THE LEGACY OF John Wilmer, Citizen, and late Merchant of LONDON; Humbly offered to the LORDS and COMMONS of England. Felix quem faciunt aliena Pericula cantum. LONDON, Printed for the Author, MDCXCII. TO THE Nobility and Commons OF ENGLAND. ALthough (my Lords and Gentlemen) I have read many Men, yet few Books; so that it is not my Talon to write in an eloquent Rhetorical Style, and therefore hope you will pardon my blunt and plain way of writing. The substantial Matter of these following Papers I drew presently after my Return from Holland in January last was three Years, but did by the Advice of Friends forbear publishing them at that time. The Excuse for my Boldness in dedicating these Papers to you, is because they do of right to you belong: You are the right Heirs at Law to them; for though in the Matter of them I am wounded, yet it was for warding the Blow from you, at you was the Blow aimed. The Reasons for my publishing them now, are, First, to discover some Particulars, which it may be might be unknown to you, that for the sake of Posterity I would not bury. And secondly, because of my Intentions in some short time for Jamaica, from whence it is very probable I may never return, having here no way to employ myself; and there I hope, with God's Blessing, I may make some Provision for my poor Children How little soever, for your sakes, I am made, or whatsoever corpse Usage I meet with, it will be a Comfort to me, if you make good use of it for yourselves and Posterity, that you may not be lessened and made little. I am sure you were not abroad so accounted, nor can be made so at home, without you bring it on yourselves by your own Act and Deed, by your Clemency to the Traitors and Betrayers of your Liberties. The choice of three things lies now before you; to be great, or to be little, or to be nothing: Vtrum horum mavultis accipite. These Papers are not to stir up your Anger or Revenge at what is past, but rather to look forward, to prevent the like Mischiefs for time coming: and I hope your profound Wisdom and Prudence will take care to build up the old waste Places, and make good the Fences and Bulwarks, that neither the wild Boars of the Forest, nor Wolves in Sheep's Clothing, may be able to break over; and stop up the Holes, that the Foxes, the little Foxes, may not creep through, and hurt the Sheep and Lambs of the Flocks: that all your Fortifications may be so artificially strong, that no Confederacies of Jesuitical Priestcraft, with their battering Rams, may hurt, annoy or endanger them. Many great and weighty things are before you, and one thing I humbly recommend to you; Let not the black Infamy and horrid Imputation of Self-Murder lie on the Memory of my Lord of Essex, nor on the Family of so great a Man, who was to all that knew him, a Man great for Wisdom and Parts, and for Love to the Liberties of Mankind, valued neither Life nor Honour, nor any thing else in this World, in comparison to them. That which prompts me to say this, is, Though I cannot point out the individual Murderers; yet I can give that circumstantial Proof that shall satisfy all Mankind, that the cutting his Throat was designedly premeditated both for Time and Place, and perpetrated by bloody Men. It may be some Men, for supposed Reasons of State, may oppose doing of Justice to the Dead, or making Reparation to the Living, as being ill Precedents, and which may be of dangerous Consequence to encourage others to withstand the like black Attempts, if they should design to begin where the late Reigns left off. I will hope that amongst others of your weighty Affairs, you will carefully maintain and defend the Right of Juries, which are the Shields and Bucklers under a Civil Government, to defend you in the quiet possession of your Lives, Honours and Estates. If Corruption be amongst them, no Punishment can be great enough; but if no such thing, it may be of bad Consequence to have them punished, ruined and undone, merely for giving in Verdicts according to their Consciences, guided by right Reason. Bear with me, I beseech you, my Lords and Gentlemen, in declaring that I am fully satisfied, that before the Sword of the Lord that is drawn be put up, he will convince the World of Sin, of Righteousness and Judgement; he will open the Eyes of this blind World, and make them see their mad Wickedness and Folly. That the great God of his infinite Mercy would give you true Wisdom, to be Healers of our Breaches, and Restorers of our Paths to dwell in, is the Prayer of, My Lords and Gentlemen, Your humbly devoted Servant, J. Wilmer. THE PREFACE. WHAT Pains did evil Men take in the late Reigns to ruin these poor Nations? What Mischief, what Ruin was then brought upon us? The old Tyranny of Nero, Caligula and Domitian, seemed to revive again in our late Kings. Certainly there was never such a villainous Attempt or Contrivance as then appeared, to forge a Plot upon all the Community at once, a Conspiracy to destroy both Lords and Commons by a Company of Miscreants and Varlets! How were they kicked up and down all over the City and Country, as if none else had Sense but those Kings, their Courtiers and Clergy; and as if the Nobles of the Land, with the Representative Heads of the People, instead of being a Fence and Bulwark to the Nation, and for redressing their Grievances, in punishing Offenders, and relieving the Oppressed, and making good and wholesome Laws for the Weal-public, were only summoned together to be like Pharaoh's Egyptian Taskmasters over the People, and only to raise Money to be laid out and expended, to gratify the ambitious Lust and arbitrary Will of the Tyrant, and thereby to enable him to oppress, depress and destroy the People. I remember an old Story, and 'tis this: In the beginning of the Reformation here in England, the Romish Priests in foreign Countries, told their People, that since English Men were turned Heretics, God, as a just Judgement upon them, had miraculously caused long Tails to grow on their hinder Parts, like those of Monkeys. And we were treated in the late Reigns, as if our freeborn People bore only the Shape of Men, but were a sort of Animals much resembling Baboons and Monkeys, only dressed up in men's Apparel, but were to be treated as Children do Hobby-horses, or used only in places of Asses to carry Burdens. Indeed in all Ages Kings have found Evil Counsellors, and Priests for their Turn, to help to befool and lead by the Nose the rest of Mankind. In the late Reigns, how did it look like a Design and perfect Agreement between the Kings and some Clergymen, for the latter out of their Pulpits, by their Doctrines of Nonresistance and Implicit Obedience, to preach up the former to be as Gods; and in requital the latter were promoted to the best Dignities in the Church; that by the mutual assistance of each other, the Kings might enslave the Bodies and drain the Purses, and the Priests enslave the Souls, and ride the Consciences of all Men? But after our late State-Mountebanks had thus for a time tried their Tricks, at length they felt the Weight of the Nation to fall like a Millstone upon them, and found that the People of England would be the People of England still, and be governed as reasonable Men and freeborn Subjects. Nevertheless in every bad Reign Evil Counsellors will be at the old Game; and better is not to be expected, unless in a good one we find Justice to be executed in Terrorem, and it be made the Interest as well as 'tis the Duty of every Man to serve the Public. The Politic States of Holland do make it so; and thereby is it, that they not only stand, but prosper, and are well served: for every private Man there finds his Account of Interest and Profit in serving the Common Good; whereas here in the late Reigns every Judas to his Country, that most betrayed the fundamental Rights, and debauched his Country, had Honours and Profits for so doing; and on the contrary, where any stood in their way to oppose them, they were certainly taken off or ruined. Which shows how precarious the Lives, Liberties and Properties (as also the Religion) of the People of England were made. What Rapines, barbarous Murders and Outrages were in the late Reigns! such as no Chronicle can parallel. Ahab and Jezabel's Murder of Naboth, and taking possession of his Vineyard, so blackened in holy Writ, and so revenged by God, seems to be far outdone by the cruel and barbarous Murder of the Brave and Noble Earl of Essex: the first was done in the face of the World; and owned; but the latter in Huggermugger, when he was under the Custody of the Law in Confinement; and which highly aggravates the Heinousness of the Fact, it was perpetrated at that moment when it was made to serve the wicked Design of destroying another of our greatest Men, the Noble Lord Russel: And lastly to throw the Odium of it on himself; which if England take not off, I am sure will cost them dear, and they must feel the Vengeance of Heaven until Justice be in some kind satisfied. When we took God's Way, he blessed us; and when we return to him, he will return to us, and bless us again. I cannot but admire the Fineness of God's Providence, how he called forth the Virtuous, Puissant and Illustrious Family of Nassan, to rescue his People out of the Jaws of Spanish Tyranny under Charles the Fifth, and broke that Hellish Yoke made by Popish Priests; and now to call the same Family, in his present Majesty, to break the French Yoke: This is a stupendous Providence, an amazing Work, which will give him a glorious Name, more lasting than that of Sons and Daughters. God is shaking the Earth; he hath begun with us in Jamaica in a terrible manner, and since hath come to our own Doors, and given us a Warning of his Power, to show us what he can do. Let us labour to understand the meaning of the Voice of God in the Earthquake: Shall we say the People of Jamaica were more wicked than we, because they perished? I tell you, God seems to call to us in this still Voice, and say, Repent, or ye shall all likewise perish. Let us away with our dastardly Cowardliness, and sordid Covetousness, and Selfseeking, which is the Root of all Evil; and seek more the things of God, and things of good Report amongst good Men in our Generation. Let us reform and amend our Manners, our Ways and Do, or else leave those Names of Protestants and Christians: for our Immorality is a Shame to them all, and the old Heathens and Turks will condemn and rise up in Judgement against us; and it will be more tolerable for them in the Day of Judgement than for us. The CASE of JOHN WILMER, Citizen, and late Merchant of London. With Reflections thereupon. SECTION I. THAT there was a damnable Conspiracy to introduce Popery and Arbitrary Government, carried on long before the great Alarm thereof was given to the three Kingdoms about the Month of September, 1678, was well known to all thinking Men, and is now put out of question; as it is that the late unhappy King James gave Life to it. The House of Commons in the first Westminster Parliament, after the Dissolution of the Long Parliament in January, 1678, declared, That the Duke of York being a Papist, and his Hopes of coming such to the Crown, gave Countenance and Encouragement to the Popish Conspiracies. It appeared at that time to both Houses of Parliament, by Letters from several Cardinals and others at Rome, that the Duke held great Correspondences with the Pope, and that his pretended Holiness could not but weep for Joy at the reading some of the Duke's Letters. Whereupon a Bill was brought into the House of Commons, to disable the Duke to inherit the Crown; which upon a second reading in a Committee of the whole House, being carried by the Majority of near two to one, that Parliament was dissolved, and never sat more. The honest and most necessary Resolution then taken, being thus defeated, to the Grief and Astonishment of the greatest part of the Nation, the undernamed Lords and Gentlemen, viz. the Earl of Shafesbury, Earl of Huntingdon, Lord Grey of Werk, Lord Russel, Lord Cavendish, Lord Brandon, Thomas Wharton Esq; Sir William Cowper, Sir Gilbert Gerrard, Sir Edward Hungerford, Sir Henry Calverly, Sir Scroop How, Thomas Thynne Esq; William Forrester Esq; and John Trenchund Esq; went in Person upon the 26th of June 1680, and presented Reasons to the Grand Jury, which served in the Court of King's-Bench for the County of Middlesex, for the indicting the Duke of York as a Popish Recusant; whereupon that Jury took the Indictment into Consideration. But the Judges of that Court getting Information thereof, sent for the Jury, and in an unheardof manner hastily dismissed them at a time when many other Indictments were depending before them. The former Lords and Gentlemen no way discouraged by the aforesaid denial of Justice, upon the 30th of July following, together with the Earl of Clare, Sir John Cope, Sir Rowland Gwynn, and Mr. Wandsford, did personally prosecute the same Accusation against the Duke before a second Grand Jury; but they were in the same arbitrary manner dismissed by the Court, to the obstruction of that Prosecution. In the ensuing Michaelmas Term, 1680, I John Wilmer was returned and sworn upon the Grand Jury, which served in the Court of King's-Bench for the County of Middlesex: at that time began the Parliament, commonly called the second Westminster Parliament from the Dissolution of the late Long Parliament; and upon the 11th of November the House of Commons passed a Bill entitled, An Act for securing the Protestant Religion, by disabling James Duke of York to inherit the Imperial Crown of England and Ireland; which Bill was upon the 15th of November carried up to the Lords by the Great Lord Russel, attended by almost all the Commons. My then Station as a Grand-Jury-Man, my Duty and my Oath obliging me thereunto, and I imagining that the just Prosecution of the Duke in the Court of King's-Bench, might facilitate the passing that Exclusion-Bill, which was then set on soot and carrying on by the great Council of the Kingdom, as the only humane Security for our Religion and Liberties; I brought in a Bill of Indictment, which the present Mr. Serjeant Rotherham drew up, against the Duke as a Popish Recusant. This Indictment was found by that Grand Jury, and presented to the Court. That the defeating of that highly necessary Bill of Exclusion, laid the Foundation of all the Calamities which the three Kingdoms do to this day so sensibly feel and groan under, will not be now controverted: and 'tis as certain that hence sprung my future Sufferings. It may not therefore be impertinent to remember the World in this place how it fared with that Bill in the House of Lords; and I shall do it in the very Words of an Author, who in his Preface asserts that the Nation is not a little obliged to Sir Roger L'Estrange, a Person who (says he) might be compared to some Pictures that are placed too near the Sight to discover their true Value; and that he is confident that the next Age, who will behold him at a more advantageous and impartial Distance, will have a truer and far greater Esteem of his Merits. This very Author obligingly tells us, that on the second reading of the Exclusion-Bill in the Lord's House, it was debated till 11 a Clock at Night, (the King being present all the while) and then thrown out by a Majority of about 30 Votes, in which Majority were all the Bishops then present, which were 14. The foregoing Account may be found by the Reader in a very villainous Book, wrote by James Wright Esq; entitled, A compendious View of the Tumults and Troubles of this Kingdom, from the beginning of the 30th to the End of the 36th Year of his late Majesty King Charles the second of blessed Memory, page 90. printed 1685. Much good may do my Lords, the fourteen Bishops, with the Honour here done them by this their Admirer. But I cannot withhold myself from observing that the Bill was read once in the House of Lords; and being ordered a second reading, Blessed Memory (that neverfailing Defender of the Protestant Faith) did in Person solicit the Popish Cause; and by his Influence, and by the helping Hand of the fourteen Fathers, we were fairly kidnapped to Rome, and are yet to seek in what Court to bring our Writ de homine replegiando, in order to the obtaining a Capias in Withernam against them: But 'tis out of doubt that the Prosecution of our Deliverance hath already (besides a Sea of precious Blood) cost the Nation more Treasure than the said Bishop's Lands are worth a hundred times over. Some modest Reflections on the first Section. THE two great Points that Mankind ought in this Life to be most careful in, and concerned for, are first his Duty to, and Worship of his God; and the second is like unto it, his Duty to his Neighbour: which is not only in particular to his Country and Countrymen, but to all Mankind in general. Now the Laws of England bind every Man in his Station to maintain, defend and preserve the Civil Government, and the Protestant Religion, and to let and hinder, what in him lieth, that may endanger either of the same. In the Year 1678, was a discovery of a dangerous and hellish Plot of the Papists, that threatened the Ruin of the Government, with all our Civil and Religious Rights: this wrought in most Men great Thoughtfulness which way to secure themselves and the Nation from this threatened Ruin; some were for this, and others were for that: but in fine, the Parliament saw no other way to secure the Nation, but a Bill of Exclusion against the Duke of York, he standing next in Succession to the Crown; upon which the Papists built great Hopes, and were mightily emboldened and encouraged by him and their Priests, to carry on their Designs for the rooting out the Northern Heresy, as they called the Protestant Religion. And as the Parliament was herein busied, so every honest Man looked upon himself in Duty bound to assist them in so necessary and good a Work. I being then on the Grand Jury, attending the Term, and all Men do or should know a Grand Jury is a Jury of Enquiry, I taking notice how illegally the Chief Justice, the Term before, prevented the Indictment against the Duke of York, and perceiving what Heats and Quarrels it begat in City and Country, about drinking his Health, some affirming he was a Protestant, and others refusing it. As he was a Papist, I thought it my Duty, being then on the Jury, and being satisfied in my Conscience of his being a Papist, I did upon a Political Account bring in a Bill against him, which was proved by Witness, and found by the Jury. The Reasons that moved me to bring in this Bill, were as followeth. (1.) As he was next Heir to the Crown, which if he came to, would endanger the Overthrow of the Protestant Religion both at home and abroad, in regard of his Jesuitical Bigotry, and fast Friendship with the French King. (2.) As he was Brother to the then present King Charles the Second, on whom he had a mighty Influence, and who himself also had as good a Mind to the Work, but acted more craftily, and was not willing to go his Brother's pace, but take slow and sure Steps; for I then could as well, and by substantial and credible Witness, have proved him as much a Papist as his Brother: but that was none of our Work, nor lay before us, for that a Law was made in the 13th Year of his Reign, making it a high Misdemeanour for any to say the King was a Papist, or Popishly affected. (3.) The finding this Bill, and the farther Prosecution of it, would animate and put Life into the Protestants, and be a Check to the Romish Zeal in their Designs, and would also put the King upon considering of not venturing all upon the Cast of a die; especially the Parliament's being then awakened to encourage it, and to back it with a Bill of Exclusion. And I declare to all the World, had the Duke of York been a private Person, he might have lived and died a Papist without the least disturbance from me, it being always my Judgement not to disturb or prosecute any Man barely for his private Opinion, so he were not prompted thereby to Designs for disturbance of the Government and public Peace. But by my doing this, I knew the War was begun, and my Name in the black Book, and I had hereby exposed myself to all the Rage and Malice of the Popish Party, that they would never leave pursuing me, until by one way or other they had my Blood, or ruined or removed me out of the way; the first God prevented, the latter they effected. SECT. II. IN a short time after the rejection of the Bill of Exclusion by the Lords, the second Westminster Parliament being dissolved, another is summoned to meet at Oxford upon the twenty first of March, 1680/1: but in the interval, Discovery being made of a horrid Conspiracy to shame the World with a pretended Protestant Plot, Fitz-Harris a Papist, who had been employed at Whitehall to carry on that cursed Intrigue, being detected, was committed to Newgate: but that the Villainy might not be pried into by the Magistrates of London, he is soon catched away, and removed to the Tower. The Parliament being assembled at Oxford, the Commons fall upon this matter, and draw up an Impeachment against Fitz-Harris: but to obstruct their Enquiry into the Case, they are also dissolved, having first passed a Vote, declaring, That for any Person to try Fitz-Harris, (his Case being before the Parliament) he should be deemed and taken for a Betrayer of the Liberties of the Nation. Nevertheless Sir Francis Pemberton is instantly made Lord Chief Justice of the King's-Bench, and undertakes to try him, I being then returned upon the Panel for his Trial: but it was remembered at Court, that I had lately brought in a Bill of Indictment against the Duke of York; I must therefore be kept off from this Jury, and was excepted against by Mr. Attorney General, Sir Robert Sawyer, without any Reason shown for it. Fitz-Harris being tried, condemned and executed, to the unspeakable Joy of the Papists and their Adherents, who above all things dreaded the Discovery which he might and would have made, they were no way discouraged at the unlucky Miscarriage and Disappointment (or rather Delay) of the Resolution taken to turn the Popish into a Presbyterian Plot, but were found to prosecute it with all imaginable Application. Reflections on the second Section. WHat were Mr. Attorney's Reasons, upon the King's Account, to except against me, are best known to himself; but I had a strong Presumption one chief Reason was, that I had brought the aforesaid Bill of Indictment in against the Duke of York; and therefore might be likely also to puzzle this great and mighty Affair of the Papists upon the Wheel, to take Fitz-Harris out of the way, either by urging and insisting upon the Vote of the Commons, or by bringing in a special Verdict, and so have thrown it wholly upon the Judges: But I had a Writ of Ease from this Trouble; and so a Jury of honest Men I verily believe was sworn; and Fitz-Harris was convicted, condemned, and executed; which occasioned great rejoicings and Acclamations at Court, that such a dangerous Conspiracy of theirs, against the Parliament and Nation, should be no farther discovered. SECT. III. THE Popish Plot being laid aside, the Witnesses who came out of Ireland, to prove the part thereof which had been carried on in that Kingdom, were in order to the new Intrigue tampered withal, and the Relief and Support which the King had allowed them was withdrawn; hereupon, some of them listed themselves in the Plot-Office at Whitehall, and were well fed and clothed: others of them applied themselves to several Citizens, making woeful Complaints of their distressed Condition; whereupon, myself (amongst many others) commiserating their Distress, esteemed it my Duty to relieve them that had discovered a Plot against the Lives and Liberties of Protestants, and frequently gave them Bread in their Necessity. Thus for some time they continued in the City, but every day looking blacker and darker, without any prospect of a Parliament to defeat the bloody Designs of the Popish Conspirators, these Wretches not being Temptation-proof, and observing that their Brethren at the other end of the Town had better Quarters and Entertainment, they were also hereby carried over and listed there. These Men had often intimated to me what large Offers were made them if they would come over and swear for the King, (as it was termed;) and four of them, viz. John and Denis Macknamar, Brian Haines, and Bernard Denis, being listed and entered into present Pay, they watched an Opportunity at a Tavern which I mostly dined at, and inviting me to a Glass of Wine, complemented me with many Expressions of Thankfulness for my Kindness to them, assuring me that they should always retain a grateful Sense thereof. After the drinking a Glass or two of Wine, John Macknamar did further enlarge to this effect: Sir, you have been a kind Friend to us all, and helped us with Meat, Drink and Money, when we were slighted and cast off by others; and your Kindness to us shall never be forgotten; therefore we could not part with you, until we had expressed as much, and to let you know further, there is a Business will shortly come upon the Stage which will make thousands be amazed, and their Hair stand an end. They then bid me not be troubled nor afraid, and swore, not a Hair of my Head should be touched, for they would stand between me and danger for old Kindness-sake: John Macknamar farther added, the Scene will begin with Stephen College, my Lord Shaftsbury, and others. He having thus expressed himself, I thanked them all for their Respect, but thought it not prudent to ask them any Questions, and therefore took my Leave civilly of them. Soon after College, and then the Earl of Shaftsbury, were taken up and committed to the Tower for High-Treason, whereby I was confirmed in the Belief of the Villainy of these Irish Men. The Midsummer-Quarter-Sessions (1681) approaching, great was the Expectation of the whole Kingdom what Proceed there would be had against the Prisoners in the Tower. Mr. Bethel and Mr. Cornish being then Sheriffs, and they wellknowing that honest and able Juries were the great Fence and Bulwark to the Lives and Estates of all Men, they took special Care to return such to serve at this Sessions, as in truth they did upon all other Occasions, insomuch that in the End of their Year, the Lord-Chief-Baron Montague gave them this Encomium openly in Court, That in all the Verdicts of the several Juries in Causes tried before him, he never saw more equal distributive Justice in his Life; and that he did in every one of them, in his own Judgement, both in Law and Equity, concur with them, and thanked the Sheriffs for their Care. Reflections on the third Section. MY Lord Shaftsbury, and Stephen College (called the Protestant-Joyner) with others, being in the Tower upon the black Imputation of High-Treason, it filled the City and Nation with Discourse; every one speaking and giving their Judgements as they stood affected; some decrying them at a strange rate, blackening them as much as they could; others were more mild, and looked upon it as a Sham-plot. And farther note, by the way, at this time, by the Cunning of the Jesuitical Priestcraft, were the Nicknames and Distinctions of Whig and Tory trumped up, and under those two Names were listed Persons of all Ranks; like as among the Italians were the Names of Gwelf and Gubeline; and such Heat between Whig and Tory, and such Folly and great Partiality, that no Reason nor Moderation could take place; but the Tories had the advantage of the Whigs, having the Court and Judicial Government on their side; but to speak the Truth modestly, the Whig had the Law and Equity on theirs, however there was too much of Warmth and Passion in either Party. But to return, The Midsummer Quarter-Sessions drew near, and great were the Expectations of both Parties, what Proceed would be against the Prisoners in the Tower for High-Treason; the Friends of Shaftsbury and College bethinking themselves what honest, just, and reasonable Methods were to be taken. SECT. iv I Being returned upon the Panel of Jurors for this Sessions, and appearing at Guildhall according to the Summons, I was sworn Foreman of the Grand-Jury. After the Dispatch of the City-Business there, the Jury were adjourned to the Sessions of Oyer and Terminer at the Old-Baily, where there was a great Appearance of the Nobility, and no less than eleven of the Twelve Judges. The first Day was chief spent by the Judges, Mr. Attorney-General (Sawyer,) and the King's Counsel, in Debates with my Lord-Mayor (Sir Patient Ward) and the Sheriffs, about the Panel of the Grand-Jury: It was insisted upon to have a new Panel, or one or two at the least of the Panel struck out, and others taken in. The Bystanders who knew not the Intrigue of the Court, were put into admiration at this unusual struggling to change the Jury; but the Plot-managers did well remember, that I had brought in a Bill against the Duke of York for Recusancy, and therefore was not a sit Person to serve the present Turn. The Judges pressed the Matter upon the Sheriffs with all imaginable Vehemency; but Sheriff Bethel made answer, that he knew the Duty of his Place by Law; and told the Judges positively, that he would not change one of the Jury: Whereupon, Mr. Attorney said, Well, if you will not part with any of the Jury, we will try them with one Bill, and so slung into the Court an Indictment of High-Treason against Stephen College, and moved that the Indictment might be read, and the Witnesses heard in open Court, which was granted. Reflections on the fourth Section. THere was in this juncture of Time such a Turn to be served as scarce any Age can parallel: 'Tis certain no History since the Reformation shows any thing like it; We had had a manifest Discovery of a hellish Popish-Plot, that had been prosecuted; and three successive Parliaments had been intent upon the Exclusion of the Duke of York, as the head of that Plot, and the fountain of all the Mischiefs thence threatening these Kingdoms. But now the Conspirators took heart, the Plot must be no farther prosecuted; but to divert from it, the Nation is to be amuzed with a shame Protestant-Plot; and proper Judges being placed on the Bench, there only wanted Juries for the Purpose: The worthy Sheriffs of London, Mr. Bethel and Mr. Cornish, not gratifying them therein, we here find the Judges and King's Counsel attempting to usurp their Office, and in effect, to assume to themselves a Power to return Juries: for what difference is there between the doing that, and the taking out and putting into the Panels at their pleasure? The Honesty and Courage of the Sheriffs can never be sufficiently commended: Had not they stemmed the Design, what a torrent of Mischief, what a Sea of Blood should we have instantly beheld? but being here happily checked, Mr. Attorney said, in a Passion, He would try the honest Jury now returned with one Bill; from whence we may fairly infer, that as they had a Set of Witnesses, such as they were, so they had Indictments and Accusations enough at hand. SECT. V THE Witnesses produced, were Sir William Jennings, (now in the Service of the French King) the two Macknamars', Smith (called Narrative Smith) alias Barry, Bernard Denis, and Brian Haines. Some of the Jury took their Evidence in Shorthand; the Substance whereof was, That the Lords and Commons of England were engaged in a horrid Plot to seize the King at Oxford; wherein they swore 40000 were listed besides Householders, and that they had provided 100000 Arms, and 1500 Barrels of Powder, besides some particular Arms which College had in readiness for himself. The Witnesses having told their Tales to the Court, before the Jury withdrew, I moved the Judges that the Witnesses might attend the Jury in the Grand-Jury-Chamber, to the end that they might ask them some Questions, if upon the Debate of the Evidence which had been given, it should be found requisite; that being granted by the Court, the Jury retired to consider of the Evidence: some of them declared that they observed the Witnesses to have Papers in their Hands in the Court, that while one was giving his Evidence, the others were cunning their Lessons; and most of their Papers appeared to be much interlined, and all of them to be written by one and the same Handwriting, as near as could be guessed. The Jury called the Witnesses in before them one after another, and demanded of them to rehearse the Evidence given in Court; and those that took it in Shorthand, to observe whether they varied, and wherein: they were also put to answer such Questions as were proposed to them. When the Jury had dispatched the first of the Witnesses, they directed one of their Officers to take him aside, that none of the others might speak with him until they had finished with them all; but by that time they had half done, the Lord-Chief-Justice sent a Message requiring me to attend him; and coming before his Lordship, he said, Mr. Foreman I understand you imprison the King's Witnesses: To which I answered, My Lord, I understand no such thing; we only keep those we have examined apart from those we have to examine, that we may find out the whole Truth, and be able to do Right and Justice both to the King and to the Subject. The Lord-Chief-Justice replied thereupon, You had best have a care what you do; and so I returned to my Brethren, and we went through the Examination of all the Witnesses, and then compared what they had sworn in Court with what they had now sworn before us, and found them greatly disagreeing and contradicting one another in many Particulars: whereupon, every individual Person of the Nineteen which were upon the Grand-Jury, gave his Verdict Ignoramus, which I, as the Fore man, endersed upon the Indictment. Reflections on the fifth Section. HEre the tragical Show and Scene of Swearing begun, even to make the Hairs of thousands stand an end, according to the Phrase of the Irish Men: and sure I am, many seemed sad in Countenance, and struck with Fear, not knowing what Event might happen. Our Task being of that mighty Importance and Difficulty, it required Men of far greater Depth and Sagacity than we were of, to manage such an Affair methodically, and to purpose. Here was first a Difficulty and Innovation upon us, in the Court's ordering the Witnesses to give their Testimony in open Court; a new Thing, and not heard of before; and indeed if we had asked them any Questions in open Court, it could scarcely have been consistent with a Grand-Jury-Man's Oath, (at least I thought it so;) for how can the King's Secrets and our own be kept, if all Examinations and Debates be in open Court? besides, it's an Awe upon, and takes away all the fundamental Freedom and Liberty of Juries, and would quickly render them useless, and all Power would soon centre in the Judge, and his being from the King, durante bene placito; then the Law in his Breast, would be according to the Saying in Juvenal, Sic volo sic jubeo, stat pro ratione voluntas. Would not the People then be in a sine pickle, and the Lords and Commons of England be in the same State with Sheep and Calves in Smithfield-Pens, first to be brought thither by every Court-Jobber and State-Higler, and sent to the Shambles by every But herly been placito Drudge? The Witnesses had very large Consciences, for they bring all into their Net: First, the Lords and Commons in general: Secondly, Forty thousand in particular, that were listed; and thirdly add, besides Householders, an indesinite Number, so might take in the whole Number or Householders; in which Rank, we looked on ourselves as comprehended. Surely these Irish thought this Swearing in England, must answer the cutting Protestant Throats in Ireland in 41, that none must scape them; so that had we found the Bill, Billa vera, we might have brought in every individual English Man for a snack. It's strange such a general Plot should be, and none of us know one word of it, but these Irish Men, and those to whom they pleased to impart it. And as for the 100000 Arms, and 1500 Barrels of Powder, they could never be found to this day; if they now could, they would do our King William a Kindness at this time. Our Dear Joys, with their Popish Masters at the Plot-Office at Whitehall, thought the English Protestants had very thick Skulls, or little Wit, Honesty or Courage, to be frighted out of their Senses by their horrid Swearing, or rather Forswearing themselves: If any of our Priestridden Tools, or the Jesuitical Bigots can yet make this Plot plainly appear, now we have a Set of honest Judges, and honest Juries too, if it be not our own Faults, I am content still to take my Trial as one of the chief guilty in it; and I do hereby promise them, I will take no advantage of any Act of Grace made since, by pleading any other Pardon than only for the single Act of Coming over in the Descent with his Highness the Prince of Orange, which was not until all the Foundations of the Government were broken up. It is also farther more strange, if there were such a general Plot, that never a one of us, amongst whom many of us were wholly Strangers one to another; and I can truly say, to my knowledge I never saw the Faces of many of them, before they came upon this Jury; I say, that all the nineteen of us should immediately, at the first sight, enter into a Combination to smother and stisle the Discovery of so horrid and detestable a Plot, and not one of the whole 19 to this day tell Tales, and betray the rest: nay, it is so far from it, that I hear not one of that Jury reputes of the said Verdict to this day, but is of the same Opinion still; that they were not only then in the right, but now would do the same, were it to be done again. I think 16 of us are now living; if any of the Popish Party have a mind to inquire farther, or question the Truth herein, I refer them to the rest of my Brethren for their further Satisfaction. SECT. VI THE Indictment being carried and delivered into the Court, some of the Judges, with the Attorney-General, seemed much concerned that the Bill was endorsed Ignoramus; especially the Lord-Chief-Justice Pemberton, who demanded of me, being Foreman, what Reason the Jury had for this Verdict? I replied to his Lordship, I humbly conceived we are not bound by Law to give any Reason: The Chief-Justice thereupon said Will you give none? I answered, No my Lord; but after a little pause said, We have done according to our Consciences: upon the hearing whereof, some Counsel in the Court said aloud, That is a good Reason. The Chief-Justice than spoke to my Lord-Mayor, that the Jury might be discharged; but he replied, it could not be, for after the Business ended there, they were to attend at Guildhall at the Sessions of the Peace. The Attorney-General then moved that they might never more be Jurymen. Reflections on the sixth Section. WHat Disappointment is here, and Concernedness for it! I always thought the Judges were to be indifferent Persons between the King and People, and keep only to the Rule of Law, without Partiality, and to have no respect of Persons in Judgement; and not against Law, to taunt at Grand-Juries like School Boys, as the Chief-Justice did, when he asked a Reason for our Verdict. If I had replied, My Lord, by what Law do you ask that Question? (as I had much ado to forbear) I believe my Lord would have said, I had been a saucy Fellow. If any Corruption or Bribery had appeared in our Jury, we ought then severely to have suffered; but I dare affirm there was not the least touch of it; but I cannot say so for the Witnesses. As to the Motion of Mr. Attorney's, that we might never be Jurymen more, I think myself and Brethren have reason to think him for it: I know no Profit by it, but only Trouble, Sorrow and Ruin of me and my Famimily: I have found it so, for I may modestly reckon myself 8000 l. (if I should say 10000 l. I should not be extravagant in my Account) the worse for serving on Juries; for it is to that I must attribute all my Troubles; I know of no other Reason. It is pretty hard methinks, that there is not better Provision in our Laws, to defend Grand-Juries, and all Juries, that are the great Security to the Lives and Estates of all Ranks of Men. SECT. VII. THey appeared at Whitehall as Thunderstruck with the sad News of the Disappointment at the Old-Baily; and Sir Thomas Linch, late Governor of Jamaica, told me that King Charles was in a great Rage, and angry with me: 'Tis well known that that Prince was very crafty, and had a great command of his Passion; yet in his Rage, throwing his Hat and Periwig on the Ground, he was heard to express himself to this effect; This Rogue Wilmer has broke all my Measures; God's Fish I will have his Blood, or ruin him, although it cost me ten thousand Pounds. Reflections on the seventh Section. NO Age can parallel the Wickedness of such Magistrates, to contrive such horrid things against a brave and honest People, to bring such alparcel of Varlets and Irish Cutthroats to swear against innocent Men, that no honest Man in the Kingdom, in Life or Estate, could escape them, if they could have had Jury-Tools, as well as Judges and others. It is a difficult Task to keep within bounds, and to bridle in Passion under Oppression, to have our Spirits in a Christian cool Frame, when we are injured; it requires great Measures of Grace. You see I was here in a fine Case, having such thundering Threaten, that nothing but Death or Ruin must follow. For what is mentioned, is Matter of Fact in the foregoing Section, and I believe I can prove it at this Day, if need require. SECT. VIII. THE Conspirators unwilling thus to lose their hopeful Plot, and the Cost which they had been at in suborning and instructing their Irish Witnesses, they cast about how and where to employ them to better purpose than in the City of London; and at length they resolve to make an Experiment at Oxford: thither they send College to be tried, upon a special Commission of Oyer and Terminer issued into that County. Hereupon it being evident that I might be a most material Witness to show the Inconsistency and Falsehood of the Irish Evidence, Inquiry was made of me whether I would go to Oxford to testify my knowledge in the Matter on the behalf of College. I declared, that if I were Subpena'd, I would go: but upon the very Day when a Subpena was brought to my House, Atterbury the Messenger came thither, with Stephens, Messenger of the Press; and seizing me, said, You are my Prisoner. Hereupon I demanded a light of his Warrant; and finding it to be from Secretary Jenkins for High-Treason, I told Atterbury, (as Counsel had before advised me) that it was an illegal Warrant, and would not run in London, I being within the Freedom, and a Freeman of the City; but if any Warrant came from my Lord-Mayor, or from an Alderman of the City, who was a Justice, I would readily obey it: but Atterbury with his Assistants laid hold of me, and forced me into a Coach, carrying me to Atterbury's House, where I was kept two Days: from thence I was carried before the King and Council at Hampton-Court; and being very sick with an Ague and flayer, the Lord Chancellor said to me at my coming in, You come in like an Ignoramus: upon which the King pulled him by the Sleeve, and winked on him; which seemed to intimate, that though my giving the Ignoramus Verdict upon the Indictment against College, was in truth the Crime which brought me thither, yet it should not be published: wherefore the same Lord turning it, said. You come here as one not only guilty of High-Treason, but have begun a Rebellion in resisting his Majesty's Warrant for your Apprehension: Whereupon I replied, May it please your Majesty, I have not, not will I resist any legal Warrant of your Majesty's; but I humbly conceive, the Warrant by which I am apprehended, is an illegal Warrant, being from the Secretary of State, and will not run in London; for the Justices of London are not Justices by Commission, but by Prescription and Charter. Said the King, Will not my Warrant run in London? Yes, may it please your Majesty, I answered; a Warrant from my Lord Chief Justice of your Majesty's Bench will run in London to apprehend any Citizen, but it is to be executed by its proper Officer, a City-Constable, and he to carry his Prisoner so apprehended before the Lord-Mayor, or any other Alderman that is a Justice of the said City. To which the King said, Who told you this Law? I replied, One Mr. Smith an able Lawyer. Whereupon I was ordered to withdraw; and within an hour after, without any other Accusation or Examination, a Warrant was sent out of the Council-Chamber to commit me to the Tower for High-Treason. Reflections on the eighth Section. IT is thought by many, that one Reason of my being taken up at this time, was to prevent my going to Oxford to Colledg's Trial, to confront the Irish Evidence, and declare my knowledge of them. By this Warrant against me, and by a like Warrant against Mr. Whitaker, the Customs and Privileges of the City of London, granted by Charter, and confirmed by Act of Parliament, were broken through: for it was granted by the Charter of King Edward the Third, (as may be seen in the printed Charters of the City, p. 45.) and which hath been very often confirmed by many Acts of Parliament, That no Summons, Attachments or Executions be made by any the King's Officers whatsoever, by Writ or without Writ, within the Liberty of the City, but only by the Ministers of the City. The famous Lawyer Bracton expresses himself to this purpose, Bracton, lib. 1. cap. 8. fol. 5. lib. 2. cap. 16. fol. 34. Mirror of Justice, p. 8, 15. The Law is not only the King's Maker, but his Master; and whatever he doth against it, he is as liable to answer as the Subject, save in Life and Member; therefore does nothing in Person, but all in his Political State and Capacity by Ministers: And therefore if any Minister by the King's Command, breaks the Law, or acts against Law, he is punishable for the Crime, whether Privy-Counsellor, Chancellor, Judge, or other inserior Minister. Every Citizen of London, with the same Breath he swears Allegiance to the King, he also swears to maintain the Charters, Grants, Rights and Privileges of the City; and I take each Oath to be binding alike, and no ways contradictory the one to the other; and as I take it, I was bound by the latter to have resisted Atterbury even to the hazard of my Life, he coming with his illegal Warrant to seize me, contrary to the Grants, Charters and Customs of the City. Now to evince the truth of what I assert, and to remember my Fellow-Citizens of their Duty, I shall here subjoin the Oath which we all took as Freemen of the City, and also the Oath which is taken by every Member of the Common Council, by both which Oaths I then stood obliged. The Oath of every Freeman of the City of London, I here insert, word for word, as follows. YE shall swear, that ye shall be good and true to our Sovereign Lord and Lady, King William and Queen Marry. Obeisant and obedient ye shall be to the Mayor and Ministers of the City: The Franchises and Customs thereof ye shall maintain, and this City keep harmless in that that in you is. Ye shall be contributory to all manner of Charges within this City, as Summons, Watches, Contributions, Taxes, Tallages, Lot and Scot, and to all other Charges, bearing your part as a Freeman ought to do. Ye shall colour no foreign Goods under, or in your Name, whereby the King or this City might or may lose their Customs or Advantages. Ye shall know no Foreigner to buy or sell any Merchandise with any other Foreigner, within this City, or Franchise thereof; but ye shall warn the Chamberlain thereof, or some Minister of the Chamber. Ye shall implead or sue no Freeman out of this City, whilst ye may have Right and Law in the same City. Ye shall take no Apprentice, but if he be freeborn, that is to say, no Bondmans' Son, nor the Child of any Alien, and for no less Term than for seven Years, without Fraud or Deceit: and within the first Year ye shall cause him to be enroled, or else pay such Fine as shall be reasonably imposed upon you for omitting the same: and after his Term's End, within convenient time (being required) ye shall make him free of this City, if he have well and truly served you. Ye shall also keep the King's Peace in your own Person; ye shall know no Gatherings, Conventicles nor Conspiracies made against the King's Peace, but ye shall warn the Mayor thereof, or let it to your Power. All these Points and Articles ye shall well and truly keep, according to the Laws and Customs of this City, to your Power. So God you help. Here follows the Common-Council-man's Oath. YE shall swear, that ye shall be true to our Sovereign Lord the King, his Heirs and lawful Successors, and readily come when ye be summoned to the Common-Council of this City, but if that you be reasonably excused. And good and true Counsel ye shall give in all things touching the common Weal of this City, after your Wit and Cunning. And that for favour of any Man ye shall maintain no singular Profit against the common Profit of this City. And after that ye be come to the Common-Council, ye shall not from thence departed, till the Common-Council be ended, without a reasonable Cause, or else by the Mayor's Licence. And also that all secret things that are spoken or said in the Common-Council, the which ought to be kept secret, ye shall in no wise disclose. As God you help. By which Oaths all Citizens may see how far they stand obliged to the Community, to defend and preserve the Rights and Privileges granted to them, if at any time they are invaded or infringed. SECT. IX. THE Warrant against me was as follows. Whereas several Informations upon Oath have been this Day read at the Board against John Wilmer, of High-Treason by him committed, in conspiring the Death of the King, and endeavouring to depose his Majesty from his Imperial Crown and Dignity; These are therefore in his Majesty's Name to will and require you to receive into your Custody the Body of the said John Wilmer for the High-Treason aforesaid, and him safely to keep, till he shall be delivered by due Course of Law. And for so doing, this shall be your Warrant. Dated at Hampton-Court, the 15th of August, 1681. To Thomas Cheek Esq; Lieutenant of the Tower of London, or his Deputy. Signed, Canterbury, etc. (14 in all.) Reflections on the ninth Section. AS in Section the 8th I gave the Relation of the King's Rage against me, that he would have my Blood, or ruin me; now here he gins: first he makes his Secretary Jenkins by his Warrant break over the Rights and Privileges of London, and fetched me out thence; and now he makes the Lords of the Council leap over Hedge and Style of all Law, to send me to the Tower. As I take it, the Law of England is, No Man shall be by Warrant or Mittimus sent to Goal, until first the Accuser cometh face to face, and maketh Oath: Secondly, The Criminal shall be sent to the County-Goal where the Fact is committed, and not where the Justice or Privy-Counsellor pleaseth. For the first, here is no Accuser face to face, nor to this day know I mine Accusers. Secondly, Mention is made of several Oaths read, but never a word by whom made, or before what Justice taken; neither can I guests before what Justice they should be taken, or by what Witnesses sworn; unless they were taken by Mr. Justice Warcupp, and sworn by our Dear-Joys; for I knew he was conversant with them. I believe old Pious Memory himself was ashamed of letting either Justice or Witnesses be public to the World, they were so scandalous. My Warrant of Commitment was signed by thirteen more Lords of the Council, whose Names I omit to publish, as having that Charity for some of them; it was their Ignorance and Fear that made them set their Hands; and others of them I have hopes God will give them Grace to repent, and make satisfaction for their Wrongs done me: I am sure some of them may do it with the lifting up of a Finger, if they have a Will to it. I will engage, let them serve half the Merchants upon the Exchange as they did me, they will forbid their being Merchants again. SECT. X. UPon this Warrant I was detained in the Tower fifteen Weeks and odd Days, and not allowed in all that time Pen, Ink and Paper; for the space of six Weeks I was denied the sight of any Friend, and not so much as my Wife, Children, Servants, Doctor or Apothecary permitted to come near me, though I was languishing under a violent Ague and Fever. My Wife petitioned all that time to be confined with me, but could not obtain it, till six Weeks being clapsed, when she procured it, and also Liberty for me to walk with my Warder in the Tower. In the time of my Imprisonment several Stratagems were used to destroy me; diligent Enquiry was made in most of the neighbouring Counties about London, to find whether I had been in any of them, to the end that they might pack me out of London, and get me indicted and murdered as College was at Oxford: they endeavoured to suborn English Witnesses against me, the Irish being become infamous: they also took some into a Messenger's Custody, and threatened that they themselves should be hanged, if they would not swear against me. Moreover, they had it under consideration to cut my Throat in the Tower; for Major Hawley (in whose House the Earl of Essex's Throat was cut) being enquired of, what would be done with Wilmer? he made answer, He is a stubborn Rogue, his Throat must be cut. During the time of my Imprisonment my Petition was put in by Friends at two several Sessions at the Old-Baily, praying to be tried or released: but that would not avail; so that I was detained till the last Day of Michaclmas Term, 1681; when being brought by Habeas Corpus to the Court of King's-Bench, I was set at Liberty upon 9000 l. Bail, myself in 3000 l. and four Sureties in 6000 l. to appear the next Term; and then appearing, I was discharged. Reflections on the tenth Section. WAS not here a denying and delaying of Justice, and an absolute Breach of Magna Charta? What shall I say? All Designs of taking away my Life failing, now I must be ruined in my Estate. At that time I owed almost 10000 l. no Servant nor any Friend was suffered to speak to me: my People were forced to follow the best ways they could to pay running Bills of Exchange, and in order to it to sell Goods at any Rates, every one calling for every Penny I owed, and no one giving me Credit for a Penny; I being then in so strong a Hold, and under so black a Charge: whereas before I thank God I had a fair Credit upon the Exchange, and was in great business. The Wisdom therefore of our Forefathers, to obtain the Privilege that no Citizen should be committed to any Prison but the City's, where he is sure quickly to come to Trial, deserves to be remembered with Honour: for it's not with a Merchant in Trade, as it is with a Country-Gentleman; though he be falsely imprisoned, he is not damnified as is the Merchant; for his Estate being in Lands, his Rents are going on, which he will receive at his being restored to Liberty; but a Merchant in great Trade and Credit, and doing much as a Factor, as well as upon his own account; and his Business lying in many Countries, as was my Case: I say, let him be sent to the Tower four or five Months, and denied Pen, Ink and Paper, or Friend, or any to come to him; I will engage it shall spoil him, and lose all his Commissions, especially those in the Territories of the Monarch who lays his Hand on him; besides the Damage in his own particular Concerns; all Persons will be afraid to have to do in Trade with him against whom the Government hath a Pique. But before I could be hence released, the Popish Party would take t'other Blow or two, to try if they could hit the Nail o'th'Head: but here also, as God would have it, they also miss, for now a second Jury is Ignoramus; and afterwards a third, returned by the next Sheriffs, brave Pilkington and Shute, is Ignoramus also. SECT. XI. SHortly after, my fast Friends at Court resolving to follow their Blow upon me, employ two wicked and infamous Persons Vavasor and Beaumond, to give me a new Vexation: these Varlets bring an Indictment against me in the City of London, charging me with the stealing of a Boy; but in this they were also disappointed by an Ignoramus returned upon the Bill; which so enraged the little Engines Vavasor and Beaumond, that they told me to my Face, that they would never leave me till they had Colledged me. In a few days afterwards, they came upon me with a Writ de homine Replegiando, pretending that I had kidnapped a Boy; and also with an Information in the King's-Bench, at the same time, and for the same Matter. To the Writ de homine Replegiando, the Sheriffs Pilkington and Shute, by the Advice of able Counsel, made a special Return; setting forth, that the Boy before, and in the presence of two Justices, had bound himself Apprentice to me, and was by me sent in my Service to Jamaica; so that they could not replevy him. But the Court of King's-Bench not liking this Return, sent an Attachment against the Sheriffs; who appearing in Court, were threatened if they would not return Elongavit upon the Writ, they should be committed: The Sheriffs seeing this, told me that the Quo Warranto being brought against the City, if they should go to Prison for standing by me, it might tend to the great Prejudice of the City, in taking them off from attending the defence of the Charter; and asked me what I would have them to do? Whereupon, seeing Matters at this pass, I was content that the Sheriffs should give me up, by returning Elongavit, as the Court required. Which being done, a Writ called, A Capias in Withernam, is immediately issued against me, to take me into custody, and detain me until I produced the Boy. Upon the Writ, I was instantly and most industriously searched after, and had fallen into their hands, but that going just before to retain Mr. Pollexfen (lately Lord-Chief-Justice of the Common-Pleas) as my Counsel; He very honestly and worthily, like himself, said to me, I am loath to take your Money, for I can do you no good; I see the Court is set against you, and resolved to ruin you; therefore my Advice is, fell what you can, and put it into Money, and go your ways. Within a few days after, they brought on a Trial against me in the King's-Bench, by a well-prepared Kentish Jury, upon the Information for the pretended Kidnapping. To this Trial, the villainous Prosecutors brought a pack of suborned Witnesses, who had all imaginable Countenance and Encouragement from the Court: when on the other side, the Lord-Chief-Justice Pemberton did browbeat the Witnesses brought by me, and committed one of them, who confronted, and in a Point most undoubtedly true, falsified a Witness brought against me; and also denied to hear many of my Witnesses. By this Management, was a Verdict obtained against me; for which Service, the Jury were well paid, having been allowed a great Sum of Money upon pretence of their Travelling, besides upwards of 40 l. spent at a Dinner upon them. And thus did King Charles the Second, carry in great measure his Point, and execute his Threat to ruin me. Reflections on the eleventh Section. THE Prosecution of me, upon this pretence of Kidnapping, was committed to two vile Wretches, as all who knew them will declare. Vavasor speaking of me, declared his Expectation of great Preferment if he could rout the Dog Wilmer, that Ignoramus Dog, as he expressed himself: and not long after, as a very useful Man, he was preferred, and made one of the Witnesses against the pretended Rioters at Guildhall, in the Election of Sheriffs at Midsummer, 1682, when Sir John Moor made a Riot there, in order to the making North and Rich Sheriffs: And Beaumond was a Miscreant who had been guilty of razing a Record, and of Perjury. Such Men as these were most proper Instruments for such a Work. A certain knowledge of the Expense in this malicious Prosecution of me, which was found in the Accounts of Graham and Burton, reported in the House of Commons, and which Major Wildman can produce, would convince the World how far the State was concerned in this Matter, and that it was esteemed more than a private Quarrel. SECT. XII. FRom the time of this Verdict, I was advised by Counsel, and persuaded by Friends, to keep out of the Reach of those who were bend upon my Ruin, and thirsted after my Blood; and I secreted myself in England for about a Year's space; in which time, Messengers with Constables would come at all Hours of the Night to search my House for me. I then retired into Holland, whither about a Year after my Wife and Children followed me. My implacable Enemies now finding that they could not have their Will on my Person, cast about how to starve me and my Family in Holland; to which End, they procure a Commission upon the Statute of Bankrupts to be taken out against me: Which a Person related to me, understanding, went to the Commissioners, and told them that they needed not to take such a Course with his Cousin Wilmer, for he would pay every Man twenty Shillings in the Pound who should make due proof of his Debt: hereupon, the Commissioners seeing the Villainy and foul Practice in the Case, were backward to proceed upon the Commission; and having no Proof of my being a Bankrupt, they never declared me such, but the Commission fell. This malicious Prosecution being thus over, I had some Rest in Holland: And meeting with very civil Treatment from the Dutch, I continued there five or six Years, until the Expedition of his Highness the Prince of Orange, in which I attended him, having pawned my Plate and Wive's Jewels, to equip myself and Servant, as a Volunteer of Horse. Reflections on the twelfth Section. THE Hardships in this my Case are not to be readily paralleled: I was at first marked out for Destruction, for having (when I was called out as a Juryman) given a most righteous Verdict. My Ruin was most closely pursued, by the several Steps before recited, and I being by that transcendently malicious Prosecution, drove into Exile, a most unreasonable and unjust Attempt was then made to complete my Ruin, and starve me and my Family in a strange Land: but the divine Providence did wonderfully preserve and support us there; and I returned to my Native Country with his present Majesty, in his glorious Expedition; which, as God be praised, hath so well succeeded; but if it had miscarried, I should not have found Mercy, but must have died in the Field with my Sword in my Hand; or if taken alive, may say, without pretending to the Spirit of Prophecy, that my Head and Quarters would have been set on the Gates of London. To conclude; As I have given you a Jury of Sections, with Reflections on them, let me now sum up all with brief Considerations on the whole. It could not be possible to imagine there should have been so virulent, violent and unprecedented Prosecutions against several Persons as there were in the late Reigns, had the Government not had some mighty Projects in their Heads for Antichrist: These were chief managed by Father Peter, and the rest of his accursed Order, all along within the Curtain, until the beginning of King James the Second Reign; then they pulled aside the Curtain, and threw off their Vizards. In these late Reigns, there was a Wheel within a Wheel, the outward Wheel was all for the Church of England as by Law established, but the inward Wheel was for the Church of Rome, and was turned by the politic Strength and Craft of the Jesuits and their Interest in this and all other Courts: And this inward Wheel, how far and how fast did it make this outward Wheel run! what Distractions, and what Divisions were made in this poor Nation! here was House against House, Father against Son, and Son against Father, Husband against Wife, and Wife against Husband, Master against Servant, and Servant against Master; the Master become the Apprentice, and the Apprentice become the Master. All these Artifices were used to compass their wicked Ends, to rule over us according to their Maxim, Divide & Impera. This may therefore be a Caution to all English Men for the future, to be jealous of any Party whatsoever, that is Red-fire-hot against all Men that are not of the same Church with them. When any Church or Number of Men shall confederate themselves to oppress or tyrannize over any sort of Men that differ from them, but more especially fall on them that differ only in Circumstance and not in Substance, I shall much question the Truth of that Church, or of that Confederacy, whether they are of Christ or not; especially, that tyrannize over Men that stand in the way of their worldly Greatness and worldly Preferment. I must look on that Church, and on that Confederacy, as a worldly Church and Confederacy, and not the Church of Christ. All Mankind, by Nature, that have only restraining Grace, are only chained Devils, and may live sober in Civil Societies, under the Government of good Laws duly executed, and be neighbourly with their Neighbours; but if once the Chains of good Laws be taken off, or the due Execution be omitted, than the Devils let lose, will soon show themselves, and Right and Wrong will be Weak and Strong, and the Greater preying on the Lesser: therefore the great Wisdom and Care of all Civil Governments and Societies, are to look well to it, that they have good Laws and impartial Execution of Justice, without Favour and Affection; that is the only way to keep all in Peace and Quiet. For under a Government where Partiality is used in Justice and Judgement, though it may not come presently to Fire and Sword in the Field, yet it makes the Blood boil, and in such Ferment, that like dried Sticks, are ready to take Fire from every Spark; and Men will be ready to lay hold of every Opportunity of righting themselves. I grant, in this World, we are in an imperfect Estate, and in all Ranks and Degrees of Men there are bad as well as good; therefore the Care of wise and honest Governors, is to see well they have wise and honest Sub-governors, both in Church and State; Men fearing God and hating Covetousness; Men that labour to keep Consciences void of Offence towards God and towards Men: Some bad will creep in amongst the good, some Tares will grow amongst the Wheat. In the late Reigns, what Tools to the Court were many of the Church-Ministers made, to preach up strange Doctrine, such as our Saviour never taught; to make Cullies of unthinking People, and to gull the poor Citizens and Country-Towns of their Charters, Franchises and Liberties, not considering that at the same time they were cutting the Bough they stood on? I have that Charity as to believe, many of them did not see the Wheel within the Curtain; for that the God of this World had blinded them, they being only for the Riches and Honours of the World; for then Compliance to the Court, was the only way and step to Preferment. After sometime of my being in Holland, and observing all Religions amongst them, and all these agreeing as one Man in preserving and defending their National Rights and Privileges, I wondered at the great Wisdom of the People, and our Folly, that it was not so with us in England: But when I saw farther into the reason, why there was such a Union in Holland amongst that People, I then admired the Wisdom of the States: For the Law of that Country is, that no Minister of the Gospel shall intermeddle with State-Matters or State-Government; if they do, the States send them a Staff and a Pair of Shoes: the Meaning whereof is, to departed the Country in a presixed time, or suffer Death; with this additional Message; Your Work is to preach the Gospel of Peace, Love and Unity, and show your Flocks the way to Heaven, yourselves also being exemplary in all Morality and Godliness; and our Work is to govern the State. And this is a convincing Argument to me, that a Nation where the Governors thereof have ill Designs against the Constitutions of the Government to alter and change it, and to help them herein, stand in need of some Church-Ministers to be their Tools to forward their Designs, they cannot miss finding some worldly unthinking-Men for their by-Ends, that shall lead their silly Flocks to be helpful in this Work, and thereby miserably divide a Nation to serve a Court's Design in order to set up Popery, as was lately our Case. As in all Civil, so also in all Religious Orders of Men, there are good and bad; they are like Isaiah's Figs, them that are good are very good, and them that are bad are very bad; even the worst of Men, if they have not Gifts and Graces fitted for their Function, and so called, and sent of God, they are fitted for the Work, and sent by the Devil: if they are not Angels of Light, they are of Darkness, the Firebands and Incendiaries of Hell; and if they do not most good, they do most hurt, as by sad Experience hath been shown. And indeed this is no new thing; for if we do but consider and look back, that ever since the Reformation the Order of Jesuits have, like Moulds under Ground, been undermining us, to bring back these Nations to the Church of Rome, the Mother-Church, as they call it. Consider in Queen Elizabeth's Reign their several Attempts, privily to assassinate her, and publicly, by the Spanish Armada, to destroy us: and in King James the First's Reign, the Powder-Plot, to blow up King and States all at once. And in King Charles the First's Reign, what Massacres were then in Ireland; and Wars in England, all fomented by them? But now in King Charles the Second Time, what Work did they make by the help of his Hypocrisy? for he engaged to the Jesuits, when on the other side of the Water, to set up Popery in England if ever he came to the Crown, and was himself then reconciled to the Church of Rome, though, through Cowardice, he durst not here show it. But yet, by debauching the Nation, and by his great Hypocrisy in pretending to be a Protestant, what Cullies he made thereby of Parliaments and Churchmen, to be his Tools to crush and ruin the honest and sober English Men, that for Real Religion, Liberty and Property, stood in his way. How many Plots were carried on in his Reign to destroy the Protestants? And how were they wonderfully by God discovered? And the Papists having prepared and ripened Matters for Execution, in breaking down all our Hedges and Fences, and dismantled our Charters and Franchises, and had raised up the French King at Sea and Land to his Greatness, now saw it high time to take off King Charles, and set up King James. Here the Mask is thrown off, and King James declares for Rome, and riding Post thither, and Father Peter and his Order publicly set up to rule the Roast: Yet all was well whilst he was crushing the Dissenters, all was Passive-Obedience and Nonresistance, and no fear of Popery until he came to touch the Church's Interest: then they began to be sensible of Popery, and all the Pulpits and Presses rang out, O Popery, Popery! Others felt it, and saw it long before: And these Men now at last, God be thanked, came to a sellow-feeling; and now Passive-Obedience and Nonresistance must turn out of doors: And now to your Tents, O Israel, and pray to God to stir up the Heart of his Highness the Prince of Orange to come and help us against the Mighty. And God be thanked, he heard us; and God by his mighty Hand hath brought about this mighty Revolution and Deliverance. Now is all done we promised and vowed to God we would do, in the Day of our Affliction and Trouble? No surely. Are we not still daubing with untempered Mortar? Are there not some Wedges of Gold, some Babylonish Garments amongst us? When God, by the Hand of his Prophet Samuel, sent a Message to Saul to destroy the Amalekites out of the Land; Saul told him, he had performed the Commandments of the Lord: says Samuel to him, What meaneth then this bleeting of the Sheep and lowing of the Oxen in mine Ears? Maugre all the Tobias' and Sanballat's of the Age, that God that hath so gloriously begun his Work, will carry it on; and he that hath so wonderfully laid the Foundation of Deliverance, will also finish the Building, and lay the Top-stone thereof, that all Nations shall to him cry, Grace, Grace. God will have plain Dealing in his Work, without the carved Work of trinkling sham's and Tricks in Church or State; and let the Drunken, Swearing, Whoring, Passive-Obedience, Nonresistance Priests, have a care of using any more new Designs, lest they bring the Weight of the Nation to fall on them; which if they do, they will be ground to Powder: therefore let it be the Care and Study of all English Men to defer no longer the Use of right Ways and Means to our honest Settlement, lest we provoke God to send a Sword in our own Bowels: I pray God to prevent it. I desire not to see that woeful Day, O Lord, thou knowest! But if our Sins should bring it upon us, it would be bloody Work; for than will be called to remembrance old Wrongs, Injuries and Oppressions: Therefore, as we have Work enough, and brave Work on our Hands, and our King is hearty and courageous with us in it, to pull down that Monster of Men, and Tyrant of the Earth, the French King; which our late Reigns, with the help of our Passive-Obedience Priests, have set up to his Greatness: And still these and their Party, are the great Grumblers to part with their Morey towards this Work at this Day. But they must part with a great day more, and thank God they scape so too: for they set up this Jack of Lent in the last two Reigns, and now the Bodies and Purses of the Nation must pay for knocking him down again; for as Matters stand now, he or we must down. But some flattering Priest will say, you deal coarsely with a crowned Head. I tell that Baal's Priest, I will not change Estate and Condition with the French King, Lewis le Grand: and I dare be bold to say, without Breach of Charity, that brave Stephen College will not change Crowns nor Kingdoms with the late King Charles the Second. I will pay as much Respect and Deserence to a good Man and a good King, as far as I am in Duty bound, as any Man shall; but I hate all Flatterers and Flattery, which are the Bane and Pest of Kings, and all Men: For all Men are naturally proud, and by Flatterers too too apt to be puffed up. Now having finished what I intended; and though the subject Matter hath cost my Purse dear, and I have run great Hazards of Life for you, yet I shall think it the best Money I ever parted with; and all my past Hazards will no more be thought of than the Pangs of a Woman in travail, when the Manchild is born, if you will but make right use of them for yourselves and Posterity, and will now in a good Reign be like provident Joseph, making Provision against a bad one. I have lived in the World near 54 Years, have experienced a great deal of it; and see very little in it worthy the desire of living longer than only for these two Things: The first is more affectionately and sincerely to love and serve my God: And the second is to be doing more good, and serving of my Generation. For 14 Years past, ever since I saw plainly your Ruin was determined by Popish and Jesuited Councils, I dedicated my Life, and all that is dear to me and my Family, to your Service, to the Truth whereof God bears me witness herein, that I lie not; and notwithstanding the many Hazards I have run for you, and Damages in Estate suffered for you, and the corpse Usage I have met with since my Return to you, yet I am no ways discouraged hereat from doing my Duty to serve you, but am still as ready as ever to run through as many more Dissiculties for you if Occasion be, or Necessity require, God assisting me. All Glory and Praise be to God on High, Peace on Earth, and to Men. Amen, Amen. FINIS.