THE OATHS OF Irish Papists NO EVIDENNCE AGAINST Protestants: OR, A Warning piece to JƲRORS. In a LETTER to a FRIEND.

SIR!

THE present state of things affords such various matter of serious reflection, that to give you my Opinion concerning it, would be to confound and intangle my thoughts in the most intricate Labyrinths of Popish Villanies, and render my Discourse as confus'd a Chaos as the Subject of it. I have therefore singled out this one Question, as more par­ticularly deserving a satisfactory Answer:

Whether notwithstanding many full and positive Oaths of IRISH PAPISTS, a Protestant JURY may with a safe conscience give their Verdict contrary to the matter sworn in the present business of a PRESBYTERIAN Plot?

AND in Answer hereunto, I humbly offer to your more solid judgment these following Considerations.

I.

PROTESTANTS in the general are suppos'd to be very well satisfied of this Real Truth, That 'tis a Popish Principle inseparably annext to that Faithless Religion, That Faith is not to be kept with Hereticks. And the experience of all Ages confirms their Practice to be conformable to Principles of their own making, however unsuitable they have been to those of Christianity. To instance in particular persons, nay to enu­merate Popish Princes as well as their Council of Constance, who have given abundant testimony to the truth of this Assertion, would take up too much room in this short Discourse, and insi­nuate that you are either not at all, or (at least) a very igno­rant Protestant. But since 'tis more consonant to the present Design, I can't forbear to refer you to the several accounts which have been given of the Irish Rebellion in 41. and those yet living witnesses of the Truth thereof, by which you may be satisfied that this one Excuse cut the throats of many thousand Protestants in that Kingdom, who surrendred themselves upon the promise of Life and safe Convoy into the English Quarters; and yet were forth­with most barbarously Butcher'd. This Principle, I say, was the only Funeral-Service of those poor credulous Murder'd Inno­cents.

II.

WE have therefore very little reason to expect that any other Oath should be thought more obligatory than that of Alle­giance hath been; or that Perjury should be more scrupled by a Roman Conscience than Massacres and Murders. But the Papists in that Kingdom did not only by the Martyrdom of some Hundred [Page 3] of thousands, give as great testimony to the Falseness and Cru­elty of their Religion, as the primitive Martyrs did to the truth of Christianity: But as they had Treason enough to forfeit their Estates, so they had Liberty of Conscience enough to save them too in this very point of Perjury. For the price of an Irish Pa­pists Oath was as generally known at the Court of Claims, as that of all sins is at the Court of Rome: And the multitude of persons in that Kingdom that enjoy their Estates, tho' actually concern'd in that Horrid Rebellion, is a sufficient evidence of the truth hereof. So that if it were demanded, I doubt not but most of the Protestants in Ireland would sign a Certificate to this purpose; and if Oaths were so plentiful a Commodity that a small sum could purchase them to save the Estates of others, and that only for the advancement of a particular Papist; how will those in whom want, and baseness, and lewd principles, all concur to qualifie them for such a purpose, judg an Oath or two an easie purchase of Wealth and Favour, Fame and Saint­ship to themselves, the Advancement of the Catholick Cause, and the utter destruction of Three Nations of Hereticks? Alas! 'twas a small piece of Policy to teach their Cubs of Five or Six year old to stab the Protestants Children! A Butcher's Trade, ev'n in the Irish Shambles, is not worth an Apprenticeship, if their Childrens Tongues can do so much more than their Fathers hands, by making them dye like Traytors, whose Ancestors they de­stroy'd as Innocents, if not Martyrs; whilst a Protestant Jury by believing their Evidence, will be unhappily assistant to make them as impudent in this way of Murder, as they were in the Other.

III.

BUT let me a little consider the Gift of Swearing more parti­cularly: Certainly an Oath unless given by lawful Authority, is not more considerable than we so abundantly hear in common discourse; and therefore if these Irish Witnesses are of opinion That the King, nor any person deriving Authority from him, have power to administer an Oath, and the Courts of Judicature no more material in this case than the Market-place, a Jury may as well believe the full-mouth'd Oaths which have these many [Page 4] months infected the air, as a proof of a Presbyterian Plot in gene­ral, as they can the Depositions of such persons to fix it on any Protestant in particular. But that our Kings have been, and His present Majesty (as He is a Protestant Prince) is now Actually Excommunicated by the Pope, not only by his Bulla Cenae, but particularly and by Name; and his Subjects Absolv'd from their Allegiance, and any acknowledgment of his Authority, is past all contradiction; so that upon the matter, I am as much bound to believe every Damn-me, as such mens Oaths. But besides, 'tis universally known, with what contempt the Papists have at all times us'd our English Bibles, and especially in Ireland, where they have depos'd that on the Evangelists which they have re­fus'd on the Mass-Book. Agen: Their Doctrine of Equivocation has such influence on this Affair, that the Assertion of a Prote­stant must be far more considerable than a Romanists Oath. For when they have sworn matter most intelligible, and in expressi­ons most emphatical, no Juror can possibly know what they mean. For still they may have a Reservation in their minds of a quite contrary sense, for ought he knows. And it can be no objection, That they boggle at the Oath of Supremacy; for the foundation of their Religion is so directly contrary to the matter of that Oath, that the very sound of the words in the ears of Protestants out of a Roman mouth, is not to be endur'd by the Holy See, unless dispenc'd with on particular occasions. Neither can it be urg'd with any success, That Protestants at this rate could not possibly live and enjoy their Estates in that Kingdom: For (as every Climate has peculiar Medicine suited to the predomi­nant Maladies thereof; so) their want of Honesty is tolerably remedied by their want of sense; and they have been so often detected, that 'tis the invincible Charity of the English which preserves the whole Herd from the common fate of Lyars. And here I cannot forbear to instance in one Example of their prodi­gious want of Thought. I could name the persons, parties to the Action, in which two Irish men swore that they were Witnesses to a Deed of Lease made by a certain Lord there on a set day, and a set place; when upon examination it was found that the Lord was dead ten years and above before the time depos'd: And they will generally, tho' they can neither Read nor Write, swear to Limitations of Estates at Thirty years distance, which [Page 5] the Councellor himself will scarcely undertake to remember the next day after the Conveyance. And here I must not neglect the objection, That if they be such block-heads, they will easily dis­cover themselves: For there never was a Nation of fools, tho' that Qualification may be most predominant; and the Popish Party in England have exprest so much both of the subtilty and poyson of the Serpent, that it must not be thought strange tho' some prove more docible than the St. Omers Lads.

IV.

BUT I expect it will be retorted, That upon the Evidence of these persons Protestant Juries have not scrupled to pronounce many guilty of the most horrid Crimes. And that this may give pretence to Popish Juries, if we must ever be so miserable as to be tryed by such, to give as little credit to a Protestant Oath as we do to a Po­pish. To the first I answer: That there is no other Evidence can be expected of Popish Treasons, but some of their own Con­federates (I mean as to Oral Testimony): Those Oaths of Se­crecy which have been administred in their Respective Plots since the Gunpowder-Treason, and were so lately renew'd in Ireland, ex­clude all Protestants from the knowledg of their practises: And the Discoverer of the Horrid Irish Rebellion in 41. was forc't to take Oaths and Sacraments enough to damn a World, before he was capable of that Service which he did in preserving the City of Dublin. Besides, he must be suppos'd more likely to speak truth, who pretends to discover a Plot among persons of his own Persuasion, and intimate acquaintance, than against those whom they always reckon their most formidable Enemies, and have so often us'd as such, especially when the Discovery of it exposes him to the greatest dangers, and makes him forfeit both his Re­ligion and Relations; and he swears without the assistance of the forementioned principle, or any temptation: Such an one, I say, is much rather to be credited than he who will needs be a Discoverer of Designs among persons of a far different judgment, and his professed Enemies; and who will be reckon'd almost as much deserving pity for their more than Irish folly, as hatred for their detestable Treasons, should they be guilty of the Crimes pretended. But perhaps 'twas not the Oaths of the Irish Wit­nesses, [Page 6] so much as the Irresistible Evidence of concurring circum­stances, and violent presumptions, which 'tis probable did most influence the Jurors in those Verdicts: For he that either knows (or has heard) any thing of the state of Ireland, must confess, That since they became subject to the English Government, every Forty years at least hath produc'd an Actual Rebellion, and the seeds thereof are continually sowing, and more industriously cultivated amongst them since the Reformation, by the Romish Emissaries. And why should we not think Protestant Plotters (if such there be) as prudent to keep their Intrigues from the knowledg of such Weather-cocks as the Irish are generally reputed; as the Romanists, who never discover theirs unless to persons fixt to their Party with all possible Obligations? For such Reasons as these we believe Papists against Papists: But cannot (their Principles consider'd) allow them to be suffi­cient Evidence against Protestants, as well for the Causes before-mentioned, as also for this considerable difference: A Pro­testant believes Perjury in any case against any person, be he Papist, Jew or Infidel, to be a damnable Sin; and that no person on Earth can Pardon it, or Absolve him for such a Guilt. But a Papist either believes that 'tis meritorious to forswear him­self against an Heretick, when it may considerably advantage Holy Church; or at worst, if it be a Crime, he knows 'tis but go­ing to Confession, and he can get an Absolution, which you need not doubt but in such Cases as we are speaking of, the Ghostly Father will grant a very easie Penance: which being once per­formed, our Irish Popish Evidence reckons himself as clear from the Guilt of the Perjury, and all the Murders thereby occasion'd, as the Child unborn.

V.

BUT as to the other part of the Objection, drawn from the fear of such usage from them, viz. That if we won't believe Po­pish Witnesses now, they won't believe Protestant Witnesses another day. The answer is very plain. Surely no Protestant expects to be troubled with a Trial for Treason, in case we must be blest with a Popish Successor. Heresie is a ready and greater Crime, and that in the Roman sense every true Protestant will be Con­victed [Page 7] of by his own Confession, without Verdict. But supposing the Wolf should Parley with the Lamb, and give a Protestant Tri­al on an Accusation for Treason; or upon Issue join'd between a Papist and Protestant under such a Government, unless they can charge the Protestant Principles with the same Justice, with which we condemn theirs, Equity demands more credit to our Depo­sitions: But the sad Instances in the Neighbour-Nation, of what Right Protestants find in Popish Judicatures, makes this Objection of as little Weight, as their Oppressions are heavy and intole­rable.

VI.

ONCE more consider, what a special case the Lord Shafts­bury (for example) or any other Protestant so publickly engag'd against Popery, should be in, if Coleman and that Herd of Priests and Jesuits, who have lyed and equivocated themselves into the other world, were alive, and the Plot undiscover'd? Will any Protestant believe that the Authors of those Speeches which they left behind them (those prodigious Untruths of seared Consci­ences, which had not the Divine Oracles warn'd us of, we could not believe any thing of humane shape could utter on this side of Hell) would have made any more scruple to accuse others, than they did to excuse themselves? and yet they had not that Em­phatical addition of Irish Witnesses! The Case indeed had been extremely difficult to have clear'd a person charg'd by so many Witnesses; especially when the Quality of the persons might have been better conceal'd, than that of Modern Swearers. But the Reason, why noted Protestants have so long liv'd free from such Hellish Attempts, must, next to the Protection of Divine Provi­dence, be imputed to their spotless Loyalty and prudent Circum­spection; and on the other part, to the fear of detection, which hath a far greater awe on Catholick Consciences than that of Dam­nation.

VII.

I observe, that when Mr. F—had chang'd his Coat, and was grown too Court-like for his former Acquaintance, he pre­sently [Page 8] chang'd his Note too; and the Influence of Surprizing Gold was such, that his foolish Ostentations were render'd ridi­culous by Mr. M—himself, to whom he often produced his Handful of Temptation: And I no sooner saw Mr. M—new-thatcht, but he had found a New Plot; I suppose in the Pockets of his New Cloaths. For will any man of common Sense be­lieve, that if the Protestant Interest had been so far left of God, that they should endeavour to secure themselves by Subornation, they would not also have put these men beyond the Tempta­tion of a piece of Cloath and a few Guinies? But if some persons of the Protestant Religion, out of pity to their seeming Neces­sities, who pretended to leave their Country and their Gods, to save Innocent Blood, did contribute so far as not to suffer these wretches to starve, who can conclude hence the Guilt of Subor­nation? That they did so much as to keep them alive, is an Evi­dence of Christian Charity; and that they did no more, is an in­vincible Proof of their Christian Truth, Loyalty, and Inno­cence.

VIII.

BUT (some say) One positive Oath, nay oftentimes presum­ptions without an Oath are sufficient Evidence to a Grand Jury. To this what I have already said, may I hope give some Answer. The Question is not, Whether a Jury may give their Verdict a­gainst Evidence? But whether such Oaths are any Evidence to a Jury, where the things sworn are Improbable, nay morally Im­possible? Can a Jury find a Bill, because some Fellows say, (for I have before proved an Oath with them to be no more) that the person is Guilty, when the matter of the Accusation is absurd; and 'tis apparent their Principles, their Cloaths, their Pockets and their Salvation incline 'em to such an Assertion? But this is but an Accusation, say others; and the business of a Grand Jury is only to bring the party accused to Answer: But not to say a Con­spiracy, because some people say a Conspiracy, was a Caution gi­ven long ago by the Prophet. And certainly, a false Accusation is but few degrees less Devilish than a false Condemnation; and he that will Accuse another without grounds, will make but little Conscience to Condemn him too. But there are Peers con­cern'd, [Page 9] and according to the present Scheme of our Laws, a Peer seems to be in a worse condition on any Criminal Charge, than the meanest Commoner. For the latter, besides the Grand Juries Accusation, must have another Jury Impannell'd by the Sheriff, who is sworn impartially to execute his Office; and he has the liberty in Case of Treason to except peremptorily against Thirty Five without assigning any Cause, and against as many more as he can shew just Reason; and then the Twelve that he puts himself upon, (who must be of his own Neighbourhood) are upon Oath, and can make no Verdict against him without every man of them agree to it. Whereas when once a Bill is found against a Peer, his Tryal (unless in Case of Impeach­ments) is by a select number of Peers (commonly Twenty Five) constituted by Royal Commission; against any of whom, tho' his known and profess'd Enemies, he is allowed no Liberty of Challenge. And as they are not Sworn, so likewise the Majority of their Voices includes the rest; so that if any Thirteen of them are pleased to pronounce him Guilty, To the Gibbet, or at least to the Ax he must go. And therefore certainly it concerns Grand Juries (especially in such Cases) to be duely circumspect and well satisfied of the Evidence on which they find Bills, wherein a mans Life, and Estate, and Honour, and the utter Ruine of his Family is concern'd. For should we ever fall un­der a Popish Successor, 'tis to be feared in such cases, Accusation and Condemnation will differ only Objectivè in Intellectu. For should a Bill be found against a Protestant Lord, one might with­out consulting the Stars, or breach of Prerogative, venture to name the Triers, and foretel the Verdict. For though I have a just Deference and Veneration for the English Nobility; yet 'tis not easily to be decided, whether in case of this vast consequence to the Popish Interest, the Honour of Popish Lords, or the Oaths of their Commons, deserve the greater credit.

IX.

BUT still 'tis Objected, That a Lawful Witness is according to the general sense of the Law, such a Witness as is allow'd by the Laws of the Realm; and if what has been said be true, How is it that there is no Law disabling persons of this Character to be allow'd as Evidence? 'Tis true, the Law admits almost all persons to be Sworn as Witnesses; but the Oath of every Lawful Witness (in this sense) is not Evidence, as was remark­ably [Page 10] Adjudg'd in the Case of Mr. Dangerfield. And if the De­bauch'd Practices of a Witness will destroy his Evidence, for the supposition that he dare be perjur'd, tho' he is also suppos'd to know it to be a Sin, What Influence will debauch'd Principles, which make Perjury a Duty, have to take away the Credit of a Witness? If the Oaths of Swearers were sufficient to rule the Conscienees of Twelve men, without any consideration of the Persons, or their Principles, or the matter Sworn; how little are we beholding to that Clause of Magna Charta, which con­firms the antient Law of Trials by Jurors? It is a wonderful grace in a Protestant Kingdom, that the Romanists, who own Al­legiance to a Foreign Power, are permitted to enjoy Liberam Legem; and while such undeserved Favour is continued, they can't be Excluded from Swearing, or Challeng'd to be Witnesses; but still 'tis left to the Jury to value their Testimony; And (espe­cially in this case of concern to Holy Mother Church) they are, as in Cases of Alliance, Relation, and parties in Interest, to be Sworn indeed; but their Credit left to those of the Jury, which in Civil Causes may be considerable; but where the Catholick Cause is concern'd, cannot be so.

X.

BUT what is it which these Fellows would Swear upon the World? A Plot! a Plot of Protestants against themselves! and (the only security they have under God) the Life of their Prince! A Sham so often discover'd, and so generally known, that by attempting to Retrieve it, they demonstrate their matchless Im­pudence, and the desperate condition of their Cause. Mr. Dan­gerfield (how honest soever he be grown) is not yet arriv'd to such perfection, as to pretend a Prophetick Spirit; yet his particular Narrative will well serve for a History of the Presbyterian-Plot. The Paper-Designs indeed were ruin'd by the Meal-Tub, his and Fitz-Harris's Business; and there was no hiding Treason in Pres­byterian Houses or Pockets; but Downright Swearing will serve as well; and the 500 l. which Dangerfield had merited by one Stab, will go a good way in Irish Oaths. You must know, Sir, these watchful Loyalists spy'd Treason just peeping out of Presby­terian mouths, and sink down agen into their hearts! And if Oaths will do, they will have it out Blood and all. But we in the Countrey can never believe that His Majesty (who was plea­sed to declare in Council, that he gave no credit to Dangerfield's [Page 11] private pretended Discovery, because the business was impossible, can encline His Royal Heart to believe the same Sham on such paltry Testimony; or that the Army listed in the Meal-tub, can ever attempt much on his Person; but rather, that the whole business is a Story contriv'd, and consented to, and carried on in general by the Popish Party, and intended for a Mask, hoping that whilst the King, if His Majesty should believe it, was pre­paring for the Safety of His Sacred Person, against the pretended Conspiracy of the Presbyterian Party, they might have the more time to move on with their own Plot, which was still to possess the King with the real belief of the said Sham-Plot. See Dangerfields Narrat. p. 34.

XI.

NOR is it sufficient to Apologize for these Witnesses, That possibly they profess themselves Protestants; considering how easie 'tis for a Romanist to take a new Epithete according to the na­ture of his design. Therefore what Profession he was of when his Thoughts were free and undisturb'd with the Temptations of Honour and Wealth, must be the Rule of Judgment, espe­cially when his Actions are still apparently calculated for the Interest of the Religion, which he pretends to have abandoned, and against that which he would be thought to have embraced. And tho' the small Remains of Humanity, which Antichristi­anism leaves, improved by the probability of Advantage, might provoke them to discover the Irish Treasons; yet when the hopes of the Reward vanishes, and the Traytors seem to have weather'd the point, and have Reason to promise themselves Success, what can be more natural than to accept of Reconciliation to the pre­vailing Party on Terms of such extraordinary Advantage both to the Cause and themselves? 'Twas no slight Argument of the Lords of the Philistines to disswade Achish from accepting Da­vids Service, Wherewith shall he reconcile himself to his Master, but with the heads of these men? And the same Argument can't be inconsiderable in our case to any man of tolerable understand­ing. And truly these mens Circumstances duly considered, tho' they were persons otherwise of some Credit; their Te­stimony in this Case seems very unhappy: For either there is a Popish Plot or no: If there be, the design of the casting the odium of it on the Prsbyterians, evidently appears (in the business of Claypole and the Discoveries before mentioned) to have been from [Page 12] the most labour'd Scene of that horrid Tragedy; and then for a Protestant to be credulous of such a forg'd design, is little less than Self-Murder. But if there be no Popish Plot, these persons are already perjur'd; and consequently their Evidence wholly insufficient.

XII.

BUT there is a Corner of the World near Oxford, where, as if the University did not only Monopolize the Learning, but the very Sense of the County too, there are (they say) Twelve men to be found, who notwithstanding all this, are ready to shew their implicite Faith, That they have lately approved themselves fit for this (pretended Loyal) Service, without all Contradiction, in a very remarkable manner; For some Persons in that County being lately presented for Conventiclers, and the Evidence prov­ing only an Assembly of four beside the Family; the Jury was directed, That according to the very Letter and sense of the Sta­tute, they could not find the Persons guilty; yet such was the Zeal of these blessed Jurors (you must believe) for the Protestant Religion established by Law, That notwithstanding the Mathema­tical Demonstration, That 4 are not 5 or more, they could do no less than find them Guilty.

BUT Sir, in what I have said, I would not be understood to excuse Treason in men of my own Religion. I should abhor my very being, should my Soul be contaminated with the least spot of Treason against my Sovereign; and nothing is more serious­ly my desire, than that all Persons who are guilty, may be brought to condign punishment; neither will I affirm, That 'tis impossible for a man zealous for the Protestant Religion, to be betray'd in­to Treason by his Passions, tho' I am sure he can never be so by his Principles. And if any such person suffer for it, there's no Reason that Protestants should be reproacht on that account. But this general Design of Protestants so much talkt of, if it be impos'd on the belief of English men upon no better grounds than I have yet heard, ENTER ROME TRIUMPHANT, I [...]paean to the Whore of Babylon; we are fit to pay Peter Pence once more; When we begin to deny Mathematical Demonstration, and to believe a Presbyterian Plot on Popish Evidence, we are just moulded to receive the impression of all absurdities, even the Popes Infallibility and Transubstantiation it self.

Yours Philanglus.

LONDON: Prined for William Inghall the Eld. Book-binder. 1681.

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