were fatisfied with their bufiness, and were as wary as if a confiderable Force had been ready to fit down before the place: And with the like Steps they moved at Notingham, and other places: And though no doubt they ingaged in the business with a great deal of Zeal and Refolution, yet the Declaration of the cause of their Affembling, was penn'd with great caution, perhaps as a confidefable Man amongst them said, to keep themselves within the Statute; for their Declaration, neither charged King James with Male Administration, nor complained of the danger we were in, but the Sum of it was to joyn with the Prince of Orange in declaring for a. Free Parliament: Whereby they put it into King James his power to oblige them to put up their Swords as foon as he pleased; for when ever he iffued out his Proclamation for a Free Parliament, they were bound in Honour to lay down their Arms: And then what very great Service can they boaft of who could hold their Swords in their hand no longer than King James pleased? And though they may pretend to Merit highly, yet not to the degree with those who moved forward to Joyn the Princes Army: For by their Motion they prevented King James from ha ving a true Account of their Numbers, and as they would daily increafe, fo every Account he had of them would make them ftill more confiderable. They fhewed thereby, that they were refolved not to look back, but would either conquer or dye. They did not mince the Matter,. but fpoke plain English of King James, and of our Condition, and thereby animated the Country as they Marcht, and made all fure behind them, fo that the further they Marcht the greater Service

F 2

they

they did, for 5oo Men thus moving would in a fhort time occafion 40000 to rife in Arms; whereby in a few days they would not only be reported, but in effect be fo confiderable and formidable as to fupport the Cause they had efpoufed, and either reduce King James to Measures, or drive him out of the Kingdom: So that this feems to be the great thing that fo aftonished King James, and put him to his Wits end. For as to the Princes Forces, their Number was not valuable, and if preffed very hard would not too obftinately stand it out, because it was evident they had a Retreat in their thoughts, and accordingly had provided for it. The desertion in his Army he could not much regard, because it did not amount to 2000 Men, till he ran away: But as to those who intended to Joyn with the Frince of Orange his Army; he would with dread behold the Storm coming upon him, for he might obferve the Cloud no bigger at firft than a Mans hand, increased fo faft, that it would quickly over fpread the whole Heavens, and prove fo great a weight, that it would bear down all before it; for their Numbers would quickly fwell very high, and it could not be forefeen, where and at what degree they would stop: He might plainly fee, that they had thrown away the Scabbard, and contemned the thoughts of asking quarter; for as they could never hope for another opportunity to recover their Liberties if they failed in this, fo they very well knew the inexorable temper of King James, that it would be to no great purpose to fue for his Mercy; whereby being made defperare, and abetted moreover by the whole Nation; he must expect the utmost that could be done by the united Vigour of

Courage

Courage, Revenge, the Recovery of Liberty, and Defpair, all which would make up too strong a Composition for King James his tender Stomach, and turn his thoughts from fighting, to contrive the best way to fave his Life, and this was the Storin that drove him away from Salisbury.

Obfervations upon the Attainder of the Late Duke of Monmouth.

TH

HAT which is done by King, Lords and Commons is fo Sacred as not to be called in queftion by any power on Earth, and what they do is fo very good, that the Wit of Man cannot devife any conftitution that can proceed with more Juftice, or be lefs fubject to err than they when rightly in Conjunction: And therefore whoever he be that propofes to have any of their Acts reviewed muft take care to fet his words in great order, by reason that that which in an Inferiour Court might be called error will fcarcely indure the foft name of a mistake, if done by King, Lords and Commons: But however it does appear that they have reconfider'd what they have done, and thereupon have many times found that they might do better than to adhere to their firft refolve, efpecially in cafes of Bills of Attainder, which for the moft part have rather been expedient than that the ftrict Rules of Juftice were purfued, and though in fo doing their wrath did feem to burn very hot, yet in effect for little more than a moment, and even to end with the blow that ftruck off the Criminals Head; for upon the Petition of his Heir, his Blood has feldom been deny'd to be restored, and this proceeds from the great humanity of this Government. The Law of England being a Law of Mercy, does in many Cafes appoint a grievous

punishment,

punishment, rather in Terrorem than that the penalty fhould be rigorously exacted; for which reafon it is that fo few Attainders are now in force; If then thofe Cafes have met with fo much compaffion, the Cafe of the Duke of Monmouth may well hope for the like favour, fince there is not any argument for the reverfing of any other Attainder, that cannot be urg'd with as great force in the cafe of the Duke, and befides there is no prefident of the like cafe to be found, and whileft it remains in force is of dangerous Confequence.

The Law is fo very careful to do right in every cafe, that it will not allow that any Man be judg'd without being heard, or at least that a convenient time be allotted him for it, if he think fit to appear; and it does alfo require that the fat be fully and fufficiently proved, without both of which no Man can be convicted of any offence in the ordinary courfe of Justice, and this is and has ever been reputed the undoubted Right and Priviledge of every Subject of England; and these things are fo much of the effence of Juftice, that by how much they are infring'd and invaded, by fo much the fuftice of England is the lefs able to ftand and fubfift.

Now in the cafe of the Duke of Monmouth, these were not only difpenfed with, but the ufual Method of proceeding upon Bills in Parliament was "not obferv'd, for in one and the fame day, that Bill of Attainder was begun and paffed both Houfes. That the Duke of Monmouth. was then Landed and in Arms was currant News at that time, and believed by every Body: But the question is, whether the Two Houfes of Parliament were infor

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