that Parliament when it was done, were not repealed by Act of Parliament, and stand so at this day: And I fhould also be glad to see that when a Peer has been tried out of Parliament that any Bishop was ever nominated to fit upon that Lord accufed; for out of Parliament if a Peer be tryed for his life it is by a felect Number named by the King; and if the Bishops have Right to fit and Vote upon the Peers, it is strange methinks that there is not any Inftance to be found, where the Bishops or any of them have been named to Judge a Lord out of Parliament. Now the reafon (as I conceive) how this comes to pass is, because it was never known that a Bishop was tried by the Lords out of Parliament, and therefore they cannot try a Lord out of Parliament, because they are not Peers; for the Lords have never tryed any Bishop but in Parliament, and that was always upon Impeachments, and not otherwife: And upon an Impeachment they may try other Commoners as well as Bishops.

Besides this it is plain, that the Clergy, even in the time of Popery, would not have to do with Blood in any cafe whatsoever: For when they engroffed all Offices and Places of Honour or profit, you fhall not find any Bishop that was Lord Chief Juftice of the Kings Bench, or Judge of any Court where Mens Lives were to be meddled with; and the Clergy were not fo ignorant or backward in their Intereft, as to let flip fuch profitable places, had it fuited with their Function.

I have often confidered with my felf, what it is that has induced fo many of the Temporal Lords to contend for the Bishops in this cate: I cannot perceive but that it is against themselves that they

strive

ftrive; for without doubt, the fewer that the Temporal Lords are, the more confiderable they are, and why they should strive to make them felves lefs I cannot comprehend; neither can any reafon be affigned but that which is obvious to every Mans Thoughts: That there is fome fecret power that governs their Lordships in this Affair But without doubt this powerful hand would not be able to turn the Scales fo very much, if Nobility had been bestowed only on fuch as deserved Honour. But when Intereft prevails above Merit, no wonder that a Word or a Look do command fo abfolutely; And yet there is this to be faid for the Lord's House, that there are a great many Lords who retain the Worth and Honour of their Ancestors: That notwithstanding being frowned upon, difplaced, and all poffible difcouragements, yet have they fhewed themfelves to be Men of English Principles; that they will ferve the King as Englishmen, but will not give up any of their juft Rights to please him.

If the Bishops had never fo clear a Right in this matter, the it is to be confider'd, that whatever Right they have, that it was gained in the times of Superstition and Blindness, when the Clergy Ufurped and Lorded it over the Nation; and therefore in regard that England has now recovered its Eye-fight and Understanding; they are very unthankful if they do not reduce every thing to its proper Station: And if the Bifhops are prohibited by a Law not to Vote in Cafe of Blood, or are abridged in any other Matter where the Interest of the King and People require, yet the Church is not prejudiced, for my Lord Cook tells us in the fecond part of his Inftitutes.

Nec debet dici in praejudicium Ecclefiæ libertatis,

I

quest

quod pro Rege, & Reipublice neceffarium invenitur e And whether it be not for the Intereft of the King and People that the Bishops fhall not Vote in cafe of Blood, I fubmit to any Man that wishes well to England.

Now I would fain be fatisfied why our Bishops are more forward to have to do in cafe of Blood, than the Bishops and Clergy in the time of Popery, it's plain they always declined it; but cours will adventure a Kingdom upon it: It's true they will withdraw upon the Tryal of the Five Popish Lords, but they will not upon Tryal of my Lord Ds Pardon, yet thus far they condetcend, that when Judgment is to be pronounced, they will withdraw: Very well, Firft it is confeffed on all hands, that if my Lord Ds Pardon do not hold good, he dyes for it: And next I would willing

understand the difference in this cafe, when a Man is tryed for his Life before feveral Judges; and all of them, though he is Innocent, refolve that he fhall be pronounced guilty, but they with. draw themfelves, and leave one of their Brethren to pass the Sentence: Now the question is, Whether the reft that were abfent are not as guilty of thedding Innocent Blood, as he who pronounced the Sentence: And fo on the contrary, for any other thing whatever: And whether this does not reach the cafe in hand I humbly fubmit: But the truth of the matter is, the Bifhops do know that if my Lord Ds Pardon be allowed, then Arbitrary Power comes in with a Powder: And then will be their Harvest, and here's the fhort and long of the cafe: And therefore the Parliament muft never yield that the Bishops fhall Vote in cafe of Blood; for the confequence of it will be to alter the very Frame of our Government, and curfed be he that removes his Neighbours Land rk.

A

A

SPEECH

AGAINST THE

PENSIONERS

IN

K. Charles II. Reign.

W

Ithout doubt the laft Parliament had great Matters in agitation, and the inquiry they made about the Penfioners of the preceding Parliament was no fmall one, but rather one of the chief things they had in hand; for had they been permitted to have perfected that, it had been a good recompence for the difappointment which the Nation fuftain d in their other expectations, by the fuddain Prorogation: And without all question, nothing is fitter for the thoughts of a Parliament, than to take into confideration how to punish them that had proved the Peft, and had álmost (if not altogether) ruin'd the Nation; and how to prevent the like mifchief for the future,

The Name of a Penfioner is very distastful to every English Spirit; and all those who were Penfioners I think are fufficiently defpised by their Country-men: And therefore I will mention only two or three things that will lye at their doors; before I offer my advice what is to be done.

Breach of Truft is accounted the most infamous thing in the World, and this these Men were guilty of to the highest degree; Robbery and Stealing our Law punishes with Death, and what deferve they who beggar and take away all that the Nation has, under the Protection of disposing of the Peoples Money for the honour and good of the King and Kingdom: And if there were nothing more than this to be faid, without doubt they deferve a high cenfure.

Befides the giving away fuch vaft Sums, without any colour or reasonable pretence: There is this great mischief will follow upon it: Every man very well knows that it has put the King into an extraordinary way of expence: And therefore when he has not fuch great fupplyes, it must of neceffity bring the King into great want and need: And thall not only give him an ill opinion of all Parliaments that do not fupply him fo extravagantly, but perhaps put him to think of ways to get Money that otherwife would never have entred into his thoughts; fo that whatever ill may happen of this fort, thefe Penfioners are answerable for it.

Furthermore they have layd us open to all our Enemies, whoever will invade may not doubt to fubdue us: For they have taken from us the Sinews of War, that is Money and Courage, all our Money is gone, and they have exhaufted the Treafure of the Nation, and when Feople are poor,

their