so well that he doubted not in a little time their Business would be managed to the utter Ruin of the Protestant Party The effecting whereof was so desirable and meritorious that if he had a Sea of Flood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretical Kings he would do it Singleton the Priest affirmed That he would make no more to stab forty Parliament-Men than to eat his Dinner Gerard and Kelley to encourage Prance to kill Sir E. B. G. told him It was no Murther no Sin and that to kill twenty of them was nothing in that case which was both a charitable and meritorious Act. And Grant one of the Massacring Gun-powder Traitors said upon his Execution to one that urged him to repent of that wicked Enterprize That he was so far from counting it a Sin that on the contrary he was confident that that noble Design had so much of Merit in it as would be abundantly enough to make Satisfaction for all the Sins of his whole Life See Everard Digby speaking to the same purpose also the Provincial Garnet did teach the Conspirators the same Catholick Doctrine viz. That the King Nobility Clergy and whole Commonalty of the Realm of England Papists excepted were Hereticks and That all Hereticks were accursed and excommunicated and That no Heretick could be a King but that it was lawful and meritorious to kill him and all other Hereticks within this Realm of England for the advancement and inlargement of the Authority and Jurisdiction of the Pope and for the restoring of the Romish Religion This was that Garnet whom the Papists here honoured as a Pope and kissed his Feeâ— and reverenced his Iudgment as an Oracle and since his Death given him the Honour of Saintship and Martyrdom Dugdale deposed That after they had dispatched the King a Massacre was to follow But surely it may be supposed that the Temper of such a Prince or his Interest would oblige him to forbid or restrain such violent Executions in England Yea but what if his Temper be to comply with such Courses Or his Temper be better Whâ—t if it be over-rul'd What if he be perswaded as other Catholicks are that he must in Conscience proceed thus What if he cannot do otherwise without hazard of his Crown and Life For he is not to hold the Reins of Government alone he will not be allowed to be much more than the Pope's POSTILLION and must look to be dismounted if he act not according to Order The Law tells us That it is not in the Power of any Civil Magistrate to remit the Penalty or abate the Rigour of the Law. Nay if the Prince should plight his Faith by Oath that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects this would signify nothing For they would soon tell him That Contracts made against the Common Law are invalid though conâ—irmed by Oath And That he is not bound to stand to his Promise though he had sworn to it And That Faith is no more to be kept with Hereticks than the Council of Constance would have it So that Protestants are to be burnt as Io. Huss and Ierom of Prague were by that Council though the Emperor had given them his safe Conduâ—t in that Solemn manner which could secure them only as they said from the Civil but not Church-Process which was the greatest For 't is their General Rule That Faith is either not to be given or not kept with Hereticks Therefore saith Simanca That Faith ingaged to Hereticks though confirmed by Oath is in no wise to be performed For saith he if Faith is not to be kept with Tyrants and Pirats and others who kill the Body much less with Hereticks who kill the Souls And that the Oath in favour of them is but Vinculum Iniquitatis A Bond of Iniquity Though Popish Princes the better to promote their Interest and to insnare the Protestant Subjects to get advantage upon them to their Ruin have made large Promises and plighted their Faith to them when they did not intend to keep it As the Emperor to Iohn Huss and Ierom Charles the Ninth of France to his Protestant Subjects before the Massacre the Duke of Savoy to his Protestant Subjects before their designed Ruin and Queen Mary before her burning of them But if there were neither Law nor Conscience to hinder yet in point of Interest he must not shew favour to Hereticks without apparent hazard both of Crown and Life for he forfeits both if he doth The Pope every Year doth not only curse Hereticks but every Favourer of them from which none but himself can absolve Becanus very elegantly tells us If a Prince be a dull Cur and fly not upon Hereticks he is to be beaten out and a keener Dog must be got in his stead Henry the Third and Henry the Fourth were both Assassinated upon this Account because they were suspected to favour Hereticks And are we not told by the Discoverers of the Popish Plot That after they had dispatch'd the King they would depose his Brother also that was to succeed him if he did not answer their Expectations for rooting out the Protestant Religion But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us Not possible if once they secure and settle the Throne for Popery For First They can avoid Parliaments as long as they please and a Government that is more Arbitrary and Violent is more agreeable to their Designs and Principles It being apparent that the English Papists have lost the Spirit of their Ancestors who so well asserted the English Liberties being so generally now fix'd for the Pope's Universal Monarchy sacrificing all to that Roman Moloch being much more his Subjects than the King 's and though Natives by Birth yet are Foreigners as to Government Principle Interest Affection and Design and therefore no Friends to Parliaments as our Experience hath told us But Secondly if their Necessity should require a Parliament there is no question but they may get such a one as will serve their turns For so have every of our former Princes in all the Changes of Religion that have been amongst us As Henry the 8 th when he was both for and against Popery Edward the 6 th when he was wholly Protestant Queen Mary when she was for Burning Alive and Queen Elizabeth when she ran so Counter to her Sister And the Reason is clear that he who has the making of the publick Officers and the Keys of Preferment and Profit influenceth and swayeth Elections and Votes as he pleaseth And by how much the Throne comes to be fix'd in Popery the Protestants must expect to be excluded from both Houses as they have excluded the Papists For as Hereticks and Traitors they as ignominous Persons c. you
some kind of possession of the Kingly Office. Bâ—t after the Judgment made and declared there seems to be no dâ—fference in the consequence and result of the thing between such an extraordinary case of the Cesser of the Royal Dignity and the case of Death or voluntary Resignation or as if the King had been prosest and made himself a Recluse in a Religious House Then it must devolve upon the next Heir her Royal Highness the Princess of Orange As to the pretended Prince of Wales if there had been no Suspicions as to his Birth as there are many violent ones yet his being conveyed into unknown Places by Persons in whom no credit can be reposed and at an Age which exposes him to all manner of Practices and Impostures touching his Person then can there hereafter be no manner of Certainty of him so as to induce the Nation ever to consider any Pretence of that kind These things being considered First Whether will not the declaring her Royal Highness Queen of England as next in Succession be the surest and beâ—t Foundation to begin our Settlement upon rather than upon a groundless Conceit of the Government being devolved to the People and so they to proceed to Elect a King Secondly If that Conceit of devolving to the People be admitted Whether must we not conclude that the Misgovernment of King Iames the Second hath not only determin'd his Roylaty but put a period to the Monarchy it self And then 't is not only a loss as to his Person but to the whole Royal Family Thirdly Whether those Persons that have started this Notion upon pretence of giving the Nation an opportunity of gratifying his Highness the Prince of Orange in proportion to his Merits which it must be acknowledged no Reward can exceed if they were searched to the bottom did not do it rather to undermine this Ancient and Hereditary Monarchy and to give an Advantage to their Republican Principles than out of any Affection and Gratitude to his Highness For if the latter was that they had tâ—e chief respect to would it not be the more proper way to declare her Royal Highness Queen which will immediately put the Nation under a regular Constitution and posture of Government Then it will be capable of expressing its Gratitude to the Prince of Orange in matters touching even the Royal Dignity it self without making such a Stroke upon the Government as the Electing of a King or making any other immediate Alteration in the right of the Monarchy before the Parliament is compleated and constituted in all its parts must amount unto The Heads of the EXPEDIENT proposed by the Court-party to the Parliament at Oxford in lieu of the Bill for excluding the Duke of York I. THAT the Duke of York be banish'd during his Life five hundred Miles from England Scotland and Ireland and the Dominions and Territories to them belonging II. That the whole Government both Ecclesiastical and Civil shall upon the demise of the King be vested in a Regent for such time as the Duke of York shall survive III. That the Regent be the Princess of Orange and in case of her Decease without Issue or with Issue in Minority then the Lady Ann. IV. That if the Duke have a Son educated a Protestant then the said Princesses respectively shall succeed in the Regency during the Minority of such Son and no longer Which obviates an incurable Absurdity in the former Bill of Exclusion V. That the Regent nominate the Privy-Council and they to be or not to be approved in Parliament as shall be judged safest upon directing the drawing up of this intended Act. VI. That notwithstanding these Kingdoms out of respect to the Royal Family and Monarchy it self may be governed by the said Regent in the Name â—nd Stile of Iames the Second c. yet it shall by this intended Act be made Capital for any to take up Arms on his behalf or by a Commission not signed by the said Regent or not granted by lawful Authority derived from and under such Regent or to maintain an Opinion that the retaining the said Name and Stile shall in this case purge the disabilities imposed by this Act or elude the force thereof VII That Commissioners be forthwith sent to the Prince and Princess of Orange to take their Oaths that they will take upon them the execution of this Act and that their Oaths be here recorded VIII That all Officers Civil and Military forthwith take Oaths to observe this Act and so all others from time to time as in the Act for the Test. IX That his Majesty would graciously declare to call a Parliament in Scotland in order to the passing the like Act there and recommend the same and the like to be done in Ireland if thought necessary X. That in case the said Duke shall come into any of these Kingdoms then he shall be ipso facto totally excluded and shall suffer as in the former Bill and the Sovereignty shall be forthwith intirely vested in the Regent upon such his coming into any of these Kingdoms XI That all considerable Papists be banish'd by Name XII That their fraudulent Conveyances be defeated XIII That their Children be educated in the Protestant Religion By these means these three Kingdoms will be united in defence of the Protestant Religion his Majesty's Person and Government and a sure Foundation laid of an effectual League with Holland and consequently with the rest of Christendom in opposition to the growing Greatness of France ☞ 'T was thought fit to reprint this Expedient that the Reader may compare it with the Bill of Exclusion which may be seen at large in the Debates of the House of Commons lately published and judg which was the greatest Evil of the two viz. that which would have set the Duke aside and given him liberty to live where he pleased or that which would have strip'd him of all Power and banish'd him 500 Miles off and left him only the Name of a King. An Excellent Expedient indeed An Account of the irregular Actions of the Papists in the Reign of King James the Second With a Method proposed how to rid the Nation of them By a Person of Quality THE dreadful Revolutions Plots and Conspiracies which have been promoted by the Roman Catholicks in England since the Resormation are of that nature and have caused such fearful Convulsions in our Church and State that it is a great Argument of the Goodness and Providence of God that we have been able to bear so many Shocks and to avoid so many deep Designs as have now twice within the memory of Man brought us to the brinks of Ruin. We must be very impious or very stupid if our last Deliverance has not been able to make us adore the boundless Goodness of God towards us his sinful and unthankful Servants he having defeated the Hopes and totally overthrown the Contrivances of that restless implacable persidious Faction when they seemed
those the Opportunity to retrieve the Credit they have lost by other Mens Faults We were also very apprehensive of the ill Consequences of the dispensing Power especially in the case of Sr. Edward Hales but it seems the Common Council of London are forbid to take the usual Oaths and yet required to act which is an unqualified Capacity We were in hopes we had lost a rude Army but we have found a ruder twenty places cry out of them and Kingstone certainly with great Justice that in two Nights time was two hundred Pounds the worse for them And for Closseting we have got Questioning that they that won't enter into Associations to protect the Prince of Orange without one of our King is to have no Imployment so that if the Prince should take the Crown I am bound to defend him against my own King and my sworn Allegiance though he come in the right of his Crown Believe me my Lords it is the boldest bid that ever Men made I see Forty one was a Fool to Eighty eight and that we Church of England Protestants shall cancel all the Merits of our Fathers overthrow the Ground and Consequence of their most exemplary Loyalty to King Charles the first and second render their Death the Death of Fools trample their Memories and Blood under our Feet subject our selves to the just Reproach of the Phanaticks whose Principles and Practices we have outdone even to that King that we forced upon them and by our Example had brought them to live well withal God help us this my Lords makes me say that either we must turn from being Church-of England-Men or steer another course for it is but too plain that Presbytery is leading us out of our ancient way and whether we believe it or no our Church sinks and will more for that is the Interest that suits best with a Dutch Humour and Conjunction and be sure if we are so base to leave our King God will be so just as to leave us and here my Lords I shall leave you with this humble motion that we make an humble Address to his Majesty to return home to us that we may act securely and not go out of the good old way which may intail Misery upon us and our Posterity I should think we have had enough of sending our Princes abroad in that much of the Inconveniency we have lain under since their Restoration has been chiefly owing to it We have driven him where we would not have him go and do what we can to provoke that League we have been afraid of and made a great part of the reason of this strange Alteration in the Kingdom Some tell us it is too late but I cannot comprehend the good sence of such an Objection Is it at any time too late for a King and his People to agree after bloody Battels it has not been thought so in all times and Nations and why it may not be without them I never heard a good reason yet If his going was unreasonable it has hurt him more than us since we may thence hope for the better terms if it was not a Fault to go it will be a great one in us if we can have him home upon good terms and will not for if I may with leave speak it his return is as much our Conveniency as his Advantage The offensive part of Him is gone that is to say the Power of Popery and what remains is our great Interest to keep and improve to our own Benefit and Safety I mean my Lords His undoubted Title and Kingship And whatever some hot Men say that are more governed by private Avarice and Revenge then the publick Good of these Kingdoms I cannot but renew my motion to your Lordships that we may send a Duke an Earl a Viscount and a Baron and two Spiritual Lords to invite his Majesty home upon the Constitution of the Government And my Lords forgive me if I say that if we can but get our Iuries Sheriffs Iudges High Courts of Chancery and Parliaments setled as they ought to be the Army at least reduced the Militia better regulated and a due Liberty of Conscience established to all Protestant Dissenters and so far to Papists only as the Law against Conventicles does admit we may yet be happy and upon these terms my Lords and no other will his Highness the Prince of Orange become truly meritorious with the English Nation Reflections on a Paper called a LORD'S Speech without Doors THIS Noble Lord would have done ingenuously in letting the World know his Name and whether he be a Lord or not for one cannot gather it from his Liberality of casting in a mite at this time when mean People such as Trades-men have more generosity and effectually contributed to the publick Peace and Honour of the Nation And as to his dissenting to some leading Lords on the account of Conscience we are in the dark as to what sort of Conscience his is whether Papist or Phanatick Conscience or indeed whether it be any Conscience at all which makes him differ from some leading Lords for the making of Speeches within or without Doors is no infallible Mark of either But he says He cannot forbear thinking that a greater Reproach can hardly come upon a People than is like to fall on us Protestants Ah good Soul what 's the matter Are the Protestants at length found to be the Firers of â—heir own City or Sr. Edm-B Godfrey and the Earl of Essex's Murtherers c. Why no O it s this unpresidented Vsage of our poor King. A good tender-hearted Jesuit I 'le warrant thee that has entred with Campian into an Holy League and Covenant to destroy all Protestant Kings and Princes unless they become as bigotted to the Society as the poor King was But let me take the Boldness to ask your Honour one Question Is there no time when compassion is due to the Country Religion is the Pretence but some fear a new Master is the thing And is it any wonder if a new Master be desired when the old one will not let me serve him but will destroy me and perhaps himself too this being a clear case and evident to all Orders and Degrees of Men among us We see how feeble a thing Popery is in England and it is I do not doubt your Lordships great Grief that your old Master may not be let in again to strengthen and revive her drooping and almost decayed Spirits But why did not the Prince stop when he heard a Free-Parliament was calling by the Kings Writs where all matters especially of the Prince of Wales might have been considered c. As to a Free-Parliament is it not evident to all the World that the King could not bear it Besides who told his Lordship that his old Master would abide by the Decisions of a Free-Parliament touching the Legitimacy or Spuriousness of his Prince of Wales The Kings Guards were changed and at
us We are to observe that to abdicate an Office always supposes the Consent of him who quits And this he affirms to be the meaning of the Word out of Salust Tully Livy and Grotius But both the Supposal and the Asseveration are false For Consent implies that the Question must be put Whether the Person will Abdicate or no Which never was put to any Abdicator in this World. Upon a forc'd Resignation it has But a forc'd Resignation is no Abdication Certain it is that Abdicare signifies to renounce forgoe or abandon And the Motives to this Abdication are various and generally prevailing upon the Reason of the Person that Abdicates himself according to the Condition of Affairs and the Circumstances he is under And therefore tho a Magistrate may abdicate with the consent of others yet he rarely does it out of a natural Inclination Thus it cannot be imagined that Lentulus one of the Conspirators with Catiline abdicated the Pretorship with the Consent of his own Will for he was one of the most aspiring Men in the Universe but because he found himself so obnoxious that he could hold it no longer Thus Sylla abdicated the Dictatorship out of a Vain-glorious Opinion of Felicity that attended him and to shew that he had such an awe over the Romans that tho he were a Private Person no body durst call him to an Account for the Cruelties he had committed History tells us that Dioclesian abdicated the Empire for madness that he could not have his Will of the Christians How does the Discusser know but that King Iames abdicated the Government because he could not have his Will of the Protestants Charles the V th abdicated the Empire because he found his wonted Good Fortune had left him Bernard Rasfield Bishop of Munster finding himself between two Grindstones the Persecution of the German Priests for going about to deprive them of their Concubines and the Pope's Excommunication if he did it not abdicated his Principality and Biâ—hoprick that he might be at quiet Lastly to shew that Abdication does not always imply Consent Brutus compell'd Tarquinius Collatinus to abdicate the Consulship only because his Praenomen was invisum Civitati And then as for what the Discusser adds out of Grotius That a Neglect or Omission in the Administration of Government is by no means to be interpreted a Renunciation of it there 's no Body censures the late King for any Omission or want of Diligence in the Administration of his Government for he was too diligent indeed and that Diligence was the main Grievance which disgusted the People his Diligence to extirpate the Protestant Religion his Diligence to subvert the Laws and Liberties of the Ringdom and his Diligence to introduce Popery And this Diligence 't is to be fear'd was one of the main Causes of his Abdication Had he omitted more he would have had less reason to have abdicated And therefore it is a Vanity to infer that there can be no Pretence for an Abdication because the Word as he says always that is very rarely or never supposes the Consent of him that quits For that it is not in the Nature of Man to abdicate Empires Kingdoms Wealth and Honours but there must be some compulâ—ive Reason within that moves them to it When Princes find the Times and Constitutions of the Kingdom will not bear their Government when Emperors grow stiff and stark with Age and begin to feel the Lashes of ill-Fortune when Ambitious Aspirers perceive they must take other Measures to compass their Designs then they swallow a self-denying Ordinance and think it convenient to retire from the Cares of the World or out of Harms way The Discusser says We have but two Instances with us which look like an Abdication since the Conquest which are in the Reigns of Edward II. and Richard II. both which were unjustly depos'd by their Subjects 'T is true they were so far from looking like Abdications that they were no Abdications at all For both those Princes being under a strict Confinement it was impossible for them to abdicate unless they could have made their Escapes Therefore they were forc'd Resignations and consequently formal Deposals Nor had the Queen or Henry of Lancaster any cause to declare the Throne Vacant as having already taken care to fill it themselves And whether those Princes would have resign'd or no it would have signified little to them that were by Claim in Possession But the Discusser has overslipp'd one Instance of a Perfect Abdication since the Conquest which the King would have certainly felt to his Cost had not the Pope and the Poictovins been his true Friends and the Case was much the same as at this Time. For the Lords and Barons of the Realm in the Reign of King Iohn having often desired the King to restore them their Ancient Rights and Liberties and finding nothing but Delusions resolve no longer to be abus'd but betake themselves to Arms. The King then lying at Windsor and perceiving himself too weak for the Lords thought it no good way to proceed by Force but rather by Fraud and therefore sends to the Lords that if they would come to Windsor he would grant their Demands Thither the Lords repairing tho in a Military Manner sor they durst not trust the King's Word he saluted them all kindly and promis'd to give them Satisfaction in all they demanded And to that Purpose in a Meadow between Stains and Windsor call'd Running-Mead he freely consented to confirm their former Charters and was content that some Grave Personages should be made choice of to see it confirm'd But the next Day when it was to be done he withdraws himself privately to South-Hampton and thence to the Isle of Wight Where it was concluded that he should send to the Pope acquaint him with the Mutiny of his Lords and require his Holinesses help In the mean time the King lay sculking up and down for three Months together in Corners that no Body knew where to find him or which was worse as some write roving and practising Pyracy upon the Neighbouring Seas Whether the Lords and Barons did in Words declare this to be a Vacancy of the Throne is not material to enquire Perhaps they were not so curious in those Days But what they did in Deeds amounted to the same as if they had done it in Words For perceiving themselves thus eluded they swore upon the Holy Altar to be reveng'd And what Revenge that was likely to have been is easy to conjecture by their swearing Allegiance afterwards to Lewis the French King's Son and bearing Fealty to him till the Death of the King. Whence it may be inferr'd That if a Prince in Hostility with his Subjects deserts his Kingdom upon any Account They who are next to the Government are not to hesitate as King Iohn's Barons did in expectation of the King's Return but immediately to take care of the Common Safety lest they should bring the
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
sometimes even very anciently when upon extraordinary Occasions they met out of Course a Precept an Edict or Sanction is mentioned to have issued from the King But the times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those Days because it was altogether needless Secondly The Succession to the Crown did not in those Days nor till of late Years run in a course of lineal Succession by right of Inheritance But upon the Death of a Prince those Persons of the Realm that composed the then Parliament assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for electing of Kings Now such Assemblies could not be summon'd by any King and yet in Conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his elder Brother being then in the Holy Land Henry the youngest Son of King William the first procur'd an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some Oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head which being done a Confirmation of the English Liberties pass'd the Royal Assent in that Assembly the same in Substance though not so large as King Iohn's and King Henry the thirds Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was elected and Mawd the Express put by though not without some Stain of Perfidiousness upon all those and Stephen himself especially who had sworn in her Father's Life-time to acknowledg her for their Sovereign after his Decease Fifthly In King Richard the firsts time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl Iohn the King's Brother to treat of the great and weighty Affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl Iohn And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without him Sixthly When King Henry the 3 d. died his eldest Son Prince Edward was then in the Holy Land and came not home till within the third Year of his Reign yet immediately upon the Father's Death all the Prelates and Nobles and four Knights for every Shire and four Burgesses for every Borough assembled together in a great Council and setled the Government till the King should return made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all publick Business whatsoever without a new Election they having as great Authority as the People of England can delegate to their Representative II. The Acts of Parliaments not formal nor legal in all their Circumstances are yet binding to the Nation so long as they continue in force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was annull'd 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and Attainders thereupon were repealed in a Parliament held Anno 21. of that King which Parliament was procur'd by forc'd Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Parliament and those Persons were by the King's Writs to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this Day Fourthly Queen Mary's Parliament that restored the Pope's Supremacy was notoriously known to be pack'd insomuch that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential Considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this Day The Reason of all this is Because no inferior Courts have Authority to judg of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a Colour of Parliamentary Authority The Acts of such Assemblies being entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illeâ—â—lities c. of one another The Parliament that call'd in King Charles the second was not assembled by the King 's Writ and yet they made Acts and the Royal Assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever