Nation but durst not disanul Parliaments but he dissolved them and caused them to be dissolved by his Brother as soon as ever the Parliaments did any thing that displeased him He deprived the Corporations of their Charters and Priviledges He obstructed free Elections he took upon him a Power of dispensing with the Laws and of acting in a direct opposition to what was thereby ordained He was not legally impowred to proceed so far and therefore he transgressed the due Bounds and thereby put the Nation in a rightful Capacity no longer to acknowledge him for it is certain that in all Relations of Father and Son of Wife and Husband of Master and Servant of Subject and King where there is an express Contract and certain Conditions laid down when one of the Parties happens to violate the Contract and to be wanting in the performance of the Conditions that the other Party is no longer obliged The Lawyers Maxim Princeps Legibus solutus est has no place here By the Prince is understood one that is Sovereign and a Magistrate that is absolute without limitation Unhappy are the People who have got such Masters who have suffered their Priviledges to be disanulled but the People and the Nations which are so happy as to preserve the Bulwarks which in the Establishment of their Monarchy have been raised against the Ambition of their Princes are very Wise in maintaining them The King of England does not boast that he is above the Laws for he is obliged to Reign according to the Laws If there be any Sovereign in England who is above the Laws it is the Parliament and the King together This Sovereign makes Laws and repeals them and so is not bound thereby but the Parliament alone can neither make nor repeal Laws neither can the King alone do it So that these Words of Cambden concerning the Authority of the Kings of England does not take away the Rights of Parliaments and the Priviledges of the People that are publicly known Seeing the Kings of England are bound to Reign according to the Laws there lyes no obligation upon the People any longer to acknowledge them when they raise themselves above the Laws and have no regard thereunto Indeed a modern Writer has said that Protestants may be trusted because they swear Allegiance to the Prince without reservation But we swear Allegiance without reservation only where the Law does not annext it and where the Princes have their bounds limited by the Laws our Religion does not at all oblige us to make Oath of Fidelity without reservation and without condition since the Kings of England themselves in Conjunction with their Parliaments have annexed certain reservations to the Oaths of Allegiance which they require from their Subjects We do no ways believe that the English violate their Oaths of Allegiance when they think that they are free so to do by the Invasion that their Kings make upon the Fundamental Laws of the Realm From all this it follows that the English Nation did justly look upon King James II. as incapable of the Crown because of his Religion and as fallen from his Rights by his violation of all the Fundamental Laws and consequently William III. his Son-in-Law and Mary his Daughter now King and Queen of England possess the Crown most lawfully which returns to them by Right of Succession and which was confirmed to them by the unanimous Consent of the three Estates of the Kingdom They did not trample upon the respect which they owed to him who was their Father or held the place of a Father for nothing is owing to a Father in prejudice of the Rights that are due to God and our Country They committed no Violence as a means of coming by the Crown for they first received it from a free Convention they did nothing against the Commands of St. Peter and St. Paul of being Subject to the Powers for neither St. Peter nor St. Paul had any design of Establishing the Arbitrary Power of Kings whose Authority is limited by the Laws nor of favouring Tyrants Now as there have not been Men wanting to misconstrue His Majesties late Expedition so there have been some of his Majesties Enemies mentioned at the beginning who charged the Misfortunes of the Two De Wits Anno. 1672. on the then P. of Orange But it is known to all the World how the Matter went it happened by a popular Commotion which was like Gun-powder kindled and spread in a moment It is true that the two De Wits were accounted Enemies to the Prince It is true that there were two Parties formed in the State one against the Prince and the other for him but if things had gone well and the order which the De Wits had given for the preservation of the Country had succeeded no Person had ever muttered against them but Unhappily the State was without any Defence without Arms without Forts without Forces without Alliances which afforded the French an Opportunity of Marching into the very Heart of the Country leaving nothing but Desolation behind them Those who were at the Helm were narrowly look'd to whether they were to blame or no. The People thereupon were enraged against those who had the management of Affairs They made a general insurrection in the Town against the Magistrates It was much less for the Prince's Interest then for their own that there was such an uproar amongst the People The Mobile had been little enough concerned who governed provided the Government had been in safety Hitherto the Government of the De Wits as it had been happy so it had been attended with Tranquillity But in the Year 1672. the Government of those Gentlemen was extreamly Unfortunate the People who peremptorily reckoned the Unhappy Success of the measures they took to be an Effect of their Mismanagement of Affairs fell upon them and spent all the Magazine of their Rage against them And it was the King of France to whom the De Wits were indebted for that Tragical Execution it is he who by his unjust Enterprifes and his happy Success did provoke the People's Patience to the last extremity and obliged them to avenge themselves by force on those who had so very ill provided for the safety of the State The Prince was no ways concerned therein but accidentally if he had had the Administration of Affairs for some Years before that if he had been mistaken in his Measures as they had been if the King of France had met with the same Success after the Administration of the Prince of Orange that he had after that of the De Wits it is certain that the Prince of Orange had been in danger of having been the object of the People's Fury as those Gentlemen were but it is well known that this is the usual manner of popular Commotious that when they make an insurrection against one they make a Bulwark of another Expressing their Fury because the Government being altogether a Republic had not
that Purpose The Supream Law does always interpret all other Laws and make exceptions therein And that Law is The Safety and Preservation of the People according to which Law we ought to explain or limit that Law which says The Parliament can do nothing without the King's consent When the King and the People are opposite the Parliament is Judge But a Judge does not stand in need of the Consent of either of the Parties to give force to the Sentence that is pronounced When the Parliament and the King are agreed for the Preservation of Religion and of the Society in that Case alone it is that one can do nothing without the other To make this Truth manifest we need only invert the Position and say the King can do nothing without the Parliament does it therefore follow that if a Parliament is so head-strong as to render all the Laws of no effect and to ruine the Nation a King of England may not lawfully oppose them and bring the Parliament within its due limits He may do it without all doubt in like manner a Parliament may lawfully provide for the Security of the Nation contrary to the King's Pleasure My Author goes back to the Prince's Declaration alledging it to be filled with sanguinary Orders And what are those sanguinary Orders They are such Clauses of the Prince's Declaration which appeared to him to carry the greatest force in them In one place he calls those who have betrayed their Religion and subverted the Laws of their Country Execrable Offenders who have justly deserved Death In another place He declares that all Papists who shall be found with Arms in their Hands or concealed in their Houses about their Persons or otherwise or who shall be in any Civil or Military Employment under any Pretence whatsoever shall receive no Quarter from his Army but be treated as High-way Men and Banditti by his Souldiers In a third place the Prince does say That they who shall take Arms under any Popish Officer and march under his Command shall be considered as Complices in their Crimes and Enemies to the Laws and to their Country And lastly William of Nassaw saith elsewhere That those Magistrates and other Persons who shall refuse to assist him and in Obedience to the Laws to perform strictly whatever he does require of them c. shall be looked upon as the Greatest Offenders and the most infamous of all Men as Traytors to their Religion to their Laws and to their Country and that he will not fail to treat them accordingly The Truth is we cannot tell if this Man is yet in his right Wits or rather if he is not one of those Bedlams who are tied to prevent the Effects of their Rage Miserable Soul Are these the Marks by which the Cruelty or Clemency of Princes is to be judged Are they not rather Innocent Stratagems by which they strike Terror that no ill may ensue Is not preventing of Resistance a proper means to hinder the Effusion of Blood Is there any Necessity that all such Threatnings should be accomplished How many Commanders and Generals have threatned the Cities which they besieged that they would abandon them to the Fury of the Souldiers if they would not surrender to which nevertheless they afterwards proposed favourable Conditions for a Treaty Let us trace the Footsteps of this Prince Are they marked with Blood What Persons has he put to death Is there any Man who has lost so much as a Nail of his Finger We know that the Papists that are in London and particularly the French talk with an unparallell'd Insolence The Parliament knows it the King is informed of it and hinders the Severities of Justice from taking hold of the Offenders The Ambassadors of the Emperor and of the King of Spain see it they acknowledge it they declare to His Majesty the grateful Sense they have of his Clemency and they inform their Masters of it But it may be said the Prince ought not to have denounced those terrible Menaces If it were so that he ought not to have uttered those Threats it would not have been the Effect of his Cruelty It is in Actions and not in Words that Men look for Blood and Cruelty Besides that the Prince had good reason to speak as he did if he had just cause to do what he did If he was in the wrong upon the matter he was to be blamed in every Circumstance but if he was justifiable in the main he was justifiable in the whole Affair For these are the ordinary Measures taken by Conquerors and Generals in just Wars They utter Threats they impress Fear and strike with Terror they likewise chastise those who yield not themselves upon such Manifesto's Those Traytors who in favor to the King had betrayed their Country Religion and Laws deserved to be called Execrable by the Prince and deserved all the Evils with which he threatned them yet without any design of their Accomplishment as it appeared by the Event He commanded the Papists upon Pain of Death to lay down their Arms. That had been good if after he had declared War against Popery upon his entring the Kingdom he had suffered the Papists to meet together and form a Body against him He declares that it was neither strictly the Persons of Papists nay nor their Religion that he had in his view but that he was resolved to oppose their Attempts by which they endeavoured to destroy the Religion established by Law Must he not then have been permitted to deprive them of their Arms at least seeing he left them their Life Property and Liberty of Conscience The Man complains loudly that the Prince in his Declaration sounds his Order for the Papists laying down their Arms upon their Meeting about London and Westminster with a barbarous Design of making some attempt upon the said Cities either by Fire or a Massacre or by both together He must certainly be very much in the wrong who suspects Papists and Popery of such Attempts they are very little acquainted with them St. Bartholomew's Massacre and many others committed in France The Murders a hundred times attempted upon the person of Queen Elizabeth and committed upon those of Henry the Third and Henry the Fourth The Assassination of William Prince of Orange The Gunpowder Plot for blowing up the Two Houses of Parliament in the beginning of the Reign of James the First The Burning of London The Assassination of Justice Godfrey The Death of the Earl of Essex by a Rasour And that of King Charles the Second by Poyson with a Hundred other Enterprizes of this nature make it appear that we commit an outragious violence against Popery if we believe that she is capable of inspiring the blackest Designs Now by this time the Man who has opposed the current of this present Narrative thus far begins to vomit torrents of Choler and accumulates Injuries upon Outrages The Wretch is a Monstrous Exception out of every Rule and particularly out of this One That Men without Judgment are ordinarily endowed with a good Memory He talks like a Mad-man without Judgment and also without Memory He has forgot where and the person for whom he speaks He speaks in France and he speaks for James the Second It is a mark of great judgment to look for Cruelty out of France and to accuse a Foreign Prince thereof whil'st he lives under the most cruel Government that has been in Europe for these many Ages A Government under which a Thousand Cruelties have been committed upon the Protestants to make them abjure their Religion They abandoned them their Honor and their Life to the Insolence of the Soldiers They tormented them by night and day they burnt they rack'd they tortured them The resolutions of many were shaken by the cruel torments that were used They massacred and burnt and tore many in pieces alive They left infinite numbers of People to perish in frightful Prisons and in unspeakable Miseries They snatch'd the Children from their Mothers the Husbands from their Wives the Wives from their Husbands Friends from Friends to send them away to perish in the American Islands in a direful Exile and horrible Miseries When King William shall have done so much against the English Catholicks we will agree that they abdicate the Notion of his Royal Clemency A Government moreover of whose Cruelty Foreign Nations have been sensible which has not spared either the Honor the Possessions or the Lives of their Allies and Neighbours which has reduced into Ashes the most Beautiful Cities of Flanders and Italy and which carries Horror and Desolation whithersoever she carries her Arms. These are the Men who accuse our Princes of Severity Get you gone then you Infamous Man Go and read Lectures of Clemency to your own Masters before you charge ours with Cruelty Take notice also for whom it is that you speak You speak for a Prince who alone has spilt more Blood by the hand of the Executioner than Twenty of his Ancestors have done together After the defeat of the Duke of Monmouth he sent a Monster of Injustice and Cruelty into the West of England He caused to Hang and Quarter more than two thousand persons in those Counties An Example of horrible Cruelty and which possibly cannot be parallel'd in History In the most Criminal Rebellions the Heads are punished and the Multitude is pardoned But he was for cutting off both Leaders and People and burying them under the same ruins You speak for a Prince who is suspected to have his hands stained with his Brother's Blood and to have dipt them in that of the Earl of Essex You ought to have let these Ideas of Horror sleep and engage those who wish him well not to awaken them and expose them to the view of England This Infamous Libeller acts the Prophet too and has found by an Astrological Scheme of his own that the Prosperity of His Majesty of King William will not last long but the Event without doubt will give this Prophet the Lie God by the continuance of his Favours and Blessings will justifie the Conduct of His Anointed and of His Servant and make Him Victorious in spite of all the Efforts of Calumny and the Machinations of his Enemies FINIS
are used in the English Laws and the Publick Records of the Kingdom when they speak of the Roman Religion and of those who profess it as in France we are called the pretended Reformed in the Edicts and Public Ordinances this Name is no more honourable for us than that of Papists for them who call themselves Catholicks But he likewise takes exception at this Expression To introduce Popery into three Kingdoms On which he spends a great Article to prove that nothing can be worse express'd that the business is not about introducing the Catholick Religion into three Kingdoms where it always was and where it is still And here he falls on Controversie to prove that the Roman Religion is the Ancient Religion that ours is an Innovation that is without Mission and without Miracles Must he not be very destitute of Judgment to shew himself so mightily pedantick on a Subject that is purely politick Is it not hereby very manifest that he loves to leave the Point and take occasion of one Word upon which he may exercise his talent by making thereupon a common-place To answer in good earnest Reflections that are so impertinent would argue one to be Master of as little sense as he is who makes them The Grievances of the Prince and of the English which they owed to James II. had not only a respect to the Violation of the Laws of the Land but to the Subversion of Religion Yet our Author has so much insisted on the point and spent so much breath on the head of Religion in such a declamatory method and with such vigorous efforts that he has left very little more to say in the justification of his Hero as to Affairs of State and therefore he has but one word concerning it and only touches upon one of the Articles that the Prince has expressed in his Declaration and that is that the Liberty that King James gave of placing Popish Judges on the Bench reduced the Estates and Fortunes of the Subjects to an uncertainty that was extremely irksom because the Sentences pronounced by the Judges who were not legal are reputed to be null and void tho' they were never so just Thus those who lose the Suit seeing themselves lye under the sentence of incompetent Judges will be sure not to let slip the first opportunity that shall present it self for their relief against that Judgment which would bring the Estates and Fortunes of private persons into an eternal uncertainty In opposition to this our Author pretends to plead endeavouring to make it appear that tho' the King should make a Judge illegally the Judge should nevertheless have a legal authority to give judgment and that the Sentence that is pronounced by him is without all question valid and binding for confirmation of which he cites the Law Barbarius Philippus by which it appeared that a Slave having obtained the Pretorship by surprize it was judged that his Determinations were not to be questioned It belongs to the English properly to make answer to this The Law Barbarius Philippus is a Rule of Prudence which neither amounts to a Natural Right nor a Necessary Law Naturally Acts done by a Subject who is incapable of bearing certain Characters are invalid All the Ordinances given by a Tyrant and Usurper are null and void as soon as ever the Tyrant is put from the Helm If a Turk should usurp the Papal Chair or turn Priest all the Oaths that should be administred by him would be manifestly void In like manner all the Sentences given by one who is incapable of being a Judge and whom the Law barrs from sitting on the Bench are naturally of no force If the Sovereign in consideration of the consequence and to avoid trouble is pleased to continue them it is in his power so to do and they shall bind but it is absolutely necessary that the pleasure of the Sovereign intervene in this case for giving force to such Judgments The Law Barbarius makes this easily appear If the English had any Law that could give a validity to Judgments and Decrees of a Judge tho' he were made so contrary to the Laws it is true that the Sentences given by Popish Judges might remain in force but it is so far from being so that on the contrary it is manifestly true the English have Laws according to which every Sentence past by Judges appointed against Law ought to be revised We are not to spend all our thoughts on these smaller matters and neglect so many Grievances and Complaints of the Nations against the Government of James II. Is it nothing for example that he usurped a power of dispensing with the Laws Is it nothing that he made himself an Absolute Sovereign and exercised Arbitrary Power Of what use are the Laws if it be in the Prince's power to suspend them by hindring their execution whenever he pleases and acting directly contrary to what the Laws ordain If it were thus I would rather now chuse to live at Paris or Constantinople than at London and be subject to Lewis XIV or Mahomet than to the Government of a King of England The Authority of the Judges of the Kings-Bench who were generally of opinion that the Dispensing Power was annexed to the Crown is not sufficient For it is well known who those Judges were that most of them were Papists and by some means or other those that were not were brought over to joyn with the rest Can it be thought that a few ill Men who betrayed their Country and sold their Liberties should be the Sovereign Disposers of the Interest of such a Vast Number of People Is it nothing that the King of England prevailing over the weakness of the Kingdom of Scotland had a considerable success in the design of making himself Absolute Sovereign having in his Declarations used a Style that is more Despotick than that of the Grand Seignior affecting to insert therein almost in every Period the Terms We Will We Command of Full Power of Absolute Power Have we not seen this with our Eyes Is it nothing that all the Charters and Priviledges were taken from the English Cities and Corporations and particularly from the City of London by horrible Violences and unjust Procedures to the end that the King might be in a capacity to fill up the vacancies of Offices and Places of Trust with Court-Slaves and Enemies of the Protestant Religion Is it nothing that the Bishops who are Peers of the Realm were imprisoned against all sort of Law only because they were so bold as to make a most humble Address to the King by way of Remonstrance against his Ordinance Where are there any Monarchical States in which it is not permitted to make such Remonstrances to their Sovereign Is it nothing to threaten all the Judges of the Kingdom with the loss of their Places and actually to deprive them thereof upon their not consenting to repeal a fundamental Law of the Land Is it