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ed: But when it is confidered that he has held a correspondency with the Pope and the French King, to fubvert our Religion and Laws, what protection can we expect from him if he be King? It is a fenfleless thing to imagine, that he will not di-. sturb us in our Religion and Laws, feeing whileft he is a Subject he is practifing to destroy us and them: Therefore for my part, I think we betray both our Religion and Laws if we do not pass this Bill,

There is one Opinion which prevails much in the World, which as it is falfe fo it does a great deal of hurt, and that is this; That every Govern ment in the World was conftituted by God himfelf: But that cannot be fo; for it would follow, that God is unjuft, which he cannot be. There neither is nor was any Government of that fort but only that of the Jews, the rest of the World were left to themselves, to frame fuch a Government as suited beft to their Inclinations, and to make fuch Rules and Laws as they could best obey and be governed by.

Ours is compounded of an absolute Monarchy and a Common-wealth, and the original of it we have from the Saxons: But be it what it will, or whence it will, it is without question that the firfe original of our Kings was, that the people found it for their advantage to fet one over them, because of his Wifdom, Valour, and Juftice, and therefore they gave him feveral Prerogatives above the reft of the People, that he might be the better able to govern and defend them: for there is none of the Kings Prerogatives, but are for the good of the Nation if rightly imployed: But it will be a trange conclufion to fuppofe, that the People H

obliged

obliged themselves to fubmit to the Pofterity of that Man whom they first chose for their King because of his extraordinary Endowments, let them be what they would, and never fo unfit for the Government: For the next of blood may be incapable of governing in feveral refpects; fuppofe a Fool or Lunatick, by his Principles if he aim at Arbitrary Power, by his Religion if he be a Papift or a Heathen, or by his practifes, before he comes to the Crown, to destroy the Religion and Government by Law Establisht.

Now this I do not say to argue that the Election of the King is in the People, though I think much might be faid in that cafe, neither is it now the question; but that which I fpeak for is, to prove that the next of blood has not fo abfolute an Inherent Right to the Crown, but that he may for the good of the Nation be set aside.

There is yet another Inconvenience to allow the next of blood to have fo abfolute a Right to the Crown, because the Poffeffion of the Crown takes away all disabilities, but only fuch as are by Act of Parliament; which being fo, every King must thank his Succeffor for every moment that he lives; if he kill him himself he cannot be queftioned for it, because as foon as the one is dead the other is King, for here the King never dies.

If therefore the next of blood has fo abfolute a Right, the King is very unfafe: For though the D. be not inclined to fhorten his Brothers days, nay though he be averfe to it, yet in obedience to the Pope and his Priefts, it must be done either by himself or fome other hand, and then how long we expect his Majefties life?

If

If Kings were good Men an absolute Monarchy were the best Government, but we fee that they are fubject to the fame Infirmities with other Men, and therefore it is neceffary to bound their Power: And by reason that they are flesh and blood, and the Nation is fo apt to be bad by their Example, I believe was that wherefore God was averfe to let the Jews have a King; till they had Kings, they never revolted fo wholly from him; when their Kings were good they were obedient to him, but when they were idolatrous then the People went mad of Idols. I hope it is no Regis ad exemplum that makes our Nation fo lewd and wicked at this day.

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A

SPEECH

AGAINST

Arbitrary and Illegal IMPRISONMENTS

BY THE

Privy Councill.

TH

Here is not any thing that an Englishman can claim as his Right, that we value more than Freedoin and Liberty, I mean that of the Body; because Imprisonment is a fort of Death, and less tolerable to fome than Death it felf: For by it we are deprived of all our Earthly Comforts. What is a Man the better for having never fo great an Eftate, never fo great Honour, or what else is defirable in this World, if he is restrained of his Liberty? Now there are feveral forts of Restraints or Imprisonments, and they are all forbidden. by our Law, unlefs the cause be very just and reafonable; not for bare furmises or vain ftories that a Man fhall be imprisoned and hurried from his aboad, but only for fuch caufe as fhall prove that it is for the good of the Governinent, and the sup.

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port of it, that this or that Man is imprisoned or restrained. Although the Law has taken very good care, yet the Subject is often abused in his Liberty, fometimes by the Courts in Weft-Hall, fometimes by other Courts and particular Magiftrates: But the greateft caufe of complaint proceeds from the Privy Council.

The Privy Council that is, though they have been much to blame in this particular, yet it is not a new thing that they practice, but this Itch of lending for and imprifoning the Subject upon vain pretences has defcended from one Privy Council to another, like an Infirmity that runs in a Blood; for no fooner is a Man made a Privy Councellor, but this Spirit refts upon him. This Mischief was early espied, even in Henry III's. time, and several Lawes have been made to restrain the Privy

Council.

By the 9. H. 3. Chap. 29. it's declared that No Free man fhall be taken or imprisoned, or be diffeised of his Free-hold or Liberties, or Free Customes, or be out-lawed, or any other way destroyed, nor we will not pafs upon him, hor condemn him, but by Lawful Judgment of his Peers, or by the Law of the Land.

By the 5. Edw. III. 9. It is Enacted, That no Man from thenceforth fhall be attacht by any Accufation, nor fore-judged of Life or Limb, nor his Lands, Tenements, Goods nor Chattels feized into the Kings Hands, against the Form of the Great Charter, and the Law of the Land.

By 25. Edw. III. Chap. 4. It is declared, That from thenceforth none fhall be taken by Petition or Suggestion made to our Lord the King, or to his Council, unless it be by Indictment or Prefentment

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