A. C. 17. Paragraphs of the Sermon preach'd on the 5th of November, 1709 at the Cathedral Church of Paul's, on which the Articles of Impeachment were grounded: And then, between Two and Three a-Clock in the Afternoon, the Lords return'd to their House, and adjourn'd the Tryal to the next Morning, of which they fent Notice to the Commons. Accordingly, on the laft Day of February, the Lords The Tryal being fat at the ufual Hour, the Commons having taken continued their Seats, and the Queen being come incognito, to a Box prepared for Maj fty near the Throne, Sir Fofeph Fekyl one of the Managers for the latter, made a Speech, to make good the firft Article of Impeachment, which was, in Subftance, as follows: My Lords, more Febr. 28. Speech, a TH HE Commons cannot but think it hard, that in Sir Jofeph this Affembly of the British Nation, after Jekyl's than One and Twenty Years Enjoyment of the Advan- bout Paffivetages arifing by the late HAPPY REVOLUTION, Obedience. it fhould be neceffar to Plead in Vindication of it. They, who share in the Legiflature with your Lordfhips, have put themselves in the Nature of Suitors to you, against this OFFENDER, in whom your Lordfhips will fee the REVERSE OF A TRUE ENGLISH SUBJECT. If the Justice of the Revolution be eftablifh'd, the Toleration will be rejoyc'd in by fome, and grievous to none: But if the Juftice of that Foundation be queftioned, every thing built upon it is, in some Degree, fhaken; and an Opportunity given for Difputes · never to be ended, but by a Total Subverfion of our Go vernment and Conftitution. From what Quarter is it that ⚫ all the Obftruction and Oppofition to the late King, and to her Majefty has come? Upon the Succeffion depends our present Happiness and future Hopes; and yet this • Criminal at the Barr, has not thought fit once to go out of his way, as to mention it in his Aufwer. Can the Pretender have any Hopes but in Avoidance of that 'Law? Can it be thought proper to Preach this Doctrine in the Reign of the Best of Princes, which can be of 'no use but to the Worst? The right ftating the Cafe of Refiftance at the Revolution, will be a means of fettling 'Men's Minds in the Love of Order and Regularity, which is the great End and Defign of the Law to fecure. It is a fundamental Rule that the Law is the only Meafure of the Prince's Authority, and the People's Sub• million to it. There is nothing plainer, than that the • Senfe of the Law must be found out by the Law it felf S 2 • and A. C. 17. 9 and that Religion has nothing to do on that Occafion, 'but to enforce the Obedience from the Confideration of higher Rewards and future Punishments. My Lords, it may be afferted, that the People have an Intereft and Right to the Law and Conftitution: This is a Principle arifing from the Nature of Civil Society; And this Right the Nation afferted and recovered out of the Hands of those who had difpoffefs'd them of it. There are, to this purpofe, Two famous Inftances in the Knowledge of the prefent Age, the RESTAURATION and the REVOLUTION. By both these great and happy Events the Regal Power and the Rights of the People were recovered; and it is hard to say in which the People had the greatest Intereft, they having an Advantage by every Prerogative of the Crown. Our Conftitution was recovered, at the time of the Reftauration, when the ⚫ whole was violated; and the Cafe of the Revolution is equal to it; Our greateft Privileges, even that on which all others depend, viz. of giving our Consent to ⚫ the making new Laws, or repealing old ones was taken away, and a Difpefing Power set up, in too many In'ftances to be repeated. As the Nation agreed to the Difeafe, fo likewife did they in the Remedy, by which the whole Frame of the Government was entirely re'ftored: A remarkable Proof of the excellent Temper the Nation was in at that time. The Solli- My Lords, faid Robert Eyre Efq; Sollicitor-General, who spoke next to the fame Article: citor-General's speech. T HE Prayers appointed by Authority to be used on the 5th of November regard a double Deliverance 'from the Gun-Powder-Treafon. Plot; but this Criminal has condemn'd Refiftance in all cafes whatsoever. He 'takes Notice of the Revolution only to give it up. He allows that to be true which every Man, and he himfelf, knows to be falle. He fays the late King difown'd, and difclaim'd, all manner of Refftance; and that to impute Refiftance to the Revolution, is to caft odious Colours upon bis late Majefty, which the Commons apprehend to be a full Proof of the Affertion in the firft Article; For Refiftance was the necessary Means used to bring about the • REVOLUTION: And it carries a high Reflection upon our Great and Glorious Deliverer to say he disclaim'd all RESISTANCE, whilft he was actually Engag'd in it, • for the Resettlement of our Conftitution, and to preferve us from Popery and Arbitrary Power, which was the whole Design of his Labours, through bis most glorious Reign. ! The A.C. 'The Commons had Reafon to hope, after fo many Year's Enjoyment of all the Happiness of a Free-born 17. • People, and at a time when the Subje&s of this Kingdom enjoy'd their full Liberties under the Queen's moft Excellent Adminiftration; no Person would have been fo WICKED, as to have caft any Reflection upon the Means whereby thefe Blings were obtained and continued to us. ་ But fince all these Enjoyments cannot fatisfi, or fettle the reflefs and turbulent Spirits of the Enemies of the Revolution; The Commons think it their indefpenfible Duty to the Crown, and to their Country, to demand your Lordihip's Judgment on this Important Subje&t which is the more neceffary at this time, because it is plain and obvious; that fince the late Attempts made by the PRETENDER thefe Principles have been efpous'd, with more than ordinary Warmtb, and Zeal; and the Commons apprehend it can have no other Tendency, but to blacken the Revolution, and weaken the prefent Settlement, Your Lordships will not only consider with Regard to her Majefty, but to the prefent Settlement of the Prote. 'ftan: Succeffion, That if the Refiftance of the Revolution was not Legal, That A of Settlement can have no greater Force than an A& pafs'd under an Ufurper: And the Commons think it of the greateft Confequence to maintain it at this time when her Majefty's most implacable Enemies, the Friends of the PRETENDER, can anvance his Title on no other Pretence, but that of HEREDI. 'TARY RIGHT. The Commons, therefore, out of the Allegiance they owe, and fhall ever pay her Majefty; ' and to guard her Throne againft every Infinuation of 'thofe that are for the Pretender, think themselves oblig'd to lay thofe Things before your Lordships; efpecially 'confidering of what Confequence the Reflections now 'caft upon the Revolution may be to this Kingdom here• after. My Lords, fail Sir John Holland who spoke next; TH Sir John Holland's H E prefent Confideration is of the greateft Impor- Speech. tance: No less than whether your Lordships, and 'fo many of the Commons of Great-Britain, who took up Arms at the Revolution were really REBELS? And whe. ⚫ther our late glorious DELIVERER was an USURPER, or not? The Criminal was aware of this juft Objection, which appears by his Endeavours, on fecond Thoughts, to make us believe that by RESISTANCE he meant • CONQUEST, which he could not expect to hear of, ⚫ without the utmoft Refentment of the Commons. It 83 · is A C. 17. Mr. Wal เ is an unaccountable Prefumption that he could imagine fo mean a Subterfuge fhould prevent your Lordship's Juftice, which the Commons ask in this Cafe for his Reformation, and an Example to others. The Commons would by no means be underfood, as if they thought the People were to be the fudges when and how far they are to obey. We a· gree the Laws of Obedience, both Divine and Human,are very exprefs and poffitive; out NECESSITY will always make a juftifiable Exception. So much depends upon the Revolution that the Cons are highly Jealous of the Honour of it. Twenty Years it has been fettled, but it is not fo long fi ce the PRETENDER, and his Adherents endeavour'd to invade it; and when they shall hear that the Revolution is branded in Sermons, as is now ufual, it may have Confequences fo in, that we hope it shall · not now be done without Impunity. Mr. Walpole spoke next in these Words: My Lords, pole's Speech. Injurious the Doctrines now in Queftion may be to doubt but your Lordships have obferved, how the Kingdom, and how loudly they call for your Lordfhips Juftice. When Mercenary Scriblers are Employ'd by a Party to vent their Malice, it may be fit to leave them to the Courfe of Common Fuftice: But when the •Trumpet is founded in Sion; when the Pulpit takes up the Cudgels, and gives the ALARM: When these BITTER AND POISONOUS PILLS are gilded over with the • fpecious Name of Loyalty, and People are taught to SWALLOW them up for their SOUL's and CONSCIENCE's 'fake, the Commons cannot but think it high time to put a stop to this growing Evil; and they cannot apprehend, but that the juft Refentment they have shewn on this Occafion, will meet with Applaufe from all those that are fincere Friends to her Majefty and her Government, and to the Proteftant Succeffion as is eftablifh'd by Law; and therefore I do not wonder to fee her Enemies concern'd at this Tryal. The very Being of our prefent Government is the RESISTANCE that was neceffarily used at the REVOLUTION: And it is a moft furprizing Affurance, That while the Enemies of our State are ftriking at the Root of All, they should be • able to pass themselves upon the Wold for either: Tore • commend themselves to the Queen, they find Fault with • that REVOLUTION, without which she never would have been a QUEEN, and We the moft miferable of People. If Refiftance be in no way fafe to be allowed, then all the great Privileges enacted in the Petition of Rights are • are meer Pretences Refiftance is no where enacted to be Legal, but fubj to all Laws in being, under the higheft Penalties: The Doctrine of unlimited Paffive• Obedience is calculated for abfolute Power: But it cannet · be an Advantage, or Security, to her Majesty, who neither wints, nor defires it; What can the meaning of this Attempt be, but to prepare the People to be ready to • Embrace a Government, in which it is like to be expected from them? A. C. 17. Sir John Holles fpoke next, on the fame Argument, and Sir John next to him General Stanhope made a remarkable Speech, Holles. full of manly Oratory, and deliver'd with Spirit and Ve- General hemence. He faid, among other things, That if D. Stanhope's Speech. • Sacbeverell had preach'd his Sermon in a Conventicle of difaffected Perfons, maintaia'd by fome deluded Wo. · men, no Notice fhould have been taken of so nonsen- $ 4 |