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A40488 A friendly debate between Dr. Kingsman, a dissatisfied clergy-man, and Gratianus Trimmer, a neighbour minister concerning the late thanksgiving-day, the Prince's desent [sic] into England, the nobility and gentries joining with him, the acts of the honourable convention, the nature of our English government, the secret league with France, the oaths of allegiance and supremacy, &c. : with some considerations on Bishop Sanderson and Dr. Falkner about monarchy, oaths, &c. ... / by a minister of the Church of England. Kingsman, Dr.; Minister of the Church of England.; Trimmer, Gratianus. 1689 (1689) Wing F2218; ESTC R18348 69,303 83

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time grow weary of the Theocracy God's Government over them and desire to be governed like other Nations yet that King that should govern them was to be bound to observe the Law in the Statute-Book of God Deut. 17. from the 15th to the 20th Verse No one Man since the Fall was Wise or Righteous or Powerful enough to have the absolute and Arbitrary Rule of any people And I suppose Tyranny is not an Ordinance of God but a Corruption of Government K. But consider what the learned judicious and Excellent Writer of our Church Bp. Saunderson considered Bishop Saunderson saith of this Preface before Arch-Bishop Usher's Treatise of Power communicated by God to the Prince Sect. 12. T. I have considered it and have wondred to read these words True it is that for more ease of Governours and better satisfaction of the People in securing their Properties preserving Peace among them and doing Justice the absolute and unlimited Soveraignty which Princes have by the Ordinance of God hath at all Times and in all Nations been diversly limitted and bounded in the ordinary Exercise thereof by such Laws and Customs as the Supreme Governours themselves have consented unto and allowed As with us in England c. Now Doctor with all due respect to you and that great Writer I offer you these Reflections 1. He affirms that the absolute and unlimited Soveraignty which Princes have by the Ordinance of God c. if they have an unlimited Soveraignty which I acknowledge they must needs have if it be absolute by the Ordinance of God how dare they consent to limit it which is to change the Ordinance of God Soveraignty of the King of England limited 2. As in England c. then I say the Soveraignty of the King of England is bounded by Laws and Customs and therefore not absolute and unlimited 3. Tho their Soveraignty be limited by their own Consent it is limited after their Consent is given 4. It is limited by their own Consent as all other Statute-Laws are made by their Consent and what they consent to is past by the Consent of the Lords and Commons in Parliament first Sir Orlando Bridgman afterwards Lord Keeper in his charge to the Grand-Jury of Middlesex at the Trial of the Regicides took pains to declare our Government pag. 10. He opens the Power of our Kings from the Titles that are given them in Law-Books and most upon the Title Imperial Crown subject to God and to no other Power What is an Imperial Crown it is that which as to the Coercive part is subject to no Man under God humane Tribunal or Judicature whatsoever pag. 11 12. God forbid I should intend any Absolute Government by this And pag. 68. Yet let me tell you there is that excellent ☜ temperament in our Laws that for all this the King cannot rule but by his Laws pag. 12. Tho this is an absolute Monarchy yet this is so far from infringing the Peoples Rights that the People as to their Properties Liberties and Lives have as great a Priviledge as the King. pag. 13. K. But read further and then you will see that when he saith We have as great Liberties as any People have in Christendom in the World he adds But let us own them where they are due We owe them to the Concessions of our Princes Our Princes have granted them and the King now He in them hath granted them likewise Therefore the King is the Fountain of all the Liberties of the People they are his Gracious Concessions T. That will not help you to infer that the Kings of England are absolute unlimited Soveraigns There are no People in the world give greater honour to their Kings than we of England as the learned Sir Thomas Smith Privy Councellor to Queen Elizabeth and Embassador in France when he wrote his Book De Repub. Anglorum pag. 47. Their way of asking any thing in Parliament tho they have right to the thing is by way of Petitition and as Subjects and do acknowledge all the good Acts to be the Gracious Acts of the King. But there are two sorts of Concessions and Grants 1. Such as are Concessions of meer Grace of such Benefits as the Commons have no right to Claim And 2. There are Concessions of Right and signify no more than the King doth Consent to such Bills as are presented by the Lords and Commons and so all our Rights and Properties secured by Law are Concessions And all those Concessions as Grants and Charters that are more Acts of Grace than some others are are for some publick Benefit and redound to the King's Honour Profit or Service And such Concessions as these flow from Prerogative which Prerogative as all Legal Prerogatives are the King by Law. There are mutual Acts of Kindness between a good King and his Subjects And the Commonwealth is happy when such mutual demonstrations of Love Grace and Duty pass between them But there are Concessions also made to the King by his Subjects in Parliament which the King cannot have but by the free Act of his Subjects as Subsides and Taxes And because the Subjects grant them to the King when they see it reasonable it is manifest I conceive Will you suffer me hence to infer the Parliament is Supreme above the King because they make these Concessions that the People have Rights and Properties and Liberties of their own And many of these they come to by Purchase and not Royal Donations or by an Equivalence of some Bencht to the King. Read if you please the learned Mr Lawson a good Civilian and Politician as well as Divine in his Answer to Hobs c. 8. That learned and ingenious Gentleman Sir Dudley Diggs spake to the Lords in a Conference Anno 1628. Be pleased to Know then that it is an undoubted fundamental point of this so ancient Common Law of which he said Caput inter Nubila condit of England that the Subject hath a true Property in his Goods and Possessions which doth preserve as sacred that Meum and Tuum that is the Nurse of Industry the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper Object Ephemeris Parliamentaris pag. 95. The Petition so much debated in that Parliament was the Petition of Right The King in his Answer to the whole Parliament spake this Golden Sentence And I assure you my Maxim is That the Peoples Liberties strengthen the King's Prerogative and the Kings Prerogative is to defend the Peoples Liberties pag. 204. Here 's enough of this K. The People have Rights But Government being before Property Property doth proceed from the Soveraign who grants and determins it For as Bishop Saunderson asserts Sect. 18. of the Preface It is certain that as soon as Adam was created God gave him to be an Universal Monarch and the Government also of all the inferior World and of all the Men that after
should be born so long as he lived so as whatsoever Property any other person had or could have in any part of the World they held it all of Him. So after the Flood whatsoever Property or Share in the Government over any part of the World any of his Sons had they had it by his sole Allotment and Authority without waiting for Election or Consent or entring into any Articles or Capitulations with the People that were to be governed by them c. T. Is the Argument Good from Adam before the Fall to the Government after the Fall Is the Argument good from Adam the Common Father or Noah a Common Father to the State of the World distinguished and divided in the several Kingdoms and Territories Was Adam's Monarchy Hereditary to his eldest Son next in succession Did Cain succeed him in the Universal Monarchy Or did Cain forfeit Did Adam allot him the land of Nod and so it descended to the next Brother To be brief with you 1. When Soveraign Princes are Nature Fathers and give Portions to their Subject as to their Children then let them be as Great in their Dominions as Adam or as Noah was provided they be kind and righteous as they were 2. The Law then in Being and Force was the Law of Nature which established Property in the 8th Commandment And Judgment which is a Branch of Government or of Civil Power doth suppose Property as its Object or Matter about which it is conversant And there could be no actual Exercise of the judicial Port of Power and Government but there was a Property to be judged of K. How far the King of England is supreme But you cannot but say that the King of England is the onely supreme Governour and Monarch and if a Monarch the Supremacy is in Him alone for a Co-ordination of Power and a mixt Monarchy are absurd contradictory Notions As you may see in the Reverend Bishop Sanderson Sect 14. Preface We are bound by our Oaths of Supremacy and Allegiance to bear Faith and true Allegiance to the King and his Heirs and Successors and to assist and defend all Jurisdictions c. Granted or belonging to him c. I pray read the Oaths And then we are bound by the Oath of the 14. of Charles the second not to take Arms against the King c. upon any pretence whatsoever c. And therefore surely such Actions and Alterations as we know and see of late are utterly unlawful and therefore I cannot joyn in the Thanksgiving for our Deliverance c. T. Sir You put me upon a necessity of speaking what otherwise I should be as unwilling to discourse of as any other Man. But conceiving my self obliged in Conscience and Religion to acknowledge our wonderful Deliverance I shall lay before you what I have learnt in these great matters I know Sir. O. Bridgman did urge the Oaths of Allegiance and Supremacy upon the Regicides and all that took Arms against the King in the Trial of Mr. Scroop pag. 67 68. What is the Oath of Allegiance is it not that you will defend the King his Crown c. against all Persons whatsoever It was not onely against the Pope Vnder favour that word Or otherwise doth there signify some other way or means not named by which the Pope might act against the King. as some would have it but the word is or Otherwise They broke the Oath of Supremacy which was that the King was the supreme Governour c. There is saith he a difference between some Crowns and Imperial Crowns An Imperial Crown is that which was not to be touched by any person We do not speak of the Absolute Power of the King pag. 68. The Reverend Bishop Sanderson builds his strong Tower for defence of the King's Soveraignty upon the words of the Oath of Supremacy That the King's Highness is the onely Supreme Governour of this Realm Sect. 14. The quickest way to bring our discourse to an issue is to lay down what I think very considerable in this matter 1. We acknowledge the King or Queen of England to be the onely supreme Governour within his Dominions But the Kings and Queens of England had no more Power given or attributed to them by these Oaths or the Statutes enjoyning them than they had before these Declarations So Queen Elizabeth declared in her Injunction 1559. Note this An Admonition to simple men deceived by the malitious in the Collection of Doctor Sparrow pag. 81. The Queens Majesty c. would that all her loving Subjects though understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty Allegiance or Bond required by the same Oath than was acknowledged to be due to the most Noble Kings of famous Memory King Henry the 8th or Edward the 6. For certainly her Majesty neither doth nor ever will challenge any Authority than what was challenedg and lately used by the said Noble Kings of famous Memory King Henry the 8th or Edward the 6th which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have the Soveraignty and Rule over all manner of Persons born within these her Realms Dominions and Countreys of what estate either Ecclesiastical or Temporal soever they be so as no other forreign Power shall or ought to have any Superiority over them 2. You heard what Sir Orlando Bridgman understood by that Great Title of Imperial Crown Now take notice of another Interpretation of it from Queen Elizabeth in that Admonition now quoted Imperial Crown That under God and not under the Pope or any foreign Prince or Potentate so as no other foreign Power shall or ought to have any Superiority over them And it is rational to conceive that such as the King or Monarch is So saith Lord Keeper Bridgman in the Book quoted such is his Crown The King of England is not an Absolute King but in contradistinction to all foreign Princes and Powers none of whom hath any power over him he is subject to none therefore the Title of Imperial Crown adds nothing of Real power to the King but a glorious Epithet signifying that he holds not his Crown of any other forreign Prince or Power So is the Monarchy of England described by that famous Counsellour Sir Thomas Smith At the last the Realm of England grew into one Monarchy Neither were any one of those Kings neither he who first had all took any Investiture at the hand of the Emperor of Rome or of any other superior or foreign Prince but held of God to Himself and by his Sword his People and Crown acknowledging no Prince on Earth his superior and so it is kept and holden at this day De Repub. Anglorum c. 9 Sect. I. And when our Writers speak of the Independency of the Kings of England in opposition to the Pope and his Usurpation they speak of
Eyes have been opened to see the tendency of Affairs we can think no less and have good Authority for what we say Godliness and Honesty with Quietness and Peace is the desire of our Souls And Doctor do not Grumble Let not your Eye be Evil because God is Good. What! hate Popery and oppose the King's Declaration and now hanker after your King whom you cannot have without Popery if he were not shut out K. Conscience and Allegiance T. It is well the power of Conscience is at least acknowledged Conscience was Fanaticism a great while and a religious Pretence for Rebellion and the worst of Actions I wish you a well-setled enlightned Conscience And for your Allegiance pay it where it is now due by God's Providence to a Wonder by the Laws of the Land we have God the Laws King Queen and Parliament for us Come down down Doctor soft and fair there are a pair of Stairs from your coming down from you Pinacles who had never got up had you not been better at flying up than orderly Motions and leisurely Ascents Take your share of a happy Peace and be glad you are not forced by an Act of Parliament to renounce your Allegiance to your deceased King as the Non-Cons were to renounce the Covenant Preach Peace and perswade the Gentlemen of the Swear and the Sword to be thankful they came off so well and were not kill'd and damn'd at on Day according to their Atheistical Wishes for God was against them the Prince of Orange was Ordained of God to be Victor and now King. But Sir I perceive your Colour comes I will therefore dismiss you calmly Live in Peace and Love Do the Work and Will of God and so farewel The God of Peace go with you An After-Debate Of the Original Contract P. W. Convention And no Allegiance due to the late King. K. I Am come again to visit you and to shew you something that 's worth your reading and consideration too There are some things for you to chew upon T. You are very welcome to me at all times who desire a fairness and friendship with you and if there be a scuffle of Notions let us labour to prevent the drawing of Blood and bringing in Popery and Misery about our Ears There are a new Sect of Seminaries sculking and haunting up and down sowing their Discontents and ill Nature under the Name of Loyalty and Religion but the best is their Notions are like heated Corn chitted in their Brains that I hope they will not grow nor come up so tall as to hide a Rebel in Well but Sir what have you to shew me K. Here 's and ingenious Paper called The Desertion Discuss'd in a Letter to a Country Gentleman T. I will peruse it and deal with it as I find it or as I am able And though you think me prepossest yet I am as willing to sind out Truth as any of you can be Let us read him together and be pleased to insist upon what you think most material in him K. I think it is all material and well penn'd T. If it be so material I were best leave him to be handled by the Author of the Enquiry into the Present State of Affairs whom he takes into his hands to discuss And if the Bones of his Subject will bear Discussion without breaking or disjointing he will sleep the better in a bad Lodging If any thing be left out by me think not the Paper unanswerable for I do not intend a Discussion of him 1. How saith the Gentleman to him Can the Seat of Government be empty while the King who all grant had an unquestionable Title is still living and his Absence forced and involuntary Here are Suppositions imply'd that should first be proved As 1. A King once supposed to have a good Title must needs have it during Life 2. That during a King's natural Life the Throne cannot be empty 3. Tho it is true in a sense that the King's Absence be Involuntary so in a sense it was Voluntary It was a mixt Action and the Reasons for his leaving the Kingdom are not altogether unknown and whatever the Necessity was his Counsellors and Friends the Papists with his own Affection to that Interest which God hath crost for the present and such as you acting contrary to God are active to restore brought upon him In Answer to the Gentleman's Question drawn up by himself he saith The Gentlemen of the Convention who declare a Vacancy in the Government lay the main stress of their Opinion upon his Majesty's withdrawing himself For now especially since the Story of the French League and the Business of the Prince of Wales are past over in silence most Men believe that the pretended Breach of that which they call the Original Contract was design'd for no more than a Popular Flourish I confess to you Doctor these Lines are very material of each branch I 'le crop a little 1. The Noblemen and Gentlemen of the Convention who had the Personal Majesty lodged in them in a high degree and that as they were a Convention entrusted to act for the Community of England did doubtless lay a great stress for their Judgment upon that which is more than the Opinion of the Gentlemen as he calls them But the foregoing Actions of the King terminated in that first Act had their share in influencing that Publick Reason so to judg The Story of the French League is past in silence No Sir that which you and your Fellow-Rockers of the soft-headed Disciples call a Story is not past away in silence yet A Story you 'd make it as if all this Action was begotten by a Story or two or three Fictions I shall not without Authority relate what I have heard of that Story But I build my belief of a designed Mischief upon Publick Evidence and undeniable by adding a little use of Reason to it My Evidence riseth out of Coleman's Letters Letter to Sir W. Throckmorton Feb. 1. 74 / 5. For you well know that when the Duke the late King James come to be Master of our Affairs Joint Interest with France the King of France will have reason to promise himself all things that he can desire For according to the Mind of the Duke the Interests of the King of England the King of France and his own are so close bound up together that it is impossible to separate them the one from the other without Ruin to all three but being joined they must notwithstanding all opposition become invincible Letter to Mons le Cheese The King of France esteemed his Interest and the Interest of his R. H. to be the same p. 110. and that if his Royal Highness would endeavour to dissolve the Parliament his Majesty King of France would assist him with his Power and Purse to have such a new One as would be for their purpose His Royal Highness was convinced their Interests were both one A