop of Canterbury, Abbot, at that time in Difgrace. But whoever compos'd them, he begg'd leave to read part of one of the Collets in that Office. 0 Lord God of Hofls, that giveft Vitlory in the Day of Battle, and Deliverance in the time of 'Trouble, We befeech thee to Jlrengthen the Hands, and encourage the Hearts of thy Servants in fighting thy Battles and defending thy Altars that are among us,and in all the reform- ed Churches, That it feems the reformed Churches were thought to have God's Altars among them then, however they have been vilify 'd lince. But that which he would, obferve from this PalTage was this, That neither that excel- lent King who commanded thofe Prayers to be coaipofed, nor the Bifhops who compos'd them, nor tne Clergy ana People who us'd and join'd in them, could in fo ioiemn a manner have recommended thofe Forces to the Divine Protection and Favour, and as fuch as w tie fighting Gods Battles, if they had thought they were fighting againil God in his Vice-ge)enty and as defending his Altars if they believed they were re lilting his Ordinance. 2. That he could produce feveral Authorities in fupport of what he had laid down, but he mould mention but one, out of a Book written profelTedly on this Subject,in Q. Elizabeth's Time ; that every one that is acquainted with the Hiltory of Her Reign knows what Attempts were made by the Pope and his Party againlt her Governvicnt and Life, by Excommunica- ting, Depoiing Her, Abfolving Her Subjects from their Alle- giance,^ raifing Tumults and Infurreciions, by Dagger, i oyjon, and what not : And 'tis certain, that tney were thefe wick- ed Practices of the Pope and his Followers, and the Doctrines by which they juitify'd them, that the Compilers of the Ho- milies which were then made, and other Authors who thea wrote about the Power of the Prince and the Duty of the Sub- ject, had principally1 in their View: That the Book he meant, is Intituled, The true Difference between Chiflian SubjeBion and. Vnchijlian Rebellion, written by way of Dialogue between a Chriltian, whom the Author calls Theophilus, and a Jefuit whom he calls Philander. That Theophilus the Chriilian fays, J bufie not viy felf in other Mens Commonwealths as you (the Jc- fuits) do, neither will I rajhly pronounce all that rejifi, to be Re- bels :, Cafes may fall out even in Chrifii an Kingdoms, where the People may plead their Right againfl their Prince, and not be char- ged with Rebellion. Philander the Jefuit asks, as when fo\ Ex~ ample ? Theophilus the Chriitian replies thus. If a Prince fiou Id go about to Jubjecl his Kingdom to a Foreign Realm, o) charge the Form of the Commonwealth from Impeiy to Tyranny, or lugltft the l*aws ejlablijlfd by common confeut of p) jnce and People, to exe-* cut i C 204 ) cute his own PI et fit re • in thefe and other Cafes, which might he named, if the Nobles and Commons pin together to defend their ancient and accuftom'd Liberty, Regiment and Laws, they may not well be accounted Rebels. That this Book is faid, in the Title Page, to have been perufed. and allowed by publick Autho- rity ; was written by a great Man, Dr. Bilfon then Warden of Winchejler College -, Printed at Oxford by the Univerfity Printer and Dedicated to Q. Elizabeth ^ and the Author was afterwards made BiChop of Winchejler. That he could offer many other Authorities not from falfe Sons or perfidious Pre- laws of the Church, not from Men of Fa&ious and Antimonar- cbical Principles in relation to the Stat6,b\\t. venerable Names, Ornaments to the Ages they liv'd in, and fuch as will be re- membred with Honour in lucceeding ones : But he was fiu perfeded in producing, and their Lordfhips trouble faved in hearing more particular Quotations to this Purpofe, by what was yielded by a Reverend Divine of great Parts and Learn- ing, far enough from the Sufpicion of being prejudic'd againft the Rights of Princes, or partial to thole of the People, he meant the Reverend Dean of CarliJle,who in a Latin Diicourfe PreachM and Printed in this Town upon the Duty of Submif- jion, Hating fome Cafes of extreme Neeeiluy, and putting the Queition, Whether it may not be lawful joy the People in fuch Ca- fes to rtjift ? anfwers, Viri boni & graves, &c. That Good and Judicious. Men , Men that have taken gnat and vfeful Pains in de- fending the Rights of Princes, and yepr effing popular Lirenfe, have contended that it is Lawful : He adds indeed, whether they have done Right or Wrong, let others judge, and does not give his own Opmim. But fince he had granted, that fuch Men as he had defcribed, Men of Probity and Judgment, zealous Affertors of the Rights of Princes, and Repreffors of popular Licenfe, have con- tended that in Cafes of extreme Necejity, it is lawful for the People to defend themfclves ^ he might comfort himfelf, if he eri'd in his Opinion, that he err'd in good Company. But he humbly conceived he did not err, and that, 3. For this plain Realbn, That if it be utterly unlawful to Refifi in any Cafc whatsoever, even that of a total Subverhon or" the Con- ilitution and Laws ; then there is no dijlinttion of Governments, of Abfolute, he meant, and Limited :, or if there be a diJinicJion, it is a nominal one without any real difference j for what dif- ference is there between a Prince's governing Arbitrarily without Law, and governing Arbitrarily agamit Law ? Be- twixt having no Laws at ail, and having precarious Laws that depend intiiely on the "Will of the Pnnce, whether he will ooleive one or them or iubvert them all, and if he doe?, the People cannot help themtelves ? But he hoped and be- lieved that there is a real difiiicJipn of QovetnmeiUs, and that the ( 205 ) the Subjects of all Governments are not in the fame wretched Condition that thofe of France and Turkey are in. He hoped we have not boaited fallly or vainly of our own Form of Government, that we are blefs'd with a Conllitution more happy than any other Nation in the World enjoys, that al- lows and fecures as great, and (lie hadalmoit faid) God-like Powers and Prerogatives to the Ciown as any wile and good Prince can defire, a Power of doing every thing that is Good and nothing that is 111, and at the lame time fecures molt va- luable Rights and Privileges to the People. What wife or good Prince, fadded he) would not rather chufe to reign over free Subjects, than tyrannize over Slaves t to receive a willing cheeriul Obedience proceeding from the Principles of Gratitude, Love, and intereit as well as of Du- ty, rather than a forced one, owing meerly to a Principle of Fear, the Principle from whence the Indians worfhip the Evil Spirits I My Lords, fuch a Frame of Government your Loid- lhips have receiv'd from your Anceflors , and 1 hope and trull, that in grateful Refpect to their Memory, and in ten- der Regard to your Polterity, [I fay nothing of our fehes, my Lords j for as for us who have the Happinefs to live un- der the Government of the belt of Princes that ever Heaven blefs'd a Nation with \ for us, I fay, were our Government as Arbitrary as any in the Eafi, yet 1 ihould think ourRights^ Liberties, and Properties, and whatever is molt dear and va- luable to us, as fafe as If they depended intirely upon Her Majelty's Gracious Will, as\hey are now they are lecured to us by our Laws, or ilronger Fences, if they could be made] but I fpeak in regard to thofe that are to come after us \ ana I do hope and trult, that as your Lordfhipshave receiv'd fuch an ineflimable Treafure from your Predeceffors, you willtranf- mit it inviolable to your Polterity. That he feared he tired their Lordfhips, but he mull beg their Patience a little longer, while he exprefs'd his Suiprize and Wonder that the Doctrine of PaJJive Obedience and Non- Refinance, 'in the unlimited Extent in which fome explain it, was lb diligently inculcated, and fo zealouiiy prefs'd at this Time. That PaJJive Obedience,he own'd,when truly Hated, is a truly Chriflian Duty, a perpetual Duty as to the Obligation, but tccafional as to the Pr alike of it. That Preachers go not ufu- ally, neglecting thepreiTing of other Duties of moie conitant Practice, lay out their lime and Labour in filling both Pages cf their Difcourfes with earneit Affertions and violent Ex- hortations to the Practice of an Occaiional Duty, unlefs they have fome near Profpect of an occafion for the Exeicile of it And yet, my Lords, continued he, has this one Duty b?en? of late, more frequently and earnestly aiTeited and ui- &■& ( 206 ) gcd both from Pulpit and Prefs, than all the other t)uties of Chriliianity : And what occafion for this does any one pre- tend to have in View? Can there be a Wretch fo abandon'd.^ fo loft to all Senfe of Gratitude and every thing that is good, as to be capable of admitting a Thought, that our gracious Queen has done, is doing, or intending to do any thing, that may give her Subjects occafion for the Practice of this Duty ? Has me not ever fince her happy Acceffion to the Throne, poftponed, facrirlced her own Repofe and Eafe to the Quiet and Happinefs of her Subjects ? Has ihe not clearly fhown that fhe has nothing fo much at Heart, as the Good and Prof- perity of her People, the true Intereft and Honour of Her Kingdom, Which Ihe has carried higher than any of her Roy- al PredecelTors ever did before her ? Has fhe not approv'd Her felf a true Parent of Her Political Children, by exercifmg as prudent a Care of, and exprefling on all Occalions as tender an Indulgence to them, as any natural Parents ever did to- wards theirs ? If then there be no Occafion from the Con- duct of our Prince, is there any Reafon from the Behaviour of Her People that may juftifie this extraordinary, and other- wife unfeafonable Zeal for this DocTrine ? Do the (excepting fuchas the Zealots for this Doctrine have excited to diiturb Jier peaceful Reign at home, by rebellious and dangerous Tu- mults and Infurrections,) fhew any Uneafinefs under Her Ma- Jelly's Government, or Inclinations to throw it off ? Do they not blefs their Glorious Queen and God for her ? Do they not on all Occafions exprefs their* grateful Senfe of the many ineftimable Bleflings they enjoy through her Administration ? Do not they conftantly offer up their devout Prayers to God for her long Life and happy Reign I Do they not willingly pay their Taxes for the Support of her Government, chear- fully expend their Treafure and Blood too in Defence of it ? "What then can be faid for fuch a Conduit which can have rio other natural Tendency than to create unreaibnable Jealou- lies of her People in the Head of our Queen, and groundlefs Fears of their Queen in the Hearts of her People, jealoufies in the Queen, that her Subjects are inclinable to rebel againft her, when the Clergy think it neceffary thus to prefs thefe Reitraints upon them 5 and Fears in the People, when their Paftois are fo induflrioully preparing them for Sufferings I He added, That he would not be thought to charge upon all that hold and affert this Doctrine, the Confequences which he might with too much Reafon charge upon fome of them } he meant fuch as did not allow Her Majeiiy's Title to the Crown, but refuted to take the Oaths to Her, or join in Prayer for Her, and had upon that account form'd One of the molt unaccountable Schifms that ever was made in the Church :' C 207 ) Church : That fome of thefe had engaged zealoufly in aflTert- ing this Do&rine ; and one of them in a Paper written in Vin- dication of it, had not been afraid to infinuate a Parallel be- tween the Cafe of Her Majcfly and the Pretender, and that of Athaliah and Joajk. Horrid Suggellion that would make one tremble .' What do thefe Men mean ? Any Service to Her Majefty ? No : The Confequences as to them are plain. If to Refill upon any Oc~ cafion whatever, be unlawful, be Rebellion, damnable Rebelli- on ; then the Revolution was Ribellion, and all that were con- cern'd in it are involved in that Guilt \ then we have con- tinued in a Rebellion ever fince ; then if we would avoid Dam- nation, we muft repent of that Sin -, but there is no true Re- pentance without Restitution, and if there muit be Reftitu- *tion, they will tell you what that is. That he would charitably hope, that the unfortunate Per- fon now in Judgment before their Lordfhips, did not intend to carry Matters to far : But he mult fay, his Doctrine as he had itatedand managed it, under his Head of Falfe Brother- hood, with relation to the State, did give too great a Handle for thofe that had fuch Views, to improve what he had faid to their Purpofes. That the Council for him had labour d to defend him againirt the Charge in this Article, by produ- cing a great many Quotations out of the Homilies, . Statutes,, and Writings of Divines, dead and living, wherein this Do- ctrine has been laid down generally. But they all allow'd that Cafes of extream NeceSity were always excepted out of this General Doctrine ^ and that tho' the Exception was not exprefs'd, yet it was always imply'd ^ And they allow'd far- ther, that the Cafe of the Revolution was a Cafe of fuch Neceflity : But how did they apply this to the Cafe of their Client ? Thus : They faid, that thofe Divines whom they had quoted, were never found fault with for alTerting the Doctrine in general Terms, not expreffing but tacitly imply- ing the Exception j Then they ask'd why mould the Doctor be charged for alTerting the Doctrine in General Terms as o- thers had done, not expreffing the Exception which they had not exprefs'd ? Why ihould not he be intitled to the fa- vourable Conllrudion of tacitly implying the Exception of Cafe? of Neceflity, fuch a Neceffity as they allow'd juftify'd the Revolution ? That indeed he ihould readily have admit- ted the Plea, if the Doctor had done no more than barely allert the Doctrine in general Terms, and his only Fault had been that he had not exprefs'd the Exception which he ta- citly imply 'd : But (added his Lordihipj has he done no more than this ? Has he not mention'd the Cafe of the Revo- lution, with no other Vi«w? as I can fee? thau to expofe it, net CaoS) Sot is an Exception out of his general Pofition, but an Ob^ jection againft it? Our Adverf arks, fays he, that is, thofe that oppofe his General Doctrine, think they have us fure, i. e, effectually confute that Doctrine, by ohyetting the, Revolution. This Objection mult fuppofe that there was Refiilance at the Revolution • for to fay that the General Doctrine, that it is not lawful in any Gate to reiiu\ is not tiue, becaufe the Re- volution was lawful, in which there was no Refiilance^ would be a wondeiful Objection indeed: 1 fay, Refiilance mull be luppos'd in the Objection, to make Senle of it. How; then does he folve this Objection ? Does he fay the Geneial Doctrine always implies an Exception of Cafes of Neceflity ? that the Revolution Was a Cafe of fuch Necellity, and there- fore that Necellity juitify'd the Refiilance at the Revolution ? No, but by advancing a itrange Pofuion (which he pioves, by as itrange a Medium) viz. That there was no Refinance at the Revolution : plainly implying, that if there was Rtjijlance at the Revolution, which every Body knows there was, the Revolution fiands condemn* d by his General Doctrine, So that I cannot fee that his Learned Council, who wanted neither Abilities nor Inclinations to ferve hirfy have at ail defended him againit the Charge in this Article. But this they have effectually done, they have given up his General Doctrine, if it admits of no Exceptions ; and thereby clear 'd the Revo- lution and the nee effary means whereby it was brought about, from thofe black and odious Colours which he endeavour 'd -to cait upon them. That after all, he could truly appeal to his own Hearty and a greater than it, the Searcher of it,' that he was not any ways prejudiced againft the Perfon ol the unhappy Pii- foner, but rather in favour of him, as he was of all Men in his fullering Circumitances, by a natural Tendernefs ("it may be a Weaknefs, but fuch a one as he could not help,) which never fuffer'd him, however obiig'd in juuice to it, to do a hard thing to any one however deicrving it, without doing at the fame time a hard thing to himfelf : And if their Lordfhips mould be of Opinion in the Conclufion of this Trial, That the Commons had made good their Charge againft him, he was fure he could come into as eafy a Sen- tence upon him as might be conlillent with the Honour and Juftice of their Proceedings, and with that which he took to be the chief End in all Punilhments, not fo much the hurting the Offcndei , as the preventing the like Offences, and hindring others from committing them for the future. But that Uiil there was furely a Tendernefs and Companion due to our Queen, our Country, and our Poiterity, all wnich iie humbly apprehended were highly concerned ia the IfTue of this Affair. That r 209 j That if Clergy-men may with Impunity publickly in their Sermons arraign and condemn the Revolution ; betides the Reflexions they cair upon all the worthy Patriots that were concerned in that great Work, the Commonalty, Gentry, and Nobility, Lords upon every Bench in this Houfe ; befides this, it mull fhake and Tap the very Foundation of our prefent Eilabliihment as it Hands upon the Foot of the Revolution, arid utterly deftroy our future Hopes in the Proteftdnt Succejjion, which is founded upon that bottom only. My Lords, (faid he in the Conclufion) I mull humbly as'< Pardon for having trefpafs'd fo long upon your Patience, and will conclude with this one Word, That in my Opinion, thefe praBifwgs of Clergymen fto ufe the ExprefTion of a great and eminent Prelate) in State Matters, are of that dangerous Tendency and Confeque?ice^ that if there be not fome effectual Stop pit to thefe PraSifings; thefe Pratlifngs will, in time, put an effectual End to our Conftitution, The Commons had therefore Reafon to bring this Matter in Judgment before ybur Lord- fhips, and I think they have fully made good their Charge in the firft Article of their Impeachment againlt D:, Sacbe- verelL Several other Peers, particularly the Eailof Wharton, the Duke of tkvonjbire , the Lord Chancellor, and the Lo.ds Sommers and Halifax, i])oke in Vindication of the late Revo- lution; maintained that in extraordinary Cafes Rejlflance is neceffaiy and lawful ; and concluded that the Commons hid made good the firil Article. The Archbifhop of fork, the Dukes of Leeds and Buckingham^ the Earls of Nottingham, Ro- chefler, and Anglefea, the Lords Gernfty, North' 8c Grey, and Carmarthen, and, the Bifhops of London, Rochejler, and Bath 8c Wells, who fpoke on the other fide, declared they never read fuch apiece of Madnefs and Nonfence, fas t)oiioi Sacbeve- reVs Sermon Preach'd at St. Pauls;) hit did not think hm guilty of d Mif demeanour : The Earl of Jnglefea adding, Hs never knew Nonfence to be a Crime. The D of L , who made a very long Speech, own'd he had a great (hart in the late Revolution, but laid lie never .thought things would have gone fo far ^s to fettle the Crown on the Prince of Orange. The Bifhop of Bath & Wells allowed what the Bifhop of Oxford had advane'd about the NecelTuy and Le- gality 6f Rejlflance in extraordinary Cafes \ but was ot Opini- on that Doftrine ought to be kept from the Knowledge of ths People who were naturally too too ajk to Refifl , and that the oppofite Dochine ought rather to be maintain'd and infore'd. After a long Debate this Queilion was proposed,- I That the Commons have ma^de good tneir rule Article of Impeachment againlt Henry SacheverelL Do^or inTQivinity. 0 o And C 2IO ) . . And after further Debate thereupon : The Queition was put, whether this Queition ihall be how J>ut. Which was Refolved in the Affirmative. Dilfencientj Becaufe we humbly conceive, there are no Reflections there- in contained on the Memory of the late King William not the Revolution, and that there is no OfFence charged there* in upon Do&or Sacheverell, againft: any known Law" of the Land. Hamilton, Rochejler, Lexington, Anglefey, Suffolk, Scarborough, Leigh, Nottingham^ Poulet, Guilford, Osbofne, North 8c Grey, Mar, larmoiith, N. Durefme, Scar/dale, Jfeflon, R. Ferrers, Jo. Ebor, Berkeley Str, W- Ceftriens, Geo. Bath 8c Ormonde, Guernfey, Plimouth, Wells. Shrewsbury, Thanet, ■Wemyfs, ■ Stawell, Buckingham, Jerfey, Leimj'Jler, Abingdon, Northesk, Conway 4 Jho. Roffen. Northampton, Say 8c Scale, H. London, Denhigh, Craven, Chandas, Dartmouth, Suffex, Weymouihs Beaufort, Haverjham, Berk/hire, Then the aiain Queition was put : • That the Commons have made good their firlt Article of Impeachment againft Henry Sacheverell, Doclor in Divinity. It was Refolved in the Affirmative. BifTentient, Beeaufe by the Laws of the Land, the Laws Dartmouth, of Parliament, and the inherent Right of Veer- Guildford, age, every Peer is to judge for himfelf, both of N. Durefme, the Fact, as well as of the Law, and cannoj be precluded from it, by any Majority, which indeed muff, determine the Cafe in refpect of the Criminal, but never did, nor can preclude any Lord from Voting the Party accufed, Guilty ox Not Guilty of the Fact, as well as of the Crime of fuch Fact. Suffex, Var mouihy W> CJriens, Conway, H* London, Iho, Roffen f Geo. Bath 8c Thanet, Wells, Northampton^ Berkjhire, Nottingham, 'Rochejler, Scarborough, Plymouth, Weymouth, Howard, Stawell, L^gh, ' Quern fey, Beaufort, Denbigh, Scarfdale, R. Ferrers, North 8c Grey, Osborne, Abingdon. Mdh (311 ) March 17th, Debates in the Houfe of Lords about the Second Article. The next Day, according to Order, the Lords took into Con fi deration the Second Article of the Commons Impeachment againfi Henry Sacheverell, Dotlor in Divinity, and the Lord Bijhop of Lincoln opened the Debate with a fine Speech , importing, T'heBiJljopof Lincoln's "T^HAT it was the Misfortune of Speech. \ lome of their Bench, that in the Profecution of the foregoing Article of this Impeachment, a noble Lord who fpoke very eaily to that Point, was plea- fed nor only to Anticipate their Judgment in that Particu- lar ; but to do it with this pretty Hard Reflection, That in giving it,, as He fuppos'd, they would, the/ mould Vote con- trary to their own Doclrme. That it was not improbable but that, in the Cburfe of the prefent Debate, another J) row might be drawn out of the fame * Quiver to moot at them, and they might be told, that in defending of the f Toleration granted hy Law to the Diffenters, they fhew'd themfelves to be^- poflatesfrom theirOwnOrder.But from both thefe Imputations lie was perfwaded, both their JVritiigs, d.nd their JftiottSj would fe- cure them in the Judgment of all indifferent Perfons. That the Subflance of this Second Article of the Impeach- ment, which their Lordfnips were now about to. enter upon, was this: That Dr. Sacheverell 772 his Sermon doth fuggefl and maintain, That the Toleration granted hy Law, is Vnreafonable, and the Allowance of it unwarrantable. That he is a Talfe Bro- ther with Relation to God, Religion, or the Church, who defends Toleration, and Liberty of Conference. That §K Elizabeth was deluded by Arehbiffjop Grindal to the Toleration of the Genevian Difcipline : And that it is the Duty of Superior Fajlors to thun- der out their Ecclefiajlical Anathema's againjl Perfons tntituled to the Benefit of the Toleration ^ and infolentty dares, or defies, any Power on Earth to reterfe fuch Sentences. That this was the turn of this part of the Commons Charge againft Dr. Sacheve- rell, and he thought the Managers had fully made it out j not by bare Intendments, by unneceltary Implications, ancS forced Conilructions 5 not by piecing together broken' Sen- *'See Dr. SacheverelVs Anfwer to the Firft Aiticle of Im- jachment. His Speech, Fot. Pag. 23. f Dr. S.'Awverelt's Sermon at St. Paul's, Page 8. O a z teuces ( *fz ) fence?, and Conjoining of diitant and independent Paffagefr, (as he had .unjuiUy ComplaiVd ;) but by the plain AVords, and necelTary meaning, of a \eif great Part of his Dil- coutfe. But before he troubled their Lordfhips with the Proof of this, he de£red leave, upon this Occafton, (tho* it were no part of the Impeachment laid againffc the Preacher) toobferve to their Lordlhips what a iirange Account he had thought ht to publiih of that other popular Engine, which, he faid, had been made ufe of * to pull down the Church, and which lie cal- led by the Name of Com pre hen (ion. That the Perfon who firft concerted this fuppofed Defign againft our Church, was the late molt Reverend Dr. Saner of t% then Archbifhop of Canterfrqijm The Time, was towards th^ End of that unhappy Reign, of which fo much was laid up- on the Occafiou of the foregoing Article. Then, when we were in theheighthof our Labours, defending the Church of England againlt the Affaults of Popery, and thought of no- thing elfe 5 that Wife Prelate foreseeing fome liich Revoluti- on as loon after ^as happily brought about, began to conlider how utterly Unprepared thty had been at the Reftoration of King Charles the lid to fettle many Things to the Advantage of the Church ; and what a Happy Opportunity had been loft for want of fuch a previous Care, as he was therefore de- iirous mould now be taken, for the better and more perfect F.flabHfhment of it. I* was vihble to all the Nation, that the more moderate Diffenters were generally fo well fatisfied with that Stand which our Divines had made againft Popery, and the many unanfwerabk Treatifes they had publiuYd in Confutation of it, astoexprefs an unufual Readinefs to come tn to us. And it was therefore thought worth the while, when they were deliberating about thofe other Matters, to confider at the fame time what might be done to Gain Them, without doing any Prejudice to our felves. That the Scheme was laid out, and the feveral Parrs of it were committed t not only with the Approbation,, but by the Direction of that Great Prelate, to fuch of our Divines as were thought the molt proper to be intrulled with it. His Grace took one Part to Himfeif : Another was committed to a then Pious and Re- verend | Df-an, afterwaids a Bifhop, of our Church. The reviewing of theDaiiy Service of our Liturgy, and the Com- munion-Book, was referr'd to a Select Number of Excellent Perlbns, |J two of which were at this time upon our Bench ; ;md would, he was lure, bear Witnefs to the Truth of his — . _• — -3 F Sermoiv p3g. -r6. jy. f Dr. Iatrick Bilhop of Ely. (j The Archbiihopof 2'ork, and Bifhop of Ely. delation- X 21? ) Relation. Tliat the Defign was, in fhort, this: To improve, and, if pofilble, to inforce our Difcipline \ to Review, and Enlarge our Liturgy ; by Corre&ing of fome things, by Ad- ding of others ; and, if it fhould be thought advifable by Authority, when this Matter fhould come to be legally con- Uder'ti, nrft in Convocation, then in Parliament \ by leaving fome few Ceremonies, confels'd to be indifferent in their Na- ture*?, as Indifferent in their Ufage, to as not to be necelTarily Obferved by thofe who made a Scruple" of them \ till they fhould be able to overcome either their Weakne(Tes, or Preju- dices, and be willing to comply with them. That how far this good Deiign was not only known to, but approved of by, the Other Fathers of" our Church ; that famous Petition for which Seven of them were fent to the Tower, and which contributed fo much to our Deliverance, may furfice to fhew. That the Willingnefs they there declared of coming to fucb a Temper as fhould. he thought fit with the Dijfen- ters, when that Matter Jbould bp confided d, and fettled ', in Par- liament and Convocation, manifestly referr'd to what was then known to feveral, if not all of theSubfciibers, to have been at that very Time under Deliberation. And that nothing more was intended than he had before faid, was as evident from what was publickly declared in a Tieatile purpofejy writ- ten to recommend the Defign when it was brought before the two Houfes of Parliament, in the Beginning of the late Reign ; and Licenced tyy the Authority of* a Noble Peer, now prefent, who was at that time Secretary of State : In the very Beginning of which there is this Remarkable Pal- fage, which he begg'd leave to read to their Lordfhips: * No Alteration ^ that 1 know of, is intended hut in Things declared to be Alterable by the Church it feif. And if Things Alterable be Altered upon the Grounds of Ptudence and Chatity •, and Things defehive be fupplied ; and Tbbizs Aha fed be Reftored to their pro- per Vfe } and Things of a more Ordinary Compaction, Reiifed and Improved; wh'iljl'the Doctrine, Government, and Worfhip of the Church remain intire, in all the Subjlantial Parts of Them • We have all reafon to believe that this will be fo far from injuring the Church , that, on the contrary, it Jba'il receive a vet y great Be- nefit by u. And now, my Lords, added he, let any impartial Perfon Conlider, what was there in fuch a Deiign that could be juitly eiteenVd prejudicial ro the Comtitutiou of our Church ? Wherein would oui Cauons have fuffer'd, if Thole already * A Letter to a Member of Parliament in favour of the Bill tor UNITING PROTESTANTS : Lkenleri by the Command of trie ta;i of Sbfewsbuij : April I. 1680. Ja. Vernon* fag. z, O 0 3 made. (2f4) made, had. been more flrongly Enforced; and feme New U Jiad been Added, for the Reformation of Manners; for the better puniming of Notorious Offenders; and to render our Publick Difcipline more itricl, and fevere? This we have; been Wifhing for, ever fmce the Reformation: What Harm would it have done our Church had it now been Effe&ed ? Or how would our excellent Liturgy have been the worfe, if a few more doubtful Expreflions had been Changed for plain- er, and clearer; and a paiTage, or two, which however ca- pable of a juit Defence, yet in many Cafes feem harfh to fome even of our Own Communion, had either been wholly left at liberty, in fuch Cafes, to be Omitted altogether; Or been fo qualified as to remove all Exception againlt Them in Any Cafe, If fuch Collects, as are not yet adapted to the Festivals, or Gofpels, to which they belong; had been made more full, and appoiite to Both : If fome of the Occafional Offices had been Enlarged ; and New Ones Added : If, for Example, there had been a greater Variety of Prayers, ffalms, and LeiTons appointed by Authority, initead of the' Competitions of private Perfons, now neceiTarily to be ufed, for the Viiltation of the Sick ; and New Forms compofed for the Ufe of Prifoners for Debt or Crimes ; For the greater So- lemnity of Receiving Profelytes into our Church; Of Recon- ciling Penitents to it; and cf Calling Notorious Offenders out of it. Thefe were fome of the main things that were then dehgn'd : As for aWy favour to the DitTenters, None, that I know of, was intended, but what fhould have been intircly confident with our Own Conllituri.on : And I hope it will not be thought any Crime for the Biihops, and Clergy of our Church, to be willing to enlarge its Communion, by any Methods which may be likely to Gain Others, and yet not injure our Own Eilablithment. But to fatisrie their Lordfhips that nothing could have been deligned to the Detriment of the Church; he deiired them farther to confider, how what was thus at rirrt project- ed in private, by felecl Perfons, and in a difficult time, when no countenance was to be expected from Authority to any fuch purpofe; was afterwards, if ever, to have been brought to Maturity. And this being a matter of publick Notice, the relation of it would admit of no Exception/ That no fooner were their late Majeities, of Glorious Memory, 'feated in their Thrones, but this Deiign was openly Efpoufed by them. A Commiflion was ilTued out, under the Great Seal of England, to a large number of Biihops, and other Eminent Divines, to meet together, and to collider of thefe Matters. tVhat they did, having not had the Honour to be one of them, he fhould not prelume to lay. This, fa id he, we know, that v/hatever they did, it was to have been carried ( 315 ) on from Them to the two Convocation? of Canterbury and fork : And after it fnould have pais'd their Approbations, it was finally to have been laid before the two Houles of Parliament, and fo to have gone on to the Royal Afientj This, my Lords, was the Courfe thro' which all that was defigned, or ihould have been done in this matter, muft have pafb'd • and I am perfwaded nothing very injurious to our Churches Welfare, will ever be able to pafs thro' all thefe. That Having thus given their Lordfhips a true account, of that Defign which Dr. Sacheverell mentions under the name of Comprehenfion ; he doubted not but that their Lordfhips will now be amazed to hear, what a falle and fcandalous Report he had made of it. In the 16th Page of his Sermon, he thus fpeaks of it : The worft Adverfaries of our Churchy fays he, were to be let into her Bowels under the Holy Umbrage of Sons ; who neither believed her Faith j own'd her Million • iubmitted to her Difcipline; or Complied with her Liturgy. For tlx admit- i?ig of this Trojan Horle, big with Arms and Ruin, into our Ho~ ly City, the Straight Gate was to be laid quite open\ Her W'alls and Enclofmes to be pill(d down ^ and a High-road made in upon Her Communion. Her Articles to be taught the Confujion of all Senfes, Nations, and Languages. Tliat this is a very ltrange Reprefentation of fo Good a Defign, as that he before re- counted to their Lordlhips. Yet this Reprefentation did this bold Man, as confidently, as fahly, make of it in the Houfe of God j and publifh to the View of the whole Nati- on. For thus he goes on : This pious defign of making oily Houfe of Prayer a Den of Thieves, of Reforming ou) Church in- to a Chaos j is well ki:ow7i to have 'been attempted fever al times in this Kingdom, and Lately within our Memory , when Alt things feem\l to favour it but that Good Providence which fo happily interpofed a^ainft the Ruin of our Church, and Hoped the long projected Scheme cf thefe Ecelefiafiical Achitopnels. To fay nothing more of the Defign it felf, of which I hive given an Account before, Pray, my Lords, (added the Bilhop of Lin- coln) who were the Achithofhels that projected it j and mult have concurr'd to the Execution of it?' I hav~ already na- med the Firft, and Chiefeft of them, the lare Arc.ibuhop Saner oft. The next who openly approved of it, were me Commilfioners who met upon it m the Jeru fed em Chamber : A Set of Men, than which this Church was neve;, at any one time, blefs'd with either wiier, or better, Hike it was a Church! * Who it was that Prelided in the Corrvocai oi this Province, to which this Piojecf wk6 next to \x ferr'd 5 and wno, had it gone on, muit have had a cruet * The Lord Eiftsp of London, O o 4 jn the Management of it, I need not fay. Every one who knows any thing at all of his Character:, (and I am fure your Lordfhips are none of you Strangers to \x.) knows him to be too good a Friend to the Eitablifhment of our Church, to have been capable of being engaged in fuch a Villainous De~ fign, as Dr. Sacheverell pretends, for the Subverfion of it. Or had He been otherwife, yet ftill the Major part of that Ve- nerable Body muft have been as great' Jchithophels as himfelf, or no Harm coiild have been done by him. Pardon me, my Lords, if the Courfe of my Argument obliges me to rife yet one Degree higher, and to fay that the like Majority of your Lordfhips, and of the Houfe of Commons, together with his late Majefty, muft All have come into the Plot againlt the Church ; or all the Skill, and Malice, of the Inferior A~ cbubopbels, would have figniSed nothing. And what Cen- fure that Man deferves wno has the Confidence to infinuate to the World, that the Bifhops, the other Clergy, the Con- vocations; the Parliament, nay, and the late King himfelf, our Glorious Deliverer ; Or at leaft the greater part of all thefe,were engaged in a Project fo Ahnjlvous, fo Romantic, and Jbfurdy (for here I am content to uie his own Expreflions) that it is bard to fa) whether it had more ofVillany, or Folly ', hi *#, I mall lubmit it to your Lordfhips to confider, Ail I de- fign in taking notice of this part of his Sermon, is only to clear ,the Memory of many excellent Perfons who are dead \ and to vindicate the Reputation of fome ftill living, and in the higbeit Stations of the Church ; from that Load of In- famy which this Rafh Man has with fo much Virulence of Speech call upon them: . And to let your Lordfhips fee that nothing was intended in all that Affair but what was both Honourable to thofe who engaged in it ; and I am perfwaded would have been for the Interelt and Peace of our Church and State,, had it been accomplifh'd. j That he came now to that which was the proper Subject of the prefent Debate; nameiy to. offer fuch Paffages to their Lordihips, as he humbly conceived did plainly and fully, make out the Second Article of the Commons Impeachment againft thePreacher;and prove him to have fpoken with more freedom than he ought, not only of the DifTenters themfelves, but of the Toleration, or (as he had rather they ihould call i%) the Indulgence granted by Law to them. . That it was, not deny'd either by his Council, or Himfelf, but that he had fpoken, .and fpoken with warmth too, a- gainft Toleration: Theonly Queiiicn was, What the Tolera- tion is againft which he (pake? Whether it was that which has been granted by Law to the Diifenters ? Or whether it was only againU a. general Toleration of Jtheifis, Deifts, Soci- *:am: Meg of no Prineij>IeSj perhaps of no Keligion ? Or at .... . molt ( 217 ) ivjoft againft fuch of the Di (Tenters as abufed the Indulgence granted them by Law \ and made ufe or it to Purpofes not a; all warranted by it ? That the former of thefe the Commons. pharged upon him: The latter the Dottor pretended ; the better to clear himfelf of their Charge. That to determine this Point, he muir in the firft place beg leave to obferve, that among the feyeral forts of Falfe-Bre- thren, enumerated by the Preacher with relation to God, Re- ligion, or the Church ; the Second kind is of thofe, who give up any Point of the Churches Discipline, and Worfhip. Page 8. To this he adds, that thofe are Falfe- Brethren who de- fend Toleration, and Liberty of Conference. And that we may the better know what Toleration, and Liberty of Con- fcience, He means ^ He fpecifies the very Perfons to whom He jefers, and of whom He fpeaks ; the Dijfenters : If, fays be, flf comply with the DitTenters both in publick and private Jffahs, as Perfons offender Confcience and Piety, to promote their Inter efts in Elections' $ to fneak to them for places and preferment, to de~ fend Toleration and Liberty of "Con fcience, and under the pretence of Moderation^ exevfe their Separation, are the Qiterions of a true Church Man\ God deliver Us All fom fuch Falfe-Brethren. The Toleration therefore, and Liberty or Conference, againit which he fpeaks, muft necelfarily be that of the Dijfenters^ thofe who Separate from our Church : He names no others; but carries the fame Perfons thro' his whole Sentence, both, before and after thofe Lxpreflions. Either therefore it is no Reflection upon the Ad of Indulgence to fay that all thofe who defend the Toleration of the Dijfenters, and are for al- lowing Liberty of Confcience to them, are filfc- Brethren with relation to God, Religion, or the Church, Page 6, 7, and fuch againft whom we ought to pray to God to deliver Us All, Page 8: Or if this cannot witn any reafon be eiiher faid, or fuppofed, then it mult remain, that Dr. Sacheverell has here' faid what the Commons charge him withal ; and that in ex- prefs terms, viz. That He is a falfe Brother who defends the Toieiation, not of Deifls, Socinia7is, and I know not what Monlters of Irreligioh, but of the Dijfenters; Thofe fame Dif- f.nters who by the A& of Indulgence have a ri^ht to that Liuerty of Confcience of which this Gentleman fpeaks fo very hardly ; and prays God to defend Us- from all fuch Falfe-Bi e- thren as fhall prefume to excufe it. But not to infill upon a flngle PatTige which might be fup- pofed to have drdpt unwarily trom him. In the Second pait of his Sermon, He proceeds to (hew the gseat Ptiils and Mif- chiefs of thofe Falfe-Brethren, againft whom he was befoie f.ieaking, both to the "Church and State: pag. 15. And that Thefe again are the fame Perfons who have a right to the Le- gal Indulgence is fo tery ckar, that 1 do not ice how rt is poffiule (218) pofiible for any one to make the lead doubt of it. Pag. 18. He defcrjbes them as Occafional Conformifts to the Church. Pag* 19. As thofe who had the Old Leaven of then Fore-fathers Jlill working in them: And, in the next Sentence, He exprefly rakes notice of the Religious Liberty which our Gracious So- vereign has Indulged them. This in the very fame Sentence He calls their Toleration : ( for the Doctor himfelf is not tied up to any Niceties of ExprefTion ; He may call it fo, tho' O- thers may not :) Thefe are the Perfons, and the only Perfons, of whom he fpeaks in all that part of his Difcourfe , let us fee what he fays of the Indulgence granted by Law to them. And firft, he tells us. Page 18. That it cannot be deny'd, hut that thoy they do fubmit to the Government, their Obedience is forced, and conftrav/i'd^ and fo treacherous, and uncertain, as ne- ver to be tiufted. That they are as much Occafional Loyal ifts to the State, as they are Occafional Conformifts to the Church \ and will betray either whenever it is in their Tower, and they think it for their Advantage, that nothing but a Sottiftj Infatuation can fo far blind our Eyes and our Judgments, as to make Us believe that the fame Caiifes Jhould not produce the fame Effetls \ that the fame Latitudinarian and Republican Notions, ftould not bring forth the fame Rebellious and Pernicious Conferences. That we (hall be convinced to our Sorrow, if we don't apprehend that the ** Old Leaven of their Fore-fathers is Jlill working in the prefent Ge- neration j and that this Traditional Poyfon fill remains in this hood of Vipers to fting us to Death. That they have advanced thcmf elves from the Religious Liberty which our Gracious Sovereign 7jos Indulged them, to claim a Civil Right ; and to jujlle the Chinch put of Her Eftablijbment, by hoiftvg their Toleration into its Place. That to convince us what alone will fati.fte them., they infolently tlemand the Repeal of the Corporation and Teft Jtts, which under HerMajefty is the only Security the Church has, to depend upon ; And which fit we may believe Him,) They have fo far eluded by their abominable Hypocrific, as to have undermiud her Foundations, and endanger the Government, by filling it with its proftffed Enemies. His meaning is plainly this ; that the Dijfenters, whom we are fo fooiilh as to Indulge, a parcel of Falfe and Treache- rous Perfons; Enemies both to our Church and State, and l'uch as if not timely fupprefs'd, will convince us to our Sor- row of the weaknefs and tolly, of taking fuch Vipers into our Bofom, as watch only for a fair Opportunity to iling us to Death. but what then mutt we do to fecure our felves again ft thefe dangerous Enemies? Why hrit, the Doctor allures us, that they are never to be gain'd by any favour that can be fhew'd to them. * That he mujl be vefy V/jak, or fomeihing worfe, that:. * Serm. Page 10. thinks 7 f 219 ) thinks, or pretends, that the Dijfenters (for of Thefe lie fl ill fpeaksj are to be won over hi any oth&r Grants and Indulgences than giving up our whole Conftitution. This fhews the iuiiy of trying the fort way of Indulgence with them : And therefore he concludes • That He who recedes the leajl tittle from it (our Conftitution) to fatuf.e, or ingratiate' with, the fe Clamorous, In- fatiable, Church- devour mg Malignants, knows not what Sprit they are of ', or he ought to jhew who is the true Member of our Church* This I think, (continued the Bifhop. of Lincoln,) comes ful- ly up to what is objected againlt Him ; namely, that Doctor Sacheverell, does in his Sermon fuzgeft and maintain, that the To- le) at ion g) anted by Law is UnreaJ'onabley and the Allowance of it Unwarrantable, For lo it mult needs be, if the Dijfenters be fuchMen as he tells us they are; and will be fatisfy'd with nothing lefs, than he allures us they will. And yet what next follows, is, if poflible, ftill more exprefs to the fame purpofe. It is objected againit him by the Commons, that He had afiinrfd in his Sermon, That ghieen Elizabeth was deluded by Archbifiop Grindal, (whom he fcurriloujly calls a Falfe-Son of the Chinch, and a terfidious Prelate-^) to the Toleration of the Genevian Difcipline. The Fact is not denied ; bur the Ex- pieiHons are excus'd ; and the Truth of the Allegation is en- deavoured to be made out by Hiitorical Memoirs: And it is hoped that your Lordiliips will not account it a High dims and Mifdemeanour, to have fppken too hardly of a Prelate who has been fo many Years in his Grave. I am, my Lordo, very far from thinking, that the Com- mons ever intended to charge Dr. Sacheverell as guilty of High Crimes and Mifdemeanours, for lpeaking fcandaloully of that Good Archbilhop. Their Concern was not for His Peribn, what refpecV foever they may have had (as all true Friends of the Reformation mult needs have a very great One^) for his Memory. But the Truth of the Matter is this. The Preacher complains Page 19. of his Sermon ; that Queen £- lizabeth was deluded by Archbilhop Grindal, to the Tolerati- on of the Genevian Difcipline. He adds, that the Archbifijp was a perfidijits Prelate, for deluding her to Tolerate that Disci- pline. That fie found it fuch a Heddfirong and Encroaching Mon- ger, that in Eight Tears fie Jaw it would endanger the Monarchy Lis well as the Hierarchy : And like a Qiieen of true Refolutio'k, and pious Zeal for Both, fie proiuu need that fuch were the reftlej. Spirits of l us People *", that no quiet was to be expected from.,tl>eitL )ey were utterly fupptejs'd. That this therefore ■■:ut Princefs, fie did by wholefome Seventies-^ and the Ejfecl. was, that by this means the Crown for many Tars fate eafie S^r.n, Page jq. and ( 220 ) find fourijbing on her Head, But that her Succeffbr, King James. did not follow her Wife Politicks: And the Refult was as De- plorable on his Side, as it had been Glorious on Hers. For by this means, Mis Son fell a Martyr to their Fwy : His unhappy Offspring, fufer'd fuch difajlrous Calamities, as made the Royal Family one continued Sacrifice to their Malice. And all this for want of thpfe wholefome Severities which the wife Queen liis Predeeeffor, had Ufe'd utterly to fupprefs that Factious People. This, my Lords, is the Dolor's Narrative, and I have given it you in his own Words. Trie Application is plain, and home. The Dijfenters are now again Tolerated, as they were heretofore under Q. Elizabeth. There is a perfidious Tre- hue (perhaps in his Opinion a great many") who, like Arch- Bilhop Grindal, help to delude another Queen, into the To • Juration of them. Thefe Eight Years paft (Tor the very num- ber of Years is remarkable^ Her Majelty has born the reltlefs {Spirits of this Factious People j and had no quiet from them. It is now high time for Her to alter Her Meafures, as Queen Elizabeth wifely did. It is the only way to make the Crown iit Eafie, and Flourishing, upon Her Head. And if this be not plainly to fpeak out what he would have done with the j(& of Indulgence, I mult deipair of ever being able to know any Man's meaning by his Expreilions. Such Examples are not only the molt likely to'inforce, but the moft proper, and lively Methods to convey a Man's Senfe,. even to the dullelr. Capacity } and make him clearly perceive if not what he ought, yetl amfure what the Preacher would have him to do. The truth is, fo plain was his meaning, that he himfelf began to fear that he had gone a little too far in what he had faid of this Matter. And, for that realbn, he added that Qne, poor Sentence which immediately follows, and of whicii he has made fuch good Ul'e fiuce : That he would not be Mifunderfiood as if he intended to Caft the leafi Invidious Refle- ction upon that Indulgence the Government had condefctnded to give them, (the Dijfenters : ) But what then did he intend by all this bitter Invective againlt them :, and that very Injlru- &ivc piece of Wflory with which he concluded it ? He 4 has 4 told us that the Diifenters are Falfe Brethren \ Deftructive . * both of our Civil and Ecclefiafiical Rights. That they are ' Occafional Loyalijls to the State, as well as Occafional Confor- <■ mijlf to the Church -^ and will betray both, whenever they * have it in their Power, and it mail be their Interelt, to do * it. That it mull be a Sottiih Infatuation to believe that 1 fae lame Latitudinarian, and Republican .Notions, mould 1 not biing forth the -fame Rebellious, and Pei niciutis Conie- * ouences : Tnat we mafi be convinced to our Sorrow, if we * Cq not apprehend that the Old Leaven of their Fore- fathers, * is . ( 221 ) * is ftill working in the prefent Generation : That they have * already made dangerous Encroachments upon^the Govern-* * ment j and publifcYd Treafonable Reflections upon Her Ma- * jefty : That they have advanc'd their Indulgence into a Ci- * vil Right, and juftled the Church out of HcrEibblifhment, ' by noilting their Toleration into its place : That They have * by their abominable Hypocrifie undermined the Foundation * ol the Church, and endanger'd the Government, by filling it * with its profefs'd Enemies : Tnat they are Clamarous, Infa- * tiable, Church- Devouring Malignants ; whom no other * Grants, or Indulgences can Win over but the giving up 4 our whole Conititution : That ever iince their firft unhap- 4 py Plantation in this Kingdom, they have Improved, and * Rofe upon their Demands in the PermiiTion of the Govern- * ment : That Queen Elizabeth, who Tolerated them for Eight * Years tog ether, was forced at lait to fupprefs them by whole*. 4 fome Severities : That this made he: Crown fit Eafie and 4 Flour ilhing on her Head \ whereas King James the Firft by 1 not purfuing the like Methods ruined the whole Royal Fa- * mily : That nothing better could be expected from fucii 4 Mijcreants, begot in Rebellion, Born in Sedition, and Nurfed 1 up in Faction : All this Dr. £ has faid in thefe very plain, and emphatical Words. If he did not intend by all this to ihew the Neceility of SuppieiTmg thefe Factious People, thefe Vipers, who are juft ready to iting us all to death, I would be glad to know what it was that he did Intend by it ? Could he fay all this, and with fuch a lingular ftrain oi impetuous Eloquence, and yet not intend to cj.fi fo much as the leaB i*»i- dious Reflections upon that Indulgence which the Government Sat thought fit to give them? I muit freely own,my Lords I could ne- ver have imagined this : Kay I mull be excuied if I add/TLac notwithstanding this poor Evafion, I cannot yet believe it. But the Aft of Indulgence ftood in his way : That Act the Queen had declared her Refolution to maintain : Your Lord- fhips and the Commons had often {hewn your StedUinefs to the fame Effect. Even thofe who prefs'd fo violently againit Occasional Communion, yet thought it neceiTary to fav, in the very Preamble of that Bill, that the Aft of Indulgence ought inviolably to be Obferved : And therefore Dr. S. thought it needful to add fome what that he knew would not take off any tiling from the torce of his Invective j yet might ferve to excule the Severity of it :, and be made ufe of to the purpole it now is, if he mould cnance to be call d to Account for it. This, my Lords, I conceive to be the true meaning of that one iingie Fallage, fo utterly repugnant to all the ref: of his Lhfccurle : .Nor can I put any other Interpretation upon it. Foi bad I the fame Opinion of thtft Men, their Principle;, 21' J. ( 222 ) arid their Defigns, that Dr. S. has -, I fhould be To far frbrii thinking them fit to be Indulged, that I fhould account it my Duty, and the Duty of every true Friend to our Church and Government •, to take the lame Methods of Wholefome Severities with them that Queen Elizabeth did : And I hope by God's Grace that ihould I be quettioned for it, I fhould not diffemble my Opinion \ but fhould have the Courage ho- iieitly to own it, whatever I might chance to fuffer tor it. He added, that he had infilled the longer upon this part of the Doctor's Sermon, becaufe he would not willingly tall un- der the Cenfure of picking out disjointed Sentences, and put- ting them together horn diilant Places, that fo he might the better draw a Senfe out of them, contrary to his meaning.* That he fhould trouble their Lordihips but with one parr more of it, to the fame Effect \ Pag. 24, 25. Where he comes to conlider, what fhould be the Refultof his long Difcourle ? Which he fhould read to their Lordfnips in his own Words, Pag. 2$. * Let us therefore ('fays hej as we are unhappy * Sharers of St. PauVs Misfortune, to have our Church in ' Perils amongfl Falfe Brethren, follow his Example, and Con- * dud in a Parallel Cafe. He tells us in his Epfile to the Ga- 1 Lilians, chap. 2. That he was obihucted, and pellerd in * Preaching the Gofpel, by Falfe- Brethren unawares brought in, * who came privily to fpy out his Liberty which he had in Chrift 1 Jcfus, that they might bring him into Bondage. To whom he i gave place by Subjeclion, no not for an Hour, that the ttitfb of * the Gofpel might continue with the Chinch, Doubtlefs this * brave and bold Refolution, did the Apoille take by the pe- * culiar Command, and Infpiration of the Hoiy Ghojl : And * yet if Our Uffenters had lived in thofe Times, they would t have branded nim as an Intemperate, Hot, Furious Zealot ^ * that wanted to be fweetned by the gentle Spirjt of Charity, 4 and Moderation forfooth. That here they had again the Perfons of whom the Preacher fpeaks : They are Our Difjen' fyrs j" not the Veifts, Jtheijis, Socinians, HypQoitcs, of our times. And accordingly, what follows.plainly refers to them : For thus he goes on, 4 Schifvi and Fattion are Things of Im- * pudent and Incroaching ^Natures: Take PermiJJions for Power -^ ( and advance a Toleration, (for fo the Dr. is itill at Liberty ' to call, what we mufi; ftile Indulgence) immediately into ail * Eitablifhment.That their Lordihips would pleafe to obferve, by the way, that this was the veiy thing he had before faid of thefe lame Perfons, Pag, 19 5 and thereby plainly fhewb, that he fpeaks in both Places of thofe Dijfcntcrs who have a right to the Toleration, or Indulgence, granted by Law to Pro- tcjlant Dijjcnnrs. Let trs new, added his Lordfiip, hear what he would have done with them. Why he would 'nave them i created (223 ) 6 'treated like Growing Mifebiefs ; or Infe&ous Plagues ; kept « at a diftance, leaft their deadly Contagion fpread. And the Method he propofes in order thereunto, is this, Let vs there- fore, fays he, have no Fellowjhip with thefe works of Darknefs : but rather reprove them. Thefe Works, Schifm and Fdttion ; For of thefe, and thefe only, he here fpeaks. This is the Peoples part ^ and the Inferiour Pallors : As for the Superiour Faflors, let them do their Bitty, in thundering out their Ecclcfiafiical Ana- thema's agd'm/t them. Againft whom, my Lords ? What works of Darknefs ? Still the fame he before mention'd : Our D\ff en- ters, thofe are the Perfons : their Schifm and Fatlion j thofe are the works of Darknefs to which he refers. And let any Power on Earth dare reverfe a Sentence ratify d in Heaven. That this was the lait part of the Commons Impieachment upon this Second . Article : And 'twas fo plainly expreffed by the Preacher in this Paffage, that his Lordihipi conrefs'd it amazed him toconfider with what Politivenefs he had thought fit to deny that any fuch thing was meant by him. That the Perfons whom the Superior Taflorszxe fummon'd to Anathe- matize, are the fame with thofe, whom the Other Pafiors and People, are to have no Fellowfhip withal,but to Reprove.Thefe, by the necelTary connexion of his Difcourfe, are Our DijfeT:- ters ; whofe works of Darknefs, he ftates to be Schifm, and Fatlion : Thofe Dijfenters to whom the Government hath granted a Toleration -y as himfelf, in the fame Pallage takes notice. Which being fo ; he fhould leave the Dr. to Deny, and Proteft, as he pleafed ; but when all is done, his own words would rife up agaiult him,and appear to every impartial Per fon fo plain, and pofitive, as to put it beyond the Power of any artificial Interpretation to perplex the meaning o£ them. And this/a^ he in the Conclvjion, lets us into the true Ap- -plication of thofe PalTages of Scripture, with which he con- cludes his whole Difcourfe : In which, having fhewn the Danger of our Church from thefe Falfe- Brethren, and exhorted his Auditory to a ileddy Courage and Refolution in the De- fence of it $ he thus at once both inforces his DocTrine, and abufes his Adverfaries. That tho' the Church (Tor to that he applies, what f ZecharUh fpake of the Falfe Prophets that feduced the People) lies bleeding of the Wounds which Jhe has received in the Houfe of her Friends : A Paffage full thrown at my * felf, for Defending the Piece's Authority, when feme" fZech. 15. 6. * &e Dr. A's Rights of an ^/^Convocation : Title Page. of am bf thefevery Men engaged as vehemently on the fide qf Lit ierty, againit the Rights of the Crown, as they now pretend to Hand up vigoroufly for it , || Tho"* the Ways of Zion may mourn for a time ffo the Dr. Glofles upon the Text) a7id her Gates be defolate \ her Priefts fgh j and fhe in bitternefs, becaufe (it is the Preacher's Reafoh, the Text has no fuch Wordj Her Jd- veifaries are Chiefs he means, in the Adminiflration under Her Majelty ; and Her Enemies athrefent profper ; (fo he again improves the Text ; in hopes, I fuppofe, that it will not be long before he (ball have Preach'd them out of their Places : } * Thai* among all her Lovers Jbe has Few, fthe Prophet com- plained that Jerusalem had none J to Comfort her ; and many ( Jeremiah faid all) have dealt treacheroujly with her, and are be* come her Enemies ^ (he refers to thole of whom he had bet'oie" fpoken Pag. 22.) •(• Th'o' there are few to guide her among all the Soiis which Jbe hath hought forth ; neither are there many to take, her hy the Hand of all we Sons that pe hath hought up j (I;aiab in both places, fays none : ) The? her Eneviies cry dowii with her, down with her, even to the Ground : That is, in other Words, tho1 fthe Preacher, and a few of his Friends, excepted^ both the Fathers and Paftors of the Church ; and the Men who are at prefent in Power, and Authority, in the State, are be- come Falfe-Biethren, and run in with thofe Enemies of the Church, Our Dijfenters, againft it ^ let there is a God that can$ and wili raife her up, if we for fake her not. It were an eafie matter to make many proper Remairks upon thefe PafTages of Scripture, thus applied, or rather abufed, by the Preacher : Btit that would be befides my prefent Bufi- nets ; and will fall in more properly under the tafi Article of this Impeachment. It is enough that I have, I hope, fully ihewn your Lordfhips how Dr. Sdcheverell has tieated if not the In- dulgence it felf, yet I am fure, Thofe who are entitled to the Benefit of it : And who if they (hall have the Misfortune, by this kind of Preaching, to be once generally thought fuch Wicked, Falfe, and Dangerous Enemies to our Chinch and State as they are here represented, I cannot think that their Indulgence will hold. long. If they have Numbers to fecuie them, it is well for them : But otherwife f am lure as the Cafe is here Hated, it muft be our Wifdom\ as well as Duty, to fuppreis them. How Criminal fuch an JnveBive as this wiil be accounted in the Eye of the Law, I dare not prel'ume to fiiggeft : much lefs lhall I pretend to intimate what Ccnlure it may defer ve. H Lament. 1. 4, 5. * Latent. 1. 2. f Jfa. ^1 i2,' Some- ( 225 ) Somewhat I think fliould be done to put a flop to fuqk Preaching, as if not timely corrected may kindle fuch Heats and Jnhnofu'ies among us, as may truly endanger both our Church and State. As for the Preacher himfelf \ I am very willing to come into any Meafures of Favour to him, that are Confident with your Lordihips Honour and Tuftice 5 and will anfwer the Ends of the Impeachment that has been brought before Us againit liifrV. The Bifliop of Norwich who fpoke next, faid, The Bifhop of Norwich's X TE Was very fenfible under whar Speech. J7i Difadvantage in the Opinion of many, a Bifliop mult fpeak again!! a Clergyman that lland^ accufed of Crimes committed by him in the Feeruihg Execu- tion of his Office • efpecialiy after having been fo publickly required to be an Advocate as well as a Judge. And he was the more fenhble of this prejudice lying againif. him, for ha- ving been fo lately called into that Order, and for being fo unworthy of it. But he thought himfelf obliged notwithftanding, under il\ thefe Difadvantages, to deliver not only his Judgment, but alfothe Reafons that determined him to it : which he fhould do as plainly as he could \ with that deference to their Lordihips, which he was lure it mutt upon all Occafions par- ticularly become him to pay \ and at the fame time witfr that Freedom which he thought the Importance of this caufe did at this time require. That Dr. Sacheverell flood Impeached by the Commons of Great-Britain, of High Crimes and Mifdemeanours exprefTed in the feveral Articles of the Charge exhibited a^ainlt him.: And their Lordihips had heard what they had laid in fup- port of that Charge, as well as what had been ofTer'd in th3 Doctor's Defence. That their Lordihips had alfo debated among themfelv°~ the Merits of the Caufe as to the iirit of thefe Articles ; and had come to a' Refolution, that the Commons had mads good that part of their Charge : in which Refolution as he did heartily concur i fo he was ready to have humbly repre- iented to their Lordihips his Reafons for fo doing, had there been either room or occahon for it. That their Lordihips were now upon the Second Article 5 wherein the Doifor is . h3rg^d for * Suggelting and Maintain- ( 4l6 ) * ing that the toleration granted by Law, is unreafonabfcj * and the Allowance of it unwarrantable ^ with other parti- culars that have immediate relation to this general Charge, and which are indeed lb many proofs of it. That in this view therefore, he begg'd leave to confider them; And the Firft of thefe Inftances, in Support of this Charge, is, that he aliens that He is a Falfe Brother, with relation to God, Religion, or the Church, who defends Toleration and Liberty of Confcience * and this, my Lords, f continued he) the Do&or does alTert in fo many Words. It is one of the many Marks he gives whereby we may difcern who is a Falfe Brother in thofe Refpeds ; not a finall part of one General Mark, as was alledged very ineonclutively, I think, in hh Defence. For if it was to be granted, (tho'it cannot be fair- ly pretended,) that the Doctor makes the defending of Tolera- tion and Liberty of Confcience, one Branch only of the Cha- racter of a Falfe Brother j I do not fee how it eou'd make- even a part of that Character, if there was no Falfe brother- hood in it. And I (hall not trouble my felf or your Lord- fhips with going about to fettle the degrees of Falfe Brother- hood that aie in this part of the Character, becaufe I think every degree of it is unreafonable and not to be warranted. And therefore the Doctor cannot make it fo much as a part of the Character of a Falfe Brother to defend Toleration and Liberty of Confcience, as it is confefs'd that he does, but he mud at the fame time fuggeft and ma'uitain that the Tolerct- fwaknmeafonable, and the Allowance of it unwarrantable. For it can never be any Degree of Falfe Brotherhood, to defend what is reafonable and warrantable : Nor wouM even the Doctor, as inconfiftent a Man as feveral of the Noble Lords that have fpoken for him reprefent him to be, ever have made it one ; if he had not himfelf condemn'd that which he blames others for defending. That the Second Inflance alledg'd is, that he calls Arch- lifbop G uncial a Falfe Son of the Church, and a perfidious Pre~ fate, for deluding ^ueen Elizabeth into the Toloation of the Oenevian Difcipiine. That he.fhouid not go about to acid a- ny thing to the full and juit Vindication they had heardof that Excellent Prelate. But couid any of their Lordlhips believe, that a Presbyter of the Church of England^ profef- ling more than ordinary Zeal for Epifcopacy and the Conili- tution of this Church 5 lhou'd beitow fuch Language on one who was the iirit Biihopand the Ornament of it lb long \ only for dilpoiing that Glorious Queen to a mild Treatment of the Puritans of that Time, winch is the utmoit that was •pretended to be laid to his Charge, if he had thought 1 b- lerationa reafonable $)ing, or what wa-s fit to be eitabliik&l by Ls.\v ? This ( 237 ) This, my Lords, (added he,) I confefs can never enter v to my Tliougiits, as ready as I am to enlarge them for the ad- mitting of any favourable Conilmctjon that will not ihut out Co nmon Senfe. That the Third Inflame is his nuking it ths Duty of th$ Superi- qr Vajlors to thunder out their Ecclejiaft'ical Anathemas ogainft Ferfons cntitVd to the Benefits of the Toleration. And to mew thit he has done this, he need only refer their Lordfhips to that Part of his Sermon where the Superior Pallors are cal- led upon to do fo j (viz.) the Fourth and lait General Head, where he draws the Consequence of all that he had fpoken Ljefqrp in the following Words. * " Now what fhould be " the Remit of this long Difcourfe, but that if we bear any " true Concern for the Intereft, Honour, and Safety of our " Church, and Government, we ought ftedfaitly to adhere ' to phofe Fundamental Principles upon which both are foun- " ded, and upon which their Security, under God, alone " depends : andconfequently that it highly behoves us, cau- " tiouily to Watch againft, to Mark, and Avoid all thole <; that thus treacherouily defert them. And indeed it wou'd M be both for our Advantage, as well as their Credit, if fuch " Men wou'd throw off the Mask, entirely quit our Church " of which they are no True Members, and not fraudulently <( eat her Bread? and lay wait for her Ruin, purloin her Re- M venues, and ungratefully lift up their Heels againit Her. " For then we ffrould be one Fold under one Shepherd \ all " thofe Invidious piilinclions, that now Diitract and Con-: " found usy loll \ and we Ihqu'd be terrible like an Ar- " my of Banners to our Enemies -y who cou'd never break " in upon fuch an Uniform and Well compacted Body. M This indeed wou'd be a True Peace, and Solid Uni- " on, when we lhou'd all with one Mind and one Mouth •* glorifie God, and not with a confus'd diveiiity of Contra- u dictions Opinions, and inconhitent Jargon of Woifhip, " which the God of Peace, Purity, and Order cannot but " abhor. As it is a Maxim in Politicks, that all Govern- " merits are belt Supported by the fame Methods and Coun- M cjls upon which ihey are founded j fo it wiil appear un- " deniably True in its Application to our Conaitution, c* which can be Maintained by no. other Principles, but thofe " on which it is built, and like their Balis, the Golpel, " if there's any Violation, 01 Breach made in any Branch of . aiefs ( 22^ ) uefs mentioned immediately before; Schifoi and FaB'ion, which with him go always together. That thefe are the Sins a- gainft which' he calls upon his Superior Paftors to thunder out their Ecclefiaitical Anathema's j nor can t^ie Charge be a- voided by that Diftindion which was offer 'd in his behalf, between a Cenfure purely Spiritual, and an Ecclefiaib'cat Cen- fure. For admitting there is ground for that Diitinction in a Scholaitical Confideration of the general Queftion of Chri- itian Cenfures } yet there is no room to make ufe of it in this cafe, becaufe he calls exprefly for Ecclejiaflical Anathema's^ which can be apply'd to none but fuch as are part of the Or- der and Difcipline of this Church. That it is certain that thefe Cenfures cannot, fince the Acl: of Toleration, be inflifted upon Diifenters, how much lb ever their Sehifm remains } becaufe it is expreily provided by an Acl: of Parliament, (an A& of the whole ChriiUau Society, to which the Superior Paftors were perfonally con- curring,) that they ifiall not be treated as Schifmaticks in the way of thofe Ecclefiailical Cenfures, to which their Separation would other wife have certainly fubjected them. And tho' he could not undertake upon Memory to be ve- ry particular, yet he durit venture to fay, there have anci- ently been Relaxations of the Difcipline of the Church, e- ven when the Crime was thought to deferve the Continu- ance of it ; for P-ublick Expedience, and better preferring the Peace of the Chriilian World : And that in fuch Cafes any Presbyter or Bifhop wou'd himfelf have been cenfured, if he had not acquiefced in fuch Relaxations. Tim a Pres- byter of the Church of England, is the more obliged to ac- quiefce in all fuch Relaxations amongit us as are legally made, becaufe he has folemniy promifed at his Ordination, that he will give his Fathful Diligence always fo to mhufler the Dollrins and Sacraments, and the Difcipline ofChrijl, as the Lord hath commanded, and as this Church and Realm hath received the fame. That he had already obferved to their Lordfhip?, how the Difcipline of the Church flood at prelent as to the Point in quellion. And as the Relaxation of it in that particular, was agreeable to that Temper which the Bifhops who petitioned King 'James, gave the DiiTenters ground to expect: So he was verily perl waded that the Church is fo far from having been hurt by this Indulgence, that it has Teceived Advantage as well as Credit, rrom that Modera- tion which gave way to it. That he cou'd give Several In* ilances of this within his own Obfervationv while I was Afch-Deaeon, under a Reverend Prelate that fate ncv b$> ( 330 ) fore him \ and fince he had the Hqnour tobe on that Bench r In which Compafs of time feveral Men of Sobriety and Learning bred up to be Minifters amongft the DilTenters, had lei\ the Separation, and upon due Tryal had been admitted to Orders in our Church ; in which they had officiated witf} entire Conformity to pur Rules, and to the Honour of our holy Religion. That thefe Inflances had been fa frequent and Re- markable, fince the DilTenters had been exempted from the Penalties of certain Laws, above what had been ob- ftfrVd before; that he thought it very ill becomes any Clergyman to preach againit that Exemption, as the Doctor (notwithstanding his Referve for Conferences truly f eruptions) had done , and to call upon his Superiours to acl in con- tradiction to it. He fhou'd have forbore doing this, at leaii out of regard to her Majeity, who had been gracioufly pleas 'd to declare from the Throne, that fis rvou'd preferve the Toleration inviolable: A Refolution he Ihould ever think it his Duty upon ail proper Occafions to exprefs his Approbati- on of, as Juit and Wife and Charitable, and every way a- greeable to the Spirit and Genius of the Chriitian Religion. That he mould not enter into the Enquiry of what Sentences are ratify'd in Heaven: But as one may venture to fay, that all that have been pronounced on Earth, are not ratify'd there • fo by all he had feen of the Doctor's Spirit in thefe blatters, he had great reafon to fear, that if the Power of the Keys was in his Hands, it would often be very fadly a~ buted. However, added he, he has fo good an Opinion of his own Spirit, as to put his Superiors in mind of another Part of their Duty, and that is, to promote Jlfsn of ''-Probity , Confer- ence and Courage^ without which he thinks tney cannot be fit Members of the Church Militant, in which I can as little agree with him as in the former demand. For if I may judge of the Probity, Confcience, and Courage he thinks fo deferring, by what appears in his Sermon, compar'd with his Speech to your Lordihips ; I cannot think them Qualificati- ons for a Miniiter of the Church of Chrilt in any refpect^ and I hope I fhall be fo happy as to find all the Reverend Pre- laws with whom I have the honour to fit, agreeing with me in this. But tho' I hope fuch a ConducV will never recom- mend any Perfon to favour , yet I do not defire that even that which I heartily blame, fhou'd be puniihed fo much as I think it deferves. And tho' He who pleads lb warm- ly for wholefome Severities toward thole who differ fiom him, has the leall Title to Your Loidihips Companion ^ let .1 hope he will find it as far as the juit Concern" you have for the Publick Tranquillity will allow you to fhew it, This I ( 231 ) this I fay from that which I blefs God is the natural Ten> er of my Mind, and not from the Care that has been taken y fome to intimidate as far as they cou'd, thofe who were to have the Cognizance of the Doctor's Caufe, and were not thought to be favourable to it. I fhall not take upon me to charge the Do:1of or any of his particular Friends with this Practice, as great a Temptation as one is under to do fo from feveral Circumftances. And it is not the leaft, that occurs in his Prayers, which he has publifVd upon this Occafion, to reprefent not fo much to God as to the World, that he is under Perfecution, when he is profecuted for offending againft the Law, by thofe who in common Juilice ought to be thought the faired Accufers; and before Your Lordfhips who are juilly acknowledged to be the mod impartial Judges. However I will never believe, till I cannot avoid it ; that any Members of the Church of England who have acknowledged the Government, much lefs any Clergy- man who has fo often profefs'd his Obedience to it in Church and State, lhou'd have been any way accelTary to thofe threatnings that have been given out, particularly againft fuch Bifhops as lhould happen to condemn the Doctor's Pro- ceedings. As far, My Lords, faid he in the Conclufion,- as I have feen of this Caufe, I am likely to be one of thofe Bifhops , and tho' I do not pretend to any great fhare of Courage, i am very free to declare to Your Lordfhips that I am in no Comparifon fo apprehenfive of what may befal my felf for condemning this Perfon, as I am of what will proba- bly befal the Publick if Your Lordfhips fhou'd not condemn him. But that is in Your Lordfhip's Judgment, to which I humbly fubmit it : And only beg Pardon for having de- tailed Your Lordfhips fo long in giving my reafons why I think the Commons have made good this Second Part of their Charge. No Peer offering to fpeak in favour of Dr. Sacheverell, the Quell ion was put, That the Commons have made good the Second Article of then Impeachment , againft Henry Sacheverell, Doctor in Divinity ; wnich was refolv'd in the Affir- mative. Then the Third Article of the Commons Impeachment be- ing Read, little was laid on either Side, thereupon j and then the Queition being pur, That the Commons had made good the fuid Article, it was likewife refolv'd in the Aim- in at ive. Bel C 232 ) Debates about the Fourth Article, 1 The Fourth Article which was rea^f Earl of Wharton, next, occafion'd a longer Debate, which was open'd by the Earl of Wharton, whd fpoke in the Praife of the prefent Adminiftration: The Bifhop of Salisbury feconded him, JRifiop of Sarum. and fpoke with Vehemence again it Doctor Sacheverell ; who by inveighing again!) the Revolution, Toleration, and Union, feem'd to arraign and at- tack the Queen Herfelf, he added, That nothing could be more plain, than his Reflecting on Her Maj'eity's Miriiiters: and that he had in particular, fo well mark'd but a Noble Peer there prefent, by an Ugly and fcurriloiis * Epithet, (which he would not repeatj that 'twas not poifible to mi- itake him* This fet the whole Houfe a Laughing ; and ie- veral Lords cry'd name him, name him \ but the Lord Chan- cellor moderated the Matter, faying, ito Peer was obliged to fpeak, but what he thought fit. The Lord Fb reh faid fome- thing in Favour of Doctor Sacheverell, but was anfwered by the Earl of lla } and then the Lord Haver Jbani made a fhort Speech, about that Part of the Fourth Article, wherein Dr. Sacheverell is charg'd with wrefling and perverting divers tallages of Holy Scripture. He faid, in Subuarice, * That no The Lord Haverfliam'* e Man on Earth has Authority to Speech c interpret the Scripture- which i as he thought, mult be interpre- * ted by it felf- That ever lince the Reformation, we « had contended againit the Church of Rome, who pre- * tended ,to that Authority: And fhall we, added he, « allow infallibility in the Commons, which we denye in * the Pope of Rome? And in the Concluhon, his Loid- « fhip repeated his Defire, that the Reverend Prelates, c there prefent, would tell the Houle, how Doctor bachcve- * veil could be charg'd with wrefling the Scripture ? But none of the Biihops offer'd to fatisfie him. The Duke of Hamilton having faid fomething in Favour of Doctor Sacheverell, he was anfwer'd by the Lord Mohun, to whum his Grace readily reply'd. But tho' the Duke of Buckingham, the Lord Ferrers, the Earls ot Scarfdale and Abingdon, and the Lord Carmarthen endeavour'd like- wife to extenuate the Doctor's Offence; yet the Queiiioh * Volpone. being ( 233 ) being put, That the Commons had made good the Fourth Jrtkle of Impeachment, it was Refolv'd in the Affirmative. Thirty eight Lords entered their DilTent to the Questi- ons upon the fecond, third and fourth Articles, For the fame Reafon as tvas given againfi the Quejlion upon the Firjl 5 viz. Buckingham. Hamilton, Lexington. Dartmouth, Jo. York, W. Cefiruns, Tho. Bjffen, 2\£. Durefme, George Bath & Wells. Beaufort. Denbigh. Nottingham, i\ochefter, Weymouth, Honard^ H. London, Havsr/ham, Ormonde, Willoughhy Br. Berk/hire, Scarfdale, Stawell, Tonlet, jibingdon% Conway, Osborne, Wefion, Craven, Sufex, Yarmouth, Thanet, "Plymouth, "Northampton^ fngUfey, Guilford, Leigh, Gtternfey, Then the Earl of Wharton faid, That fince the Houfe had re- folv'd, that The Commons had made good their Four Articles of Impeachment againft Dr. Sacheverell, the Lords ought by a neceffary Coniequence, refolve and declare likewife, That the faid Dr. Sacheverell was Guilty of the High Crimes and Mifdevieanors charg'd upon him: But the Earls of Abingdon, and Rochejler, the Lord-Treafurer, the Lord North and Grey and the Lord Fererrs, Hating fome Difficulties, and moving for a Debate it was propos'd, That the Queftion to be ask'd eve- ry Lord in Wejlminjtcr-Hall, fhouid be as follows. ' That the Commons having made good the feveral Arti- * cles of Impeachment againft Henry Sacheverell, Doftor in 1 Divinity, the faid Doctor Henry Sacheverell is Guilty of 4 High Crimes and Mildemeanors. After which the Earl of Nottingham mov'd for adjourning the Debate, which was agreed to. Accordingly on the i8th of March, the faid Queftion, and the Order for reluming the March i8th adjourn'd Debate, being read, the Earl of Debate about Rochejltr mov'd, That the Judges fhouid be the manner of advis'dwith: But no Perfon feconding that giving Judg- Motion, the Lord Guernfey faid, 4 That the ment in lvef{~ * Queftion, as ftated, was not fit to be put in minfier-HalL ' Wejlminjler-Hall .becaufe it would fubvert the ' Constitution of Parliament, and preclude the Earl of * Peers from their Right of giving their Judg- Rochefter, 4 ment, both of the Fa&, as well as of the Ld. GuemfeyY 1 Law : For in this Cafe fome Peers might Ld. North * be fatisfied as to the Faft, but not as to Law, and Grey. * and if they were to give their Judgment as * the Queftion was ftated, their Freedom of Voting would bo * taken away : Therefore his Lordfhip mov'd, That the firft CI 34) c Part of the proposed Jgiieftion be left out. The Lord Nortfi * and Grey fpoke next, laid, There was no Neceflity of putting e the Queftion in Wejlminfter-Hall, but only to acquaint the Commons there, That Dr. Sacheverell was guilty in General: For, added his Lordfhip, how can any Peer that thinks him Not Guilry, as for my fart, I don't fay in the Face of the Commons He is not Guilty-, and allow at the fame time, that the Commons have made-good their Articles of Impeachment .' Hereupon the Earl of Wharton faid, He wonder*d at the Lord GuernfeyV making that Motion, after the Houfe had come to a Refolution, that the Commons had made good' E. of Wharton, their Articles 5 That the Queflion, asjlated by the Lord-Chancellor, did not preclude any Veer from his Right of giving his Judgment : For every Lord was at liberty to protejl and enter his DitTent, if he would not be convinced by the Majority of the Houfe: And that the Lords being in the Nature of a Jury, ought to deliver their Opinion Seriatim. The Lord Ferrers back'd L. Ferrers, the Lord Guernfey's Motion ; objecling a- gainil the Preamble of the Queflion as unne- cessary ; and urging, That 'twas only the Majority of the Houfe,) and not the Houfe, that came to a Refolution, that the Commons had made good their Impeachment, L. Guernfey, On the other Hand, the Lord Cuemfey, in Anfwer to the Earl of Wharton faid, That the Lords were not as a Jury, for every Lord was both a Judge aud a Juror : That fome Peers might think Br, Sacheverell Guilty of one Part, and Innocent of the Other ; and yet if ihey were to give their Judgment as this Queftion was fiated^ how could they fay he was not Guilty, when the Preamble fet forth , That the Commons had made good their Im- E. of Wharton, peachment ? The Earl of Wharton reply 'J, That this Objeftion had been more proper, before the Houfe had proceeded fo far* However , the Earl of Rachejler having mov'd, 'E.cfRocheJler, that the Preamble be left; out* the Earl of Wharton, and the reft agreed to it, and there- upon the Lord- Chancellor fiated the Queflion thus, * That * the Queflion to be put to each Lord in Wejlmi?ijlet Hall, be- * ginning at the Junior Baron firft, (hall be, Is Dr. Henry * Sacheverell guilty of Hdgh Crimes and Mifdemeanors ? The Earl of Nottingham mov'd, that the Words- E. Nottingham of High Crimes and Mi [demeanors be left out, L. North and and was feconded by the Lord North and Grey: Grey. But the Earl of Wharton faid, that what was "E„ of Wharton, offei'd was unfair ; 'For the Commons ha- ' ving Impeach'd Dr. Sacheverell of High 1 Crimes and Mifdemeanors, and the Lords agreed and refolv'd^ That ( 235 ) * That the Commons had made good their Impeachment, it * neceflarily followed, that he was guilty of the faid High * Crimes and Mifdemeanors. To moderate the Matter, the Duke of Buckingham propos'd, that D. of Bucking- the Quefiion be thus altered, Of the Crimes bam. and Mifdemeanors char g'd up on him by the Im- peachment : To which the Earls of Wharton E. of Wharton, and Sunderland readily agreed • but the Earl of E. Sunderland. Jerfey excepted againft the Queftion, as be- E. of Jet fey. ing complex, or complicated. The Lord Guern- L. Guernfey. fey purlu'd the fame Objections, for the Rea- sons he had alledg'd before, viz. That fome Veers might think Doclor SachevereJl Guilty of fome of the Crimes charged upon lim by the Impeachment of the Comvtons, and Innocent of the other ; and urg'd an Inftance of an Indictment containing fe- veral Charges, in which Cafe the Jury is not to anfwer ge- nerally ^ but particularly to each Offence ; becaufe the Judge goes by the Verdict, and impofes the Fine accordingly : Therefore his Lordfhip mov'd, That each Peer fiould give his Judgment fever ally to each Article. To this the Lord Somers anfwei'd, That the Matter Lord Somers. of Facl was already fettled, thd* every Veer might Proteft and Diffent 5 That the LordGuetnfey's Objecli- on, grounded en the Injlance he brought in of IndeBments, in the Courts below, was very improper, becaufe, as his Lordfiip himfelf had fuggejled, the Lords are both Judges and Jury, That as Jury, they mighty in Confcience, pronounce the Doctor Guilty, thai* they thought him Guilty of one Article only : But that the Lords who did not think him Guilty of all the Four Articles, might afterwards, as Judges, moderate the Vunifimient. The Earl of Not- E. of Notting- tingham reply'd, That for his Vart, he thought ham. DoBor Sacheverell Guilty of no Crime ; and mov'd, that the Particle The be left out, and the Queftiovk put thus, Is Doctor Sacheverell Guilty of High Crimes an*. Mifdemeanors charged upon him by the Impeachment i Which. was agreed to. Then it being propos'd, to confider what Anfwer each Lord fhould give ; the Lord Hallifax faid, That, according to the t'fage of Parliament, the Lords L. Hallifax;- ought to anfwer, Content, or Not Content , but L. Ferres. the Lord Ferrers alledg'd, That Content, or E. pf Not- Not Content, was not an adequate Anfwer to tingham. the Queflion ; and the Earl of Nottingham, and L, Jerfey. the Lord Guernfey, UTg'd, That there were fe- ver al Vre cedents for Guilty, or Not Guilty upon my Honour 5 hut did not remember any for Content, or Not t u «•/ Content- The Lord Hallifax maintain* his ' muiI*** Q. 9 *> Affertion-j AflTertion , and faid , He wonder'd the Lord Nottingham did not know there were Precedents for Content, or Not Con- tent 5 and inftancM in the Lord Somen's Ttial, in which the Lords gave their Judgment that "Way,; L. Guernsey. On the other Hand, the Lord Guernfey infilled Lovd-Trea- upon anfwering Guilty, or Not Guilty ; and was furer. feconded by the Lord-Treafurer, who (aid, That there was a Difference between the Lords Voting in their Houfe promifcuoufy, fometimes in Confufion, and their giving Judgment in Weftminfter-Hall $ and that L. HaUifax. the Precedent mentioned by the Lord HaUifax, E. of Wbar- was an extraordinary one, made in an extra- ton, ordinary Cafd The Lord HaUifax moving for E, of Roche- fearching the Journals, and the Earl of Wharton, ftey. for following Precedent ; the Clerk turn'd to, and read the Precedent of the Lord Somen1 s Im- peachment, in which the Peers gave Judgment by Content, or not Content : But the Earl of Rocbejler defiring that other Pre- cedents might be fearch'd; and urging, ' That there was a * Difference between the Lords Voting in their D. of Buck- l Houfe, and in Wejlminjler-Hall, the Duke of ingham. c Buckingham anfwer'd , That the Tryal was c the lame in Wtjlminfler-Hall, as if the Lords * were in their Houfe; that they removed to the Hall, only * for the fpacioufnefs of the Place- and therefore the Queftion 6 ought to be anfwer'd, as if they were in the E. of Ila. * Koufe, Content, or not Content : To this the c Earl of Ila reply'd, That Content, or not Con- * tent, was a very improper, and ungrammatical Anfwer to * the Queftion, Is D&8or Sacheverell guilty of High-Crimes, 1 Sec. And therefore either the Queftion ought to be alter'd, c or the Anfwer be, Guilty, or not Guilty. Then the Lord * Ferrers endeavoured io fhew the Inconveniencies that might * attend the putting the Queftion as propos'd, alledging, ' That 1 fome of the Peers there prefent, might here- Ld. Ferrers. ' after be Impeach d and Repent, too late, the 6 having made fuch a Precedent of giving Judg- 6 ment generally. The Earl of Anglejey purfu'd the fame Argument; adding, ' That if the Queftion was E.of Angle- '* put, and Anfwer'd generally, the Majority of fey. £ the People would not know what the Doctor * was Condemn'd for: To which the Lord Chancellor readily reply'd, That every Body would know he 1 was either Guilty, or not Guilty of the Crimes Lord Chan- c charg'd on him by the Impeachment of the cellor. ' Houie of Commons. But the Earl of Marr infifted, ' That every Peer ought to be at Liberty E of Marr, « to Vgte Guilty y or not Guilty, to every Arti- cle c 237 y * cle, otherwife it might happen, That though a majority * of the Houfe might think Dr. Sacbeverell Innocent upon * each Article, yet, by this Method of a general Anfwer, ' he might be condemn 'd of all, which feem'd inconfiftent * with the ufual Method of Juftice in that * Houfe. The Duke of Buckingham urged on D. of Sue li- the fame fide, * Thatiince the Judgement of the ingham, * Houfe in this Cafe ought to be a Declaration *■ of the Law, the Condition of the People would be moft mi- ' ferable, to have Punifhment for High-Crimes and Mifde- * meanors, and not have a poflibility of informing themfelves, ' what the Crimes thereby punim'd were, which they could * not learn from this general Determination; and that this * Uncertainty being in the Cafe of Clergymen for Preaching, * it might create fome Fear in good Men, when they Preach * fome Doctrines of the Church of England, * particularly that of Non-Rejiftance. The Earl E. of Sun- of Sunderland calling for the Queftion, the Earl derland, of AngleJ'ey infixed on the Inconveniencies of Anglefey. Anfwering Generally: Whereupon the Lord Lord Chan* Chancellor mention'd four Inconveniencies that cellar, might enfue,t>iz. Fijil, 'That Clergymen would 1 know, that to preach .againft the Revolution was a High- * Crime and Misdemeanor. Secondly, That to preach againft * the Toleration, Thirdly, Againft the Union, And Fourth- * ly9 To reflet ojq the Queen's Minifters, and fuggeft, That * the Church is in Danger under Her Majefty's Adminiftra- ' tion, were likewife High-Crimes and Mifdemeanors : Thefe ' (faid his Lordfhip) are the only Inconveniencies that I can * forefee will attend this Judgment ^ which ironicalTurn won- derfully pleas'd the Majority of the AfTembly. The Earl of W7)arton calling then for the Que- Duke of ftion, the Duke of Shrewsbury faid, c That he Shrewsbury* ' did not think the Dodor guilty of the firft * Article : For as he had as great a Share as any Man in the ' late Revolution, fo he would over go as far as any to vindi- " cate the Memory of our late glorious Deliverer. That tho' * he thought the Church fafe under her Majefty's Adminiftra- * tion, yet he would not have it made a High-Crime and * Mifdemeanor, to fay, That the Church is in Danger-^ becaufe * Times may come, when it might really be in Danger; And in the Conclufion, infilled on Voting Article by Article. The Lord Carmarthen, the Earl or Anglefey r> and the Earl of Not- tingham did the like ; but the lame being oppofed by fome other Peers, the Lord Chancellor did , at lair, propofe this Queftion, Whether the Anfwer to be given by each Lord jbouli be Guilty, or not Guilty, only 5 which being yefoWd in the Ajfr- native $ then the majn Queftion was put, whether it mould be 0.9 5 *&'4 Protejlation offeve- tal Lords againjl the Manner of gi- ving Judgment a- gain ft Dr. Sacheve- ?eU. ( 238 ) aft'd, If Henry Sacheverell, DoBor in Divinity, Guilty of High Crimes and Mi f demeanors, charged on him by the Impeachment cf the Houfe of Commons. This was likewife carried in the Affirmative ; But feveral Lords enter'd the following Proteft. DilTemient, Firfl, We do humbly Conceive that the obliging every Lord to anfwer generally, Guilty, or not Guilty, to a Queition con- taining all the Articles of this Impeach- ment ; is a kind of Tacking upon our felves, by an unneceflary Joining Matters of a Different Nature, and Subjecting them to one and the fame Determination, and Confequently may Preju- dice the Right every Peer has, to give a free Affirmative or Negative 5 Since, whoever thinks Doctor Sacheverell Guilty of one Part, and Innocent of the other, will be obliged either to Approve what He Condemns, or Condemn what He Approves! Secondly, We humbly conceive, there is at leafta Poflibility, that tho'a Majority of the Houfe, if admitted to Vote to the Articles Separately, may think him Innocent upon each Ar- ticle, yet by this Method of a general Anfwer, he may be condemn'd of all 5 which feems not to be confident with the ufual Method of Juftice in this Houfe. Thirdly, We do humbly conceive, That fince the Judgment of the Houfe in this Cafe, ought to be a Declaration of the Law, the Condition of the People will be moft miferable, to have Punifhment for High Crimes and Mifdemeanors, and not have a Poflibility of informing themfelves what the Crimes thereby PuninYd,are \ for the Peoples only Guide is the Law, and they can never be Guided by what they can never be In- form'd of ; And we do humbly conceive, That this Uncer- tainty being in the Cafe of a Clergyman for Preaching, it may poflibly create fome Fear in Good Men when they Preach fome Doctrines of the Church of England, particularly that of Non-Refiftance ; and may be made ufe of by ill Ones, as an f x- cufe for the Negleft of that Duty, which upon fome Occaiions, is required of them, even by the Laws of the Land. Buckingham, Hamilton, Marr, Lexington % Dartmouth, Norfolk, J-o. York, W. Ceftricns, Tho. t\cfen. 2\£. Durcfme, Shrewsbury, fflilloughby Br. Haverfiam. Ormonde, Beaufort, Denbigh, Northampton, I{pchefler, Weymouth, Craven, Osbnrne, Guilford, J.eimpfier, Leeds. Berhfhire, Scarfdale, Yarmouth. Stawell, J{. Ferrer S) Vou/et, Howard, "Plymouth, Conway, Geo. Bath and Wells. Jlnglefey, Thanet, Tfyttfaiham, H. London, Sujfex, Tiortfy & Gray, jihingdon, < Jerfey, Leigh* Wefton, Guernfey, On ( =39 ) i On Monday the 20th of March, the Lords, March 20' purfuant to the Order of Saturday laif , adjourn- the Lords ed into Wejiminfter-Hall, and being there, and give Judg- the Commons, in a Committee of the whole ment in Houfe having taken their Places, the faid Weftmin- Chancellor faid, iter-Hall. Your Lordfhips having fully heard and confi- dered of the Evidence and Arguments in this Cafe, have agreed upon a Queftion, which is feverally to be put to your Lord (hips in the ufual Order: The Queftion is this; That Doctor Henry Sachevereli is Guilty of High Crimes and Mis- demeanors charged .on him by the Impeachment of the Houfe of Commons : Lord Pelham, What is your Lordflup's Opinion ; is Doi&e C no ) Duke of Dover, Duke of Roxborough, Duke of Mont r of s. Duke of Bedford, Duke Schomberg, Duke of Bolton, Duke of St. Albans, Duke of Grafton, Duke of Richmond, Duke of Cleaveland and Sbw- Lord Steward, Lord Privy Seal, Lord Prefident, Lord Treafurer, Lord Chancellor, Not GUILTY. Lord Conway, Lord Guernfey, Lord Haverjham, Lord Wejlon, Lord Leimpfier, Lord Guilford, Lord Stawell, Lord Dartmouth, Lord Osborne, Lord Craven, Lord BerkelyofStratton, Lord Lexington, Lord Leigh, Lord Howard of Ef crick, Lord Chandos, Lord North and G>vy, Lord Willoughby of 2?rofctf, Lord Ferrers, Bifhop of Cfojfaf , Bifhop of £^/, and JSTtf/fc, Bifhop of Rochejler, Bifhop of Durham, Bifhop of London, Lord Vifcount Weymouth, Lord Vifcount &jv and «Sfc/*8 Earlofiforffoj*, Earl of Wymes, Earl of jfftfry, Earl of Pow/e/, Earl of Jer/ey, Earl of Scarborough, Earl of Plimouth, Earl of Abingdon, Earl of Rochefler, Earl of Nottingham^ Earl of Yarmouth^ Earl of Sujfex, Earl of Angle fey, ^xlofScarfdale., Earl of Thanet, Earl City of Durham. f Thomas Conyers, Efq $ James Nieholfon, Efq ; EJfex. Thomas Middleton, Efq; Borough of Colchefter. Sir Ifaac Rebow, Kt. Sir Thomas Webfter, Bar. Borough of Maiden. f Sir Richard Child, Bar. Thomas Richmond, Efq; Borough of Harwich. Kendrick Edisbury, Efq; Thomas Frankland, Efq; Gloucefterjbire. Matthew-Ducie Morton. Efq ; Sir John Guife, Bar. City of Gloucefter. Francis Windham, Efq; f Thomas Webb, Efq; Borough of Cirencefter. f Allen Bathurft, Efq; f Charles Cox, Efq; Borough of Tewsbury, Henry Ireton, Elq ; Hereford/hire, f Rt. Hon. James Lord Vifcount Scudamere. J John Prifeof Wiftefton, Efq ; City of Hereford. Hon. James Brydges, Efq; f Thomas Foley, Efq; Borough of Lempfter. ** Hon. Tho. Ld. Coningsby, f Edward Harley, Efq; Borough of Weobly. lohn Birch, Efq; Serj. at Law? i Henry Gorges, Efq; Hertfordjlme. f Ralph Freeman, Jun. Efq; J Thomas Halfey, Efq; Borough of St. Albans. f John Gape, Efq; jofhua Lomax, Efq; Borough of Hertford. Sir Thomas Clerk, Kt. William Monfon,Efq; Huntingtonjbire. t John Probey, Efq; John Pocklington, Efq, Borough of Huntington. £dw. Wortley, alias Moun- tague, Efq; Francis Page, Efq; Kent. Sir Thomas Palmer, Bar, David PohiJl, E% City of Canterbury. Hon. Edward Watfon,Efq; Thomas D* Aeth Jun. Efqj Citv of Rochefter. Sir Stafford Fairborn, Kt. Sir John Leake, Kt. Borough of Maidftone. Sir Thomas Colepepyr, Bar. Sir Robert Marfham, Bar. Borough- of Queenborough. Sir John Jennings, Kt. Henry Withers, Efq; Lancajkire. f Richard Shuttleworth, Efq; Borough of Prefton in Anjoun- dernefs. f Henry Fleetwood, Efq; Arthur Man waring, Efq; Borough of Lancafter. f Robert Heyfliam, Efq; } William Heyfhara, Efq; Borough of Newton. f Jo. Ward of Capefthorn, Efq; Borough of Wigaa. Sir Roger Bradfhaigh, Bar. Henry Bradfhaigh, Efq; Borough of Clithero. f Edward Harvey, Efq; f Chriftopher Parker, Efq; Borough of LeverpooL Sir Thomas Johnfon, Kt. Richard Norris, Efq; Leicejlerjlme. f Jeffery Palmer, Efq; Sir Gilbert Pickering, Bar. Town of Leicefter. t Sir George Beaumont, Bar. f James Winftanley, Efq; Lincoln/bit e. f Rt. Hon. Peregrine, Ld. Wii* loughby of Eresby, George Whichcot, Efq; City of Lincoln. t Sir Thomas Meres, Kt. t Thomas Lifter, E(q; Borough of Boftqn. Hon. Peregine Bertie, Efq; t Richard Wynn, Efq; Borough of Great Grimsby. t Arthur Moor, Efq; William Cottfworth, Efq; Borough of Stamford. t Hon. Charles Cecil, Efq; f Hon. Charles Bertie, Efq; Borough of Grantham. Sir William EHys, Bar. Middlefe*. (253) Middlefex.. John Auft;n, Efq; Scorie Barker, Efq; City of Weftminiter'. ** Rt. Hon. Henry Boyle, Efq ; one of Her Maj.fty's Principal Secretaries or Scate. f Thomas Med I icoit, Eftj; Cley of London. } Sir Wiliiam Withers, Kc. Sir William Afhurft, Kr. Sir Gilbert Heathcote, Kt> f John Ward, Efq; Monmomhjhhe, John Morgan, of Tredegar, Efq; f Right Hon. Tho. Lord Vifcount Windfor. Borough of Monmouth. f Clayton Milborn, Efq; IS or folk. ** Sir John Holland, Bar. Comp- troller of the houfhold." Afh Windham, Efq; City of Norwich. Waller Bacon, Efq-, John Chambers, Efq; Town of Lyn-Regis> Sir Charles Turner, Kt. ** Robert Walpole, Efq; Secua* tary at War. Town of Great Yarmouth. f Richard Ferrier, Efq; Borough of Thetford. Robert Bay lis, Efq; Thomas De Grey, Efq ; Borough of Caftlerifing. Hon. William raiding, Efq* f Horatio Walpole, Efq; iVc rtha inp t o njbi r e . t Sir Juftinian Ifham, Bar. f Thomas Cartwright, Efq; City of Peterborough. Hon. Sidney Wortley, ahas Montague, Efq; f Sir Gilbert D)lben, Bar. Town of Northampton. Hon. George Montague, Efq; t Francis Arundeli, jun. Eiq; Town of Brackiej -. Hon. Charles Egerton, Efq; Hon. • iJliam Eg« rton, Elq; Borough of Hiaham Ferrars. f Hon. Tho. Wentworth, Efq; Noi thumbtrland. t Thomas Forfter, Jun. Efq; Town or Newcaftle upon Tyne William Orr, Eiffc Si? Hcary Lyd4ei),~ Bar* Borough of Morpeth* Sir Richard Sandford, Bar. Sir Jo. Baraet, Kt. Serjeant at Law. Town of Berwick upon Tweed* Jonathan Hutchinfon, Efq; Nottingham/hire. John Thornhagh, Efq Town of Nottinghl John Plumtree, Ffq ; Robie Sherwin, Efq • Borough of Eaft Redford. Thomas White, Efq ; t William Leyinz, Efq • Town cf Newark npon TrenfJ Hon. Richard Sutton, fciq ; Ox on. Rt. Hon, Francis- Lord Vifcounf Rialton, f Sir Robert Jenkinfen, Bar. Univerfitv of Oxford. f Sir Wiliiam Whidock, Kt. f William Bromley ; City cf Oxon. t Sir John Walter, Bar. f Thomas Rowney, Efq; Borough of New Woodftocfc Sir Thomas wheate, Bar. Borough of Banbury, f Hon. Charles North, Efq-; Rutlandshire* Philip Sherard, Efq ; t Richard Halford, Efq j Salop. Rt. Hon. Henry Ld. Newport. Sir Robert Corbett, Bar. Town of Salop. Sir Edward Leyron,Kt Jones, Efq • Borough of Bruges, alUs Bridgnorth. Sir Humphrey Briggs, Bar. Borough of Ludlow. t Sir Thomas Powys, Kt. Her Majefty's Serjeant ax Law. f Aclon Badwyn, Efq ; Borough of Great Wenlock, Sir William Forefter, Kt. Thomas Weld, Efq ; Town of B'fhop's-Caftle, Richard Ha^nage, F'q ; Charles Maf,n, Eiq; SomerJet,t:he. f Henry Partman, Efq; t John Prowfe, Efq; deceas'd. ( 254) City of BriM Robert Yate, Efq ; Srr William Dairies, Kr. City of Bath. William Blaithwait, Efq ; f Samuel Trotman, Efq ; City of Wells. f Edwaro^olfton, Jun. Efq ; William Coward, Efq; Borough of Taunton. f Sir Francis Warre, Bar. Borough of Bridgewater. George Bodinaton, Efq ; George Balch, Efq \ - Borough of Minehead. t Sir John Trevelyan, Bar. f Sir Jacob Banks, Kt. i Borough of llchefter. f Edward Phelipps, Efq ; t James Johnfon Efq; Borough of Milburn Port, Thomas Smith, Efq; Southampton, Rt. Hon. Charles, Lord Marquis of Winchefter. City of Winchefter. **Rt.Hon.Ld. Will. Powlett, George Rodney Bridges, Efq; Town of Southampton. f-Simeon Stewart, Efq; Adam de Cardonnel, Jun. Efq; Town of Portfmouth. Sir Charles Wager, Kt. Borough of Yarmouth. f Henry Holmes, Efq ; Anthony Morgan, Efq; Borough of Petersfield. f Leonard Bilfon,Efq; Hon. Norton Powlett,Efq; Borough of Newport, alias Me- dena. Sir Triftram Dillington, Bar. f William Stephens, Efq ; Borough of Stockbridge. ** Sir JohnHawles,Kt. Sir Edward Lawrence, Kt. Borough of Newton. James Worfley, Efq ; Henry Worfley, Efq ; Berough of Chrift-Church. f Francis Gwyn, Efq; f William Ettricfce, Efq ; Borough of Lymington. Paul Burrard, Efq ; Richard Chaundler, Efq ; ■Borough of Whitchurch. Richard Woolafton, Efq, ; Geprgc Bridges, Efq ; Borough 0/ Andover. ** Rt. Hon. John Smyth, Efq ; William Guidott, Efq; . Stoffordjhhe. \ Hon. Henry Pagett, Efq ; f John Wrottefley, Efq ; City of Litchfield. f John Cotes, Efq ; Boroueh of Stafford, -r Thomas Foley, Efq ; Walter Chetwynd, Efq ; Borough of Newcaftle-under-Line Crew Offley, Efq; John Lawto,n,Elq; Borough of Tamworth. f Jofe. Girdler,Efq; Serj. at Law/ Richard Swinfen, Efq; Suffolk, f Sir Thomas Hanmer, Bar. f Sir Robert Davers, Bar. Borough of Ipfwich. William Churchill, Efq; f Sir William Barker, Bar. Borough of Dunwich. Sir Richard Allen, Daniel Harvey, Efq 5 Borough of Orford. f Clement Cttrrance, Efq ; ** William Thompfon, Efq; Borough of Aldborough. f Sir Henry Johnfon, Bar. f William Johnfon, Efq 5 Borough of Sudbury. Philip Skippon, Efq ; Sir Harvey Elwes, Bar. Borough ©f Eye. ** Hon. Spencer Compton, Efq ; **■ Sir Jofeph Jekvl, Kt. Lord Chief Juftice of England. Borough of St. Edmondsbury. fjof. Weld Efq; Serj. at Law. Suirey, Sir William Scawen, Kt. Boronah ofSouthwark. Charles Cox, Efq ; John Cholmley, Efq ; Borough of Blechingly. Thomas Onflow, Efq ; George Evelyn, Efq; Borough of K\ gate. James Cocks, Efq ; f Sir John Parions, Kt. Borough of Guilford. Denzil Onflow Efq; t Morgan Ratxdyil, Efq; Borough of Gatton. f Sir George Newland, Kt. f Paul Docminique, Efq; J Borough (255) Borough of Haflemere. f Theophilus Oglethorp, Efq ; Carey, Efq ; Sujfex. Sir Henry Peachy, Kt. Peter Gott, Efq ; City of Chichefter. Thomas Carr, Efq ; f Sir Richard Farrin?ton, Bar. Borough of Horfham. f Charles Eversf eld, Efq; John Wicker, Efq ; Borough of Midhurft. f Lawrence Alcock, Efq ; Lieut. Gen. Meredith. Borough of Lewes. Samuel Gott, Efq ; Thomas Pelham, Efq ; Borough of New Shoreharn. John Page, Efq ; Richard Lloyd, Efq ; Borough of Br amber. William Hale, Efq; Sir Cleve Moor, Bar. Borough of Steyning. Henry Goring, Efq ; Borough of Eaft-Gnnfted. Hon. Richard Lumley, Efq ; f Henry Campion, Efq; Borough of Arundel. Lord Lumley, Rt. Hon. Richard L. Vifc.Shannon fParrvickJbire, f Sir John Mordaunt, Bar. f Andrew Archer, Efq; City of Coventry. Sir Orlando Bridgman Bar. Edward Hopkins, Efq; Borough of Warwick. t Hon. FraneisGreville, Efq ; f Hon. Dodington Greville, Efq ; JPeJlmorland. Daniel Wilf on, Efq ; f James Grahme, Efq ; Borough of Apulby: f Edward Duncombe, Efq; ** Nicolas Lechmere, Efq; Wiltpire. f Sir Richard How, Bar. f Robert Hyde, Efq; City of New Sarum. ** Robert Eyre, Efq; her Ma- jefty's Solicitor-General. Charles Fox, Efq; Borough of Wilton. Sir Lambert Blackwell, Bar. Charles MompefTon, Efq^ Borough of Downetan. t Sir Charles Duncombe, Kt. John Eyre, Efq; Borough of Hindon. t Edmund Lambert, Efq; Reynolds Calthorp, Efq ; Borough of Heytesbury. Edward Afhe,Efq; William Afhe, Jun. Efq; Borough of Weftbury. fHon. Henry Bertie, Efq; . • f Francis Annefley, Efq; Borough of Calne. Edward Baynton, Efq; George Duckett, Efq; Borough of Devizes. Jofiah Diiton, Efq; Paul Methnen, Efq; Borough of Chippenhajn. f Sir James Long, Bar. f James Montague, Efq; Borough of Malmesbury. Thomas Farrington, Efq; Borough of Cricklade. Edmund Dunch, Efq; James Vernon, Efq; Borough of Great-Bedwin. f Rr. Hon. Charles, Lord Bruce. Borough of Luggerfrtall. f Hon. Robert Bruce. Efq; Borough of Old Narum. f William Harvey, Efq; f Robert Pitt, Efq; Borough of Wotton-BafTet. f Francis Popham, Efq ; Hon. Robert Cecil!, Efq; Borough of Marlborough. f Hon. James Bruce, Efq; Sir Edward Erule, Bar. Worcefierjbhe. t Sir John Packington, Bar. Sir Tho. Cookes Windford, Bar. City of Worcefter, Thomas Wylde, Efq; f Samuel Swift, Efq; Borough of Droitwich. f Edward Foley, Efq; f Edward Winnington, Efq; Borough ot Evelham. Sir Edward Goodere, Bar. John Rudge, Efq; Yorkjbire. f Rt. Hon: Henry, L.VifcDown> Sir William Strickland; Bar, City of York. Sir William Robinfon, Bar. f Robert Benlbn, Efq; Tcwn Tow*n of Kingfton upon Hull. Sir William St. Quintin, Bar. .William Maifter, Efq; Borough of Knrae&borough. Chriftopher Stockdale, Efcu | Robert Byerley, Efq; Borough of Scarborough. William Thorripfon, Efq; f John Huagerford, Efq; . Borough of Kippon. f John Aiflabie, Efq- f John Sharpe, Efq; Borough of Richmond. Thomas York, Efq; ** Hon.- Henry Mordaunt, Efq; dead. «*.„. BoC?u^ of Heydon- William Poulteney, jun. Efq; Hugh Cholmeley/ Efq; 4s Borough of Borougbbrigg. I bir Brian Stapylton, Bar. Craven Peyton, Efq. „,.„. Borough of Malton. William Palmes, Efq- William Strickland, Efq. -. ■_, Borough of Tbirsk. Sir Thomas Frankland, Efq; ' — Smalt, Efq; 4' Borough of Aldborough. .William Jeffop, Efq; «. B°r?"gh of Beverley. $n;ShArIes Hotham, Bar. f Sir Michael Wharton, Bar; *;r wr. f Rt. Hon. Richard, Lord count Bulkeley. ♦ ^.Bo^lISh„cf Beaumaris. t The Hon. Henry Bertie, Efqj Brecon. f Sir Edward Williams, Ban ± r j T?Vn«.of Brecon. f Edward Jeffreys, Efq5 Cardigan. f Lewis Price, EJb; . c. cT0Wnr°f Cardigan. f Sir Simon Harcourr j Kt. Carmarthen* Griffin Rice, E/q. . 'J0™; of Carmarthen. Richard Vaughan, Efq; x urJown^ Carnarvan. t William Griffith, Efq; Denbigh. f Sir Richard Middleton, Bar. Town of Denbigh. t Sir William Williams, Bar. Town of Flint. t Sir John^Conway, Bar. Glamorgan* f Sir Thomas Manfell, of Mar- gam, Bar. Town of Cardiffe. Sir John Aubrey, Bar. Merioneth. f Richard Vaughan, Efq; Montgomery. f Edward Vaughan, Efq$ Pembroke. WiriotOwen, Efq; Town of Pembroke. Sir Arthur Owen, Bar. Town of Haverford-Weft. f John Laugharne, Efq; Jtadnor. f Thomas Harley, Efq; Town of New Radnor. t The Rt, Hoa. Rob. Harley, Ef|> j C 257 ) ■ . , 1 . . 1 1. 1 .1 1 ■— ■ ..m .■■; THE Lord Haver/hams SPEECH, Which was not Publiflied nil fbme time after the Tryal, Was as follows : MY LORDS, Lord HaverflumV \ X 7 HEN I confider where Speech. V V tms imPcacnment firft began,! cannot but think theDefignof it was very good j but whatever it was in its rlrfl Intendment, 'tis very evident, it has already produced very mifchievous Effects ; it has created great Difturbances in private Families, and Tumults amongft the People, and raifed a Ferment in the Nation, that will not be laid by your Lordlhips Judgments, let that be what it will. It has been a two-edged Mifchief ; gi- ving the Church on the one fide, and the Diffenter on the other, too juft Apprehenfion, that they are both in danger. Nor can j this be wondered at, when your Lord (hips have been told, by fbme of the Managers, of a pretended Divine Right of the Church ; and when it has been more than hinted by the Managers of the S f * H: (258) Houfe of Commons, That the Clergy ought to be dr- re&ed by the Civil Power, what Doctrines they fhould teach ; Nay, when they have authoritatively taken up- on them to interpret Scripture, and charged it as a Crime upon a Minifter, that he had wrefted feveral Pla- ces of it, to his own wicked Intentions. My Lords, After fo noble a Defence made for the Doctor by his Council, and fo great and moving an Apology by bimfelf, I (hould not trouble your Lordihips upon this Occafion, were it not more in Juftification ot tny felf, for the Judgment I mall give, than for the fake of the Doctor, whofe Caufe, I think, now (lands in very little need of it. I was. My Lords, a Sufferer in the late Reigns, as well as others ; I was in the Convention-Parliament, and in the Vote of Abdication ; and am at this day of the fame Principle I was then j and yet, notwith- ftanding this, I am not aihamed to fay to your Lord- ihips, that I think my felf obliged, in Juftice, to acquit the Doctor from the Charge brought againft him in this Article. And tho' this may feem ftrange to fome of your Lordfhips, yet, I hope it will not appear fo very llrange as to fee Bifhops vote againft their own Doc- trines, andDiffenters in themidft of a Mobb, that are pulling down Meeting- Houfes ; efpecially, after the Reafons I thai 1 offer to your Lordfhip's for the fupporc of my Opinion. I fhall not trouble your Lordfhips about the Original of Government, or the divers Forms of it; your Lord- fhips heard that learnedly dilcourfed on by one of the Managers of the Houfe of Commons below : But there is one thing, My Lords, that if my Memory ferves me right, that Gentleman omitted, and it is a Matter too that 1 take to be of the greateft Confluence to any Go- vernment whatfoever ; J mean, the Divine Appoint- ment, or Inftitution of Government it felf; from which Appointment it is, that Men are obliged to Obedience to the Magiftrate, not only for Wrath, or Fear of him, but for Conference- fake, for Dread of a future Punifh- ment, which is the greateft Security the Magiftrare has. And I the rather mention this, becaufe of Notions that (pane People hare of late advanced of their fliwfy (and hava C 259) have found their Advantage too in fo doing) of a Di£ cretionary-Obedience only 5 that is, in my Opinion, whilft the Government is for them, they will be for it j and think themfelves bound to obey no longer. It is not neceffary, to the Proof of this Divine Authority, to fix the juft Time, and Place, when and where, and how the Knowledge of it was firft communicated to Mankind ; it is enough, that we* have it as expreily, as plainly, and as clearly declared, as can be put into Words, that it is fo. There is another thing, My Lords, that in general, I would mention to your Lordihips, before I come to the Article it felf, which may otherwife be the Occafion of fome Miftake in this Debate j we are not now judg- ing according to our own Notions of Politicks, or deter- mining how farRefiftance or Non Refiftance is lawfuL It would be a ftrange Rule of Judgment, to find any Man guilty for the fake of one s own private Opinion, and for the eftablifhing a -Doctrine which he likes, and his Neighbour does not. But the only Queftion before your Lordihips is, whether, and how far, the Houfe of Commons have made good their Charge againft the Z)oc"tor. And, I take Liberty to fay plainly to your; Lordihips, that, in my Opinion, they have been very far from making good their Charge againft him in this Article. My Lords, to prevent the leaft Miftake, I (hall read the Words of the Article to your Lordihips, as they ftand in the Impeachment. " He, the faid Henry Sacheverell, in his faid Sermon a preach'd at St. Pauls, doth fuggeft and maintain, That " the neceffary Means us'd to bring about the faid hap- H py Revolution, were odious and unjuftifiable : That a his late Majefty, in his Declaration, declaimed the fc leaft Imputation of Refiftance, and that to impute cc Refiftance to the faid Revolution is to caft black 'c and odious Colours upon his late Majefty and the faid u Revolution. The Do&or in this Article is charg'd with having maintain'd, That thf neceffary Means ujed to bring about the late happy Revolution mere odious and unjuftifiable. To fupport this, the Commons fay. That having afferted Sfz the ( 2<5o ) ifje general Propofition of the Unlawfulnefs of Refift* i'r^g the fuprerne Power, and not having excepted the particular Cafe of Refinance that was made u(e of as a Means to bring about the late happy Revolution ; he does thereby reflecl both upon the Means and upon the faid Revolution. In Anfwer to this, there have been Two Things infifted upon to your Lordlhips, in Behalf of the Doctor, by his Council : Firft, That in Cafes of fuch a Nature as this, the Exception is always itn- ply'd in the general Rule ; and there was a very unan- swerable Inftance brought in Proof of this, at leaft to moft of your Lordfhips ; it was the Oath of Allegiance to King James j all thofe that took that Oath took it in general Words, and yet fuch an Extraordinary Cafe a9 the Revolution was excepted, tho' not exprefs'd by thofe that took that Oath. The next was, the Doctor, fay they, would have been more juftly blamd, had he mentioned all the Cafes of Exception, which extraor- dinary Cafes ought to anfwer for themfelves, whenever they fall out. And tho' My Lords , thefe Two be a full Anfwer, yet there are two Things more, I think with Submiffion may be added to it, which have not as yet been taken Notice of. The firft is, My Lords, That the Proof againft the Doctor is drawn by Confequences of the Commons own making, which he himfelf difowns 5 and I appeal to that Reverend and Learned Bench, who are great Matters of Controverfy, whether it is not anEftablifh- «?d Rule amongft all Learned Men that have the leaft fpark of Ingenuity, that no Man ought to be charge! with Confequences, let them appear to his Adverfary never fo clearly and undeniably to follow from his AC- fertion, when he himfelf denies thofe Confequences. This is fo known a Maxim, in all Difputes between Pro- fceftants and Papifts, and between Protectants themfelves, that it cannot be denyU Now, the Doclor himfelf denying, as he does, that he had the leaft Thought of including the Revolution under the general Aflertion, or that he apply ?d his Do&rine*ot Non-Re jiftance to that Cafe, cannot, Without the Higbeft Injuftice, be tharg'd with Coni#quences5 which he himfelf utterly denies. In (26i ) In the next place, it is impoflible, in my Opinion, to prove that Rehftance was made ufe of as a Means to bring about the lare happy Revolution ; and confe- quently, is not within the Do&or's general Maxim. Means, My Lords, is a relative Term, and refers to fome End ; and the End and Defign of the Prince of Orange in his coming hither, and of thofe that join'd him when he was here, t being to have the Nation and Rightful Succeflion fecured by a free Parliament, it fol- lows, that whatever Force was at that Time made ufe of, could not be made ufe of as a Means to bring about an End which was never intended. Far be it from me, My Lords, to leflen that great Un- dertaking to deliver us from Popery and Arbitrary Pow- er ; and tho' the Glory of that Enterprize is wholly attributed to King William, 'tis certain, her prefent Majefty had her Share in it, however that is forgotten : For, give me leave to fay, that had not Her Majefty countenanc'd the Undertaking of the Prince of Orange with her Afliftance, in my Opinion, the Succefs had been very dubious. Now is it poffible, My Lords y to imagine, that it was ever the Defign of Her Majefty, or thofe that join'd the Prince of Orange, to take the Crown off King James's, and put it upon King William's Head ? No, My Lords, the avowed great Defign was quite otherwife, as appears by the Declaration it felf, which was read below : It was to reftore and fecure our Laws from the Invasions that had been made upon them by Arbitrary Power : It was to fecure that Right, that all the World knows the Princefs had to the SuccefTion of the Crown, and to have every thing fettled by a free Parliament, and not to make a Revolution by dethroning Xing James, This the Prince himfelf owns, when he fays in his Declaration, he had no other Uefign in Coming hither, but a free Parliament. My Lordsf I take it to be of mod dangerous Confe- quence, to judge any Man by Suggeftions and Innuen- do's : Let what will be faid to juftifie it, it mail neye'r be the Rule of my Judgment. Groundlefs Suggeftions, My Lords, have, within ray Memory, been the Pretence of Power, to cover illegal Opprelfion, with the Shew of Reafcn to the Publick- I will ( 262 ) will give your Lordfiiips but one Infknce of it : It Wis the Cdte of a Reverend Prelate now in the Houfej I snean, the Archbiihopof Tork^: His Gcace was then Dr. Sharp* only. It was in the Year Eighty Six ; there was an Order, directed byway of Letter to the Proteus ant Bifhops, to difcharge all the inferior Clergy from preaching upon controverted Points in -Divinity. They thought it ferved the Z>efigns«of Popery, then, to di- rect Minifters how they (hould preach 5 which was in erTefit, to forbid them to defend their Religion, This Precedent was taken from an Order in Queen Marys Tim e, (fays the printed Account ;) when at the fame time;, it was attacks by the Romijh Priefts with ail the Vigour they were capable of, whiift the Popifti Sermons and Difcourfes were printed by Authority. Notwith- flanding this Order, the Do&or took Occafion, in fome t)f h is Sermons, to vindicate the Church of England, in Opposition to the Frauds and Corruptions of Popery, Buc this, by the Court EmifTaries, was interpreted mucl| the fame way as Dr. Sachevereh Sermon is now, by en- deavouring to beget in the Minds of his Hearers, an ill Opinion of the King and his Government, by infinua- tmg Fears and Jealoufies, to difpofe them to-Difcontenr, and to lead them into Schifm, -Difobedience and Rebel- lion. My Lords , when the Homilies and Articles, when fo many Archbifhops and Biihops, the Universities, and moil of the Foreign Divines too, specially the Lu. thsransy have afferted the fame Doctrine of Non-Refift- anceto the Supreme Power, as Dr. Sacheverell has ; I think it the hardeft Cafe in the World, that this unfor- tunate Gentleman mould be thus (ingled out and made a Criminal, and a kind of Martyr, enduring the Trial of cruel Mockings, yea, moreover, of Bonds and Im- prifonment, for aUsrting the fame Do&rine. 'Tis true, #»*, and Partus, and fome others of the Calvinifatre of another Opinion 5 but 'tis known, that Parent's Com- mentary on the i$tlrof Romans, was burnt at Oxford, by the Order of King James the Firft, for averting the contrary Doftrine. , But there is one thing, My Lords, to aftoniihing in this Profecution, that I cannot but take notice of it : Tho(e,who were ac Man's Eftate at the Revolution,know how (263 ) how indultrious, on the one Side, all that wf»re Friends to King James were, to put his Leaving the 1> Nation then upon the Foot of Force and Refiftance, as thanking this the ftrongeft and bed Argument to julfify hi?, Withdraw- ing himfelf from his People -, they rack'd their Brains to find out Arguments to convince Men, that; his Life was manifeftly in Danger, by flaying here ; and that it was for the fake of that, and His Liberty, that He was forc'd to withdraw; and that his withdrawing was juft, being an A& of Neceflity, and not of Choice. On the other fide, thofe, that were Friends to the Re- volution, made it their Bufinefs to perfuade the World, that all this was but a Colour and Pretence? and that the FacF was quite otherwife ; that theSence and Convict- ion King James had of what he had done prevail'd up- on him rather to throw off the Government, than con- cur with a Free Parliament That this was the only Foot they then put it upon; and that it was not then put upon the Foot of Forfeit- ing the Government by Male-Adminiftration ; which if any Man denies, I appeal to the Papers that were then writ, and are now in Print on this Subject. This being fo, it is very ftrange to fee fo great an A!* teration in Mens Notions of Thing$ 5 and that now, af- ter out Constitution has maintain'd it (df upon this Foot, againftallZtefigns and Attempts that have been made upon it, for above twenty Years, thofe very Men, and that Party, who endeavoured to place the Revolution then, upon King James's Voluntary Defertiori, which they calTd Abdication, mould now, without any Reafot* given, be forchangirfg that Foundation, and do all they can, to put it upon King James's Foot of Force and Re- finance. What, My Lords, are we endeavouring, after twenty Years, to make King James's Title better now than any of his Friends could make it then, and not on- ly finding out Arguments they never thought of, by im- peaching any that dare fo much as cjueftion the Truth and Force of them ? T his, My Lords, feems very ftrange. My Lords i I cannot hut take Notice to your Lord- ships, of what was faid by that Noble Lord, who fpoke lad, becaufe, to me it appears to bea Matter of the lad Confequence, to the Honour of Her prefent Majeil} He told your Lot ddiipsj that the bell Title Her JMajefty ( a«4) had to the Crown was He* Parliamentary Title" : I muff take Liberty to affirm the quite contrary ; and that, in my Opinion, the beft Title, Her Majefty has, is Her Hereditary Title ; tho' I deny not, but that the Aft of Parliament is a Strengthening and Confirmation of that Title: But I deny a Parliamentary Title to be the on- ly, or beft Title that the Queen has to the Crown fhe wears. And in faying this, I do not fear the malicious Reflections of having a fquinting Regard to the Title of any Perfon on the other fide the Water ; for in af- firming (as I now do to your Lordftiips) that Her Majefty is my Rightful and Lawful Queen, by Right of Inheritance, and as fhe is Daughter to King James the Second, I do in fo many Words affirm alfo, that there is no other Perfon the Rightful and Lawful Heir to King James, but her felf And if the prefent Im- peachment of Z)r. Sacheverell (hall have this Effect (as I hope it will) to convince the Nation of the undoubted Truth of Her Majefty's Right of Inheritance to the Crown, (a Matter now (o induftrioufty oppos'd) the Security this will bring to Her Majefty's Perfon anc! Crown, and to the Succeffion in the Proteftant Line, and Illuftrious Houfe of Hanover afterwards, fhall pre- vail with me eafily to pardon any warm and unguarded Expreffions, that the Doftor may here or there have dropt, and made ufe of in any of his Difcourfes. Tho' the Tongue of an Angela in all Effeft, would have made no other Impreflion than what his Lordfhifs did at the Juncture of Time this was fpoken in, and the tefult of thefe folemn Debates wa$, that the Commons were declar'd to have made good their Impeachment in every Article, and Sentence was pafs'd on the Poftor, That he (hottld be fufiended from the Office of a Treacher for Three Tears fucceffive to it, and his Two Sermons Iwrrfdby the Hands of the Common Hang-man^ &c. yet the Sequel of this Tryal, the Change of the Miniftry, and the PhTolution of the Parliament, by the repeated Addrefles of the People, has manifestly (hewn, that tho' his Lord&iphad not the Fortune to prevail, by the Soundnefs of his Arguments, he has made his Skill in divination appear from what be has fo happily peditted, F I N I S. An Exaft TABLE O F T H E CONTENTS N. B. There being Two Signatures, the Firft from Page 3. to Page 232. The Second from Page \.to Page 2 $6. The Reader is defired to take notice^ that this Aflerish (* ) denotes the Second Signature. A, ADdrefs of the Commons, againft the Tumults, jp. 29. Of Thanks for the Queen's Anfwer, p. ;c. Some Exceptions taken at itJM. For a Fail, p. * 248. Anglefea, Earl of, his Opini- on about Dr. SacbeverelPs Sermons, p, * 209. ARTICLES of Impeach- ment zgzmttDr.Sacbeversll, JTTORNEl-GenerAl opens the Charge of the Com- mons againft Dc.Sacbeverell, BOoks, Blafphemous, &c. Order'd to be Burnt, Barret, Mr. William, appoint- ed Solicitor to the Mana- gers for Proiecuting the Impeachment againit Dr, Sacheverell, p. 28. Bor?es,Di,y\$2ii\sDi.SachevereUt Boyle, Mr. Secretary, his Speech to maintain the Fourth Article, p. 148. Bromley, Mr. William, move* for the Commons aflifUng at Dr. SachevenlVs Tiyal in a Grand Committee , p. 27. Buckingham, Duke of, makes a Motion, p. 92. His Spee- ches in the Houfe of LordSy T t CHAM- the CONTENTS. c. ' f^HAXCEL LOR, Lord, \^j his Speech to Dr. Sa- cbeverell, at the Opening of the Tryal, f. ?!. His Speeches in the Houfe of Peers, p.* 236. 237. He over-rules Dr. SacbevereWs Pleas, f. **4S. And Pro- nounces his Sentence, p. * 246. Chancellor of the Exchequer, his Speech to make good the Fourth Article, p. 1S0. Clements, Henry, Examined be- fore the Houfe of Com- mons, p. 6. COMMONS, their Vote a- gainfl Dr. SacbevereWs Ser- mons, p. 4. They Examine the Dr. p. 5. and Henry Clements, p. 6. They refolve to Impeach the Dr. Ibid, Their Refblutions in favour of Mr. Hoadly, p. 7. Their Replication to Dr. Sache- vereWs Anfwer^.26. They appoint Managers for his Tryal,/>. 27. Their Addrefs about the Tumults, p. 29. Their Addrefs of Thanks, p. 30. They refolve to de- mand Judgment againft Dr. SaeJjeverell, p. * 243. Lilt of fuch Members as Voted for or againil him, p.* 250. Comftou, Mr. Ms Speech, to maintain ihe Third Arti- cle, p. iz4« 'Quiingsby, Lord,his Sprerh to make good the Third Ar- ticle, jP. I Z6r Ckwper, Spencer, LiC\ seconds Mr. polben in tue Com- plaint agzinitfDs. S&cheve- relVs Sermons, p. 5. His Speech to make good the Second Article,/?. 111. His Reply to the Doctor's De- fence, on the faid Article, $. * 141. D. DEBATE in the Houfe of Commons,about ad- mitting Dr. Sacbeverell to Bail,/'. 8. About the Arti- cles of Impeachment, £. 10. About engroffing of the Replication, p. 26. About the manner of the Com- mons afliiting at Dr. 6'a- cbevereWs Tryal, p. 27, About an Addrefs for a Fait, f. * 247. Debates in the Houfe of Lords, p. * —180. 184. 210. 211. ziz.&M.p.*iv- Decree of the Univerfity of Oxford, Burnt, p. * 249. Dedication of the Derby Ser- mon, p. 4. Dee, Mr. appointed one of the Council for Dr. Sacbe- verell, p. 28. His Speech about the Firil Article, p. 20 1. About the Second, p.* 10. About the Third, p. * 31. About the Fourth, p. * 60. Dodd, Mr. appointed one of the Council for Dr. Sacbe- verell, p. 28. His Speech about the Firit Article, p. 177. About the Second, p. *i. About the Third, p. * 21. About the Fouiths p. * 49. DOLBEN, Jo/j7?, Efqj makes ihe fir ft motion againlt Dr. t Sacbeverell1 a Sermons, /. ?. The CONTENTS. Is order'd to Impeach Dr. Sacbeverell at the Bar of the Lords Houfe, p. 6. which he performs, p. 7. He reports the Articles of Impeachment,^, 9. Debate about them,^. 10. He car- ries the Articles of Im- peachment to the Lords, p. 11. His Report about Dr. SacbeverelVs Anfwer, p. 25. He carries the Re- plication of the Commons to the Lords, p. 26. His Speech to make good the Third Article, p. 127. He is put to explain himfelf, /. ISO. E. ELizahtb,QiieenJler Let- ter to the Biihops,/?.* 1 8. Eyre, Mr. See Sollicitor Gene- ral F. T7£>rm, Lord, his Speeches J7 in the Houfe of Peers, f. * 234. 235. G Award, Sir Samuel, Lord- Mayor, Examin'd by the Commons, about Dr. SacbeverelVs Sermon, p. 6. moves to be excufed from attending at the Burning ofDr.SacbevereWs Sermons , p. * 247. G«>7i/9r,Lord,his Speeches in the Houfe of Lords, p. * *$3,i34>*3S. Grindal, Archbifhop, his Let- ter to the Council, p. * 19. H. HAllifix, Lord, his Spee- ches in the Houfe of Peers, p. * 23$. 236. HARCOURT, Sir Simony pointed one of the Council for Dr. Sacbeverell, p. 28. His Speech in his Defence, as to the Firit Article, p. 158. Haverjham, Lord, his Speeches, p. * 232. and 257. Hawles, Sir Jobn, his Speech to make good the Firit Ar- ticle, p. 72. Hencbman, Dr. appointed one of the Council for Dr. Sa- cbeverell, p, 28. His Speech about the Firit Article, /. 204. About the Second, p. * 12. About theThird,^. * g2. About the Fourth, Henley, Mr. Ant . makes a Mo- tion in favour of MxMoadly, J>. 7- HOADL r,Mr. Be?ijamm,Re~ folutions of the Houfe of Commons in his Favour, f.7. Holland, Sir Jo/jh, 7;h «^>«!.*8j. Jerfey, Earl of, his Speeches in the Houfe of Lords, p. Ha, Earl of, his Speech in the Houfe of Lords, />. * 236. Judges, give their Opinions, in a Quellion propos'd by the Earl of Nottingham, p. *i79. Judgment given by the Lofds in Weftminjler-Hall, p. * *?9< . K K. Ing, Sir Peter >his Speech to make out the Second Article, pi 92. His Reply to the Doitoi's Defence upon the laid Article, a, * 128. Ancajier, Dr. Bails Dr. ZJ Sacheveroll, p. 1$. Ltchmere, Mr. His Speech, Ha- ting the Grounds of the Charge of the Commons, againft Dr. Sacheverell^ p> 38. His Speech to main- tain the Fourth Article, and fumming up what had been alledg'd by the other Managers, J>. .153. His Re- ply to the Doctor's Defence upon the Firft Article, p. * 114. Lincoln, Lord Bilhop of, his Speech in the Houfe of Peers, about the Second Article, p,* 211, M. MArr, Earl of, his Speech in the Houfe of Lords, p.* il6. Montague, Sir James, See At* torney-General, N N. Orth and Grey, Lord, his Speeches in the Houfe of Peers, p<* 233,235. Norwich, Lord Bifhop of, his Speech in the Houfe of Peers, about the Second Article, p.* iz$< Nottingham, Earl of, propofes an unexpected Queltion, p, * 178. His Speeches in the Houfe of Peers, ^.^234, f^\ RJNGE,?rince of, his Vy Declaration, p. 228. Oxford, Lord Bifhop of, his Speech in the Houfe of Peers, about the Firft Ar- ticle, p. * 199. P ARK ER, Sit Thomaf, re- ports the Addrefs of Thanks of the Commons, p. 30. His Speech to make good the Fourth Article, p. 130. His Reply to the Doftors Anfwers to the Firft Article, p< * 159. PauletjLordjyilliamJiisSriezch to make good the Second Article, p, no, Thipfto The CONTENTS. PInpps, Mr. Appointed one of the Council for Dr. Sache- vevelly p. 28. His Speech about the Firft Article, p. 186. About the Second* p. * 4. About the Third, p. * 24«About the Fourth, p. * 52. „ Pvotefls of feveral Lords, p . * 180, 181. '& fe%. 210. — 232. &/(?£. 238. 24s. Q.. QUEEN, Her Anfwer to the Addrefs about the '1 umults, p. 29. and to the Addrefs for a Fall, p. * 248. flotations for Dr. Sacheverell, read, ^. 208. gf /.* 233,234,236. S. SACHEVERELL, Dr. Henry % Complaint made againit his Sermons, in the Houfe of Commons, h h Cenfure pait upon the faid Sermons, p. 4. He is Exa- min'd before the Commons, p. 5. Order 'd to be Im- peach'd, p. 6. and taken intoCuitody, Ibid, He pe- titions to be admitted to Bail, p. 7. which is deni- ed him by the CoiTtmon$> p. 8. Debate about it,IkiL He is deliver'd to the Black-Rod, p. 15. And up- on his Petition to the Lords, admitted to Bail, Ibid. His Anfwer to the Articles of Impeachment, Ibid, gj> feq. His Tryal be- gins,^. 3i.His SPEECH, p. * 66. He is declared Guilty,^. * 240.H1S Speech thereupon, p. ^241. His Sentence, p. * 246. Salisbury, or Sarum, Bijhop of, his Speech in the Houfe of Peers, about the Firft Ar- ticle, and in Maintenance of the Revolution, p. * 184. Shrew/bury, T)\xke of,his Speech in the Houfe of Lords,/?. * 237. Smith, Mr. See, Chancellor of the Exchequer. Sollicxtor General, his Speech to make good the Firit Ar- ticle, p. 56. His Reply to the Do&or's Defence upon the faid Article, p. * 102* Sowers, Lord, his Speech in the Houfe of Lords, p. * 235. Stanhope, Lieutenant - Gene- ral, his Speech to make good the Firft Article, p. 83. Sunderland, Earl of,his Spee- ches in the Houfe of Lords, p. *23*. 237- THompfo?i,Mr. One of the Managers } his Speech to make good the Third Article,/?. 116. His Reply to The CONTENTS. to Df 4 SaclevereWs Defence on the faid Article.^** 149. Tfompfon, Mr. His Cafe men- tioned in the Debate about admitting Dr.Sacheverell to Bail, jp. 9, Toleration, Arguments in Vin- dication of it, p. 98, 99. &feq. 112, II$,gjV. Treafurer, Lord, his Speech in the Houfe of Lords,^. * z}6. Tumults and Riots in London, p. 28. 29. W. Y XJJlpoh, Robert JiLfq'j his V V Speech to make good the Firft Article,^. (58, Wharton, Earl of, fpeaks in Praife of the prefent Ad- miniftration,j>. * 232., His Speeches about the manner of giving Judgment, ^. * 254, 2}$, 2 $6*. F I N 1 S. The Perils of F al'se Brethren, loth in Churchy and State: Set forth in a SERMON PREACHD Before the Right Honourable THE lord-mayor; Aldermen, and Citizens of London, AT THE CATHEDRAL-Cbmb of St. Paul, On the Fifth of Novemlery 1709. — — Haud Imprudenter Speculates, Nemincm celerius Opprimi; quam Qui nihil timgret, & Frequentifllmum Inirium efle Calamitath SE-* CURITATEM. KPatcrc. L.z. cn8. — When they fhall fay PEACE, and SAFETT% then Sodden De- ftru&ion cometh upon them as Travail upon a Woman with Child, and they /kail not efcaps% i Thelf. c. s» v. 3« By HENRT SACHEVERELL) D. D. Fellow of Magdalen-College , Oxon% and Chaplain of St. Savi- our'Sy Southward LONDON, Printed, and Sold by H, Bills, in Black-Fry gts, near the Waisr-fide, 171c. To the Right Honourable SkSAMVEL GARP.ARD, Ear. Lord - Mayor of the City of London. My Lord, BT Tour Lordfhip'/ Command this Difcourfe Venture* to appear in Publick, in Contempt of all thofe Scandalous Mifrcprefentations the Malicious Adverfaries of Our Church have Traduced it with , and that Impartial Sentence it had the Honour to Receive from fome of thofe Acute, and Wife Judges, who Condemn'd it without Sight, or Hearing. But 'Us no New Thing with fome Men to Cenfure at Random, what lies out of their Sphere ; Examining a Caufe may frove Dangerous, for Fear of their Own ConvidHon of its Merirs. When Men are Refolv'd to Leap into a Gulph, the befi way is to (hut their Eyes, for fear they Jhould See their Danger, and Repent of their Folly : When they are thus Abandon^ , and Given up to Ruin , the Charitable Hand5 that weuld hold out an Unwelcome Light to Prevent it9 muft txpeel to he Treated vfitb that ungrateful Infolcnce, and Re- proach, which ufually Attends the Generous Freedom of thofe who Dare fftak Seafonable 3 and Neceflary Truths. That Patients Cafe doubtlefi is very Defperate, that fets himfelf againft His Cure ; and when Men are fo ftufidly harden'd in their Errors as to Refill the mofi Glaring Evi- dence, there s no Room for Argument, or Gofpel. Mofes, and the Prophets, may with Chrift, and his Apoftles, be Banifh'd Our Synagogues, when Truth muft he Opprefsd by Number, and Noife, and Rebellious Appeals to the People; as the only Judges of Right, and Wrong, and the Dernier Refort of Juftice, and Dominion. Are not theje the Fafhi- onabie Methods now made ufe of to Over- bear, and Silence Our Church, to Affront, and Revile Our Legiflature, in order to Break in upon the Prerogative of the Crown ? By Threatning them with Imaginary Legions, and a Popular Tribunal, where their Authority and Eftabllfhment are to U \ The Dedication: he Try'd, and Determine I To put a Stop to witch Dange- rous, and Encroaching Mifchief, that now with Impunity walks up and down thro'' this Diftra&ed Kingdom, I thought it my Duty, ( being Summed to this Office by Tour Lordfhip) to Difc barge it in the be ft Method I could , to Freferve Us from thefe Malicious Defigns, by endeavouring, if pfible, to Open the Eyes of the Deluded People, in this Our Great Metropolis- being Confcious of what prodigious Importance it is to the Welfare of the whole Nation, to have its Rich and Powerful Inhabitants fet right in their Notions of Go- vernment, both in Church, and State ^ that they may not be Flatter'd into their Ruin 5 but feeing the Fatal Conferences of thefe Damnable Falfe Doctrines, which fomc Seditious Im- poftors have Laboured to Poifon 'em with, may Forfake, and Deteft them. I am confident, My Lord, that this Glorious and Renown'd City can Boafc of fo many Excellent Exam- ples of Unftiaken Steadinefs, Difinterefted Probity, and true ILzzX, and Loyalty for Our Church and Sovereign, that if they would Aci with the fame open and undaunted Refolu- tion Tour Lordfhip does, thefe Affrighting Phantoms muft Vanifly : But if Honeft Gentlemen will Jit ftiU, and give up their Caufe thro* want of Courage, or a Juft Senfe of the Dangerous Attempts of Our Enemies, without the Spirit of Trophecy We may foretel what will become of Our Conftitu- tion, when 'tis fo Vigoroufly Attack'd from without, and fo Lazily Defended fom within. We are told by thefe Men, who would fain (hut both Our Eyes and Our Mouth?, in order the more effectually to Un- dermine and Dcftroy Uj, that the Pulpit is not a Tlace far Politicks^ and that 'tis the Bufwefs of a Clergy-Man ro Preach Peacej and not Sound a Trumpet in Sion, fo exprefly con- trary to the Command of God, to Cry aloud, and Spare not. My Lord j 1 was always humbly of Opinion, that the Fifth Commandment wm Genuine \ the Fanaticks would do w^ to ftrike that Dangerous Precept cut of the Decalogue, at the Papifts have the Second, that neither Wright Rife in Judg- ment again ft thefe United Friends and Brethren. Now as this ft and s the Firft in the Second Table, is it not of tie mt- mvft Importance, to be rightly Uadefftood, m containing tbi A 2 Prill* The Dedication. Principal Duty that We Owe to God's Vice-Gerents5 which has bten fo Scandaloujly and ViUainoufly Mifinterprcted of late, 10 the Great Difhonour of Both > Certainly Our Church thought fo formerly, when it took fuch Care to Guard Our Obe- dience, with wore Homilies, concerning the Peril of Rebel- lion, than of any other Sin. And when was more Reafonfor Enforcing their Doctrines than now$ when Wt fee theft Ad- mirahle Diffuafives againft Faction and Sedition malicioujly Wrefled to Countenance, and Support it ? If Our Excel- lent Con dilution apprehends no Hzzzrdfrom thefe Licentious Proceedings, I am Jure thofe who wouldDefend it from them9 have reafon to do fo with regard to their Own Perfons : Our Taftors -cartt do their Duty without being Menaced for it, and Slander'd by the Vile Amanuenfes of the Mob, to expofe us to their Fury, as Papifts, and Men Difaffe&ed to Her Ma- jtfty's Government , whofe Safety, Rights, and Eftablifli- menr, together with thofe of the Church, Ifefo earneftly contend for •, which Ifolemnly here Declare ( as I did before in this Dijcourfe) to be my only Aim and Intention ; and in an humble way to follow the Foorfteps of Tour Lordflbip, who is fo Bright an Ornament, ^w^Support of them. That this Great City may Flourijb under Tour Aufpicious Conduct, and never want a Magiftrate of your fteady Principles to Guide and Govern it, is the Hearty Frayer of. My Lord, Your Lordlhip's Moft Humble Servant, Henry Sacheverell. 2 Cor. xL 26. In Perils among False Brethren. AMONG All the moft Dreadful Plots that ever Threatc'd this Churchy and Kingdom, the Djfrml Tragedy contriv'd as this Day to be Executed on Bothy may juftly Claim the Horrible Precedence, and confequently the Highefl Expreffions of Our Gratitude for fo Aftonifh- ing and Miraculous a Deliverance from it. For whether We confider the Black Depth of its fabtle Contrivance, the Deftruftive Extent, and S*«- guinary Conferences of it, or its Surprizing and Unaccountable Difcoveryy We muft Confefs, that nothing but the A2-powerfal% and Gracious Hand of God, inrerpofing again ft the utter Subverfion of Our Nation, and Reli- gion% could have prevented fuch a Fatal Confpiracy, A Confpiracy ! fo full of the moft Unheard-of Malice, raoft Infatiable Cruelty, rnoft Diabolical Revenge^ as only could be Hatched in the Cabinet-Council of /ft//, and Brought forth in a Conclave of Romifh Jefuits ! Now, tho' the Hi/lory of this Unparallell'd My fiery of Iniquity, wis D*/7g«V again ft Us at fuch a Di- fiance of Time, and the Facl fo evidently Acknowledged, that the Papifls themfelves are fo far from Denying, that they Ext J ity with the Highefl: Panegyrics , fo that there need3 neither Proof of the One, nor Repetition of the Other : Yet doubtlefs 'tis as much Our Duty, as Interest, to keep op the Annual Celebration of this Never-to-be-forgotten Fefiival. For that the very Face, and Shadow of Oar Church, and Confiitution, is yet Survi- ving, That this Good and Plow Relit! of the Royal Family, Si's now Hap- pily upoa theThrone of Her Great Anceflors>, That Our Hierarchy and No- bility was not finally Extirpated,!^ cut off ; That Our Country was not made an Aceldama, a Field of Blood, and a Receptacle of Ufurping Robbers ; Thac ' we yer, without Slavery, Superflition, or Idolatry, enjoy the Benefit of Our Excellent Law/, and moft Holy ProfeJ]ion9 UndehTd: In a Word, that God has yet Pouchjafed Us f&« Opportunity of coming into his Prefence, to ^i-- knowledge thefe Inestimable Bleflings, is oving to his Mercy fo fignally fliewn to Us, in Dilappointing the Barbarous MsJJacre inrended This Day. A Day ! which ought to ftand for Ever in the Englifh Kalendary as an Eternal j£razt the One end, as the Thirtieth of January at the Other, for Indelible Monuments of the Irreconcileable Rage, and Blood-thirftinsfs of both the Popifh, and Fanatick Enemies of Our Church, and Government I For thefe are equally fuch Treacherous FALSE BRETHREN, from whom we moft always expect the utmofi Penis, and againft whom we can never fufficiently A m Our f-lves with the greateft Cautioned Security. Thefe TWO DAY S, indeed, arc but One United Proof, and r/y?y? Projefied ; fo is the Other an Humiliation, for whatG^d permit- ted the Latter; by Their Help and Diretlion, to put in Exccurioa. I think therefore, the Beft way of Acknowledging* Thefe Great Mtrciet, and A 3 JMg- 6 The Perils of False Brethren, Judgments of God, and Acquitting Both Solemnities in a Proper way, is by Co juftly Confidering Our Cir cunt fiances with refpecl. to Each Side, as to Guard againft Their Malicious, and Factious Dejigns for the future ; that we may never Jrtift Either, to need a Second Deliverance from thofe Villain- aus Enterpriz.es, they will never ceafe to put in Practice, whenerer they fee an Opportunity of doing it with Security. Now •? Perfecution, and Affliction, were the Diftinguifhing Badges of the MefUiih, who was a Afa* 0/ Sorrows, and Acquainted with Griefs ; fo to Convince His Di/ciples, that his Kingdom wait not of this Wortdfle Bequeath'd the fame fad Legacy to them, to /&«>•* the Character, as well as imitate the Example, of thar fyiag Lor^, and Mafter. With unfhaken Courage, and Refolution, to take up His'B/m^ Cro/>, and follow rhe Great Leader of their Salvation ; to Mar^with a Cheerful Magnanimity thro' all che.Ptmwj 0/ Darknefs, looking unto Jefus, the Author and Finifher oj Their Faith, who, for the Joy that was fet before Him, Endued the Crofs, dejpifing the Shame, and is fet down at the Right-hand of the Throne of God. Thus was His Church to expect no Better Treatment than Her Great Founder, and Origi- nal, to pafs thre' the fame Fiery Trial, to be made V erf eel through Sufferings, to be Militant here, in order to be Triumphant hereafter ; and like Hint, to be Crowned with Thorns in This World, ro obtain a Crown of Glory'm the Next. Not only to Encounter theOpen Fury and Violence of Her Profefs'd, and Inveterate Enemiis ; bur (which was the Bitter eft Part of Her Sufferings') like Her Saviour, to be Betray'd] and perfidioufly Given up by Her Own Falje- hearted, and Infidious Apoftles. As the Hiftories of the Church in All Ages are as 'twere but One Gonti- Eu'd Ratification of this Melancholly Truth, made up of fo many Mourn** ful Narratives, of the Unhappy Lives, and Difaftrous Deaths of S*/*tt ^ Martyrs, and Confeffers, who Bravely £*#/' Bloody fo jt is Exemplify 'd in no One Inftance more than in that Primitive, and Heroic Champion of Chriftianity, the Author of this Epiflle. Wherein, for rhe Wonder , and Emulation of Pofterity, He has Recorded a Long and Frightful Catalogue of thofe AftoniGiing Calamities He had underwent in the propagation of the Gcfpel. Such Ample Satisfaction, did the Pious Labours of the Convert, make for the wicked Perfecution of the Jews $ when by a Miraculous Turn of Providence, the Greateft Sinner was Chang'd into the Devout eft Satnt, and rhe moft Zealous Bigot againil, into the moft Refolute Sufferer for, Religion. Yet however this Great Apoftle, might have Atrain'd fo Extraordinary a Degree of A/cri^ as to Out-fkine all that AW* Army of Martyrs, which Adorn the Bloody Kalendar of the Church ; nay, as He Ex- prefles it, fo row* Hei^r * w£*'/ S&rrf 0/ *j&* Greateft Apoftles, and as 'twere to Pye Characters with the very Chofen of the So» 0/ God-, Docs it not feem a little to carry the ^4z> of Oftentation, and Vam-Glwy, thus to Claim the Pre-eminence and Supremacy, and to Boaft bimfelf in that Pompous Shew cf Services, that he had done for God> and the Church ? But We (hall eafiiy Reconcile the Apotlle, and the Orator, and find ao Imputation upon H;s Modefty, if we Coniider the Occafion of it. He had (as He informs Us) wuh imiehPrf/ft/, and Expence, Planted Chriftianity >n Corinth, wheie He had ro fboncr by a Miraculous Miniftry Eftabli£hd it, but fevesal hotb in 'Churchy and Statey &e. 7 Vatfe Apiftltt , and Seducers, were in his Abfcnce Crept into the Church* to Vitiate, and Corrupt hie New Profelytes, under the Prercnce of More ' Purity , and Holinefs, (like ©ur Modern Setlariftt) toraifc a Schifm amongft 'cm, and to Draw them off from the Opinion they had of Sr.Paul $ by Ridiculing Him for his Perfon, and Addrefs, as a Little, Un-edifying, Un- gifted Treacher, of a weak Bodily Prefence, and Contempt ible Speech j thus Wounding the Miniftry, thro* the Sides of the Minifler. Sich Slights, and Provocations , cerrainly were a Sufficient Ground for the Apoflle to Infill up- on his Character, left rhe Ga/jj*/ (hould Suffer by it } And with Authority to Rebuke the Ingratitude of the Corinthians, and Vindictteh\s Dignity, and Tranfcendent Excellencies, agaJnft rhe bafe. Lyes, and Calumnies caft upon Him by fuch Falfe Apoflles, Deceit ful Workers, Transforming t hem fe he sin- to the Apoftles of Chrift, like their True Father the Devil, Transforming himfelfinto an Angel of Light-, With what Juftice then might He here ftand upon the Comparison, when thus vilely Run down, by fuch Wretched, Empty, Hypocritical Sophiflers ? To Appeal to his Spiritual Gifts, and' Re- velations, and Sufferings, in Competition with fuch Impudent Boafling, Self-conceited Pretenders, was the Loweft A& of Humility, and Good Na- ture j to Condefcend to Difpute with fuch as ought to be Anfwerd, not with Arguments, but Anathema's ! Yet behold the Singular Modefly of this Great Apoflle ! He cannot enter upon his Own Juflification, without much Relufhnce, and a long Apology to incroduce it. lam become a Fool in Glo- rying, [fays He,) but You have Compelled Me to it. I fpeak as concerning Re- proach, M 'tho' tVe had been Weak: Howbeit, wherein any is Bold, I fpeak foohfhly, I am Bold alfo. Are They Hebrews* Jb am I) Ars They Israelites ? foam /! Are They the Seed of Abraham* fo am J I Are They Mimfters of Chrifil I [peak as a Fool, I am more. In Labours more Abundant, in Stripes above Meafurs, in Prions more frequent, in Deaths often-, of fix Jews Five times receivd I?orty Stripes, five One. Thrice was I beaten with Rods, Once was I Stond, Thrice I fufferd Shipwreck, a Night and a Day h&ve I been in the Deep. In Joumeyings often, in Perils of Waters, in Perils of Robbers, in Perils by my own Country-men, in Perils by the Heathen, in Perils in the' City, in Perils in the Wilderness, in Perils in the Sea, in Perils amongft FALSE BRETHREN. In this Rhetorical Abridgment of the Sufferings, and Dangers of his Life, there's a very Obfervable Gradation ; the Apoflle diWRifes in his Calamities, and puts this Las! as the Highctt Perfetlion of hlyMifery, as that which made the deepesl Imprejjion upon his Pajfions, and what He bore with the Greareft Refentment, and Difficulty. The many fevere Pains, zndl'ortures infli&ed on his Body, were nothing to This, ; nay, ths Good-Nature^ and Mtrcy of Highway-Men, and Pagans, and even the D*- vowing Bojom of the Deep, were ro be Preferred before and fooncr (it feems) to bclrujied to, than the more certainly Deflrutlive, and Fallacious BoJqm of a Treacherous FALSE BRO.THER. I Qiall take the Exprqflion in its full Latitude, without confining it to> the exprefs Defign of the Place ; tho' it were very Oovious to draw a Parallel here, betwixt the fad Circumftances of the Church of Corinth. formerly, and of the Church of England at prefent ; wherein Her Holy CmmttniM. has been Rent, and Divided by Fa-clious*, and Scbifmatical toftpors ; Her Pur* ,P^# has been Corrupted, aqd DefrjI.^HzrPr*- 8 /^Perils 0/ False Brethren; witive Worfiip and Difcipline Prophan'd, and Abused j Her Sacred Orders Dsnyd, and Vilify d ; Her Priests, and Proftfors (like Sr. Paul,) Calum- niated, Mifreprefented, and RidicuVd j Her Altars, and Sacraments Pro- jlitutedto Hypocrites, Deifts, Socinians, and Atheifts ; and this done, I wifti I could nor fay, without Difcouragement, I am fure with Impunity , not only by Our Profefs'd Enemies, but which is worfe, by Our Pretended Friends, and FALSE BRETHREN. But to proceed to the Matter before Us : In my Difcourfe upon thefe Words, I fhali endeavour, I. Fir ft, To (hew in what Senfe, and upon what Accounts Men may be Denominated FALSE BRETHREN. II. Secondly, I will lay before you the Great PERIL, and Mijchiefoi fuch both in Church, and State. III. Thirdly, I will fet forth the Heinous Malignity, Enormous Guilt and Folly of this Prodigious Sin. IV. Lajlly, As a Confequence from the whole, I will undertake to Evince what mighty Reafon We have at all Times,and more efpecialiy atprefent, to Stick firmly to the Principles both of Our Church, and Conftitution^ and how much it concerns Us to Beware of all thofe FALSE B R E-» THREN, that Defert, or Betray thera. T. And Firfl, 1 will /hew in what Senfe, and upon what Accounts Men may le denominated FALS E BRE THREN. In order to which it will be Ne- ce(Iary to State the full Extent of the Nature of FALSE BROTHERHOOD. This Term VtV&x&eKcpzOL being of a Relative Signification, muft Re- fpe& Men as confider'd under all Social Cafes, or as they are plac'd under fuch Regards, ann Cir cum fiances, as in Duty Oblige them both to Think, Speak, and Act, with Truth, and Integrity, correfpondent to their Inward Princi- ples, and Outward Pr of effions. And wherein they areTound Deviating Wil- fully from Either, by an onreafonable Alteration of 'judgment, by any Ta- cit Mental Referve, or Equivocation^ upon any Indirect Ends, or Dejtgns, or Guiding their ExpreJJions and Attions contrary to thefe Stated Rules, they are Guilty of F/ilfhood, both in Confcience, and Practice, of a Breach of that Veracity, Juftice, and Trust, that they owe to God, Themfelves, and the World, and are properly what are ftyi'd in the Text FALSE BRE- THREN. For whereas every Man that either Believes, Speaks, or Acts Rationally, muft be fuppo^d to have fome Standing-Ground, and Meafure of Judgment, fetrl'd upon fome Grand, Primitive Maxims of Truth, both Spe- culative, and Practical, wherhrr founded upon Revelation, Reafon, or Ho- nour, which are what we call any Man's Principles either in Religion, Soci- ety, or Fricndftnp : It thefe Fundamental Axioms have with true Delibera- tion been Sifted, and Weigh'd, not only as to their Intrinfic Nature, and Goadnefs, but as to their Outward Tendency, and Conferences, they muft appear, rho* not perhaps as Infallible in Themfelves, yet with Refpecl to the Perfon fo considering them, as Demdnftrative Truths, as the Light, and O- racles of God, and Reafon, fet up in his Breail ; by which He is always Obliged to Direct, and Govern his Thoughts, Refolut ions, and Actions; and wirch if he fwerves from, Difewns, or Betrays, upon any Sinifter Mo*. tivi loth in Churchy and State, &c. 9 five whatfoever , ( tho' after this Nice Search rhcy fhould prove Erro- neous) involve the Man in a very Heinous S\n,TrcacherouJ?y acting againft his "judgment, and Giving the Lye both to h\s'Faith, his Reajon, and his Know- ledge. This Matter being thus briefly Premised, it is Evident, thit with Regard to the feveral Objetls it Is Converfant about, Men may fn Three Rejpecls be term'd Guilty of FALSE BROTHERHOOD. i# Firfl, With Relation to God, the Church, or Religion, in which the/ hold Faith, or Communion. 2. Secondly, With Relation to the State, Government , or Society, of which they are Members. 3. Thirdly,, With Relation to thofe Private Perfons, with whom they o have either Friend/hip, Correjpsndence, or Dealing. I. And Fir ft, He is a FALSE BROTHER with Relation to God, Re~ ligien, or the Church in which He holds Communion, rhat Believes, Main- tains, or Propagates any Falfe, or Heterodox Tenet, or Doftrtne, Repugnant to the Exprefc Declarations of Scripture, and the Decrees, or Senfe of the Church, and Antiquity thereupon. For as in the Fir ft Alone are conrain'd the EJfential Points,znd Articles of Oar moil Holy Faith-, fo the Primitive Expositions, Decifions% and Praftice of the Ancient Writers of the Pure, and Uncorrupted Ages of Chriftianity, muft certainly be acknowledg'd the J?*/?, and moft Authentick Comments upon their Meaning, InOppofitton to which, if any Upftart Novelift, or Self-conceited Enthnfiaft, out of Pride, as fee- ting Himfelf above thefe Genuine Oracles of Truth i or out of lgnorance% as being Unacquainted with the Learning, and Records of Antiquity • or out of Perverfneftj fcorning to Submit his Understanding to the Dictates, or Better Reafon of Others; or out of Ambit i:n, and Vain-Glory, as AfFediug to be the HW, and Leader of fome A^n? Se#, or Party, ( All, or Either of. which have, and will be found for ever the Parents of Herefy ) and fihould Break in upon this Sacred Depofitum of the Church ; and fhculd Attempt Blajphemoufty to Co>*r«p* that Inviolable Fountain of Truth, with Erroneous Conjectures, and Vain P£/ lofophical Sy ft ems ; to Prophane, and Degrade the Ho/y Myftertes of Religion, by Abfurd Interpretations, and Impudent R**- fonings ; fhould wc flick to call fuch a Re^/ ro Goaf, and Tray tor to his G&»/v£, a FALSE BROTHER? If a Man fhould Dare not only to Revive, but to Juftify any Execrable, Exploded Herefies,as thofe of Arrius, and Neslorius, denying the Hypoftatical Union, or the Eternity of the Sow 0/ Gc^ j or fhould affirm that /fc £>/ar Go**/ ;« Afaw, or that f£* Godhead war. only locally in his Manhood, as God was in the Cloud, or that fhould Prefome. to Evacuate the G^atf Sanction of the Gojpd, the Eternity of Hell-Torments 5 or Expound any of the Articles of Our F*tith, in fuch a 1.00/^, and Vagrant way, as may fuit 'em as well to a Mahometan's as a Chriftians Creed; and to /<*y 0£*w all thofe Sacred Boundaries of the Church, to lee in al! SecJariffs,, and Schifr.iaticks, of whatfoever £ft7«* Sow */;£ the /flag's Murther j If.to r7*tt*r both the Dthcy czWSchijmjet talk veryTouarabout Union, Gomprehenfon, and Moderation ^ by all which Canting Exprefjtons, they meanl nothing but Getting Money, and Preferment, by holding in with Perfcns or. all Parties,zn6 Characters, Halting betwixt a Diverfity of Opinions,and Re- conciling God, a,nd Belial for Gain. To thefe we may add tho/e who either outofF*ar, or Complaifance, can tamely, and without Vindication, hear their G»» Paradox, the Proof of it will fully appear in a few Instances, The Grand Security of Our Government, and the very Pitfrfr upon which it ftands, is founded upon the j?ea*/y Belief of the Sub'jetTs Obligation to y^- folute, and Unconditional Obedience to the Supream Power, in ^ Things Lawful, and the utter Illegality of Refinance upon any Pretence whatfoever. But this Fundamental Doctrine, notwithstanding its Divine Sanation in the Exprefs Command of Gai in Scripture, and without which, it is impoflible any Government , of any /C and which has been fo long the Honourable, and Diftin- guiflnng Char aclen flic of 0«r Church, is now, it teems, quite Explodedy and RidicuVd oat of Countenance, as an Unfafhionable, Superannuated,nay9 ( which is more wonderful ) as a Dangereus Tenet, utterly inconfiftent with the Right y Liberty, and Property of the PEOPLE; who as Our New Preachers, and New Politicians teach us,( I fuppofe by a New, and Unheard* o(GoJpel,zs well as Laws) have in Contradiction to -ZW£,the P Aug* j, iCio, p 808. are loth in Churchy and State, &c. if are furTcr'd to combine into Bodies, and Seminaries, wherein Atheifm^ Deifm, Tritheifm, Socinianifm, with^ll the Hellifh Principles of Fana- ticifm, Regicide, and Anarchy, are openly Profefs'd, and Taught, to Corrupt and Debauch the Youth of the Hation, in all Parts of ic, down to Poflerity, to the Prefent Reproach, and Future Extirpation of Our £tf»/, and Religion. Certainly the toleration was never intended to 7«« Pe ft Hence at Neon-day, and will R*»^, Diftracl, and Confound; the firmeft and Besl-feltVd Constitution in the World, In fhort, as the Englifb Government can never be Secure on any other Principles, bur. firitllyThoft of the Church of England, fo I will be bold to fay, where any Part of it is Trusled in Perfons of any Other Notions, they muft be Falfe to Themfelves, if They are 7V«* to their 7V«/?j or if They are 2Vtf* to Their Opinions, and lnterefls% muft Betray that Govern- ment They are Enemies to upon Principle. Indeed, We muft do 'era that Juftice, to conftfs, That fince the Seftarifts have found out a way ( which their Fore-Fathers , God knows, as Wicked as they were, Would have Abhorr'd ) to fwallow not only Oaths, but Sacraments, to Qualify themfelves to get into Places, and Preferments ; thefe San- Etify d Hypocrites can put on a /hew of Loyalty, and feem tolerably Eafy in the Governments if they can Engrofs the Honours and Profits of it: But let /&>• Majefiy reach out Her little Finger to touch their Loyns, and thefe Sworn Adverfaries to Paffive Obedience , and the Royal family, /hall fret themfelves, and Curfe their Queen, and their God, and /ball look upwards. And fo much for Our Political FALSE BRE- THREN, till Icometofpeak with 'em again by and by. I proceed, j. In the Third Place, to a more Inferior Species of Them, that Aft in a tower Sphere, namely, Thofe who in their Private Capacities, are FALSE either in their Friend/hip, Correfpondence, or Dealing, But thefe Sinsoflfn* faithfulnefs, as the Pfalmift calls them, being of fo Copious , zn&Extenfive a Nature, and Refpecling the Private Concerns of Human Life, I (hall only trouble You with enumerating fotne of the General Inftances of them : Such as are, Betraying Our Friend in his Secrets, Defer ting h'\m iu his Misfor- tunes, in not Defending^ Reput at ion, when falfe ly Accusyd,\n an Obfeauious Compliant* with Him in any Indirecl, or Difhonourable Meafures, in a Nau* fcous Flattery of his Follies, or Vices, in Permitting him'ih any Error, with- out Admonition, and in giving him wrong Advice, and not leading him ouc of if. Such arealfb, with regard to Our Neighbour, the Concealing, or Mifre- prefenting&ny Truth that he is Concerned to know, Playing upon his Faith with Doubtful and Ambiguous lnfinuationst with Double Equivocations, and D/^f- mulatory Exprejfions, an attual Breach of J^r^, Promife, or ProfeJJion, Clandeftine Undermining by Circumvention, Fraud, or Craft, Back-biting, and fecretly Slandering, Propagating Scandal, and Bearing Falfe Witnefs, and Partaking feveral ways in his Sw ; which are all the Charatferijiicks of an Infidious, Treacherous, and Falfe-hearted Knave, But thefe 'Ftoj being of a Private Confi deration, I haften co the next General Head propos'd. Namely, 1 1. Secordly, 7*0 /^ £f/9rtf* M«a»- bersofit ; whereas'tisevident that this Latitudinarian, Heterogeneous Mix- ture of all Perfons of what different Faith foever, Uniting in Prote fancy, ( which is but one Single Note of the Church of England ) would render it the mod Abftird, Contradictory, and Self-inconfiflent Body in the World. This Spurious, and Villainous Motion, which will take in ^a?/, Quakers, Ma- home tans, and any thing as well as Chriflians, as ridiculoufly incongruous as 'tis,, may be firft obferv'd, as One of thofe Prime Popular Engines^ Our FALSE BRETHREN have made Ufe of to Undermine the very Effential Conftitution of Our Church : which as it ftands Guarded with its Own Sacred Fences, with Her only true So?is in Her Bofem, may Defy all the Malice of the Devil, and Her Enemies, to prevail again fi Her. But luch is Her hard Fortune, Her Word Adverfaries mult be let into Her Bowels, un- der the holy Umbrage of Sons, who neither Believe Her F/U/7&, Own Her Mif* //*?/,Submit to Her Discipline, or comply with Her Liturgy. And to admit this Religious Trojan Horfe, big wkh Armst and Ruine, into Our Holy City, the Streight Gate muft be laid quite Open, Her Walls, and Inclofures pulV d doron% and an High-Road made in upon Her Communion, and this ^«rc Spoufe of Chrift proftituted to more Adulterers thzn the Scarlet Whore in the Revelations. Her Articles muft be Taught the Confufion of all Senfes, Na- tions, and Languages, to render her z Babel, and Defolation. This was in- deed the ready way to F/7/ *j&« Hok/* of God, but with what ? with Pagan Beafis, inftead oiChriftian Sacrifices, with fuch Unhaltovfd, Loathfome and DeteftableGuefts, as would have driven out the Hb/y tyim of God with In- dignation. This Pious Defign of making Our Houfe of Prayer a Den of Thieves, of Reforming Our Church into a Chaos , is well known to have been Attempted fevera! times in this Kingdom, and lately within Our Memory% when all Things feem'd to Favour it, but that Good Providence * which fo happily Interposed, againft the Ruine of Our Church, and Blajied the Long- projecled Szheme of tbefe Ecclefiaftical Achitophels, A Scheme fo Monftrous, fo Romantic^ and Abfurd, thac 'tis hard to fay, whether it 'had more ofVil- lany, or 71»//y in ir, and which even the SeBarifs of all forts ( who will not be fatisfy'd with any thing lefs than Sovereignty ) Exploded and Laugh'd at zsRidicuIousy and Impracticable. It was doubtlefs a wife way to Exemplify Our Brotherly Love, and Charity for the Souls of Men, to put both Them zndOurJelvss into a Gulph op Perdition, by throwing up the EJfentials of Our fi«7£, and the Uniformity of Our Worfhip. But fince this Model oi an Univerfal Liberty, and Coalition fail'd, and thefe FALSE BRETHREN could not carry the Conventicle into the Church, triay are now Refolv'd to bring the C£«rf£ into the Conventicle, which will more Vlaufibh, and S//7? ErTea loth in Church, and State, &c. 1 7 Erfecl her Ruin* What could not be gain 'd by Comprehenfion, and Tolera- tion, muft be brought about by Moderation ,and Occaf tonal Conformity ;thac is, what they could not do by Open Violence, they will not fail by Secret Treachery, to Accomplifh. If the Church can1 t be Pull' d down, it may be -8/&, Violate, and Ejf*# the ffZw/e Frame, and 5o^ of it? Can we either Add to, or Diminifh from the I**/? jfof of Our Religion ? Are we to take its Conftitution as Our Saviour, or his Apoftles deliver d it down to us ; or have we Authority to curtail, mangle, or */^>* it to Suit it to the Pride , Humours, Caprice, and Qualm*pck Stomachs of Obftinatc, Moody, Wayward, and Self conceited Hypocrites, and Enthu/iafis ? Will not fuch a Bafe, and Timeserving Compliance, give the Enemies of Our Church an Occajion of Elafpheming Her as Wm£, and Inconjijient ? Will in not Argue the Illegality of Her Ordinances, and L*w/ ? or that they were too K/g/df", and wanted an Abatement .? Witt not this harden, encourage, nay, jw/jj^ cne Dtflenters in their Opinion of their Separation, when they fee fuch large Allowances, and Conceflions made in its Favour ? What D(/- honourable, affd Unworthy Opinions muft they entertain of the Pr/Vy?/ 0/ that Church, who can Sacrifice their moil Solemn Declarations, and Oaths, to Complaisance, and Preferment ? What would be the £w^ of all this, but to eftabhfh Herefy, and Eraftianifm upon the £«*»/ of Our F«iY&, and D/^ cipline? Would not this Spiritual Leger- de-main, this fallacious Tricking, and Double-dealing, Eradicate all the Principles of Truth, and Honejiy, or Pifff/ out of Mens Minds, make 'em Unconcern d, whether there is aAy* or »tf Religion, Run 'em into znUniverfal Scepticifm, and Infidelity, and mak* 'em All Atheifts, or P*/>*/?j ? For when they hid TarwV afo»f, a»^ abokt, and were grown GiVdfjr with Change, they wotrfd either Give up Themfeives to the Disbelief of all Things, or Reft their Weary d Judgments in the Au- thority of that Church alone, that can Delude 'em with the Spec 1 out Pre- tences ofan Infallible Guide. Thus Our FALSE BRETHREN, as the \Jews did Our Blctfed Saviour, Crucify his Church betwixt Thieves ; and as they committed that execrable Villany under a Pretended Fear, left the R O- M A NS fbould come and take away their Place, and Nation, which by that very ?a& They brought upon Themfeives : So thefe Men, out of a fill it i^ cm F**r,left the modern RO M A NS (hould come, and deftroy Our Church, arc Working that Ruin they pretend to avoid, and under a falfe Zeal of Keeping out Popery, are Themfeives infallibly bringing in That very I'O- JP E R Y into Our Kingdom, with which they iofaljely, and ungratefully en- jdeavour to attaint the Church of England, the Greatest Bulwark, and only [Safeguard again ft Popery in the whole World! Tho* it were highly to be iwitVd that ihoCc excellent Laws made for Her Defence, and Security, were at Iprefent put Strictly into Execution; for the Roman Catholic Agents, and JMifTionaries that fwarm about this Great City, as it were in Defiance and (Contempt of them, Were never more Bufy in making Profdyces to their 6'«- & ferfiition, i § The Perils of False BretSreK, ferftitiov, and Idolatry, and Perverting and BebAuching Her Majeft/s Sub- jects in every Cornei of Our Streets. a. Thus we fee how dangerous thek FALSE B R E T H R E N are to Our Church, which is Co Great, and Confiderable a Branch of our Civil Cenfli- tution, that the Support of Our Government depends upon its Welfare j and what affetls That, muft ftrike at the foundation of our State j Innovations in either rending to the Subverfion of their Law/, and the Unfettling their Eftablifhment, and confequently to Anarchy, and Confufion. But to draw this Argument more home to the Point j I will endeavour to Prove, that Our FALSE BRETHREN are as Dcftrudive of our Civil, or Ecclefiajiicsl Rights. ' For fiift it cannot be deny'd, that tho' they cio fubmit to the Go- vernment, their Obedience is forced, and conflrained, and therefore fo Trea- cherout, and Uncertain, as never to be Trufted, becaufe proceeding upon no Principle, but meer Interefl and Ambition ; and whenever that changes, their Allegiance mutt follow it ; and therefore (to ufe their own Exprejfion ) are as much Occafional Loyalifis to the State, as They are Occafional Confor- rnfis to the Church $ that is, they will Betray either, whenever it is in their Power, and They think it for their Advantage. FALSEHOOD always implies Treachery j and whether that is a Qualification for any One to be Trujled, efpecially with the Guardianflnp of Our Church, or Crown, let Our Governors confider. And certainly nothing but the moil Sottifh Jnfatua* tion, can Co fir Blind both cnir Eyes, and our Judgments, as to make us Believe, that the fame Caufes fhould not produce the fame Ejfecls, and that the fame Latitudinarian, and Republican Notions fiiould not bring forth the fame Rebellious, and Pernicious Conferences, They are pleas'd now to f oft en their Lewd Principles, and cover their Dangerous Tenets with the Name cf Speculative Opinions ; but what fatal Practices they have created, and whether thefe Seditious Thoughts will not again exemplify themfelves in the fame Bloody Aclions, We fliall be convinced, to our Sorrow, if We don't ap- prehend that the Old Leaven of their ?ore fathers is ftill Working in their Prefenf Generation $ and that this Traditional Poyfon ftill remains, in this Brood of 'Vipers ', to Sting Us to Death, is fufficiently Vifible, from the Z>*»- gerous Encroachments They now make upon Our Government, and the Treasonable Reflexions They have Pubh/h'don Her Majefty, God blefs Her! Whofc Hereditary Right to the Thro?te, They have had the Impudence to denyi and ;«»;«/, to make Her a Creature of their own Power-, and that by the fame Principles They plac'd a Crown upon Her, They tell Us They ( that is the Mob) may Re-aifume it at their Pbafure. Nay, now They have ad- vanced themfelves from the Religious Liberty Our Gracious Sovereign has ;*- dulg'd them, to claim a Ciw'/ Right, as they r*rw* ir, and tojuflliihc Church out of/Jw Eflablftment, by Hoifting their Toleration into its Place ; and to convince Ug whzt*alone will fatufy 'cm, infolcntly Demand the Repeal of the Corporation, and Tefl-Atts, as an Ecclefaflical Ufurpation, which indeed. unoVr He* Majefty ( whom Cod long P rcferve for its Comf jrt and Support I is the only Security the Church has to Depend upon. And which they have fo far Eluded by their Abominable Hypocrify, as to have Undetmin'd Her foundations, and Indanger the Government, by filling it with its Profejs'd Emmies. Thefe Cha-ges sre fo Flagrant and Undeniable, that a Man muft be I loth In Church, and State^ &c. ig be very Weak, orfomethingworfe, that thinks or pretends, the Diffenters are to be Gained, or won over by any other Grants^nd Indigencies, xnzn gi- ving up Our Whole Ccnflitution: And he that recedes the leaft Tittle from it, to fatisfy, or Ingratiate with'thefe Clamorous % Insatiable, and Church- Devouring Malignants, knows not w4iat Spirit They are of] or he ought to (hew who is a True Member o?Our Church. Have They not ever fince their firft Unhappy Plantation in this Kingdom, by the Interceftion of That Falfe Sow of the Church, Bifhop GrindaU^ always Improvd, and Rife upon their Demands jn the Permijfion of the Government ? Infomuch that Queen Eli- zabeth, that was Deluded by that Perfidious Prelate to the Toleration of the Genevian Difcipline, found it fuch an Headstrong and Encroaching Monfter, that in Eight Tears, She forefaw it would Endanger the Monarchy, as well as the Hierarchy : And like a Queen of True Refilution and Pious Zeal for both, pronoune'd, c That fuch were the Rejllefs Spirits of that FACTIOUS < People, that no Quiet was to be Expefted from them, till they were utterly * $upprefs'd. Which, like a Prudent Vrincefs, She did by Wkolefowe Seve- rities, that the Crown for many Years fat Eajy and Flourtjhing on her Head. And had her Suceeffor, King James but follow'd Her Wife Politicks, his Son had never faU'n a Martyr to their Fury, nor any of his Unhappy Offspring furTer'd thofe Difaflrom Calamities, which made the Royal Family One con- tinued Sacrifice to their Malice. And what better could have been e^pecled from Mifcreants, Begot in Rebellion, Born in Sedition, and Nursed up in Yaftion ? I would not here be Mifundei (toad, as if I intended to caft the leaft Invidious Reflection upon that Indulgence the Government has cosde- fcended to give 'em, which I am fure all thofe that wi(h well to Our Church are very ready to Grant to Consciences truly Scrupulous , lee Them enjoy ic in the full Limits the L#w has Prefcrib'd. But let them alfo move within their Proper Sphere, and not grow Eccentrick, and like Cornets that BurJI their Orb, Threaten the Ruin, and Downfall of Our Church and State. In- deed they tell us they have Rel.nquifh'd the Principles, as well as the Sins of their Fore-fathers. If fo, why do they not Renounce their Sckijm, and come Sincerely into Our Church ? Why do they Pelt her with more Blajphemous- Libels, and Scurrilous Lampoons^ than were ever publifh'd in.G/iiw's Ufuv- pationt Have they not lately Villanioufly Divided us with Knavifh Diftin- ft ions of High and Lovo-Church-Wen ? Are not the Befl Characters they can give Us, thofe ofPapifts, Jacobites, and Conffirators ? And what do they mean by all this Infiduous Cant, but by Falfe Infinuations, and raifing Groundless Jealoujies, and Fears, to Imbroil the Publick, and to bring it in* to that Confujion, they are Suggefting upon Us : Whether thefe Men are- not Contriving, and Plotting out Our utter Ruin, and whether all thofe FALSE B R E T H R E N, that fall in with thefc Meafures, and Dcfigns, do not contribute bafely to ir, I leave every Impartial Man that v/tfhes rbe Welfare of Oar C an ft it ut ion to Determine : And if we rind this true in Fac7t What Reafon have we to think, but that the National Sins are Ripen d .up to a foil Maturity* to call down Vengeance from Providence on a Church and Kingdom thus Debaucljdxn its Principles, and Corrupted in its M*?l* ners, and inftead of the True Faith, Discipline, and Worffrip, given over to *ri Ucentioufnefsj. b©t|i m Opinion, and Pr aftice>vo all Scnju-^lity, Ttfpe&iJJk B %. Ltwcbctfr, zo The Perils of False Brethren, Letodnefs, and At bet fin ? And now are we under no Danger in thefe Deplo- rable Circumftances ? Muft we " Lutt Our felves under thi9 fad Repofe, and in fuch a Stupid, Lethargick Security, Embrace Our Ruin ? When Eli/ha, the Great Prophet of God , was Surrounded with an ffo/2 0/ Enemies, that yof/g^f for his Life, his Blind Servant beheld not the Peril his Mafier was in, till his £/*/ were Opend by Miracle, and he found himfelf in the »;'«[/? ofHorfes and Chariots of Fire. I pray God we may be out of Danger, but we may remember the Kings Perfon was Voted to be fo, at the jirag Time that his Murtherers were Conjpiring his Death* What I have thus freely fpoken, I hope is as much without Offence, as it proceeds from a good In- tention, and a Tender Concern for Her Majefiy's Perfon, and Government^ and an hearty Zeal for the Honour and Safety of Our Excellent Church, and Confutation. I entreat Your Patience. III. Briefly to fet forth the Heinous Malignity, Enormous Guilt and Folly of this Prodigious Sin of F AhS E B ROT H E R-H 0 0 D. i. And Fir ft, With Regard to God and Religion. It is a raoft Perfidious Apoftacy from, and Reproach upon Both : It is no Lefs than Renouncing Our Allegiance to Our Almighty Sovereign, an Open Denial, and Projli- tution of Our moft Holy Faith, and Church, upon which Crime God has Entail' d Co many Dreadful Threats and Anathema's. It's Betraying Our moil folemn Oaths, proving F*//& to Our Sacred Trutt, and Commijfion, ufdminifiring to, and Indulging Men in themoft Mortal Sins, Endangering both Our Oxon, and the Salvation of that Dear Flock for which Chrijl Dy'd, by Expfwg it to the Corruptions ot Herefy and Schifm, the Impoftures of Falfe-Aposl/es, and the £to/* of *. It is Forfaking Our Bapt if mal Covenant, bifcly Deferting the G!oriou3 Colours we are Lifted under. Turning Refugees from our Saviour and his Adherents to his 4£- jarV Enemies. In a Word, to Accomplish any wretched Secular Defign, to Gratify their PnVe or Ambition, to Feed their L«/?, ox Avarice, to Wreak their 6]?/^?», or Revenge out of £»t/v, or Difappointment , for a Little, paultry tfwwpr, Aib«^, or Preferment, Thefe FALSE BRETHREN will Renounce their On//, and R^ *&* Decalogue backward, be the very Reverfe of Our Blejfed Saviour ( whom like their Primitive Pattern, they &rii &£ and then 'Betray ) Fall down and Worjhip the very Devil himfelf for the Riches and Honours of this World. z. Secondly, In Regard to *j&* fftr/i. What a vaft Scandal, and Offence moil it give to all Pcrfons of P«ry and Integrity, to fee Men of Characlers, and Stations, thus &&*/*, and Prevaricate with their Principles, and Starting from their &*//£/»», upon any Occalion of Difficulty, or Tryal, and like the T>i {cipks, flying from, and forfaking Our Saviour, when his Life lay ac Stake? To fee Mens Opinions fit as Loo/e about 'em as their Garmenrs, to be paeon, or off, tor Convenience? What can Unwary Perfons conclude from fuch Tergiversation, and Hypocrify, but that all Religion is State-Craft, and Impofisire ? That all Godlmefs is Gain 3 and that the Dcftnsu of £heCA«rc£ he loth in Churchy and State \ &c. zr lie not To much in her Articles, as her Honours , and Revenues} Without doubt, this Modern Latitude, and infamous Double-dealing, as it can pro- ceed from nothing but the rankefl Atheifm, fo it muft propagate it whereto- ever it goes j and 'tis not queftion'd, but that the wonderful Increafe, and impudent Appearance at all Seels and Herefies, in this Kingdom at prefenr. beyond what was ever known in Former Ages, is chiefly to beattributedtoit. But this Crime is as pernicious to Human Society, as Religion, for it deftroys ail common Honefly, Faith, and Credit in the World, and in the place of it, fets up an Umverfal Trade of Coufenage, Sharping, Dijjimulatton, and down- right Knavery. For what Dependence can there be upon a Man of no Prin- ciples ? What Truji in Equivocations, E.vafions> and Lies ? Nor indeed could any one be fuppos'd fo Sottifh, as to place the kail Confidence in thefe Men, did they not bait their Hook, and covi' their Treachery with the Sacred and Plaufible Pretences of F R I £ N D S H I P, whereby they are capable of dc- iog much more Mifchief, than a bare-fac*d and profefs'd Enemy, In what moving and lively Colours does the Holy Pfalmift paint out the crafty In- fduoufnejs of fuch wilely Volpones ? Wicksdnefs ( fays he) is therein, Deceit and Guile go not out of their Streets, For it u not an Open Enemy that has done me this Difkomur, for then I could have born it : Neither was it mine Adverfary that did magnify himfelf againfl me, for then feradventnre I wouldhave hid myfelffrom him : But it was even Thou ! my Companion, my Guide, and mine own Familiar Friend, We took fweet Counjel together, and walked in the Hottfe of God as Friends. There is noF aithfulnefs in their Mouths , their inward Parts are very Wickedvefi j their Throats, are Open Sepulchres, and their Words are fmoother than Oil, yet they be very Swords. Like Joab, they pretend to fpeak peaceably, and finite Us mortally under the fifth Rib. 5 Thirdly, With Regard to a Man*s Self. It is hard to diftinguifli whether our FALSE BRETHREN prove themfelves guilty of more exceffitte Knavery, or Folly, For whatever thele cunning, temporizing Politicians may think, they will find, after all their Shuffling and Compliance, that the plain Road of Truth, Hone fly, and Integrity, is both the moil prudent, as well as the fafefi Way they can follow, and that the Wifdom of this World is as much F 'oolifinefs with Men, as 'tis with God, For certainly there is no Sin that Co much dtfappoi u ts its own Ends as this docs. Perhaps the Man may obtain the prefent Advantage he has in Profpetl, by relinquishing his old Friends and Principles-, but is ever fuch a mercenary Convert receiv'd heartily into the; Boforn of his former Enemies \ Or are they ever found fo Credulous zn&Good* naturd as to forgive and believe fuch an Apostate Cordial, and Sincere, aad fit to be trufied in any Matter of Weight or Importance who has betrayed hij own Party for the little, fordid Lucre cf a Place, of Preferment I And is again ready to be Retrograde, whenever the Wind (hall change, and ve$r- about! Such a FALSE BROTHER may ferve the prefent Turn of his Adverfaries, who may feem3 whilft they want the FOOL, to flatter and carefs hira ; but let fuch a Turncoat reft aflur'd, he (hall meet with Hypo- crify for HypQcnfy • and fince he is got upon the Stage , (hall AEi hi* Parfy and be hifsd c^when he has done. Such a wife Game do our ProjeSlors playr they hartir^ and betray their *>;*»&, only to JeiH thcmfslve^ Slaves into ibe ii The Perils of False Brethren, the Hands of their Enemies, who fball treat them with more Infolence, Difdain, and Tyranny, than hone ft Men do with Scorn and Contempt ; if they don't go the whole Length of their Party, flick at nothing, tho' nivcr fo impious, and abfurd, and run from one Extrean\ to a quite contrary, Thus little, thus bafe, thus odious, thus contemptible, thus fervile, nay thus ex«- frfl6/< is the fraytor, and Double-dealer in the Sight, not only of all £owg/? Men, but the moil profefs'd Knaves and Hypocrites^ Who* cannot but have a taff:> Regard, and Feneration for a Man of Steadiness, and Probity, that opon allOccafons is />*«*to himfelfy and his £»»/*, is above the7%rf*tt, as veil as Flatteries of this World, (till trufting in his Goi, and in his own /»- tegrity, and 7«/?*V* defacing his Intereft, or Succejs, and ^is under all Cir- eumftances like that Go^, and ReligUn he believes, and ferves, without Va- riablenefs, or Shadow of Change, but U the fame to Day, to Morrow, and for ever. Farther, thefe FALSE BRETKR EN cannot be more odious ro God, and Man, than they are to themfelves, who are always a Self-Con- tradiclion, fall of Conjufion, and Perplexity, perpetually haunting them- felves, thenar/? of Demons, maintaining znirreconci/eibteWarbetmxt the outward and inward Man, Couformifls in Profejfon, Half-Conformijls in Pr<«- t3/V?, and Non-Gonformifls in 'judgment. Such a Mixture of Inconfiftency, and Nonfenfe, that any one that has the leaft fy«r£ oiConfcience, or Re«- /i», muftw»««»w, zn&deteft. But this difmal £#*# has fuch a S*<**5 of habitual Hypocrify, that it o^uite af^ww^; and extinguifhes both, quenches the fto/y S^irif of Gtf^, and crucifies hit Son afrejfr j and as jf /W; a Man i/o/af of Shame, generally without a miraculous Converfion leaves him incapable of Repentance, and both «fci»jfx him here, and hereafter ; and as he c^o/** it in th'vs World, appoints him in the next, his Portion with Hypocrites, and Unbelievers, with all Liars, thathave^ their Part in the Lake which burns »ith Ftre and Brimftone, with the \ Grand-father of Faljhood, the Devil, and his Angels. And fo here we leave our F A L S E BRETHREN in the Company they always keep Corrcjpondence with, IV. Now what (hould be the Refult of this long Difcourfe, but that if we bear any true Concern for the Inter* ft., Honour, and Safety of Our Church and Government, we ought ftedfaffly to adhere to thofe fundamental Princi- ples upon which b&t hare founded, and upon which their Security, under Goaf, alone depends j and confequcntly that it highly behoves m,cautiou/ly to w*tt£ againfl, ro «»ar&, and a^srW all thofe that thus treacheroujly defert them. And indeed it would be both for our Advantage, as well as their Credit^ if fuch Men would throw off the Mask, entirely quit Our Church,o( which they are no true Members, and not fraudulently eat her Bread, and lay wait for herRuin^ purloin her Revenues, and ungratefally lift up their Heels againfl her. For then we ihould be one Fold under One Shepherd, all thofe Invidi- ous DiflinHions, that now diftraft. and confound Us, loft, and we ihould be Terrible like an Army of Banners to Our Enemies, who could never Break in upon fuch an Uniform, and WeU-compa&ed Body* This indeed would be a true Piacc, and filid Union, when we fhould A<1 with one Mind, and one- Mouth, glorify God, and not with a ct-nfus'd Diverfity of cantradiclious O- piniom, and mconfiftent Jargon of vtforlhip, which the Go i of Peace, Pu- r-tv, and Qrdir cannot but abhor. As it is a. MtziV} in ftliticb, that *£ loth in Church, and State, &c. %f Governments arebefl Supported by the fame Methods ', and Councils upon which they are founded j fo it will appear undeniably True in its application to Our Constitution, which can bz Maintain d by no Other Principle?) but Thofe oq which it is Built) and like their Bafts, the Gejpel, if there's any Violation^ or Breach made in any Branch ofit.it (hakes and endangers the »£<>/* Frame, and iWy. Thefe Things, however Little they may be reprefentedby Our Adverfaries, will be found of the moft confiderable Conference. Let us therefore, as we are unhappy Sharers of St. Ptfa^s Misfortune, to have Our C6«rf£ in Perils among FALSE BRETHREN, follow his Example^ and Conduct in a parallel Cafe. He tells us in his Epiftte to the Galatians9 c. 2. That he was obftrucled, and peftcr'd in his Preaching the GcfpqJ, by F A i. S E BRETHREN unawares brought iny who came Privily to Spy out Hit Liberty, which he had in Chtifi fyfus, that They might bring Him into Bondage : To whom he gave Place by Subjeclion, no not for an Hour, that the Truth of the Gofpel might continue with the Church. Doubtlefs tl\\s Brave, and Bold Refolution did the Apojils take by the pecu- liar Command, and lnjpiration of the Holy Ghoft j and yet if Our Diffenters had Liv'd in thofe Times, they would have Branded him as an intemperate \ hot, furious Zealot, that wanted to bzfweeterid by the gentle Spirit of Chan- ty, and Moderation) fbrfooth ! Schifm, and Faction, are Things of Impudent, and lncroacbing Natures ; they Thrive upon Concefjions, take Permiffion for Power, and Advance a Toleration immediately into ian Efiablifoment -, and are therefore to be Treated like Growing Mi/chiefs, or Infectious Plagues, kept at a Qiflance', leaft their deadly Contagion fpreads. Let us therefore havt no FeUowfhip with thefe Works of Darknefs, but rather reprove'' em. Let Our fuperior Paflors do their Duty in thundering out their Ecclefiaflieal Anathe- ma's, and let any Power on EarthtetQ Revcrfe a Sentence ratify din Heaven* Let Them dif countenanced thefe Seditious, Lukewarm Mmofl-Chrifiians, and promote Men of Probity, Confcience, and Courage. I fay , Confcitnce, and Courage • for the one without the other, is like Faith without Works, dead, and infignifcant. A Chriftian, and a Cownrd^xz fuch Contradictions,*?, were never found hi the Church-militantMen of timorous ,and daflardly Spirits, wfco arc afham'd to ©w»,or afraid to defend their Principles, left they (hould/*/>, orfujfer by it, will prove very poor Dtfciples of the Cro/}, ! £«?£ .Mm ( as an „ Ingenious Prelate wittily exp relics it ) are only ho?iefl by Chance. Let us defpife the fneaking, fhuffling Compliances of fuch 4$ confute their Safety, and not their Innocence, and dare to be true m the word of Times, with this All- fuftainivg, cordial Comfort, that whatever Enemies We gain, or Friends We loft, We carry o»* within Us, that can confront, vanafuifh, and counterba- lance All. ( * ) We*.' atffo ?^;» that have a fearful Heart, and to the faint Hands, and to the Sinner that goeth two Manner :of Ways, fays tbe Wife Man. And agreable to Him, the Apoflle in very Sarcaftic Expreflicns,( b ) li^e unto them that have gone in the Way a/Cain, and ran greedily after the Error of Balaam/or Reward, andperifh dinthe Gain-Jaytng of Corah. Thefe ate Spots in ourFeafls of Charity, Clouds without Water, carry d about of Winds-, Trees hofe Fruits are wither d, without Fruit, twice dead, pluckt up by tbe Roots J ( a ) Ecclef a, 1 1. ( b ) Jude r r, i z, 13. rflgiv.g ^4 The Perils of False Brethren, raging Waves of the Sea foaming out their own Shame j •wandering Stars tto whom is re fervid the Blacknefs of Darkrtefs for ever. Let us therefore, being well aflur'd how much our Caufe deferves, and* how much at prefent it re quires our brave ft Refolutions, hold f aft our Integrity and Religion with' *ut Wavering, and earneftly contend for the Faith, which was once delivered unto the Saints, (a) My Brethren, be ftrong in the Lord, and in the Power of his Might. Put on the whole Armour of God, that ye may be able to ft and againft the Wiles of the Devil. For we wreftle not only againft Flefh and Blood, but againft Principalities, againft Powers^ againft the Rulers of the Darknefs of this World, againft Spiritual Wtckednefs in high Places. Where- fort take unto you the whole Armour of God, that ye may be able to with ft and in the evil Day, and having done all to ft and. Not doubting bar that if we fhew the fame Courage, and indefatigable Zeal, and labour to defend, as' our Adverfaries to reproach, divide, and ruin Our Church, neither their uni- ted Malice, nor Power, nor all the Plots, and Machination's of Rome, nor the very Gates of Hell it felf (hall ever be able to prevail againft her. And let us truft in that gracious Providence which fo miraculoufly deliver'd her on this Vay, that tho' (he (b) lies bleeding of the WoUnds/he has received in the Houfe of her Friends j ( c ) tho* the Ways of Zion may mourn for a Time, and her Gates be defolate, her Priefts figh, and /he in Bitttrnefs, becaufe her Adverfaries are chiefs and her Enemies at prefent profper ; tho' among oil her Lovers /he has few to comfort her, and many of her Friends have dealt treat heroufly with her, and are become her Enemies j ( d) thor there are ftv to guide her among all the Sons whom/he has brought forth, neither *te there many that take her by the Hand, of ail the Sons that /he hath brought up, the* her Enemies ery, Down with her, Down with her' even to the Ground, yet there is a God that can, and will raife her up, if weforfake her not. Let us not therefore ungratefully contribute to her Deftru&ion, but let as ( e ) continue fledf aft, immoveable>always abounding in the Work of the Lord, forafmucb as we know that our Labour will not be in vain in the Lord. Now the (/) God of all Grace, who bath calPd us into his Vernal Glory by Chrift Jo fits, after that ye have juffer* da while, make you ferfeil,ftabli/h, ft lengthen, fettle you* To him be Glory, and Dominion for avert and ever. Amen. Let us conclude all in that excellent Colled of Our Church. O Lord I we befeech thee let thy continual Pity cleanfe, and defend thy Church j and becaufe it cannot continue in Safety without thy Succour, j>referve it evermore by thy Help, and Goodnefs, thro' Jefus Chrift, Our Lord, (a) Eph.6.io.8cc. ( b ) Lain. a. 2, 4. (O Zach* IJ. ^ {4}*P*\ ffe i*. (e) 1C9r.1s.Sl* if) iP*t S. 19, 11. fix 1 s: « 1* V J