His Majesties Declaration Defended by John Dryden
page 37 of 48 (77%)
page 37 of 48 (77%)
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heartily wish, that there may be no occasion for Christians to persecute
each other. And since my Author speaks with some moderation, candor, and submission to his Mother Church, I shall only desire him and the dissenting Party, to make the use they ought, of the King Gracious Disposition to them, in not yet proceeding with all the violence which the penal Laws require against them. But this calm of my Author, was too happy to last long. You find him immediately transported into a storm about the business of _Fitz-Harris_, which occasion'd the Dissolution of the Parliament at _Oxford_: and accusing, according to his sawcy Custom, both his Majesty, and the House of Lords, concerning it. As for the House of Lords, they have already vindicated their own right, by throwing out the Impeachment: and sure the People of _England_ ought to own them as the Assertors of the publick Liberty in so doing; for Process being before ordered against him at Common Law, and no particular Crime being laid to his Charge by the House of Commons, if they had admitted his Cause to be tryed before the Lordships, this would have grown a President in time, that they must have been forc'd to judge all those whom the House of Commons would thrust upon them, till at last the number of Impeachments would be so increas'd; that the Peers would have no time for any other business of the Publick: and the Highest Court of Judicature would have been reduc'd to be the Ministers of Revenge to the Commons. What then would become of our ancient Privilege to be tryed _per pares_? Which in process of time would be lost to us and our posterity: except a proviso were made on purpose, that this judgment might not be drawn into farther President; and that is never done, but when there is a manifest necessity of breaking rules, which here there was not. Otherwise the Commons may make Spaniels of the Lords, throw them a man, and bid them go judge, as we command a Dog to fetch and carry. But neither the Lords Reasons, nor the King first having possession of the Prisoner, signifie any thing with our Author. |
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