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The King paies that Bill, and

the other

Feb. 14.

"Other, the whole Militia of the Kingdom, the granting of "which would abfolutely diveft him of all Regal Power; "that he would not be able to deny Both; but by granting "the former, in which he parted with no matter of Moment, "he would, it may be, not be preffed in the fecond; or if "he were, that as he could not have a more Popular Quarrel ແ to take up Armes,than to defend himself, and to preferve that "Power in his hands, which the Law had vefted in him, and without which he could not be a King; fo he could not "have a more Unpopular argument for that Contention, than "the prefervation of the Bishops in the House of Peers, which "few Men thought Effential, and moft Men believ'd Preju"dicial, to the Peace and Happiness of the Kingdom.

THESE arguments, though used by Men whom he most trufted, and whom he knew to have opposed that Bill in its paffage, and to be cordially Friends to the Church of England in Difcipline and Doctrine, prevail'd not fo much with his Majefty, as the perfwafions of the Queen; who was not only perfwaded to think those reasons valid (and there are that believe that Infufion to have been made in Her by her own Priests, by Inftructions from France, and for reasons of State of that Kingdom) but that her own Safety very much depended upon the King's confent to that Bill; and that, if he fhould refuse it, Her Journey into Holland would be croffed by the Parliament, and poffibly her Perfon in danger either by the Tumults, which might eafily be brought to Windfor from Westminster, or by the Infurrection of the Countries in her paffage from thence to Dover, where fhe intended to take Shipping. Whereas by her Interceffion with the King to do it, the would lay a most Seasonable and Popular Obligation upon the whole Nation, and leave a pleafant odour of her Grace and Favour to the People behind her, which would prove much to her advantage in her abfence; and she should have the Thanks for that Act, as acquired by her goodnefs, which otherwife would be extorted from the King, when the was gone.

THESE Infinuations and Difcourfes fo far fatisfied the Queen, and fhe the King, that, contrary to his moft pofitive Refolution, the King confented, and fent a Commiffion for the Enacting both that Bill, and the other about Preffing; of Preffing which was done accordingly, to the great Triumph of the Boutefeus, the King fending the fame day that he Pass'd those Bills, which was the fourteenth of February, a Meffage to both Houses; "That he was affured his having Pafs'd those two Bills, being of fo great importance, fo fuddainly, would "ferve to affure his Parliament, that he defired nothing more પ than the Satisfaction of his Kingdom. For Ireland, he faid,

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"as he had Concurr'd in all Propofitions made for that Ser"vice by his Parliament, fo he was Refolv'd to leave nothing "undone for their Relief, which fhould poffibly fall within "his Power, nor would refufe to venture his own Person in "that War, if the Parliament fhould think it convenient, for "the reduction of that miferable Kingdom.

THE paffing that Bill for taking away the Bishops Votes, exceedingly weaken'd the King's Party; not only as it fwept away fo confiderable a number out of the House of Peers, which were conftantly devoted to him; but as it made impreffion on others, whose minds were in fufpence, as when Foundations are thaken. Befides, they that were best acquainted with the King's Nature, Opinions, and Refolutions, had reason to believe, that no exigence could have wrought upon him to have confented to fo Anti-Monarchical an Act; and therefore, never after retained any confidence, that he would deny what was Importunately asked; and fo, either abfolutely withdrew themselves from thofe confultations, thereby avoiding the envy, and the danger of oppofing them, or quietly fuffer'd themfelves to be carried by the Stream, and to confent to any thing that was Boldly and Luftily attempted.

AND then it was fo far from dividing the other Party, that I do not remember One man, who vehemently infifted on, or indeed heartily wifhed, the paffing of that Bill, that ever deferted them, till the Kingdom was in a Flame: but on the contrary, very many, who cordially and conftantly opposed that Act, as friends rather to Monarchy than Religion, after that Bill, never confider'd or refifted any attempt, or further alteration, in the Church, looking on the Bishops as useless to Soveraignty, and fo not of Importance enough to be defended by the Sword. And I have heard the fame Men, who urged Before, "that their places in that House "had no relation to the Difcipline of the Church, and their "Spiritual Jurifdiction, and therefore ought to be Sacrificed ແ to the Prefervation of the other, upon which the Peace, and "Unity of Religion fo much depended, fince argue, that "Since their power in that Houle, which was a good Out"work to defend the King's from Invafion, was taken away, any other form of Government would be equally advantageous to his Majefty; and therefore, that he ought not to "infift on it, with the leaft inconvenience to his condition. BUT that which was above, or equal to all this, was that by his Majesty's enacting thofe two Bills, he had, upon the matter, approved the Circumftances of their paffage, which had been by direct violence, and almost force of Arms; in which cafe, he ought not to have confirm'd the most Poli

tick, or the moft Pious Conftitutions: Male pofita est Lex, que tumultuarie pofita eft, was one of thofe pofitions of AriStotle, which hach Never been fince contradicted; and was an advantage, that, being well managed, and ftoutly infifted upon, would, in spight of all their Machinations, which were not yet firmly and folidly formed, have brought them to a temper of being Treated with. But I have fome cause to believe, that even this Argument, which was Unanswerable for the Rejecting that Bill, was applied for the Confirming it; and an opinion that the violence, and force, used in procuring it, render'd it abfolutely Invalid and Void, made the Confirmation of it lefs confider'd, as not being of ftrength to made that Act good, which was in it Self Null. And I doubt this Logick had an influence upon other Acts of no lefs Moment than thefe: but it was an Erroneous and Unskilful fuggeftion; for an Act of Parliament, what Circumftances foever concurr'd in the contriving aud framing it, will be allways of too great reputation to be avoided, or to be declared Void, by the fole Authority of any Private perfons, or the Single power of the King Himself. And though the Wisdom, Sobriety, and Power, of a future Parliament, if God fhall ever blefs the Kingdom with another Regularly Conftituted, may find caufe to declare this, or that Act of Parliament, Void; yet there will be the fame temper requifite to fuch a Declaration, as would ferve to Repeal it. And it may be Then, many men, who abhorr'd the thing when it was done, for the Manner of doing it, will be of the Civilians opinion, fieri non debuit, factum valet; and never confent to the Altering of that, which they would never have confented to the Establishing of; neither will that fingle Prefident of the Judges in the cafe of King Henry the Seventh, when they declared the Act of Attainder to be Void by the Acceffion of the Crown (though if he had in truth been the perfon, upon whom the Crown had Lineally and Rightfully defcended, it was good Law) find, or make, the Judges of another Age parallel to them, till the King hath as ftrong a Sword in his hand, and the People as much at his devotion and difpofal; and then the Making, and Declaring Law, will be of equal Facility, though, it may be, not of equal Juftice. How much foever the King's Friends were, for the reasons aforefaid, dejected upon the paffing thofe two Acts, it is certain, They who thought they got whatfoever He loft, were mightily Exalted, and thought Themfelves now Superior to any Oppofition: And what returns of duty and acknowledgement they made to the King for that Grace and Favour, is to be remember'd in the next place.

THE fame day thofe two Acts were by his Majesty's Com

miffion

miffion paffed, and as foon as a very fhort Meffage of thanks for that favour, as much importing the Safety of both Kingdoms, of England and Ireland, was confented to, an Ordinance for the fettling the Militia was agreed on by both Houses, and, together with a lift of the Names of fuch Perfons, as for the prefent they meant to Confide in, was immediately fent to the King for his Approbation; the which, being the moft Avowed foundation of all the Miferies that have followed, will be here neceffary to be inferted in the very terms and form it was agreed upon, and presented; and was as followeth.

An Ordinance of both Houses of Parliament for the order- An Ordi-
ing of the Militia of the Kingdom of England, and Do-
minion of Wales.

nance agreed on by both Houses for

Settling the

"WHEREAS there hath been of late a moft dangerous Militia. "and desperate defign upon the House of Commons, which cc we have juft caufe to believe to be the effect of the bloody "Counfels of the Papifts, and other ill affected Perfons, who "have already raised a Rebellion in the Kingdom of Ireland, "and, by reason of many difcourfes, we cannot but fear "they will proceed, not only to ftir up the like Rebellion, "and Infurrection in this Kingdom of England, but also to "back them with Forces from abroad; for the fafety there"fore of his Majefty's Perfon, the Parliament, and Kingdom, "in this time of imminent danger, it is ordain'd by the King, "the Lords, and Commons, now in Parliament affembled, "That fhall have power to affemble, and call "together all and fingular his Majesty's Subjects within the "County of as well within Liberties, as without, "that are meet and fit for the Wars, and them to Train, Exer"cife, and put in readinefs, and them, after their Abilities, and "Faculties, well and fufficiently, from time to time, to cause "to be array'd, and weaponed, and to take the Mufter of "them in places moft fit for that purpose. And

"fhall have power within the faid County to nominate, and "appoint fuch perfons of Quality, as to him fhall feem meet, "to be his Deputy Lieutenants to be approved of by both "Houses of Parliament: and that any one, or more of the "faid Deputies, fo affign'd and approv'd of, fhall in the ab"fence, or by the Command of the faid

have "Power and Authority to do and execute within the County cc of all fuch Powers and Authorities before in "this prefent Ordinance contain'd; and fhall have power to "make Colonels, and Captains, and other Officers, and to remove out of their places, and to make others from time to

ર time,

❝ time, as he fhall think fit for that purpose. And "his Deputies, Colonels, and Captains, and other Officers, "fhall have further Power and Authority to Lead, Conduct, "and Imploy, the perfons aforefaid, array'd, and weaponed, <c as well within the County of as within any "other part of this Realm of England, or Dominion of Wales, "for the fuppreffing of all Rebellions, Infurrections, and In"vafions, that may happen, according as they, from time to "time, fhall receive directions by his Majefty's Authority, "fignified unto them by the Lords and Commons, affembled "in Parliament. And it is further Ordain'd, that fuch, as "fhall not obey in any of the Premifes, fhall answer their cr 'neglect and contempt to the Lords and Commons, in a Par"liamentary way, arid not otherwife, nor elsewhere and "that every the Powers, granted as aforefaid, fhall continue, "until it shall be otherwife order'd, or declar'd by both Houses "of Parliament, and no longer. This to go

"alfo to the Dominion Wales.

A fecond Act of the fame day, and the only way they took to return their thanks and acknowledgment to the Queen for her interceffion, and mediation in the paffing thofe Bills, was the opening a Letter they intercepted, which was directed to her Majefty. The Lord Digby, after their Majesty's going to Windfor, when he found in what umbrage he ftood with the powerful and prevailing Party, and that they were able to improve his going through a Town in a Coach and fix horfes to a Warlike appearance, and fo to expose him to the fury of the People, at least to the power of the Counties, to be fuppreffed, as they had done by their Order, or Proclamation of the twelfth of January, before remember'd, and appointed to be read in all Market Towns throughout England; concluded for his own fecurity, and to free the King's Councils from the imputation of his evil influence, to remove himself into some parts beyond the Seas: and fo, by the King's leave, and by his licence, was tranfported into Holland, from whence he writ fome Letters to his friends at London, to give them an account where he was, and for supplying himself with fuch accommodations as he ftood in need of. Amongst these Letters there was one to his Brother in Law Sr Lewis Dives, which, by the treachery of that perfon, to whofe care it was intrufted for conveyance, was brought to the House of Commons and it being averred, "that it came "from the Lord Digby, whom they looked upon as a Fugitive, they made no fcruple of opening it; and finding another in it directed to the Queen, after a very little pause they did the like; for which they made no other excufe (when upon a Meffage

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