ENGLAND's Appeal, to her High Court of Parliament; Against Irish and Scottish Evidence. My Lords and Gentlemen, IT is your Country, your Native Country that Appeals to You; It is you only that represent your Country, and are the Pillars of it, who can Redress its worst of Grievances; and worst of Sins. Wilful Perjury, and secure to its Subjects their Lives, which next to their Religion must be certainly most Dear, Let them Live if only to Enjoy the benefit of that Religion, and Liberty, you have so dearly Purchased and Established for them; and leave not Men of Honour, Estates, and Fortunes like yourselves, (and who we see by Young's Association to be also liable) to he Sworn out of their Lives, their Fortunes and Estates, by the Perfidious Breath of Managed and Confederate Miscreants, who are ●●ly a sort of more Monstrous Cannibals, that not only make a Meal upon the Man; but devour at once his Family and Inheritance, Wretches in this only to be pitied, tho' not pardoned, that they are half famished before into the Villainies they commit, and stolen from the ●●als and Gibbets, to bring the better sort to those Halters and Dungeons from whence they are unluckily escaped, or designedly manumitted. Among Foreigners that once envied us, 〈◊〉 was called the Ringing Island, and mainly indeed did we Troll it away in Peace and Plen●● and destroyed the pleasantry of that Appellation; till that fatal Period in 78. That 〈…〉▪ Aera, of Irish Oath and Affidavit; since which, we were turned into the Hanging 〈…〉 have Rung indeed, Changes, and the Round, but in the Blood of one another. 〈…〉 ●ells seemed to stop while we only made use of the Ropes; and as if there had been no 〈…〉 ●●rs in England: but that of London or Tyburn; and so we have continued ever since 〈◊〉 presbyterian, Church of England, all 〈◊〉 the same way; and God know● when this 〈◊〉 of Blood, of Innocent Blood will be ●op ● unless the Wisdom of this Parliament will ●●●nly limit constructive Treason, but take some c●●●se to prevent instructed Evidence, and to suspend the Axe a while with the Halter. What comfort can Englishmen take in all those Blessings and Benefits You procure them, in the Laws which You make, in the Liberties which You contend for, in the Religion that is dearer to You than Your Lives; when your Lives are in Jeopardy every hour, and when with St. Paul also, after the manner of Men, we are put to fight with Beasts, Irish Welves, (or that is the more devouring Animal) Irish Evidence: The Romans n●er exposed their ●●serable Spectacles so naked in their Amphitheatres as we Christians do o●● another to worse Monsters: They allowed them Dagger, Sword and Target; when a baited Prisoner at a ●at a●ack'd by a Couple of Confederate Ruffians of the Mouth. shall be bl●● 〈…〉 the very Eyes of these Basilisks, and swallowed up whole by the 〈…〉 euchre of their Throat; who like David's Euemies, stand staring and gaping up 〈…〉 the Enemy of us all, the Devil, go about seeking whom they may devours 〈…〉 ●●ing ●●soner in this manner beset, as if not only the Goal, but Hell itself were ●et 〈…〉 ●on him, shall 〈◊〉 denied a piece of single Paper or Parchment, the bore 〈◊〉 Indiction 〈◊〉 for a ●●ield or Buckler; and to hear it by Lawyers urged in a Cour●● of J●●●e, that 〈…〉 Practise of the ●●te Reigns made it Law, looks like a Libel, and an 〈…〉 of 〈…〉 s●●t Power, that is set up; and set up purely to redress the Grievances of th● 〈…〉 which pretended not to redeem us from Law but Oppression. The Kings of England have advantage enough (on these occasions) besides, by the Learning of their Judges; The Eloquence of their Council (many times mortal and kill enough) and above all (as the Case stands at present) (or the Practi●● for which there is no Law) (by the Prisoner's Evidence being not sworn against the King. An unjust; and partial process, and unworthy of a Court of Judicature, and in no Country used or practised but in our own; for an honest Jury we found, when imposed upon by a Couple of Perjured Villains commonly lay more weight upon what is Sworn upon Oath than testified without it, though by much more honest Men than the King's Evidence have happened to be; and this we are afraid some poor innocents' have sadly experienced. We know our Judges sometimes in seeming favour to the Prisoners, recommend to the Jurors the weight of their Evidence unsworn; but that, (where the King is concerned, more especially in High Treason) is commonly so coldly done, that it seldom has its due weight, as wanting the Corroboration of that Oath by which the King's is Countenanced and Confirmed; and therefore 'tis time to give Prisoners favour and fair play, and as much time as the Court can possible, which my Lord Coke, again and again says in Case of Life can never be too long: and especially since false Swearing them out of their Lives is grown a Crime not lesle common, than notorious, as customary, as if it were a Custom-house Oath, or Entry; and a Bill of Indictment for High Treason is not more regarded by these sort of Jurors than there a Bill of Loading or Store; and indeed considering the Lives and Estates that lie at stake; these Affidavit Teagues, or Irish Adventurers that truck for them, have this common with other Merchants and Incorporated Companies, that accordingly their Actions rise and fall proportionably to the Wealth and Cargo they bring to the Bar. This than Gentlemen, being the Case, (as certainly so it is) This Case is no common one that comes before You, no Case of Tradesmen; Mechanism or Manufacture, no Case of the Surgeons or Physicians, tho' a bleeding Case of the Nation; and what You, only You can staunch, stop, and Cure; It respects no more particular Parties than Persons, for such has been poor England's misfortune; that some of all Parties and persuasions have been sacrificed by these Bloodsuckers, these Bogg-Leeches, since they crawled into English Ground; and though Popery here is as hateful as an Irishman, I am afraid some Innocent among the Papist led the Van in this Akeldama, this Field of Blood; and that by some of their Irish Countrymen and Religion, as well as by some of ours that were of no Religion at all; next to these marched (to make the Body) those that were called fanatics; who followed the same way to Golgotha, to Tyburn, that place of Skulls; and now some of the strict Church of England Men (as the Jacobites and Non-Jurors think themselves) have been favoured so far by these Monsters as to bring up the Rear; and by a Courte●ie like that of Polyphemus, are come to be devoured at the last; and this is the way indeed to make an Army of Martyrs; but neither from the Justice of their Cause, or the Favour of God Almighty to so many injured Persons. The Malice of these Diabolical Men, their Accusers has been openly detected, and as signally defeated, in about the space of one Year, in two or three of the most flagitions Conspiracies to take away their Lives, as ever was offered among a Christian people; and what an Infidel would not only blush at, that believes there is no God, but hung himself for the Gild of so much Injustice and Inhumanity; and those that have the greatest Aversion to their persons and principles must admit this for a Truth and matter of Fact, too notorious for any of us to give them the Lye. That these are no Invidious Reflections we shall confirm in each Individual party, by so many Matters of Fact, and than only endeavour to enforce the reasonableness of redressing these miserable Grievances, from the practice of most human Laws; from the practice of Old England's Laws, and the plain direction of God's Law, the most Divine. And first, to begin with the Popish Plot, for we have had such varieties of them in England, that we are grown a Jest by it to all Foreign Nations, for 'tis well known abroad, that when any Wits are disposed to be Jocose, and ridicule any unaccountable and ridiculous Discovery, they can found no pleasanter Appellation for it than, Une Plot d'Angle Terre; and this though in French is the Language of most other Countries. That there were endeavours by Mr. Coleman, and some of their Popish Priest to subvert the Established Religion, and introduce their own (which could not be done without overturning our Constitution, which in them was Treason (whatever Mr. Coleman * Coleman's Trial. p. 17, 18, 20. thought to the contrary) not modest Man can doubt even of a Papist that has read his Letters, and for that he deserved Death; and the Wisdom of that Court to which we now appeal, did upon the perusal of his Papers, Vote it a Formed Conspiracy, more than upon any Testimony of Mr. T. O. but whether T. O. had a Patent to open Letters, in which Coleman called the King Tyrant and Traitor; and were privy to the Guinea that † p. 2. 4. Coleman gave to Expedite the Ruffians to kill the King? Or whether he that had Coined so many Letters for him, could not remember his Face by * p. 30. Candle Light; or could well in Council declare upon his Oath he did not † p. ibid. and 38▪ know him, he was to hung; This may make the Testimony somewhat suspected while the Conspiracy is out of doubt; and that Bedloe, which also swears he had carried several Letters also from him, and discoursed him in * p. 43, 44. , should be so forgot by him, as to make him take it to his Death, he had never seen him in all his life; this may detract somewhat from the Credit of the Evidence without injuring the Justice of the Nation by which he did, much lesle lessening the belief of their Design to introduce their Religion: And the several Jesuits that succeeded him in their Trials and Executions, and were probably embarked in the same Design, which as well as Coleman they did confess they had endeavoured to promote, (though they were pleased to think it no Treason to propagate their Religion) yet all with their last Breath and Imprecations denied the measures by which it was Sworn they had endeavoured to compass it. Their Dying Protestations must startle many a good Protestant when he looks upon them. But as a Christian, and that in spite of all the severe Comments and Expositions of our Eminent Divines, our 'Tis, and our She's, Bts, and Pat's, upon the Loyalty of the Papist, and the equivocations of the Jesuits, which they did not than think they should have occasion to practise: Their Plot upon our Religion, we say, was very probably true; but whether the Circumstantial Evidence were all so, we think yet remains a doubt, and indeed * Jesuits Trial. p. 23, 24. the Forty thousand Black Bills; the Commissions from Paulus de Oliva, the Monk of Coleman's Trial. p. 23. the Pilgrims from Spain; The killing the King with Silver Bullets, poisoned by Chewing; The thirty strokes on Pickering's Bum for failing in it, seem such a mystical Roll of ridiculous Absurdities, as if they had been testified for the Diversion of the Court, rather than as Evidence for the King, yet all these we found liberally sworn; as for our parts, we are really discontented at any honour or kindness done such an Evidence; In God's Name let Oats and Keeling, both enjoy their Annual Pensions together; no man, I believe, will envy either of them their Salaries not further than it may encourage worse Men to aspire to it at the Price of Blood; which if Mr. O. be guilty of, let him know that by all the Laws of God and Man, 'tis what all his meritorions Sufferings have not yet expiated. But the Case that comes nearer to the Case in hand, and upon this head; is Plunket's, A person that seemed from the Character he had from Eminent Protestants in Ireland, of no such Intemperate Zeal, and to have but little other Crime; but his being a Priest of the Church of Rome; upon which Act they had better Indicted him. The Trying of him here in a foreign Country though by an Act of our own subjected to our Jurisdiction; and that after he had been legally acquitted in his, where though in their own Ireland his Evidence were ashamed to show their Faces in a Court of Judicature; The exposing him here naked, and as he told them with his Hands tied; The denying him ten days time after his Evidence were upon the Road; and though our Lawyers were n●t pleased to answer him to that Point of poinding's Act; yet that (by their leave) which they gave to that Objection of his being twice Arraigned for the same Fact seems very insufficient and weak; for I think Arraigment for High Treason puts a Man in danger of his Life with a witness, especially the time and circumstances the Prisoner was in, and such Witnesses to worry him; for if a Man shall not be in danger of his Life, till he is convicted, than he is never so at all, for after Conviction, he is worse than in danger, and as good as gone; For though the King may pardon, what is an extrajudicial thing; an Act of Grace, and foreign to the Trial; and to see what Creatures they were that appeared upon it to testify against him, or Take the Swear (as they phrased it) would induce a man to believe a little better of T. O's Fellows, that seemed to be raked out of their own Irish Bogs, and whom even their own Dispensing, Latitudinarian Religion had spewed out of their Church; fitter to be carried out with our Night Weddings, than wooed as they were (about that time) first to come over, of which Lousy Cattles we would have afterwards been gladly rid, but the Nation was overstockt; and so the Plague and Murrain has continued with us ever since; and have produced a Race that are like those filthy Creatures that crawl out of Mud with all the Toad-pole train that are Generated out of Slime and putrefaction; and what work was made with those Macwyers, Macmoyers, Frogs, and Friars, with their Duffy's and Mouffy's; let any sober Protestant but consider; the latter of which gins in a right Irish Dialogue † Why look ye Plunket's Trial. p. 80, 81. Masters, I am first Discoverer, I▪ should have ten Witness to the Doctor in Ireland, these Witness (I▪ should am sorry) done't know him, and so testifying forward and backward, and at last nothing at all, but that I'sh am indifferent whether I'sh be Papist or Protestant: If any one doubt this, let him take the pains to turn to it, insomuch, that the Court, as grave as it was, could hardly contain itself, and though it was urged by them against the Prisoner, that this their Witness they brought for the King had been tampered with (which Plunket might as well and have better objected) yet it showed what Cattles they had gotten together to gore Men, who could testify forward and backward; and take the Swear, as a Spaniel takes a Stick, according as he is taught and tutored. Lewd Irish, Popish Priest whom this Titular Prelate for their Immoralities had censured as himself said, and Excommunicated, and it must be great Crimes we know that Church won't Absolve: Here we found the Macleghs and Phyloneals, etc. Landing the French for him at Corlingford, one of the most unlikeliest Ports of Ireland; up the Bristol Channel, and dangerous Irish Sea, quite out of their way, 70000 Men to be secretly Raised and maintained by the Poor Titular Prelate, with a little bore Sustsistance-Money squeezed from a Parcel of Lousy, Beggarly, Popish, Irish Priests and Curates; a Feat not so easily to be Effected now by the best Lieutenant we could sand thither with the largest Commission; and Landing all the French Auxiliaries in a shallow Water where a Man might as well set an Army a shore in an Eggshell, This (to use the Prisoner's own words at his Death, would not more have been believed by any Protestant Jury Ex vicineto, (and as by Law and Confession to his Case it aught to have been (i e.) upon the place) tho' himself had confessed it, than if he had sworn he had flew through the Air from Dublin ●o Holy-head; and if a Man does seriously consider it, to give only a matter of a Months or five Weeks time to sand to Ireland, cross the Sea to search the Record of five or six Counties as high as Ulster, to be denied them till order from England, to return cross the Seas against Wind and Wether, and under the Difficulties that Popish Recusants than especially were in travelling abroad, and than the refusing but ten days Respite when the Witnesses were on the Road; Certainly these were no such wondered Acts of Favour or Justice to a Person upon his Life, and when all this, after he had been acquitted by a Protestant Jury of his own Country, the best Judges of the Veracity of the Deponents, the Circumstances of Truth, and Human probability, 'twas hard to be Tried and found Guilty by Foreigners, who from their strangeness and distance, must needs be exposed to the delusions of a probable Lye. And had the angry Sir Robert Arkins, with his uneasy Mr. Hawles in their learned Essays been but as impartial in their Writing as they were Writers for a Party, certainly this Trial also, could never have honestly escaped their Animadversion. but now the one being a Judge, and the other (as we hear) King's Council, 'tis to be hoped we may never have occasion to found fault with any future Trials. When these Irish Rakehells had almost run themselves out of Breath in running the Popish Party into Newgate, and out to Tyburn; after a little rest in their Kennels, these Hellhounds are out upon the Hunt again, and start another sort of Irish Game, and with full Scent and full Mouths drive about what they called the Fanatic Party, that before had driven them on upon Papists: And so College was first singled out among them for a Prey, who had been a busy Man among them at the same Sport; and now like another Action without the help of a Metamorphosis, came to be devoured by his own Hounds. A person Hot and Choleric, bold and Turbulent, and being of Natural Parts above his Calling, aspired to Intrigues of State, and concerted Matters of Government with these Carrions your Witnessmongers, and Narrative-men, that made him pay dear at last for his Correspondence. Upon the whole an ill Man, though▪ made a Martyr, and from his Principles might probably have justified the Decollation of King Charles though First with the Parliamentary Proceed that occasioned; as Mr. Masters swore upon him. A Doctrine that in those Days the Court could not digest so well; General Ludlow had not than appeared in Print; and little was it thought that College, that Stephen would have come to be a Martyr at White-hall instead of King Charles; However the proceed against him might have been lesle violent, and if the Proof against him were not so credible; to have pardoned him after Conviction might have been more plausible; But that he was to Charge the Guards, Seize the King, kill him with his own Hands, with all the Canting Extravagancies of your B●lrons and Mowbrays, Smiths or Barrys; Haynes and Fitz-Geralds. His Popish Irish Beagles that devoured him. This indeed does not seem at first sight so plain and conceivable; as plain as it was sworn. And from this flight of Evidence against this Party; let us look a little upon another piece of Witnessing, as lame as the other was mad; in this selfsame Presbyterian-plot. The Two Honourable Houses have seemed so much dissatisfied with some of the Evidence that was given against the persons that suffered for it, as to Repeal some of their Attainders, which may be conceived to be a Tacit Conviction of some of the Evidence being plainly perjured; and indeed we must acknowledge, that among some of these Cases of suspected Swearing, Mr. Cornish's would bear a little canvasing, For He, tho' several times Attacked for having been present at the Consult, and taken into Custody so often, insomuch that Mr. Atterb●ry and the Alderman were grown very intimate, so far as to be very Jocular and pleasant with one another upon the repealed occasions of his coming into Custody, and the Accused thought himself so safe or Innocent as to keep the Exchange, from whence he was at last co●n'd for good and all; upon Goodenough's being brought in from the Western Insurrection in an ill-time for Him, a Person that might be presumed to own him an Ill-turn, where yet what he swears does not seem so Trensonable or True to have justified so precipitous a Trial: And R●msey's having sworn at the Lord Russel's Trial, That he came in himself after the Declaration was read, is indeed a Contradiction to his being present at the reading it to Cornish, and his declaring at the same Trial, that he knew of no other Person besides what he had accused, and accusing the Prisoner so long after (under favour) will not be excused from wilful Perjury from a desire he had of favouring the Prisoner; for If he had perjured himself to save Him, as he very fairly tells the Court; the Judges sure aught to have judged him a lesle credible Evidence to hung him: And tho' the Print might have past had they been pleased, yet the Record of the Trial which he aught to had time to produce must have been manifest proof of the Perjury: and Mr. Shepherd's denying absolutely his being of the Consult; denying utterly that he held the Candle, which yet the Evidence circumstantially swore was as much as could be offered to the making him forsworn; or be brought an Evidence that is not upon his Oath; unless we could imagine that Rumsey was more sensible of the holding the Candle, than Shepherd that he swore did hold it; and from this unhappy Man's Case perhaps it might well become the Wisdom of a Parliament, to add to those wise Laws we have already (especially as we shall show there is no Law against it) That advantageous one to the Lives of the Subject; to have his Evidence sworn as well as the King's, that it may have its due weight with a Jury, and not be born down, by the downright swearing of another. My Lords and Gentlemen: We would do Justice to all People and Parties, as it is from You the Nation in this Weighty Point (not lesle than Life and Death) does expect it. Come we now to that other Party of the Church of England Men; among whom the Jacobites and Nonjurors, who (we don't know upon what secret Considerations) look upon themselves the purer Part of it, and almost all the poor Remnant God has left of the Church of England; We promised you to show how Hanging and Swearing has gone fairly the Round; and now you are come to see How every Dog has his Day, though it be to die in a Halter; and one would think it should be time now to compound and agreed upon the Matter among ourselves who have one after another gone all the same way, if we must again take another Turn, and go the Round, and some of this or that sort be singled out to die; Decimation, Martial Discipline, will do better than such Mockeries of Judicial process, attended with a Force of such flagitious Evidence: The Dices and the Drum will better befit the Cause on such a Stage of Justice, than a formal Tribunal, and than the Prisoner will be sure to have a Cast for his Life, or if such bloody Villains are worthy of their Salaries, Butchers will have a better Right to put in for their Pensions, and than Service need not be so secret: We have seen Gentlemen what Irish Evidence have done; we had no need certainly of more Cunning, and false ones to come from the Scotch to try what finer Feats your Lunts and Loons could do; and how the Mac●'s and Teagues could be outdone. But yet let us see what a new Set of Harpys would have done, had not the Almighty been the only Hercules to subdue these Monsters; and certainly no Animal has a greater Agreeableness to these Creatures than those Birds of Prey, who not only come to defile those Tables that feed them, but devour those that give them Bread. Pardon Gentlemen this Intemperate Zeal since designed for Your own Safeties, and the Service of the Public; 'tis time to look to this Impending Mischief, High time for yourselves to do it, if you value not only Your Liberties of Debate but Your Lives, by which all our Liberties are asserted; For such Hellish Plots can as infallibly blow up an House of Lords or Commons, as ever could Guide Fauxe, or the Gunpowder; and let these forewarn You, as much as the Letter to the Lord Monteague; for 'tis but such Varlets conspiring against so many Members, and the most Eminent Patriots are at the mer●y of these Cannibals: 'Tis well known how the Parliament in the late Reigns was Alarmed with the mysteries of the Meal-Tub, and the unintelligible Plot of that Irish Harpy, Fitz Harris: And pardon us again, if we put you in mind that the same sort of Vultures have taken a flight not long since at the same Quarry; and if those Members on whom Young made his villainous Attempt, do not move vigorously for the Detecting the Depth of his villainy, and for Enacting such Laws as may terrify such Villains▪ they are unworthy of that Mercy by which they are preserved, and Contemners of that Providence they aught to Adore: The B. of Rochester, Earl of Marlebourough, Lord Cornbury, Sir Basil Firebrass, are all Members, as we think, that make a part of each House in Parliament; Let them Remember the Flowre-Plot, that aught to s●ink in the Nostrils of the Nation; and as little as it looks, is deeper than the Meal-Tub, Let these Gentlemen be glad they are alive, Give God the Glory, And keep each Man his Anniversary; and if they do not now look to preserve others; they do not deserve his Favour by whom they now live, move and have their Being, but to take them in their Order. The Plot of that Infamous and Flagitious Fellow, Fuller (pardon us if we give him his Title, from a Vote of the House) is no stranger to your Walls; and how many of Quality and Virtue he would have singled out, and that perhaps among Yourselves, is yet unknown; Give but once half the Encouragement for the finding out these Rogueries that they have for carrying them on, and You'll found this Confederate Evidence as ready to hung their Benefactors; and 'tis a Blot upon the Honour of the Nation not to do it; And to the Honour of both Houses be it spoken, after this infamous Wretch had filled the Parliament and the Nation with the Noise of a Plot, which than was Forming its self in the Clouds, the black Forgery of it was by Your sifting Sagacity, and prudential Inquiries soon discovered, and the perfidious Fellow by Your Justice Ordered to be prosecuted, but unless the Fosterers of these Vipers are found out, and some other Punishment than the Pillory (which is only putting such a Snake to peep through a Hedge) We warm that in our Bosom that will certainly sting us to Death. As this was a Plot in Embryo we miscarried of, come we next, gentlemans, to another of the kind, but more Enormous Villainy; midwifed into the World at its full Time; but as God would have it, Dead-born. The Bromley Association, Had my late Lord of Shaftsbury been another such, 'tis to be hoped we might have had better Laws before now against such Treacherous Conspiracies. Consider, Gentlemen, if not our Cases, yet your Own, and by some severe Sanctions preserve Yourselves against this so Sacrilegious a Sin as Wilful Perjury, that robs God of his Honour, and Men of their Lives; Consider in this Case before You Three Temporal Lords, and Two Spiritual in all, Five Lords, and Two Commoners; (and the same Hand, had it not been spied, might have Associated so many more Hands) brought in the greatest peril of their Lives, and what they had actually lost, had not providence visibly interposed) by the Machination of a couple of Varlets and Diabolical Conspirators; that since Judas his days never had their Equals, and which Pror●tyne and Ps●udo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (bating but the preciousness of that Life against which he Conspired) These Villains have transcended, for that Primitive Apostolic Witness had some Remorse with him, confessed he had sinned in betraying Inncent Blood; brought again the pieces of Silver, and went and hanged himself, to show to Posterity (that though the Sanhedrim said, they had nothing to do with That, or what is that to us) yet before God the Price of Blood, the selling of Innocent Blood, is DEATH; who for want of better Justice on Earth made the Wretch his own Executioner; So that God in this very Instance has made it capital by the Evangelical Law as well as the Mosaical;) But our Young Judas here so far from Repentance, that after the clearest proof of the blackest Contrivance, the obstinate Rogue perseveres in his Villainy; and after he was lost in his Blockhead, suborns an Holland and a Law to defend a detected Imposture. The Villainy of this homed Contrivance, and the infamy of the Person, that coined it on, is sufficiently set forth by the Book of the Bishops; and 'tis no such pleasant employment for us to take Hell again and the Kennel, and had that forged Association been lodged in any other Flowre-Plot but where it was, the Messengers being directed, must certainly have found and met with it. And the miserable Gentlemen been as infallibly lost, and the interposition of Providence very observable to turn their very Exposing it in so public a place as an open Hall to the very means of concealing it from the Searcher's Hands. But after all that fervent Appeal of the Innocent Prelate in behalf of himself and Fellow-sufferers; for Justice and Prosecution, for Enacting adequate punishments (if it were possible) to such improportionable Crimes, are not both these Vipers suffered to escape, Young only like an harmless Robin or Read Breast, with a Paper Ruff about his Neck, or wooden one, and Blackhead without the lest Punishment at all; we have that veneration for our Court and Ministry, as not to think them concerned in such unconscionable Proceed; yet it will make some severer Animadverters apt to reflect upon Robert Young's being known to be such a very Rogue for six months, for an half Year before, and yet his flagitious Forgery to be so easily entertained, so long after; and it might (on this most horrid Roguery; been expected from our Government that pretend to unravel the Mysteries of the Last and rectify its irregularities; that such a Perjury and Forgery should have been as severely prosecuted as any of those Crimes were in the Reign of King James; We mean nothing lesle than Oats' Discipline upon his Recorded Conviction, let each one judge of that according as he ●ancies his Sufferings either the Resentment of the Court, or the Justice of the Cause; We wish we could but have seen that Justice done on these Goal▪ Birds that was shown in that so blemished Reign of King James, on a lesle Enormous Malefactor, both Houses of Parliament, to whom we appeal were all Wetnesses too of Sh●xton, s confuted Evidence on the Trial of the late Lord Dellamere, and all the Town can Witness he was scourged for it beyond T. O. though short of Tyburn, and of which if he was not, we are sure he was reported Dead. The security indeed of the Discipline shows that the design was not so deeply laid among the Great, or else this Little fellow durst not have been so severely handled; what may be gathered from the gentle treatment of these more wicked varlets, we leave to the wisdom of the Highest Court to determine: And one would have thought that after Hell having broke lose, and so many Innocent Souls preserved by the mere providence of Heaven, some course should have been taken to shut those Gates of Hell; that they might never again have been able to prevail; or these Devils; to have been so far muzzled that they might not thus gone about seeking whom they might devour, but alas to our shame, and the Reproach of the Nation and Christianity; (which should it be told in Gath, and published in the Streets of Askalon, would make the Philistians rejoice, and the uncircumcised Trimph; Turk's Tartars and Mahometans take us to have been bred on the Coasts of Barbary) The Animadversion on these Villains has been so much Negleg●ted. That another, the very Cub of the same Dam has been Midwifed into the World in LANCASHIRE; That if all the Witches that County is said to have produced, had met in Consult for the destroying of Innocent persons; they could never have thought upon a more malicious or murderous Invention, As first an Essay to the swearing so many substantial persons out of their Estates for the false Alienations of their Lands, and when that mystery of Iniquity was laid open, to attempt their Lives and Estates together. 'Tis hard that those that are Sequestered to the Government, should not be suffered so much as to Live; We are loathe to say, had their Lives been lost where the blood must have lain; and their Death had been unavoidable, had not the poor Gentlemen been able to describe the Hue and Shape of these Monsters, and we hope it may Come to Light who licked them into Evidence, * Vid. Albert Gent. S● Universitas negligit Emendare illaqueat ipsase: Grot▪ the J●r● Belli. Z●uch de Jure feasible Part. 2 d. Qui non prohibent Jubent, & Tenentur, is a Maxim in the Civil-Law, In our own Law, and in the Law of God; There was notice enough given of this profligate Evidence in Print, that our Ministers needed not have disparaged the Good Government so much by bringing them on the Stage, but since so many Innocent Subjects are brought in Jeopardy of their Lives, It is but fit such a Villainous affair be brought before a Parliament,▪ 'tis the D●rnier Resort, the last Refuge Englishmen have when their Lives and Estates are both so barbarously Invaded; and how out True Punys and Empirics in the Politics come to be so f●r infatuated; after so signal a Defeat at Bromley, to set up their Stage again at Manc●esie●, is as amazing as the Horrid Perjury of their Knights of the Post, who have nothing to match Theirs; but the Confidence of those Mountebanks, who; after they have Notoriously killed in one place, yet Impudently set up in Another. We can't but look upon this pestilent pack of setters (for whom we aught to set 'Gins and Traps, as they do for Vermin and Polecats) to be but a sort of BARRETERS for the Public, to set the Government and its Subjects in perpetual Animosities, while they Run away with the Moneys of Both; And defame the Government more than a Common one does the Country Corporation in which he resides; and since the * Vid Coke 1. & 3d Inst. c Bar. 78. Law where it only related to Litigiousness is so severe, what aught it to be where Life and Estates are thus Barrated away to the shame of the Commonwealth, and Common Christianity. If our Ministers are touched with Remorse for what is done, or what by Flagitious persons has been imposed upon them; let the Innocency of the Arraigned make as great a Noise as their Plot, and their deliverance be published as lo●d in their Gazettes as would have been their Conviction. And 'tis to be hoped that their Judges who some of them have had the Reputation of Learning and Loyalty will secure some of these Ruffians; for his Majesty's Service, and the Reputation of our Laws and Constitution, as the best means to make amendss for the Disservice that is done him in his Absence. My Lords and Gentlemen. THE Manner of this second or third Essay to Judicial murder must all come before you, of which you are to take Notice as you will answer it to those Powers upon which the Prisoners Put themselves to be tried, That is, God and the Country; and where they proved such a Villainous Conspiracy for taking away their Lives, even to the Astonishment of Judges and Jury, and satisfaction of all good men present, who to their Immortal Honour partook in their so signal a deliverance; That nothing lesle than a public Act of Terror and Infamy can be passed upon the Conspirators, unless we have a mind to defame the Constitution. Consider but the Creatures that Crawled into Court to commit Murder in the very face of it; and the Rest of the Cabal that would have appeared, but being Characterised, or more cunning, kept behind the Curtain. In the first place your Dandys must appear, one that has given the Papists an occasion to value him for his Apostasy (that honoured their Church by relinquishing it, to Disgrace ours by his Conversion; and after this piece of service, it would be well if we could return Him; and just so were we credited by our Converts before in the former Plots: and should they serve their Setters as their predecessors did College, and some others, who can help it? In the next place, [that Priest of all Religions,] (which God forbidden) would be the same; Comes in one Kingston a staunched Church of England Divine, whom in kindness (since Dandy comes over to us) we aught to sand to them; In a word, the very Counterparl of Robert Young; Forging sacrilegiously his own sacred Orders, proved from the Registry at Bristol's one of Robert's Brethrens in Polygamy, and if Sir S. A. be to be believed, The Bankers in Lombardstreet will as soon trust Robert with their Cash, as the Banker of the Kings-Bench will Kingston with his Coin. And after these Defeats, should this blessed Pair meet in Consult or Partnership, their Joint-Stock is enough to break the Nation. In the next place we come to our Lunts the lag Poligamist, Cousingerman to the two Spiritual ones, a lousy discarded Coachman; with your Ombrals or Whombrals, a Rascally Carrier; both Carrier and Coachman all driving to the Devil, whom yet the Devil drove: Let but one of these Scotch Evidence (as some of thom are said to be) but feel a little of their own Bo●t or Thumkin, The Deel● will they or their Irish Associates take the Swear again in England, and what will be an infallible way to squeeze out of their Knuckles and Fingers ends the bottom of all the Villainy, and the Top of all their Accomplices; such a Scottish Boot will very well become the Evidence that carried of one of the Gentleman's Gold in the Leathers of his own. And the ●humkin a proper Instrument for the Fingers of a Priest that ●orges Orders; and I hope it is time to make Wretches know themselves, that swear against those they do not know; and so let these be the l●st of such execrable Villains that are not hanged. Let it be but considered what a Tool such a Fellow as Lunt was to go to work withal for the taking away Lives; Lives of Value, by his most contemptible Breath; And 'tis to be hoped his Confederates have burnt their Fingers, now they have found their principal Evidence burnt in the Hand; branded upon the Record of the Court for stealing of Bullocks, proved ex confesso to have Robbed on the Highway, Indicted for having two Wives, and what never yet was heard or seen in a Court of Judicature; Evidence that came to swear High Treason against a Person he had never seen in his Life, nor so much as knew from all the rest that was in Court, I think the Villain Lunt has outdone what no person of probity ever thought on this side Hell could have been so much as matched Blackhead and Young, who never pretended to swear before they were acquainted not only with the Phys and Faces of the persons, but also their Hands and Writings; whereas this audacious Varlet swearing he delivered Commissions severally to these Gentlemen at the Bar, they severally Read them; that they severally gave him Five pounds apiece; yet being ordered with one of the white Rods in Court to point at Sir R●wland Stanley, very fairly singles out Sir Will Clift●●, and this a Blunder at Noonday; and not like Oats to be excused by Candlelight: 'Tis pity but such a Rogue should meet with his Rowland for his Oliver, for we dare be bold to affirm, that since that Usurper's Days there were never such horrid Conspiracies formed for the taking away Lives; and Wilson proved to have received the ready Rano Money for encouragement; certainly if piety and Justice are not Abdicated too, The Wages of this Sin aught to be Death. The Threaten of Brereton to have the Lives of some of the Prisoners proved in open Court; a most fervical way of Revenge; A Stilleto of Poneyard might have done as well; but the Devil owed the Evidence a Spite, and so tempted him to add Porjury to his Murder. After all to clinch close the Nails in this murderous Machine improved beyond all what the War has yet produced, was provided a Gentleman called Taff, who was as ready to have sworn himself the Count of that Name, but that Vienna was little too far of from M●nchest●r; but here True Teague appeared; for with his working and witnessing after his Irish way, all the Mystery of Iniquity came out, and the most horrid Conspiracy to Sacrifice so many Innocent Souls to the Amazement as well as Resentment of the whole Court and Country, Insomuch, that even Aaron Smith, that experienced Muster-Master of Plot and Affidavit, that understands, we are sure, what it is to swear and be sworn against, and all that relates to Popish, Irish Evidence and Conspiracy, was astonished at his flight, and sublime. So transcending all the former Villainies he had seen; (or to his honour been concerned in, and (to supersede even the shamming the Discovery.) All this deep Design laid so open as those Graves they had digged for the Prisoners, and so black as that Hell which gapes for the Evidence. My Lords and Gentlemen: WE have laid before You a great deal of horrid Fact, but yet not more than what is Matter of Record, and what every Member of You will found verified beyond Contradiction, and all the Aggravations we can use, can never represent these Villainies more odious than they are to God, and should be so to all Men; and therefore 'tis time to show here how by the Laws of God and Man they are to be punished. First for the Warrant from the Law of God, we need not go so far from the Text as to Appeal to the Dialogue, and God's Express Command in the case of Murder; That he that sheddeth Man's Blood, by Man shall his Blood be shed; and (again in another place) He shall surely be put to Death; Thou indeed this way of killing is not so wide from downright Murder; and only more propense and malicious, which our own Laws have the greatest regard to punish, but God expressly commanded the * Deut. 19 18. 19 etc. Jews in these words: That their Judges should make diligent Inquisition, and if the Witness be a false Witness against his Brother, than shalt thou do unto him, as he had thought to have done unto his Brother, thy eye shall not pity him, Life shall go for Life, Eye for Eye, Tooth for tooth, etc. and in another place † Prov. 19 9 False Witness shall not be unpunished, and he that sweareth Lies shall perish: But to go further yet with God's Judgement more severely denounced against such Reprobates Equivalent to the Romans Julian Law in punishing of Regicides by rooting out the whole House and Family, and who till the Lex Poma a long time had no Law for that so unnatural a Crime of Parricides, because they thought could not enter into Man's Heart to commit it, and I could wish that had perjury been the Reason, and no State Policy, that we have wanted a new Act so long for Perjury; but as the Romans ordained in Regicide, so has God also denounced in this Fratricide, and even in lesle heinous Perjury, if it has any Gradations; for by the Curse of the * Zach. v. 4. flying Roll he has pronounced the Destruction of the whole House and Family▪ and declared, that it shall enter into the House of him that sweareth falsely▪ and shall consume with the Timber and very Stones thereof; and that this Capital Punishment was inflicted on these perjurious Offenders as well as denounced, we need go not further than that well known Story of Susanah, and her two Perjured Elders, There was what our Law calls a Villainous Conspiracy, and deserves, as my Lord † Coke 3 Instit. 66. Coke explains it, a villainous Judgement, and we think that aught to be to forfeit their Lives; and the best Reports are to be read in holy Writ: and 'tis here in this Case you found that as soon as they were Convicted, the Text tells us, according to the Law of God and Moses, they put them to death; and 'tis plain God has interposed in our late Discoveries, as once he did by his Servant Daniel from the Holy Writ; let us but have recourse to profane History, for Parallel to God's Curse upon the House and Family for this crying Sin, the Story of Glaucus the Lacedemenian; recorded by † Her●d. lib. 6. H●rodotus, to show what regard was to be had even among Heathens to what they swore, and what dismal Punishment attended their Perjury) for he having only a design to forswear a sum of Money that was deposited in his hands, yet had so much Conscience as to Consult the Oracle before he committed the sin, and was told by it what he was to expect, To be Consumed, him and his Posterity; and tho' he departed the Judgement as having only intentionally Committed the Crime, however the Vengeance of God fell upon him, and He and his Posterity Perished. And now let us but look into the Law of other Nations, and next cast back our Eye upon what was our own. By the Le● Remnia Among the Romans a Common Calumniator or false Accuser in ordinary Cases, had first the To▪ K in the Greek Capital burnt in his forehead, a little more severe than our Paper Kite that is put upon our Prances or our Youngs in Westminster-Hall or the Pillory; and besides the Identity of punishment, that the party must have suffered by his Perjury, was also inflicted and this appears from their Imperial * So Vid. Prov. 19 9 Zach. v. iv▪ Law, and will be all good men's wishes to see it among our Acts of Parliament, And by their Lex Cornelia made by that famous Dictator Cornelius Sylla, Their Judicium Falsi, * D. 48. 161. c. 9 46. 6. For forged Attestations, or forged Associations (tho' they did not tend to the taking away lives) was very fearful, for by that the offender convicted of any such Instrument of forgery; was to suffer Deportation, and their Publication of all their Goods; and if perpetrated by a Servant or Slave, to be condemned to their ultimum supplicium, that is to loose his life; and sometimes made Capital in those that were Free; and with the * Instit lib. 1. Tit. 18. D. 4 8. 10. 4. C. de. falsis. l. ubi. b. 4. 8. 10. 1. same punishment did they prosecute your Willsons as well as Youngs, that had received any bribe for their evidence, and money for their Testimony, and what aggravates the defects of our Laws as vainly as they are ulcerated, these severities or just Retaliation, were inflicted in Civil matters; and in Criminal ones the Perjury always punished with the same Death and Torment the Innocent was to have suffered, and than we are sure their Punishment of Laesae Majestatis was equally terrible to that of our High Treason, and extended formerly even to the * C. 9 8. 5. Children, and Servants of the Conspirators, though never so innocent: And these Judgements were also confirmed by their lex Tali●nes, in which the Law of God seemed to be Copied out of Deter●nomy, Eye for Eye, Tooth for Tooth. These Gentlemen, were the Laws made by a wise and flourishing Republic, and Collected in a Body, by a Renowned Emperor esteemed the Justest Legislator; by which those Laws of Solon himself might seem to be out done, and Rome in Justice as well as Glory to have transcended Athens and Lacedaemon, and it was these Laws that made them Victorious abroad, safe and easy at home; and These esteemed so Just and equitable that even since most part, (we may add all the Christian World beside ourselves are governed by them; nay our own Kingdom was; and Scotland that is under the Dominion of our own Prince, as we shall show, is still governed and guided in this point by the same Ancient and Equitable Laws; and if any of these Conspirators be Scottish of the Irish kind, let them in God's name swear up Plots and forswear them in their own Country where they may be deservedly hanged after they are damnably perjured, and not bring true Englishmen to be tried for their Lives by a parcel of false Loons that have abandoned God, as well as God their Country; The only Good they have left in it being these good Laws by which such forsworn Varlets are to be punished: and that not only by those Civil Institutions of the Roman and Imperial Law we have cited (which with them take place where their own Municiple ones are defective,) but also by their very Parliamentary Acts and Constitutions, and particularly by one of * Vid. Jac. 6. p. 1. c. 49. King James the 6 th'. where he that Calum●ates any one of High Treason, and the party acquitted, incurs the same * Vid. lib. cui. Tit. Reg. mayor. Punishment the presumed Gullty must have undergone, had he made good his proof. And now in the next and last place, let us come to our own Legislative; and 'tis well known, especially to this High Court of Parliament composed of so much Law and Learning, that anciently, and before the Conquest, by our own Laws Perjury (though it were not in the Capital Cases) was punished with Death or Exile, the Romans Ultimum supplicum; or Deportation, and the lest penalty that followed after that was the Cutting out the Tongue of the Perjured, we are not more I hope a Conquered People now, than we were before the Conquest, (whatever some Scotish Doctors, or Scotch Evidence may tell us.) And if we be the same Free Subjects the same True English men, In God's Name let us have the same agreeable * Leg. Edward. c. 3. Leg. Aethel. c. 10. Mirror c. 4. Laws, we had before we were a Conquered people, the same that in this Case agreed so much with the Laws of God and Man; and we would willingly know since the second offence in forging a DEED or public Instrument is made by the fifth of Eliz. Felony, where but a little Land or Lease is liable to be lost; why not the Forging of Commissions and Associations to the taking away Lives, and than I am sure such Priests as Young and Kingston that forge their order too aught not to have the benefit of their Clergy. So that to Revive these so Ancient and Excellent Statutes for Perjury we see is not (as the Parliament once bravely opposed,) to change the Old Laws of England but to Restore them. As our Case stands now, we have not so much as the Hazard the Chance of our fore Fathers, the Fire Ordeal to acquit us of the Accusation of a Couple of Conbined Conspirators, nor that other favour long since Legally to be granted, or to be demanded by the falsely Accused to defend his Innocency. * Vid. 2d. & 3d. Inst. cap. 14. & cap. 72. The Combat. * but are immediately swallowed up Quick by these false Crocodiles as soon as they gape with their upper Jaw; for our our Ancestors commonly in Cases of false Accusations of Felony or High Treason, as well as in a Writ of Right had the privilege of fight it out with their Calumniators; and so was to be decided that Famous Case † Reign of Rich. III. between Thomas Duke of Norfolk, and Henry Duke of Hereford, where the one accused the other as false and Traitorous to the King; and were this in practice at present, Capt▪ Brewerton, that Hervick Calumniator might have had a more honourable way of having the Life and Blood of Sir Rowland and the Gentlemen he so falsely accused, but since all protection is now taken from the Innocent, that they cannot defend themselves against the force of Villainous Affidavit neither by Law nor Arms, what is there left to fence against these devouring Animals, but fearful and severe Sanctions, that like the Fire we make in Woods against Wolves and wild Bears, may make them turn away and leave their Prey. In the Conspiracies indeed of Juries we have a terrible Judgement ( * Coke 3 Inst. Ch. Conspi. 66. as the Lord Chief Justice thinks it) whereby they are put out of Protection of the Laws, to lose their Lands and Goods to have their Houses raised and Trees rooted up; and if these are thought so great Villains, as to merit such a Villainous Judgement, only in Civil Actions, what must such Irish or Scotch Evidence merit in Criminal Cases? Creatures that have no more Goods than what they carry on their backs, no other Houses but their last Goal, and not a Tree to hung themselves on, or a Dog, and so far from being aggrieved by being put out of the protection of the Laws, that they are commonly (as we see in these Bromley and Manchester Evidence, outlawed to our hands for being Felons or Highwaymen; what than can suffice for such transcendent Transgressor's, that are uncapable of any other Punishment, but Death. My Lords and Gentlemen: LET us only on this occasion crave leave to remind You of what was not long since the Result of your own Learned Debates upon the like Emergency, That so solemn * 22, 23 Car, II. Act, on the Villainous Attempt on Sir John Coventry; where no such Punishment was provided for by any Law before▪ Certainly this Case concerns You nearer now; where Your Honours, Your Estates, Your Lives lie at stake; and must needs make a deeper Impression on Your Minds, than an Assault, or Mutilation; and since these Ruffians, these Assassins' in Affidavit have adventured to attact no lesle than four or five Members at once. That Puny Attempt (in respect of these more Bulky and Buteherly Assassination, and the more barbarous in being also more secret) was looked upon too big for that little Punishment the Law did inflict; so that, that which was only Trespass, Assault or Battery before, was made Felony; and sure Gentlemen, the cutting of a Man's Life, will deserve as considerable a Punishment as the Slitting of a Nose; or the Cutting out his Tongue or Eyes, which was long before made † 5 H. IV. 5. 3 I●st. 62. Capital. We are not so severe in our Just desires, as to insist that this so necessary an Act should have any Injurious or revengeful Retrospect, as to regard even Robert Young, a Taff, or a Lunt; a Blackhead, or a Wombrell; tho' one would think they should deserve no favour not more favour than a Dandys, or O brian; a Parry, or a Reeves, Men of better Birth and lesle Barbarity; at lest we might expect, that if with those lesser Criminals, they are not to be hanged, that for the public Interest of the Nation, and the Safety of every Individual in it, they may at lest be Exiled with them out of that Land in which they do not deserve to live, * Coke's Comm. 3d Inst. Chap. 13. as this will be; as my Lord Coke calls it upon the like occasion, Salutaris severitas & beata securitas; * A severity only for the Safe●y of us All, and a most blessed Security indeed for the Public, the People and the Parliament. My Lords and Gentlemen: LET our Zeal for the Public Good, with You (who are Overseers of it, Ne quid detrimenti capiat Respub lica) supersede the Presumption of these weak Overtures, for the Honour of the Nation, the Reputation of your Two Houses, and the regaining a Repute to our once celebrated Law; which why they should be defective in matters of such main Concern as Life and Estate, is unaccountable. Let us have the long looked for Bill for limiting Constructive Treason made at last an Act; and let not the Twelve Men in Scarlet, which were painted so terrible and bloody in the last Reigns be a Terror to the Subjects in This; All the Twelve may not have the Judgement and Moderation, the Learning and the Law of an Hales or an Holt; and when our Lands and our Lives are at stake, Malice and Ignorance may make most wretched Constructions on the 25 of Edward; if we are delivered to eat Manna and Quails, why must we still be fed on Leeks and Onions; and if we must never see our Canaan, 'tis as good to perish in the Wilderness; and 'tis tempting God to see those Men that cried in their Bondage, to please themselves now with their Shackles; and those that not long since were so afraid of hanging on that Statute of King Edw. to play now with the Halter, as if it were no more than the Garter which he Instituted. Let the Evidence for the Prisoner by a special Act have his Oath administered him, as well as the Swearer for the King. We have found Villains and Perjury sufficient on the one side to bring Men to the Gallows, and never yet seen so much on the other to save a Man from it: The Crown will have this advantage upon the Reciprocal Oath, That His Evidence if false, must perjure himself to save the Indicted; and if he swears True, 'tis all the reason in the world he should be saved: To refuse this for the ridiculous Reason that it is against the King, as is commonly done; and particularly was in † Vid. Trial Fitz Har▪ pag. 37. Fitz Harris' Case when demanded, is the highest Reflection on the Crown; the very blemish to our Constitution; derogatory to a Court of Justice, unworthy of Lawyers, and indeed as shall be shown, against Law; it looks as if the Prince had it as a part of his Prerogative to have an advantage over the Subject's Lives, expressly against * Cap. 29. Coke 2 Inst. Magna Charta; which we dare affirm takes all the Care imaginable for the preservation both of Life and Estate even in opposition to the King and Crown; and the Original Contract upon which we now stand has not I hope overturned that; and besides this advantage of Swearing, as (we have shown before) the King is advantageously enough posted upon this Point in a Court of Judicature, in the Learning of his Judges, in the Zeal of his Attorney; the Eloquence of his Council, and it being the King's Court, and too much as it is commonly made, the Subject that comes to contend with him on his own Ground aught to have all the fair play imaginable, and upon Justice and Honour the advantage of the ground given him; for 'tis always judged unfair, To Cut, and Choose too. We are confident some of the King's own Council have been once of this Mind; and we dare engage to show it under some of their own Hands who by this time may have forgot what fell from their Fingers five Year ago; and whatever were the hardships of Trials before this Revolution, 'tis notorious, there was never such barefaced Forgery and Villainy that offered to set up for King's Evidence, tho' some may be, did endeavour to come near it; and if it be true what is reported, that one of the Reprieved Printers, has owned himself Author of that Book for which Anderton died, 'twill help to remind some Authors of the Story of those that were hanged for the Murder of a Person absent; and of my Lord Coke's Heiress that hung her Uncle by running away; and at last both returned alive: All that can be said in the Case is, 'tis easier to make Remarks on Trials than to regulate and reform them, But besides all this. the Benefit of an Oath against the King is allowed in all Civil Actions, and as much the Subjects Right as his Benefit Ticket, tho' the King with ten times the Money should draw all Blanks, and both these by Act of Parliament, and is a Man's Life than of lesle value to him than a Lot on the Million Adventure, or in a Civil Action have we a better Right to contest it with? The King's Auditor, than in a Criminal one with his Executioner; yet on this slippery ground we stand, notwithstanding our excellent Laws and Constitution, so that the Prisoner seems to be tied up before Council or Sentence, at the first false step, to be hanged for the King. My Lord Coke that Learned Lawyer, and once Gentleman, in your Station, an Honourable Member of Parliament, is expressly for the Administration of this Oath, to the Evidence for the Prisoner; and says there is neither Author, Act, Book▪ Statute, Record, not so much as † Vid. Coke 3d. Inst. Cap. 22. S●intitla Jaris, against it. And the Statutes of Eliz. III. and Jacob. iv are expressly for it, where also in Criminal Cases the Oath is tendered; and in God's Name, let the Protestant Reign, and the Peaceful Reign be Precedents for our Reigns, tho' at present in a State of War; and moreover partinent to this Purpose does that Eminent Lawyer add that memorable Expression of that Celebrated Queen, who when Burleigh told Her of him as he was coming into Her Presence; † V●d. Coke 3d. Inst. ibid. Here comes Your Majesty's Attorney General that prosecutes pro Domina Regina: She very readily replied, rather let it be pro Domirâ veritate; and was so intent upon it, that she really would have had it altered, and run thus in the Record; A charge fit to be given by every Prince to this Minister of his Prosecution.▪ instead of Instructions to Sharp Speeches and bitter Words; as if when they are coming perhaps to Crucify an Innocent, They must also give him Vinegar and Gall to drink. Gentlemen, We have had Great Boasts that we are come to Queen Bess her Days; and therefore 'tis but fit we should have Queen Bess Government too. And Lustily; Let this so necessary a Bill for the very Being of the Subject be passed into a Law; Great Things are expected from this Session, and these Laws indeed would mako the Session Great. Let PERJURY in Capital Cases be as Capitally punished: Since 'tis God's Law, All Christians Law, and was once our Law; and this no Airy flight or Assertion, but what we have made out from the Law of God, The Law of Nations, and our own Law-Books; 'tis a Jest to talk of our Excellent Laws, when we want one to secure our Lives, and our Constitution goes upon Crutches as stout as we think it, while the People that are to Establish it are thus cramp● and crippled; What Compensation for God sake can it be to a Peer or Commoner after he has made his Cavalcade to Tower-Hill or Tyburn to have a Young or a Lunt, to look with an Iron Cap through a Wooden Cage, and gloriously defended by a Guard from a Rotten Egg, or Turnip; or what kind of Consolation to the Posterity of a Marlebor●ugh, or a Molineun, after the Chopping of their Heads, to have had a Snip of Robert's Ear, that would have blemished the Pillory, or a little of Lunt's Leather, that if Nailed to the Gibbet must have made it blush: It was pretty oddly observed by a Bishop well enough affected to the Government, That the Non-Jurors had preserved the Nation from Atheism; but by the increase of these sort of Jurors there is no hopes of keeping out the most Atheistical Infidelity; For never in any Age were such sad Examples of Fallen Reprobates, that had sunk down to such a degree of Diabolical Atheism; (for the Devils, tho' the false Accusers of the Brethrens yet fear and tremble) as has been found out in the Forgers of these two last most Hellish Plots, of which perhaps Fuller, their Foreman would have furnished us with a finer Original. What will the next Generation think of this in the Revolving our Annals and History, when they shall see so many Perjuries upon Record, and most of them unpunished? When they shall found such a Catalogue of uncouth Names, and more unheard of Monsters and Animals than any in Aldr●vandus? when they shall meet with so many Mac-Moyers, Mac-Oneals, Mac-Namarac's, Blackheads, and Whombralls, all Tantivying it away upon the Sacrament; as if they were so many Spiritual Saints, when all the while nothing lesle than so many Devils, Incarnate Sons of Belial; for so the very word of God has called them that by false Witness dispossess a Naboth or a Neighbour of his Life and Vineyard; Hellhounds! that in the dark Night pursue their Prey, that like Pestilence Walk in Darkness; till fletched and sharpened like the Arrow, they come to destroy us at Noonday: That Plot how to seize the Heir, and Quarter his Body; only to divide h●s Inheritance. These things Gentlemen, have not been done in a corner, and Ye that are Rulers in our Israel; Ye our Legislators, cannot be said to have heard or known none of these things; The Bishop has laid all open in one Book, and there will matter enough come before you to make up another. If any Members should be so hard, as not to be easily moved with so tender a Case, let them but consider the said circumstances of such a dying Innocent amidst his Horror and Distraction, to found himself hurrying away to an infamous and painful Death, through all the Gazing Crowd, and ghastly Pageantry that attends it; and all the while perhaps so Just and Innocent, that he is only conscious of the Injustice and Injury that is done him, and has in Equity, a Right to that Life and Freedom that every Spectator enjoys, that comes to see him die, and more than many, and (his Accusers especially) that don't deserve to live, it must needs discompose and distracted the Sedatest Soul to be thus tor'n from the Body, and to leave that too to be butchered abroad; We must confess we look upon this to have been much of Mr. Cornish's Case, whose dying Agony many that were no Enemies to that Reign and Government could not so easily digest; The conflicts and convulsions both of Soul and Body, that Innocent Person must be under in such sad circumstances is unconceivable, whilst a Tacit Gild; or opinionatre of the Goodness of the Cause in which he suffered so long as matters of Fact are truly sworn, makes the Dying and Condemned more patiently to expire, either from the Approbation of the Fact for which he suffers, or considering it as the Effect of his own Crime or Indirection; and it is observable in that Man's Case we mentioned, we found that neither Judges nor Jury could defend themselves from the kill force of a false Oath, which from the Lips of a King's Evidence like the Ball from the mouth of a Cannon carries all before it where it is levelled▪ And thus we hope we have shown that this is a National Concern, and not the particular Case of a few incensed and uneasy Jacobites, as many that are unwilling to loose the lest power of Oppressing may be apt to imagine, but such will than only be best Taught when they come perhaps to found it their own, and have bought more Wit so late, and so dearly. Neither will we imagine, as some perhaps may more maliciously among that Party conclude, that these Machinations against them have been carried on by any of our Eminent Ministers of State; we see how Robert Young's Roguery and Information was rejected, long before it was discovered and found out; and his Bundle of Papers and Intelligence Branded and stigmatised in the Forehead for that of a Very ROGUE; but these Villainous Evidences in all probability have been Instigated only by some Punies in the Politics; some half-witted Underlings, The Fi●z Harris' of the Times, that would officiate themselves into favour, by scandalising those they would pretend to serve▪ and whom our Ministers (if detected) aught to make Examples for their Impudent Presumption, and the disservice that is done the Government; for we may look upon these Creatures and Conjurors more Diabolical than the Evidence; they thus raise us up from the the Devil▪ for if we could have any Charity for them, we might think that they only designed to live by the Tr●do, and to damn themselves for a little Bread; whereas these more malicious Conspirator's Plot to destroy the Innocent at their own Cost, and pay for the pains of their Perjury, with the Price of Blood, and no little Expense for their Preferment may meet perhaps with the mistaken Reward of false Edric's Treachery, who was preferred for the Villainy he had committed for the sake of King Canutus, above any of the Peers, by putting his Head upon a Pole; and besides all wise Statesmen will know that it is no Policy to exasperated even what they think a contemptible Part of the Nation; For notwithstanding all King James' Army, Monmouth might have made mad work of it, had he took them Napping; so that if we are well wishers to our present Government, we aught to study how to make it easy to all alike, jest we should be mistaken (as our Predecessors have been) in the consequences of any violent Prosecutions. The Gentry and Nobility of the Nation are upon another account obliged to take notice of this New way of Swearing; with relation to the true Rules of Honour and Chivalry, or else to restore again the ancient practice of turning Champion; and defending one's self, when accused by Combat, and to challenge the Evidence instead of the Jury; for tho' some of these Brood of witness like a body of beggarly Bandity set up to Rob and to kill, but according to Law, and to levelly at Men of Estates alike as they come in their way; so it seems there are others among them that are irritated into this Villainy by way of Animosity and Revenge, and like the Band among the Jews, bind themselves in a Curse neither to eat nor drink till they have slain Paul; and of this humour we found were some of the Mac'● and Irish in Colledge's Case, the Duffy's in Plu●ket's Case, and our renowned Capt. Brewert●n, in Sir Rowland Stanley's Case; so that Perjury at last is like to arrive to a sublime pitch of Hervick Valour; and instead of deciding Quarrels by a Duel it may be thought a piece of Gallantry to get the Blood of a Man, by swearing him out of his Life, what consequences this may have upon the Nobility and Gentry we leave to the Determination of both Houses of Parliament that are composed of both. And now after all that has been said for this so necessary a Law against Wilful Perjury, none ever yet could bring the lest objection against it, save only this single one. That Capital Punishments in Cases of Perjury, would deter all Persons from detecting of capital Crimes, and especially Conspiracies against the King and the Crown. As to what concerns the Crown and King's Case somewhat has been said already upon another head, Thou it may be observed here that it was the Practice of our Royal Ancestors to Triumph more in the detecting the Innocence and Quietness of their Subjects, than of an hundred horrid Plots and Conspiracies; for those whether true or forged, only help to make the Monarches more uneasy to themselves and People; and besides it is the saying of the wise and good Emperor Trajan, to Severus, and a Maxim in the Laws both Divine and Human, That it is better * Satius est, impunitum relinqui facinus necentis. quam in nocent●m damnari sic iniquity Vlj●ian Trajanus Severo rescripsit. Ten Guilty Persons escape, than one Innocent Man perish: Now we would feign know which way there is for an Innocent Man to be safe, when for the weak Pretence of Regal Prerogative there shall no greater Terror and Restraint be put upon such Villainous Forgeries: The most Innocent Men are commonly the worst Enemies to such Diabolical Varlets, and therefore from them they may expect the most of Mischief, and this has been made out to a miracle in some of the foremention'd Conspiracies. Besides, as Parasitical as the Argument is to the Crown, it is perfidious and Traitorous to our very Constitution; for if the King's Prerogative must stand in opposition to the Lives and Safety of Subjects; We have at once overturned all that Original Contract upon which we settled the very Foundation of the present Government; and we can compare the Unjust Notion to nothing else, but the Justice some English Gentlemen (we have heard of) met withal in France, who in their passage through it, by a Perjurious Wretch that had never seen them before bein● sworn to be all Hagonots, and upon that were imprisoned and ill▪ used; and contra●y to the Law of Nations, upon Appealing to the Governor of the next Garrison, and showing their Authentic Passport, and demanding Reparation for Damages sustained, had only this cold Compliment to make them amendss, That they must excuse their ill Treatment from the strict Regard was had to the King's Ed●ct; and since the Fellow had only perjured himself in Zeal for his Majesty▪ s Service, he did not see how he could well punish him; Gentlemen! where Life is concerned too, we hope French Arguments will have no weight with Englishmen. But further, for this only Objection, There is no more Sense or Reason in it than of public Spirit or Honesty; for what Reason has an honest upright English Evidence, with no Irish Hue, or Scotch Complexion, to decline giving a fair Testimony to what he knows of a Prisoner, since whatsoever Evidence the Prisoner brings to disprove his (being likewise upon Oath, which as my Lord Coke says no Law is against) must run the same Risque of a capital Punishment, if by Forgery or Falsehood he goes to invalidate the King's Evidence; so that the Accuser here has the same Security for his Life that the Person has whom he Accuses, and since swearing False is grown so Fashionable, 'tis fit he should have not more; and 'tis certain from the purity of the Punishment the security to both is the same; besides there is this to be considered to encourage any true Witness from being dismayed, That Truth from probability and circumstances will defend itself, whilst those that falsely come to invade it (as the Success in these Affairs were Evidenced) are sooner discovered in their most secret Conspiracies; So that no Man of Sense or Reason can see the lest Reason why notwitstanding this Reciprocal punishment annexed to Perjury, he cannot as boldly proceed in confidence of the Truth of what he Deposes; as if there were no such Retaliation or Identity of punishment annexed; and that which may be ●ack'd to this Objection; that this might multiply Swearing and Perjury, Vying and Revying on one another by way of Revenge, is so preposterous an Argument that it contradicts the other, and is as false in Fact, for if by this Lex Talionis, Evidence can be terrified (as 'tis objected) from giving True Testimony; How can it disencourage an Impostor to disprove it by Forging a Falsehood, since the Terror and Punishment must equally extend to both; and for such Varlets as by way of Revenge would swear Perjury against another for Evidence given in a Capital Case only to take away his Life, has no advantage at all by this Act; for we found by all these sad Examples, that such Villains can as easily swear you into a Plot and High Treason: And for which perhaps many a Man's Breath has been stopped, only because the perjured Accuser had nothing to choke him but his own Lies and Forgeries, and many an Innocent brought to a shameful Death▪ because the Informer was never in any danger of his Life. Gentlemen. WE are none of those your Town-Whiffers (the best in the world at throwing of dirt) commonly called Jacobites; new distinctions that may cost us as much as the old ones of Whig and Tory; for a Jacobite indeed in the common Acceptation is worse than Tory; and I hope we shall give no occasion to make a Williamite worse than a Whig; 'Tis a known Reproachful Reflection to make a Jacobite, one that tho' an Englishman would enslave his Country to a Foreign Yoke, and what is worse a French one, but if such Bloodsuckers, such Reprobate Svearers are to make their Cavalcade thro'▪ the Kingdom; attended with Dutch 〈◊〉 ●o destroy peaceable and True Englishmen, Come French or Turk, our Condition cannot 〈◊〉 worse; and these Irish and Scottish Evidence will certainly bring us to their Scottish or 〈◊〉 Government, That Absolute Power without Reserve; and tho' some Scotch Priests may 〈◊〉 such Enemies to the Doctrine of the Bowstring, such Forging, and Swearing will differ 〈◊〉 〈◊〉 from some peremptory Orders to bring in our Heads, My Lords and Gentlemen: WE are plainly ourselves, plain, honest, Country Gentlemen, True and Trusty, Freeborn Englishmen, that only pled Magna Charta; The Petition of Right the P. of O● Declaration for our Lives and Estates, neither directly nor indirectly known or concerned with any against whom this Flagitious Evidence have conspired; but only engaged in a Common Concern for the Honour of the Nation, The Interest of their Country, which none but Apostate Scotc●men, or perjured Irishmen will offer to betray; therefore since this sort of Cattles have imported themselves of late, and Creatures crawled into the Nation with Tongues worse than a two edged Sword, while the Poison of Asps is under their Lips, what is to be done in so profligate an Age where Atheism is drawing up the Sluices to deluge us in such horrid Impieties, and the Air so Tainted with the Breath of ●hese Animals, that we may expect even a Cloud of Irish Witnesses; what is left to preserve the Land from those Locusts, but the making their Swearing away other men's Lives to be a Forfeiture of their own; For if Salary shall be the secret Price of Blood, 'twill be only the Fool than that does not Commence a Villain: And for this End (with all Submission) to this Great and Wise Body in this great and weigty Case. This Old Englishmen's Address humbly presented; may it have the Effect to Postpon all by ends to the Public; To make us look like other Nations that understand Civil Law and Equity like other Christians that understand God's Laws, and the Decalogue like True Englishmen that understand their Old Law and own Interest; and than there will be no fear of Irish Interlopers, or Scotch Brokers, for the Bartering or Barreting away of Englishmen'● Lives; For the Honour of God, for the Credit of the Nation; for the Safety of ourselves, and the saving some of these Atheistical Fellow's Souls, since Perjury is growing as Epidemical as the Plague, and as Mortal too, Let some frightful Mark upon the Door of every Tribunal; and let not the Innocent, but those that would destroy them die. FINIS.