SOME Years since, I sent you a long Letter under the Title of J. L. relating to an affair, wherein Mr. S. was deeply concerned; this gave you so much satisfaction, that I have thence sufficient encouragement to ven­ture another; especially considering his vindication is much more necessary in the present instance, and that you are still his Friend, and the per­son to whom of all Men living he is perhaps the best known. Under that Character you were mention'd in the Copy of a Letter carri'd among other of his Papers to the House of Com­mons, writ in his favour to a great Minister by the late E. of Or. for whom living, and for whose memory, both your Gr. and he had, and ever must have, a just value and veneration.

You will find you may still own this Gentleman without blushing, and to shew you were not deceiv'd in the opinion of his Integrity, I have taken the pains, for your sake, as well as for his, whose Friend I own my self, to gather up, and con­vey to you, the History and occasion, that has made him as publickly known in this, as he was before in another Kingdom. I promise you an impartial Relation, and by it you will see, that Envy and Malice, where with he has been long assaulted, have to little purpose spit their Venom.

You are not to learn the cause of his coming for England in June, 1677. nor knowing his temper, to wonder that havi [...] [Page 4]receiv'd some favours from his R. H. gratitude oblig'd him to an acknowledgment, and honour and generosity to make and a­vow it in the time of that great Prince's adversity, whom he found by the unsteddy course of Humane affairs, and the craft and malice of designing Men, fallen from being the Peoples greatest Favourite into their highest Displeasure.

Soon after, when the D. in obedience to his Royal Brother's commands went into a temporary Exile, which however o­therwise uneasie, was chearfully undergone by him, who al-always resign'd his own, to the will of his Prince: Your Friend having little to hinder, laid hold of that opportunity, fol­low'd him to Bruxels, and there spending most of the time he was abroad, express'd his Obligations and Duty in the best manner he was able.

This, and his openly owning himself devoted to his R. H's interest, while consistent with Loyalty, gave occasion to his Adversaries, whom envy had encreas'd, to vent their Spleen, and endeavour to sully his Reputation, of all things to him most dear, by many false Insinuations, and indeed Diabolical Inventions, hoping thereby to disable him from rivalling them in any future pretension. He is not ignorant of the Authors, nor the train, who the better to compass their honest Design, hatch'd by one, that Mole-like, works under ground, and he thinks in the dark, they resolv'd at once his ruine, by rendring him odious to the Publick, to the Country, to the King, and to the Court; and therefore he was no sooner brought before the House of Commons, than he was represented to his Soveraign, as one that had spoken ill of His Majesty, and to the wonder of himself and others, this was first whisper'd to, and after sug­gested by, a great Lord, to whom Mr. S. owns himself oblig'd for several favours. and in particular for a very kind recom­mendatory Letter some Years since to Mr. Secretary Coven— But that which makes his surprize the greater, is, his not be­ing able to find, on his part, any cause for the change of this Noble-man's greatly valu'd good opinion, of which he hop'd [...]mself still possest, because certain he never disoblig'd his [Page 5]Lordship, and defies any Man to make out that in word or a­ction, he ever spake or did irreverently or disloyally of the King, whose Service, you know, no man has more zealously promoted, nor less ineffectually, according to his Station and Power. However, in the height of his-misfortune, when to all he did not appear guiltless, he had the happiness to have a Gentleman of Honour and Quality (who by the recommen­dation of our deceas'd, and never to be forgotten noble Friend, several Years ago, took him into his particular favour and ac­quaintance) publickly to assert his Integrity, his Service, and his Loyalty. An Act of Friendship, he is bound by all the ties of Gratitude, ever to remember and acknowledge; few Men in this Age having the courage, or the honesty, to own any Man in adversity, or to defend innocence, when endeavour'd to be run down by faction, n [...]ise, and tumult. The ground of this Discourse in publick at the King's Dinner, was the Copy of a Letter found among Mr. S's Papers, which plainly appears to have come from another, but not to him, to whom had it been directed, he could not be therefore criminal, it being in no Man's Power to prevent any Post-Letter. And yet give me leave to say, that ingenuity and good nature may easily and very naturally make a candid interpretation of this Paper; wherein what ever Injury was contain'd, they are mostly, if not only, guilty, who since the seizing Mr. S's Writings, have sent Copies of it to all the Coffe-houses of London.

But to give you the Story from the beginning, you are to un­derstand, that the first week the Parliament met, Mr. S. was told by a Person of Honour, that he was design'd to be brought into Trouble: This was overheard from several, among whom were some Members then looking on at Mrs. C. standing in the Pillory, whereupon he was advis'd to withdraw: Receiving the same account from many others, and yet confident in his Innocence, he resolv'd not to stir. Every day he was alarm'd afresh, and told of great enquiries made after his Actions, and himself censur'd for a Papist, a Coleman, and a Jesuit. At length one Peter Norris makes complaint of his being Impri­son'd [Page 6]at Daver by Mr. Secretary Jenkin's order. Mr. Secretary said, as I am inform'd, what he did was not unknown to the King and Council. Upon this occasion Mr. S. was nam'd and a Committee appointed to examin the matter. Mr. S. appears, and acknowledges, he had given a description of Peter Nor­ris to Mr. Secretary about the latter end of May last, and ac­quainted him that he was told, this Man knew as much of the bottom of the Plot, as any in England, and was gone into France to fetch over a Priest suppos'd equally knowing.

'Tis not necessary to entertain you withal the questions, ve­ry forreign to this matter, by some of the Committee put to Mr. S. 'tis enough to tell you that he truly, though perhaps not satisfactorily, answer'd all, attended their pleasures a whole week, was thrice before them, once with Dr. D. from whom as News he publickly had the story, and after, the Descripti­on, as the Dr. himself openly confess'd. I know not whether it be necessary to acquaint you, that whatever account the Dr. had, Mr. S's was not exact as to Norris's bringing the Priest into England; for it appear'd at the Committee by Pa­pers taken with Norris at landing, that he was to Conduct him to Amsterdam, to Sr. W. W. then there, and that he had pretended to be sent by Dr. T. in conjunction with the E. of Sh. and another Noble Peer, that the Priest had been dead a­bove 8 Months, before he began his Journey; a Journey un­dertaken upon as good an account and sure information, as that of a Justice of Peace of Westminsler, who rid Post 100 Miles to bring alive from the Country Beddingfield the Jesuit, Buried 12 Months before out of the Gate-house. It happen'd the evening of that Day Mr. S. was Commanded to attend the Committee, I was in Company with several Persons, of Qua­lity, when news was sent that the E. of P. was carri'd to the Tower, and Mr. S. to the Gate-house, who in half an hour after came in himself, and guess'd the Person, and concluded what the other cou'd not deny, that the story was from one that wish'd it had been true, not out of Malice to Mr. S. beyond his name a Stranger, but to a very great Person. After Mr. S's [Page 7]first Examination, he receiv'd by the Penny-post two Letters in unknown hands, without any name, the one directed to his Lodging, the other to the Royal Coffee-house; the one in Friend­ship to three Persons of Honour, his acquaintance, nam'd in the Letter, advising him to fly, if he did not resolve to disco­ver, as to him at least impossibilities against the D. the other was more Terrible, tho' both mix'd with threats and promi­mises, and in this place for receiving his answer, and after for meeting appointed. But these he look'd upon as bugbears, fit only to work upon Children and Cowards.

Having produc'd the Dr. who was his Author, he look'd up­on himself acquitted from any further trouble, yet some angry Persons, displeas'd a hole was not found in his Coat, offer'd wagers he wou'd be lay'd by the Heels in ten days, of which, by two very great Persons, notice was given him, with advice to retire, at the Tria! of my Lord Stafford; but resolv'd to encounter the worst cou'd happen, he utterly rejected the Motion.

On Thursday, December 9. He sound it was no longer a jest, for it was then order'd that Mr. S.'s and D. D's Papers shou'd be seiz'd, and themselves brought in Custody of the Serjeant at Arms to the Bar of the house. In pursuance of this, some Members were sent to their Lodgings between 12 and 1, who coming to Mr. S. 's were told he was abroad; they meeting one of his Servants, sent for him, who finding his Master at the Coffee-house, acquainted him that Four of the House of Com­mons whom he knew not, stay'd for him; he goes to 'um im­mediately. They after a diligent search for his Papers, spoke of his being sent for by a Messenger. He answer'd, that was unnecessary to one that was ready to wait on them to their house, whither as he was going, they met their Officer, and took him into the Coach. Mr. S. not long after being call'd to the Bar; was ask'd wheter a Paper then shew'd him was his Writing: He answer'd it was not, then two lines at the bot­tom of Norris's description were shewn, which he acknow­ledg'd. After some other questions he was Commanded to [Page 8]withdraw, and a Committee order'd to see the Serjeant search his pockets. But to prevent that trouble, Mr. S. had deliver'd them all his Papers, so that nothing cou'd be found save a purse of Gold, out of which in order to be search'd for Papers, more Guinnies were said to be tumbl'd, than it cou'd possibly con­tain. But excepting your Friends fortune, every Molehill re­lating to him was reputed a Mountain, and no doubt many were big with expectations what he should bring forth, who was said to have several Colemans in his belly; and therefore perhaps it was, that the Serjeant sent him to Lodge at a Mid-wifes, where being laid, in spight of all art and labour, the long hop'd for conceiv'd great issue, upon delivery, was found dwindl'd to a Mouse. Parturiunt montes — He was 4 or 5 times at the Bar that day, and as often the next; his story being matter of fact, was found to agree exactly with the Doctor's, who was not seldomer examin'd, and tho no crime was object­ed, nor any information made, yet was he confin'd a close Prisoner, and the Messenger told, if he suffer'd his escape, his own Life wou'd be in danger: an opinion, that cannot be suf­ficiently admir'd by those who consider, that, had he any ap­prehension of guilt, he might with ease have avoided that days fury.

The worthy Coll. M. whom you knew in Ireland by the Title of Capt. came in to accuse Mr. S. but of a Circumstance, that if true, cou'd not amount to a Crime. Yet this seem'd so great, that the Gent. cou'd hardly bring it out in Mr. S.'s. pre­sence, whatever he had done before, uttering then his words so like a Mouse in a Cheese, that the Speaker was forc'd twice to command the raising his Voice.

After Mr. S. was committed, great and narrow Enquiries and Endeavours were made to find or make him more obnoxi­ous; but in vain: His Innocence was his security from peril, tho' not from charge and trouble. Among others, Doctor Tongue's Son in Newgate was examin'd, whom Mr. S. never saw, having industriously avoided all that were or stood rela­ted to the Kings Evidence. The Servant-maid of his Lodg­ging [Page 9]was sent for, not only to the Bar, but to Coffee-houses and Taverns, promis'd and encourag'd, threatn'd and advis'd; but alas, she cou'd not answer expectations. Even a little young Girl of about Eleven years old, not above Ten days his Ac­quaintance, was very strictly Catechiz'd, concerning his Dis­course and Conversation about the Parliament. Sure, these persons beleiv'd him Master of none, or of much less under­standing, than they have since reported him.

But on Saturday following Dr. D. who confess'd himself a R. C. was without Fees (tho' he was sore'd to pay them) or Pe­tition, discharg'd. Mr. S. hearing of this, writes a long Letter to an honourable Member of the Committee, praying his Lordship to represent to the House what he thought most ma­terial. On Monday his Lordship by an Order of the House was allow'd to see Mr. S. and bring him a Letter open'd by the Speaker, relating to a particular concern of another, from whence mighty Discoveries were expected, but they came to nothing. By this Member he pray'd to have liberty to speak for himself the next day, but hearing nothing from him, he wrote to the Speaker on Tuesday, entreating he might appear before them, and not suffer under Arbitrary power so much dreaded from others. Hereupon Mr. Speaker was pleas'd on Wednesday the 15th, to have him sent for; being call'd in, he was told, if he had any Discovery to make, the House was ready to receive it. To this he reply'd, That as to the Plot, he cou'd have none, but he had another relating to himself; viz. To know what was his Crime, and who his Accusers, and that he might according to the Laws of the Land, answer for himself. To this was said, They knew his Parts were not much short of the Person's he succeeded, and that he must not think to impose upon so great and wise an Assembly, by studi'd Words and Speeches. Mr. S. reply'd, If he cou'd, he wou'd not endea­vour by any Rhetorical flourishes to deceive them with Fals­hoods; That he design'd nothing but Truth very plainly wor­ded; That he hop'd their Justice would give him leave to vin­dicate himself, and shew the unreasonableness of running down [Page 10]a Man upon general Sarmises and malicious Reports, or of con­cluding him guilty, before he was Heard or Convicted. Here­upon he was order'd to withdraw, and after some short De­bate call'd in, and allow'd the Favour he desir'd; but with Caution, not to be tedious. Being thus permitted, he began the following Speech, out of which he omitted very little, and is the same in Substance with what he writ in several Letters to Members of the Committee appointed for his Examination; viz. The Lord Aunesley, Sir R. Clayton, and Sir Rovel. Gwin.

The next Day after his Speech, Mr. Sheridan was freed from his Close Restraint, and his Confinement made more Tolera­ble, by the Liberty of Conversing with whom he pleas'd: A Committee was appointed to examine, whether the Paper found loose in his Chamber, were of his Own, or Nephew's Writing; though sor it, as a Breach of Priviledge, the L [...]st had been Committed Five Days before. Where, by the way, it may seem odd, That Copying a Letter without Divulging it, because therein a Member of the House was reflected on, shou'd be a Crime deserving so severe a Treatment, as the Commitment of a Young Gentleman of the Temple; who, Though he own'd it his Hand, and declar'd he Transcrib'd it for his own Use, as a thing Pleasing and Witty in the Stile and Composition, was yet notwithstanding, commanded (in their Presence) to Write Three or Four Lines; which he did [Page 22]with that Speed, that they cou'd not but be satisfy'd he did not Counterfeit. Some Malicious Persons will have it, that his Crime was, his Relation to Mr. Sheridan.

At this Committee, both the Uncle, and the Nephew were treated, first Civilly, and after Roughly enough; the One threatned with the Pillory &c. the Other with an intended Report to the House, of his being a very dangerous Person. To which he reply'd, That he was sorry such an Opinion was taken up, without any Ground; that he cou'd not prevent their Pleasure; only desir'd, They would do. as they would be done unto; and consider, that he was as true a Protestant, as any in the Church of England; and as Honest a Man, as any in the Kingdom; that he Defy'd the disproving of either of those Two Truths; and if such Men were Dangerous, none were otherwise, but Fools and Knaves. But what-ever was the Cause, 'tis observable, that this Report was never made, tho' the Committee Sate Thursday the Sixteenth of December.

After this, he was often told by several Persons, That they heard, his Name wou'd be inserted amongst the Papists, in the de­sign'd Bill of Banishment: An Artifice too weak to srighten one of less Courage, who cou'd not but be assur'd, so unrea­sonable a Clause was unlikely to pass the whole House of Com­mons; or, if it shou'd, it wou'd not the King and Lords; the Great Conservers of Justice, and the Supreme Tribunal of England.

Having stood Committed Eifteen Dayes, at great and ex­cessive Charges, and after all Inquiries and Searches, nothing Criminal being found against him; he was by some Friends, as well Members as others, together with his Cosin, that they might not seem Stubborn, prevail'd upon to Petition for their Releasement; but to no purpose, some angry Members oppo­sing the Reading of their Petitions. I am consident, this cou'd not be the Sense, because not agreeable to the Justice, tho' per­haps to the Orders and Rules, of the whole House; yet there­upon they were laid aside.

Mr. Sheridan, having now too much Cause to conclude, he was not like to be Releas'd during that Session, since it was [Page 23]not in his Power to answer the Expectations or Desires of some Persons, resolv'd to seek his Remedy by a Habeas Corpus, upon a Statute lately made, to prevent Illegal and Arbitrary Imprisonments; from which, if he cou'd not be freed, he hop'd from the Twelve Judges, and the Chancellor, if refus'd, to recover Six Thousand Five Hundred Pounds Penalty, to Sup­port and Ease his Expence. But the Dread of the House of Com­mons wou'd not suffer any of the many Counsellors or Sollici­tors he consulted, to intermeddle in the Matter. Nevertheless, he was not discourag'd, but of himself pursu'd it, tho' with­out Precedent, and contrary to the Advice of most of his Friends. I am loath to tell you, how very Nicely, some say Fearfully; the Judges proceeded in this Affair; most desiring further time, and after avoiding being spoken with, unwilling to Deny, and not daring to Grant. But I were Unjust, if I did not let you know, that some wanted not courage; as my Lord Chancellor, Sir Thomas Jones, Sir Job Charleton; and Sir Richard Weston, who as oblig'd by Law and Conscience, his Oath, and a late Statute, to his immortal Honour, at the first word gran­ting the Writ, made further Application to the others, unne­cessary. Sir William Dolben, and Baron Gregory, were out of Town, or unconsulted. Of the rest I will say no more at present; only tell you, Mr. Sheridan is advis'd to bring his Action against several, particularly against Sir Francis North, and Judge Raymond: The last of these two thinking fit to ask the Commons advice, in this particular instance of doing that justice to a Subject, which all Judges are sworn neither to Deny nor Delay. An Act of an extraordinary Nature, and without Precedent, for a Judge to expect Directions in the Execution of his Trust, from the House of Commons, who are no Court of Judicature; and who, if the Case had been dubious, as here himself confess'd it was not, ought rather to apply himself to the rest of the Judges, to His Majesties most Honourable Privy-Council, or to the House of Lords; the last Resort of Appeals in the Kingdom.

I will pass by this Judge's Servants denying his being with­in, and sending (as I am inform'd) for Sir Thomas Stringar, a Justice of the Peace, to examine the Gentleman that Sollici­ted Mr. Sheridan's Business, and the Witnesses, whether they were Protestants, and wou'd take the Oaths of Allegi­ance, &c. which they, being Members of the Church of Eng­land, offer'd to do, to his great disappointment.

At length, after Twelve Days strugling with Difficulties, not only with the Judges, but with inferior Officers; the Ser­jeant at Arms was serv'd with the Habeas Corpus, who there­with acquaints the House: They, after three days Debate, and thrice reading over the Statute, finding all so plain, cou'd not but leave the Serjeant in Obedience to the Writ, to carry his Prisoner before the Judge; who appearing with Mr. Sheridan, the Baron took the Names of three substantial Persons, by him produc'd for Bail; declaring he wou'd send to the Speaker and Attorney-General, and if on Monday following (the utmost time allow'd by the Act) nothing more appear'd against the Prisoner, he shou'd then between three and four a Clock re­ceive the benefit of his Habeas Corpus. But the Prorogation in the Morning prevented the Execution of the Baron's inten­tions, and set Mr. Sheridan and his Kinsman Wilson at liberty, after almost five Weeks expensive Confinement; who, in all probability, had lain in Custody during that Session, how long soever, if a Habeas Corpus had not been then procur'd: Upon which, after Mr. Sheridan had been discharg'd, his Kinsman expected likewise his Releasement; there being no hopes his Petition wou'd be read since so often oppos'd by Mr. C. tho Mr. Godolphin, upon whose account he is said to have been com­mitted sent word he was sorry he shou'd on his score be so great a Sufferer; and promis'd, upon any others Motion, to see and that for his Liberty: Of which, many of that House thought he had done nothing worthy the Forfeiture.

And because you have heard by the written Votes, that it did not appear to Baron Weston, that Mr. Sheridan was commit­ted by the House of Commons, when he granted the Writ, you [Page 25]have here sub-joyn'd a true Copy of his Petition, and Warrant thereunto annex'd, and deliver'd to the Baron.

It is very obvious, and natural to observe from recounting to you this Case, that the Great Charter of England, or Magna Charta, was little thought of, or that I am much mistaken in its meaning; since nothing is more expresly for­bid, than that any Man shou'd be Imprison'd, or Diss [...]iz'd of any part of his Free-held, Goods, or Chattels (among which, are to be reckon'd all things a Man is Law fully possest of whe­ther Letters, Papers, or other Matters) without due process of Law. Py 25 Edw. 3. c. 4. it was Enacted, That none shall be taken by Petition or Suggestion made to the King, or to his The Parliament is [...]ne [...] the King's Great Council. Council, unless it be by Indictment, or Presentment of good and lawful People of the same Neighbourhood, where such Deeds be done in due manner, or by Process made by Writ Original at the Common: Law; and that [...]ne be put out of his Franchise, or Free-hold, unless he be duly brought in to answer, and fore-judged of the same, by the Course of the Law. And 28 Edw. 3. c. 3. it is Ordain'd, That no Man, of what Estate, or Condition soever he be, shall be put out of his Lands and Tenements, nor taken, nor imprisoned, nor dis-inherited, without being brought in to Answer by due Process of Law. 42. Edw. 3.6.3. 'tis Decreed; That no Man be put to An­swer without Presentment before Justices, or Matter of Record or by due Process, and Writ Original, according to the Old Law of the Land: And if any thing be done to the contrary, it shall be void in Law, and holden for error. Likewise, in the Petition of Right, 3 Car. 1. c. 1. 'tis Complain'd of by the Commons, as a great Grievance of the Subject, That against the Tenor of the said Statutes, and other the good Laws, and Statutes of this Realm to [Page 27]that end Provided, divers of His Majesties Subjects have been Imprisoned Without any Cause shewed; and when for their Deliverance, they were brought be­fore Justices, by His Majesties Which by the by, were not then Denied, though the Laws were not half so full and ex­press, as the late Statute. Writs of Habeas Corpus, there to undergo and re­ceive, as the Court should Order; and their Keepers Commanded to Certify the Cause of their Detainer; no Cause was Certified, but that they were Detained by His Majesties Special Command. And 37 Edw. 3. c. 18. 'tis Enacted, That though it be Ordained in the Great Charter, that no Man [...]e Taken, nor Imprisoned, nor put out of his Free hold, without Pro­cess of the Law; nevertheless, divers People make false Suggestions to the King himself, as well for Malice, as otherwise, where the King is often Grieved, and divers of the Realm put in Damage, against the Term of the same Charter: Wherefore it is Ordai­ned, That all they who make such Suggestions, shall be sent with the same Suggestions before the Chancellor, Treasurer, and his Grand Council; and that they find there Surety, to pursue their Suggestions, and incur the same Pain, that the others should have had, if Attainted, in case that his Suggestion be found Evil. Or as it is alter'd in the following Parliament, 38 Ed. 3. c. 9. It is Assented, that if he that maketh the Complaint, cannot prove his intent against the Defendant, he shall be Commanded to Prison, there to abide till he hath made gree to the Party of his Damages, and of the Slander that he hath Suffer'd by such Occasion; and after shall make Fine, and Ransom to the King. In the Statute 16 Car. 1. c. 10. 'tis Declared, That the Reasons for putting down the Star-Chamber-Court, was not only founded on their Proceed­ing contrary to former Statutes; but that it was also an intol­lerable Burden to the Subject, that the Remedies for all Cau­ses, might be had in the ordinary Courts of Justice; and that it was the means for introducing Arbitrary Government.

I say then, if the same things are Exercis'd, and the Cau­ses remain any where else, they are equally to be Discounte­nanc'd, and Explode'd by King and Parliament, and all Free­born [Page 28]Subjects: And if the King's Officers or Ministers, from the Highest to the Lowest, do any Illegal Act, though by the King's express Command, they themselves become Cri­minal: it cannot be suppos'd, that any Officer of any Court whatever, or Power inferior to His Majesties, can have a grea­ter Latitude; but that whoever Executes any unlawful Com­mand to the Prejudice of his Fellow Subject, must be Answe­rable to the Party agriev'd, and lyable to make him Satisfacti­on; notwithstanding any Illegal Warrant whatsoever.

He that Considers the great Charge of One Pound, Six Shil­lings, and Eight Pence per Diem, Fees to the Serjeant, and his Messenger, besides Diet, and Lodging at Pleasure, will believe no Man ought to Suffer under that Punishment but upon good Grounds, and in conformity to former Laws, without the Accusers giving Security for Prosecution and answering Da­mages, if the Party prove himself Injur'd. 'Tis known Maxim in our Laws, that Carcer it ad custodiendes, non ad pu­niendes homines, before Tryal or Conviction; which was so far from being Mr. Sheridan's Case, that he was Committed, During Pleasure to a Chargeable Confinement, without Cause Alledg'd, or any Information upon Oath; which is very Remarkable, if we consider Noris's Case, which was Voted by the same House, that restrain'd Mr. Sheridan in this manner, Illegal and Arbitrary, because there was neither information upon Oath, nor Crime Specifi'd; and sure, no Man can conclude the Commons may do that against a Subject, which the King cannot, without some Statute, giving the one that Power, which is Deny'd by all to the other. But, as the King can do no Wrong, though his Officers may; so I am con­tent to admit, if they Challenge the same Priviledge, that the House of Commons may be always in the Right, provided they allow, that in the Execution of their Injunctions, some of their Members, and Ministers, may [...]t; though the whole Body may be exempt yet th [...]se do run the hazard of being call'd to an Account.

I am certain, 'twas in order to Vindicate the Right of the [Page 29]Subject, as well as to retrieve his own Liberty, and free him­self from Charge, Mr. Sheridan attempted the Habeas Corpus; a Motion, that no doubt offended some, though not the disinteressed part of the Nation, nothing tending more to the advantage of the People, and the opposition of Arbitrary Power, at least equally to be contended against in the Com­mons, as in the King, by every free born Subject; who if ne­cessity makes him a Slave, and he have the Liberty to chuse, ought and must preser one Master to many. And tho it was three several days debated in the House, and that some were of opinion, the Act was not design'd in favour of any by them Committed, the contrary was so plain from the Words, that it was never brought to a Vote. And I am in­form'd that one of the most Eminent and Deservedly Lead­ing men of the House, a Manager of my Lord Staffords Tryal, Mr. P. advis'd their proceeding according to Law, in a Case where the Right of the Subject was so Nicely concern'd; and which was indeed, or might be, every English-man's, in which present and future Ages were equally interessed, and in which a Vote, not having at all the force of a Law, nor the exposition of a Statute, might not only Reflect, but make them Odious to all the World: An advice, which all the People in the King­dom ought to acknowledge with Gratitude; nothing being more certainly the true Interest of the Nation than to keep all things within their proper Bounds and Channels; the King to continue to Both Houses of Parliament, what the Lords have by Fundamental Constitutions alwaies enjoy'd, and the Commons by their constantly renew'd Petitions have receiv'd from the Kings Favour, their accustomed Right, and Priviled­ges; and neither Lords nor Commons to Entrench upon, or offer violation to any of their Soveraigns Prerogatives, which (as the great Coke sayes) are as much the Peoples Safety as the Kings Honour.

And indeed it were highly preposterous that the King, who is the Fountain, Spring and Head of Law and Justice, should be concluded by this act, and the Commons should not, who [Page 30]are the Lowest part in the Legislative Power and who have no manner of pretence to Judicature, nor (by Original Right) even their own Members as is consonant to Reason being all equal, and as such, having no more Power over one another, than Hartford-shire has over Essex, or Oxford over Cambridge, agreeable to that known Maxim in our own, and the Laws of all Nations, Paribus in pares non datur potestas. It plainly ap­pears, that the Punishments of breach of Priviledge against any of the Commons, was order'd upon their applications, by the King or Lords, and never any by themselves inflicted before the latter end of King Henry the Eighth's Reign, when the case of Ferrers, because extraordinary, was referr'd to 'um by the Lords, as you will see in Crompt [...]n's Jurisdiction of Courts. And at this day 'tis certain, the Commons can force none into the custody of their Serjeant, but in the case of Re­fractory Persons are under a necessity of begging the Kings assistance, as is plain not only from Mr. Stowel's refulal to go along with their Messenger; but likewise from their printed Votes of the 8th of this instant January, concerning Sir John Lloyd, &c. However, since concession or continued usage have given them Power over their own Members, or over others guilty of Breach of Priviledge, let them in Gods name enjoy it still; but let them not Vote any thing they please a Breach of Priviledge, since they are known, and no other than what they ask at the beginning of every Parliament from the King's Grace, and are recorded, as first beg'd in Henry the Eighth's days by Sir Thomus Moor, then Speaker. To act other­wise, is to set up an Arbitrary Power, never to be endur'd by any English Man, unless the most despicable of Cowards and Betrayers of his Country-Liberties. For, as the Commons are the Representatives of the Nation, so they are chosen to defend, not invade their own, when out of that station as well as the Peoples, Priviledges.

While this Process was on foot, Mr. Sheridan had many Ad­dresses and Advices to Petition a second time; which he not only refus'd before at the Serjeants instance, but after also at [Page 31]that of others; and that you may be fully satisfi'd of this Truth, read the following Letter on this occasion to one of the Members, Sir R. C.

I have industriously avoided in this Narrative, the overtures I have heard were made Mr. S. because not to be mention'd without Reflection on one side, or too much Honour on his. Tis enough, that he resisted all manner of Temptations, that cou'd betray or discover a Propension to dishonesty or cowar­dize; and that as he had spoken and given it under his hand, so he wou'd make his Actions justifie his words, that he wou'd [Page 32]by all possible means promote the good and service of his King and Country, without making Shipwrack of a good Consci­ence, and that Reputation, which though clouded for the pre­sent, he neither cou'd nor wou'd forfeit.

I will add no more, than to English what a wise French man, in such an occasion has Recorded: Si vous jegez surles apparences, vous seriz souvent trompet: Ce qui paeroist n'est presque jamais la verite. If you wi [...] not be deceiv'd, judge not according to Appearance, but judge Righteous judgment. He that has liv'd any time in the World, ought in passing his Censure upon others, to consider whether he himself has never been traduc'd or heard groundless stories, if he have not, he has had extraor­dinary good fortune; if he have, he ought to be very slow in giving credit to Reports, which are sometimes rais'd upon very little, and ofter without any, grounds.

This has been notoriously Mr. S's. Case; no man was ever more loudly clamour'd against, nor more without cause, as appears, in that after al scrutinies he is found Innocent; insomuch that one may well say. Here has been not onely a Great Cry, and a Little, but no Wool; abundance o [...] Smoak without any Fire. Though his envious Adversaries will have it that his Cunning only protected him, I do not doubt but you will believe the contrary knowing from many years intimate Acquaintance, no man is more free and open has less of craft or sebtilty; and considering his ten pen­none has more cause to study to preserve from danger the simplicity o [...] the Dove by the Wisdome of the Serpent: A Caution, if ever useful, a [...] this time more particulary necessarly.

Through his Sides, 'tis well known, a very great Person was shot at who perhaps will be found Invulnerable. Dog▪ Bark at the Moon in vain Some Spots there may be in that Great and Glorious Body, but [...]o [...] such as can render it useless or in significant to any man of Sence or Reason

Conclude then of all men by your own experience. and not upon the Relation of either Friends or Enemles; the first are not more Partial. then the last malicious. I should play the Fool extreamly, if I give you Advice, who of all the World has the least need of any; and therefore not having design'd this to you, without begging your Pardon, I will take the Liberty without further Apology, abruptly to Subscribe my self what I truly am,