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            <author>Penn, William, 1644-1718.</author>
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                  <author>Philanglus.</author>
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            <pb facs="tcp:60050:1"/>
            <pb n="1" facs="tcp:60050:1" rendition="simple:additions"/>
            <head>THE
OATHS
OF
Iriſh Papiſts
NO EVIDENNCE
AGAINST
Proteſtants:
OR,
A Warning piece to J<g ref="char:V">Ʋ</g>RORS. In a LETTER to a FRIEND.</head>
            <opener>
               <salute>SIR!</salute>
            </opener>
            <p>THE preſent ſtate of things affords ſuch <hi>various</hi>
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 <hi>Popiſh Villanies,</hi> and render my
Diſcourſe as confus'd a <hi>Chaos</hi> as the Subject of
it. I have therefore ſingled out this one <hi>Queſtion,</hi> as more par<g ref="char:EOLhyphen"/>ticularly
deſerving a ſatisfactory Anſwer:</p>
            <pb n="2" facs="tcp:60050:2"/>
            <p>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?</p>
            <p>AND in Anſwer hereunto, I humbly offer to your more
ſolid judgment theſe following Conſiderations.</p>
            <div n="1" type="part">
               <head>I.</head>
               <p>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 <hi>Faithleſs Religion,</hi> That
<hi>Faith is not to be kept with Hereticks.</hi> And the experience of all
Ages confirms their Practice to be conformable to Principles of
their <hi>own</hi> making, however unſuitable they have been to thoſe
of <hi>Chriſtianity.</hi> To inſtance in particular perſons, nay to enu<g ref="char:EOLhyphen"/>merate
<hi>Popiſh Princes</hi> as well as their <hi>Council of Conſtance,</hi> who
have given abundant teſtimony to the truth of this Aſſertion,
would take up too much room in this ſhort Diſcourſe, and inſi<g ref="char:EOLhyphen"/>nuate
that you are either not at all, or (at leaſt) a very <hi>igno<g ref="char:EOLhyphen"/>rant
Proteſtant.</hi> 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 <hi>Iriſh Rebellion</hi> in 41. and thoſe yet <hi>living
witneſſes</hi> of the Truth thereof, by which you may be ſatisfied that
this one Excuſe <hi>cut the throats of many thouſand Proteſtants</hi> in that
Kingdom, who ſurrendred themſelves upon the promiſe of Life
and ſafe Convoy into the <hi>Engliſh</hi> Quarters; and yet were forth<g ref="char:EOLhyphen"/>with
moſt barbarouſly Butcher'd. This Principle, I ſay, was the
only <hi>Funeral-Service</hi> of thoſe poor credulous <hi>Murder'd</hi> Inno<g ref="char:EOLhyphen"/>cents.</p>
            </div>
            <div n="2" type="part">
               <head>II.</head>
               <p>WE have therefore very little reaſon to expect that any
<hi>other Oath</hi> ſhould be thought more obligatory than that of <hi>Alle<g ref="char:EOLhyphen"/>giance</hi>
hath been; or that <hi>Perjury</hi> ſhould be more ſcrupled by a
<hi>Roman Conſcience</hi> than <hi>Maſſacres</hi> and <hi>Murders.</hi> But the <hi>Papiſts</hi> in
that Kingdom did not only by the Martyrdom of ſome <hi>Hundred
<pb n="3" facs="tcp:60050:2"/>
of thouſands,</hi> give as great teſtimony to the <hi>Falſeneſs</hi> and <hi>Cru<g ref="char:EOLhyphen"/>elty</hi>
of their Religion, as the primitive <hi>Martyrs</hi> did to the truth
of Chriſtianity: But as they had <hi>Treaſon</hi> enough to <hi>forfeit</hi> their
Eſtates, ſo they had <hi>Liberty of Conſcience</hi> enough to <hi>ſave</hi> them
too in this very point of <hi>Perjury.</hi> For the price of an <hi>Iriſh</hi> Pa<g ref="char:EOLhyphen"/>piſts
<hi>Oath</hi> was as generally known at the <hi>Court of Claims,</hi> as
that of all <hi>ſins</hi> is at the Court of <hi>Rome:</hi> And the multitude of
perſons in that Kingdom that enjoy their <hi>Eſtates,</hi> tho' actually
concern'd in that <hi>Horrid Rebellion,</hi> is a ſufficient evidence of
the truth hereof. So that if it were demanded, I doubt not
but moſt of the <hi>Proteſtants</hi> in <hi>Ireland</hi> would ſign a <hi>Certificate</hi> to
this purpoſe; and if <hi>Oaths</hi> were ſo plentiful a Commodity that
a <hi>ſmall ſum</hi> could purchaſe them to ſave the <hi>Eſtates</hi> of <hi>others,</hi>
and that only for the advancement of a <hi>particular Papiſt;</hi> how
will thoſe in whom <hi>want,</hi> and <hi>baſeneſs,</hi> and <hi>lewd principles,</hi> all
concur to qualifie them for ſuch a purpoſe, judg an <hi>Oath</hi> or
two an <hi>eaſie purchaſe</hi> of Wealth and Favour, Fame and <hi>Saint<g ref="char:EOLhyphen"/>ſhip</hi>
to themſelves, the Advancement of the Catholick Cauſe,
and the utter deſtruction of <hi>Three Nations</hi> of Hereticks? Alas!
'twas a ſmall piece of Policy to teach their <hi>Cubs</hi> of Five or Six
year old to ſtab the <hi>Proteſtants Children!</hi> A Butcher's Trade,
ev'n in the <hi>Iriſh Shambles,</hi> is not worth an <hi>Apprenticeſhip,</hi> if their
Childrens <hi>Tongues</hi> can do ſo much more than their Fathers <hi>hands,</hi>
by making them dye like <hi>Traytors,</hi> whoſe Anceſtors they de<g ref="char:EOLhyphen"/>ſtroy'd
as <hi>Innocents,</hi> if not <hi>Martyrs;</hi> whilſt a Proteſtant Jury by
<hi>believing</hi> their Evidence, will be unhappily aſſiſtant to make
them as <hi>impudent</hi> in this way of <hi>Murder,</hi> as they were in the
<hi>Other.</hi>
               </p>
            </div>
            <div n="3" type="part">
               <head>III.</head>
               <p>BUT let me a little conſider the <hi>Gift of Swearing</hi> more parti<g ref="char:EOLhyphen"/>cularly:
Certainly an Oath <hi>unleſs given by lawful Authority,</hi> is
not more conſiderable than we ſo abundantly hear in common
diſcourſe; and therefore if theſe <hi>Iriſh Witneſſes</hi> are of opinion
That <hi>the King,</hi> nor any perſon deriving Authority from him, have
power to adminiſter an <hi>Oath,</hi> and the <hi>Courts of Judicature</hi> no
more material in this caſe than the Market-place, a Jury may as
well believe the <hi>full-mouth'd Oaths</hi> which have theſe many
<pb n="4" facs="tcp:60050:3"/>
months infected the air, as a proof of a <hi>Presbyterian Plot</hi> in gene<g ref="char:EOLhyphen"/>ral,
as they can the <hi>Depoſitions</hi> of ſuch perſons to fix it on <hi>any</hi>
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 <hi>Bulla Cenae,</hi> 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 <hi>Damn-me,</hi> as ſuch mens Oaths. But beſides, 'tis
univerſally known, with what contempt the Papiſts have at all
times us'd our <hi>Engliſh Bibles,</hi> and eſpecially in <hi>Ireland,</hi> where
they have depos'd that on the <hi>Evangeliſts</hi> which they have re<g ref="char:EOLhyphen"/>fus'd
on the <hi>Maſs-Book.</hi> Agen: Their Doctrine of <hi>Equivocation</hi>
has ſuch influence on this Affair, that the <hi>Aſſertion</hi> of a Prote<g ref="char:EOLhyphen"/>ſtant
muſt be far more conſiderable than a Romaniſts <hi>Oath.</hi> For
when they have ſworn matter moſt intelligible, and in expreſſi<g ref="char:EOLhyphen"/>ons
moſt emphatical, no Juror can poſſibly know what they
mean. For ſtill they may have a Reſervation in their minds of
a quite <hi>contrary ſenſe,</hi> for ought he knows. And it can be no
objection, That they boggle at the Oath of <hi>Supremacy;</hi> for the
foundation of their Religion is ſo directly contrary to the matter
of that Oath, that the very <hi>ſound</hi> of the words in the ears of
Proteſtants out of a <hi>Roman</hi> mouth, is not to be endur'd by the
<hi>Holy See,</hi> unleſs diſpenc'd with on particular occaſions. Neither
can it be urg'd with any ſucceſs, <hi>That Proteſtants at this rate
could not poſſibly live and enjoy their Eſtates in that Kingdom:</hi> For
(as every Climate has peculiar <hi>Medicine</hi> ſuited to the predomi<g ref="char:EOLhyphen"/>nant
<hi>Maladies</hi> thereof; ſo) their <hi>want of Honeſty</hi> is tolerably
remedied by their <hi>want of ſenſe;</hi> and they have been ſo often
detected, that 'tis the invincible Charity of the <hi>Engliſh</hi> which
preſerves the whole Herd from the common fate of <hi>Lyars.</hi> And
here I cannot forbear to inſtance in <hi>one Example</hi> of their prodi<g ref="char:EOLhyphen"/>gious
want of <hi>Thought.</hi> I could name the perſons, parties to the
<hi>Action,</hi> in which two <hi>Iriſh</hi> men ſwore that they were Witneſſes
to a <hi>Deed of Leaſe</hi> made by a certain Lord there on a ſet day,
and a ſet place; when upon examination it was found that the
Lord was <hi>dead ten years and above</hi> before the time depos'd:
And they will generally, tho' they can neither <hi>Read nor Write,</hi>
ſwear to <hi>Limitations of Eſtates</hi> at Thirty years diſtance, which
<pb n="5" facs="tcp:60050:3"/>
the Councellor himſelf will ſcarcely undertake to remember the
next day after the <hi>Conveyance.</hi> And here I muſt not neglect the
objection, That if they be <hi>ſuch block-heads,</hi> they will eaſily <hi>diſ<g ref="char:EOLhyphen"/>cover</hi>
themſelves: For there never was a <hi>Nation of fools,</hi> tho'
that Qualification may be moſt predominant; and the Popiſh
Party in <hi>England</hi> have expreſt ſo much both of the <hi>ſubtilty</hi> and
<hi>poyſon</hi> of the Serpent, that it muſt not be thought ſtrange tho'
<hi>ſome</hi> prove more docible than the St. <hi>Omers</hi> Lads.</p>
            </div>
            <div n="4" type="part">
               <head>IV.</head>
               <p>BUT I expect it will be retorted, <hi>That upon the Evidence of
theſe perſons Proteſtant Juries have not ſcrupled to pronounce many
guilty of the moſt horrid Crimes.</hi> And that <hi>this may give pretence to
Popiſh Juries,</hi> if we muſt ever be ſo miſerable as to be tryed by
<hi>ſuch,</hi> to give as <hi>little credit to a Proteſtant Oath as we do to a Po<g ref="char:EOLhyphen"/>piſh.</hi>
To the firſt I anſwer: That there is no other Evidence
can be expected of Popiſh Treaſons, but ſome of their <hi>own Con<g ref="char:EOLhyphen"/>federates</hi>
(I mean as to Oral Teſtimony): Thoſe <hi>Oaths of Se<g ref="char:EOLhyphen"/>crecy</hi>
which have been adminiſtred in their Reſpective Plots ſince
the <hi>Gunpowder-Treaſon,</hi> and were ſo lately renew'd in <hi>Ireland,</hi> ex<g ref="char:EOLhyphen"/>clude
all <hi>Proteſtants</hi> from the knowledg of their practiſes: And
the Diſcoverer of the Horrid <hi>Iriſh Rebellion</hi> in 41. was forc't to
take <hi>Oaths and Sacraments</hi> enough to damn a World, before he
was capable of that Service which he did in preſerving the City
of <hi>Dublin.</hi> Beſides, he muſt be ſuppos'd more likely to <hi>ſpeak
truth,</hi>
who pretends to diſcover a <hi>Plot</hi> among perſons of his own
<hi>Perſuaſion,</hi> 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 Re<g ref="char:EOLhyphen"/>ligion
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 <hi>different</hi> judgment,
and his profeſſed Enemies; and who will be reckon'd almoſt
as much deſerving <hi>pity</hi> for their more than <hi>Iriſh folly,</hi> as <hi>hatred</hi>
for their deteſtable <hi>Treaſons,</hi> ſhould they be guilty of the Crimes
pretended. But perhaps 'twas not the Oaths of the <hi>Iriſh</hi> Wit<g ref="char:EOLhyphen"/>neſſes,
<pb n="6" facs="tcp:60050:4"/>
ſo much as the <hi>Irreſiſtible Evidence</hi> of concurring circum<g ref="char:EOLhyphen"/>ſtances,
and violent preſumptions, which 'tis probable did moſt
influence the <hi>Jurors</hi> in thoſe Verdicts: For he that either knows
(or has heard) any thing of the ſtate of <hi>Ireland,</hi> muſt confeſs,
That ſince they became ſubject to the Engliſh Government, every
<hi>Forty years</hi> at leaſt hath produc'd an <hi>Actual Rebellion,</hi> 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 <hi>Proteſtant Plotters</hi> (if
ſuch there be) as prudent to keep their Intrigues from the
knowledg of ſuch <hi>Weather-cocks</hi> as the <hi>Iriſh</hi> are generally
reputed; as the <hi>Romaniſts,</hi> who never diſcover <hi>theirs</hi> unleſs
to perſons fixt to their Party with all poſſible <hi>Obligations?</hi>
For ſuch Reaſons as theſe we believe Papiſts againſt Papiſts:
But cannot (their Principles conſider'd) allow them to be <hi>ſuffi<g ref="char:EOLhyphen"/>cient
Evidence</hi> againſt <hi>Proteſtants,</hi> as well for the Cauſes before-mentioned,
as alſo for this conſiderable difference: A <hi>Pro<g ref="char:EOLhyphen"/>teſtant</hi>
believes <hi>Perjury</hi> in any caſe againſt any perſon, be
he <hi>Papiſt, Jew</hi> or <hi>Infidel,</hi> to be a damnable Sin; and that no
perſon on Earth can <hi>Pardon</hi> it, or Abſolve him for ſuch a Guilt.
But a <hi>Papiſt</hi> either believes that 'tis <hi>meritorious</hi> to forſwear him<g ref="char:EOLhyphen"/>ſelf
againſt an Heretick, when it may conſiderably advantage
<hi>Holy Church;</hi> or at worſt, if it be a Crime, he knows 'tis but go<g ref="char:EOLhyphen"/>ing
to <hi>Confeſſion,</hi> and he can get an <hi>Abſolution,</hi> which you need
not doubt but in ſuch Caſes as we are ſpeaking of, the Ghoſtly
Father will grant a very <hi>eaſie Penance:</hi> which being once per<g ref="char:EOLhyphen"/>formed,
our <hi>Iriſh</hi> Popiſh Evidence reckons himſelf as clear from
the Guilt of the Perjury, and all the <hi>Murders</hi> thereby occaſion'd,
as the <hi>Child unborn.</hi>
               </p>
            </div>
            <div n="5" type="part">
               <head>V.</head>
               <p>BUT as to the other part of the <hi>Objection,</hi> drawn from the
fear of ſuch uſage from them, viz. <hi>That if we won't believe Po<g ref="char:EOLhyphen"/>piſh
Witneſſes now, they won't believe Proteſtant Witneſſes another
day.</hi> The anſwer is very plain. Surely no <hi>Proteſtant</hi> expects
to be troubled with a Trial for <hi>Treaſon,</hi> in caſe we muſt be bleſt
with a <hi>Popiſh</hi> Succeſſor. <hi>Hereſie</hi> is a ready and greater Crime,
and <hi>that</hi> in the <hi>Roman</hi> ſenſe every true <hi>Proteſtant</hi> will be Con<g ref="char:EOLhyphen"/>victed
<pb n="7" facs="tcp:60050:4"/>
of by his own <hi>Confeſſion,</hi> without Verdict. But ſuppoſing
the <hi>Wolf</hi> ſhould Parley with the <hi>Lamb,</hi> and give a <hi>Proteſtant</hi> Tri<g ref="char:EOLhyphen"/>al
on an Accuſation for Treaſon; or upon Iſſue join'd between a
<hi>Papiſt</hi> and <hi>Proteſtant</hi> under ſuch a Government, unleſs they can
charge the <hi>Proteſtant</hi> Principles with the ſame Juſtice, with which
we condemn <hi>theirs,</hi> Equity demands more credit to our Depo<g ref="char:EOLhyphen"/>ſitions:
But the ſad Inſtances in the <hi>Neighbour-Nation,</hi> of what
Right <hi>Proteſtants</hi> find in <hi>Popiſh Judicatures,</hi> makes this Objection
of as little <hi>Weight,</hi> as their Oppreſſions are heavy and intole<g ref="char:EOLhyphen"/>rable.</p>
            </div>
            <div n="6" type="part">
               <head>VI.</head>
               <p>ONCE more conſider, what a ſpecial caſe the Lord <hi>Shaftſ<g ref="char:EOLhyphen"/>bury</hi>
(for example) or <hi>any other Proteſtant</hi> ſo publickly engag'd
againſt Popery, ſhould be in, if <hi>Coleman</hi> and that <hi>Herd</hi> of Prieſts
and Jeſuits, who have <hi>lyed and equivocated</hi> themſelves into the
other world, were alive, and the <hi>Plot</hi> undiſcover'd? Will any
<hi>Proteſtant</hi> believe that the Authors of thoſe <hi>Speeches</hi> which they
left behind them (thoſe prodigious Untruths of ſeared Conſci<g ref="char:EOLhyphen"/>ences,
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 <hi>ſcruple</hi> to accuſe <hi>others,</hi> than
they did to <hi>excuſe</hi> themſelves? and yet they had not that Em<g ref="char:EOLhyphen"/>phatical
addition of <hi>Iriſh Witneſſes!</hi> The Caſe indeed had been
extremely difficult to have clear'd a perſon charg'd by ſo <hi>many
Witneſſes;</hi> eſpecially when the <hi>Quality</hi> of the perſons might have
been better conceal'd, than that of <hi>Modern Swearers.</hi> But the
Reaſon, why noted <hi>Proteſtants</hi> have ſo long liv'd free from ſuch
Helliſh Attempts, muſt, next to the Protection of <hi>Divine Provi<g ref="char:EOLhyphen"/>dence,</hi>
be imputed to their ſpotleſs <hi>Loyalty</hi> and prudent Circum<g ref="char:EOLhyphen"/>ſpection;
and on the other part, to the fear of <hi>detection,</hi> which
hath a far greater awe on <hi>Catholick Conſciences</hi> than that of <hi>Dam<g ref="char:EOLhyphen"/>nation.</hi>
               </p>
            </div>
            <div n="7" type="part">
               <head>VII.</head>
               <p>I obſerve, that when Mr. <hi>F</hi>—had chang'd his <hi>Coat,</hi> and
was grown too Court-like for his former Acquaintance, he pre<g ref="char:EOLhyphen"/>ſently
<pb n="8" facs="tcp:60050:5"/>
chang'd his <hi>Note</hi> too; and the Influence of <hi>Surprizing
Gold</hi> was ſuch, that his fooliſh Oſtentations were render'd ridi<g ref="char:EOLhyphen"/>culous
by Mr. <hi>M</hi>—himſelf, to whom he often produced his
<hi>Handful of Temptation:</hi> And I no ſooner ſaw Mr. <hi>M</hi>—new-<hi>thatcht,</hi>
but he had found a <hi>New Plot;</hi> I ſuppoſe in the Pockets
of his <hi>New Cloaths.</hi> For will any man of common Senſe be<g ref="char:EOLhyphen"/>lieve,
that if the <hi>Proteſtant</hi> Intereſt had been ſo far left of <hi>God,</hi>
that they ſhould endeavour to ſecure themſelves by <hi>Subornation,</hi>
they would not alſo have put theſe men beyond the Tempta<g ref="char:EOLhyphen"/>tion
of a piece of <hi>Cloath</hi> and a few <hi>Guinies?</hi> But if ſome perſons
of the <hi>Proteſtant</hi> Religion, out of pity to their ſeeming Neceſ<g ref="char:EOLhyphen"/>ſities,
who pretended to leave their Country and their <hi>Gods,</hi> to
ſave Innocent <hi>Blood,</hi> did contribute ſo far as not to ſuffer theſe
wretches to <hi>ſtarve,</hi> who can conclude hence the Guilt of <hi>Subor<g ref="char:EOLhyphen"/>nation?</hi>
That they did <hi>ſo much</hi> as to keep them <hi>alive,</hi> is an Evi<g ref="char:EOLhyphen"/>dence
of <hi>Chriſtian Charity;</hi> and that they did <hi>no more,</hi> is an in<g ref="char:EOLhyphen"/>vincible
Proof of their Chriſtian Truth, Loyalty, and Inno<g ref="char:EOLhyphen"/>cence.</p>
            </div>
            <div n="8" type="part">
               <head>VIII.</head>
               <p>BUT (ſome ſay) <hi>One poſitive Oath,</hi> nay oftentimes preſum<g ref="char:EOLhyphen"/>ptions
without an Oath are ſufficient Evidence to a <hi>Grand Jury.</hi>
To this what I have already ſaid, may I hope give ſome <hi>Anſwer.</hi>
The Queſtion is not, Whether <hi>a Jury may give their Verdict a<g ref="char:EOLhyphen"/>gainſt
Evidence?</hi> But whether <hi>ſuch Oaths</hi> are any <hi>Evidence to a
Jury,</hi> where the things ſworn are <hi>Improbable,</hi> nay morally <hi>Im<g ref="char:EOLhyphen"/>poſſible?</hi>
Can a Jury find a Bill, becauſe ſome Fellows <hi>ſay,</hi> (for I
have before proved an Oath with them to be no more) that the
perſon is <hi>Guilty,</hi> when the matter of the Accuſation is abſurd;
and 'tis apparent their <hi>Principles,</hi> their <hi>Cloaths,</hi> their <hi>Pockets</hi> and
their <hi>Salvation</hi> incline 'em to ſuch an Aſſertion? But this is <hi>but
an Accuſation,</hi> ſay others; and the buſineſs of a Grand Jury is
only to bring the party accuſed to <hi>Anſwer:</hi> But <hi>not to ſay a Con<g ref="char:EOLhyphen"/>ſpiracy,</hi>
becauſe ſome people <hi>ſay a Conſpiracy,</hi> was a Caution gi<g ref="char:EOLhyphen"/>ven
long ago by the Prophet. And certainly, <hi>a falſe Accuſation</hi>
is but few degrees leſs Deviliſh than <hi>a falſe Condemnation;</hi> and
he that will <hi>Accuſe</hi> another without grounds, will make but
little Conſcience to <hi>Condemn</hi> him too. But there are <hi>Peers</hi> con<g ref="char:EOLhyphen"/>cern'd,
<pb n="9" facs="tcp:60050:5"/>
and according to the preſent Scheme of our <hi>Laws,</hi> a
<hi>Peer</hi> ſeems to be in a worſe condition on any Criminal Charge,
than the meaneſt <hi>Commoner.</hi> For the latter, beſides the Grand
Juries Accuſation, muſt have another Jury Impannell'd by the
<hi>Sheriff,</hi> 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 <hi>any Cauſe,</hi> 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 <hi>Oath,</hi> and can make no Verdict againſt him without
<hi>every man of them</hi> agree to it. Whereas when once a Bill is
found againſt a Peer, his Tryal (unleſs in Caſe of Impeach<g ref="char:EOLhyphen"/>ments)
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
<hi>Challenge.</hi> And as they are not <hi>Sworn,</hi> ſo likewiſe the <hi>Majority</hi>
of their Voices includes the reſt; ſo that if any Thirteen of
them are pleaſed to pronounce him Guilty, To the <hi>Gibbet,</hi> or at
leaſt to the <hi>Ax</hi> he muſt go. And therefore certainly it concerns
<hi>Grand Juries</hi> (eſpecially in ſuch Caſes) to be duely circumſpect
and well ſatisfied of <hi>the Evidence</hi> 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 un<g ref="char:EOLhyphen"/>der
a <hi>Popiſh Succeſſor,</hi> 'tis to be feared in ſuch caſes, <hi>Accuſation</hi>
and <hi>Condemnation</hi> will differ only <hi>Objectivè in Intellectu.</hi> For
ſhould a Bill be found againſt a <hi>Proteſtant</hi> Lord, one might with<g ref="char:EOLhyphen"/>out
conſulting the Stars, or breach of Prerogative, venture to
name the Triers, and foretel the Verdict. For though I have
a juſt <hi>Deference</hi> and Veneration for the <hi>Engliſh Nobility;</hi> yet 'tis
not eaſily to be decided, whether in caſe of this <hi>vaſt conſequence</hi>
to the <hi>Popiſh</hi> Intereſt, the <hi>Honour</hi> of Popiſh Lords, or the <hi>Oaths</hi>
of their Commons, deſerve the greater credit.</p>
            </div>
            <div n="9" type="part">
               <head>IX.</head>
               <p>BUT ſtill 'tis Objected, That <hi>a Lawful Witneſs</hi> 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 <hi>diſabling</hi> perſons of this Character
to be allow'd as Evidence? 'Tis true, the <hi>Law</hi> admits almoſt
all perſons to be <hi>Sworn</hi> as Witneſſes; but the Oath of every
<hi>Lawful</hi> Witneſs (in this ſenſe) is not Evidence, as was remark<g ref="char:EOLhyphen"/>ably
<pb n="10" facs="tcp:60050:6"/>
                  <hi>Adjudg'd in the Caſe of Mr.</hi> Dangerfield. And if the <hi>De<g ref="char:EOLhyphen"/>bauch'd
Practices</hi> 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 <hi>Sin,</hi> What Influence will <hi>debauch'd Principles,</hi>
which make Perjury <hi>a Duty,</hi> have to take away the Credit of a
Witneſs? If the <hi>Oaths</hi> of Swearers were ſufficient to rule the
Conſcienees of Twelve men, without <hi>any conſideration</hi> of the
Perſons, or their Principles, or the matter Sworn; how little
are we beholding to that Clauſe of <hi>Magna Charta,</hi> which con<g ref="char:EOLhyphen"/>firms
the antient Law of Trials by <hi>Jurors?</hi> It is a wonderful
grace in a <hi>Proteſtant</hi> Kingdom, that the <hi>Romaniſts,</hi> who own Al<g ref="char:EOLhyphen"/>legiance
to <hi>a Foreign Power,</hi> are permitted to enjoy <hi>Liberam
Legem;</hi> and while ſuch undeſerved Favour is continued, they
can't be <hi>Excluded</hi> from Swearing, or <hi>Challeng'd</hi> to be Witneſſes;
but ſtill 'tis left to the Jury to value their Teſtimony; And (eſpe<g ref="char:EOLhyphen"/>cially
in this caſe of concern to Holy Mother Church) they are,
as in Caſes of <hi>Alliance,</hi> Relation, and parties in <hi>Intereſt,</hi> to be
Sworn indeed; but their Credit left to thoſe of the Jury, which
in <hi>Civil</hi> Cauſes may be conſiderable; but where the <hi>Catholick</hi>
Cauſe is concern'd, cannot be ſo.</p>
            </div>
            <div n="10" type="part">
               <head>X.</head>
               <p>BUT what is it which theſe Fellows would Swear upon
the World? A Plot! a Plot of <hi>Proteſtants</hi> againſt <hi>themſelves!</hi> and
(the <hi>only ſecurity</hi> they have under God) the Life of their Prince!
A <hi>Sham</hi> ſo often diſcover'd, and ſo generally known, that by
attempting to <hi>Retrieve</hi> it, they demonſtrate their matchleſs Im<g ref="char:EOLhyphen"/>pudence,
and the <hi>deſperate</hi> condition of their Cauſe. Mr. <hi>Dan<g ref="char:EOLhyphen"/>gerfield</hi>
(how <hi>honeſt</hi> ſoever he be grown) is not yet arriv'd to ſuch
perfection, as to pretend a <hi>Prophetick Spirit;</hi> yet his particular
Narrative will well ſerve for a <hi>Hiſtory</hi> of the <hi>Presbyterian</hi>-Plot.
The <hi>Paper-Deſigns</hi> indeed were ruin'd by the Meal-Tub, his and
<hi>Fitz-Harris</hi>'s Buſineſs; and there was no <hi>hiding Treaſon</hi> in <hi>Preſ<g ref="char:EOLhyphen"/>byterian</hi>
Houſes or Pockets; but <hi>Downright Swearing</hi> will ſerve
as well; and the <hi>500 l.</hi> which <hi>Dangerfield</hi> had merited by one
Stab, will go a good way in <hi>Iriſh</hi> Oaths. You muſt know, Sir,
theſe watchful Loyaliſts ſpy'd <hi>Treaſon</hi> juſt peeping out of <hi>Presby<g ref="char:EOLhyphen"/>terian</hi>
mouths, and ſink down agen into their hearts! And if
Oaths will do, they will have it out <hi>Blood and all.</hi> But we in
the Countrey can never believe that His Majeſty (who was plea<g ref="char:EOLhyphen"/>ſed
to declare in Council, that he gave no credit to <hi>Dangerfield</hi>'s
<pb n="11" facs="tcp:60050:6"/>
private pretended Diſcovery, becauſe the buſineſs was impoſſible,
can encline His Royal Heart to believe the ſame <hi>Sham</hi> on ſuch
paltry Teſtimony; or that the Army liſted in the <hi>Meal-tub,</hi> can
ever attempt much on his Perſon; but rather, that the whole
buſineſs is <hi>a Story</hi> contriv'd, and conſented to, and carried on in
general by the <hi>Popiſh Party,</hi> and intended for a <hi>Mask,</hi> hoping
that whilſt the King, if His Majeſty ſhould believe it, was pre<g ref="char:EOLhyphen"/>paring
for the Safety of His <hi>Sacred Perſon,</hi> againſt the pretended
Conſpiracy of the <hi>Presbyterian</hi> Party, they might have the more
time to <hi>move on</hi> with their own Plot, which was ſtill to poſſeſs the
King with the real belief of the ſaid Sham-Plot. See <hi>Dangerfields</hi>
Narrat. p. 34.</p>
            </div>
            <div n="11" type="part">
               <head>XI.</head>
               <p>NOR is it ſufficient to Apologize for theſe Witneſſes, That
poſſibly they <hi>profeſs themſelves Proteſtants;</hi> conſidering how eaſie
'tis for a Romaniſt to take a new Epithete according to the na<g ref="char:EOLhyphen"/>ture
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, eſpe<g ref="char:EOLhyphen"/>cially
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 Antichriſti<g ref="char:EOLhyphen"/>aniſm
leaves, improved by the probability of <hi>Advantage,</hi> might
provoke them to diſcover the <hi>Iriſh Treaſons;</hi> yet when the hopes
of the <hi>Reward</hi> vaniſhes, and the Traytors ſeem to have <hi>weather'd
the point,</hi> and have Reaſon to promiſe themſelves <hi>Succeſs,</hi> what
can be more natural than to accept of <hi>Reconciliation</hi> to the pre<g ref="char:EOLhyphen"/>vailing
Party on Terms of ſuch extraordinary Advantage both to
the <hi>Cauſe</hi> and themſelves? 'Twas no ſlight Argument of the
Lords of the <hi>Philiſtines</hi> to diſſwade <hi>Achiſh</hi> from accepting <hi>Da<g ref="char:EOLhyphen"/>vids</hi>
Service, <hi>Wherewith ſhall he reconcile himſelf to his Maſter,
but with the heads of theſe men?</hi> And the ſame Argument can't
be inconſiderable in our caſe to any man of tolerable underſtand<g ref="char:EOLhyphen"/>ing.
And truly theſe mens Circumſtances duly conſidered,
tho' they were perſons otherwiſe of ſome Credit; their Te<g ref="char:EOLhyphen"/>ſtimony
in this Caſe ſeems very <hi>unhappy:</hi> For either there is a
<hi>Popiſh Plot</hi> or no: If there be, the deſign of the caſting the <hi>odium</hi>
of it on the Prsbyterians, evidently appears (in the buſineſs of
<hi>Claypole</hi> and the Diſcoveries before mentioned) to have been from
<pb n="12" facs="tcp:60050:7" rendition="simple:additions"/>
the <hi>moſt labour'd</hi> Scene of that horrid Tragedy; and then
for a <hi>Proteſtant</hi> to be credulous of ſuch a forg'd deſign, is
little leſs than <hi>Self-Murder.</hi> But if there be no <hi>Popiſh Plot,</hi> theſe
perſons are <hi>already perjur'd;</hi> and conſequently their Evidence
wholly inſufficient.</p>
            </div>
            <div n="12" type="part">
               <head>XII.</head>
               <p>BUT there is a Corner of the World near <hi>Oxford,</hi> where, as
if the Univerſity did not only <hi>Monopolize</hi> the Learning, but the
very Senſe of the County too, there are (they ſay) <hi>Twelve men</hi>
to be found, who notwithſtanding all this, are ready to ſhew their
<hi>implicite Faith,</hi> That they have lately approved themſelves fit
for this (pretended Loyal) Service, without all Contradiction,
in a very remarkable manner; For <hi>ſome Perſons</hi> in that County
being lately preſented for Conventiclers, and the Evidence prov<g ref="char:EOLhyphen"/>ing
only an Aſſembly of four beſide the Family; the Jury was
directed, That according to the very <hi>Letter</hi> and ſenſe of the Sta<g ref="char:EOLhyphen"/>tute,
they could not find the Perſons <hi>guilty;</hi> yet ſuch was the
Zeal of theſe bleſſed Jurors (you muſt believe) <hi>for the Proteſtant
Religion eſtabliſhed by Law,</hi> That notwithſtanding the Mathema<g ref="char:EOLhyphen"/>tical
Demonſtration, That 4 are not 5 or more, they could do
no leſs than find them <hi>Guilty.</hi>
               </p>
               <p>BUT Sir, in what I have ſaid, I would not be underſtood to
<hi>excuſe Treaſon</hi> in men of my own Religion. I ſhould abhor my
very being, ſhould my Soul be contaminated with the leaſt
ſpot of <hi>Treaſon</hi> againſt my <hi>Sovereign;</hi> and nothing is more ſeriouſ<g ref="char:EOLhyphen"/>ly
my deſire, than that all Perſons who are guilty, may be brought
to <hi>condign puniſhment;</hi> neither will I affirm, That 'tis impoſſible
for a man zealous for the Proteſtant Religion, to be betray'd in<g ref="char:EOLhyphen"/>to
Treaſon by his <hi>Paſſions,</hi> tho' I am ſure he can never be ſo
by his <hi>Principles.</hi> And if any ſuch perſon ſuffer for it, there's
no Reaſon that Proteſtants ſhould be <hi>reproacht</hi> on that account.
But this <hi>general Deſign</hi> of Proteſtants ſo much talkt of, if it be
impos'd on the belief of <hi>Engliſh men</hi> upon no better grounds than
I have yet heard, <hi>ENTER ROME TRIUMPHANT,
I<gap reason="illegible" extent="1 letter">
                        <desc>•</desc>
                     </gap>paean</hi> to the Whore of <hi>Babylon;</hi> we are fit to pay <hi>Peter Pence</hi>
once more; When we begin to deny <hi>Mathematical Demonſtration,</hi>
and to believe a <hi>Presbyterian Plot</hi> on <hi>Popiſh Evidence,</hi> we are juſt
moulded to receive the impreſſion of all <hi>abſurdities,</hi> even the
Popes <hi>Infallibility</hi> and <hi>Tranſubſtantiation</hi> it ſelf.</p>
               <closer>
                  <signed>
                     <hi>Yours</hi> Philanglus.</signed>
                  <dateline>
                     <date>Auguſt 1ſt. 1681.</date>
                  </dateline>
               </closer>
            </div>
         </div>
      </body>
      <back>
         <div type="colophon">
            <p>LONDON: <hi>Prined for</hi> William Inghall the Eld. Book-binder. 1681.</p>
         </div>
      </back>
   </text>
</TEI>
