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Will.III. own a jealoufy, that the Louis d'ors, fent hither of late had 1701. not come over to England for nothing. This difpofition, to blame the flownefs in which the commons proceeded with refpect to affairs abroad, fpread itself through all England, and more efpecially in Kent. Those of that country, in a diflike of the conduct of the commons, fent up the following petition to that house:

May S.

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E the gentlemen, juftices of the peace, grand “W jury, and other frecholders, at the general quar

❝ter feffions of peace at Maidstone in Kent, deeply con"cerned at the dangerous eftate of this kingdom, and of all "Europe; and confidering, that the fate of us and our po❝fterity depends upon the wildom of our representatives in "parliament, think ourfelves bound in duty humbly to lay "before this honourable houfe the confequences, in this "conjuncture, of your speedy refolution, and most sincere "endeavour, to aniwer the great truft repofed in you by "your country.

And in regard, that from the experience of all ages it is "manifeft, ro nation can be great or happy without union; "we hope that no pretence whatfoever fhail be able to create

a mifunderstanding among ourfelves, or the leaft distrust "of his moft facred majesty, whofe great actions for this "nation are writ in the hearts of his fubjects, and can never, "without the blackett ir gratitude, be forgot.

“We moit humbly a piore this honourable houfe to have "regard to the voice of the people,' that our religion and “fatety may be efficailly provided for; that your loyal ad«drelles may be turned Cato bills of fupply; and that his "moi tacred majesty (where propitious and unblemished "reign over us we pray God long to continue) may be « arab'ed power'aly to amit his allies, before it is too

T's getton was gred by the deputy-lieutenants there e probat, above twenty juices of the peace, all the grandjeres and odor trecho ders, and was boldly delivered to the kowie of avisens on the 8th of May; and William ColePos Day Colepepper, David Polhill, Juftinian Champers and Wabam Hamilton, Efquires, being called De peut on at the bar, and their hands to the 15x then withdrew, and, the petition being read, ta, Some washed, "That the petition was fcandalous, inWash and dicus, tending to deftroy the conftitution

"of

"of parliaments, and to fubvert the established government Will.III. "of thefe realms." And then ordered, "That all thofe 1701. "gentlemen fhould be taken into cuftody, as guilty of pro"moting the petition." And on the 14th of May, the house being informed, that Mr. Thomas Colepepper had made his efcape, and that the reft of the perfons committed were like to be refcued, ordered them to be delivered prifoners to the Gate-house, and agreed to addrefs his majefty, to iffue his proclamation for apprehending Mr. Colepepper, and for putting out of the commiffions of peace and lieutenancy fuch others, as were in any of the faid commiffions. But Mr. Colepepper made a voluntary furrender of himself, and was confined with his neighbours (b).

(b) The committing of thefe gentlemen is juftified by Dr. Drake, in his History of the laft parliament,' who afferts, "That the commons had been "wanting in their duty to the people, whofe reprefentatives they are, if they had tamely "put up fuch an infult upon

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On the other fide, the Kentifh gentlemen were vindicated in a piece, printed in 1701, and reprinted in the third volume of the State-Tracts during the reign of king William, and intitled, Jura Populi Angli

"their authority, without fhew-cani: Or, the fubjects right

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ing their refentment, and of Petitioning fet forth, occa"thereby deterring others from fioned by the cafe of the Ken"following an example of fo tifh Petitioners. With fome "dangerous confequence." And thoughts on the reafons, which he cites a paffage from colonel induced thofe Gentlemen to Algernon Sidney's Difcourfe petition; and of the Com' of Government,' C. 3. §. 44. mons right of imprisoning.' P. 451, 454, upon the point of The author of this piece obferves petitioning; whence he obferves, in his preface, "That it was a "It is plain, that the Kentish "melancholy reflection to con"petitioners were guilty not "fider how univerfal a diffatis"only of misbehaviour and ill" faction the management of "manners to the house, but of a notorious violation of the rights of the people, in affu

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"the houfe of commons had
"this laft feffion caused in the
"people of England; and that
"among thofe, who arraigned
"their proceedings, there were

66

none, who did not make the "treatment of the five gentle

ming to themselves a power, "which belonged to the whole; " and therefore the houfe could "not, without breach of trust, "pafs over uncorrected fuch ** ufurpations upon the whole "commons, and fuch affronts upon their reprefentatives, and that the most intelligent

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men, who prefented the "Kentish petition, one article "ofimpeachment against them;

66

part

Will.III. 1701.

This imprisonment of the Kentish petitioners did but inflame those people, who were before displeased with the pro

66 part of the people had been "free in saying, that the pu"nishment of them plainly de"monftrated very extraordinary "defigns, and must be allowed, 66 even by men of candour and "fenfe to give juft grounds for "all the jealoufies and fufpi"cions, that had been enter"tained." He then obferves, "That it was not to be won"dered at, that the imprifon"ment of the Kentish petition"6 ers should have the voices of "the major part of the house of commons, when (besides the great inclination difcovered by the speaker) Sir Edward "Seymour, Sir Bartholomew "Shower, Mr. John Howe, "Mr. Hammond, Mr. Har

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court, and others, preffed "violently for it. What fo many leaders in the party con"tended earnestly for, could

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not but have the approba"tion of thofe, who voted as conftantly with them, as if they thought it both their duty and intereft fo to do. "But, though that was the act "of the greater part, it was not "of the whole houfe of com

mons. All thofe worthy and "honourable members, who

have always firmly adhered "to his majesty's intereft, who "have affociated for him, who "have given perpetual demon"trations of their enmity to "France and the abdicated family, and heartily defired to have all thofe things done, Rich the Kentish gentlemen editioned for, were averfe to

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ceedings

this, as they were to other "fatal proceedings, which yet they had not power to pre"vent." He then endeavours to fhew, that the house of commons are not reprefentatives of the whole people of England,' and that, the houfe of lords are no lefs reprefentatives of the people of England than they." He obferves, that the Tory party had governed the houfe of commons the laft feffion. "If we con"fider the men, (fays he) and

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compare what they have done "with the pretended principles "of their party, it will hardly "feem odder to fee Sir Edward

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ceedings of the commons, and gave occafion to a piece, fup- Will. III. pofed to be drawn by Daniel de Foe, intitled, A memo

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"ferved not the name of loyal

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fubjects, unless we valued his "life more than our own, and "would do all that lay in our

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power to preferve him and "his governinent, by fhewing "an inclination to deftroy his "enemies. Is this the temper "and fpirit of our prefent times? "Are not Sir Edward Seymour, "Sir Chriftopher Mufgrave and

forty more, at this very time, "members of the houfe of com

mons, and of this Tory party, "who, when the confpiracy " against the king was difco*vered, and an army lay ready "to invade us, refufed the Vo

"ningtons, St. Johns, H-y of "Weymouth, B-fton, H-n, "Ryb, and others of that "leaven, members of this fra"ternity? It is methinks hard "to fay how a faction blended "with fuch a number of names "noted for their inveteracy to "the true Tory principles, can "be called a Tory party? Nothing fure, but mere neceffity "and want of men to ferve "fome great defign, could make "them, who pretend to be 63 ge"nuine Tories, and confe"quently muft hate a Compre"henfion, and love to keep "their party pure and unmixed, "herd with a fett of men fo "odious to them. But upon "fecond thoughts the wonder "will not feem fo great: What"ever difference might formerly have been between "them, it will upon a fair exa"mination now appear, that "there is a great agreement in "their principles, and that thofe "who keep up their faction by retaining the name of To"ries, and running

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luntary Affociation, which "was reckoned the best expe"dient to preferve the king's "life, and prevent the ruin of "this kingdom? Formerly To

And, in the late reign, when "the army confifted of nineteen "thousand men, and the king "had no other occafion for "them but to terrify and afflic

ries reckoned it an act of "duty and loyalty to repofe an "intire confidence in the king, "and to defire, that he might "be gratified, as with every "thing elfe, fo particularly with "fuch an army as he defired. 66 down Whigs, have nothing but the "bare name of their party, and are that very thing, which they ran down. This will be very evident to any one, who "will bat take a fhort view of what they have done, and com"parethe loyalty of theirbehavi"our with their loyal principles. "Formerly the Tory doctrine "was, That the king was "the breath of our no"trils that we failed in our allegiance to him, and deVOL. XV.

44

his own fubjects, Sir Chrifto"pher Mufgrave was pleated "to fay in the houfe of commons, It was a deplorable thing, that the king should "have no better army." Was

166

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it not that good old loyalift,

and the men of that party "principally, who reduced his "pretent majelty to the allowM

**ance

1701.

' of the Counties of

Will. III. rial from the Gentlemen, Freeholders, and Inhabitants in behalf of themselves and many

1701.

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"feffion tacked to a money-bill
"(as the Jacobites fay it will be)
"then we fhall fee the Prote-
"ftant religion as well fecured,
"as fome people would have it,
"who now turn the methods of
"fecuring it into jeft and ridi-
"cule. I could heartily wish
"there were no other inftances
"but thofe I have here men-
"tioned, of the ill treatment
"which both the monarchy
"and hierarchy have had from
"this loyal church-party (as
"they would fain be reputed)
"whofe practices of late have
"been the plain reverse of what
"they formerly profeffed. Have
"not they arraigned the king's
'power in making treaties,'
"which was never difputed in

"ance of feven thousand men,
"and were the cause of all the
"calamities, that have been
"occafioned by it? In the reign
"of king Charles II. when that
"gentleman had grants from
"the king, it would have
"feemed no less a prodigy in
"these kingdoms, to fee a Tory
"houfe of commons offer to in-
"termeddle with the king's
"grants, as they have done,
"and make it an article of im-
"peachment against a great
"minifter, to take a grant from
the crown, than to fee a
"church party, who have told
"us, that the king is Chrift's
"vicegerent, and head of the
"church here upon earth, and
"that he has an uncontroulable
right to dispose, as he pleafes," any former reign, no not by
"of thofe fees, with which the
"crown has endowed the
"church, offer to deftroy the
"king's right, by bringing in
"a bill to prevent the tranfla-
"tion of bithops from one fee
"to another. This bill de-
figned no great favour to the
"king or the hierarchy; yet
"Sir John Packington, who
"brought it into the houfe,
"must be thought a loyalift,
and true fon of the church,
"because he tells churchmen
"that he is fo. Though it was
"a bill for the better fecuring
"the Proteftant religion,' yet
"there are but few Proteftants,
"I believe, concerned, that it
"is adjourned (as the neceffary"
"methods for fecuring our reli-
"gion are) to another feffion of
parliament. If it be the next

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"thofe demagogues in the reign "of king Charles I. whofe me"mories and practises they pre"tend to hate? Have not they "pulled down one principal "pillar and support of the mo"narchy, by creating a diftruft "between the king and his "people, by reprefenting men "unfit for the fervice of the "public, and excluding them "from having any thing to do "in the election of their repre"fentatives, who are in places "of truft under the king? Have

66

they not deftroyed our very "conftitution, and made our "government plainly popular, "under their fole management and direction? Is it not a "popular government, and a "very intolerable one, where "they have ufurped the power

"of

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