The declaration of James Duke of Monmouth, & the noblemen, gentlemen & others, now in arms, for defence & vindication of the Protestant religion, & the laws, rights, & privilieges of England, from the invasion made upon them, & for delivering the kingdom from the usurpation & tyranny of James Duke of York Monmouth, James Scott, Duke of, 1649-1685. 1685 Approx. 25 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A51146 Wing M2429 ESTC R10337 12533887 ocm 12533887 62823 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51146) Transcribed from: (Early English Books Online ; image set 62823) Images scanned from microfilm: (Early English books, 1641-1700 ; 769:3) The declaration of James Duke of Monmouth, & the noblemen, gentlemen & others, now in arms, for defence & vindication of the Protestant religion, & the laws, rights, & privilieges of England, from the invasion made upon them, & for delivering the kingdom from the usurpation & tyranny of James Duke of York Monmouth, James Scott, Duke of, 1649-1685. 8 p. s.n., [London : 1685] Caption title. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Great Britain -- History -- Restoration, 1660-1688. 2004-11 TCP Assigned for keying and markup 2005-02 Apex CoVantage Keyed and coded from ProQuest page images 2005-03 Mona Logarbo Sampled and proofread 2005-03 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion THE DECLARATION OF JAMES DUKE of MONMOUTH , & The Noblemen , Gentlemen & others , now in Arms , for Defence & vindication of the Protestant Religion , & the Laws , Rights , & Privilieges of England , from the Invasion made upon them : & for Delivering the Kingdom from the Usurpation & Tyranny of JAMES DUKE of YORK . AS Gouvernment was originally Instituted by God , & this or that forme of it chosen and submitted to by M●● , for the peace happiness & security of the Governed , & not for the private Interest , & personall greatness of those that Rule : so that Government hath been alwayes esteemed the host where the supreme Magistrates have been vested with all the power & prerogatives that might Capacitate them , not only to preserve the people from violence & oppression , but to promote their prosperity ; & 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 intrusted with him that was necessary either for advanceing the wellfare of the people , or for his own protection in the discharge of his Office , & with all stood so limited & restraines by the fundamental Termes of the Constitution , that without a violation of his own Oath , as well as the Rules , & measures of the Government , he could do them no hurt , or 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 , & priviledges of the subject , were so far from justling one another ; that the rights reserved unto the People , tended to render the King honorable & Great ; and the prerogratives setled on the Prince , were in order to the subjects protection & safety . But all humane things being liable to pervertion , as well as decay ; it hath been the fate of the English Government , to be often changed , & wrested from what it was , in the first setlement & Institution . And wee are perticularly compelled to say , that all the boundaries of the Government have of late been broken , & nothing left unattempted . for turning our limited Monarchy into an absolute Tyranny . For such hath been the transactions of affaires within this Nation for severall Years last past , that tho the Protestant Religion , & Libertyes of the people , were fenced & hedg'd about , by as many Laws , as the Wisdome of men could devise , for their preservation against Popery and Arbitrary Power ; our Religion hath been all a long undermined by Popish Councells , and our Priviledges ravished from us by fraud & violence . And more especially , the whole course & series of the Life of the present Usurper , hath been but one continued conspiracy against the Reformed Religion , & rights of the Nation . For whosoever considers his contriving the burning of London ; his Instigating a consederacy with France , and a Warr with Holland ; his somenting the popish Plot ; and incouraging the Murther of Sr. Edmund-Bury-Godfry to Stifle it ; his forging Treason against Protestants ; & suborning witnesses to sweare the Patriots of our Religion & liberties out of their Lives ; his hireing execrable Villaines to assassinate the late Earle of Essex ; and causing severall others to be Claudestinly cut off in hopes to conceale it ; his advising and procuring the Prorogation and Dissolution of Parliaments , in order to prevent enquiry into his Crimes , & that he might escape the justice of the Nation : such can imagine nothing so black and horrid in it selfe , or so ruinous & destructive to Religion , and the Kingdome , which we may not expect from him , upon his having invaded the Throne ; and usurped the Title of a King. The very Tyrannies which he hath exercised , since he natched the Crown from hi Brothers head , do leave none under a possibility of flatering themselves , with hopes of safety either in their consciences , persons , or Estates . For in defiance of all the Laws & Statutes of the Realme , made for the security of the Reformed Protestant Religion , he not only began his Usurpation and pretended Reign , with a bare faced avowing himselfe of the Romish Religion , but hath call'd in muititudes of Preists & Iesuits ( for whom the Law makes it treason to come into the Kingdom ) and hath impower'd them to exercise their Idolatries , and besides his being dayly present at the worship of the Mass , hath publickly assisted at the grossest Fopperios of their superstition . Nor hath he been more tender in trampling upon the Laws which Concerne our Properties , seeing by two Proclamations , whereof the one requires the collecting of the Customes , & the other the continuing that part of the Excise which was to expire with the late Kings death , he hath violently & against all the Laws of the Land broken in upon our Estates . Neither is it any extenuation of his usurpation & Tyranny , that he is countenanced in it by an extra Judiciall opinion of seven or eight suborned & forsworne Judges : that rather declaring the greatness and extent of the conspiracy against our Rights , and that there is no meanes left for our releife , but by force & Armes . For advancing those to the Bench , who were the scandal of the Barr ; and Constituting those very men to deelare the Laws , who were accused & branded in Parliament for perverting them ; Wee are precluded all hopes of redress in Westminster-Hall : and through packing to gather by false returnes , new Illegall Charters , & other corrupt meanes , a company of men which he intends to stile a Parliament ; he doth at once deprive us of all expectation of succour , where our Ancestors were wont to find it : and hopes to render that which ought to be the peoples fence against Tyranny , & the conservators of their Liberties , the meanes of subverting all our Laws , & of establishing his Arbitraryness , & confirming our thraldome . So that unless Wee could be contented to see the reformed Protestant Religion , and such as profess it extirpated ; popish superstition and Idolatry established : the Laws of the Land Trampled underfoot ; the Liberties & rights of the English people subverted ; all that is Sacred , and Civil , or of regard amongst men of Piety , or Virtue Violated ; and an Usurper Tyrannising on the Throne : and unless Wee could be willing to be Slaves as well as Papists ; & forget the example of our noble & generous Ancestours , who conveyed our Priviledges to us at the expence of their blood & treasure ; and with all be un mindfull of our duty to God , our Country and Posterity ; deafe to the cries & groanes of our oppressed Freinds ; and be satisfyed not only to see them and our selves Imprison'd , robb'd , & murthered ; but the Protestant Interest throughout the whole world , betrayed to France & Rome . Wee are bound as Men & Christians and that in discharge of our duty to God , & our country , and for fatisfaction of the expectations of the Protestant Nations round about us , to betake ourselves to Armes : which wee call Heaven & Earth to witnes , wee should not have done ; had not the Malice of our Enemies deprived us of all other meanes of redress , and were not the miseries wee already feele , & those which do further threaten us , worse then the Calamities of Warr. And it is not for any personall injuries or private discontents , nor in pursuance of any corrupt Interest , that wee take our swords into our hands ; but for Vindicating our Religion , Laws , & Rights , and rescueing our Country from ruin & destruction : and for preserving our selves , Wives & Children , from Bondage & Idolatry ; wherefore before God , Angels , & Men , wee stand acquitted from , & do charge upon our Enemies , all the slaughters and devastations , that unavoidably accompany a Intestine Warr. Now therefore Wee do hereby solemnely declare & proclaime Warr against JAMES DUKE of YORK , as a Murderer , and an Assassin of Innocent men ; A Popish Usurper of the Crown ; a Traytor to the Nation ; and Tyrant over the People . And wee would have none that appeare under his Banners , to statter themselves with expectation of forgiveness ; it being our firme resolution to prosecute him & his adherents , without giving way to Treaties , or Accommodations , untill wee have brought him , & them , to undergo what the Rules of the Constitution , & the Statutes of the Realme , as well as the Laws of Nature , Scripture , & Nations , adjudg to be the punishment due to the Enimies of God , Mankind , their Countrey , and all things that are honorable , Vertuous , & good . And thô wee cannot avoid being sensible , that too Many have from Cowardise , Covetousness , & Ambition , cooperated to the subverting Religion , & inslaving their Country ; Yet Wee would have none from a despaire of finding Mercy , persever in their Crimes , nor continue to pursue the ruin of the Kingdom . For Wee Exclude none from the benefit of Repentance , that shall joyne with us in retreiving what they have been accessory to the loss of ; nor do wee designe Revenge upon any , but the Obstinate , and such as shall befound at this Juncture , yeilding aid & assistance to the said James Duke of York . And that Wee may both Governe our selves in the pursuit of this Glorious Cause where in Wee are ingaged , and give encouragement to all that shall assist us in so righteous & necessary an Undertaking : Wee do in the Presence of the Lord who knows the secrets of all hearts , & is the Avenger of Deciept & Falshood , Proclaime & publish what Wee aim at , & forthe obtaining Where of Wee have both determined to Venture & are ready to lay down our lives . And thô Wee are not come into the Feild to Introduce Anarchy & Confusion , or for laying aside any Essentiall part of the old English Government : Yet our purpose & resolutions are to reduce things to that Temperament & ballance , that future Rulers may remaine 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 , & infringe the Liberties of the People . And Whereas our Religion ( the most Valuable blessing Wee lay claime unto ) hath been shaken by unjust Laws ; undermined by Popish Councills , and is now in danger to be subverted by a Tyrannous & Idolatrous Usurper . Wee are therfore resolved to spend our blood for preserving it to our selves & posterity nor will wee lay down our armes , til wee seen established & secured , beyond all probability of being supplanted , and overthrown ; and untill all the penall Laws against Protestant Diffenters be repealed , and legall provision made against their being disturbed by reason of their Consciences , and for their enjoying an equall Liberty with other Protestants . And that the meekness & purity of our Principles , and the moderation & Righteousness of our Ends , may appeare unto all men ; Wee do declare , that wee wil not make Warr upon , or destroy Any , for their Religion how false & 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 no thing to fear or apprehend from us , except what may hinder their altering our Laws , & endangering our persons , in the profession of the reformed Doctrine , and exercise ofour Christian Worship . Our Resolution in the next place is , to maintaine all the just Rights & Priviledges of Parliament , & to have Parliaments annually chosen & held , & not prorogued , dissolved , or discontinued with in the yeare before petitions be first answered & Grievances Redressed . And seeing many of the miseries under which the Nation doth groan arise from displacing such out of the Number of Iudges , as would not for promoting popish & arbitrary designes , wrest & misapply the Laws ; and from constituting Corrupt , & Mercenary men in their Roome , on purpose to stretch the Laws beyond the Reason and Intention of them , and to declare that for Law which is not : Wee can neither with silence pass over the mentioning of them , nor should wee have peace in our selves , if wee did not endeavor to prevent the like mischeifes in time to come . For by meanes of Ill mens 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 , hath been wickedly eluded , to the oppression of Innocent & loyall men ; the Popish Lords that were Impeached in Parliament , for a most Hellish Conjuration , have to the subverting of the rights of the House of Commons , & trampling on the Jurisdiction of the House of Lords , been discharged & set free ; the imposing a malignant Major , & Sherriffes , upon the City of London by fraud & Violence hath been justified , & those who in discharge of their duty opposed it , illegally prosecuted & arbitrarily punished : London , & other Cities & Corporations have been robb'd of their Charters , upon unrighteous judgments of pretended forfeitures ; Sr. Thomas Armstrong executed , with out being allowed the benefit of a Tryall ; Collonell Algernon Sydney condemned to dye upon the deposition of one scandalous Witnes : And that loyall & excellent person the late William Lord Russell murdered , for alledged crimes , in reference to which , if all had been truth that was sworne against him , yet there was nothing that according to Law could have reached his life : Wherefore wee do upon the considerations a foresaid further declare , that wee will have care taken for the future , for debarring ignorant , scandalous , & mercenary men from the Administration of Iustice , and that the Iudges shall hold their places by the ancient tenure of quam diu se bene gesserint , and do leave it to the wisdome of a Parliement , to settle some way & method , for the approbation of such as shall be advanced to the degree & dignity of Iudges . And for asmuch as the invasion made upon the rights of Cities , Burroughes , & Towns corporate , in the seisure of their charters , whether by surrender , or upon pretence of forfeiture , hath been wholly arbitrary & illegall : Wee likewise therefore declare , that wee will to our utmost endeavor to see them repossessed in whatsoever they formerly had , & could legally claime before the late Usurpation upon them ; and that wee do esteeme all judgments given against them , & all Surrenders made by a corrupt & perjur'd party amongst themselves , null & void in Law ; and do hold & declare their old charters ( norwithstanding the new ones lately granted ) to be good & valid : And accordingly Wee de invite & incourage all honest Burgesses , & Freemen , to reassume the Rights & Priviledges , which by virtue of the said old charters belonged to their severall & respective corporations , and to deliver themselves from those Court Parasites , & instruments of tyranny , set up to oppress them . More over for restoring the Kingdom to its primitive condition of Freedom & safety : Wee will have the corporation , & militia Acts , repealed , and all Outlawries of treason , against any person whatsoever upon the late pretended Protestant plot reversed ; and also all other outlawries , banishments , warrants , judgments , imprisonments , abjurations & proceedings , against any other persons , upon any of the penall statutes made against Protestant dissenters , reversed & made null & void ; and Wee will have new Laws enacted , for placeing the Election of Sherriffes in the Freeholders of the severall Counties ; and for setling the Militia in the respective Sheriffs , and for preventing all military standing Force except what shall be raised & kept up , by Authority & consent of Parliament . And wheras severall Gentlemen , & others , who have been worthy & zealous astertors of the Protestant Interest , & laws of the Kingdom , are now in custody in diverse prisons within the Realme , upon most unjust accusations , pretences , proceedings , & judgments ; Wee do hereby further declare their said imprisonments to be Illegall , and that in Case any violence shall be offered to them , or any of them , Wee will revenge it to the utmost , upon such of our Enemies as shall fall into our hauds . And wheras the said James Duke of York , in order to the expediting the Idolatrous & bloody designes of the Papists , the gratifying his own boundless ambition after a Crown , and to hinder enquiry into his Assassination of Arthur Earle of Essex , hath poysoned the late King , and there in manifested his ingratitude , as well as Cruelty , to the world , in murdering a Brother , who had almost ruin'd himselfe to preserve & protect him from punishment : Wee doe therefore further declare , that for the aforesaid Villanous and unnaturall Crime , & other his crimes before mentioned , and in pursuance of the Resolution of both Houses of Parliament , who Voted to revenge the Kings Death , in Case he came to an untimely end ; Wee will prosecute the said James Duke of York , till Wee have brought him to suffer , what the Law adjudged to be the punishment of so excrable a fact . And in a more particular manner , his Grace the Duke of Monmouth , being deeply sensible of that barbarous & horrid parricide committed upon his Father , doth resolve to pursue the said James Duke of Yorke , as a mortall and bioudy Enemy , and will endeavor as well with his own hand , as by the assistance of his Friends , & the Law , to have justice executed upon him . And forasmuch as the said James Duke of Monmouth , the now Head & Captaine Generall of the Protestant forces of this Kingdom assembled in pursuance of the Ends aforesaid ; hath been , & still is beleived , to have a legitimate , & Legall right , to the Crownes of England , Scotland , France & Ireland , with the Dominions there unto belonging , of which he doubts not in the least , to give the world full satisfaction notwithstanding the means used by the late King his Father , upon popish motives , & at the instigation of the said James Duke of Yorke , to weaken & obscure it ; The said James Duke of Monmouth from the generousness of his own nature , and the Love he beares to these nations , ( whose wellfare & setlement he infinitly prefers , to whatsoever may concerne himselfe , ) doth not at present insist upon his Title , but leaves the determination thereof to the wisdom , justice , & authority of a Parliament , legally chosen & acting with freedom . And in the time meane doth promise & declare by all that is sacred , that he will in conjunction with the People of England , Imploy al the Abilities bestowed upon him by God & Nature , for the reestablishment & preservation of the Protestant reformed Religion in these Kingdomes , and for restoring the Subjects of the same , to a free exercise thereof , in opposition to Popery , & the consequences of it , Tyranny & Slavery ; To the obtaining of which ends , he doth hereby promise , & oblige himselfe to the people of England , to consent unto , & 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 the subjects of their Rights , or subvert the fundimentall Laws of the Government designed for their preservation . And Whereas the Nobility , Gentry , & Comons of Scotland , are now in arms , upon the like motives , & Inducements that wee are , & in prosecution of ends agreable with ours ; Wee doe therefore approve the Iustice of their cause , commend their Zeale & Courage , expecting their , & promiseing our Assistance , for carrying on that glorious work wee are joyntly engaged in . Being obliged for avoiding tediousness , to omit recounting many Oppressions under which the Kingdom hath groaued , & the giving a Deduction of the several Steps that have been taken for introducing & establishing of popery & Tyranny : Wee think fit therefore to signify , both to our Country men , & Forreigners , that Wee intend , a larger Manifesto , & Remonstrance of the Grievances , Persecutions , Crueltyes & Tyrannies , Wee have of late layne under , and therein a more full & particular account of the Unparralleled Crimes of the present Usurper . And Wee make our appeale unto God , & all Protestants Kings , Princes , States , & People , concerning the Iustice of our Cause , and the necessity wee are reduced unto , of haveing our recourse to Armes . And as wee do beseech require & adjure all sincere Protestants , and true Englishmen , to be assisting to us against the Enemies of the Gospell , Rights of the Nation , and liberties of mankind ; so we are confident of obtayning the ut most ayde & succour which they can yeild us with their Prayers , Persons , & Estates , for the Dethroning the said Tyrant & Popish Usurper . Nor do Wee doubt being justifyed , contenanced , & assisted , by all Protestant Kings , Princes , & comon Wealths , Who do either regard the Gospell of Jesus Christ , or their own Interest : and above all our dependance & trust is upon the Lord of hosts , in whose name Wee goe forth , & to whom wee commit our cause , and referr the dicision betwixt us & our Enemies in the Day of Battle . Now let us play the men , for our People , & for the Cities of our God , and the Lord do that which seemeth good unto him .