A Modest Account OF THE Present POSTURE of AFFAIRS IN ENGLAND, With Particular Reference to the Earl of Shaftsbury's CASE: And a VINDICATION of HIM from Two Pretended Letters OF A Noble Peer. By a Person of Quality. LONDON, Printed for Richard Baldwin, MDCLXXXII. A Modest Account OF THE Present Posture of AFFAIRS IN ENGLAND, With particular Reference to the EARL of SHAFTSBURIES CASE; And a VINDICATION of HIM from two Pretended LETTERS of a Noble Peer. My Lord, I Received yours, in Print by the Penny-Post and expected the Date from R. Abbey, and not from Newmarket, but I understand your Lordship hath given your Agents in this Town the Lie, and not retired to your Countryhouse, upon the Duke's coming; but have rather Posted down to Newmarket, with the new Hosanna, of O Duke live for ever; which was some Years since, O King live for ever. I find your Lordship is no good Judge of Styles, for I can assure you the Letter was not the Earl of S— s, and therefore you do ill to take this occasion of railing at him, unless you are resolved to save charges, and do that in your own Person, which others are so unsuccessfully hired to. It is a notorious false Testimony to say that Earl was raised from a mean Fortune, when 'tis well known his father in 1630 long before the troubles had a revenue between 8 and 9000 l. per annum: And I have heard him often say, he would yield himself to be the worst man alive, if he in the King's service got his maintenance, or did lay up above half his Paternal Revenue, and I think so able a man may be allowed at least, to be maintained in so great employments; Neither do I understand that malicious hint of merited severity, it was never applied to any man that had one of the chief hands in restoring a Prince to his Kingdom; as I know he had and without whose courage and dexterity, some men the most highly rewarded, had done otherwise then they did; therefore I have heard him say often, that the Act of Oblivion was an Act of the King's honour and Justice, as well as his Mercy? it being a Treaty, and Agreement, much more sacred than any Act of Parliament can be, and I must tell your Lordship, and your Friends the Papists; that if you consider what Promises, Declarations, and Engagements the Dissenting Protestants had; both of his Majesty, his Lords, and his Bishops, at the time of his coming over; and how they have been since used, and with what submission and Loyalty they have carried themselves; you will not find a Parallel Instance. But your Lordship's business is, to keep your Hounds in full cry, against the pretended Association, for since you cannot find one really in being; a red-herring from your own Kitchen, must be hunted and trailed through the Kingdom, to make a noise. The malice is more than the wit in the matter. You have broken down your Gates in the Chase, and made so many— Gaps in your own hedges, that your Cattle are broke out and come to the Pound; and what sort of Beast you trade in will be discovered. 'Tis an Impudence beyond the Jesuits, to say that nothing was more exactly proved, nothing more unquestionable and free from disputes, then that the Association was seized in the Earls Closer; Gwyn himself neither does nor dare positively swear it, and 'tis Judged in that great case of Monsieur Fouquet, that a man is not answerable for Papers seized when he is refused to deliver them upon Inventory. Fouquets' enemies were not more bloody and invetterate then the Earls, nor the concern of State against him higher: And yet the Law of Nature and Reason, can never subject a man to so unreasonable a danger. Besides was it ever heard that ever any man was questioned for a lose Paper, without any hand to it, found in his Study, that cannot be proved to this day, nor ever will, that he ever saw, read, or conferred with any about it; Neither is it to be proved notwithstanding all this Popish Clamour and Abhorrours that ever any one man did ever Sign, or Act upon it; or any thing like it. But your Lordship is very plain in the matter, and would have the Parliament men in the House of Commons who promoted the Association; have their heads advanced to the house top. I do not doubt but your Lordship and your friends the PAPISTS are of that mind; but 'tis for some other Votes they then made of declaring Enemies to the King and Kingdom, for otherwise your Lordship and some of your friends, are as much guilty, as any of the house of Commons, of the Association. It being to be proved that the Association, and the banishing the Duke for ever, was your Lordship's proposition in the Lord's house in the last Westminster Parliament. The first utterly disliked by the Earl of Shaftsbury as no expedient they could trust in, since your Lordship and others of your make, could not be kept from being in the head of it. But those eminent and Worthy Persons of the Earl of Shaftsbury's Jury must be railed at, at any Rate: Yet where your Lordship found that Two of the Jury should say; This is the same with that which we saw produced and promoted in the House of COMMONS, I cannot tell, I am sure there is no such Expressions in the Proceed at the Old Bailie, Published by Authority: But between the Veracity of a Condemned Jesuit in Newgate, and that of a Statesman, marked out by a Vote of the House of Commons for an Enemy to the King and Kingdom, I see here is no great odds. Your Lordship hath great Reason to be angry, for I confess they spoiled the best Design was ever laid, by a damned Popish Party: The Government which you call according to Law, with the Help of Irish Witnesses, and well chosen Juries, should have delivered you from all the honest, worthy and considerable Protestants of England, for 'tis plainly confessed by your Lordship how far you meant to go; 'tis a Thousand pities that the City-Charter were not gone, and that your Lordship, might not have the Naming of Sheriffs for London and Middlesex, and then 'tis plain what Justice we should have for our Lives and Fortune: The Masters of the Companies would then be Hanged with the Journeymen. And Sheriff Pilkinton's Conscientious Surry-Jury would be found at every Assizes; Eight hundred pound Damages given to such a Fellow, that proved not a Penny Damage received or possible to be received by it. But since your Lordship hath had so great and good a Design spoiled, I cannot blame you to be angry; but I would very fain guests what you would next be at, or whether your Patience will hold out till the City-Charter be taken away, which I assure myself will be long before it be done, I fear you will resort to back the Pattern in the Mount: And follow the Precedent of your Bloody Predecessors, before that CHARTER be taken away) the Gueses in FRANCE, Cut Our throats and condemn us after; since we will not quietly be condemned first and hanged after; I am sure this is the next step can reasonably be expected from Men of your Conscience, and from the Principles and Interest you are carrying on: Neither let any one blame me for minding you of it, for I believe it hath been long in your mind and often in your thoughts, and therefore I thought it more necessary to warn others of what you are most likely to do. And since you talk so much of Loyalty and Love to Your Prince, I pray God preserve the KING; and keep him out of your and all Papists bloody Hands.— I beg to know to what purpose your Lordship recites, That my Lord Shaftsbury was Lord Chancellor, do you quarrel at any of His Decrees or Actions then, or wherein did he not execute that Office as a Great and Good Man should, and what doth your Lordship mean by the certain strict Test for the Discovery of Popery, opposed by that Lord in Parliament, the Test that was passed against Popery (which every Officer is obliged to take) is notoriously known was principally promoted by Him: If your Lordship mean the other Bill of the Test which He opposed, 'tis the same with what Somebody hath passed lately Somewhere, and is a Great Step to the Destruction of the Protestant Religion. The Truth is there are so many of these downright Popish Touches in your Paper, That I sometimes doubt, whether it be Your Lordships or no? since You are but a young Convert, and yet they say young Proselytes are the fiercest; But this Paper must come from a PAPIST or Voted Enemy to the King and Kingdom, since you tell us, that you would have the Days of DISSOLVING the Two last Parliaments kept Festival Anniversarily, in Commemoration of your Deliverance from those Great and Apparent Dangers, wherewith you were encompassed, whilst they were in SESSION; None but such Fellows and their Faction being then in Danger. But I find your Lordship extreme angry at the Word FACTION; since you will please to have it, that your Worthy ABHORRERS and ADDRESSORS are not a FACTION, but the Total of the King's Subjects, who Conscientiously respect their own Duty and the General Welfare; pray, my Lord, let us examine this Excellent Position of your Lordships setting aside your Heat and Railing. Does your Lordship think that the choice of SHERIFFS, the great care in returning select Men for Grand Juries; The Arts that were used to draw many of them into these Abhorrences, are not well known to All the Nation; We never doubt but you have choice of Gentlemen to make SHERIFFS fit for your TURN, and they, if they prove ill MEN, may find Rogues to make Under-Sheriffs in every County: Neither is it doubted that Seventeen or Eighteen Men may be found in most Counties, for your Turn; although in some (and those great Counties too) you could not find above Thirteen, and in several other Counties you have failed absolutely, and yet all this will not speak your PARTY The Hundred Part of the Nation. Hath your Lordship found out another way to make a Distinction between the SENSE of the Nation, and that of a Dangerous PARTY, than that of the House of Commons? Will you tell Me, That a PARLIAMENT chosen against all the Opposition, Industry, Power and Money of the COURT, is not the SENSE of Greatest Part of the NATION? Will your Lordship affirm, That this is a FACTION, and your Lordship the PAPISTS, the D. of Y. and his Creatures, are the only Loyal Subjects to the King and Government. And what fort of People these make up may be guessed by what you profess yourself for: A Government infinitely worse than that in Turkey; wherein the Law shall be of no other Use, (if it may be as your Lordship would have it,) but as a Mask to the Prince's worst Actions and Tyranny. Our Religion, Estates, Lives and Liberties, your Lordship would have to be Subjected to the Will of the Prince, who being a Man is as capable and liable to be extremely Ill as any other, though blessed be God, for our Good King; besides what Law you allow to this King (who is an Excellent and the Best of PRINCES) as your King, must be allowed to the next, though He be the worst in Nature: And yet You will find out a Way, Yourself to Name to the KING Judges, Sheriffs, and JURIES, and so then all things shall certainly go as the Court and Great Men order; 'tis already so complete in S—, where the Proverb is, Show me the Man and I will tell you the Cause. This is a Way that no Sober, or honest Men were ever for in any Country. The Zeal of your Lordship to preserve the Greatness of your Duke, his Zeal to get a Crown, and of the PAPISTS to introduce their Religion, hath outgone by many Degrees, all that ever went before you. I Acknowledge it the King's Prerogative to CALL Parliaments, but Edward the III. tells us He was sworn by his Coronation-Oath to provide Remedy in Parliament upon Great Emergencies. And our Laws have been very careful to Fix the Frequency of them: And 'tis that only COURT that can keep all the rest useful to the King and People: They are brave Spirits indeed, and blest with a Torish Humility, or rather stupid Folly, if not wicked, Villainous Designs, that are unconcerned when a PARLIAMENT should be called, and leave it to the PRINCE, whether He please to have any or no without affording Him their Advice. The LAW hath given us a Right (nay 'tis our chiefest Birthright, and without which we have nothing left us, but are mere slaves) to PARLIAMENTS within such a distance of Time: The Prince hath the Prerogative of appointing the Day; and Dissolving when the Business is done: But the Prince (some think) is obliged that we have Parliaments within our Time, and continued so as may be of effect to provide Remedies for the Emergent Evils. His Prerogative of Appointing the Day, we hope, will not deprive us of our Right of having them in such a Time, Neither will His Power to DISSOLVE them, we hope, Render them USELESS to Us. I am hearty sorry your Lordship is so ill instructed in the Protestant Religion, That you ask what it is? but you profess, That Yourself and your Fellow-Addressors and Abhorrers are zealous for the Religion by LAW Established in the Church of ENGLAND, so than you do not know the Protestant Religion, but Religion by LAW Established you are very well acquainted with. What security will your Lordship give, That when your Army is completed, and your Militia Abhorrers and Addressors Mustered, That you will not tell Us, The Religion Established by LAW in the Church of England is the Old Popish Religion settled by Magna Charta, which is not Repealable by any future Act. For this Good Old Cause, your Lordship and Friends hath nursed up the King of France to this height, He is now in Christendom, and all Europe is abundantly in your Debt for it. Quantum Religio potuit suadere Malorum! I Own myself a Friend to the Dissenting Protestants, until your Lordship can find out an Infallible decider of points of FAITH.— I can give men leave to differ from me in opinion, whilst they live soberly and honestly by me.— There are none I know so inconsistent with Government as the PAPIST; who owns a Foreign Jurisdiction, and dissolves all Natural Religion to introduce his Own.— And though your Lordship is pleased to add the word Rebel to the Name PROTESTANT; yet it will agree much better with the Papists, whose Religion is Rebellion; and 'tis impossible to find one true Subject of them in the World, (to any but the Pope) if they believe their own Religion. I find your Lordship is very kin● to Court Converts, and will very freely pass over the Blackness of all their former Tiansactions; and you have great Reason, since you are so lately One yourself: But be not deluded, the Papists think not as you think; they never forgive Past Offences.— Argile cannot be forgiven the being his Fathers Son.— Nor the Duke of L— will not be forgiven the having brought the COVENANT into England.— Tw— will find hereafter that 'twill be remembered he sat in oliver's Parliaments. And I should tell your Lordship, that you may suffer hereafter by a string of some bodies providing; but that my skill in Astrology hath told me, a Garter of your own useing etc.— The jealous Churchmen that Govern the Popish Interest never forgive, especially Men capable of thinking and judging other things, than they would have them. Your Lordship is extremely out, when you tell us that the Associations in Queen ELIZABETH'S time, were entered into with her Consent and Privity; when the Queen herself, in her Speech to the PARLIAMENT, in the twe●ty eight year of her Reign: Did protest before God, that she never heard or thought of such matter, being wholly ignorant of it till a great number of Hands, with many Obligations were shown her at Hampton Court, signed and subscribed with the Hands and Seals of the greatest in this Land.— But you are pleased to call the several PARLIAMENTS, that about that time, so extremely opposed the SUCCESSION of Mary, Queen of Scots a PURITAN GANG, and have found out a Clergy, Nobility, and Gentry, in the Clouds, that were of another opinion, no question there were some and great store of PAPISTS in those days, but I am sure the PARLIAMENT were violently against her Succession, as appears in the Rolls: nay▪ and against her life too; for it was then daily experienced, that the Queen was not safe, whilst the Head of so desperate and bloody a Religion as the PAPISTS was in being▪— Pray, My Lord, let me ask you freely, is not this the very Case now? 'Twas the Opinion of our PARLIAMENTS, and the truth appears every day more and more. Pray let us hear your Lordship make a difference between the Case of Queen ELIZABETH, and her POPISH SUCCESSOR, Marry Queen of Scots: (which yourself have so wisely Instanced in and brought upon the Stage) and our Case at this present juncture. Have the PAPISTS appeared less Bloody in their designs since that time? Have they less Passion for introducing their Religion? Did the Queen of Scots discover more Ambition for the Crown of England, than— 〈◊〉▪ She was a Prisoner in the Queen's hands and in custody, and had not the 〈◊〉 of the opportunity— hath, whose French 〈◊〉, possess many of the Governments▪ 〈…〉 To say no more; but Some body's Loyalty is not to be disputed▪ Though I remember the ti●…e when— but hold! I must not run the Parallel too far, least by making too great a Resemblance, I provoke— I could else say much more, but leave it to your LORDSHIP to make it out. But now let us have one Word about the D. We are all Witnesses of the KING'S Marriage by the Advice (as was reported) of the Duke's Father in Law, to a LADY of great Birth, but such as (it is said) the Spanish Ambassador than undertook to prove could have no CHILDREN: And immediately upon this Marriage, we are all Witnesses to our unspeakable sorrow, what followed, which I will not here Perticularize; His unparalleled love to his Prince, appears in all this, and in nothing more than the Civil Treatment the KING at this hour receives from him and his Party, the throngs that tend the one, whilst the Other walks the streets with two or three Pages of his back-stayres: Our KING is the first instance that ever I read off, that hath by those about him, been persuaded to be so willing to settle indubitably the TITLE of his Presumptive Heir; But undoubtedly his MAJESTY hath better Reasons for it then we know of; Our King is not only an excellent well bred Gentleman, but a man of great Abilities and Courage, Three things One that looks High wants: When ever the King desires it He will not want Hundreds of Thousands to die at his Feet: Multitudes do adore him that hate and fear the Religion and Temper of—▪ Pray God bless the King, and give him yet more and more the Spirit of discerning his Interest and Friends, and the Courage to deliver himself from the hands of all unworthy base TRAITORS, as would encompass Him, Shall ever be the hearty Prayers of. Yours, etc. THE POSTSCRIPT. ONE Thing I had almost forgot, which is this, that it shows, in my Opinion, very mean and degrading for a Person in your Lordship's Station, to be continually troubling the Press with little Pamphlets, as if your Lordship had nothing to do, but to vent every conceit and acquaint Notion that comes into your Head in Letters to your Friend: The General Conduit-pipe that conveys Whim and Fancy now a days through the Nation. That many Great Statesmen have been famous for cherishing and encouraging the Fomenters of Distraction and Dissensions, as their several Interests by affect them the Stories of their Lives declare; however than they always stood behind the Curtain, and played least in fight themselves: But for your Lordship to turn Paperwaster, and thrust yourself among the Throng of Town-S●…ble●…s, shows an eagerness of appearing among the Rabble, mis-becoming your Grand●…. It looks like Nero among the Fiddlers. But your Lordship gives some Reason for your Condescension. For 'tis plain from your Writings, That your Counsels have been 〈◊〉, that is not say, have proved unfortunate; therefore in point of HONOUR you can do no less than defend the Natural Issue of your Brain, and therefore it is, that you cannot choose but fume and fret to see a PLOT so well laid prove so ineffectual. But whether you have done either politicly, or prudently to lay yourself open to the World, by venting your Peaks and dissatisfaction against the Darlings of all true English Men, that value their Lives and Liberties, I mean JURYMEN of Integrity and Conscience, your Lordship best knows. However your Lordship's Moral Philosophy seems to fail you very much, since your Lordship cannot but know how oddly and capriciously Fortune behaves herself in this World. The Mischief o●t is, and that which grieves me most, that your Lordship, the only Eminent Lord in England for putting Pen to Paper, unless the Lord Castlemain, should be no less unfortunate in your Argument than in your Counsel, by Undertaking to Cavil with Conscience, which let your Lordship say what you can is that which must Govern the Peace and Tranquillity of this unruly Sublunary Spot. Had it been a Thesis in Philosophy concerning the Ebbing and Flowing of the Sea, or in Mathematics, concerning the Probability of the Flying Engine, it had been but manners to have granted your Lordship the point. But where the National Concerns of Life and Liberty are at stake, we cannot bate your Lordship an Ace. Your Lordship would do well to consider that you Live in an Abbey; and therefore if You do not like it, you had better sell it, than sit contriving ways to have it taken away. Certainly Ambition was never at a greater height than now, while men aspire not only to Outwit one another, but to Outwit themselves; the Impulse of Jesuitical Sublimity putting them upon the fond Toil of Endeavouring to surpass Humanity, and to spin out the Thread of Politics to that Invisibility, till it snap with its own Fineness. These are the Snares, which the cunning Jesuits have laid for Us Englishmen, whose duller. Apprehensions, as they believe, not being able to reach their Seraphic Acuteness, they laugh to think what sport they shall have to vapour over out unwary Politicians, when hampered in the Vulcan's Nets of their own framing. But if your Lordship, who has the applause of being a Divine as well as a Politician, would but consider how easily Tricks and Subtleties are obviated by a Noble, Generous, and Magnanimous honesty, the best of all Policies in the world we might then by your good Counsel, hope to see a sitting Parliament again, which is only dreadful to the conscious, like General Counsels to the Pope, where your Lordship might sit safe for what your Virtues, not your Failings deserve. FINIS