Selected quad for the lemma: england_n
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A25327
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The Anatomy of a Jacobite-Tory in a dialogue between Whig and Tory : occasioned by the Act for recognizing King William and Queen Mary.
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1690
(1690)
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Wing A3053; ESTC R22595
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20,621
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38
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Potestas designativa Person◠cannot pretend that here was a Choice or Designation made by their Representatives for the Convention had not taken the Oaths which should qualify them to act as their Representatives W. That is to say you would have them swear to be true and faithful to the late King when they believ'd that he ceas'd to be King and the Contract between him and the People was broken If it were broken then no doubt but they might do all that was necessary for subjecting themselves to King William and Queen Mary without regard to the Obligations enter'd into to the other as he was King of England T. I thought I should draw you into an Ambuscade Last part of the Magistracy c. p. 8. If you urge the Vacancy as the Author of the last part of the Magistracy and Government vindicated has smartly argued you must grant that the Government was dissolv'd every thing reduc'd to its primitive state of Nature all Power resolv'd into Individuals and the Particulars only to provide for themselves by a new Contract W. To use your Friend Dr. Brady's Expression yours is but an aiery Ambuscade suitable to the Judgment of your wordy Author according to whom our Common and Statute-Laws have had many an interruption But the great Civilian Pusendorf would tell him that no Nation can be presum'd so sottish to intend at the first setting up of a King that their Laws should determin with their Prince's Life or Title T. You still talk of the People's Choice when it is contrary to the Maxims of our Law that there should be any instant of time wherein we are without a King W. You mean when the course of Descents goes on but have there never been Interruptions T. Yes but not of right W. But had the Laws no force while they who you suppose to have had the right were out of possession T. That may deserve consideration but I am sure the Right could never be lost for it was first acquired by Conquest and it is not to be presum'd that a Conqueror would have his Right depend upon any Condition W. Not to trouble you with too many things at once I shall put you to prove four things 1. That W. I. was a Conqueror 2. That his Conquest was absolute without any manner of Terms 3. That he gain'd a Right for himself and his Heirs by proximity of Blood 4. That the Rule to judg who was his Heir is not the Law of the Land but something more sacred for as your own Historian has shewn J. I. History of passive Obedience sup had no right by the Law of the Land Prior to the Peoples Choice more than any body else of the Blood-royal and consequently according to your Advocate the People have been without any Government ever since the death of Queen Elizabeth Nay the Consequence will strike off both the Protestant and the Catholick Queen T. I never trouble my head with Consequences at such a distance But nothing in the English Government except what is done by the Monarch can be justified unless a Precedent can be shewn for it And I am sure no Precedent can be found where ever any English Parliament declared any one to be lawful and rightful King while one who had the Right remain'd alive W. I will grant it while the Right remain'd but they have transferr'd the Right from one to another and declared the Right to be in one who excepting that he was of the Blood-royal had no Right but from their Declaration as to go no backwarder appears in the Case of H. VII T. He had it in right of his Wife W. What think you if I shew this before he married T. The People of that time were better Catholicks than to be guilty of such an Injury to the next Heir W. To convince you of this I will shew you the form of such a Parliamentary Declaration before his Marriage which follows in these words Enry par le grace de Dieu Roy Dengletere de France In that Parliament he was desir'd to marry Seigneur Dirland au Parlement tenuz à Westminster le septisme jour de November l'an du Reigne du Roy Henry le septisme puis le Conquest primer au plesir de Dieu tout puissant bien publique prosperite suertie di cést Realm d'Engletere à la singular comfort de toutz les Subjects du Roy del mesme en remoevement de toutz ambiguitez questions del assent des seigneurs Espirituels Temporels à la request des Communes il est ordeigne establie enact par auctorite du dit Parliament Que les inheritaunces des Corones des Realms d'Engletere de Fraunce ove toutz Preemynence Dignite Royal a yeest appurtenant Et toutz autres Seigneuries au Roy regardantz oultre le mere ovesque les appurtenaunces a queaux en ascun manere duez ou perteignauntz soient estoient remaignent en le tresnoble Person nostre Soveraign Seigneur le Roy Henry le Septisme en les Heirs de son Corps leialment issantz perpetualment ovesque le Grace de Dieu ensy d'endurer in nulls-auters Henry by the Grace of God King of England and France and Lord of Ireland at a Parliament held at Westminster the 7th day of November in the First year of the Reign of King Henry VII since the Conquest For the pleasure of God Almighty the publick Good the Prosperity and Safety of this Realm of England to the singular comfort of the Subjects of the said King and for removing all ambiguities and questions of the assent of the Lords Spiritual and Temporal and at the request of the Commons it is ordained established and enacted by authority of the said Parliament That the Inheritances of the Crowns of the Realms of England and France with all the Preheminence and Dignity Royal to the same appertaining And all other Seignories belonging to the King beyond Sea with the appurtenances in any manner due to them or appertaining be stand and remain in the most Noble Person of our said Sovereign Lord K. H. 7. and in the Heirs of his body lawfully issuing for ever with the Grace of God there to endure and in no other persons This is to be found in the beginning of the Statutes of H. 7. and was sent to the Sheriffs of the several Counties of England to be proclaimed T. I listened to hear the words Lawful and Rightful W. I take the Recognition in the time of H. 7. to be more full for tho the declaring that King William and Queen Mary are Lawful and Rightful King and Queen and that the Royal Power is entirely vested in them as the Bill of Rights and the last act of Recognition declare strongly implies that King James has no Right Yet it is not so express as the other which places it in H. 7. and the Heirs of his Body and renounces the
Pretences of all other Persons whatsoever T. You aim then at an Renunciation of King James's Title Cannot you be content with driving him away and setting another upon the Throne but you must bar the Door against poor King James W. When so many are in your Sense Traytors to K. James and his Party here is come to such an Head as to threaten to bring him in without Terms certainly it behoves every Man that has it in his Power at least to disarm those who would hang them in a short time if a check be not put to them T. Suppose you should get a Renunciation that will be the act only of them who consent to it and what will you be the stronger for that W. I must confess though an act of Renunciation would be of some benefit yet I believe without adding a Clause to that purpose in the Oath of Allegiance the Act would fall short of its desir'd Effect T. Is not the Nation sufficiently burdned with Oaths already W. An Oath I am sure in this case would be the most proper end of the Strife no man who swears in any case and that believes the late King to have no Right would scruple an Oath to that purpose and it is fit that they who believe K. James to be their King should shew it before King William leaves the Kingdom T. According to you such an Oath is needless for you will have as much implied in the Oath already required W. The sense which you put upon the Oath shews that this is no Test for you and therefore another is requisite T. You would go to limit God's Providence and renounce his Title who perhaps will force his way to his own again W. I think a true Englishman may resolve to adhere to the cause of his Country in all events without consulting Providence or the Stars T. Do you think King William will thank you for intreaguing his Affairs and making them Enemies who otherwise would sit still W. The cause will not bear Neuters now nor are those Neuters which you would have believed to be so T. I find you and I have taken different sides wherefore farewell till we meet in the Field W. I fear you less there than in the Courts of Princes or of Justice T. We shall be too hard for you in either of the places at Court we are the only men for Monarchy in Westminster-Hall we have the authority of the last Judgments on our side besides that we tickle the Judges with giving them a Power over the Laws And in the Field we of the Church shall be the body of the Nation W. You I doubt not would have the French Monarchy supplant the English But you have a pleasant way of making your court to this King and Queen by declaring that the Sovereignty is inseparable from the Person of the late King You think to please Judges who came in upon the restoring our Constitution by advancing Judgments which would overthrow it And the Church of England is mightily beholden to you for making a compound of that and the Romish together and raising a jealousie in Their Majesties as if its Members cannot be Loyal Subjects to Them yet assure your self how strong soever the Church-Party may be in meer Church-Points or such as are thought to be so you may observe that the generality both of Whig and Tory Members of the Church are united against the late King whenever the question is which King we should obey not being willing to trust to a pardon the most solemn promises of which may not only be dispensed with but perhaps it might never be in the late King's Power to make good even tho he should return and desire it T. Doubt not that I will undertake to carry you where you may have City-Security for a Pardon and good reward if you will return to your Duty W. Do you think that the French King by whose Arms and Money the late King if ever must be restor'd would suffer him to make good any Promises to Protestants Certainly you Jacobite-Tories are the blindest set of men that ever was You had better herd with the other Tories who would bring Torism in fashion under a King who came to root it out than to labour thus to destroy your selves and your Native Country T. I had better turn to you Whigs than join with those Renegadoes who are contemn'd by us of whose Party they formerly were and cannot with any face pretend to be servants to King William and Queen Mary for they agree with us that there was no ground for withdrawing their Allegiance from King James he having done no more than he might by his Prerogative and therefore that he ought to remain our King W. For that matter I will leave you and your Brethren to fight it out and am glad to divert your rage from the poor suffering Whigs to those who are come to us from you and by having shar'd the spoil with you formerly are better enabled to bear the brunt FINIS Books Printed for Richard Baldwin THE History of the Most Illustrious William Prince of Orange Deduc'd from the first Founders of the Ancient House of Nassau Together with the most considerable Actions of this present Prince The Second Edition A Collection of Fourteen Papers Relating to the Affairs of Church and State in the Reign of the late King James The Character of a Trimmer His Opinion of I. The Laws and Government II. Protestant Religion III. The Papists IV. Foreign Affairs By the Honourable Sir W. Coventry The Third Edition carefully Corrected and cleared from the Errors of the First Impression An Impartial Relation of the Illegal Proceedings against St. Mary Magdalen Colledge in Oxon in the Year of our Lord 1687. Containing only Matters of Fact as they occurred The Second Edition To which is added the most Remarkable Passages omitted in the former Collected by a Fellow of the said Colledge The Absolute Necessity of standing vigorously by the present Government Or A View of what both Church-men and Dissenters must expect if by their unhappy Divisions Popery and Tyranny should return again The Justice of the Parliament in inflicting of Punishments subsequent to Offences vindicated and the Lawfulness of the present Government asserted An Account of Perkinson's Expulsion from the University of Oxford in the late Times in vindication of him from the false Aspersions cast upon him in a late Pamphlet intituled The History of Passive Obedience The Way to Peace amongst all Protestants being a Letter of Reconciliation sent by Bp. Ridley to Bp. Hooper By Mr. Samuel Johnson Purgatory prov'd by Miracles Collected out of Roman-Catholick Authors With some Remarkable Histories relating to British English and Irish Saints With a Preface concerning their Miracles By Mr. Samuel Johnson A Seasonable Discourse shewing the Unreasonableness and Mischiess of Impositions in Matters of Religion Recommended to serious Consideration By Mr. Andrew Marvell late Member of Parliament The Revolter A Tragi-Comedy acted between the Hind and Panther and Religio Laici A Collection of Poems Satyrs and Songs against Popery and Tyranny In Four Parts An Answer to the Bishop of Rochester's first and second Letter c. A short View of the Methods made use of in Ireland for the Subversion and Destruction of the Protestant Religion and Interest in that Kingdom from the beginning of the Reign of the late King James to this Time and of the Suffering of the Protestants all along The Intrigues of the French King at Constantinople to imbroil Christendom discover'd in several Dispatches past between him and the late Grand Seignior Grand Vizier and Count Teckley all of them found among that Count's Papers With some Reflections upon them Plain English In relation to the real and pretended Friends to the English Monarchy Humbly offered to the Consideration of His Majesty and his Great Council the Lords and Commons in Parliament assembled The Second Edition With a short Preface and an Appendix concerning the Coronation-Oath administred to King James the Second The New Nonconformist Or Dr. Sherlock's Case in Preaching after a Deprivation incurr'd by the Express Words of a Statute Fairly Stated and Examined With short Reflections upon Mr. Cook 's Sermon February the 2d 16 89 90. which was Licens'd by the Arch-Bishop's Chaplain The Fate of France A Discourse wherein after having Answered the groundless Exceptions that are made against the Lawful Conduct of the English in securing themselves from Popish Tyranny c. it is shewed That by the Happy Revolution in England all the Designs of the French King for the Vniversal Monarchy are disappointed and the Rational Grounds to believe his Downfal near In three Dialogues betwixt Father Petre Father La Chaize and two Protestant Gentlemen FINIS