by John Dryden
Our present King, I acknowledge has often found it so; though no thanks I suppose to this Gentleman and his Party. But though he cry down Paper and Parchment at this Rate, they are the best Evidence he can have for his Estate, and his friends the Lawyers will advise him to speak with less contempt of those Commodities. If Laws avail the Subject nothing, our Ancestors have made many a bad Bargain for us. Yet I can instance to him one Paper, namely, that of the Habeas Corpus bill; for which the House of Commons would have been content to have given a Million of good English money, and which they had Gratis from his Majesty. ’Tis true, they boast they got it by a Trick; but if the Clerk of the Parliament had been bidden to forget it, their Trick of telling Noses might have fail’d them. Therefore let us do right on all sides: The Nation is oblig’d both to the House of Commons for asking it, and more especially to his Majesty, for granting it so freely.
But what can we think of his next Axiome, that it was never known that Laws signified any thing to a People, who had not the sole guard of their own Prince, Government and Laws?
Here all our Fore-fathers are Arraign’d at once for trusting the Executive power of the Laws in their Princes hands. And yet you see the Government has made a shift to shuffle on for so many hundred years together, under this miserable oppression; and no man so wise in so many ages to find out, that Magna Charta was to no purpose, while there was a King. I confess in Countreys, where the Monarck governs absolutely, and the Law is either his Will, or depending on it, this noble maxim might take place; But since we are neither Turks, Russians, nor Frenchmen, to affirm that in our Countrey, in a Monarchy of so temperate and wholsom a Constitution, Laws are of no validity, because they are not in the disposition of the People, plainly infers that no Government but that of a Common-wealth can preserve our Liberties and Priviledges: for though the Title of a Prince be allow’d to continue, yet if the People must have the sole guard and Government of him and of the Laws, ’tis but facing an whole hand of Trumps, with an insignificant King of another sute. And which is worst of all, if this be true, there can be no Rebellion, for then the People is the supream power. And if the Representatives of the Commons shall Jarr with the other two Estates, and with the King, it would be no Rebellion to adhere to them in that War: to which I know that every Republican who reads this, must of necessity Answer, No more it would not. Then farewell the Good Act of Parliament, which makes it Treason to Levy Arms against the present King, upon any pretences whatsoever. For if this be a Right of Nature, and consequently never to be Resign’d, there never has been, nor ever can be any pact betwixt King and People, and Mr. Hobbs would tell us, That we are still in a state of War.
The next thing our Author would establish, is, That there is nothing in Nature or in Story so ridiculous, as the management of the Ministers, in the Examination of the Popish Plot. Which being prov’d by Coleman’s and others Letters, and by both Houses by declaring the King’s Life to be in danger, &c. Yet they have persuaded the King to believe nothing of this danger; but to apprehend the Plot to be extreamly improv’d, if not wholly contriv’d by the Presbyterians. And to think it more his concernment to have an end of all; then to have it search’d to the bottom: and that this was the true reason, why four Parliaments, during the Examination of the Plot have been dissolv’d:
Reasonable People will conclude, that his Majesty and his Ministers have proceeded, not ridiculously, but with all that caution which became them. For in the first heat and vehemence of the Plot, the Avenues of White-Hall were more strictly Guarded: His Majesty abstaining from Places of publick Entertainment, and the Ministers taking all necessary Care in Council, both to discover Conspiracies and to prevent them. So, that simply considered, the Popish Plot has nothing to do with the Dissolution of Four Parliaments. But the Use which has been made of it by the House of Commons to Dis-inherit the Duke, to deny the King Supplies, and to make some Votes, which the King declares to be illegal, are the real and plain occasions of dissolving those Parliaments. ’Tis only affirm’d, but never will be prov’d by this Author, that the King or his Ministers have ever been desirous to stifle the Plot, and not to have it search’d into the bottom. For to what end has his Majesty so often offer’d the Popish Lords to be brought to their Trial, but that their innocence or guilt, and consequently, that of the whole party might be made manifest? Or why, after the execution of the Lord Stafford, did the House of Commons stop at the other Lords, and not proceed to try them in their turns? Did his Majesty stifle the Plot when he offered them, or did they refuse to sound the depth of it, when they would not touch upon them? If it were for want of Witnesses, which is all that can be said, the case is deplorable on the part of the accused; who can neither be bail’d, because impeach’d in Parliament, nor admitted to be tryed, for fear they should be acquitted for want of evidence. I do not doubt but his Majesty, after having done what in him lies for the utmost discovery of the Plot, both by frequent Proclamations of Indemnity, and Reward, to such as would come in, and discover more, and by several others too long to repeat, is desirous (for what good man is not?) that his care and trouble might be over. But I am much deceiv’d, if the Antimonarchical Party be of the same opinion; or that they desire the Plot should be either wholly discover’d, or fully ended. For ’tis evidently their Interest to keep it on foot, as long as possibly they can; and to give it hot water, as often as ’tis dying; for while they are in possession of this Jewel, they make themselves masters of the people. For this very reason I have often said, even from the beginning of the Discovery, that the Presbyterians would never let it go out of their hands, but manage it to the last inch upon a Save-all. And that if ever they had tryed one Lord, they would value themselves upon that Conquest, as long as ever it would last with the Populace: but whatever came on’t, be sure to leave a Nest Egg in the Tower: And since I doubt not, but what so mean a Judge as I am could so easily discover, could not possibly escape the vigilancy of those who are at the Helm; I am apt to think, that his Majesty saw at least as great a danger arising to him from the discontented spirits of the popular Faction, as from the Papists. For is it not plain, that ever since the beginning of the Plot, they have been lopping off from the Crown whatever part of the Prerogative they could reach? and incroaching into Soveraignty and Arbitrary Power themselves, while they seem’d to fear it from the King? How then could his Majesty be blam’d, if he were forc’d to dissolve those Parliaments, which instead of giving him relief, made their Advantages upon his Distresses; and while they pretended a care of his Person on the one hand, were plucking at his Scepter with the other?
After this, the Pamphleteer gives us a long Bead-roll of Dangerfield’s Plot, Captain Ely, young Tongue, Fitz-Gerard and Mr. Ray, rails at some, and commends others as far as his skill in Hyperbole will carry him. Which all put together, amounts to no more than only this, that he whom they called Rogue before, when he comes into their party, pays his Garnish, and is adopted into the name of an honest man. Thus Ray was no Villain, when he accus’d Colonel Sackvile, before the House of Commons; but when he failed of the reward of godliness at their hands, and from a Wig became a tearing Tory in new Cloaths, our Author puts him upon the File of Rogues, with this brand, Than whom a more notorious and known Villian lives not.
The next thing be falls upon, is the Succession: which the King declares, He will have preserved in its due descent. Now our Author despairing, it seems, that an Exclusion should pass by Bill, urges, That the Right of Nature and Nations will impower Subjects to deliver a Protestant Kingdom from a Popish King. The Law of Nations, is so undoubtedly, against him, that I am sure he dares not stick to that Plea: but will be forc’d to reply, that the Civil Law was made in favour of Monarchy: why then did he appeal to it? And for the Law of Nature, I know not what it has to do with Protestants or Papists, except he can prove that the English Nation is naturally Protestant; and then I would enquire of him what Countrymen our Fore-fathers were? But if he means by the Law of Nature, self-preservation and defence; even that ne
ither will look but a squint upon Religion; for a man of any Religion, and a man of no Religion, are equally bound to preserve their lives. But I answer positively to what he would be at; that the Law of self-preservation impowers not a Subject to rise in Arms against his Soveraign, of another Religion, upon supposition of what he may do in his prejudice hereafter: for, since it is impossible that a moral certainty should be made out of a future contingency, and consequently, that the Soveraign may not extend his Power to the prejudice of any mans Liberty or Religion: The probability (which is the worst that they can put it) is not enough to absolve a Subject who rises in Arms, from Rebellion, in foro Conscientiae. We read of a divine Command to obey Superior Powers: and the Duke will lawfully be such, no Bill of Exclusion having past against him in his Brother’s life: Besides this, we have the Examples of Primitive Christians, even under Heathen Emperors, always suffering, yet never taking up Arms, during ten Persecutions. But we have no Text, no Primitive Example encouraging us to rebel against a Christian Prince, tho of a different Perswasion. And to say there were then no Christian Princes when the New Testament was written, will avail our Author little; for the Argument is a Fortiori: if it be unlawful to rebel against a Heathen Emperor, then much more against a Christian King. The Corollary is this, and every unbiassed sober man will subscribe to it, that since we cannot pry into the secret Decrees of God, for the knowledge of future Events, we ought to rely upon his Providence, for the Succession; without either plunging our present King into necessities, for what may never happen; or refusing our obedience to one hereafter, who in the course of nature may succeed him. One, who if he had the will, could never have the power to settle Popery in England, or to bring in Arbitrary Government.
But the Monarchy will not be destroyed, and the Protestant Religion will be preserved, if we may have a Protestant Successor.
If his party had thought, that this had been a true Expedient, I am confident it had been mentioned in the last Parliament at Westminster. But there, altum silentium not one word of it. Was it because the Machine was not then in readiness to move! and that the Exclusion must first pass? or more truly was it ever intended to be urged? I am not ashamed to say, that I particularly honour the Duke of Monmouth: but whether his nomination to succeed, would, at the bottom be pleasing to the Heads of his Cabal, I somewhat doubt. To keep him fast to them by some remote hopes of it, may be no ill Policy. To have him in a readiness to head an Army, in case it should please God the King should die before the Duke, is the design; and then perhaps he has reason to expect more from a Chance Game, than from the real desires of his party to exalt him to a Throne. But ’tis neither to be imagined, that a Prince of his Spirit, after the gaining of a Crown, would be managed by those who helped him to it, let his ingagements and promises be never so strong before, neither that he would be confin’d in the narrow compass of a Curtail’d Mungril Monarchy, half Common-wealth. Conquerors are not easily to be curbed. And it is yet harder to conceive, that his pretended Friends, even design him so much as that. At present, ’tis true, their mutual necessities keep them fast together; and all the several Fanatick Books fall in, to enlarge the common stream: But suppose the business compassed, as they design’d it, how many, and how contradicting Interests are there to be satisfied! Every Sect of High Shooes would then be uppermost; and not one of them endure the toleration of another. And amongst them all, what will become of those fine Speculative Wits, who drew the Plan of this new Government, and who overthrew the old? For their comfort, the Saints will then account them Atheists, and discard them. Or they will plead each of them their particular Merits, till they quarrel about the Dividend. And, the Protestant Successor himself, if he be not wholly governed by the prevailing party, will first be declared no Protestant; and next, no Successor. This is dealing sincerely with him, which Plato Redivivus does not: for all the bustle he makes concerning the Duke of M. proceeds from a Commonwealth Principle: he is afraid at the bottom to have him at the Head of the party, lest he should turn the absolute Republick, now designing, into an arbitrary Monarchy.
The next thing he exposes, is the project communicated at Oxford, by a worthy Gentleman since deceased. But since he avowed himself, that it was but a rough draught, our Author might have paid more respect to his memory, than to endeavour to render it ridiculous. But let us see how he mends the matter in his own which follows.
If the Duke were only banished, during life, and the Administration put into the hands of Protestants, that would establish an unnatural War of Expediency, against an avowed Right and Title. But on the other hand exclude the Duke, and all other Popish Successors, and put down all those Guards are now so illegally kept up, and banish the Papists, where can be the danger of a War, in a Nation unanimous?
I will not be unreasonable with him; I will expect English no where from the barrenness of his Country: but if he can make sense of his Unnatural War of Expediency, I will forgive him two false Grammars, and three Barbarisms, in every Period of his Pamphlet; and yet leave him enow of each to expose his ignorance, whensoever I design it. But his Expedient it self is very solid, if you mark it. Exclude the Duke, take away the Guards, and consequently, all manner of defence from the Kings Person; Banish every Mothers Son of the Papists, whether guilty or not guilty in particular of the Plot. And when Papists are to be banished, I warrant you all Protestants in Masquerade must go for company; and when none but a pack of Sectaries and Commonwealths-men are left in England, where indeed will be the danger of a War, in a Nation unanimous? After this, why does not some resenting Friend of Marvel’s, put up a Petition to the Soveraigns of his party, that his Pension of four hundred pounds per annum, may be transferred to some one amongst them, who will not so notoriously betray their cause by dullness and insufficiency? As for the illegal Guards, let the Law help them; or let them be disbanded; for I do not think they have need of any Champion.
The next twenty Lines are only an illustration upon his Expedient: for he is so fond of his darling Notion, that he huggs it to death, as the Ape did her young one. He gives us his Bill of Tautology once more; for he threatens, that they would not rest at the Exclusion; but the Papists must again be banish’d, and the Dukes Creatures put out of Office both Civil and Military. Now the Dukes Creatures, I hope, are Papists, or little better; so that this is all the same: as if he had been conning over this ingenious Epigram;
There was a man who with great labour, and much pain;
Did break his neck, and break his neck, and break his neck again.
At the last, to shew his hand is not out in the whole Paragraph, when the Duke is excluded, his Creatures put out of Office, the Papists banished twice over; and the Church of England-men delivered to Satan, yet still he says the Duke is the great Minister of State; and the Kings Excellent Qualities give his Brother still opportunities to ruine us and our Religion. Even excluded, and without Friends and Faction he can do all this; and the King is endued with most excellent Qualities to suffer it.
Having found my man, methinks I can scarce afford to be serious with him any longer; but to treat him as he deserves, like an ill Bouffoon.
He defends the sharpess of the Addresses of which his Majesty complains: but I suppose it would be better for him, and me, to let our Principals engage, and to stand by ourselves. I confess, I have heard some members of that House, wish, that all Proceedings had been carried with less vehemence. But my Author goes further on the other hand; He affirms, that many wise and good men thought they had gone too far, in assuring, nay, in mentioning of money before our safety was fully provided for. So you see he is still for laying his hand upon the penny. In the mean time I have him in a Praemunire for arraigning the House of Commons; for he has tacitely confessed, that the wise and good men were the fewer; because the House carryed it for mentioning money in their Address. But it seems they went too far, in speaking of a Supply, before they had consulted this Gentleman, how far the safety of the Nation would admit it. I find plainly by his temper, that if matters had
come to an accommodation, and a bargain had been a bargain, the Knights of the Shire must have been the Protestant Knights no longer.
As for Arbitrary Power of taking men into custody, for matters that had no relation to Privileges of Parliament, he says they have erred with their Fathers. If he confess that they have erred, let it be with all their Generation, still they have erred: and an error of the first digestion, is seldom mended in the second. But I find him modest in this point; and knowing too well they are not a Court of Judicature, he does not defend them from Arbitrary Proceedings, but only excuses, and palliates the matter, by saying, that it concern’d the Rights of the People, in suppressing their Petitions to the Fountain of Justice. So, when it makes for him, he can allow the King to be the Fountain of Justice, but at other times he is only a Cistern of the People. But he knows sufficiently, however he dissembles it, that there were some taken into custody, to whom that crime was not objected. Yet since in a manner he yields up the Cause, I will not press him too far, where he is so manifestly weak. Tho I must tell him by the way, that he is as justly to be proceeded against for calling the Kings Proclamation illegal, which concerned the matter of Petitioning, as some of those, who had pronounced against them by the House of Commons, that terrible sentence, of Take him, Topham.