of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the Right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinctions is to be made between the Power of making Laws for the regulating the Conduct of it and the Power of executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their nature import that those to whom they are given are accountable even though that it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the Publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in Truth the Principles of Natural Religion give those that are in Authority no Power at all but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by human means such as Succession or Industry yet he has a Security for the Enjoyment of it from a Divine Right so tho Princes have no immediate Warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the Possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery in all which cases the general Name of Master may be equally used yet the degrees of his Power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others and therefore though all those may carry the same Name of King yet every ones Power is to be taken from the measures of that Authority which is lodged in him and not from any general Speculations founded on some Equivocal Terms such as King Sovereign or Supream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest proofs of the Dvine Authority that is committed to them on such occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegatation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Nor does it appear reasonable to conclude from their being in Possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long Tract of Time make a bad one become good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common Sense of all Men a just and good Title so upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must allways be â—roved but Liberty proves it self the one being founded onâ—y upon a Positive Law and the other upon the Law of Nature VIII If from the general Principles of Human Society and Natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of neither side For as the Land of Canaan was given to the Iews by an immediate Grant from Heaven so God reserâ—â—â— still this to himself and to the Declarations that he shoulâ—â—â—â—â—ke from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such Designation neither for themselves nor for their Ancestors IX As for the New Testament it is
Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us We change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered First All general Words how large soever are still supposed to have a tacit Exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there seems to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the Renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maiâ—tain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who mâ—de that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by Consâ—quence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince cloâ—hed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annâ—ls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchial Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Maleversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we may have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
since obtained as such Hence I infer that the present Convention may if they please assume to themselves a Parliamentary Power and in Conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament A LETTER to a Member of the CONVENTION SIR I Hear you are elected a Member of this next Convention and therefore expect to see you very suddenly in Town but I caâ— tell you my mind more freely in Writing and you may think better of it when you see it before you and therefore I have rather chose to give you the trouble of this Paper than to leave all to a personal Conference at our next Meeting I will not dispuâ—e with you about what is past or what is to come it is too late to do the first and as for the second whatever becomes of other Arguments Interest is most apt to prevail and therefore all that I beg of you is to take care that you do not mistake your own and the Nations Interest in a matter of such high Concernment There is no less Affair before you than the Fate of Princes and of three Kingdoms which requires the most calm mature and deliberate Advice and yet when you come to London you will find such Distractions and Divisions in Mens Counsels that all the threatning Dangers of Popery were not a more formidable prospect to Considering Men all old Animosities are revived and new ones fomented every day some are visibly acted by Ambition others by Revenge the Dissenter is very busie to undermine the Church and the Commonwealths Man to subvert Monarchy and the Lord have Mercy upon us all I doubt not but you will readily confess that it is the common Interest to have things settled upon such a bottom as is most like to last and then I am sure you must consult both Law and Conscience in the matter and keep to your old Establishment as near as you can for when there are so many Distempers in Mens Minds and such contrary Interests it is no time to innovate it is no time to lay new Foundations when there are frequent Earthquakes which will not give them time to settle The Revolutions of State have been so quick and sudden of late that all prudent Men will be cautions how they try Experiments which are commonly dangerous and uncertain but especially in matters of Government which depend on the good liking of free and moral Agents and when so many Hundred Thousands are to be satisfied you can never guess at the prevailing Opinion by the major Vote of a Convention Let us then consider what is most likely to give the most general satisfaction to the Nation for that I am sure is most likely to be lasting and because you may be a Stranger to these Matters yet I will give you an Account of the different Projects now on foot as well as I can learn them Some are for sending to the King and Treating with him to return to his Government under such Legal Restraints as shall give security to the most jealous Persons for the preservation of their Liberties Laws and Religion and if he will not consent to this to make the next Heir Regent Others are for declaring the Crown forfeited or demised and proclaiming the Princess of Orange Others will have the Government dissolved and begin all de novo and make the Prince of Orange King or Crown him and the Princess together and postpone the Title of the Princess Ann till after the Prince's Death if he survive the Princess I shall not pretend to tell you which of these I should prefer were it Res integra for the Question is not which you and I should like best but which will be the firmest Foundation for the Peace and Settlement of these Kingdoms 1. As for the first though it be horribly decried and such Men foolishly exposed as Friends to Popery and Arbitrary Power yet I could never meet with any Man yet who had the face to reject all Treaty with the King upon any other pretence but that it was in vain that it is impossible he should give any Security to the Nation that he would Govern by Law which is so ridiculous a pretence that it will satisfy no Body but those who are resolved that he shall never return For as little as I am versed in this matter I could frame such Laws as should put it utterly out of the King's Power to invade our Liberties or Religion However I am sure we should have thought our selves very secure would the King have called a Free Parliament and given them liberty to have made what Laws they pleaseâ— and that which would have given such general satisfaction before had it been granted I suspect should it be now granted and refused that would give as general dissatisfaction nay the very refusal to Treat will be thought such a scandalous neglect of our Duty to a Sovereign Prince and give such Jealousies to People that those who oppose it are only afraid that the King should comply as will be the foundation of universal Discontents which will shew themselves upon the first occasion It is certain would the Convention Treat with the King either they would agree or they would not agree if they could not agree upon the proposal of reasonable Securities this would satisfie Multitudes of People that they had tried if they did agree this would give universal satisfaction and there were an happy end of all our Troubles But now let us suppose that part of the Convention should prevail which is against Treating with the King and for deposing or setting him aside without more ado let us consider what is like to be the most probable Consequence of this Iâ— is certain this fundamental Change in the Government cannot be made by any Legal Authority for the Convention will not pretend to any such Legal Power and there can be no Parliament without a King and a King whose whole Authority depends upon a Convention that has no such Authority is but in a weak state as to Civil Right No Man will think himself bound in Conscience to obey him and when every Mans Conscience is free let such a Prince beware of Epidemical Discontents And let you and I calmly consider what Discontents may probably arise upon such a Juncture 1. First then All those who think themselves bound by their Oath of Allegiance to defend the King's Person Crown and Dignity who wonder at Men of Law who talk of a Forfeiture or Demise of the Crown while the King lives and flies out of his Kingdoms only for the safety of his Person and because he will not trust himself in the power of his Enemies I say all such Persons will be greatly discontented at Deposing the King and will never own any other King while their own King to whom they have sworn Allegiance lives and tho you should suppose such Conscientious Men to be very few
to return to his Government under such legal Restraints as shall give security to the most jealous Persons for the preservation of their Laws Liberties and Religion iâ— horribly decryed c. yet the only Reason against it is because it is vain Now Sir that Reason is so very good that it may perhaps justily that dreadful Consequence you so shrink at for though I do not doubt but you are a wonderful Legislator yet if Twenty wiser Men than you were joined with you to frame these new Laws yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives and he will break through all your Restrictions with wonderful Facility as we have seen by Experience But then if you leave him the Name and take away the Power of a King you set up a Common-wealth immediately which will not end with your Popish Prince but there will be stickling to keep all things in the same State in the following Reign of what Religion soever the Prince is which was the Reason why the Limitations offered by Charles II. in 1679 were rejected And let it be remember'd also how well that Prince that was supposed to be a Protestant kept his Word and the Solemn League and Covenant which he solemnly with Hands and Eyes lifted up to Heaven swore to observe in Scotland c. Well but we would have thought our selves very secure if the King would hâ—ve called a Free Parliament Yes Sir if he would have call'd it Freely so that it had been the production of his Will without Force but Sir it is notorious he was resolved the Parliament should either not be free or not meet and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last in which the Author tells us That the summoning a Parliament 〈◊〉 is so far from being the only way to preseâ—ve His Majesty and the Kingdom that it will be one of the principal causes of much Misery to the Kingdom c. and nothing would do then but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say Sir If you cannot remember this you shall never be trusted to frame Laws if I can help it There is another and a better Reason to refuse a Treaty than the fearing the King should comply Suppose that he should grant all that you can ask bating White-Hall the Reveâ—â—e the Title of King and the Right of calling Parliaments and making Peace and War What Security have we that he will acquiesce in this low restrained Estate Oaths Laws and Promises we had before but what did they signify Who shall be Guarantee what shall we do if he break out again In short quis eustodiet Custodes So that the many who desire a Treaty are desired to read the Enquiry into the presenâ— State of Affairs that they may not come into the Discipline of the severe Lady who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with if God and H. W. P. O. had not saved us But if the Convention should refuse to treat and Depose the King it would act without a Legal Power § 8. Why Sir here is no occasion to talk of a Deposition the King is gone of his own accord freely and they are only to consider whether we shall perish in a State of Anarchy reâ—al him and suffer over again all that is past and all that was intended but prevented or whether they shall recognize the next immediate Heir and enquire who that is Well but the next Heir it seems shall have small joy of it his whole Authority depending on a Convention that has no Authority In good time Will the Authority of this Prince when acknowledged depend on the Authority of the Convention Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights But no Man will think himself bound in Conscience to obey this Heir Have you Sir the keeping of all Mens Consciences or the knowledg of their Thoughts I can assure you mine is not in your custody § 9. All those who think themselves bound still by their Oath of Allegiance to defend the King's Person his Crown and Dignity c. will be greatly discontented Why Sir then they may go over into France and be admitted into his Guards and perhaps the generous Allowance given him by the French King will maintain them if their Heresie do not over-ballance their Loyalty and turn it into a Crime as it happened to the Hâ—gonots Well but they will never own any other whilst their own King lives Assuredly this is a wonderful Man if he could but as certainly inform us of the number as he can of the Thoughts and future Actions of these Loyalist's Well but if they should happen to be Persons of known Prudence Abilities Integrity Honesty though they were never so few and never so tame it would give a terrible stroke to this Toâ—tâ—ring Government Why Sir all or the greatest part of such Men in the Nation were a dreadful Body tho they were and ever will be few but Sir there must be a considerable Body of such Men first satisfied in the Convention a number without Doors are already satisfied and more will when the States have passed their Resolves and the remainder of the Men of this High Character who will still remain Discontented if they are any thing Peaceable though not over Tame will never be able to shock the most Tâ—â—tering Government in the World by their Examples how well soever he thinks of them Yet § 10. He endeavours to shew the number will not be small because many who joyned with the Prince are ashamed of what they have done and ask God pardon for is and are ready â—o undo it as far as they can Well Sir how many such do you know besides your self A List of these Men were worth the having and may perhaps be easily taken if one knew how to separate them from the rest however I should not fear greatly the terrible Shock of these wonderful Men till I had better information of their Numbers than you can possibly give us They were not willing to part with the King tho they were horribly afraid of Popery Why Sir has the King changed his Religion in France or are those Gentlemen so fond of the King that they would now be contented to suffer all that Popery threatned so lately Or are they become as weary of their Delivery as they were before of Popery Or will they sacrifice their Laws Religion old Foundations and Free Parliaments to their Allegiance to their King If you say Yes I have done if no then you would have what was not to be had and will not be contented with what may be hâ—d and if the Number of these Men is great farewel
of the Constitution The Constitution and Laws thereof being agreed upon and it being impossible for Humane Prudence to foresee all Accidents which must be provided for therefore as they arise the Administration necessarily must lie in these two Things The making farther Laws subordinate still to those fore-priz'd as occasion requires and seeing them executed that is in Legislation and Judgment The One is the Business of the Supreme Authority the Other of the Inferior Magistrates or Officers and Executioners of the same according to that Fundamental Agreement made by the People Our Government now as constituted in order to this Administration is we know a mixt Government A Government is known to be pure or mixt by the placing the Supreme Authority If the People place it singly in the King or singly in the Nobles or singly in the People then it is a pure Monarchy Aristocracy or Democracy But when it is placed in all Three it is a mixt Government as Ours is where there are no Laws in the Administration made but by King Lords and Commons These Things I pursue only so far as is necessary to the reaching my main Purpose and the leading me to a right discernment of the present Condition into which we are now brought in regard to this said Government The Supreme Power of the Nation being placed in a Parliament which is a Corporation of King Lords and Commons that is the Supreme Authority residing in King Lords and Commons as One Corporation there does appear at this Conjuncture a Dissolution of the Government A Dissolution manifestly as to the Exercise of it This Appearance does arise from the opening of the last Scene For the King being now gone gone from his People and departing from his Government that One Corporation we speak of is broke so that there remains now no subject for that supreme Authority It being evident that a Parliament wherein an Essential point of our Constitution does consist cannot now be Assembled And the Providence of God it self hath extraordinarily determin'd our Case If a King dies he hath a Successor and the Right devolves upon Him but whilst the King lives he hath no Successor and the Right remaining in Him and no Other and he being divided from his Lords and Commons the Subject of the Supreme Power or this One Corporation whereof the King is a Chief Essential and Constituent Part does perfectly cease and must necessarily cause a Dissolution I choose not to found this upon what does more convince Others which comes to this Account The King by his frequent Malversation in the Government and rooted Design of subverting our Religious and Civil Rights for the Introduction of Arbitrary Power and Popery which being aggravated by such an Endeavour as the destroying that Share in the Government which every Commoner hath that hath Right to choose his Representative in Parliament by his Garbling Corporations and so evacuating this Liberty in effect and by such an endeavour also as the exterminating his Protestant Subjects seeing that Religion which he would have introduced is such as by the Principles of it if it comes into Domination must do so to all Hereticks and thereupon may he be look'd on no longer as Rex but Hostis and Hostis Publicus Besides the subjecting us to a Foreign Jurisdiction and the very changing the Government by that indefinite Dispensing Power over the Laws as was carved to him by his Judges from Regal to Despotical It is judged by them that he is fallen thereupon from his Royal Dignity and that the Universality thereby have Warrant not only to defend themselves against him but by Vertue of that Sanction which is tacitly implyed in the Laws of the Constitution to proceed on to take the Forfeiture He hath made of his Government and Depose Him For it is a fond thing think they to imagine any Laws without a Sanction and impossible there should be any other Sanction in Treaties between Free Nations or between a Free People and the Governour they set over Themselves than Force to be used by the Parties concern'd there being no Third Party on Earth to appeal to in such Cases However this be it being taken for granted That the Government is dissolved and I suppose upon that preceding Account of the One Corporation I say being broke the Supreme Authority that lay before in the Three as united in One does escheat or fall to the Community who must therefore choose a new Subject for that Power and it lies at their Discretion to place it in what Subject they please They may lodg it in the Lords and Commons alone without a King if they think that Government best the matter lies altogether upon their Agreement and Consent I suppose it most likely that they will agree to place it again in a Monarch Lords and Commons the Person only left at Choice and Care had to prevent all Danger of Law in the Case according to the Ancient Constitution Though what Man can know the Mind of a Nation when once come together if he knows his own Mind There is one thing we have now Opportunity to obtain which we can never recover again if it be lost and that is what His Highness the Prince of Orange hath made one of his two Designs The Delivery of the People from Slavery which can never be done effectually and radically but upon this Advantage The delivering us from Popery is contained in the setling our Religion and that being a Work of great length is the business more properly of a Parliament but this is a thing must be done by the Community and consequently by thofe that are the Representatives of it a Convention so called in regard to a higher Capacity hereunto and not a Parliament for that represents the People not as in a Community but as in a Common-wealth where there is pars imperans as well as subdita which now is not A Parliament makes Laws for the Administration but the People as in a Community make Laws for the Constitution I would therefore humbly offer it to the Consideration of those who shall meet as Members of this Convention That in order to the Effect premised they do but agree and pitch upon this one certain Point of good Policy that where they place the Supream Authority they lay also the Rights or Properties of it that is the Iura Majestatis Majestas being Maxima Potestas all together The Rights of Majesty or the Supream Power are mainly these The first is Legislation or making Laws and this undoubtedly lies in a Parliament The next is the Power of raising Arms or Armies or the Militia the Power of making Peace and War or the Power of the Sword which is necessary to maintain those Laws The third is a Power over our Estates or the Purse or raising Mony which must maintain the Sword. A fourth is the Power of choosing Magistrates to rule Us according to these Laws such as Judges and Sheriffs
to name no other A fifth is the last Appeal Now let but the Power of the Militia and choosing Magistrates be laid where Legislation is and we shall be fundamentally delivered from all Slavery for ever in the Nation If we be enslaved or oppressed by any Prince for the time to come it must be either by Force or by Injustice We cannot be oppressed by Force because no Forces then can be raised by Him but by a Parliament He cannot rule by an Army or by Violence for the Militia is in the Lords and Commons as well as in Him and they will not let him do so We cannot be oppressed with Injustice for the Iudges and Officers entrusted with the Execution of Iustice shall be chosen also by them and they will look to that It is true while no Parliament sits the King by Virtue of the Executive Power lying in him may raise Arms and put in Officers and Magistrates as there iâ— need but both these are to be done under the Controul of the next Parliament which are therefore to sit often by ancient Statutes there being no War to be levied nor Magistrates confirmed without their Approbation Let us remember the State we are in a State that puts the Supream Power in the Hands of the People to place it as they will and therefore to bound and limit it as they see fit for the publick Utility and if they do it not now the Ages to come will have occasion to blame them for ever When the Supream Power is upon the disposing if they do not take this Item as part of their proper Work To bind the Descent of it to a Protestant I shall blame them But I shall do so much more if after the Danger we have been in of Arbitrary Domination and Popery by the King 's raising Arms and putting Judges in and out at his Pleasure they do not take more care of the Supream Power to lay it and its Rights better together Especially seeing nothing can indeed be that in Nature which it is without its Properties This is uniform I must persist to the Nature of Government that where the Supream Authority is there must be its Prerogatives and where the chief or principal Rights of it is there should all the rest which depend upon and belong to it be placed also Where Legislation is lodged there should the Militia there should the Power of making Judges to name nothing more than serves my turn be lodged also It is this hath been the great Declension Fault or Defect of our English Common-Wealth that the People have suffered these Rights of Soveraignty to come to be divided arising we must conceive from the Administration that is Male-Administration as appears for Example in the Militia which upon the fresh coming in of the late King was in two or three hot Acts declared now and ever to have been in the King when both the Assertion was gross Flattery and such Acts void as fundamentally repugnant to the Constitution There is one Difficulty to be thought on and that is the Negative Voice of the Prince in his Parliament The Lords and Commons may agree upon some Law for the publick Benefit and the King alone may refuse to pass it If he be obstinate this is a great Evil and might really make one think it would be better therefore for the preventing this Inconvâ—nience to place the Supream Power in Lords and Commons only without a Controler Unto which may be added the Power of Calling and Dissolving Parliaments at pleasure by virtue whereof our Kings hitherto have pretended a Power predominant over them But forasmuch as these Prerogatives may be disputed and the Negative Voice hath been deny'd by many Judicious Men who have pleaded the Obligation of former Princes to confirm those Laws quas vulgus elegerit it is to be hoped that the Wisdom of the Nation will be able to find out some Expedient or Salve for this Difficulty and for more than that also so long as they have the Golden Opportunity to bring a Crown in one Hand with their Terms or Conditions in the other As for the several Grievances that need Redress and many good Things that are wanting to compleat the Happiness of our Kingdom there may be some Foundation laid happily or Preparations made in order thereunto by this Convention but as belonging to the Administration and being Matters of long Debate they are the Work more properly of an ensuing Parliament Only let not the Members of this present Great Assembly forget that they having so unlimited a Power and the Nation such an Opportunity which as the Secular Games they are never like to see but once they are more strictly therefore bound in Conscience and in Duty to their Country to neglect no kind of thing which they judg absolutely necessary to the publick Good. I care not if I commend three or four such Particulars against the time to Consultation which shall be these A Regulation of Westminster-Hall A Provision against buying or selling of Offices A Register of Estates A Freedom from Persecution by a Bill for Comprehension and Indulgence in the business of Religion A Redemption of the Chimny Mony which bringing the King to be Lord of every Man's House is against Property and an over-Ballance in the Revenue is against the Interest of the Nation THE Breviate bing ended we cannot but reflect upon the King there being so much Concern in the Minds of many about their Allegiance to Him though He be gone But such Persons as these should look a little more to the Bottom That a People is not made for the King but the King for the Peole And though He be greater than them in some Respects yet quoad finem the People are always greater than Him That is If the Good of the one and the other stand in Competition there is no Comparison but a Nation is to be preferr'd before one Man. As appears by the Opinion of King Iames the First hereto annexed If the Being of them be inconsistent one with another there is no doubt but it is better that a King cease than that a whole Nation should perish And upon such a Supposition as this all Obligation as to Duty must cease likewise There are some tacit Conditions in all Oaths as the best Casuists tell us such as Rebus sic stantibus for one that we must steer our Consciences by in these Cases He is the Minister of God for our Good says the Scripture And if any Prince therefore be under those Circumstances as that it cannot be for the Peoples Good that he should rule over them we do look upon such a Ruler to be bound in Conscience to give up his Government as being no Minister of God upon that Account And so having no Authority from God for that Office the Peoples Obligation to be subject to Him is at an end with it If they obey him longer it is for Wrath not for
is in the Church as National must heal our Breaches The Catholicks are for one Universal Organical Church throughout the World whereof the Pope is Head according to some and the Bishops Convened in a General Council according to others That there is a Catholick Church Visible on earth as well as invisible whereof CHRIST is Head who was on Earth and is now Visible in Heaven is past doubt also with Protestants But that this Church is Organical and under the Government of a Monarchy by the Pope or of an Aristocracy by a General Council it seems a thing not possible in nature because neither can any Oeâ—umenical Council ever be Called or any One Man he sufficient to take on him the Concernmenâ—s of the whole World. A Political Church is a Community of Chrisâ—â—ans brought into an Orber of Superiority and Inferiority by an Head and Members organized for the Exercise of that Government which is proper to it but the whole Earth is not capable of any such Order And Councils therefore which are gather'd out of several Countries or of Bishops belonging to more Dominions than of one Supreme Power may behad for mutual Advice and Concord but not for Government A Nation Empire or Kingdom which consists of one Supreme Magistrate and People who are generally Christians are capable of such an Ecclesiastical Polity and a National Church Political in England is to be asserted and maintained The Church of England then is a Political Society of all the Christians in the Land united in the King as Head and organized by the Bishops for the executing those Laws or Government which he chooses for their spiritual Good and the publick Peace There is this difference between a Church National the Church Catholick and Particular Churches The two latter-are of Divine Right and Essential Consideration but the former is and can be only of Humane Institution for it is manifestly Accidental to the Church of Christ that the chief Magistrate and the whole People should be Christian. Distinguish we here of the Government of the Church as Internal belonging to the Spirit and External which belongs to Men And of the External Regiment thereof which is either Formal belonging to the Ministers or Officers of Christ or Objective belonging to the Magistrate the one being only by the Keyes the other by the Sword. Whether the Community now of Christians in England may be accounted a National Church in respect to any Formal Government of it we leave for dispute to others let them judg according to the foregoing Definition of a Political Church But that the main Body of the Nation are or may be constituted a proper Political Church National in respect to that External Objective Regiment which is or should be exercised by the Bishops as the proper Organs thereof under the King is what we hold reasonable and would lay as the Foundation-Stone of Peace in the matter of Religion between all Persons in the Kingdom Let the Parliament therefore we have be heartily for the Publick Good and thriving of England which must and can be only by an entire Liberty of Conscience in opposition to the narrow Spirit of any single Party or Faction and when such a Parliament as this shall set themselves about the Business of Union to purpose a Bill should be brought in Entituled An Act for declaring the Constitution of our Church of England A Parliament is the Representative of the whole Nation and no doubt but by Consent and Agreement they might upon the account mentioned Make a new Constitution and much more may they Declare the Constitution of it It should be declared then in such a Bill or Act that the Church of England consists of the King as the Head or pars Imperans who is to give Laws thereto and all the several Assemblies of Christians which he shall tolerate as the pars subdita or Body Some Discrimination between the Tolerable and Intolerable is indeed never to be gainsaid by any wise and good Man unto whom there is no Liberty can be desirable which is not consistent at least with these three things the Articles of our Creed a Good Life and the Fundamental Government of the Kingdom It is not for any private persons but a Parliament to prescribe the Terms of National Communion But we would have all our Assemblies that are Tolerable to be made Legal by such an Act and thereby parts of the National Church as well as the Parochial Congregations The Church here therefore must come under a double consideration as the Church of Christ and as the Church of England Take the Church as the Church of Christ and there must be as we have said at first endless Controversy about this point who are the true Members of it but take it under the consideration as National and there will be none at all for those must be Membâ—rs whom the Head by a Law does allow to be parts of the Body and the King under this notion only is made Head of the Church by the Stature that is as it is called Ecclesia Aâ—glicana The Protestant Dissenterâ— of all sorts as well as the Conformists will acknowledg the King to be Supreme Coercive Governour over all Persons and in all Causes Ecclesiastical and Civil throughout his Dominions And will not those who are Roman Catholicks do the like Did they not do so in Henry the Eight's time when they were generally such Again the Dissenters of all sorts even the Congregationalists of every Sect are ready to submit to any power legally derived from the King and upon such an account will admit of a superintendency of the Bishops as Ecclesiastical Magistrates under him when they cannot own any Authority that they have over other Ministers from Iesus Christ and will not Papists also be subject to all Authority that is exercised legally in his Name howsoever they may question the Spiritual Title of the English Clergy and their succession We would have the Bishops then qua Bishops as distinct in Office from Priests declared no other than the King's Officers whose power is but Objectively Ecclesiastical and to act Circa Sacra only by Vertue of his Authority and Commission As Iehoshaphat did comit the Charge incumbent upon him as Supreme Magistrate in regard to all Matters of the Lord unto the care of Amariah being Chief Priest and in regard to the King's Matters unto Zebadiah being as the Chief Iustice of the Realm so should the Diocesian Bishop be in our Ecclesiastical as the Judges are in Civil Matters the Substitutes altogether of His Majesty and execute his Jurisdiction This is indeed at State point which was throughly canvased by Henry the Eight whose Divines did agree on two Orders alone Priest and Deacon to be of Divine Appointment and that the Superiority of a Bishop over a Presbyter or of one Bishop over another was but by the Positive Laws of Men only as appears in that Authentick Book then put out entituled
Prince of Orange was a Foreign Prince Will you be pleased in answer to this to fix your Thoughts upon that of the great Apostle St. Paul he is excepted that put all things under him So here without Question the King may divest himself of all Authority and Power and when this is done the Obligation ceaseth as if he were really Dead The Preface to the New Oath is not an authoritative Abdication but rather a Declaration of Matter of Fact that the late King Iames hath abdicated So that in fine the main of the Controversy lies here Whether the late King did abdicate For if he did without all Question the Obligation of all Oaths taken unto him is ceased In confirmation of the Affirmative I shall endeavour to make it clear that any King may And secondly That the late King did abdicate That Kings may denude themselves of their Princely Power and Sovereignty appears from what was done by Charles the Fifth Emperor of Germany and King of Spain at the same time who did abdicate both and his Subjects took new Oaths of Fealty to other Princes Some of those Times might question his Courage but none did ever except against the Validity of it May it not seem something unjust to deny this Liberty to Princes when they find themselves overcharged with the Weight of Government to retire into a Privacy for the better enjoyment of their inward Peace and Quiet But I presume no Man will deny this Hypothesis It remains to prove the Thesis That the late King did abdicate 1. I will not dwell upon what was done by the Metropolitan and other Lords of the Council upon his first withdrawing they came into the City and with the Lord Mayor sent for the Lieutenant of the Tower seize upon the Keys dispossess the Souldiers place a new Garrison there and desire the Prince of Orange to assume the Regency Why all this if he had not Abdicated Upon what other ground durst they raise Arms seize upon his Royal Fort Or how can they excuse themselves from formal Rebellion and breach of Oaths if this be not granted and is not unpresidented That Princes shall take up their Scepters again when they have laid them down But to pass by this 2. I would willingly be resolv'd by any Thinking Man whose Judgment and Testimony is most authentick in this Particular Whether I am to resolve my self into the Judgment of the whole Nation in a full and clear Representation in Parliament or into the private Francies or Opinion of a few Men I remember what you once repli'd to this That every Mans Conscience is to judg for himself in point of Practice But do you not know when and by whom this Principle was exploded whilst some were prosecuted for meer Matters of Worship And shall this be pleaded by those Men who so vigorously have acted against it when in its own Nature it is so destructive of the Civil Peace A Line and a Line is an Abomination Did ever any Government upon the Pretence of Conscience dispence with Disobedience in Things necessary to its Establishment And can any Man expect to be excus'd from taking the Oaths which is the only Moral Security the Government can expect or require and upon this very Pretence which if allowed all Kingdoms must dissolve into Anarchy and Confusion Religion and Conscience being the Common Pretentions of all Male-Contents This may suffice to satisfy any sober Rational Man that is not resolv'd to maintain the Conclusion be the Premises never so weak Some there are that presume their Subscription to the Doctrine of the Church of England in her Book of Articles will not permit them to yield their Obedience to these Alterations But if this shall prove a Mistake and our Obedience shall be conformable to our Principles will it not rather be esteemed Peevishness than Conscience To discover the Mistake let us consider when and by whom the Articles were composed and refer the Practices of those Times to the Articles as an authentick and clear Interpretation of them and this also will vanish like Smoak 1. The Articles were made or at least confirmed in the Reign of Queen Elizabeth who was a constant asserter and maintainer of this Maxim That it is lawful for a neighbouring Prince to relieve and defend the Subjects of another when invaded in their Laws Liberties and Religion Who was it that protected and assisted the Hugonets in France against the Tyranny and Violence of their Princes Was it not this Gracious and Heroick Queen And who was it that protected the Netherlands against the Violence and Usurpations of the Spanish Monarch And was all this contrary to the avowed Doctrines of our Church of which she was the Defender Was not this defended or at least allowed of by the Church-Men of those Times must it be now inconsistent with the Principles of our Times Do they bind our Hands so that if we are invaded we may not crave the like Protection Let any sober scrupulous dissatisfied Person give a sober Answer and Resolution to these Queries The Dutch Netherlands erected a new Model of Government under her Protection after they had shaken off the Spanish Yoak 2. Let it be granted what ought not to be denied That the late King did abdicate and that the Government did devolve upon the People and these in a full Representative of the whole Nation whether in Parliament or in a Convention it matters not which whilst that was a free and fair Choice have constituted these to be our Governours Are we not to pay and swear Obedience unto them as well as their Predecessors And if this were rightly weigh'd would answer an Objection from that Declaration in the Act of Uniformity I abhor that Traiterous Position c. If after all this Men will fix all upon a Ius divinum and fly to Scriptures let them give plain positive Texts for a general Form with Rules universally relating unto and obliging all Places and Men. If they cannot let them confess that God hath left all Nations and People to be ruled by that Government and those Laws which are most suitable to the Constitution and Temperament of the People and this I lay down for a Foundation not to be overthrown But to Answer those places which are so much insisted upon that of our Saviour's St Paul's and St Peter's we need to make use of that absurd Assertion of some of the Romanists That this was only enjoyn'd and to be performed until they had opportunity to make a Resistance This would stain the Glory of the Primitive Martyrs Not a forced but a voluntary Martyrdom deserves the Crown however this gives a taste of the Loyalty of these Men and their Religion to the maintaining of which the Popish Princes sacrifice all their Power and Policy But for a more Substantial Answer by way of Satisfaction to these Scruples let it be duly considered that the Primitive Christians and we were under
accuse him of Capital Crimes but being defeated in that Villanous Attempt they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had at the Request of several Parliaments allowed to your Petitioner and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum for speaking this notorious Truth viz. That he the said Duke of York was reconciled to the Church of Rome and that It is High Treason to be so reconciled wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner and your Petitioner was committed to the King's Bench-Prison After this the same Popish Party obtained leave from King Charles the second to prefer two several Indictments against your Petitioner for two pretended Perjuries in his Evidence concerning the said Conspiracy which they brought on to Tryal in the Reign of King Iames the second and your Petitioner was upon the Evidence of those very Witnesses who had confronted him in three former Tryals and were disbelieved and through the Partial Behahaviour of the Chief Justice Ieffreys in brow-beating his Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull of the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Creâ—it and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your gâ—nerous and tender Consideration and to give him such Redress â—herein as to your Lordships and your Honours great Wisdom Iustice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 168â— in Obedience to the Prince of Orange's Letters They choice the Duke of Hamilton their President after which they had several Debates about the Duke of Gâ—rdon a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King Iames. They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King Iames requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Committee of 24 made up of all the Estates to settle the Government Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King Iames the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King Iames and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery
plain that there are no Rules given in it neither for the Forms of Government in general nor for the degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution in which we are and it is plain that the Rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doinâ— and that he will both support us under our Sufferings and gloâ—iously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls undâ—â—â—â—other Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Iews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Cesar but judged that they were only subject out of Fear by reason of the force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole Matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Presâ—rvation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Liberties and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured aginst the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those
his time than be justly reproach'd and curs'd to the End of the World by all such as love the Protestant Religion and ancient Government of England for appearing too late in their Defence The Example of Henry the Fourth of France may teach us how hard it is for a Protestant Prince to obtain his Right where the Catholick Religion is predominant nor was the new Armour of Popery he put on at last sufficient to defend the old Protestant against the Stab of a Jesuited Novitiate 4. His fourth Reflection acquaints us the Protestant Religion is at once expos'd and hazarded for if the King prevail what can the Prince of Orange's sort of Protestants expect at his Hands which are indeed all sorts of Protestants that I know of for the Presbyterians Independants Phanaticks Church-of-England Men are in his Army 'T is fair warning and I hope God will give the Protestants Grace to make the right use of it As for their changing Masters 't is a Chimera of his own and utterly foreign to the Declaration he pretends to reflect upon Lest we should forget he remindâ— us with that admirable Demonstration of I say that the whole Protestant Religion is at stake for which I heartily thank our worthy Reflector for tho it be very true we had not seen it in Print but for him 5. In his fifth Reflection he tells us that some Laws are better broken than kept which will not be easily granted 't is indeed true that some Laws were better be repealed than continued But then they must be null'd by the same Power they were constituted and not by any part of it in contradiction to the whole His instance is That Christianity could not have been introduc'd had the Pagan Laws been executed by which Parallel he would warrant Popery to be the true Christianity and the Protestant the Heathen Persecutors Laws for Idolatry cannot bind therefore Laws against it cannot a very strange Inference and I allow that a Lawful Authority by exceeding their just Bounds may act unlawfully but the Legislative Power cannot since all over the World the Supream Power ever was absolute be it in one or more He says no Man is obliged to maintain a Religion that is not true be it never so legally established So that it is but saying the Protestant Religion is not true and His Majesty notwithstanding his repeated Ingagements is no longer bound to protect it For in the words of our Reflector 't is an Absurdity and Impiety to do so 6. The sixth thing considerable in our Reflector is his Defence of the Dispensing Power and the use His Majesty seduc'd by his Evil Councellors makes of it which is no other than the setting aside of all our Laws made for the Security of the Protestant Religion but sure such a Prerogative can never be legally vested in the Crown which if admitted were the destruction of all Law. Had those Evil Counsellors only prevailed with his Majesty to have dispensed with the Penalties inflicted on Catholicks and other Dissenters for serving of God according to their particular Consciences though perhaps contrary to Law the matter had never been complained of But to put them into Places of the highest Trust to make one Lieutenant of Ireland another President of the Council a third Lieutenenant General of the Tower a fourth a Judg imploying numbers of them in the Army Court c. is a Transgression of the Law which is certainly very dangerous if not immediately yet inevitable in its Consequences to the Protestant Religion and Government and therefore a Mischief remote only as an Egg is from a Chicken from the worthy Reflector's Malum in se which he acknowledges this Dispensing Power extends not to And the particular Catholicks breaking the Law in these Points are without Excuse For no Man is obliged in Conscience to be a Judg a Priest a Minister a Privy-Councellor a Courtier or a Souldier in time of Peace contrary to the Laws of the Land. Nor do those Laws deprive the King of the Service of any of his Subjects absolutely since all Men if they please may capacitate themselves for Imployment If the High-Commission-Court be at an end Magdalen-Colledge and the Bishop of London restored we may in all appearance thank the Honesty and Caution of some of its worthy Members and the Noise of what our Reflector calls the Prince of Orange's Invasion though some will say a Descent upon England made by a Prince of the Blood Married to the Eldest Daughter of the present King upon the Invitation of many Lords both Spiritual and Temporal and of the considerable Gentry Commonalty of all Counties might have deserved a fairer Name Nor ought any Man to complain if his honest Neighbour break violently into his House at a time when his Family cry out Fire or Murther the common Obligation of Humanity and a due care of their own Preservation exact no less of them But this Paper is not intended for a Vindication of the Prince I will therefore return to my Reflector again who undertakes for all good Protestants that they only refus'd to repeal the Test by reason of the Security it affords to their Religion As if they had cast off all care of their Civil Concerns and were only intent upon Religious Affairs so as to consent to give his Majesty a Majority of Papists in the House of Lords by which he might have two Negative Voices upon all Laws to be offer'd and an House of Pears ready to repeal the Habeas Corpus Bill and such Statutes as any ways seem to incumber what Papists think his Majesties Prerogative of which they maintain the Dispensing Power to be an Essential Part and well they may since it is the very Power by which he maintains them in Places and Imployments So that by leave of my worthy Reflector the Considerations of Religion tho they are the principal are not the only Reasons that have determined all good Protestants to a Non-concurrence with his Majesty in the Repeal of the Test. 8. In his eighth Reflection he tells us That Chappels are places of Devotion so are Turks Mosques and the Iews Synagogues yet no good Christian but would be offended to see them multiply'd and encouraged either in his own or his Neighbours Country 9. In his ninth he tells us The King was content the Test should remain I answer These Evil Counsellors were not content the Test should remain but sent their Regulators and other Agents to threaten promise remove and change the Magistrates in all Corporations in order to the procuring Members of Parliament such as were to enter the House under solemn Promises and firm Resolutions to take off the Penal Laws and Test notwithstanding all the weighty nay convincing Arguments they might meet with there to the contrary A desperate sort of Senators and fitter for Catalines Conspiracies than an English Parliament Nor did these Evil Counsellors cease to sollicit even Knights of the Shire till
sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. The hard Case of Protestant Subjects under the Dominion of a Popish Prince A Prince putting himself and his Dominions under the Authority of the Pope and admitting as he must unavoidably the Laws and Decrees of the Romish Church all his Protestant Subjects being by the Judgment and Sentence of that Church Hereticks do forthwith lie under the Penalty which those Laws and Constitutions will have inflicted upon Hereticks Heresie being the highest degree of High-Treason called therefore by them Laesae Crimen Majestatis Divinae So the English Protestant must be a Traytor and the worst of Traytors and exposed to the Penalties of High-Treason The Laws and Decrees of the Romish Church against Hereticks Heresie is denounced Infamous and the Heretick must be dealt with as such which is many Penalties in one First Whereby they are deprived of all Nobility Jurisdiction and Dignity and debarred from all Offices and publick Councils Parliaments and others being made uncapable of choosing and being chosen So that it reacheth all sorts of Clergy Laity Noble and Ignoble which is extended to their Children also For they say The Issue of Traytors Civil and Spiritual lose their Nobility And all that owe any Duty to such Infamous Persons are discharged and exempted therefrom as Subjects from their Prince Servants from theâ—r Masters Children from their Parents whom they also may lawfully kill Whereby we may see a little to what condition the Admission of the Papal Authority would reduce us expelling both Nature and Humanity and making the dearest Relatives unnatural and barbarous to one another it would leave no Protestant either Dignity or Authority either Safety or Liberty Nobles are sentenced to Peasants and Peasants to Slaves Secondly Another Penalty to which Hereticks are condemned by their Law is Confiscation of Goods and Estate and this they incur ipso jure ipso facto that is immediately as soon as they shew themselves Hereticks before any legal Sentence have passed For which there is an express Decree in the Canon-Law Bona Haereticorum ipso jure discernemus confiscata We decree the Goods of Hereticks to be confiscate by Sentence of Law. The Effects of this Confiscation wherein they all agree makes the Severity of the Law apparent viz. First All the Profits made of the Estate from the first day of their Guilt is to be refunded Secondly All Alienations by Gift Sale or otherwise before Sentence are null and void and all Contracts for that purpose rescinded Thirdly Children Heirs of Hereticks are deprived of their Portions yea tho they be Papists Whereby it appears that as soon as the Papacy is admitted all Title and Property is lost and extinct among us And therefore we must not think that Pope acted extravagantly who declared That all his Majesty's Territories were his own as forfeited to the Holy See for the Heresie of Prince and People Not only Abby-Lands are in danger who ever possess them but all Estates are forfeited to his Exchequer and legally confiscated All is his own which Protestants in these three Nations have or ever had if he can but meet with a Prince so wise as to help him to catch it whose process follows them beyond their Grave and ruins their Children and Children's Children after them And when they have strip'd the Heretick of his All they provide that no other shall relieve him viz. That none shall receive him into their Houses nor afford him any Help nor shew him any Favour nor give him any Counsel We are here in England zealous for Property and all the reason in the World we should so be But we must bid adieu to this when we once come under the Pope's Authority for as soon as this is admitted all the Protestants in these Nations are Beggars by Lrw viz. by the Laws of that Church which will then be Ours divesting us of all Property and Title to whatever we account our own Thirdly Another Penalty which their Law inflicts on Hereticks is Death which is the Sentence of the Canon-Law and which is so absolute that no Secular Judg can remit and which is the Judgment of all the Doctors Ita docent omnes Doctores And from which Penalty neither Emperors nor Kings themselves are to be freed or exempt And the Death they inflict is burning alive No Death more tolerable or of less exquisite Torture will satisfy the Mercy of that Church The Canon saith thus Decernimus ut vivi in conspectu hominum comburantur We decree that they shall be burnt alive in the sight of the World. So our last Popish Successor Queen Mary practised upon near three hundred Persons without regard either to Age Sex or Quality the Scripture they urge for it is Iohn 15.6 If any one abide not in me Men gather them and cast them into the Fire and they are burnt So that as soon as the Papal Authority is admitted among us all the Protestants in these Nations are dead Men in Law being under a Law that hath sentenced us to be burnt alive and under a Power that hath declared it necessary that no one of us escape with Life Fourthly Where legal Penalties cannot take place by reason of opposite Strength they hold War necessary and lawful to chastise Hereticks For which we might give you divers Authorities but let Cardinal Allen our Country-man suffice who asserts it is not only lawful but necessary His words are these It is clear saith he what People or Persons soever be declared to be opposite to GOD's Church with what Obligation soever either of Kindred Friendship Loyalty or Subjection I be bound unto them I may or rather must take up Arms against them and then must we take them for Hereticks when our lawful Popes adjudg them so to be And which saith Cardinal Pool is a War more holy than that against the Turks Fifthly To destroy them by Massacres is sometimes held more adviseable than to run the hazard of War and which they say is both lawful and meritorious for the rooting out a Pestilent Heresy and the promoting the Roman Interest This set a-foot the Irish Massacre that inhuman bloody Butchery and so much from the Savageness and Cruelty of their Nature as the Doctrines and Principles which directed and encouraged it as also that of Paris than which nothing was more grateful and acceptable to their Popes as their Bulls make manifest and the picturing it in the Pope's Chamber and for which as a most glorious Action Triumphs were made and publick Thanksgivings were returned to God. So in Savoy and elsewhere both in former and latter Times And this was that which the late Conspirators aimed at so fully intending a Massacre Those that escaped a Massacre saith Dugdale must be cut off by the Army And Coleman tells the Internuncio in his Letters That their Design prospered
have heard forfeit all Right either to chuse or be chosen in any Publick Councils And then all Laws which have been made for the Protestants and against the Popish Religion will be null and void as being enacted by an incompetent Authority as being the Acts of Hereticks Kings Lords and Commons who had forfeited all their Rights and Priviledges But Thirdly suppose our Laws were valid as enacted by competent Authority and such good and wholsome Provisions as were those Statutes made by our Popish Ancestors in those Statutes of Provisoes in Edward the I. Edward the III. Time and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions Yet being against the Laws and Canons of Holy Church the Sovereign Authority they will be all superseded For so they determine That when the Canon and the Civil Laws clash one requiring what the other allows not the Church-Law must have the observance and that of the State neglected And Constitutions they say made against the Canons and Decrees of the Roman Biâ—hops are of no moment Their best Authors are positive of it And our own Experience and Histories testify the Truth thereof For how were those good Laws before-mention'd defeated by the Pope's Authority so that there was no effectual Execution thereof till Henry the 8 th's Time as Dr. Burnet tells us And how have the good Laws to suppress and prevent Popery been very much obstructed in their Execution by Popish Influence An Answer to a late Pamphlet Intituled A Short Scheme of the Usurpations of the Crown of England c. THE World may very justly wonder at several Passages in this ill-designed and as ill-writ Pamphlet which the Author has taken the pains to collect from some petty Grubstreet Chronicle Henry II. is call'd an Usurper pag. 4. because he accepted of the Crown of England in his Mothers Life-time tho' by her not opposing his Claim it may very reasonably be concluded that she freely consented to his Promotion as the most effectual means to secure the Crown to her Posterity But we are told That a Crown is no Estate to be made over in Trust If our Author's meaning is that a Crown is an Estate which the Possessor cannot divest himself of by a voluntary Resignation both Reason and a multitulde of Examples in several Ages and â—ations prove that the Principle our Author has laid down is founded on a gross Mistake Therefore if our Author designs to publish any more Schemes of Usurpation let him first inform us what it is and how far it extends lest the World should accuse him of having as notoriously usurped to himself the Title of a Writer as any of our Princes ever did the Crown of England He would perswade his Readers to believe that God punish'd King Edward III. and King Henry V. for their Usurpations with frequent and unexpected Victories in the acquisition of which tho' there was some English Blood shed as it was impossible it should be otherwise yet the Enemies paid an excessive Price for it after the defeat of their great Armies and the Imprisonment of their King they being forced to buy their Peace upon such Terms as our conquering Usurpers pleased to impose Nor did ever any well-wisher to the English Nation deny that these Two Princes were the Glory of their Age and of our British History If I should reckon up all the evident Mistakes and false Inferences in this Libel it would be too tedious since a careless Eye cannot easily overlook them If the Pamphlet finds so undeserved a Reception in the World as to need a Second Impression the Author is desired to add to it this Postscript which being founded on the Principles asserted by him will shew the World that he hath wilfully and perhaps partially forborn to speak of as notorious an Usurper as any that are mentioned in his Scheme Queen Mary the Off-spring of an Incestuous Marriage had no other unquestionable Divine Right to the Crown of England than what was given her by an Act of Parliament made in her Father's Reign and the common Consent of the Nobility and People after the Death of her Brother King Edward VI. whose disposal of the Crown by Letters Patents under the Great Seal being directly contrary to the former Entail of it limited by a higher Authority His Sister the Lady Mary was acknowledged Queen Therefore according to our Author 's abstruse Notions She as well as her Grand-father Henry VII must be reckoned among the Usurpers of the Crown of England Let us now see what success attended her and whether the Nation was happy under her Government As soon as She saw her self fixed in the Throne She imprisoned and deprived several of the Protestant Bishopâ— contrary to the then Establish'd Laws of the Realm She intruded Popish Bishops into the Sees thus declared vacant the small remainder of the Protestant Bishops who had beâ—n called to Parliament by Writ were nevertheless violently thrust out of the Parliament-House for refusing to worship the Mass. The Members of the House of Commons in her First Parliament were chosen by force and threats the Free-holders were hindred by violence from exercising their Right of chusing Representatives false Returns were made and those who were for the Reformed Religion tho' duly elected were by force expelled the House So that we cannot wonder at the Statues made in this pretended Free Parliament which was in every Thing influenced by the Court-Party Shortly after her Marriage with the haughty jealous Spaniard of which She her self felt the ill Consequences was justly disliked by the Nobility and Commonalty Her base Design of setting up a Supposititious Child for Heir to the Crown was not only happily defeated but deservedly exposed to the Censure of the Nation Her Design to erect the Spanish Inquisition in England was disappointed Calais after having belonged to the Crown of Englâ—nd about two hundred and eleven Years and which was gained with great difficulty after eleven Months Siege was in the depth of Winter lost in a Weeks time And quickly after all the English Territories were with small difficulty recovered by the French. We must not forget how exactly She put in practice the base treacherous and destructive Principles of the pretended Catholick Religion in these remarkable Particulars She barbarously used her only Sister the Lady Elizabeth and designed to have taken away her Life for no other Cause but her firm adherence to the Protestant Religion She imprisoned and burnt Arch-Bishop Cranmer who had formerly sheltered her from her Father's Fury She deprived and imprisoned Judg Hales who alone resolutely opposed King Edward the Sixth's Will and preferred Judg Bromley to be Lord Chief Justice though he had without any reluctancy prepared the Letters-Patents for her Exclusion The Inhabitants of Norfolk and Suffolk who were the first that took up Arms for her upon her Promise to permit them the Exercise of their Religion
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
at any time it may serve his Purpose from whose Hands a Soveraign Prince an Uncle and a Father could meet with no better Entertainment However the sense of these Indignities and the just Apprehension of further Attempts against Our Person by them who already endeavoured to murther Our Reputation by infamous Calumnies as if We had been capable of supposing a Prince of Wales which was incomparably more injurious than the destroying of Our Person it Self together with a serious Reflection on a Saying of Our Royal Father of blessed Memory when He was in the like Circumstances That there is little distance between the Prisons and the Graves of Princes which afterwards proved too true in His Case could not but persuade Us to make use of that which the Law of Nature gives to the meanest of Our Subjects of freeing Our selves by all means possible from that unjust Confinement and Restraint And this We did not more for the Security of our own Person then that thereby We might be in a better Capacity of transacting and providing for every thing that may contribute to the Peace and Settlement of Our Kingdoms For as on the one hand no change of Fortune shall ever make Us forget Our Selves so far as to condescend to any thing unbecoming that High and Royal Station in which God Almighty by Right of Succession has placed Us So on the other hand neither the Provocation or Ingratitude of Our own Subjâ—cts nor any other Consideration whatsoever shall ever prevail with Us to make the least step contrary to the true Interest of the English Nation which We ever did and ever must look upon as Our own Our Will and Pleasure thereof is That you of Our Privy Councel take the most effectual care to make these Our Gratious Intentions known to the Lords Spiritual and Temporal in and about Our Cities of London and Westminster to the Lord Mayor and Commons of our City of London and to all Our Subjects in general and to assure them that We desire nothing more than to return and hold a Free Parliament wherein We may have the best Opportunity of undeceiving Our People and shewing the Sincerity of those Protestations We have often made of the preserving the Liberties and Properties of Our Subjects and the Protestant Religion more especially the Church of England as by Law establish'd with such Indulgence for those that dissent from Her as We have always thought Our selves in Justice and Care of the general Welfare of Our People bound to procure for them And in the mean time You of Our Privy Councel who can judg better by being upon the place are to send Us your Advice what is fit to be done by Us towards Our returning and the accomplishing those good Ends. And We do require you in Our Name and by Our Authority to endeavour so to suppress all Tumults and Disorders that the Nation in general and every one of Our Subjects in particular may not receive the least Prejudice from the present Distractions that is possible So not doubting of your Dutiful Obedience to these Our Royal Commands We bid you heartily Farewel Given at St. Germans on Laye the 4 4 Ianuary 1688 9. And of Our Reign the fourth Year By his Majesties Command MELFORT Directed thus To the Lords and Others of our Privy Councel of Our Kingdom of England Some Remarks on the late Kings pretended Letter to the LORDS and Others of his Privy Council IT begins thus My Lords When we saw that it was no longer safe for us to remain within our Kingdom of England c. His Majesty would have given great Satisfaction to the World in discovering where the Danger lay in tarrying here from whom and for what cause He is pleased to say farther We now think fit to let you know that though it has been our constant care since our first Accession to the Crown to govern our People with that Iustice and Moderation as to give if possible no occasion of Complaint c. I do not understand why his Majesty would not let us know these his Gracious Intentions before when they might have done Himself and Us Good. But quid verba audiam cum facta videam to what purpose are Words when we see Facts And as to his Moderation I appeal to the Pope himself or the French King who chiefly blame him for his Rashness and want of Temper and as for his Justice among a thousand publick Instances to the contrary he should remember his discountenancing and turning out of their Employments all such as would not enter into his Idolatrous Worship and comply with his illegal and arbitrary Designs Besides what Justice can Hereticks expect from a Prince who is not only a Papist but wholly devoted to the Order of the Jesuits and values himself for being a Member of those Reverend Cut-throats Yet more particularly upon the late Invasion seeing how the Design was laid and fearing that our People who could not be destroyed but by themselves The Design was to preserve the Nation from falling under the cruel Dominion of the French and to keep our selves from being dragg'd by the Hair of the Head to Mass and from undergoing all those Miseries which those of the same Religion and for the same Cause have endured now lately in France and Savoy To prevent so great a Mischief that is to say destroying our selves and to take away not only all just Causes but even Pretences of Discontent We freely and of our own accord redrest all those things that were set forth as the Causes of that Invasion I appeal to the common Faith of Mankind touching the Insinserity of these Words whether if this Invasion had not been these and worse Grievances had not followed And that we might be informed by the Counsel and Advice of our Subjects themselves which way we might give them a further and full Satisfaction We resolved to meet them in a Free Parliament c. The late Kings of England have been as desirous of a Parliament as Popes of a Free and General Council there being nothing they have more studiously avoided and greatlier feared But the Prince of Orange seeing all the Ends of his Declaration answered the People beginning to be undeceived and returning apace to their ancient Duty and Allegiance resolved by all possible means to prevent the meeting of the Parliament c. How far the Prince of Orange has been from preventing the meeting of a Parliament we need only consult our senses The hurrying us under a Guard from our City of London whose returning Loyalty we could no longer trust and the other Indignities we suffered in the Person of the Earl of Feversham when sent to him by us and in that barbarous Confinement of our own Person we shall not here repeat Do's any Man think the Prince of Orange would have had the same gentle Treatment from the King had he been in like manner under his Power And as to the
proposing to or rather imposing upon the Nation What is it they would be at And what are the Ends they are driving on Are they just and good Are they generous and honorable Or are they not rather such as would undermine the Government both in Church and State and reduce us to a state of Nature wherein the People are at Liberty to agree upon any Government or none at all Plainly they would reduce us to the Dutch or some other foreign Measures which how well soever they may agree with that Country where they are setled and confirmed partly by Custom and partly by the peculiar Necessity of their Affairs can never be well received in England till an Act be passed to abolish Monarchy Episcopacy and all the Fundamental Laws establish'd by Magna Charta and all succeeding Parliaments ever since The Enquixy into the Measures of Submission to the Supreme Authority is a Treatise calculated for the times but surely it is not written according to the Principles and Practice of the Church of England in the time of the renowned Queen Elizabeth I am apt to think that some regard was then had to the Passages which we find in the Scriptures especially the Old Testament relating to the Measures of Submission But these Examples weigh nothing with our Author because they are not for his purpose pag. 5 6. I am also apt to suspect that Queen Elizabeth would not have thanked any Politician for vending this as a certain and fundamental Principle That in all Disputes between Power and Liberty Power must always be proved but Liberty proves it self the one being founded only upon a positive Law and the other upon the Law of Nature pag. 4. She I perswade my self on the contrary would have challenged any such States-man to have prov'd his Liberty as for her Power she would have answered it was ready to prove it self against all who should presume to question it But what 's the meaning of Power being founded only on a positive Law and Liberty upon the Law of Nature Is not a Father's Power founded as he grants upon the Law of Nature and is not all Power even of the greatest Princes as far as it is just and honest and for the Benefit of the Subject derived from this Paternal Authority of the Father over his Son Besides doth not the Law of Nature prescribe the Necessity of putting Power into the Hands of one or more for the Benefit of the whole which otherwise would be in danger of destroying it self by intestine Divisions In short If Liberty be founded upon the Law of Nature so is all just and lawful Power since the end of it is only to regulate our Liberty and in truth to make us more free Liberty in general is a right to use our Faculties according to right Reason and the Law in particular tells us which are those Rules of right Reason by which we must govern our selves And what is Law but the Commands of the Supreme Power where-ever it is lodg'd in the hands of the Prince the Senate or the People or of all of them together ordering what we are to do or avoid under the Sanction of particular Penalties I beg the Learned Author's Pardon for questioning his Measures in my Judgment they are not taken from the English Standard and therefore I hope I may without Offence use my Liberty in refusing them a Right which proves it self till he can prove his Power to impose them The Enquiry into the present State of Affairs is a Discourse which seems by its bold strokes to resemble the former I will say no more of it but this If what he there lays down for a certain Truth be really so then all that follows must be granted as reasonable Deductions from this fundamental Principle but if this be false all that he hath said falls to the Ground for want of a firm and solid Foundation to support it Now the Position which like a first Principle in Mathematicks he takes for granted is this It is certain says he pag. 1. that the reciprocal Duties in Civil Societies are Protection and Allegiance and wheresoever the one fails wholly the other falls with it This is his Doctrine which I have mentioned before but shall now consider a little more particularly 'T is indeed most fit and reasonable that Protection and Allegiance should always go together and accompany one another but that they do not do so is but too plain in the present case of England but doth it follow that because the King is not in a Capacity to protect his Subjects therefore he is no longer to be look'd upon as a King And if he be a King doth not this suppose that he hath some Subjects And if so I would gladly know what kind of Subjects they are who owe no Allegiance But let this Question be rul'd by his own Instance The Duty betwixt Father and Son. Suppose my Father to be so destitute that he cannot and so perverse that he will not protect and sustain me suppose him as churlish as Cain and as poor as Iob yet still he is my Father and I am his Son that is he still retains all that Power which by the Law of Nature a Father ought to have over his Child still the Relation holds betwixt us and whilst it doth so the Father's Faults or Necessities cannot evacuate the Duty of a Son which is founded not in the Fathers good Will or Abilities to defend him though it must be confess'd they are chiefly consider'd but in that fix'd and immutable Relation which God and Nature have establish'd betwixt them not to be dissolv'd but by Death So that if this learned Author will yield as he seems to do that Kingly Power is nothing else but the Paternal consign'd by the common consent of the Fathers of Families to one Person upon such and such Conditions specified in the Contract I cannot see how this Relation betwixt King and Subject can any more be utterly dissolved than that betwixt a Father and his Son. I shall say no more to this Discourse and if what I have already said do offend either against the Principles of Reason or the Law of England I am willing to be corrected and acknowledg my Error There is another little Paper which yet gives such a great stroke to the Government that it ought not to be pass'd over without some Animadversion The Sheet which I mean is that which is call'd Advice before it be too late or A Breviate for the Convention This Paper bespeaks its Author to be of the same Complexion and Principles with him who writ the Word to the Wise and the four Questions debated They do all of them suppose that the Government is fallen to its Centre or Root from whence it sprang that is to the People as the Word to the Wise expresses our present case I know not what can be a more effectual Answer to these Pamphlets and take
without Consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. Iames the 2 d having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretending Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or Questioned in any Court or place out of Parliament That Excessive Bail ought not to be required nor Excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviver of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joint Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God. I A. B. do swear That I do from my Heart Abhor
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books