away the Foundation upon which they argue than that Maxim in our Law received by all honest and learned Lawyers The King of England never dies For if so how is the Government laps'd And if it be not laps'd how can the Throne be said to be vacant And if the Throne be not vacant we are still a Body Politick consisting of Head and Members though much distemper'd and out of order by reason of the Infirmities of the Head. We still live tho we are not in good Health and our Case doth not require the Sexton to make our Grave but calls for the Physician to apply proper Remedies to cure our Disease If the King can dye 't is such a defect in our Government as doth strangely disparage it and further supposes that which hitherto we are all to learn the Crown is not Successive Now if it be successive it cannot be disposed of by the Will of the People but only by the Will of God who in that very moment calls the lawful Heir to the Crown wherein he is pleased to put a Period to the Life of his Predecessor If he be said that the Voice of the People is the Voice of God I believe that should this be granted it will not do their Business for I doubt not but that if the Pole was taken and the Question put to all People who are of Years of Discretion the Answer would be That they have still a King and that they are as willing to keep him as they are desirous to exclude Popery for ever that which hath made both him and them so unhappy This I do not much question would be the Answer if we should appeal to the sense of the People in general who yet if the Government be fallen to them must be allowed to have a right of Suffrage and a Liberty to speak their Minds as freely as other Commoners in this great Convention Further still If the King never dies by our Law how can he be lawfully depos'd For by Deposition the Throne necessarily becomes void for some time There must be some Interstice some space of time before they who depos'd a King can set up another and till the King in Designation be actually invested with the Regal Office there must of Necessity be an Interregnum that is The King contrary to the Mind of our Law may dye The Government of England always supposes a Monarch regulated by Law and therefore 't is presumed that he can do no wrong that is though he may err as well as other Mortals yet the Law of which he is the Guardian brings no Accusation against him but only against his evil Ministers If therefore the King hath err'd as doubtless he hath very much in God's Name let his Ministers be called to an account but why must the Government be dissolved and the King arraign'd condemn'd and depos'd to make way for any new Scheme of Government whatsoever whether French Italian or Dutch Our History indeed affords two Examples since William the First 's time that of Edward the Second and the other of Richard the Second but they did both of them actually resign and besides what they did or was done to them ought to preclude the right of no succeeding Prince These Examples ought no more to be urged than the stabbing King Henry the Fourth of France or the murthering King CHARLES the First of England The Historian in the Life of Richard the Second gives no very good Character of that Parliament which pass'd the Vote for this Deposition The Noblemen says he partly corrupted by Favour partly aw'd by Fear gave their Voices and the Commons commonly are like a Flock of Cranes as the first fly all the Followers do the like Continuat Dan. Hist. p. 46. Let it be here observed that I do not dispute whether the King together with his Parliament may not regulate and entail the Succession as shall by them be thought fit but only whether whilst the King lives whether the Throne can be vacant and the Government be truly said to be laps'd This we deny But however supposing that these things may be so who can make so fair a Claim and so generally satisfactory to the People as the next Heir by Proximity of Blood I mean if the Prince of Wales be proved supposititious that incomparable Lady the Princess of Orange These Reflections I have thought fit to make upon some new Notions of our present States-men by which we guess what they would be at In my Opinion I think it is but too evident that they are taking Advantage of our present Fears and Distractions to run us into those Extremes which the State as well as the Church of England hath always carefully avoided and taken particular care to provide against 4. In this Design can we in Honour and Conscience go along with them whom yet we cannot but highly esteem and value for their Learning and Parts and more especially for their happy and successful Labours in rescuing us from those gross Corruptions of Christian Religion and human Nature Popery and Slavery But shall we run into Popery and perhaps Slavery too when we have been so long striâ—ing against both and are now Thanks be to God in a great measure freed from the Danger of either And is not the Deposing a Popish Doctrine And is it not as Antichristian for any Assembly to put it into Practice as it was for the Council of Lateran at first to establish it And as for Slavery must not a standing Army be necessarily kept up to maintain a Title founded only upon the consent of the fickle and uncertain People granting that the major part of them are willing And in such a case must we not be beholden to the Goodness of the Prince rather than the Protection of our Laws if an Arbitrary and Despotick Power be not again introduced We have as yet no Law which wholly disables and excludes a Popish Successor from the Throne and till we have one which I question not but we shall have soon I do not see how we can disanul the King's Title or vacate his Regal Capacity howsoever his Power may be restrained Innovations without former Precedent are always dangerous especially those of this Nature It will be much more wise as well as safe to bear with some Inconveniencies than bring upon our selves those Mischiefs which such unparallel'd Proceedings may produce The Prince of Orange in his additional Declaration hath these Words We are confident that no Persons can have such hard Thoughts of us as to imagine that we have any other Design in this Undertaking than to procure a Settlement of the Religion and of the Liberties and Properties of the Subjects upon so sure a Foundation that there may be no danger of the Nations relapsing into the like Miseries at any time hereafter How far some Persons may extend this Clause that there may be no Danger of the Nations relapsing into the like Miseries
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
with Hereticks do watch for all Advantages and Opportunities to destroy them being commanded thereunto by their Councils and the principles of their Church and instigated by their Priests The History of the several Wars of the Barons of England in the Reigns of King Iohn Henry the Third Edward the Second and Richard the Second in Defence of their Liberties and for redressing the many Grievances under which the Kingdom groaâ—'d is a full representation of the Infidelity and Treachery of those Kings and of the Invalidity of Treaties with them how many Grants Amendments and fair Promises had they from those Princes and yet afterwards how many Ambuscades and Snares were laid to destroy those glorious Patriots of Liberty what Violations of Compacts and Agreements and what havock was made upon all Advantages and Opportunities that those false Kings could take Read their Histories in our several Chronicles FINIS A FOURTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. The Prince of Orange's first Declaration from the Hague Octob. 10. 1688. With his Highnesses Additional Declaration from the Hague Octob. 24. 88. Corrected by the Original Copy printed there II. The Bishop of Rochester's Letter to the Ecclesiastical Commissioners III. The Prince of Orange's Speech to the Gentlemen of Somersetshire and Dorsetshire coming to joyn his Highness at Exeter Nov. 15. 88. IV. A true Copy of a Paper delivered by the Earl of Devonshire to the Mayor of Darby Nov. 20. 1688. V. An Address of the Mayor c. of Lyn-Regis in Norfolk to the Duke of Norfolk And the Duke's Answer Decemb. 6. 88. VI. A Declaration of the Lords Spiritual and Temporal in and about the City assembled at Guild hall Decemb. 11. 1688. VII A Paper delivered to the Prince of Orange by the Commissioners sent by his Majesty VIII The King's Letter to the Earl of Feversham on his Majesties leaving White-hall with the Earl's Answer IX A Declaration of the Prince of Orange to the Commanders in Chief of the Dispersed Regiments Troops and Companies to keep them together in Order X. An Address of the Lieutenancy of London to the Pr. of Orange XI An Address of the Lord Mayor Aldermen and Common-Council of London to the Prince of Orange XII A Speech of Sir G. Treby on delivery of the City Address Licensed and Entred according to Order London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. THE DECLARATION Of His HIGHNESS VVilliam Henry By the Grace of God PRINCE of ORANGE c. Of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland IT is both certain and evident to all Men that the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them and to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact observation and maintenance of these their Laws Liberties and Customs Upon these Grounds it is that we cannot any longer forbear to declare That to our great regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all Things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in an open and undisguised manner Those Evil Counsellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the King 's Dispensing Power by virtue of which they pretend that according to Law he can Suspend and Dispense with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendred those Laws of no effect Though there is nothing more certain than that as no Laws can be made but by the joint concurrence of King and Parliament so likewise Laws so enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority For though the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony Unless it is pretended that he is clothed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them Those Evil Counsellors in order to the giving some credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their Rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who made open profession of the Popish Religion though those are by Law rendred incapable of all such Employments It is also manifest and notorious that as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition though he made then
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
and Setled in the Kingdom by the General Election of the People and in his Life-time the Nation was Sworn to the Succession of Edward the First before he went to the Holy Land. Edward the First being out of England by the Consent of Lords and Commons was declared King. Edward the Second being misled and relying too much upon his Favourites was Deposed and his Son was declared King in his Life-time Richard the Second for his evil Government had the Fate of the Second Edward Henry the Fourth came in by Election of the People to whom Succeeded Henry the Fifth and Henry the Sixth in whose time Richard Duke of York claimed the Crown and an Act of Parliament was made that Henry the Sixth should enjoy the Crown for his Life and the said Duke after him after which King Henry raises an Army by Assistance of the Queen and Prince and at Wakefield in Battel kills the Duke for which 1 Ed. 4. they were all by Act of Parliament Attainted of Treason and one principal Reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had killed him Edward the Fourth enters the Stage and leaves Ed. 5. to Succeed to whom Succeeds Richard the Third Confirmed King by Act of Parliament upon Two Reasons First That by reason of a Precontract of Edward the Fourth Edward the Fifth his Eldest Son and all his other Children were Bastards Secondly For that the Son of the Duke of Clarence second Brother to Edward the Fourth had no Right because the Duke was Attainted of Treason by a Parliament of Ed. the 4 th Henry the Seventh comes in but had no Title First Because Edward the Fourth's Daughter was then living Secondly His own Mother the Countess of Richmond was then living After him Henry the Eighth wore the Crown who could have no Title by the Father in his time the Succession of the Crown was Limitted several times and the whole Nation Sworn to the Observance Sir Thomas Moor declared That the Parliament had a Power to bind the Succession which was declared to be Law by 13 Eliz. cap. 1. and made a Praemunire to hold the contrary Edward the Sixth succeeded but his Mother was married to King Henry while Ann of Cleve his Wife was living Queen Mary was declared a Bastard and by Vertue of an Act of Parliament of Henry the Eighth she Succeeded which Act being Repealed in the First of her Reign and the Crown being Limitted otherwise by Parliament all the Limitations of the Crown in King Henry the Eighth's Reign were avoided so that Queen Elizabeth who was declared a Bastard by Act of Parliament in Henry the Eighth's time and limitted to Succeed in another Act in his time and that Act repealed by Queen Mary became Queen in the force of her own Act of Parliament which declares her Lawful Queen The Crown was Entail'd in Richard the Second's time again in the time of Henry the Fourth again in the time of Henry the Sixth again in the time of Edward the Fourth again in the time of Richard the Third again in the time of Henry the Seventh Thrice in the time of Henry the Eighth And upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be Begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries the Articles of Marriage to this purpose were Confirmed by Act of Parliament and the Pope's Bull. So that it was agreed by the States of both Kingdoms and the Low-Countries and therefore probably the Universal Opinion of the Great Men of that Age That Kings and Sovereign Princes with the Consent of their States had a Power to Alter and Bind the Succession of the Crown and never denied to be Law till the Reign of King Charles the Second True it is that this Doctrine doth not go down well with those that do pretend to Prerogative added as they say by the Act of Recognition made to King Iames and the Oaths of Supremacy and Allegiance which do make so much talk conceâ—ning Inheritance and Heirs But let these Gentlemen consider that the Act of Recognition made no Law for the future nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the Course of the Common-Law for after-Ages Nor do the Oaths of Allegiance and Supremacy hold forth any such Obligation unto Heiâ—s otherwise than as supposing them to be Successors and in that Relation only And therefore was no such Allegiance due to Edward the Sixth Queen Mary or Queen Elizabeth until they were actually possest of the Crown as may appear by the Oath forced by the Statute of H. 8. touching their Succession Nor did the Law suppose any Treason could be acted against the Heirs of Ed. 6. Queen Mary or Queen Eliz. until these Heirs were actually possest of the Crown and so were Kings and Queens as by the express words in the several Statutes do appear Nor did the Recognition by the Parliament made to Queen Elizabeth declare any engagement to the People to assist and defend Her and the Heirs of Her Body otherwise than with this Limitation being Kings and Queens of this Realm as by the Statute in that behalf made doth appear Moreover had these Oaths been otherwise understood the Crown had by virtue of them been preingaged so as it could never have Descended to Queen Mary Queen Elizabeth or King Iames but must have remained to the Heirs of Edward the Sixth for ever A Narrative of the Miseries of New-England by reason of an Arbitrary Government Erected there THat a Colony so considerable as New-England is should be discouraged is not for the Honour and Interest of the English Nation in as much as the People there are generally Sober Industrious Well-Disciplin'd and apt for Martial Affairs so that he that is Sovereign of New-England may by means thereof when he pleaseth be Emperor of America Nevertheless the whole English Interest in that Territory has been of late in apparent danger of being lost and ruined and the Miseries of that People by an Arbitrary Government erected amongst them have been beyond Expression great The original of all which has been the Quo Warranto's issued out against their Charâ—ers by means whereof they have been deprived of their ancient Rights and Priviledges As for the Massachusets Colony whose Patent beareth date from the Year 1628. There was in the Year 1683 a Quo Warranto and after that in the Year 1684 a Writ of Scire Facias against them and they were required to make their appearance at Westminster in October which they knew nothing of till the month before so that it was impossible for them to answer at the time appointed yet Judgment was entred against them Plimouth Colony
in the case of the Lawful Heirs whom every good Englishman and Protestant to their utmost Danger and Peril are ready to defend and maintain to take such Measures for our future Security and lawful Establishment as shall not by any Humane Art or Endeavour be liable to Interruption But as Precedents are least satisfactory or least confronting to obstinate Opposers where they make only for one party A Popish Sigismund deposed for Male-Administration in a Protestant Kingdom may not perhaps be allowed to carry its sufficient Justification with the Romanists and therefore the Tables ought to be turn'd and the Ballance made by Parallels of their own side the most prudent way of combating and securing a Victory in this matter being to lay the Scene of War in the Enemies Country To confute therefore and silence all the Romish Pretensions of Disgust and Murmur against the Injustice of such a Deprivation from Examples of Popish Deposals of Male-administring Protestants we 'll begin with Henry of Navarre afterwards Henry the Fourth of France The famous Holy League enter'd into by the Pope himself and so many potent Allies together with all the Romish Subjects of Franâ—e against that undoubted Heir of the Crown of France and at that time by succession the rightful King is so notoriously known to the World that all the tedious Particulars of the History would be impertinent Let it suffice here was a Prince the unquestion'd Inheritor of the Crown of France actually by all Open and Hostile Means and all such Hostility avowed and abetted and his very Birth-right fore-closed by the Pope himself opposed and denied his Accession to the Throne for no other Unqualifications but be a Hugonot that is of a Perswasion contrary to the Establish'd and Regnant Romish Religion in France being in all other Respects acknowledged a most excellent Prince Insomuch that after all other ineffectual Endeavours of recovering his Birth-right he had no means left to repeal his Exclusion and Debarment from the Throne but by his Abjuration of the Reformed Religion and return to the Romish Worship This Case of Henry the Fourth instead of a Parallel to ours does not come up to half the Justification of the present Measures of England For here was a Soveraign Prince under Deprivation for no other Default but his meer Religion for this Henry the Fourth being then but in his Entrance to the Empire if truly that was consequently yet at least whatever they might fear under no Dilemmas of the least breach of Compact with his People no Forfeitures for Male-Administration or Violation of the Laws of the Land or Rights of his Subjects their Dangers as then being only Apprehensions If therefore the meer private Opinion of a Crowned Head different from the Establish'd Religion of the Land has been of weight enough it self alone in their own Scales to oversway the Birth-Right of Princes and make a Bar to Empire and that too so solemnly confirmed and ratified even by the Sanction Apostolick the Decretals of Rome it self What Objections or Allegations can our Romish Disputants whether Foreign or Domestick make against the like Bar in Empire after so notorious an actual Male-Administration in the present Case of England such too visible Ruptures of the Laws of the Land and in defiance of all Obligations of Engagements Covenant Word Honour or OATHS themselves The next Example I shall point them to is that of the late Portuguese King who by the Ordinance of the States of Portugal ratified by the Pope's Assent was dethroned and his Brother invested with the Soveraignty and not only that but his Queen too taken from him Divorced and by a Dispensation married to his Brother The Grounds of this Deposal being only this that the King was sometimes taken with Delirious Fits. If such a Personal Infirmity was ground sufficient to displace the Crown Have not the Peopâ—e or Community of England in Convention asseâ—bled as much Right on their Side for the Deposal of a King for a far greater Infirmity of the two a more violent Madness his loâ—g tried and radicated Incapacity of being held either by the Bonds or Ties of Honour Laws or Oaths There being this infinite Difference between the Outrages of the one and the other as that a Prince so bigotted resolved for the Introduction right or wrong of his own Religion is the more Dangerous Frantick For his Superstitious Frency may push him to Violences that will hurt whole Nations whereas the Outrages of the other can be only Personal And if the Hands of the Lunatick Portuguese were thought Just to be tied up with no less Shackles than taking both his Kingdom and Queen away from him who shall Arraign the Wisdom of the English for depriving their King of his Kingdom much good may do him with his Queen under an infinite larger Capacity and more dangerous propensity to Mischief And for so doing what Warrant shall they want when the present unforced Desertion of the King and quitting the Helm has put the Power of Decision in that Point into their own Hands and lost him all Right of Appeal against the Alienation I shall venter to add one last Consideration viz. The Bull of Pope Pius Quintus against Queen Elizabeth by which the Pope deprives her of all Title to the Imperial Crown and all Dominion Dignity and Priviledg whatever declaring that all the Nobility Subjects and People of England and all others which have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience c. and all forbidden to obey her or her Motions Mandates or Laws upon pain of Anathema Vide Bishop of Lincoln's Brutum Fulmen p. 6. I recite this unjust Deposal of a Lawful Queen by the pretended Authority of the Pope no other than to let the World know that the Romish Party have the least Reason in Nature to complain of the Deprivation of Princes They whose Infallible Guides can so insolently and arbitrarily place or displace Crown'd Heads not to mention the Illegality of the Pope's Interposition in the Affair in any kind for only acting by Law in Matters of Religious Changes for such were all Ecclesiastick Alterations of that Queen by the unquestion'd Authority of Acts of Parliament can be but ill furnish'd with Arguments against the present Deprivation enacted by the whole Community of England for such violent Measures and Foundations already form'd and begun for the subversion of Church and State against all Law. Reasons humbly offer'd for placing his Highness the Prince of Orange singly in the Throne during his Life I. IT will be a clear Assertion of the Peoples Right Firm Evidence of a Contract Broken and a sure Precedent to all Ages when after a most Solemn Debate the Estates of England Declare That the King having Abdicated the Government and the Throne thereby Legally Vacant They think fit to Fill it again with One who is
If the dissatisfied Party accuse the Convention for making the Prince of Orange King it is not my Duty to judge those above me therefore I shall only say that if they have done ill Quod fieri non debuit factum valet aâ—d they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS The TWELFTH and Last Collection of Papers VOL. I. Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. The Secret League with France proved II. The Reasons why the late King Iames would not stand to a Free and Legal Parliament III. The Reason of the Suddenness of the Change in England IV. The Judgment of the Court of France concerning the Misgovernment of King Iames the Second V. The Emperor of Germany his Account of the late King's Unhappiness in joining with the King of France VI. A full Relation of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England c. VII The Declaration of the Lords Spiritual and Temporal and Commons of England concerning their Grievances presented to King William and Queen Mary With their Malesties Answer VIII The Declaration of the States of Scotland concerning their Grievances IX The Manner of Proclaiming King William and Queen Mary at Whitehal and in the City of London Feb. 13. 1688. X. An Account of their Coronation at Westminster Apr. 11. 89. XI The Scots Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland XII The manner of their taking the Scotish Coronation Oath at Whitehal May 11. XIII The Coronation Oaths of England and Scotland London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. The Secret League with France proved 1. BY the Treaty managed by the Dutchess of Orleans between Charles II. her Brother and Lewis XIV 1670 published by the Abbot Primi in his History of the War with Holland with the priviledg of the French King This Treaty expresly tells us That the French King did promise Charles II to subject his Parliament to him and to Establish the Romish Religion in his Kingdom But before this could be done the said Dutchess told him the Haughtiness and Power of the Hollander must be brought down 2. By the Current of the Design throughout all Coleman's Letters which contain nothing else but the Conspiracy of the Duke of York and the Jesuits against the Government and the Protestant Religion For you know says he in his Letter to Sir W. Throgmorton Feb. 1. 1674 5. when the Duke the late King Iames comes to be Master of our Affairs the King of France will have reason to promise himself all things that he can desire c. Both he and the two Royal Brothers being closly joined together to destroy the Northern Heresy as he in his Letter to Monsieur La Cheese assures us 3. Which Friendship with the French Court is further confirmed by a French Author who wrote the Life of Turene in which he brings in the Duke of York lamenting the Death of that great Marshal of France after this manner Alas says the Duke the loss is great to me in that I am greatly disappointed in those great Designs I have been long meditating upon if ever I come to the Crown of England For the sake of which Passage the then Secretary of State of England forbad the printing of that Book which was then translated and prepared for the Press 4. The French Ambassador at the Hague in a Memorial to the States General Sept. 9. 1618 peremptorily declares there was such an Alliance between the King his Master and King Iames II as to oblige him to succour him c. 5. Both King Charles II and King Iames II were so engaged with the great Nimrod of Francâ— that â—hough several Parliaments of England strugled hard to break the Friendship and gave a vast Sum of Mony in order thereunto yet all in vain And King Iames II was so eager to follow the French Measures that after the Defeat of Monmouth he declared to the Parliament that for the time to come he would make use of Popish Officers as well as keep up a standing Army contrary to Law. 6. We have had sufficient Evidences of his Designs by the care he took to fill his Army with Irish Papists at the same time that he disbanded all the Protestants that served him in Ireland that he might always have an Army at hand in that Kingdom ready to promote his Popish Designs in England which could not be done without a Secret League with France and without a very express assurance of being vigorously supported from thence when the nick of time should come 7. His flying to France and secret conspiring with the great Leviâ—tâ—an there and bringing French Aids with him into Ireland are no other than the putting the Secret League into Execution Many more Proofs may be produced but what has been said may convince any rational unprejudiced Protestant As for those Pharisees that wilfully shut their Eyes of whom we may say That seeing they see and do not peeceive because they are resolved not to yield to the most convincing Evidences that this Affair is capable of for the Parties concerned will hide it as much as they can I bewail their Condition and believe they are so obstinate that only the French Dragoons those booted Apostles can convince them when they come with the League in their Hands to put the Popish Penal Laws in Execution on their Backs from Neâ—gaâ—e to Tybâ—â—n The REASONS why the late K. James would not stand to a Free and Legal Parliament proposed to those that are fond to have him again WHEN the Prince of Orange now our Gracious King his Glorious Expedition was first made known to the late King he resolved to have a Parliament upon the Belief that he should have been intirely Master of the Lower House by Reason of the Regulations he had made in Corporations in order to his Popish Designs But when he was forced to take other Measures as he told the Dissenters when he sent for them in the time of his Distress in restoring the Charters the Bishop of London the Fellows of Magdalen-Colledg c. He dreaded nothing more than a Parliament on the old Foundations to which the Prince in his Declaration had referred all for he knew several things would have been done by such a Parliament that he chose rather to perish than submit to 1. The first thing is The Examination of the Birth of the Prince of Wales as he is call'd the questioning of which was a Stab at his Heart as appears by his last Letter And the Reflections on the Bishops Petition mentioning That as a Business not fit to be referred then to a Parliament 2. The next thing was That Justice would certainly have been demanded against the Evil