A WORD CONCERNING LIBELS AND LIBELERS, Humbly Presented To the Right Honourable Sir John Moor, Lord-Mayor of London, and the Right Worshipful the Aldermen his Brethren. By Roger L' Estrange. LONDON, Printed for Joanna Brome at the Sign of the Gun in S. Paul's Churchyard. 1681. To the Right Honourable Sir John Moor, Knight, Lord-Mayor of the City of London, and to the Right Worshipful, the Aldermen, his Brethren. BEing given to understand that your Lordship and the Court of Aldermen have lately taken into consideration the business of Seditious Libels, and Papers; and that for want of particular Enformation, the matter proceeded no further at that time, then to a General Admonition; which extended to the Innocent, as well as to the Guilty, through the False and Malicious Practices of the criminals, for the Involving of both forts under the same Scandal, and Condemnation; I reckon it my duty to the King, the Church, the City, to every Honest man, and in the last place, to myself, to present your Lordship and the Bench of Aldermen your Brethren, with the means of distinguishing the One from the Other; In full assurance, that your Loyalty, Generosity, and Wisdom; your love of Truth, Peace, and Common Equity, will dispose you to Vindicate his Majesty's Crown and Dignity; the Royal Family, the honour of the Government, and all that is Sacred in humane Society, against all Insults whatsoever; and 'Cause Exemplary Justice to be done upon such Offenders in these Cases, as shall be found properly under your Authority, and Jurisdiction. I shall not Clog this Paper with Instances, either superfluous, or of Ancient Date; but keep myself within compass, both for Time, and Bulk; Citing the Book, and the Page; still as I go along with the Publishers Name in the Margin. And it will likewise appear from the Pamphlets themselves, that there's a Formed Conspiracy against both Church and State, for the destruction of the Whole, and of every Part of it, Root and Branch. The Book that deserves the first place in this consideration, John Kidgel●, and Richard Baldwin. was printed for John Kidgel, at the Atlas in Cornhill 1682. and published by Rich●rd Baldwin, in the Old-Bayly: A Bold, and a Common Agent for the promoting of Sedition; and it carries the design, in the very Title, and Face on't. [Rights of the Kingdom, or Customs of our Ancestors, touching the Duty, Power, Election or Succession of our Kings, and Parliaments, Our TRUE Liberty, DUE Allegiance, Three Estates, THEIR Legislative Power, Original, Judicial, and Executive; with the Militia: Freely discussed, through the British, Saxon, Norman Laws & Histories] This Gallimawfrey of Fragments was first published in 1649. in favour of Cromwell's Proceeding, and Government: the main Stress of the Discourse, resting upon these two Points. First, that the Late King was lawfully put to death. Secondly, that the English Monarchy is not Hereditary, but Elective: And so the Author, by Precedents, either Impertinent, Unwarrantable, Perverted, or misapplyed, supports his Pretensions the best he can. Finding this Treasonous Piece to be now reprinted, I could not but bethink myself To what end? And this Curiosity put me upon comparing the Two Editions, to see, how far they Agreed; wherein they Differed: or whether this Latter Impression were the very same with the Original. Upon the Examination, I find several sly Variations, and Additions, and many things Omitted in the Latter Copy; which gives first to understand that this is not the work of a Bookseller, or Printer, for profit; but a Regular, and Industrious Disposition of the matter for some other purpose: And what that Purpose is may be easily gathered from the Pulse and Bias of the Treatise; For the Omissions, though Many, & Large are only such as apply the Arguments for the Sovereign Power of a Parliament or the People, to the Defence of the Late King's Murder; or else such as strike so directly at the Subversion of the Monarchy; that the Age is not as yet either so Mad, or so Wicked as to bear it: But his Arguments, and Reasonings all this while, for the People's Right of Calling their Kings to an Account, remain Whole, and Untouched; So that his Maintenance of the People's Power over the King, even to the Deposing and putting of him to Death, stands as good against this King as it did against his Father; and speaks the Publisher and the Author to be both of a mind in the Case. In One word, the two Pos●ions of this Villainous Book, are the Two Pillars of the Associating Plot. And if the Faction can but first persuade the Multitude, that if the King will not do as the People would have him, the People may deal with the King as they please: And Secondly, That this is an Elective Monarchy; there's the King's, the Duke of York's, and the Governments business done at a Blow. But I shall leave the Author to Expound his own meaning in three or four passages omitted in this new Edition. I cannot see (says he) why it should be a Crime for any to desire that an Action of such Concernment (putting the King to death) might be fully Cleared to be Just, and acted Justly. Page 2. And again. I would gladly have spoken all that I justly might, to have saved him from death, till I had seen that his Life could not consist with People's Peace and Safety, which I may acknowledge to be the Supreme, and Highest Law Humane, P. 3. Further, My work shall be to Inquire of matters of Law: And how by the Laws and Customs of this Kingdom, it may be known, Adjudged and Declared what is the Duty of our King, and whether he hath done it or not; and in case of failure, how it may be judged, who they be that must determine it, so that the Subject may and should be quiet, and submit to such an Act Judicial and Conclusive. Pag. 4. Once again. It may seem a short work and soon said when the King breaks his Trust, the Parliament must Judge him, and when the Lords refuse, the Commons might and must, because it was Necessity; but I am loath to hide myself in a Dark Chaos, I had rather see it Cleared in the Open Sun. P. 4. This is sufficient to show the Opinion, and the Drift of the Author; wherein he declares himself, that the Late King was Justly put to death, and undertakes by Law and Reason to prove it; So that his Pretended Proofs being now Exposed to the Public, by Kidgell, and Baldwin, in the very same terms with the Original, must necessarily render the Late Publishers as Guilty as the Author. There runs a Vein of Sedition through the whole Tract; but some Few Instances out of this late Impression shall serve the Turn. [Let us Discuss it (says he) by Law and Reason, what is our Legal Fcalty; how made, how Limited, how kept, or how DISSOLVED. P. 11.] So that our Allegiance may be Dissolved, it seems, and is only Conditional. And again. [Allegiance was ad Legem to the Laws, the Kingdom, and the Kingdoms good, or Profit, together with the King. P. 18.] We'll see now what he says to the Point of Election or Succession. [In the time (says he) of Hen. 1. and Hen. 2. there were some Special Acts of Parliament for settling the Crown on Maud the Empress, or her Issue. P. 24.— But all such Acts (for Tying the Crown to such or such a Family) do not Evince a Former Right of Succession. P. 25.— And then further [I say not (says he Ibid.) how often it hath been adjudged that Affirmative Statutes do not annul the Common Law; and that one may Prescribe against a Statute Negative, but in Affirmance of the Common Law,— So that if an English King was Elective by the Common Law, the Kingdom might Prescribe against Late Statutes, which might Err much more than they could Oblige All Future Parliaments, but they might still be free and most of all in what was due before by Common Law. Ibid.] And moreover P. 75. He grounds his Pretence upon the Speech of Hubert at the Coronation of King John (an Excellent Precedent for his turn) [It is well known to you all that no man hath Right of Succession to this Crown, Except, that by Unanimous Consent of the Kingdom, with Invocation on the Holy Ghost, he be Elected from his own Deserts; but if any of the last King's race be more worthy and better than others, his Election is more Proper, or more Reasonable, as it now is in Earl John here present.— Which (says he, Ibid.) seemeth most rightly to State the nature of Succession as it was in this Kingdom. So that all did amount but to this, That if a King had such Children; so Qualified, and so Educated, that they were above others in Virtue, Wisdom, and True worth (or at lest Caeteris Pares) they were the most likely Candidates for the Crown.] So that his Malicious Imposture resolves at last wholly into this. He sets the Parliament and the People above the King; and makes the Government Elective, by the Common Law, and from thence Concludes all those Statutes that Assert the King's Sole Sovereignty, and the Right of Hereditary Succession, as Nullities, for then Repugnance thereunto. '●is true that Care, and Janeway; (for they are both one in the Impartial) have published Num. 82. a Rude Advertisement, as if Baldwin had not publish▪ d this Book; Whereas O●e or too of Baldwins Servants were taken at One a Clock on a Sunday Morning Posting up the Title Pages; which is as much a Publishing them, as if he had sold them Openly in his own shop: Beside, that 'tis probable he knew the Malice of the Book, by the Close, and Unseasonable course he took for the Notifying and dispersing of it. I have been forced to speak at large upon This; but I shall be shorter in the rest, and go on a little upon the same Head of Sedition. [All Considering People will now see that Conventiclers are not punish▪ d and ruined for holding Conventicles; Richard Baldwin. but for being zealous for the Protestant Religion, and Government by advice of Parliament, against Popery, and Clandestine Arbitrary Counsels.] Postscript to remarks upon Sr. William smith's Speech at Hicks Hall; Published by Baldwin again. Here is first a Vote of the Commons, set up above the Authority of several Established Laws. 2 lie. The King himself charged with a design of Suppressing the Protestant Religion, and Advancing the Interest of Popery, in Requiring the Execution of 'em; and with Clandestine Arbitrary Counsels, over and above. Double your Watches (says Janeway in his Vox Patriae) Chain up the Streets of the City day and night. Richard Janeway. Suffer not any Body of Armed Soldiers, Greater, or Less (other than the Trained Bands of this City) to march through any part of the City, P 1.] Here's a Proposal of keeping his Majesty out of Louden by Force, and the Rebels did his Father out of Hall: and the Printing of this Paper can have no other End, then to Invite and Encourage the Nation into a Tumult. And what's the Ground of this Audacious Proposal, but the [Surprising Prorogation of the Parliament. Ibid.] So that the King shall not Exercise the undoubted ‛ Prerogatives of his Royal Authority, upon pain of Janeways denouncing War against him. In the same Libel P. 17 he has a Pretended Address from Suffex to the Knights of the Shire, Richard Janeway. declaring that [they will stand by and defend them with their Lives and Fortunes in doing whatsoever they shall judge necessary for the Peace, Safety, and Prosperity of the Nation (if any danger should threaten them.) And the People of Winchelsea undertake as far to their Burgesses, P. 20. Thereby disowning their duty to their Sovereign, and transferring their Allegiance to their Fellow-Subjects. The Burden of the Song from one end to the other of this Pamphlet being the Exclusion of his Royal Highness, and Barring the Kings Supply, with an intermixture of demanding the Artillery, the Militia, the Regulation of Courts Ecclesiastical, and Civil, a Bill of Association; the disposing of all Public Offices and Charges, etc. The Sheriff's Case makes [King, Lords, and Commons, Supposed by Baldwyn. to be a Corporation] which amounts to no less than a ‛ Deposing of the King. [That Bugbear Passive-Obedience (says Jo. Starkey in the Character of a Popish Successor. John Starkey. P. 20.) is a Notion crept into the world, and most zealously, and perhaps as Ignorantly defended.] What is this but a Papal Absolution? But then in the Second Part P. 34. the Nail is driven to the Head. [Have we not bad a Late King of Portugal Deposed, as Delirious and Frantic, and consequently rendered by Law Uncapable of Reigning; and all this done by his own Subjects, and those of his own Religion, without the least Reflection of Treason or Rebellion, or the Aspersion of Lifting a hand against the Lords Anointed?] What is this but to tell the People, that there needs no more to the Deposing of a Prince, than the Outcry of the Multitude, that he is not fit to Govern? These Outrages upon the Laws of God and man will never find Protection within the Walls of this Loyal City; And this Licence is not more the Shame of the Government, than the Vile Instruments are in truth the Dishonour of Mankind. The Desperate Practices, Declarations and Positions of the Scottish Covenanters, even to the barefaced avowing of it to be their Duty to destroy the King, the Royal Family, and the Persons as well as the Order of the Bishops, is too notorious to be either Concealed, Palliated, or Denied; which put the Government, in Conclusion, upon a Test; as the only Expedient for the securing both of the Church and State, against the Violent, and Impious Machinations of those Diabolical Spirits; and (in effect) for preserving the Peace of the Two Kingdoms. Just now, upon this very Instant of Time, when the Scottish Faction were Meditating New Commotions; out comes Curtis' Cheat, and Mockery of the Arraignment, Trial, Langley Curtis. and Condemnation of a Dog for refusing the Test, and the whole Process Ridiculed in the very Form and Terms of the Law; and Dressed up in so Contemptuous a manner that nothing was ever more Rudely and Spitefully treated then the King's Authority, and the Wisdom of the Scottish Nation in that Act of State. After these Affronts upon the King himself, it is not to be expected that they should treat his Royal Highness, at a Civiller rate: But how this Privilege of Questioning Sovereign Authority; Discharging Subjects of their AllegJance; and Disposing of the Crowns of Princes, comes to be the Subject of every Mean, and Mercecenary Pen; will be taken I hope into a seasonable Consideration. One of the most Seditious Impostures that has yet seen the Light, Hen. Care. was a Libel that passed under the Title of [Bedlo's Narrative of the Fires,] which was almost wholly, and Verbatim taken out of other Scandalous Libels of Former Date, and Fobbed upon the Nation under the Name, and Authority of one of the King's Witnesses. Care put it together, and it was Printed in Bedlo's Absence. The main Scope of the Pamphlet, was to possess the People as if the Duke of York, the Guards, and the Court-Party, had Countenanced, and Promoted the Conflagration. [The Kings Lifeguard (he says) rescued a Man that was taken in the Act of Firing a House. Pag. 9] And again [One of the Lifeguard threw Fire-Balls into a Woman's Lapp. Pag. 10.] [The Duke of York too a Frenchman into his Custody, and said I will secure him, but he was heard of no more, Ibid.:] Four Life-Guard-men rescued another Frenchman, etc. Ibid.] Another Frenchman carried before the D. of Y. and heard of no more. Pag. 11. And so another in like manner. Pag. 13. There's another Charged with Burning the City, and his Father is said to answer for him; [My Son doth nothing but what he has a Patent from the King for. Pag. 11.] In the Popish Courant of Jan. 14. 1680. Hen. Care. Langley Curtis. The same Henry Care and Langley Curtis kill two Birds with one Stone. ['Tis certain every Papist is (Implicitly at least) a Rebel, and a Traitor.] Here's no Exception of either Queen, or Duke, nor of the very Preservers of his Sacred Majesty, when the Rebellious Schismatics pursued him, to Murder him. Nay, 'tis so far from an Exception, that he points with his Finger to That he would be at. [If ever (says the Courantier a little below) we get a Popish Successor into the Saddle, and the Black Tantivy-men, to hold the Stirrup, whilst his Holiness rides the dull Beasts at Pleasure, We'll burn all the Heretical Dogs, etc.] so that it seems we have a Popish Clergy too as well as a Popish Successor. And then to Finish his Compliment, July 22. 1681. [We have (says he) got a New Fry of Churchmen, prepared by Hobbs, and the Playhouse, that care not a farthing for any Religion, provided they may but Swagger and Domineer, and Swear, and Damn, and Drink Healths with a Huzza.] I shall only take a Taste here, Jo. Starkey. of that Venomous [Character of a Popish Successor.] Though sufficient to give any Honest man Horror for the very Syllables of it, but much more to see such Daring Insolences pass Unpunished. He calls his Royal Highness Pag. 10. [the Greatest, and only Grievance of the Nation; the Universal Object of their Hate and Fear, and the Subject of their Clamours, and CURSES. And a little further, with as much Malice to the King as to the Duke, he pronounces his Majesty as good as lost for his Friendship (as he Expresses it) to [that One GANGREEND Branch of Royalty.] This is a Subject too Foul to Enlarge upon, and I make no question, but those Generous and Loyal Magistrates that Entertained so Honourable an Indignation for a Brutal Outrage upon the Duke's Picture will be answerably sensible of these Affronts upon Common Morality, and Justice; and the Honour of their Sovereign in the Person of his Royal Brother. How does Janeway Rage in his Vox Patriae against The Wretched Pensioners in Pag. 2. Janeway. Those Execrable Villains that by receiving Pensions betrayed our Trusts, and our Liberties in the Late Long Parliament, Pag. 17.] [Those Abominable Monsters. Pag. 20.] And what were these Pensioners at last; but a List of Honest Gentlemen, Proscribed as the StraffordJans were, upon the Entrance into the late Rebellion; for Adhering to their Consciences, and their Duty's. Divers Privy Councillors, and other Persons of Value and Credit, in their Stations, and of Unquestionable Worth, in the Opinion of all that ever knew them? And the Addressers are to be served with the same Sauce too. Rich. Baldwin. [Baldwin's tendency of Addresses. F Pag. 9] [The Scum and Refuse of the Places where they live. Pag. 12.] Though the most Eminent Subjects of the Nation. [Some little Bankrupt Tradesmen; a Scandalous and Disgraced Attorney, one whose Necessity Exposes him to be Biased by Crusts of Bread and Pots of Ale. Ibid.] And now to Janeway and Care in Conjunction. [Most of the Subscribers (says the Impartial. Numb. 15.) are RuffJans, Care, and Janeway. and Beggarly Vermin, drawn in by Pots of Ale, and not Apprentices] and there's nothing escapes better that falls in their way. And the Impartial again, Numb. 16. [Alderman Pilkington, Care and Janeway. and Mr. Shute are fit Persons to Serve the City next Year in Quality of Sheriffs, etc.— But there are a Pack of People that scarce know what they would have; Most Industriously Endeavouring, by Cabals, and Drunken, Factious Clubs, to pull up some other Persons, etc.] This is to say, in short; that whosoever gives his Vote for any other man is a Drunken, Factious Rascal. What work has Janeway made, Janeway and Care. (Impartial. Numb. 47.) With a Scandalous, and Malicious Forgery of a Debauched committed upon Michaelmas day last, in the Church of All-hallows Staining, and the Story False from one end to the other! But it was the Spleen of the Faction, when they could not disappoint the Election, (though by the Meanest Practices Imaginable) to be Revenged upon those Honest Gentlemen that were desirous, by Ringing the Bells, to welcome the Person Elected into his Office. It would be Endless, (and truly as Needless) to run through the History of the Scandals upon all those Places, and Persons, that have Acted Dutifully and Affectionately for the Common Serof the Church and the Crown. Is not the King Twitted for his Venison to some of the Addressers? Is not Norwich, Bristol, etc. Charged with Designs of Setting up Popery and Arbitrary Power? The Artillery Company of Bristol, Blasted as an Illegal Usurpation, and Calumniated for a Private Test, as if there were a Popish Conspiracy in the Bottom of it? Let but any Man open his Mouth for the King and the Government, and he is presently a Bogg-Trotter, a Witness in such a Cause, a Juryman in such a One, a Judge in another; and Branded for all the Villainies which that Sink of Infamy, the Faction can throw upon him. A Turncoat, a Fiddler, a Beggarly Rascal; a Drunken, Blaspheming Wretch; a Sworn Papist: One that has Whored his Mother, Betrayed his Prince, and in short; 'tis but Raking of Hell for a Catalogue of the most Damning Sins that ever carried any man thither to furnish out the Character of a Person that Honestly Interposes betwixt Religion, and Sacrilege, betwixt Sedition and the Laws; betwixt the Prince and the Regicide, and betwixt Order, and Confusion. Neither are the King's Ministers, Rich. Baldwin. Magistrates, Justices, Juries, and Witnesses, nay, the King himself one jot more respectfully handled in Baldwin's two Parts of the No Protestant Plot; and the Scandals run through from one end to the other. Janeway (in his strange News from Hicks' Hall) calls the Middlesex Justices, Janeway. Adulterers, Whore-mongers, Swearers, Drunkards, Janeway. Cheats, Pag. 6. and Janeway again in his Ignoramus Justices (but of the other day) takes upon him to Arraign and Declare Law, and to Juggle the People into a Misunderstanding and Contempt of all those wholesome Statutes which the Wisdom of our Forefathers hath provided for the Security of the Protestant Religion, and the Peace of the Kingdom: With this Saucy Reflection upon the Bench in the very Title Page [Some Directions to the Officers that may be Threatened, or Persuaded to Act by such Umwarrantable Orders from such IGNORAMUS JUSTICES.] It is the Opinion of Men well versed in the Trade of Book-Selling, that there has not been so little as 30000 Ream of Paper spent upon this Seditious Subject, in this Late Liberty of the Press. But I shall stop here, with an Humble Recommendation of the whole Matter to the Right Honourable your Lordship, and to the Right Worshipful the Aldermen your Brethren. I shall not need to suggest that the Government of the City can never be fafe, while That of the Kingdom; is in danger for it was notoriously the Effect of this intolerable Licence, that subjected the Regular Authority of the City to Arbitrary Armies and Committees; that stripped the Magistracy of their Privileges and Ornaments, and set up Thimble-makers, Dray-men and Cobblers for their Lords and Masters. I need not mind your Lordship of the Agreement betwixt the Past and Present Degrees, Methods and Pretences of Proceeding, betwixt their Godly Party, and our True Protestants, falsely so called; nay, I have heard of the same Faces now at work again, under the same Vizors. It is not a thing forgotten, that when the fear of Tyranny was pretended, the very Pretenders to those Fears exercised the most Barbarous Tyranny in Nature, themselves; nor was there ever so Base and Scandalous a Vassalage, as that which the unwary Multitude drew upon themselves under the hope of Liberty. The apprehensions of Popery Vanished in the Destruction of the Canonical Clergy; the setting up of a Preaching Ministry concluded in the Plundering, Ejecting, Sequestering, etc. All the Orthodox and Loyal Divines of the Kingdom; turning the Churches into Stables, and supplying the Pulpits with Red-Coats and Mechanics; Consecrating at last, the Pretended Purity of the Gospel with the most UnchristJan Outrages of a Barbarous Sacrilege. A Tory is the Name now, for a Popish Dog, or a Malignant of Forty One: And the Insolency of the Rabble upon Captain Griffith, in November last, when they cried Kill him; he's a Tory, Kill him; knowing him at the same time to be an Officer of the Lieutenancy, an Ancient Common Council-man, and at that instant, upon his Duty, and within his own Precinct. That Insolence (with submission) looks like an Earnest of their good Will to the subverting of the Government in General, and that of the City in particular; and an Essay toward the accomplishing of that Work. To say nothing of other Inconveniencies that may arise by Forcing men upon Personal Revenges, unless these Scandalous Liberties may be Adverted upon by Public Justice. Having here laid before your Lordship both the Quality of the Crimes suggested, and the Names of several of the Criminals; and all of them Persons too, within the reach of your Command: It is not so much L'Estrange, as the Common Voice of an Injured Government and People that makes this Application. But I am further to represent to your Lordship, that at the same time, while these Libellous Papers and Agents go Scot-free, the Authors and Publishers of other Books and Papers, whose Business is only to vindicate the Government from the Forgeries, Calumnies, Malice and Sedition of the Daily Libels of Care, Curtis, Janeway, Baldwin, etc. are Presented, and the Bills found; as Mrs Brome particularly, for the Observator, by a a c●rtain Grand Jury, who, according to their Oath, could neither see, nor hear of any thing on the other hand; while yet at the same time, almost every Stall is covered, and every Coffeehouse furnished with News-Papers and Pamphlets (both written and Printed) of Personal Scandal, Schism and Treason. But I shall now desire your Lordship and your Right Worshipful Brethren to take Notice what it is that the Animals of this Age call the Favouring of Popery, and the Creating of Misunderstanding betwixt His Majesty and People. The Observator, Num. 27. (after some Remarks upon the Practices and Positions of a Fanatical Party) says to this purpose; [Never Mince the Matter; but instead of Demanding This or That, under a Disguise, speak plain, and put the Sense of the Party into the Form of a Petition:] And then follows the Petition at length, in these very Syllables. Your Majesty's most Humble and Obedient Subjects, having suffered many Disappointments, by reason both of Short and of Long Parliaments; and the late Executing of the Law against Dissenters; the Pretences of Tyranny and Popery being grown stale, the Popish Plot drawn almost to the Dregs; and the Eyes of the People so far open, that they begin to see their Friends from their Enemies; to the Disheartening of All True Protestants, and the Encouraging of the Sons of the Church: We your Majesty's Dissenting Subjects, being thereby brought unto so low a state, that without a Timely Relief, We the Godly People of the Land, must inevitably Perish. May it please your Majesty to Grant the Right of Calling and Dissolving Parliaments, Entering into Associations, Leagues and Covenants; the Power of the Militia, War and Peace, Life and Death, the Authority of Enacting, Suspending and Repealing Laws, to be in your Liege People the Commons of England. And these Things being Granted, (whereof your Petitioners stand in great need) if your Majesty wants either Men or Monies, for the Support of Your Royal Dignity and Government, your Majesty shall see what we your Loyal Petitioners will do for you. The Observator abovementioned, concludes in these Words; [All the Rest is Cant and Gibberish; but This is English.] This Personated Petition is no more, in fine, than a Compendium of their Demands and Cemplaints, dressed up in their own Hypocritical Terms: So that the Sedition lies in the Defending of the King's Crown and Dignity, and the Laws of the Land; which necessarily implies an Allowance and Justification of the Libellous Opposers of the Government. FINIS.