tried before the Lord Chief Justice Jefferies and other Judges in the
West of England, in 1685. for taking
Arms under the Duke of Monmouth.
With a compleat List of all the Persons that
suffered, the Counties they suffered in, the
Crimes they were tried for, and the Punishments
inflicted on them.
Also an Account of what was done against those in
Scotland, who took Arms there under the Earl of
Argyle, &c. and against the Protestants in Ireland,
by the late King James, and his Deputy
Mat. 7. 2.
The Faction now having lost all Hopes of Success by their unnatural Rebellion, they apply themselves with the utmost Industry and Malice to cry down the Proceedings of Justice against the Rebels who are taken, as Barbarous and cruel, and having no Precedent in History. This Clamour is so very ill founded, and so remote from Truth, that it might be justly thought needless to give it any Answer; but since it is made use of by the Party farther to incense the ignorant Mob against the Government, it can’t be thought amiss to convict our Adversaries of Falshood, by putting them in mind of the barbarous Cruelty of the late King James II. against those who took Arms under the Duke of Monmouth, and the Earl of Argyle in Scotland; and likewise of that Prince’s Barbarity to the Protestants in Ireland, after the Revolution.
These Things are still remember’d by Thousands of Eye-Witnesses, and therefore can admit of no Contradiction, but from such as have bid Defiance to Truth, because they know the Interest of Tyranny and Popery, which they espouse, can never be supported by any other Methods than Cruelty and Falshood.
I shall begin with the Proceedings in that King’s Reign against those who took Arms in the West of England under the Duke of Monmouth. The Lists of those who were executed, or otherwise punish’d on that Account, are in the following Treatise, and more large and exact than what has yet been published; so that I shall say nothing of them here, but proceed to give some Account of the Difference betwixt that and the present Rebellion.
Every one knows, that those who join’d the Duke of Monmouth did not do it till after King James II. had declared himself a Papist, and contrary to Law encourag’d those of his own Perswasion to set up their Worship publickly; and he had likewise in an arbitrary and tyrannical Manner invaded our Civil Liberties, as may be seen by the Duke of Monmouth’s Declaration, and that of the Earl of Argyle.
The DECLARATION of James Duke of Monmouth, and the Noblemen, Gentlemen, and others, now in Arms for the Defence and Vindication of the Protestant Religion, and the Laws, Rights, and Privileges of England.
As Government was originally instituted by God, and this or that Form of it chosen and submitted to by Men, for the Peace, Happiness, and Security of the Governed, and not for the private Interest, and personal Greatness of those that rule; so that Government hath always been esteemed the best, where the Supreme Magistrates have been invested with all the Power and Prerogatives that might capacitate them, not only to preserve the People from Violence and Oppression, but to promote their Prosperity; and yet, where nothing was to belong to them by the Rules of the Constitution, that might enable them to injure and oppress them. And it hath been the Glory of England, above most other Nations, that the Prince had all entrusted with him that was necessary, either for the advancing the Welfare of the People, or for his own Protection in the Discharge of the Office; and withal stood so limited and restrained by the Fundamental Terms of the Constitution, that without a Violation of his own Oath, as well as the Rules and Measures of the Government, he could do them no Hurt, nor exercise any Act of Authority, but through the Administration of such Hands as stood obnoxious to be punished in case they transgressed: So that according to the primitive Frame of the Government, the Prerogatives of the Crown, and the Privileges of the Subject, are so far from jostling one another, that the Rights reserved unto the People tended to render the King Honourable and Great, and the Prerogatives settled on the Prince were in order to the Subjects Protection and Safety. But all Human Things being subject to Perversion, as well as Decay, it hath been the Fate of the English Government to be often changed, and wrested from what it was in the first Settlement and Institution. And we are particularly compelled to say, that all the Boundaries of the Government have of late been broken, and nothing less unattempted for turning our limited Monarchy into an absolute Tyranny: For such hath been the Transaction of Affairs within this Nation for several Years last past, that though the Protestant Religion and Liberties of the People were fenced and hedged about by as many Laws, as the Wisdom of Man can devise for their Preservation against Popery and Arbitrary Power, our Religion hath been all along countermined by popish Counsels, and our Privileges ravished from us by Fraud and Violence. And more especially the whole Course and Series of the Life of the D. of Y. hath been but one continued Conspiracy against the Reformed Religion, and the Rights of the Nation: For, whoever considers his contriving the burning of London, his instigating a Confederacy with France, and a War with Holland, fomenting the Popish Plot, and encouraging the Murther of Sir Ed. Godfrey, his charging Treason against Protestants, suborning Witnesses to swear the Patriots of our Religion and Liberties out of their Lives; his hiring execrable Villains to assassinate the late Earl of Essex, and causing those others to be clandestinely cut off in Hopes to conceal it; his advising and procuring the Prorogation and Dissolution of Parliaments, in order to prevent their looking into his Crimes, and that he might escape the Justice of the Nation; such can imagine nothing so black and horrid in it self, or so ruinous and destructive to Religion and the Kingdom, which we may not expect from him.
The very Tyrannies which he hath exercised since he snatched the Crown from his Brother’s Head, do leave none under a Possibility of flattering themselves with Hopes of Safety, either in their Consciences, Persons, or Estates: For, in Defiance of all the Laws and Statutes of the Realm, made for the Security of the Reformed Protestant Religion, he not only began his Reign with a bare-fac’d Avowing himself of the Romish Religion, but call’d in Multitudes of Priests and Jesuits, for whom the Law makes it Treason to come into this Kingdom; and hath impower’d them to exercise Idolatries: And besides his being daily present at the Worship of the Mass, he hath publickly assisted at the greatest Fopperies of their Superstition. Neither hath he been more tender in trampling upon the Laws which concern our Properties, seeing in two Proclamations, whereof the one requires the collecting of the Customs, and the other the continuing that part of the Excise which was to expire at the late King’s Death; he hath violently, and against all the Law of the Land, broken in upon our Estates. Neither is it any Extenuation of his Tyranny, that he is countenanced in it by an extrajudicial Opinion of seven or eight suborned and forsworn Judges; but rather declaring the Greatness and Extent of the Conspiracy against our Rights; and that there is no Means left for our Relief, but by Force of Arms: For, advancing those to the Bench that were the Scandal of the Bar; and constituting those very Men to declare the Laws, who are accused and branded in Parliament for perverting them, we were precluded all Hopes of Justice in Westminster-Hall: And by packing Juries together by false Returns, new illegal Charters, and other corrupt Means, he doth at once deprive us of all Expectations of Succour where our Ancestors were wont to find it; and hopes to render that which ought to be the People’s Fences against Tyranny, and the Conservator of their Liberties, the Means of subverting all our Laws, and of establishing of his Arbitrariness, and confirming our Thraldom. So that unless we could be contented to see the Reformed Protestant Religion, and such as profess it, extirpated, Popish Superstition and Idolatry establish’d, the Laws of the Land trampled under Foot, the Liberties and Rights of the English People subverted, and all that is Sacred and Civil, or of Regard amongst Men of Virtue or Piety, violated; and unless we could be willing to be Slaves as well as Papists, and forget the Example of our Noble and Generous Ancestors, who conveyed our Privileges to us at the Expence of their Blood and Treasure; and withal, be unmindful of our Duty to God, our Country and Posterity; deaf to the Cries and Groans of our oppressed Friends, and be satisfied not only to see them and our selves imprison’d, robb’d, and murdered, but the Protestant Interest throughout the whole World, betrayed to France and Rome; we are bound, as Men and Christians, and that in Discharge of our Duty to God, and our Country, and for the Satisfaction of the Protestant Nations round about us, to betake our selves to Arms; which we take Heaven and Earth to witness, we should not have done, had not the Malice of our Enemies deprived us of all other Means of Redress; and were not the Miseries that we already feel, and those which do further threaten us, worse than the Calamities of War. And it is not for any personal Injuries, or private Discontents, nor in pursuance of any corrupt Interest, that we take our Swords in our Hands; but for vindicating our Religion, Laws and Rights, and rescuing our Country from Ruin and Destruction, and for the preserving our selves, Wives and Children, from Bondage and Idolatry. Wherefore, before God, Angels and Men, we stand acquitted from, and do charge upon our Enemies, all the Slaughter and Devastations that unavoidably accompany intestine War.
Now, therefore, we do hereby solemnly declare and proclaim War against J. D. of Y. as a Murderer, and an Assassin of innocent Men, a Traytor to the Nation, and a Tyrant over the People: And we would have none that appear under his Banner to flatter themselves with Expectation of Forgiveness, it being our firm Resolution to prosecute him, and his Adherents, without giving Way to Treaties and Accommodations, until we have brought him and them to undergo what the Rule of the Constitution, and the Statutes of the Realm, as well as the Laws of Nature, Scripture, and Nations, adjudge to be Punishment due to the Enemies of God, Mankind, their Country, and all Things that are Honourable, Virtuous, and Good.
And though we cannot avoid being sensible that too many have, from Cowardise, Covetousness and Ambition, co-operated to the subverting of our Religion, and enslaving their Country; yet we would have none, from a Despair of finding Mercy, persevere in their Crimes, nor continue the Ruin of the Kingdom: For we exclude none from the Benefit of Repentance, that will join with us in retrieving that they have been accessary to the Loss of: Nor do we design Revenge upon any, but the obstinate, and such as shall be found at this Juncture yielding Aid and Assistance to the said J. D. of Y.
And that we may both govern our selves in the Pursuit of this glorious Cause wherein we are engaged, and give Encouragement to all that shall assist us in so righteous and necessary an Undertaking, we do, in the Presence of the Lord, who knoweth the Secrets of all Hearts, and is the Avenger of Deceit and Falshood, proclaim and publish what we aim at; and for the obtaining whereof, we have both determined to venture, and are ready to lay down our Lives. And though we are not come into the Field to introduce Anarchy and Confusion, or for laying aside any Part of the Old English Government, yet our Purposes and Resolutions are, to reduce Things to that Temperament and Ballance, that future Rulers may remain able to do all the Good that can be either desired or expected from them: and that it may not be in their Power to invade the Rights, and infringe the Liberties of the People.
And whereas our Religion, the most valuable thing we lay claim unto, hath been shaken by unjust Laws, undermined by Popish Counsels, and is now in Danger to be subverted, we are therefore resolved to spend our Blood for preserving it to our selves and Posterity: Nor will we lay down our Arms till we see it established and secured beyond all Probability of being supplanted and overthrown, and until all the Penal Laws against all Protestant Dissenters be repealed, and legal Provision made against their being disturbed, by reason of their Consciences, and for their enjoying an equal Liberty with other Protestants.
And that the Meekness and Purity of our Principles, and the Moderation and Righteousness of our End may appear unto all Men, we do declare, That we will not make War upon or destroy any for their Religion, how false and erroneous soever: So that the very Papists, provided they withdraw from the Tents of our Enemies, and be not found Guilty of conspiring our Destruction, or Abettors of them that seek it, have nothing to fear or apprehend from us, except what may hinder their altering our Laws, and endangering our Persons in the Profession of the Reformed Doctrine, and Exercise of our Christian Worship.
Our Resolution in the next Place is, To maintain all the just Rights and Privileges of Parliament, and to have Parliaments annually chosen and held, and not prorogued, dissolved, or discontinued within the Year, before Petitions be first answered, and Grievances redressed.
And seeing many of the Miseries under which the Nation doth groan, arise from displacing such out of the Number of Judges as would not, for the promoting Popish and Arbitrary Designs, wrest and misapply the Laws, and from constituting Corrupt and Mercenary Men in their Rooms, on purpose to stretch the Laws beyond the Reason and Intention of them; and to declare that for Law which is not; we can neither with Silence pass over the mentioning of them; nor should we have Peace in our selves, if we did not endeavour to prevent the like Mischief in Time to come. For by Reason of ill Men’s being advanced to the Bench, and holding their Places only durante bene placito, many Persons have been condemned in exorbitant Fines for no Crimes, or for very small ones: Many Statutes made for the Safety of the Subject, particularly the Habeas Corpus Act, have been wickedly eluded, to the Oppression of the Innocent and Loyal Men. The Popish Lords that were impeached in Parliament for a most hellish Conspiracy, have, to the subverting the Rights of the House of Lords, been discharged, and set free. The imposing a Mayor and Sheriffs upon the City of London, by Fraud and Violence, have been justified, and those who in discharge of their Duty opposed it, illegally prosecuted, and arbitrarily punished. London, and other Cities and Corporations, have been robbed of their Charters, upon unrighteous Judgments of pretended Forfeitures. Sir Thomas Armstrong executed without being allowed the Benefit of a Tryal. Colonel Algernoon Sidney condemn’d to die upon the Deposition of one scandalous Witness. And that Loyal and Excellent Person, the late William Lord Russel, murthered for alledged Crimes; in reference to which, if all had been true which was sworn against him, yet there was nothing which according to Law could have reached his Life. Upon the Considerations aforesaid, we further declare, that we will have Care taken for the future, for the debarring ignorant, scandalous, and mercenary Men from the Administration of Justice; and that the Judges shall hold their Places by the ancient Tenure of quam diu se bene gesserint; and to leave it to the Wisdom of a Parliament, to settle some Way and Method for the Approbation of such as shall be advanced to the Degree and Dignity of Judges.
And forasmuch as the Invasion made on the Right of Cities, Burroughs, and Towns Corporate; the Seisure of their Charters, whether by Surrender, or upon pretence of Forfeiture, have been wholly arbitrary and illegal; we likewise therefore declare, we will, to our utmost, endeavour to see them repossessed in what they formerly had, and could legally lay claim to; and that we do esteem all Judgments given against them, and all Surrenders made by a corrupt and perjured Party amongst them, null and void in Law; and do hold and declare their old Charters, notwithstanding the new ones lately granted, to be good and valid: And accordingly we do invite and encourage all honest Burgesses and Free-men to re-assume the Rights and Privileges, which by Virtue of the said old Charters, belonged to their several and respective Corporations; and to deliver themselves from those late Parasites, and Instruments of Tyranny set up to oppress them.
Moreover, for the restoring the Kingdom to its Primitive Condition of Freedom and Safety, we will have the Corporation and Militia Acts repealed: And all Outlawries of Treason against any Person whatsoever, upon the late pretended Portestant Plot, reversed; and also, all other Outlawries, Banishments, Warrants, Judgments, Imprisonments, and injurious Proceedings against any other Persons, upon any of the Penal Statutes made against Protestant Dissenters, made null and void. And we will have new Laws enacted for placing the Election of Sheriffs in the Freeholders of the several Countries, for settling the Militia in the several Shires, and for preventing all Military standing Forces, except what shall be raised and kept up by Authority and Consent of Parliament.
And whereas several Gentlemen and others, who have been worthy and zealous Assertors of the Protestant Interest, and Laws of the Kingdom, are now in Custody in divers Places within the Realm, upon most unjust Accusations, Pretences, Proceedings and Judgments; we do hereby further declare the said Imprisonments to be illegal; and that in case any Violence shall be offered to them, or any of them, we will revenge it to the utmost upon such of our Enemies as shall fall into our Hands.
And whereas the said J. D. of Y. in order to the expenditing the Idolatrous and Bloody Designs of the Papists, the gratifying his own boundless Ambition after a Crown, and to hinder Enquiry into the Assassination of Arthur Earl of Essex, hath poyson’d the late King, and thereby manifested his Ingratitude, as well as Cruelty to the World, in murthering a Brother who had almost ruin’d himself to preserve and protect him from Punishment; We do therefore further declare, That for the aforesaid villanous and unnatural Crime, and other his Crimes before mentioned, and in pursuance of the Resolution of both House of Parliament, who voted to revenge the King’s Death, in case he came to an untimely End, we will prosecute the said J. D. of Y. till we have brought him to suffer what the Law adjudged to be the Punishment of so execrable a Fact.
And in a more particular manner, His Grace the Duke of Monmouth, being sensible of the barbarous and horried Parricide committed upon his Father, doth resolve to pursue the said J. D. of Y. as a mortal and bloody Enemy; and will endeavour, as well with his own Hand, as by the Assistance of his Friends, and the Law, to have Justice executed upon him.
And the said James Duke of Monmouth, the now Head and Captain-General of the Protestant Forces in this Kingdom, assembled for the End aforesaid, from the Generousness of his own Nature, and the Love he bears to these Nations, whose Welfare and Settlement he infinitely prefers to whatsoever concerns himself, doth not at present insist upon his Title, but leaves the Determination thereof to the Wisdom, Justice, and Authority of a Parliament legally chosen, and acting with Freedom; and in the mean time doth profess and declare, by all that is sacred, That he will, in Conjunction with the People of England, employ all the Abilities bestowed upon him by God and Nature, for the Re-establishment and Preservation of the Protestant Reformed Religion in these Kingdoms, and for restoring the Subjects of the same to a free Exercise thereof, in Opposition to Popery, and the Consequences of it, Tyranny and Slavery. To the obtaining of which End, he doth hereby Promise and Oblige himself to the People of England, to consent unto, and promote the passing into Laws all the Methods aforesaid; that it may never more be in the Power of any single Person on the Throne, to deprive their Subjects of their Rights, and to subvert the Fundamental Laws of the Government design’d for their Preservation.
And whereas the Nobility and Gentry, and Commons of Scotland, are now in Arms upon the like Motives and Inducements that we are, and in Prosecution of Ends agreeable with ours, we do therefore approve the Justice of their Cause, commend their Zeal and Courage, expecting their, and promising our Assistance, for carrying on that Glorious Work we are jointly engaged in; being obliged, avoiding Tediousness, to omit the recounting many Oppressions under which that Kingdom hath groaned, and the giving a Deduction of the several Steps that have been taken for introducing of Popery and Tyranny. We think fit, therefore, to signifie both to our Country-men and Foreigners, that we intend a larger Testimony and Remonstrance of the Grievances, Persecutions, Cruelties and Tyrannies, we have of late lain under; and therein a full and more particular Account of the unparallel’d Crimes of the D. of Y. And we make our Appeal unto GOD, and all Protestant Kings, Princes, States, and People, concerning the Justice of our Cause, and the Necessity we are reduced unto of having our Recourse to Arms. And as we do beseech, require and adjure all sincere Protestants, and true English Men, to be assisting to us against the Enemies of the Gospel, Rights of the Nation, and Liberties of Mankind; so we are confident of obtaining the utmost Aid and Succour which they can yield us with their Prayers, Persons, and Estates, for the dethroning the said Tyrant, &c. Nor do we doubt being justified, countenanced, and assisted by all Protestant Kings, Princes, and Common-wealths, who either regard the Gospel of Jesus Christ, or their own Interest. And above all, our Dependance and Trust is upon the Lord of Hosts, in whose Name we go forth, and to whom we commit our Cause, and refer the Decision betwixt us and our Enemies in the Day of Battle. Now let us play the Men for our People, and for the Cities of our GOD; and the Lord do that which seemeth good unto him.
A DECLARATION of Archibald, Earl of Argyle, Lord Kintyre, Cowall, Campbell and Lorn, Heritable Sheriff, and Lieutenant of the Shires of Argyle and Tarbette, and Heritable Justice General of the said Shires.
I Shall not publish my Case published already in Print, in Latin, and in Dutch, and more largely in English; nor mean I to repeat the printed Declaration emitted by several Noblemen, Gentlemen, and others of both Nations now in Arms, because the Sufferings of me and my Family, are therein mention’d. I have thought it fit for me to declare for my self, that as I go to Arms with those who have appointed me to conduct them, for no private and personal End, only for those contained in the said Declaration, which I have concerted with them, and approved of; so I do claim no Interest, but what I had before the Pretended Forfeiture of my Family, and have a sufficient Right to.
And that I do freely (and as a Christian) forgive all personal Injuries against my Person and Family, to all that shall not oppose, but join and concur with us in our present Undertaking, for the Ends mentioned in the said Declaration; and hereby I oblige my self never to pursue them in Judgment, nor out of Judgment. And I do further declare, That obtaining the quiet and peaceable Possession of what belong’d to my Father and my self, before our pretended Forfeitures, I shall satisfy all Debts due by my Father and my self, as any Heir or Debtor can be obliged.
And as my Faithfulness to his late Majesty, and his Government; hath sufficiently appear’d to all unbyassed Persons, void of Malice, so I do with Grief acknowledge my Fault in too much complying with, and conniving at the Methods that have been taken to bring us to the sad Condition we are now in, though God knows never concurring in the Design.
I have now with God’s Strength suffer’d patiently my unjust Sentence and Banishment 3 Years and half, and have never offered to make any Uproar, or Defence by Arms, to disturb the Peace upon my private Concern; but the King being now dead, and the Duke of York having taken off his Mask, and abandoned and invaded our Religion and Liberties, resolving to enter into the Government, and exercising it contrary to Law, I think it not only just, but my Duty to God and my Country, to use my utmost Endeavours to oppose and redress his Usurpations and Tyranny.
And therefore being assisted and furnished very nobly by several good Protestants, and invited and accompanied by several of both Nations to lead them, I resolve, as God shall enable me, to use their Assistance of all Kinds, towards the Ends exprest in the said Declaration.
And I do hereby earnestly Invite and Obtest all honest Protestants, and particularly all my Friends, and Blood Relations, to concur with us in the said Declaration; and as I have written several Letters, so having no other Way fully to intimate my Mind otherwise, I do hereby require all my Vassals any where, and all within my several Jurisdictions, with their fencible Men within their Command, to go to Arms, and to join and concur with us according to the said Declaration, as they shall be answerable at their Peril; and that they obey the particular Orders they shall receive from me, from Time to come.
By these ’tis plain that those unfortunate Lords, and others who join’d them, took up Arms in Defence of our Religion and Liberties, which were then invaded, and as it afterwards appear’d, were design’d to be totally subverted.
But the present Rebellion is rais’d in Opposition to our Laws for maintaining the Protestant Succession, and British Liberties, which James II. had destroy’d as far as he cou’d, and wou’d in all Probability have compleated the Ruin of them, had not God by a wonderful Turn of Providence spirited the Nations to call in the Prince of ORANGE to their Rescue. Nor would the Pretender have fail’d to prosecute the same wicked Designs which had been set on Foot by his supposed Father; as will appear by his Declaration publish’d at Perth, as follows;
The Pretender’s Declaration.
James VIII. by the Grace of God, of Scotland, England, France and Ireland, King, Defender of the Faith, &c. to all Our Loving Subjects, of what Degree or Quality soever, Greeting.
As we are firmly resolved never to lose any Opportunity of asserting Our undoubted Title to the Imperial Crown of these Realms, and of endeavouring to get the Possession of that Right which is devolved upon Us by the Laws of God and Man; so must We, in Justice to the Sentiments of Our own Heart, declare, That nothing in the World can give Us so great Satisfaction, as to owe to the Endeavours of Our Loyal Subjects both Our own and their Restoration to that happy Settlement which can alone deliver this Church and Nation from the Calamities which they lie at present under, and from these future Miseries which must be the Consequences of the present Usurpation. During the Life of Our dear Sister, of Glorious Memory, the Happiness which our People enjoyed, softened, in some Degree, the Hardship of our own Fate; and we must further confess that when we reflected on the Goodness of her Nature, and her Inclination to Justice, We could not but perswade Our self, that she intended to establish and perpetuate the Peace which she had given to these Kingdoms, by destroying for ever all Competition to the Succession of the Crown, and by consenting to us, at last, the Enjoyment of that Inheritance out of which we had been so long kept, which her Conscience must inform Her was our Due, and which her Principles must lead her to desire, that We might obtain. But since the Time, it pleased God to put a Period to her Life, and not to suffer Us to throw Our self, as We then firmly purposed to have done, upon Our People; We have not been able to look upon the present Condition of Our Kingdoms, or to consider their future Prospect, without all the Horror and Indignation which ought to fill the Breast of every Scotsman. We have beheld a Foreign Family, Aliens to our Country, distant in Blood, and Strangers even to our Language, ascend the Throne. We have seen the Reins of Government put into the Hands of a Faction, and that Authority which was design’d for the Protection of all, exercised by a few of the worst, to the Oppression of the best and greatest Number of Our Subjects. Our Sister has not been left at Rest in her Grave, her Name has been scurrilously abused, her Glory, as far as in these People lay, insolently defaced, and her faithful Servants inhumanly persecuted. A Parliament has been procured by the most unwarrantable Influences, and by the grossest Corruptions to serve the vilest Ends, and they, who ought to be the Guardians of the Liberties of the People, are become the Instruments of Tyranny: Whilst the principal Powers engaged in the late Wars, do enjoy the Blessings of Peace, and are attentive to discharge their Debts, and ease their People; Great Britain, in the midst of Peace, feels all the Load of War. New Debts are contracted, new Armies are raised at Home, Dutch Forces are brought into these Kingdoms, and by taking Possession of the Dutchy of Bremen, in Violation of the Publick Faith, a Door is opened by the Usurper, to let in an Inundation of Foreigners from abroad, and to reduce these Nations to the State of a Province, to one of the most inconsiderable Provinces of the Empire.
These are some few of the many real Evils into which these Kingdoms have been betrayed, under Pretence of being rescued and secured from Dangers purely imaginary; and these are such Consequences of abandoning the old Constitution, as we perswade Our selves very many of those who promoted the present unjust and illegal Settlement never intended.
We observe, with the utmost Satisfaction, that the Generality of Our Subjects are awaken’d with a just Sense of their Danger, and that they shew themselves resolv’d to take such Measures as may effectually rescue them from that Bondage which has, by the Artifice of a few designing Men, and the Concurrence of many unhappy Causes, been brought upon them.
We adore the Wisdom of Divine Providence, which has opened a Way to our Restoration, by the Success of those very Measures that were laid to disappoint Us for ever: And We must earnestly conjure all Our Loving Subjects, not to suffer that Spirit to faint or die away, which has been so miraculously raised in all Parts of our Kingdom; but to pursue, with all the Vigour and Hopes of Success, which so Just and Righteous a Cause ought to inspire, those Methods, which the Finger of God seems to point out to them.
We are coming to take Our Part in all the Dangers and Difficulties to which any of Our Subjects, from the Greatest down to the Meanest, may be exposed, on this important Occasion, to relieve our Subjects in Scotland from the Hardships they groan under, on account of the late unhappy Union; and to restore the Kingdom to its Ancient, Free, and Independent State. We have before our Eyes the Example of Our Royal Grandfather, who sell a Sacrifice to Rebellion; and of Our Royal Uncle, who, by a Train of Miracles, escaped the Rage of Barbarous and Blood-thirsty Rebels, and lived to exercise his Clemency towards those who had waged War against his Father and himself; who had driven him to seek Shelter in Foreign Lands, and who had even set a Price upon his Head.
We see the same Instances of Cruelty renewed against Us, by Men of the same Principles, without any other Reason, than the Consciousness of their own Guilt, and the implacable Malice of their own Hearts: For in the Account of such Men, it’s a Crime sufficient to be their King; but God forbid that we should tread in these Steps, or that the Cause of a Lawsul Prince, and an Injuried People, should be carried on like that of Tyranny and Usurpation, and owe its Support to Assassins. We shall copy after the Patterns above-mentioned, and be ready with the former of Our Royal Ancestors, to Seal the Cause of our Country, if such be the Will of Heaven, with Our Blood: But we hope for better Things, we hope for the latter, to see our just Rights, and those of the Church and People of Scotland, once more settled in a Free and Independent Scots Parliament, on their ancient Foundation; to such a Parliament, which we will immediately call, shall we entirely refer Our, and their Interests, being sensible that these Interests rightly understood, are always the same: Let the Civil, as well as Religious Rights of all our Subjects, receive a Confirmation in such a Parliament; let Consciences truly tender be indulged; let Property of every Kind be better than ever secured; let an Act of General Grace and Amnesty, extinguish the Faults, even of the most Guilty; if possible, let the very Remembrance of all which have preceeded this happy Moment, be utterly blotted out, that our Subjects may be united to Us, and to each other, in the strictest Bonds of Affection, as well as Interest.
And that nothing may be omitted, which is in Our Power to contribute to this desirable End; we do, by these Presents, absolutely and effectually, for Us, Our Heirs and Successors, Pardon, Remit and Discharge all Crimes of High-Treason, Misprision of Treason, and all other Crimes and Offences whatsoever done or committed against Us, or Our Royal Father of blessed Memory, by any of Our Subjects, of what Degree or Quality soever, who shall, at, or after Our Landing, and before they engage in any Action against Us, or Our Forces, from that Time, lay hold on Mercy, and return to that Duty and Allegiance they owe to Us, their only Rightful and Lawful Sovereign.
By the joint Endeavours of Us and Our Parliament, urged by these Motives, and directed to these Views, we may hope to see the Peace and Flourishing Estate of this Kingdom, in a short Time restor’d; and we shall be equally forward to concert with our Parliament such further Measures as may be thought necessary for leaving the same to future Generations.
And we hereby require all Sheriffs of Shires, Stewarts of Stewartries, and their Deputies, and Magistrates of Burghs, to publish this Our Declaration, immediately after it shall come to their Hands, in the usual Place and Manner, under the Pain of being proceeded against for Failure thereof, and forfeiting the Benefit of our General Pardon.
Given under Our Sign-Manual and Privy-Signet at Our Court at Commercy, the 25th Day of October, in the 15th Year of Our Reign.
It is to be observ’d, That the Declarations by the Duke of Monmouth, and the Earl of Argyle, insist on such Acts of Tyranny committed by James II. as all the World knew to be true, whereas the Pretender, and those who have now rebell’d for the Support of his Claim, have no such Thing to charge upon King GEORGE, but traiterously misrepresent the legal Methods which he has taken, with Consent of Parliament, for the Defence of our Religion and Liberties, and retrieving the Honour of the Nation, on purpose to inflame the High-Church Mob.
It also deserves a Remark, that tho’ the Duke of Monmouth was so weak as to be prevail’d on by the Importunity of those who join’d him, to take the Title of King, yet he did not positively assert this Title to the Crown in his Declaration, but left it to be Determined by Parliament; whereas King James II. never offer’d to submit the Examination of the Pretender’s Birth to a Parliament, to whom the Prince of Orange referr’d it, but on the contrary, abandon’d the Kingdom, with his Queen, the Pretender, and all the material Witnesses, as if he had been conscious to himself, that such an Examination wou’d have fully discover’d the Cheat. Nor has the Pretender offer’d to make any Proof of his Legitimacy, or even to give such a feign’d Security for our Religion and Liberties as James II. did, but on the contrary did absolutely refuse the Scots Coronation Oath that was in Force before the Union of the Crowns, because it oblig’d him to maintain the Protestant Religion, as establish’d in that Nation in the Reign of Mary Queen of Scots, and confirm’d by her Son James VI. of Scotland, and the First of Great Britain.
This is enough to shew the Difference betwixt the Causes of the Rebellion against King James II. and that against King GEORGE; and tho’ the latter has been much more universal and formidable than the other, it will appear by the following Accounts, that the Proceedings against the present Rebels, have been kept within the due Bounds of Law, and temper’d with great Clemency, whereas those against the Rebels in the Time of James II. did not only exceed Law, but were carred on with such Barbarity as is shocking to Human Nature.
* Alice Lisle, Widow, indicted for harbouring John Hicks, a Rebel, &c. tried, found Guilty, and executed.
For High-Treason none Indicted.
Convicted for speaking seditious Words, severally fin’d and whipt.
Prisoners executed for High Treason. In all Seventy Four.
Joh. Foane, alias Fawne
John Beaumont, sen.
Andrew Ellis, alias Cossens
William Cox, sen.
Prisoners convicted for High Treason, to be delivered to Sir William Booth, to be Transported, being in all One Hundred.
Prisoners to be transported, to be delivered to Jerome Nipho, in all Sixty Two.
Robert Bryant, alias Hooper
Mallachy Mallack, reprieved
Walter Osborne, repr.
Prisoners to be delivered to Sir Christopher Musgrave for Transportation, &c. Sixteen.
John James, alias Jeane
Prisoners who had Certificates allow’d pursuant to his Majesty’s Gracious Proclamation, Twenty Seven.
John Butcher, junior
John Butcher, senior
Prisoners humbly proposed for his Majesty’s gracious Pardon, Twenty Five.
John Beaumont, junior
Thomas Greenway, junior
Prisoners remaining in Custody, Six.
William Cox, junior
Prisoners convicted for speaking scandalous Words, and for other Misdemeanors, fin’d, and had corporal Punishment.
Richard Hollyday, for conducting the Lord Gray from Gillingham to Ringwood, after the Fight at Weston, to be whip’d twice, fin’d a Mark, and to find Sureties for the good Behaviour for a Year.
Hugh Green, for publishing Monmouth’s Declaration, fined 1000 l. and committed till paid, and to find Sureties for the good Behaviour during Life.
William Wiseman, for publishing a seditious Libel, to be whipt at Dorchester, and at every Market Town in the Country.
For speaking seditious Words, severally fined and whipt.
Prisoners discharged for want of Evidence.
Prisoners continued in Goal not indicted.
Prisoners executed at Exeter for High-Treason, 14 in all.
Tim. Dunkin, repriev’d
Prisoners to be transported for High-Treason, for whom a Warrant is delivered to Jerome Nipho, Seven in all.
Walter Teape, repr.
Prisoners convicted remaining in Custody.
Robert Drower, reprieved
William Siller, junior
Elias Holman, reprieved
Humbly proposed for His Majesty’s Gracious Pardon.
Prisoners fined at Exeter for Words, and other Misdemeanors, Thirteen.
For speaking seditious Words severally fined, and whip’d.
Prisoners to be executed for High-Treason, who were convicted at Taunton, One Hundred Forty Five.
Nicholas Collins, senior
Jos. Bellamy, reprieved
Rob. Janes, alias Evans
Hugh Rooper, reprieved
Joh. Glover, alias Tucker
Prisoners to be delivered to Sir Christopher Musgrave for Transportation, Eighty Four.
John Hacker, jun.
John Fowler, sen.
John Fowler, jun.
Prisoners to be delivered to the Queen’s Order for Transportation, 100.
Nicholas Collins, jun.
Matthew Craft, jun.
Prisoners at Taunton convicted of High Treason, to be transported by Sir William Booth, 100.
Morris Furse, alias Vosse
Jos. Newberry, reprieved
Prisoners (who had Certificates pursuant to his Majesty’s Proclamation, which were allowed) to be pardoned, 20.
Richard Irish, jun.
John Sminney, jun.
Prisoners humbly proposed to his Majejesty for his Gracious Pardon, 23.
Prisoners in Goal omitted in the Warrant for Execution, altho’ designed to be executed, 15.
Prisoners remaining in Goal till further Order, 33.
Prisoners bailed at Taunton.
Prisoners to be executed for High-Treason, 100.
Samuel Vill, alias Vile
James Feild, sen.
John Ashwood, reprieved
John Dorchester, sen.
William Cheek, alias Chick
John Gilham, jun.
William Mead Glover
John Broome, reprieved
John Gill, sen.
Roger Hoare, reprieved
Prisoners to be transported, and delivered to Sir William Stapleton, One Hundred and Two.
Prisoners delivered to Sir Philip Howard for Transportation, Two Hundred.
James Field, junior
* Thomas Andersey,
* Richard Hoare, reprieved
* James Baker, reprieved
* James Smith, reprieved
John Williams, senior
John Williams, junior
John Lease, alias Gamlin
* Robert Drower, Elias Holman, in Exeter Goal; John Rosseter, Allegen Leversedge, in Taunton Goal; to be transported for Thomas Andersey, Richard Hoare, James Smith, James Baker.
Prisoners delivered for Transportation to Jeremy Nipho, Thirty Three.
John De•••…m, reprieved
John Mead, reprieved
Thomas Chinn, reprieved
Rich. Nash, alias Lissant
John Gill, junior
Thomas Body, James Price, Samuel Davison, to be transported in the place of John Denham, John Mead, Thomas Chinn.
Prisoners delivered to Captain John Price for Transportation, Fifty.
Robert Mudford, alias Mumford
Robert Sweet, junior
John Wythyman, jun.
Prisoners who had Certificates allowed pursuant to his Majesty’s gracious Declaration, Six.
Prisoners humbly proposed for his Majesty’s Gracious Pardon, Twenty Six.
William Ashford, jun.
John Dorchester, jun.
James Pitts, junior
Prisoners designed for Execution, yet omitted in the Warrant for Execution, Five.
William Oustler, senior
Prisoners remaining in Custody, &c.
Edward Hamond, alias Hamwood
Prisoners remaining in Custody for want of Evidence.
Prisoners convict for Misdemeanors, fined and imprisoned, and who had corporal Punishment.
Severally fined 13 s. 4 d. for speaking treasonable Words. Ordered to be whip’d at five several Market Towns.
Henry Gatchell, for the like fin’d 100 l.
Witnesses for the King left in Custody.
Thomas Sexton, alias Randall Furnivall
Prisoners bound each for the other, for their Appearances at the next Assizes, and for the good Behaviour in 100 l. each.
Walter Thomas, alias Bisse
An Account of what was done against those in Scotland, who took Arms there under the Earl of Argyle, &c. and against the Protestants in Ireland, by the late King James, and his Deputy Tyrconnel.
It is proper in the next Place, to give a brief Account how the Scots, who took Arms in their own Country against the Tyranny of King Charles and King James II. were treated. There were several Insurrections there, occasion’d by the barbarous Oppression of the Presbyterians, for not conforming to the Tyranny in Church and State then set up, which they protested they could not in Conscience do, since that Government was not only contrary to the Fundamental Laws of the Nation, but to their Principles, and the solemn Obligations which the King and Kingdom lay under by Oaths against it; and that it was attended by such an unlimited Prerogative given the King by a pack’d Parliament, as empower’d him by Virtue of his Supremacy, which they called an inherent Right to the Crown, ‘That he and his Successors might settle, enact, and emit such Constitutions, Acts, and Orders, concerning the Administration of the External Government of the Church, and the Persons employed in the same, and concerning all Ecclesiastical Meetings, and Matters to be proposed and determin’d therein, as they in their Royal Wisdom should think fit. These are the very Words of the first Act of the 2d Sessions of the first Parliament of Cha. II. and of the first Act of the second Parliament.
To force a Conformity to this sort of Government in Church and State, which King Charles II. had solemnly abjur’d at his taking the Crown of Scotland upon him, High Commission Courts were not only set up by the Prerogative, which acted contrary to Law, but Soldiers were employ’d to oppress, pillage, harrass, imprison, fine, and confine, beat and bind like Beasts, those who refus’d it. Sir James Turner, a bloody and atheistical Man, commanded in three such Expeditions against the Western Shires of Scotland, in 1663, 1665, and 1666. where he and his Troops exacted from the poor People of Galloway and Nithsdale, for their Nonconformity, betwixt 4 and 5000 l. Sterling, besides the great Charge they were at by giving free Quarters, and Money, to the Soldiers, to forbear the Barbarities which they practised on their Persons and Families. There was also levied by way of Fine, without any Crime alledged, from 132 Gentlemen, and others, near 7000 l. Sterling, besides free Quarters to the Soldiers sent to levy it, which amounted to as much; and notwithstanding the Money which was paid to those barbarous Troops to make them forbear Cruelties, it was their common Custom to destroy all the Provisions and Substance of those they quartered upon, and to fill the Bellies of their Servants and Dogs, before they would suffer the poor Families to eat any of their own Provisions; nor did they behave themselves thus only to those who did not conform, but to many Gentlemen and others who did; it being plainly the Design of the Court to ruin the West of Scotland; because that Part of the Kingdom had always, from the Time of the Reformation, signalized their Zeal for their Religion and Liberty. It was usual with them after they had ruin’d the Tenants to quarter upon their Landlords; and thus they harrass’d and plunder’d that Part of the Country three Times successively in the Years above-mention’d: And besides the Money thus exacted, they forced People to give Bonds for such other Sums as they thought fit, by which they beggar’d abundance of Families. And when any complain’d to the commanding Officer of those Inhumanities, they were commonly beaten, or otherwise barbarously treated. The Soldiers did likewise behave themselves so atheistically, that they publickly mock’d at all Religion, utter’d most horrible Curses and Oaths, ravish’d Women, and in short, their Behaviour was more like Savages and Pagans than civilized Men and Christians: and after they had thus ruin’d the Country, they extorted Certificates from the People, That they had been civilly used, on purpose to prevent their making Application to the Government for Redress; and when they had nothing left to pay what the Soldiers demanded, they were barbarously used in their Persons, and carried to Prisons, tied Hand and Foot, like Beasts. After the Country had been 7 Months thus oppress’d in Sir James’s third Expedition, three Country-men met four of his Soldiers carrying a poor old Man, one of their Neighbours, in that Manner to Dumfries; they begg’d the Soldiers to unty him, who, instead of doing it, attack’d the Countrymen with their Swords, but were worsted in the Scuffle, one of them wounded, and the other three threw down their Arms. This encourag’d these Men, with some others, to attack 10 or 12 more of the Soldiers, who were in like manner oppressing the People in that same Parish, and these they also disarmed, having kill’d one that made an obstinate Resistance. The Neighbourhood knowing that Sir James would take a terrible Revenge upon them, about 54 of them took Horse, and with a few Footmen marched to Dumfries, where they took Sir James, and disarm’d his Men. Having done this, they marched to the West, where the People were oppress’d in the like Manner, and being join’d by others, came at last to be 7 or 800. Upon this Lieutenant General Dalzeel was ordered to march against them with the regular Troops, they were declared Rebels, and order’d to lay down their Arms within 24 Hours after the Proclamation was published, without the least Assurance of Pardon, and all the Subjects were ordered to assist the General, on pain of Rebellion. This poor Handful being thus made desperate, they marched within two Miles of Edinburgh, and a Cessation was agreed between the General and them for one Night, until their Grievances and Petition might be presented by him to the Council. This made them secure, and the General, contrary to Agreement, surpriz’d them just at the Time when his Messenger was delivering their Petition to the Council. They made a stout Resistance, and repuls’d his advanced Troops three Times, but being vastly inferior in Number, and fatigued with long Marches, Hunger, Rain and Cold, they were defeated on the 28th of November, 1666. 40 of ’em kill’d, and above 130 of them taken, many of whom were executed with the greatest Cruelty and Barbarity, and some of them tortured by an Engine called a Boot, to make them discover others, and such as had given them any Assistance or Relief. Besides, it was made Treason for any one to harbour such of them as had escaped. This was the first Insurrection in Scotland, known by the Name of Pentland-Hills, which was the Place where they fought.
These Barbarities served only to incense the Country, and to make the People of the Western Shires more averse to Conformity than before. This occasion’d many severe Laws to force them to a Compliance, which not having the design’d Effect, an Army of barbarous Highlanders was twice brought down upon the Country, which they plunder’s, treated the People with all sort of Inhumanity, garrison’d Gentlemen’s Houses contrary to Law, impos’d Bonds and Oaths upon the People without Authority of Parliament, and committed such other Outrages, as if they had been in an Enemies Country. But all this not prevailing with the People to conform, or to abstain from Worship in the Fields, when they could not do it in Houses, Troops were employed to attack the People where-ever they were assembled, which oblig’d them frequently to stand on their Defence, and all that did so being made Guilty of Death, this brought on the second Insurrection at Bothwell-bridge, in 1679. where the poor oppressed People being vastly out-number’d by the King’s Army, under the Command of the Duke of Monmouth, about 300 of ’em, after a stout Resistance, were kill’d, the rest put to flight, and above 1000 taken, and carried to Edinburgh, where they were a long time kept in an open Church-yard without any Shelter from Cold or Rain; several Ministers and others were executed, and about 1700 taken there, and at other Places before, sold for Slaves to America, and other Parts, 200 of which were cast away near Orkney, thro’ the Barbarity of the Captain of the Ship, who order’d them to be kept under Hatches, when his Ship struck, otherwise they might have escaped as well as he, and his Men, and about 50 others of their Fellow Prisoners.
The Country was made a perfect Scene of Horror and Cruelty, by the Pursuits which were made after those who escaped from the Field, and the proscribing, or putting to Death such as were found to give them any Relief, though their nearest Relations. And Acts were made to make it Death for any Presbyterian Ministers to preach, or People to hear them, in House or Field.
These barbarous Oppressions made a Part of the People so mad, that some of them thought themselves absolved from giving any further Obedience to King Charles II. or those commissioned under him; and therefore took upon them to declare, That he had forfeited his Crown by his Perjury and Tyranny, and that they would no more own him as their Sovereign. Though this was known to be contrary to the declared Principles of the Presbyterians, and perfectly inconsistent with what they held themselves to be obliged to by the Solemn League and Covenant, which bound them to maintain the King’s just Prerogative, and the Authority of Parliaments, from whom their Kings derived their Authority, and without whose Consent they held they could not be depriv’d of it; yet the Practice of those few desperate Men was made a Handle to oppress all the Presbyterians, and to impose new Oaths and Bonds upon them. In the mean time that Handful of Men who had thus thrown off the King’s Authority, were pursued from Place to Place, and kill’d without any Tryal, where-ever they were found; and the Soldiers had an illegal Power given them by the Council to tender a Bond or Oath, to all that they pleased, to disown the Declaration of those Men; and if they refused it, they were presently to kill them; and thus they murder’d, without any Trial, about 78 People, in several Parts of the Country, and in such a barbarous Manner, that they would not allow those poor People Time to recommend themselves to God, before they were shot or stabb’d, but answer’d them with this atheistical Sarcasm, What the Devil have you been doing so many Years? Ha’n’t you had Time enough to pray in the Caves and Mountains!
The murmuring Faction cannot pretend that the present Rebels were forced by any such Extremities as these, to take Arms, nor have they any Ground to complain of any such Inquisitorlike Proceedings against their Friends; and ’tis well for them ’tis so; otherwise there had been such a Havock long e’er now among the HighChurch Party, that few or none of them would have been left to belch out Lies and Treason every Day against the Government.
I come now to the last Insurrection in Scotland, before the Revolution, which was that under the Earl of Argyle, already mention’d: The Causes of it are to be seen in his Declaration, as above, so that there’s little more to be said of it, but that his Lordship not being able to raise above 2000 Men, because of the Precautions which the Government had taken against him upon the early Notice they had of his Design, he only wander’d about for 6 or 7 Weeks, in the Western Highlands, where being block’d up by the King’s Men of War, and straiten’d for Provisions, abundance of his Men deserted; and coming at last towards Dumbarton and Glasgow, he was intercepted by a numerous Army; and his Men perceiving that the Enemy was ten times their Number, and being also wearied out with long Marches, want of Provisions, and Sleep, most of them withdrew in the Night, and the few that kept together, were, after some Skirmishes with a Party of the Enemy, whom they defeated, obliged likewise to disperse; the Earl himself, with a few more, were taken, and executed at Edinburgh, as about 20 of his Men were at his Seat at Innerary in the Highlands; and many others taken up afterwards on Suspicion, or otherwise, were banish’d to America.
Tis observable, That the Earl was not executed upon the Account of this Rebellion; but because of an Explanation which he offered of the Test that had been made, for all those in Places of Power and Trust, when the Parliament of Scotland settled the Succession upon the Duke of York: This was so much the more extraordinary, that several of the Episcopal Party had been allow’d to take it with such Explanations, because it was contradictory in it self, and were never called in question for it: But the Reason why the Earl was pick’d out to be a Sacrifice, was the Greatness of his Quality and Power, which the Court knew would make it difficult for them to carry on their Popish and Tyrannical Designs in Scotland, so long as a person of his Weight and Interest in the Country was left in being.
After his Defeat, James II. thought he might do what he would in Scotland: He persecuted the Presbyterians with the Height of Barbarity, and overturn’d the Constitution by an arbitrary Proclamation, Feb. 12. 1687. wherein he granted an unlimited Toleration by his Sovereign Authority, Prerogative Royal, and Absolute Power, which he alledg’d all his Subjects ought to obey without Reserve: This, with other things mentioned in the Scots Declaration of Rights, brought on the Revolution there, as appears by the 13th Act of their Convention, Apr. 11. 1689, wherein they charge him with having invaded the Fundamental Constitution of the Kingdom; That he altered it from a legal limitted Monarchy to an arbitrary despotick Power; and in a publick Proclamation asserted an absolute Power to annul all the Laws, and particularly arraign’d those which establish’d the Protestant Religion.
I come next to take a View of King James II’s Administration in Ireland. Soon after his Accession to the British Throne, he sent that bigotted Papist and Tyrant, the Earl of Tyrconnel, to be Lord Lieutenant of that Kingdom, at the Request of the Popish Clergy there, who, in their letter to the King, of July, 1625. said, ‘That Tyrconnel was the Person that did first espouse, and chiefly maintain their Cause for the last 25 Years, and was the only Man on whose Fortitude and Popularity they durst with Chearfulness own their Loyalty, and assert his Majesty’s interest: Therefore they prayed, That his Majesty would be pleased to lodge his Authority in his Hands, to the Terror of the Faction, meaning the Protestants.’
Tyrconnel fully answered their Expectations, and in a little Time cashier’d the Protestant Army in Ireland, which consisted of about 7000 Men, and form’d another of Papists, most of whom were the Descendants, or near Relations of those that had been attainted for the Rebellion and Massacre in 1641, or had signalized themselves by notorious Villanies, and implacable Hatred to the English, and Protestant Interest in that Nation.
In the next Place he set up Judges there, who were engaged by Interest and Inclination to destroy the Protestant Religion; and one of them, called Rice, a prosligate Papist, who was advanced to be Lord Chief Baron, had the Impudence to declare, he would draw a Coach and six Horses through the Act of Settlement, which was the Chief Security the Protestants had in that Kingdom. Sir Alexander Fitton, who had been convicted of Forgery at Westminster-Hall, and Chester, and fin’d for it by the Lords in Parliament, was taken out of Goal, and made Lord High Chancellor of Ireland, because he turned Papist; and was so zealous to shew himself a true Convert, that he several times declared with the Height of Impudence from the Bench, That the Irish Protestants were all Rogues, and that there was not one among 40000 of ’em, but was a Traytor, Rebel and Villain.
The Privy Council in Ireland was compos’d of a Majority of Papisis; so that the Protestants named as Members of it, declined to act; because they were sensible that they could do their Religion and the English Interest no manner of Service.
There wanted nothing else but to model a House of Commons to the Designs of the Court, and in order to that the Charters of all Corporations were seiz’d by Quo Warranto’s, without any Cause or Shadow of Law; so that the Magistracies of Corporations were fill’d up with Papists, and Men of desperate, or no Fortunes; and the new Charters had a Clause by which the chief Governour was impower’d to turn out and put in whom he pleased, without shewing a Reason.
The Protestant Clergy were oppressed by Tyrconnel, and the Popish Priests did openly demand the Tythes belonging to them, and forbad their People to pay the Tythes to the Protestant Incumbents, on Pain of Damnation. This pass’d afterwards into an Act, by which the Papists were to pay their Tythes only to their own Priests; and afterwards, as any Protestant Bishop or Clergyman died, Papists were put into their Places by the King’s Privy Signet, or Sign Manual.
In the next Place Tyrconnel stopp’d the Salaries of the University of Dublin, because they would not, contrary to the Laws and their Oaths, admit a vicious ignorant Papist into a vacant Fellowship; and when King James arrived there after the Revolution, the Protestant Vice President, Fellows and Scholars, were all turn’d out, their Furniture, Library, Communion Plate, and every thing belonging to the College was taken away, the House made a Garrison, and their Chambers made Prisons for Protestants; tho’ King James had promised to preserve their Liberties and Properties, and rather augment than diminish the Privileges which had been granted them by his Predecessors. At last most of the Churches in and about Dublin, were seiz’d on by the Government, and an Order was issued, forbidding more than 5 Protestants to meet, under Pain of Death, so that all religious Assemblies through the whole Kingdom, were prohibited to Protestants.
To complete their Ruin, an Act of Attainder was pass’d in Parliament, in order to which, every Member of the House of Commons returned the Names of all such Protestant Gentlemen as lived near them, or in the County or Borough for which he served; or if he was a Stranger to any of them, he sent to the Country for Information about them. When the Bill was presented to the King for his Assent, the Speaker told him, That many were attainted in that Act upon such Evidence as satisfied the House, and the rest upon Common Fame.
In this Act, no fewer were attainted than two Archbishops, one Duke, 17 Earls, 7 Countesses, 28 Viscounts, 2 Viscountesses, 7 Bishops, 18 Barons, 33 Baronets, 51 Knights, 83 Clergymen, 2182 Esquires and Gentlemen, and all of ’em unheard, declared and adjudged Traytors, convicted and attainted of High-Treason, and adjudged to suffer the Pains of Death and Forseiture. The famous Proscription of Rome during the last Triumvirate, came not up in some Respects to the Horror of this; for there were condemned in this little Kingdom more than double the Number that were proscribed through the vast Bounds of the Roman Empire. And to make this of Ireland yet the more terrible, and to put the Persons attainted out of a Possibility of escaping, the Act it self was concealed, and no Protestant allow’d a Copy of it, till four Months after it was past: Whereas in that of Rome, the Names of the Persons proscribed were affixed upon all the publick Places of the City, and the very Day the Proscription was concerted; and thereby Opportunity was given to many of the noblest Families in Rome, to preserve themselves by a speedy Flight for better Times.
Let our Murmerers speak from their Consciences, if they have any: Can the most abandon’d of them have the Face to say, That there is not a very great Difference betwixt the Cause of those who took Arms against Tyranny and Popery in the three Nations, during the Reigns of King Charles and King James II. and of such as have taken Arms to set up an Impostor, and to bring in Tyranny and Popery in the Reign of King George. Is there not a very great Difference betwixt those who ventur’d their Lives and Fortunes to save Us from the Slavery of France, and Idolatry of Rome, and those who would have delivered us up in Chains to both.
And as the Difference betwixt the Causes is remarkable, the Difference betwixt the Conduct of the Parties is no less so. Can Envy and Malice charge the Whigs in those Reigns to have join’d with Papists in pulling down Places of Protestant Worship, whilst Mass-Houses pass’d untouched? Can they be charged to have joined with Papists to insult Prince and Parliament, in order to interrupt the Course of Justice against an Incendiary, for preaching Sedition and Treason? Can they be charged with a Rebellion to screen a Ministry from Justice, who had betrayed their Religion, their Liberty, their Country, their Trade, their Sovereign, and all Europe, into the Hands of France? Can they be charged with taking Arms for Ministers who had perswaded their Sovereign to break Oaths and Leagues, to betray our Allies in Council and Cam• and to utter the grossest Contradictions and •alshoods from the Throne? Can they be charged with concurring in a Design to defeat a Protestant Succession, and set a Papist on the Throne by execrable Tricks and Perjuries, and particularly by taking Oaths to the Government, on purpose to undermine it. Or can they be charged, when in Arms, with burning and plundering their Native Country, or to have join’d with Domestick and Foreign Papists, to set up a Popish Pretender, and murther and dethrone a Protestant King, and his whole Royal Family.
The Faction, tho’ Case-harden’d to the greatest Degree, can’t charge such Things upon those who took Arms against the Male-Administrations of King Charles II. and King James II.
Then, as to the Difference betwixt the Treatment of those who took Arms against those Princes, and our present Rebels, can the Faction have the Impudence to say, That our Generals have treated the present Rebels, as Kirk did those who took Arms under the Duke of Monmouth, when he ordered 90 of the poor wounded Prisoners to be immediately hang’d at Taunton, without allowing their poor Wives and Children to speak to them, and at the same time made his Pipes to play, his Drums to beat, and his Trumpets to found, that the People might not hear what they said at the Place of Execution; after which he order’d their Quarters to be boil’d in Pitch, and set up in several Parts of the Town; for which, when he was afterwards question’d, he pleaded the Orders of the King and his General.
Can they say that our Judges have hector’d Juries to bring in any of the Rebels Guilty, after they had three times acquitted them: as Jefferies did in the Case of the Lady Lisle?
Can they say that our Judges have trapanned any of the Rebels to confess themselves Guilty, in Hopes of Pardon, as Jefferies did, and then hang them up afterwards by Scores, without allowing them Time to prepare for Death?
Can they say that our Judges have extorted any Sums from the Rebels for procuring them Pardons, or much less that they have extorted 14500l. from any Rebel of Note for a Pardon, as he did in order to purchase himself an Estate?
Can they say that our Judges have condemn’d above 500 Persons upon very slight, or no Evidence, as he did at Taunton and Wells, where above 239 were executed, and their Quarters dispers’d in the principal Places and Roads of the Country?
Can they say that our Judges have prosecuted Girls of 8 or 9 Years old for High-Treason, because they presented a few Colours to the Rebels, as Jefferies did, and forc’d their Parents to pay as much for their Pardon as would have made them handsome Fortunes?
Let them look upon the Lists above, and compare them with the Lists of those tryed lately at Liverpoole, and publish’d in the Flying-Post of Feb. 14. and then tell us, whether the Clemency of King James II. or that of King GEORGE is the greatest.
Let them turn their Eyes to the abovemention’d Accounts of the Proceedings against the Rebels in Scotland, in the Reigns of the two Brothers, and see if they can find such Barbarities now as were practis’d there at that Time.
Have any of the present Rebels been tortur’d with Boots and Thumbkins to make them discover the rest, and who gave them any Relief or Encouragement?
Can they tell us of any that have been proscrib’d, or put to Death for entertaining the present Rebels, tho’ their nearest Relations?
Let them tell us, if they can, where any of the present Rebels have been drown’d on purpose, under the Pretence of being transported to Foreign Plantations.
Can they give us any Instances that the present Rebels have been examin’d upon captious Questions by Privy-Councils and Judges, and hang’d for not answering such Questions, as was practis’d in Scotland?
Can they tell us of any Parties of Soldiers sent out to murder those whom they met in the Fields and Roads, that would not disown the Pretender’s Declaration or Title. And let them tell us if they can, whether Inn-keepers and Hostlers are empower’d to examine their Guests and Travellers upon such Questions; and of Magistrates being empower’d to hang such Persons immediately, as had not Certificates of their having disown’d the Pretender and his Title, or would not do it when brought before them?
Have the present Rebels, taken in the Act, been exposed without Cover to the Rigour of the Season by Hundreds together, and left to strave, as those that were taken at Bothwell-Bridge in Scotland?
Let them next take a Tour to Ireland, and find out Instances there, where the Pretender’s Friends have been attainted in Parliament upon Common Fame, and the Act concealed that they might have no Opportunity to make their Escape.
A great deal more might be said of the Inhuman and Barbarous Proceedings of those Reigns; but this is more than enough to convict our Murmurers of Falshood, who cry out against the gentle Methods of Justice now made use of to punish such as have rais’d the most unnatural and ill-grounded Rebellion that was ever heard of upon Earth.
I shall conclude with one Rebuke to the Jacobite Females, who take upon them to make Treason their ordinary Tattle, that ’tis well for them that they don’t live under such an Administration, as that of Charles and James II. in Scotland, when poor Country Girls were hang’d without Mercy, for saying that Charles had forfeited his Title to the Crown by breaking the Original Contract, or Covenant, on which he took it, and that James being a profess’d Papist, had no Right to the Crown, because it was coutrary to the Fundamental Laws of the Nation, and particularly that of King James VI. which obliged al• their Princes to swear at their Coronation that they were Protestants, would maintain that Religion, as then established, and abolish all false Religion, Idolatry, and Heresy. I would also advise those Jacobite Ladies who make so bold with the present Government at their Tea-Tables, &c. and discover so much Inclination to favour the Rebels, to remember what the Lady Lisle, and Mrs. Gaunt suffer’d, for Crimes of a far less Nature in the Eye of the Law, as it then stood, or rather was wrested.
Source: Google Books