of his Reign was the first Act of Parliament made for entailing the Crown with Remainders By vertue of which Entail his Son Henry the fifth became King and after him Henry the sixth in whose time Richard Duke of York claim'd the Crown and an Act of Parliament was made 39 Hen. 6. that Henry should enjoy the Crown for his Life and Richard and his Heirs after him After which King Henry raise's an Army kills Richard for which He the Queen and Prince were all Attainted 1 Edw. 4. because Richard was declared Heir apparent to the Crown after Henry by Act of Parliament but this Attainder was repeal'd in terms of Disgrace and Detestation 1 Hen. 7. Rot. Parl. 1 Hen. 7. Edward the fourth succeeded Henry 6. by vertue of an Act of Parliament made in the time of Hen. 6 for entailing the Crown as Son and Heir to the Duke of York Richard the third was confirmed King by Act of Parliament tho' he came to it by blood and murther Henry the seventh comes in by no Legal Title because Edw. the fourth's Daughter and his own Mother were both living In his time the Crown was entail'd on him and his Heirs by an Act of Parliament and he would never suffer any other Title to declare his Right Henry the eighth succeeded who as all his Laws speak deriv'd his Title to the Crown from his Father by vertue of the Act of Parliament above-nam'd and not by any Title from his Mother tho' by the Law of Succession his Right from Queen Elizabeth Daughter of Edw. 4. was indisputable In his Reign the Crown was thrice entail'd but the great one was that of 35. c. 1. by which Edward the sixth Queen Mary and Queen Elizabeth succeeded in whose Reign was made an Act of Parliament making it high Treason to say it was not in the Power of Parliaments to limit the Succession of the Crown Upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were entail'd and the Articles of Marriage confirm'd by Act of Parliament and by that Act of Parliament Philip was created King and exercis'd Sovereign Authority and particularly in making Laws together with the Queen the Style of the Royal Assent to Bills in Parliament being at that time Le Roy La Reigne les veulent by all which it appears that the Kings of England since the Crown was setl'd in a particular Family as well as before are Kings by the Laws of the 〈…〉 of human Constitution tho' their Power is from God Almighty Nor does this opinion aim at the changing our Hereditary Monarchy into an Elective Kingdom but shews that there is no such absolute necessity of keeping the Lineal Descent in respect of a single Person that it cannot be chang'd for the preservation of a Kingdom contrary to the Opinion of our Lawyers who affirm from History Records and Law-Books that our Monarchy is Hereditary as to a Family but Elective as to Persons However to obviate the prejudice that might arise from that preconceit I shall shew you 't is Hereditary and yet that that Hereditary Right came also by Law and therefore may be interrupted by our Legislators That England is an Hereditary Monarchy and that the common course of Succession is to be inviolably observ'd when it consists with the publick good and safety of the Kingdom none will deny for our own Laws have so determin'd it as a custom grounded upon sufficient Reasons Our Ancestors perceiving that the way of Electing Kings was subject to many Inconveniencies and often expos'd the Kingdom to Tempests Interregnum's and Revolutions as well as to the seditious commotions of under-hand dealers and the Pride and Ambition of Men too desirous to be uppermost And that Kings coming to the Crown by Election neglected the Demeans and squander'd away the Treasure of the Nation because they had no prospect of leaving the Crown to their Heirs 't was therefore thought advisable and beneficial to the Publick to fix the Royalty in a particular Family As for example In the eighth of Hen. the fourth there was an Act of Parliament which entail'd the Crown with Remainders And to name no other instances of the like kind it was made Treasonable by an Act of Parliament in the thirteenth of Queen Elizabeth for any Man to affirm that the common Laws of this Realm ought not to direct the Right of the Crown of England or that the Laws were not of sufficient force and validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof So that 't is plain an Hereditary Right is a Right by the Laws of England and not otherwise And what need is there of any other since a Right by Law makes a Rightful and Lawful King in despite of all the over-nice Distinctions of State-Criticks to the contrary And truly Of all Men living the late King James and his Defenders have least Reason to quarrel this Right by Law For How came it to pass that the Line of the Stewarts had a better Title to the Crown of Scotland than that of the Baliols but only that the Laws of Scotland that is the Consent of the Estates of that Kingdom made them so For otherwise if we search into the Pedigrees of those two Families we shall find that Baliol according to the common receiv'd Rules of Descent was nearer in Blood to the last King David than Bruce and was so adjudg'd at a solemn Hearing * Bak. Chron. pag. 96. between both Parties by our King Edward the First in Parliament Besides the late King has left it upon Record from his own Mouth that the Laws of England were able to make a King as great and happy as he could desire to be and after that I cannot imagine what he could wish for next But His Intentions being fix'd to destroy those Laws that in observing them would have made him great and happy he stood in need of a Title Superior to them therefore his Flatterers contriv'd one of a Divine Original and yet it dy'd before him the Divinity of his Office was more Mortal than that of his Person and well it might having no Being unless in the Heads of its first Inventore The Scripture has declar'd the Falsity of this new Hypothesis †Rom. 13. St. Paul saying There is no Power but of God must be understood of Government in general For the Apostle does not say There is no Prince but is of God but There is no Power but of God St. Peter also makes Kings to be of Humane Constitution as well as our Laws which know no such thing as a Personal Authority in the King Antecedent and Superiour to all Laws nor no Divine Law or just Inference from it which does any where set aside Humane Constitutions agreeable to Christianity and beneficial to Civil Societies Therefore if a King by Lawful Succession shall act unlawfully and
TYRANNY DETECTED AND THE Late Revolution Justify'd BY THE LAW of GOD the LAW of NATURE AND THE PRACTICE of All NATIONS BEING A History of the Late King JAMES's Reign and a Discovery of His Arts and Actions for Introducing Popery and Arbitrary Power and the Intended Subversion of the Protestant Interest in the Three Kingdoms AND How that Design affected all EUROPE WHEREIN All the Arguments against the REVOLUTION are fairly Propounded and Candidly Answer'd the Pretended Reasons against the Present SETTLEMENT Recited and Modestly Refuted and Obedience to King WILLIAM and his Government Legally and Religiously Asserted By RIC. KINGSTON LONDON Printed for John Nutt near Stationers Hall MDCXCIX To the Right Honourable WILLIAM Earl of Portland Viscount Woodstock in the County of Oxon Baron of Cirencester in the County of Gloucester Knight of the most Noble Order of the Garter One of the Lieutenant-Generals of His Majesty's Forces Groom of the Stole First Gentleman of the King's Bed-Chamber One of the Lords of His Majesty's most Honourable Privy-Council c. May it please your Lordship MY vast Obligations to your Lordship's Goodness exceeding all possibility of Retaliation and a private Acknowledgment being too faint a Testimony of the Gratitude of my Mind I have presum'd on this Method to make my Thankfulness extend beyond the Limits of my Life and acquaint the World that His Majesty's Bounty and your Lordship's Favours have not been thrown away upon an Ungrateful Person but bestow'd upon a Dutiful Subject who hath hitherto and as long as God affords him Life will express his Duty to your Lordship in the Sincerity of his Service to His Majesty's Government and that I know will be more acceptable to your Lordship than tedious Harangues or elegant Expressions where the greatest I can make is the least that I acknowledge to be due to your Lordship from me The following Discourse my Lord shews the Lawfulness of our late happy Revolution and might justly command my Obliging the World with an Account of your Lordship's extraordinary Merits in that and all other Occasions for England's Safety But when I consider your Lordship is better pleas'd in deserving than hearing an excellent Character and that your Lordship being one of those Pillars that under His Sacred Majesty support the Weight of Publick Transactions I cannot hope the Great Affairs of your Eminent Station should afford you Time to Read a longer Dedication and therefore dare not give my self the Liberty of writing so much as a short Elogy upon a Subject that is able to justifie the largest Panegyrick Now That your Lordship may enjoy a long and happy Life exalted in your Prince's Favour and prosperous in all your Negotiations to the Encouragement of true Piety Loyalty and Vertue shall be the Incessant Prayers of My Lord Your Lordship 's Most Humble and Entirely Devoted Servant RIC. KINGSTON The PREFACE Reader THis small Treatise that now salutes your Hands and is submitted to your Censure is the Tenth I have Writ and Publish'd on the Government 's Behalf since the happy Revolution and for some Reasons being forc'd to conceal my Name some of the Scribling Tribe have been pleas'd to call themselves the Authors of them and have stolen Rewards from Publick Hands for what were only my Productions therefore seeing most of those Books are Sold off and as soon as a Work of another Nature is Compleated that has been long under hand I shall Collect them all into one entire Volume Publish it with my Name to it and leave the Usurpers to prove their Titles to what they have so unjustly claim'd In relation to the Subsequent Discourse I must acknowledge the Path has been already trod by others but whether in Brevity and Perspicuity they have made the Way so plain to every Understanding your self not I must now determine However since large Volumes neither correspond with the Purses nor Leisure of the Generality of English Readers and that our Enemies talk this Subject as leudly now as at the Beginning of the Revolution I have accommodated our Friends with an Antidote against that Infection at a Price and in a Volume that will neither burthen the Reader 's Memory waste his Time nor disoblige his Pocket and yet furnish him with Reasons to answer all Objections in favour of James the Second or those advanc'd against our Legal Establishment Vale. Tyranny Detected AND THE Late REVOLUTION JUSTIFIED c. WHoever has an Inclination to satisfie himself or others that the Attempt of the late King in Subverting the Protestant Religion and Introducing and Establishing Popery in these Kingdoms was no Design of a late Invention nor only owing to the Caprichio of his own Bigotry in the Romish Persuasion to go no further backward must take his Aera from the Restoration of Charles the Second who was Imbark'd in the same Enterprize tho' for fear of Travelling again as he was pleas'd to phrase it he was unwilling to divulge it till he was leaving the World and thought it Inconsistent with his future Estate any longer to conceal the Secret To the Banishment of the Royal Family and their sitting loose in the Principles of that truly Catholick Religion in which they were Educated must be ascrib'd this fatal Change Their Exile and other Inconveniencies laid 'em open to many Temptations The Allurements and Promises of those Popish Princes on whom they must necessarily have some kind of Dependance smooth'd the Way and the Caresses and Incessant Importunities of their Mother assisted by the Crafts and Treachery of Priests and Jesuits who know how to improve every Advantage at length prevail'd upon the Unsteady Royal Brothers to Abjure the Protestant and Espouse the Popish Religion Their Example Influenc'd many that had either Dependance on them or Expectation from them to Write after * Quicquid Principes faciunt praecipere videntur Quint. â—la 4. their Copy and so the King and Duke were early furnish'd with a Sett of Men Ready Prepar'd to execute what was subservient to the Great Design of Subjecting England's Obedience to the Triple Crown Nor can any Rational Man at this time of day doubt but that Charles the Second Liv'd and Dy'd a Papist who hath either heard what he both Said and Did when under the Prospect of approaching Death and past hope of Acting a Part any longer or who have Read the two Papers left in his Strong Box publish'd to the World and Attested by the late King James to be Genuine No less have we Reason to doubt but Setting up Popery and Arbitrary Power was his Darling-Project since the whole Course of his Reign was but one Entire Confirmation of those Destructive Machinations And tho' with the Highest Asseverations and Dreadful Imprecations he often deny'd both making us believe what he was not by Inveighing against what he really was yet the Actions of Princes that speak louder and convince more effectually than feign'd Declarations or Proclamations Evidently shew'd he did but
but the Almighty power that gave them If an Inferior Magistrate Governor of a Province or City Rebels against the King from whom he received his Authority in order to deprive him of his Crown and Dignity none will scruple to resist him in defence of the King who is Supreme Lord both of him and us And by the same Reason may a Sovereign Prince be Resisted that Usurps upon the Rights of God for no Prince is more Superior to his Subalterns than God Almighty is to all the Kings and Potentates of the whole Earth Reason and Religion command and commend a dutiful submission to Authority but neither Reason Nature nor Religion obliges us to comply with the Sovereignty of the Creature to the prejudice of the Creator or subscribe to such orders of an Arbitrary Prince as manifestly oppose the Rights of God unless we are fond of Inheriting the Title of being Cruel to our selves Unnatural to our Children and profess'd Enemies of our Country for tho' slavery may be the misfortune of good People to submit to it can never be their Duty Another great Engine wherewith our Adversaries serve themselves to batter down the Doctrine of Resistance is the Law of the Land and particularly the Act of Parliament made in the 13th of King Charles the Second which seems in their apprehensions to extirpate this Principal Root and Branch tho' I believe 't will fail them when we have consider'd the Occasion of that Law and the Intention of the Ligislators And this I hope to do with a Modesty suitable to the great Veneration and Esteem that is due to those August Assemblies Acts of Parliament in my opinion being only subject to the Censure of those that have a Right and Power to make them And yet I hope with submission 't will not be indecent to say that Laws made in extraordinary Heats are not Regular Obligations nor ought to let Loose the Kings Hands and Tie up the Subjects England had been long Harrass'd Enslav'd and almost Ruin'd by an Unnatural War Scandaliz'd by the Murther of a King under Forms of Law and Justice Oppress'd by the Tyranny of their Fellow-Subjects and wearied out with changes of Governments and variety of afflictions Sometimes a Common-Wealth the Keepers of the Liberties of England a Rump Parliament then two successive Protectors a Council of Officers a Committee of Safety the Rump restor'd another Committee of Officers the Fag end again the Secluded Members a Junto that brought in King Charles the Second and deliver'd England out of Cruel Servitude that was so sick with changing Masters that when King Charles was Inthron'd and call'd a Parliament which chiefly consisted of Sufferers under the late Mock-Governments or the Persons Sons or Relations of such as had been in actual War against the Parliament or Sufferers for Charles the first the Excess of Joy that attended their Deliverance and a Resolution to prevent such Commotions and troubles for the future so transported them that they thought they could never do enough to Greaten their Monarch or discountenance the late Republicans and therefore in the heat of their Zeal tho' they aim'd well might overshoot the mark and stretch the Prerogative of the King and the Obedience of the Subject beyond their ordinary Limits and like Fond Bridegrooms give away more Authority in a Week than they could Redeem in their whole Lives which has been too often practis'd in England in former times in hopes to oblige their Monarchs tho' as often attended with Sorrow and Repentance and these or at leastwise some of these things might be the occasion of that Law For it could never be the Intention of a Parliament to make the most Violent and Illegal Actions of Arbitrary power wholly Irresistable or pull down the excellent structure of a Limited Monarchy and set up an Absolute Despotick Tyranny where the King and those commission'd by him might do what they pleas'd with our Religion Lives and Estates and make it Treason to resist in any case whatsoever Was not this to give away their own share in the Legislative Power and contradict the Preamble of every Act of Parliament which says all Laws are made by the consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament and by the Authority of the same never failing to insert those Words And that this would have been the inevitable consequence of such an Unlimited obligation upon the People is plain for what makes a King Absolute but that his Subjects are under a necessity of Obeying him without reserve i. e. never to oppose his commands in any case whatsoever And to confirm my self that they never intended such a breach in our constitution is because the extravagancy of the Act with such a design would have accus'd both their prudence and Fidelity Judge Cook in his Institutes says that Laws made against Right Reason and the Law of Nature are void in themselves and then there 's no necessity of obeying them longer than till we are in a capacity to deny or dispute it what Man of Common Sense can believe that so many Wise Men how good an opinion soever they might have of the King then in the Throne would Arm all his Successors with a power as Despotick and Absolute as the great Turk who may have the Heads and Estates of his Subjects as often as he pleases to command them The last Argument I shall use to shew that that Parliament did not Intend to couch the People under such an Intire and Universal Submission as is maintain'd by our Adversaries is because they had no Power to do it for no Power can reach beyond the Reason of its Institution which is to preserve the Lives and Priviledges of the People and not make 'em Slaves and Vassals to a Delegated Authority Who can believe that the Nation ever Intrusted any sort of Men with a Power to destroy them or to Surrender their All into the Hands of a Cruel Tyrant As Representatives of the People they could have no more Power than the People could give them nor could it be extended beyond theirs from whom it was derived or that is allow'd by the Law of Nature Nam quodcunque suis mutatum sinibus exit * Lucrit l. â— Continuo hoc mors est illius quod fuit ante Since what doth its limits pass By change quite perishes from what it was because it was not in their power to grant it No Man can licence another to kill him because the consent is Unnatural and Null and Void in it self so no Community can give any persons power to destroy them either directly or by consequence for 't is preposterous in Nature that the Means should be destructive in the End and that those that were substituted for our Preservation should be the Instruments of our Ruin which must necessarily follow if they Intended by that Law to Invest all our Princes with a Power to do whatever they please
and that in no case whatsoever they might be Resisted to which I shall add no more till I have answer'd the Calumny of the Papists who charge the Revolution upon the Principles of our Religion Pere d'Orleans the Jesuit with design to draw off the Roman Catholick Princes from a * Revolution d'Angleterre Tom 3. p. 395. Confederacy with King William and other Protestant Princes for the preservation of Europe and to perswade them to unite their Arms with those of France and the late King James on whose success as he says depends the Glory and Stability of the Popish Religion after he has scandalously told them that this Confederacy was a Combination against God and his Messias the subtle Missionary would insinuate that the late King was Depos'd merely upon the account of his Religion and that if he had been of no Religion or any thing but a Papist he had never lost his Crown which is a great Calumny and to say no worse a wilful mistake for in Antient times long before the Reformation had footing in England and when the profession of the same Religion ty'd Men in one Communion and Worship and when there could be no Apprehension of Grudges upon the Pretence of Different Persuasions in Religion there were equal Animosities and Struglings between the Antient Britains and their Kings as often as they thought their Laws and Liberties were in danger of being Invaded or Destroy'd by them None that converse with History can be ignorant that the same Innate and Congenial Temper has always sway'd these Northern Climates in all Ages within the Reach of History and was observ'd to be Predominate by Julius Caesar him self in his own Reign here Tacitus has an Instance very applicable to this purpose * Ipsi Britanni selectum tributa injuncta Imperii munera impigre obeunt si Injuriae absint has aegre tolerant jam domiti ut pareant nondum ut serviant Tacit. in Vita Agricolae Sect. 13. The Britains saith he are easily assembl'd pay Taxes freely and execute Offices in the Government chearfully if no Injuries be offer'd them for they are willing Subjects but impatient under Slavery When they were under the Power of the Normans they had often Recourse to their Arms to prevent the Incroachments and abate the Oppressions of that Race of Kings although they were All of the same Religion as is apparent in the Reign of William the First who upon the Opposition he met with relinquish'd his Pretence to Conquest and swore to govern the Kingdom by its Antient Laws William the Second was defeated by many of his Subjects who took part with his Elder Brother Robert Duke of Normandy because Rufus had violated the Laws From the same Cause when Duke Robert rais'd an Army against his other Brother Henry the First the greatest part of Henry's Army Revolted to Robert because as Matthew Paris says Henry had already been a Tyrant Another Commotion was rais'd against this Prince and the Party headed by Stephen Archbishop of Canterbury King John was brought to Reason by the Resistance he found by the Great Prelates Nobility and Gentry who slighted the Pope's Bull for Abolishing their Great Charter and valu'd neither the King's Arms nor the Pope's Excommunicating of them all when they stood in Competition with their Antient Rights and Privileges What Troubles and Danger did the Barons and Bishops bring upon Henry the Third for Violating their Privileges His Reign gave Birth to the Complaint that fill'd the Subjects Mouths in the Reign of King James viz. That Judgment was committed to the Unjust the Laws to the Lawless Peace to Men of Discord and Justice to the Injurious So that not only the Nobility Gentry and Commonalty but the Bishops of his own Church Warr'd against him threaten'd him with Excommunication and that if he would not be reclaim'd from his Illegal and Arbitrary Proceedings they would conferr with the other Estates of the Realm and as they had done in his Predecessor's Time would chuse a New King And if in so Antient Times when Popery was on the Meridian of Glory and Power not only the Laity but the Prelates of the Church thought it Lawful to Resist their Monarchs who were breaking in upon their Liberties why may not Protestants do the same without Scandal to their Holy Religion when they had greater Reasons and stronger Provocations than former Times could pretend to Their Religion was never in danger by any of those Kings But ours had receiv'd a deadly Wound by James the Second and was almost Expiring till we took shelter under a Prince who is not only able to Protect his own Subjects but to hinder other Nations from being brought under the Yoke of Slavery The Reader I hope will easily perceive that these Instances are not urg'd to flatter the Rage or gratifie the Passions of Seditious Rebels but only to shew that it has always been the Genius of the English Nation under all Forms of Religion to be very Tender of their Privileges and gave greater Proofs of their Zeal for them in Times of Popery than ever they have done since ehe Protestant Religion obtain'd amongst us Which may at once confute the Jesuits and convince the World that we did not resist the late King James because he was a Papist but because he was a Tyrant tho' it has been observ'd in England that Popery was the first Step to Arbitrary Power and the nearer any of our Kings inclin'd to Popery so much the more did our Privileges decline till at last they were almost totally destroy'd by a Prince that openly profess'd it and all our Crime is that we would not be content to be Ruin'd by the late King and his Popish Emmissaries and rather chose to desire Protection Liberty and the Restitution of our Privileges from His Present Majesty than abide in the Condition of the vilest Slaves to the late King James A Crime for which I am very confident no Papist tho' he Rail at us with his Tongue can condemn us in his Conscience And this brings us to the last Plea that our Opponents are pleas'd to enter against the Doctrine of Resistance and securing our Obedience to the late King viz. That we are oblig'd by our Oaths to Obey and not Resist him upon any Pretence whatsoever To which I Answer How large an Extent soever some Men may give to the Oaths they took in pursuance of an Act of Parliament in the 13th of Charles the Second yet they ought to remember what must always be suppos'd as the Natural Condition of every Oath Rebus sic stantibus Things continuing in the same State as they were in at the Time of Taking these Oaths for otherwise the Obligation ceases when Things are so changed that they are Unlawful or impossible to be observ'd When we took these Oaths to the late King we believ'd he would observe and keep his own Oath at his Coronation and protect us in
Laws do not only totally exclude Papists from Military Offices but injoin them to be Disarm'd also Notwithstanding James the Second did not only Arm them but put them into the First Employments of the Army and all other Stations And was so fond of them that no Consideration either of Quality Loyalty or Merit except he was a Papist could Recommend any Man to this King's Favour or give him Title to the common Kindness of a Civil Reception but all were Smil'd or Frown'd on as they were distinguish'd by their Religious Principles Men may live happily under a Government and yet be excluded from having any Office or exercising any Authority under it and therefore the late King's Fondness and the Papists Forwardness to thrust themselves into Employments gave a great Suspition that it was for no good End that he put Wise and Experienc'd Men out to make room for a sort of Raw Papists who being not us'd to Publick Business were not capacitated for it No Man can imagin that the late King made this bold Adventure in Employing Papists for nothing or that he would disoblige the Body of his People for their sakes only without designing some other Advantage to himself by it He must have some peculiar Service for these Unqualify'd Favourites to do in which the rest of the Nation would not inter-meddle The Contest was between the King 's Absolute Power on the one side and our Laws and Religion on the other And therefore to know what Work their King had for them to do and to what End he would have employ'd these Services here is but to see Vide State of Ireland under the Reign of the late King James what Use he put them to in Ireland and how they demean'd themselves towards Protestants where the Scene was open'd and all manner of Violences committed upon Protestants by his Authority He also corrupted the Exercise of Justice on which depends the Safety of the Nation and the Stability of the Throne The Judges were Tamper'd with and Admitted upon Condition of favouring and promoting the late King 's Arbitrary Power and the Popish Interest Those Judges were Depos'd who were fix'd in their Religion and Resolutely defended the True Interest of their Country and others put into their Places of no Honour Integrity or Capacity but known Temporizers or Papists who were excluded by the Laws of their Country Upon this follow'd very Arbitrary and Illegal Proceedings in the Courts of Judicature A Prosecution was carry'd on against Seven Reverend Prelates for Petitioning the King to Redress their Grievances and giving their Reasons why they could not obey his Arbitrary Commands Causes were Try'd in the Court of King's Bench that were only Cognizable in Parliament Partial Corrupt and Unqualify'd Persons were Return'd and Serv'd on Juries in Cases of High Treason that were not Free-Holders Great Bail requir'd of Persons Committed in Criminal Causes Excessive Fines Impos'd for small Offences Illegal and Cruel Punishments Inflicted without Example or Law to warrant them And for a finishing Stroke The late King was also pleas'd to Grant and Seal a Commission to several Unqualify'd Persons to Examine the Revenues and Search into the Foundations of all the Hospitals in the Kingdom and see to what Uses they were first given by their Benefactors And into the Estates that some time ago belong'd to Monks Friars and other Religious Orders of the Romish Church with Intent to Restore them to the Papists who complain'd to the late King that they were Wrongfully Depriv'd of them In brief Never any Prince in so short a time committed so many Irregularities and made such Inroads upon our All as James the Second did by his Dispencing Power in England his Absolute Power without Reserve in Scotland and his Actual and Absolute Destruction of the Liberties and Religion of the Protestants in Ireland To which if we add the more than seeming Probability of the late King 's Leaguing with France for the Extirpation of the Northern Heresie 't will compleat his Design and make the intended Ruin of England unavoidable for more Hands would have made lighter Work and Experienc'd Artists would have finish'd it sooner I will not urge this League as a plain and positive Truth tho' I am strongly inclin'd to believe it and therefore shall only produce my Reasons and leave them with the Reader to judge as he pleases Mr. Coleman who must be presum'd to know much of his Master's Mind being in the same Interest and the Tool he work'd with in all his Secret Practices gives great Suspicion of the Truth of this Combination in a Letter to Sir William Throgmorton Feb. 1. 1678. You well know saith he that when the Duke comes to be Master of our Affairs i. e. to be King of England the King of France will have Reason to promise himself All things that he can desire And in a Letter to Father Le Chaise Confessor to the French King he says That His Royal Highness was convinc'd that His Interest and the King of France 's were the same And whether he ever thought fit to change his Mind since his Accession to the Crown his own Actions will better declare than any Gloss of mine In this State of Amity Things continu'd between the French King and the Duke of York till he was King And when the Prince of Orange's Fleet was preparing for his Noble Expedition into England they seem'd to rest on the same Foot for Monsieur le Comte d' Avaux the French King's Ambassador at the Hague in a Memorial to the States General acquaints them That his Master knowing the great Preparations for War that their Lordships were making both by Sea and Land was not without some Design form'd answuerable to the greatness of those preparations and his Master believing that it threaten'd England he had Commanded him to declare on his part that the Bands of Friendship and Allyance between him and the King of Great Britain will oblige him not only to assist him but also to look upon the first Act of Hostility that shall be committed by your Troops or your Fleet against his Majesty of Great Britain as a manifest Rupture of the Peace and a Breach with his Crown To this Memorial the States of Holland gave Answer That they Arm'd after the Example of their Neighbours to be ready upon Occasion 'T is true the French Ambassador does not mention the League in express words yet he gives very shrewd Hints that there was some such thing as a League or an Equivilent between the two Crowns and so the States of Holland took it For in their Answer to the English * The Marquiss d'Arbaville Ambassadors's Memorial their Lordships tell him That they were long since fully convinc'd of the Allyance which the King his Master had treated with France and which has been mention'd by Mr. Le Comte d'Avaux in his Memorial The Industry and Care that has been us'd to stifle this League does also
As for his Departure out of the Kingdom tho' I have already prov'd it was a Plot of his own laying in hopes to Involve the Nation in greater Confusions than his own Conduct had already reduc'd it to yet in this Case 't is not material whether it was Voluntary or Involuntary since his Withdrawing himself was but a Continuation of his former Actings wherein he declar'd he would not govern by those Laws that made him King of England and was an express Renunciation of his Regal Authority To say that Abdication implies a Formal Renunciation by Deed is to mistake the Case for in the Common Law of England and in the Civil Law and in Common Acceptation there are Express Acts of Renunciation that are not by Deeds * Debate between Lords and Commons pag. 35 36. The Government and Magistracy are under a Trust and Acting contrary to that Trust is a Renunciation of that Trust tho' it be not a Renouncing by a Formanl Deed for it is a plain Declaration by Act and Deed tho' not in Writing that he who hath the Trust and acting contrary is a Disclaimer of the Trust especially if the Actings be such as are Inconsistent with and Subversive of this Trust For how can a Man in Reason or Sense express a greater Renunciation of a Trust than by the constant Declarations of his Actions to be quite contrary to that Trust and therefore must be constru'd an Abdication and Formal Resignation of it That a King may Renounce his Kingship may be made out by Law and Fact as well as any other Renunciation And that it may and hath been will be no Difficulty to to make out by Instances in all Countries not only where the Crown is or was Elective but also where it was Hereditary and Successive * Debate aforesaid p. 76. If a King will Resign or Renounce he may do so as particularly Charles the First did 'T is an Act of the Will and consequently in his Power to do as he thinks fit And the late King gave manifest Declarations of his Resolutions to do it in several Instances as has been particularly shew'd already Grotius and all other Authors that treat of this Matter and the Nature of it do agree That if there be any Word or Action that does sufficiently manifest the Intention of the Mind and Will to part with his Office that will amount to an Abdication or Renouncing Now had King James the Second came into †Idem p. â—7 â—8 an Assembly of Lords and Commons in Parliament and expressed himself in Writing or Words to this purpose I was born an Heir to the Crown of England which is a Government limited by Laws made in full Parliament by King Nobles and Commonalty and upon the Death of my last Predecessor I am in Possession of the Throne and now I find I cannot make Laws without the Consent of the Lords and Representatives of the Commons in Parliament I cannot suspend Laws that have been so made without the Consent of my People This indeed is the Title of Kingship I hold by Original Contract and the Fundamental Constitution of the Government and my Succession to and Possession of the Crown on these Terms is part of that Contract This part of the Contract I am Weary of I do Renounce it I will not be oblig'd to observe it I will not execute the Laws that have been made nor suffer others to be made as my People shall desire for their Security in Religion Liberty and Property which are the two main Parts of the Kingly Office in this Nation I say suppose he had so express'd himself doubtless this had been a plain Renouncing of that Legal Regular Title which came to him by Descent If then he by particular Acts such as are enumerated in the Vote of the Convention of the 27th of January he has declar'd as much or more than these Words can amount to then he has thereby Declar'd his Will to Renounce the Government He has by the Acts before-mention'd manifestly declar'd that he will not govern according to the Laws made nay he cannot do so for he is under a strict Obligation yea the strictest and Superiour to that of the Original Compact between King and People to Act contrary to the Laws or to Suspend them This did amount to a manifest Declaration of his Will that he would no longer retain the Exercise of his Kingly Power as it was Limited and Restrain'd and sufficiently declar'd his Renouncing the very Office And his Actings declar'd quo Animo that he went away because he could no longer pursue nor accomplish what he design'd and was so strongly oblig'd to that the Splendour of three Crowns could never divert him from it It was an Abdication in the highest Instances Not a particular Law was violated but he fell upon the whole Constitution in the very Foundation of the Legislature Not only particular Persons were injur'd but the whole Frame of the Kingdom the Protestant Religion and our Laws and Liberties were all in danger of being Subverted And which aggravates the Circumstances the late King himself who had the Administration Intrusted to him was the Author and Agent in it And when he cold no longer afflict us himself went away with Design to obtain Foreign Forces to compel our Submission to his Arbitrary Power Now because the late King had thus Violated the Constitution by which the Law stood as the Rule both of the King's Government and the People's Obedience therefore it was judg'd an Abdication to all Intents and Purposes and that by his Abdication the Throne became Vacant Nothing less than Things grown to such Extremities could warrant these Proceedings for God forbid every Violation of the Law or Deviation from it should be accounted an Abdication of the Government The Thoughts of such a Severity upon * Debate between the Lords and Common pag. 86. Crown'd Heads is abhorr'd by all Good Men. For when a King breaks the Laws in some few particular Instances it is sufficient to take an Account of it from those Ill Ministers that were Instrumental in it Why such a thing was done contrary to Law Why such a Law was not put in Execution by them whose Duty it was to see it done In Ordinary Cases of Breaking the Laws you have Remedy in Ordinary Courts of Justice and in Extraordinary Cases in the Extraordinary Court of Parliamentary Proceedings But in our Case where we were left without Redress the Malefactor being both a Party and Judge of his own Breaches of Law made Extream Remedies absolutely necessary and has been always practis'd upon the like Emergencies For The Great Council or Assembly of the Estates of this Kingdom from the first Institution of the Government had an Inherent Right to Assemble themselves in all Cases of Necessity such as Abdications Depositions Disputable Titles to the Crown Setling the Successions and to supply the Vacancy of the Throne as the
Injury So that the Inference from these Premisses will utterly overthrow the Objection of our Adversaries in favour of the late King James For if a Patron that out of a Principle of Cruelty exposeth the Life of his Slave makes a Forfeiture of his Property in him much more may a Prince for the same Reason forfeit all his Interest in his Free-born Subjects And if a Natural Father who seeks the Destruction of his Son does therefore lose all just Claim to that Son's Obedience much more may a Prince who is but a Casul Political Father and is invested with that Relation only by Agreement and Compact may a Fortiori for the same Reason make a just Forfeiture and lose all just Claim to the Obedience of his Political Children So that the Convention of the Estates Assembl'd at Westminster in Deposing the late King and conferring the Crown upon our Gracious King William the Third have done nothing against the late King James but what they were necessitated to do and what they are justify'd in doing by the greatest Authorities in the Christian World At the late King 's Going off and making no manner of Provision for the Administration of the Government the Nation seem'd to be in the same Condition they were in when the Original Contract was first made and the same Care was requisite to settle the Distracted Affairs of the Realm under that Confusion wherein he left it as if we never had been bless'd with any Settlement at all and consequently the Convention upon the Vacancy of the Throne had Power to Model Things as the present Circumstances of the Publick exacted without being confin'd to the Presidents of former Ages and yet so great was the Modesty of that Venerable Assembly and their Care to prevent Innovations that they did nothing but what had been already done upon the like Occasion many Hundred Years before How the Clergy the Barons and the Commons deported themselves towards King John five Hundred Years ago and Deposing him and Electing Lewis of France I have already acquainted you and therefore shall say no more here than that the Grounds of their Proceedings were for Re-gaining those Franchises that were notoriously invaded by that Arbitrary Prince and are contain'd in the Great Charter of England King Edward the Second tracing the same Arbitrary Methods the Barons send him word That * Trussell 's Hist p. 2â—6 unless he put away Peirce Gaveston that corrupted his Counsels and squander'd his Revenue and also addicted himself to Govern by the Laws of the Land they would with one Consent Rise in Arms against him as a Perjur'd Person And so they did and Beheaded his Minion Gaveston notwithstanding the King 's earnest Sollicitation for his Life The same Fate attended the Spencers And a Parliament being call'd without his Consent at length himself was Depos'd who confess'd the Sentence of his Deposition was just that he was sorry he had so offended the State as they should utterly Reject him but gave the Parliament Thanks that they were so * Trussell 's Hist p. 218. gracious to him as to Elect his Eldest Son their King King Richard the Second being laps'd into the same Misfortune of Affecting a Tyrannical Government the Lords and Commons declare unto him then at Eltham That †Knighton An. 1386. in case he would not be govern'd by the Laws Statutes and Laudable Customs and Ordinances of the Realm and the Wholsome Advice of the Lords and Peers but in a Head-strong Way would exercise his own Will they would Depose him from his Regal Throne and promote some Kinsman of his of the Royal Family to the Throne of the Kingdom in his stead But this Warning having no Effect at length a Parliament is Call'd without the King's Consent or Approbation by Henry Duke of Lancaster They requir'd him to Resign his Crown which tho' he condescended to and actually perform'd it as directed yet the * Trussell l. 2. p. 43. Parliament then Sitting thinking this Abdication not sufficient to build upon because the Writing might be the Effect of Fear and so not Voluntary and Spontaneous they thereupon proceed to a Formal Deposition in the Names of all the Commons of England upon the Articles Exhibited against him which consisted of Twenty nine Particulars and the greatest part of them relating to the Affairs of that Time in which this Age is not concern'd I have contracted them into a narrower Compass than in the Trussell's Hist Original without omitting any thing that is material and are what follows viz. That King Richard the Second wasted the Treasure of the Realm That he Impeach'd several Great Lords of High Treason that Acted for the Good of the Kingdom by Order of Parliament That he perverted the Course of Justice and took away the Lives and Estates of certain Noble-Men without Form of Law That he affirm'd All Law lay in his Head and Breast and that all the Lives and Estates of his Subjects were in his Hands to dispose of at pleasure That he put out divers Knights and Burgesses Legally Elected and put in others of his own Choice to serve his Turn That he Rais'd Taxes contrary to Law and his own Oath And Banish'd the Archbishop of Canterbury without Just Cause or Legal Judgment pronounc'd against him For these Reasons he was formally Depos'd by Parliament who at the same time Consented that Henry Duke of Lancaster should be Crown'd King tho' the Right of Blood was in Edmund Earl of March because now Henry the Fourth had signaliz'd himself in Delivering the Nation from the Tyranny of Richard the Second And after the same manner tho' with a more Free and Absolute Election proceeded the late Convention of Estates in Deposing James the Second and filling the Vacant Throne with our present Monarch William the Third who under God was the Glorious and Happy Instrument of Freeing England from the Tyranny of the late King These Proceedings I have already prov'd to be consentaneous to all Laws And to confirm it shall only add That amongst all the Unfortunate Princes that have been laid aside by their Subjects none were more justly Dethron'd than James the Second We read of some Princes that were Depos'd because they were Infected with the Leprosie but I think none will pretend that Leprosie under the Law was as Incompatible with the Government as Tyranny and Setting up of Idolatry was at this Juncture for that Disease was not in the power of Oziah to help but Tyranny was the Efflux of the late King 's Arbitrary Will and the Gratification of his Sensual Appetite Besides Leprosie is but a Disease in the Body but Tyranny in the Soul Leprosie was but a Ceremonial Evil but according to this manner of Speaking Tyranny is a Moral Evil. Leprosie does but infect Tyranny destroys King Childeric of France was Depos'd for Slothfulness and neglecting the Affairs of the Kingdom and it it must be acknowledg'd this shameful
Brackly was mended by the Addition of the Rich Parsonage of Burton on the Wold in the same County Nor did the Reward of this Service extend only to Sybthorp but slew a Cathedral Height for Dr. Abbot Archbishop of Canterbury refusing to License this Sermon to be Printed was soon after Suspended from his Bishoprick and Dr. Laud that did License it being then Bishop of St. Davids was Translated to London and afterwards to the Metropolitan See of Canterbury Nay so strong run the Tide of Preferment then in this Corrupted Channel that few Divines or Common or Civil Lawyers were preferr'd to any considerable Place either in Church or State that did not in the Pulpit and on the Bench vigorously maintain these Novel and Destructive Opinions to the Scandal of their Functions and intended Ruin of the Kingdom To this Doctrine must be ascrib'd the Mischiefs of all former and later Reigns under the Protection of which any King may play the Tyrant without Control tho' it often proves Fatal to him that lays the Train And so it happen'd to Charles the Second for no sooner had his Unlimited Power been so Strenuously Asserted that he was come to give the finishing Stroke but his Death seem'd Necessary and Seasonable to make way for the Duke of York to open the Execution of the Grand Design in a bare-fac'd Subversion of the Religion and Laws of England At the Beginning of the Restoration so great an Opinion was conceiv'd of His Highness the Duke of York that his partial Admirers would suffer no Man to Insinuate his being Reconcil'd to the Church of Rome but set him up under all the Noble Qualities that might render him Acceptable to a Credulous People not only as Merciful in his Temper Just in his Dealings and endu'd with all Gracious Inclination to our Laws and the Rights of the Subject but for one Orthodox in his Religion too and who would prove a Zealous Defender of the Doctrine Worship and Discipline of the Church as Establish'd by Law In this Persuasion they continu'd some Years and tho' he had at length withdrawn himself from all Acts of Fellowship with the Church of England Refus'd the Test injoin'd by Law for distinguishing Papists from Protestants had Resign'd his Office of Lord High Admiral stood Excluded from the House of Lords and that so many Parliaments had eadeavour'd to Exclude him from Succession to the Crown because he had Revolted to the See of Rome and thereby became Dangerous to the Establish'd Religion yet all this would make no Impression upon a Wilfully Deluded and Obstinate Sort of Protestants but in Defiance of all Means of Conviction they would persuade themselves that he was still a Zealot for our Religion and a great Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he openly declar'd himself to be a Papist and afterwards in the Fumes and Raptures of his Victory over the late Duke of Monmouth had discover'd and proclaim'd his Intentions to overthrow both our Religion and Laws Yea so closely had some seal'd up their Eyes against all Beams of Light and harden'd themselves against all Evidences from Reason and Fact that had Success attended the Duke of Monmouth's Arms the late King had gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his being a Papist would have preserv'd the Reform'd Religion and maintain'd the Church of England in all her Rights and Grandures And tho' his whole Life had been but one continu'd Conspiracy against our Civil Liberties and Privileges he had left the Throne with the Character and under the Esteem of a Prince that in the whole Course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Aditum nocendi perfido praestat fides Sen. in Oed. Act. 3. Scen. 1. So Simple Truth does her fair Breast Disarm And gives Base Treachery a Power to Harm King Charles being now Dead the late Duke's Expectations Answer'd and his Ambition gratify'd with a Crown at his first coming to it he endeavour'd to Confirm some and Gain other of his Subjects into a good Opinion of him and their own Happiness under his Government And therefore in his first Speech to the Parliament declar'd so much Tenderness for them and such a Dear Respect for the Preservation of their Liberties that the Cajoll'd Parliament from an Excess of Satisfaction shew'd as much Affection for him as ever Parliament did to a Prince of their own Religion and gave Money till he himself put a stop to the profuse and excessive Expressions of their Satisfaction It must be granted that the Lives of some Professors are not so bad as the Consequences of their Erroneous Opinions and it was charitably thought by the Parliament that the late King James tho' a Papist would not Govern so Arbitrarily as the Encourag'd Doctrines of the Age gave him Leave to do But when they saw their Errour and perceiv'd that Popery and Arbitrary Power were never to be parted that the Monks and Friars Enter'd to Act in their proper Habits that Seminaries were set up in several Places and Houses fill'd with these Religious Furies that the Laws being in the late Reign betray'd into his Hands he unmercifully Stabb'd and Dispatch'd them and that his Antecedent Oaths and Promises were all come to nothing how it fill'd them with Resentments for his having thus Abus'd their Credulity Deceiv'd their Expectations and Reproach'd their Gloryings and Boastings of him But alas it was then too late to seek a Remedy for those Evils that an Easie Belief and a Fond Compliance with Empty Popish Promises had brought upon us Now we Feel what we would not See and Prevent at a Distance Quid nobis certius ipsis Lucret. Sensimus esse potest quo vera ac falsa notemus And what thing can there be more sure than Sense By which we Truth discern from false Pretence We smarted under our own Rod and had plenty of miserable Occasions for the Religious Exercise of that fatal Duty Passive Obedience Our Satisfactions in our New King were vanish'd and the Hopes of living happy Subjects under him were sunk into Apprehensions of Approaching Slavery A general Consternation fell upon the whole Body of the People and the very Tools that assisted the late King in subverting their own Religion and the Civil Rights of their Brethren were afraid in so Universal a Calamity that themselves should also feel the sad Effects of that Thunder with which they had Arm'd their Tyrant In how happy a Condition was James the Second before he violalated his Oaths and Promises and so might have continu'd if he could have prescrib'd any Limits to his Desires of Reigning more Absolutely than the Laws of the Constitution would allow him He had all things at pleasure to make him Great among his own Subjects
own Will should prescribe to it By virtue of this Unlimited Power he brought a Jesuit into the Privy-Council made a Profess'd Papist Secretary of State constituted two Popish Judges and fill'd up many of the most Important Offices and Places of Trust and Profit in the Kingdom with Papists such as Sheriffs Justices of the Peace Mayors of Cities and Corporations and Officers in his Army And that he might be able to gain his Point and force those that refus'd to comply voluntarily he put the Tower of London the great Magazin of England and Keeper of the Regalia into the Hands of Sir Edward Hales as Rank and Sowr a Papist as ever our Soil produc'd and fill'd all the Vacant Places of his Army with Popish Officers By the same Authority he granted an Ecclesiastical Commission gave Four Popish Bishops Power to visit several Districts in England plac'd a Society of Jesuits in the Savoy and erected Popish Schools and Mass-Houses in most of our Cities and Corporations And Lastly To annoy his Subjects and force his Way through all Difficulties in Times of Peace kept a Standing Army 'T is needless to tell the Reader that these Proceedings were contrary to the Laws of the Land and wholly Inconsistent with them for there are very few or none but know it already in general Terms I shall therefore apply my self to shew you how it was against Law and what would have been the Consequences of this Unlimited Power if the late King had continu'd longer amongst us And this brings me to shew you his particular Actions To feel the Pulse of England and try how they Resented his Proceedings the late King commonly began the Exercise of his Arbitrary Power in Scotland and from the Measures that were taken there we might take a Prospect of his Tyranny and our own Calamities for tho' he shew'd us his Designs under the Soft Title of Dispencing in Scotland he threw off that Vizor and explained himself in calling it Vide Scotch Declaration Annulling and Disabling Laws And to shew all the World his Arbitrary Ends he gave such a Specimen of his Single Unlimited Power there that he attempted to do more in that Kingdom which as well as ours is a Limited Monarchy than the United Power of King Lords and Commons together were able to do and that was by imposing an Oath on that People contrary to Law in these Words You shall swear to the utmost of your Power to Defend Assist and Maintain the King and his Successors in the Exercise of their Absolute Power And this I take Leave to say the King and Parliament could not impose upon the Subject because it was in it self a Subversion of the Constitution as being an Obligation to support a Power destructive to the whole Frame of the Government This Caprichio of the late King James was the Master-piece of all his Jesuited Counsels and the Finishing Stroke of an Eternal Vassalage for this Oath was created by his Arbitrary Power and his Arbitrary Power was to be supported by this Oath and both must grow together and run in an Endless Circle to the utter Extinction of all the Remains of our Natural Liberty or Legal Government And what was done in Scotland we have Reason to believe in its Course must have been exercis'd in England also the late King having no more or other Authority in one Kingdom than he has in the other and both then govern'd by the same Arbitrary Maxims and Popish Ministers In England the late King assuming a Dispensing power Usurp'd the whole Legislative Authority into his own Hands for to Dispense with Laws is as great a power as to make them and by the exercise of it invested himself with a power as great if not greater than that of King and Parliament together who can joyntly but not severally give any Resolve the Authority of a Law The pretences to justifie this Action was that he might have the assistance of all his Subjects and that the Papists having been equally Loyal to his Progenitors they might not be discourag'd by legal Discriminations This was but a light pretence tho' part of the Intrigue for his dispencing power was chiefly directed to another and more considerable purpose From the latter end of King Charles's Reign the Press was loaden with Pamphlets and City and Country fill'd with invectives against Parliaments as unnecessary Wenns in the Government that were fit to be cut off that the Royal Authority might be without any Legal or Pecuniary Restraint or Limitation Now the Dispencing Power would do this Work effectually for it put the whole Legislative Authority into the King's Hands and made Parliaments Useless and signifie Nothing For this End was it set up And the Employing Papists that were Unqualify'd by Law was for no other End but to support the Dispencing Power till it had accomplish'd what was intended by it Protestants could not be suppos'd to engage in this Design for the Law was made in their Favour and was their Security against Romish Persecutions and Depredations and therefore the late King would bring Papists into the Government to whom the Laws were Enemies that in requital they might be Enemies to to the Laws and stick at nothing to support their King's Power that made them what they were and would only continue them in their Advantageous Stations So that if that King should gain his Point there seem'd a kind of Mutual Necessity for the late King to Introduce Papists and for Papists to execute his Orders or the Power and the Officers would sink into their Original Nothing But the Snare is broken and we are Deliver'd Strong Desires are the Common Temptations to the Use of Ill Means and never did any Man grasp at the Power to do Mischief without the Purpose If ever there have been such mysterious Riddles of Irregular Vertue yet James the Second never gave any Instances of it for it plainly appear'd in him how effectually the Temptation of Unlimited Power work'd in his Ambitious Humour He never thought any thing Enough till he had ingross'd a Power to Ruin All and turn Old England into a Wilderness of New Confusions By this Dispencing Power he at once suspended above Forty Statures relalating to our Religion and the next Week by the same Arbitrary Power might have suspended Forty more that secur'd our Civil Properties likewise for he had no more Right to do the one than the other and so might have gone on to the End of the Chapter till he had Abrogated all the Laws in the Statute-Book and acted here as afterwards Doctor King tells us he did in Ireland * State of Ireland p. 92. Seize Men's Goods for his own Use by a File of Musqueteers or at best by his own Warrant without any kind of Legal Process and to which he had no other Claim but that he wanted them Now if this be not Tyranny nothing in the World can merit that Appellation and therefore
give cause to suspect it For the Revoking and Imprisoning Sir Bevel Skelton the English Agent in France upon a Supposition that he had talk'd of it and Rewarding him afterwards with the Lieutenancy of the Tower are plain Contradictions and therefore the English and Dutch had reason to believe the League and Insist upon it when the French themselves had discover'd it Now compare all this with Mr. Coleman's Letters and the barbarous persecutions of the French Protestants so tragically carried on in France and which were also going on to be Imitated in England at the same time that the French Memorial was deliver'd and you will have all the Reason in the World to to continue your belief of it for the greater security of England Thus have I given a brief Survey of the late King's Tyranny in Matters of publick Fact as the natural consequence of his Espousing and Advancing the Popish Religion upon the Ruins of the Reformed I must now acquaint you what Course the Nation took to procure their Deliverance Who seeing themselves Involv'd in such deplorable Circumstances Gaul'd under the Yoke of Papistick Tyranny Afflicted at the dismal prospect of being depriv'd of the Exercise of their Establish'd Religion and the loss of their Civil Properties and Privileges After they had ineffectually imploy'd all Dutiful and Obliging Methods to Reclaim the King and waited till England was on the Brink of Destruction before they would assume their Natural Right and Defend themselves God Almighty who from Heaven beheld their approaching Calamities put it into the Hearts of some thoughtful Persons of all Qualities Degrees and Conditions in the Kingdom to make their humble Application to the Illustrious Prince of Orange who as a Soveraign Independant Prince nearly allyed by his own Blood but nearer by his Virtuous Princess to the Crown of England and a Protestant in his Religion had an undoubted Right to interpose between the late King and his injur'd Subjects and according to his own Benignity and the Example of his Illustrious Progenitors Defend and Deliver an oppress'd People Divine Providence having thus prescrib'd the Means of our Deliverance some good Men whose Names ought to be Celebrated with Eternal praises found a way maugre the danger that attended it to Address this magnanimous Prince Lay the Complaints and Dangers of the Kingdom before him and Implore his Gracious Aid and Effectual Assistance to Free a Languishing people from inevitable Ruin promising to Live and Dye with his Highness in so Glorious an Enterprize Animated by his known Piety and Christian Compassion his Native Heroick Bravery and the Prayers and Necessities of a miserably Harrass'd and almost Ruin'd Kingdom he was pleas'd to undertake our Deliverance and to the Goodness of God and this Great Prince's Wise and Valiant Conduct only We owe that Mercy for tho God can work miraculously for the Accomplishment of his own Will yet in Human Reasoning no other Prince but our now Gracious King was qualify'd to undertake it For He is a Prince of a Ripe and Excellent Apprehension of a strong and profound Judgment has a Right Notion in all Ambiguities and is not easily Impos'd upon by the Sentiments of others Able to Determine in all Occurrences by the strength of his own Genius and yet never unwilling to hear the Opinions of his Counsellors Deliberate in his Resolves and Firm in his Purposes Undaunted in Dangers and of a steddy Conduct in Security That knows how to gain Power and how to make it Pleasant and dureable by the Regular use of it as appeared to all the World in the Upright and Discreet management of this Great and almost Miraculous Revolution The States of Holland accommodated the Prince of Orange with Shipping and other Necessaries for this glorious Expedient and meritted our eternal Gratitude but having met with ill Returns * Dutch Design Anatomized from some Mercenary Pens I shall take off the Scandal and Reproach they have thrown upon that Action by shewing it Kind Grateful and Justifiable to all the World There are many Considerations that justify the Interposition of the States of Holland and the first is That 't was to preserve the Peace of Europe for all their Neighbouring Princes perceiving the growing power of France to threaten the Welfare and Quiet of Christendom and that the Obsequious compliance of the late King James in all the Proceedings of that Towering Monarch as well as Monsieur le Comte d'Avaux's Memorial shew'd a dangerous Allyance between those Two Crowns the Princes of Europe and the States of Holland enter'd into a Confederacy to prevent the Conjunction of the Armies of these two Princes and save Europe This memorable Concurrence happening about the same time that the Prince of Orange had promis'd to Assist the People of England in Redressing their Grievances and Restoring them to their Just Rights and Privileges Whilst the Prince of Orange was doing that Good Office in England the other Princes in the League watch'd the the Motions of France and made them uncapable of helping each other and so the Emperor of Germany the Pope himself and the rest of the Confederate Princes as well as the States of Holland were in the same design against the late King James as the only means to preserve the peace of Europe Besides in this Generous Action the States of Holland writ after an English Copy and express'd their Gratitude for the same Good Office the English did them on the like occasion * Hist Belg. p. 203. when the Spaniards threaten'd not to leave a Protestant alive in Holland Those Provinces are of the same Religion with us and when they saw our Prince had form'd Designs to make us all Papists or Destroy us even Humanity oblig'd them to succour us when the whole Nation so apparently wanted it but the best Reason for what they did except those of common Christianity is given by themselves as I find it in an Extract of the Resolutions of the States of Holland upon the 28th of October 1688. where among other Reasons for Assisting the Prince of Orange with a Fleet and an Army this is one The King of France say they hath upon several Occasions shew'd himself disaffected to that State which gave Cause to fear and apprehend that in case the King of Great Britain should happen to obtain an Absolute Power over his People that then both Kings out of Interest of State and Hatred and Zeal against the Protestant Religion would endeavour to bring that State to confusion and if possible quite subject it There is no question but this Wise and Prudent State saw our Ruine would in time prove their own also and Foreseeing and Preventing it will Justify them before God and all the World Now to shew that other Princes were of the same Opinion with the States of Holland and saw the Designs of the F. K. and the late King James threaten'd the Peace and Safety of Europe Let us take a
in-Law could counter-balance so many Great and stupendious Interests or the Sacred and Inviolable Obligations that ingaged him to God and the publick good of so many Millions of Souls that depended on it Every Prince of the Royal Blood of England is in Right of that Blood oblig'd to regard England as his Own Country and to take care of the Inhabitants over whom he has a Right to Reign that the Demeans of the Crown be not Wasted nor the Subjects Injur'd and the nearer he approaches the Succession the greater is his Obligation to Defend them from Violence and his Country from Ruin to which Country next unto his God * Chari sunt parentes chaâ—â—i liberi propinqui familiares sed omnes omnium charitates Patriae una complexa est pro qua quis bonus dubitet mortem oppetere fi ea sit profituturus 〈…〉 and before all other Relations whatsoever he stands Particularly and Religiously concern'd for its Peace and Preservation His Highness the Prince of Orange could not neglect it now in common Prudence without manifest prejudice to his Right of Succession for the People of England by applying to his Highness had not only Recognized his Right to the Succession but also acqaainted him in their Memorial that if he refused them Succor under their present Ill Circumstances they would Assume their own Right and Free themselves and how far their Resentments of such a Slight might have Transported them is not easy to imagine Now altho the Reasons alledg'd are sufficient to shew the Justice of the Prince's Interposing between the late King and his Subjects yet I shall shew also that it is justified by many Presidents and where the Emergencies were not so considerable as ours nor their Titles to the Government so Incontestable as the Prince of Orange's was to the Crown of England who yet are Celebrated in History for their great Atchievements on such Occasions Constantine's quarrel with Maxentius * Eusebius Eccl. Hist p. 268. had no other ground and that was enough than that Maxentius Tyranniz'd over the Romans for which Constantine Invaded him Slew him and was receiv'd by the Romans as their Deliverer As remarkable was his Raising War against his Brother in Law Licinius because he persecuted the Christians for which when he had overcome the Tyrant the Christians plac'd him on the Throne in Licinius's Room and Historians have Celebrated his Name as a most Holy and Generous Champion in the Cause of Christ and their Country Constantine the Younger Son of Constantine the Great threatned his Brother Constantius with a War and made him desist from persecuting the Catholick Bishops and forc'd him to Restore Athanasius to his Bishoprick of Alexandria The like was done by King Pipin and Charles the Great against the Lomlards and by all the Christian Princes against the Turk in the Holy War To come nearer our own times Queen Elizabeth gave a Powerful Aid to the Hollanders * Vid. English Chron. and Hist of her Life against the Tyranny of the Spaniards King James the First * See his Manifesto 16. and K. C. Declaration on that Subject on the behalf of the Prince Palatine against the Emperour of Germany King Charles the First assisted the Rochellers with a Fleet and an Army against the French King in the cause of Religion and was incouraged to it by several of his Bishops and 't was always look'd upon as a great Blemish on the Reign of King Charles the Second and gave suspicion of his being in the Popish Interest that he suffered the F. K. to proceed so far in destroying his Protestant Subjects without such a seasonable Interposition as might have prevented it or gain'd an Opportunity of making his Reign glorious and his Kingdom easy by a War which in all probality would have brought that Monarch into better Terms for the Advantage of Europe So that from the Reasons aforementioned and the Presidents now alledg'd his Highness's Expedition to Rescue an Injur'd People from the Tyranny of Arbitary Power was one of the most Generous and Pious Enterprizes that any Age has acquainted us with and that the Good of this Nation was the only motive that gave birth to this undertaking see it in the Words of his Highnesses own Declaration Since the English Nation has always testified a most particular Affection and Esteem both to our Dearest Consort the Princess and to our selves we cannot excuse our selves from Espousing their Interests in matters of such high Consequences and from contributing all that lies in us for maintaining both of the Protestant Religion and of the Laws and Liberties of those Kingdoms and for the securing to them the continual enjoyment of all their just Rights to the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal and by many Gentlemen and other Subjects of all Ranks Therefore it is that we have thought fit to go over into England and to carry over with us a Force able by the Blessing of God to defend us from the Violence of those Evil Counsellors and we being desirous that our Intentions in this may be rightly understood declare that this our expedition is intended for no other design but to have a free and lawful Parliament assembled as soon as is possible and that in order to this all the late Charters by which the Elections of Burguesses are limited contrary to the Antient custom shall be considered as Null and of no Force and likewise all Magistrates who have been unjustly turn'd out shall forthwith Resume their former Imployments as well as all the Boroughs of England shall return again to their ancient prescriptions and Charters and that the Writs for the Members of Parliament shall be addressed to their proper Officers according to Law and Custom That also none be suffer'd to choose or to be chosen Members of Parliament but such as are qualified by Law and that the Members of Parliament shall meet and sit in full freedom that so the two Houses may concur in preparing such Laws as they upon full and free debate shall judge Necessary and Convenient both for the confirming and executing the Law concerning the Test and such other Laws as are necessary and convenient for the security and maintenance of the Protestant Religion c. Thus his Highness was pleas'd to declare his intentions with which the Nation was so Intirely satisfied that they conquer'd all that Read or heard them insomuch that many Persons of Quality and others met his Highness at Exeter put themselves under his Conduct and many other Lords and Great Men who had rais'd Forces in all parts of the Kingdom to strengthen the Prince's Expedition were marching with all speed to joyn his Highness's Troops And now A War being ready to break forth in the Bowells of the Kingdom several Spiritual and Temporal Lords in an humble Petition to the late King advise him in order to Redress the Grievances
Example of former Times and their own Prudence should direct them And truly it would be very absurd to imagin that the Legislative Power was so streighten'd that it had no Right to provide against Unforeseen Accidents that might happen or that where the Old Laws seem'd opposite to the publick Good or were wholly silent as not foreseeing every extraordinary Event they could not supply that Defect by making * Quae de novo cinergunt novo indigent auxilio New Ones that might reach the present Circumstances of Affairs or Extend and Explain the Old ones as the Necessity of the State requir'd Laws themselves in time may grow pernitious and tho' well intended at their first Promulgation as Things might after happen would be dangerous to be Retain'd Therefore on all such Occasions the Assembly of Estates have an Indubitable Right to wave the Letter of the Law and explain them or make New ones according to Equity that is according to what the precedent Legislators would have done if they had Foreseen what then had come to pass Private Persons are oblig'd to observe the Letter of the Law but Publick Estates are not under such a Confinement but for the Safety of the Nation must respect the Intention of the Law because the Letter of the Law by Length of Time or a General Corruption of Manners may seem to thwart the Common Interest but the Intention of the Law always respects the publick Good and is never against it This is done every Day in Courts of Equity and ought never to be omitted for the Preservation of a Kingdom where Laws Unrepeal'd and whose Consequences were not dreamt of seem to make Tyranny Lawful And therefore the Convention of Estates in Shutting the Door against James the Second and making it fast after him by an Act of State who had first excluded himself and setling the Government on the Foot it now stands did no more than Assert their own Right and prevent the Mischiefs that have attended the Mis-construction of the Intention of some Laws in Force Now that the Estates of the Kingdom have such a Right is Incontestible in the Opinion of our Adversaries yet they deny that the Convention had such a Power because they were not Conven'd by the late King's Authority A frivolous Objection and returns upon the Head of that deluded Faction For This Defect if it were one was not the Nation 's Fault but lies wholly upon the late King He was Sought to Address'd and Petitioned to Call a Parliament It was the great Importance of the Prince's Declaration He often promis'd it and by Proclamation made a Feint of keeping his Word yet at last burnt the Writs and declar'd positively he would not do it Could the Nation compel him to do what he would not Must the Kingdom be Ruin'd for want of a Formality that was not in their Power to compass Must a Glorious Opportunity of Settling the Kingdom be lost for want of a Punctilio that yet was answer'd in the Intent of it Must the Nation be be blam'd for helping themselves when the late King refus'd it No this would be very loose Reasoning and the Thread is of too course a Spinning to pass upon the Thinking Part of Mankind Had they Objected against the Qualification of the Members the Want of Freedom in their Election or shew'd any Unreasonableness in the Action they had said something worthy of Answer but since they could not I shall go on and prove it Just Necessary and Agreeable to the Practice of All Nations The Laws of God Nature and Nations justifie the Deposing of a Prince whose Arbitrary Government is not only Inconsistent with but Destructive to the Kingdom over which he Presides To name no other Instances in the Old Testament Rehoboam and Jeroboam are Examples of Divine Vengeance for their Tyranny and their Stories are Argumentative The Jews asserted the Lawfulness of Resisting and Dethroning their Kings in many Cases * Joseph l. 4. c. 8. especially in their Wars with Antiochus Epiphanes and the †St. Aug. libr. cont Adem 1.17 Christians follow'd those Examples without thinking their Religion oblig'd them by a Childish Submission to yield up their Natural and Legal Rights and consent to their own Ruin How unreasonable would it be to imagin that a whole Kingdom should deprive it self of the Right of Deposing a Tyrant and preserving themselves since * Principio generi animantium omni est à Natura tributum ut se vita corpúsque tueatur declinétque ea quae noscitura videantur Cicero de Offic. Nature has communicated this Right to all Rational Creatures together with their Being which they can neither give away themselves nor can be justly taken from them by others as I have already prov'd in part and shall do it beyond Contradiction in the following Pages and therefore shall descend to shew you that the Deposing the late King is Warranted by the Practice of other Nations as well as our own in Former Ages The Power of the Emperor of Germany is Limited in many Particulars He cannot alter their Fundamental Laws nor make the Empire Hereditary and the College of the Princes Electors may Depose him for Male Administration as they did Lewis the Good in the Year 833. Which Act was always look'd upon as the Right of the Empire in the Opinion of the German Lawyers and so is transmitted to Posterity be the best of their * Lampadius Diderick Conring Lambert Schafnaburg Aventin l. 7. Annal. Cuspin in Vita Wincesl Carpsor de Leg. Reg. Imperat Germaniae Imperial Capitular Writers One of the Charges against Lewis was that he had broken his Coronation-Oath and Rul'd by Maxims of his own contrary the Establish'd Laws of the Empire The Estates of the Empire also at another time Warr'd against the Emperor Henry the Fourth for the same Cause and at length Depos'd him in a Solemn Assembly A later Instance of the same People was in Deposing Wenceslaus in the Year 1400. And he that will give himself the Satisfaction of Reading the Articles Exhibited against him by the Electors of the Empire will be tempted to think that James the Second had transcrib'd them as the Rules of his Despotick Government they agreed so exactly with it from the Beginning to the fatal End of it The Monarchical Government of Poland being extinct at the Death of †Cromer King Lech it was chang'd by the States into a Government of Twelve Palatins who abusing their Authority were all Depos'd and Lesko Elected King and he withdrawing himself out of the Kingdom to secure himself against the Fury of the Tartars was for that Reason Depos'd and a new King Elected So was Henry the Second Duke of Anjou depos'd by the Poles by the Government of Poland for leaving that Kingdom And the great States-man Bodin tells us 't was expresly inserted as a Condition in that King's Coronation Oath when he was Elected
King of Poland that if he broke his Oath and violated the Laws the People of that Kingdom should not be oblig'd to pay him Obedience and these two Cases are Parallel in Fact with the late King James's in Deserting the Kingdom of England The Fundamental Laws of Hungary * Bonfin decad 4. lib. 9. C. 11. Restrain and Limit the Power of their Kings by a Coronation Oath expresly conditional and have given so many Instances of their Right to Depose them * Chalcondil Hist l. 2. p. 120. that 't were lost labour to Recite them having refer'd to the Authors that Treat on that Subject In Spain we find Peter of Castile Depos'd for a Suppositious Birth and Philip of Arragon for Incontinency Indeed the Nobility and Commonality of that Kingdom have formerly took such a Power and Liberty in Censuring the Actions and Deposing their Kings for slight and trivial Causes that they are not fit to be reckon'd among the material Instances of other Nations in cases of Certain and extreme Necessity In the ancient Kingdoms of Denmark * Pontanus l. 8. c. 9. Sweden and Norway which are all of Gothic Original the meanest people had a Voice in the Elections of their Kings and if mistaken in their Choice they Depos'd him and chose another still giving preference to the Royal Family if there were any of them qualify'd Sometimes they wholly neglected that Method and Elected the Brave and Valiant Hero that had signaliz'd his Kindness and Courage in the Expulsion of a Tyrant and Rescuing their Privileges out of the hands of an Oppressor And sometimes they chose a private Person whose Eminent Parts and Probity had mark'd out as worthy of that Dignity which himself ne're thought on Give me leave to give you a Remarkable Instance in the Kingdom of Sweden of the Tyranny of an Absolute Monarch Christern the Second King of Denmark obtain'd the Crown of Sweden by Conquest and looking upon the Ancient Privileges of those Subjects as Inconsistent with his Royal Dignity quickly came to Resolutions of destroying of the Senators and Principal Noble-men that he thought Enemies of his Imperial Arbitrary Power and to facilitate the execution of his barbarous Decree he put on a Kinder Visage than he commonly wore suffering no Cloud to possess his Royal Brow but appear'd in shew of Respect and Kindness that he might oblige them to trust that before suspected him Under this Visor of Friendship and Affability he invites the Lords to a magnificent Feast at Stockholm where two days together they were splendidly treated and the third day basely Murther'd This surprizing bloody start from a King to a Tyrant so terrify'd the Nation that it put them upon freeing themselves and whilst they were revolving various Means to Accomplish it a Deliverer appears in the Person of Gustavus Ericson descended from the Ancient Kings of Sweden and Nephew to King Canutson who so effectually check'd the Tyrant that Christern who had Abdicated the Government by his continued Tyranny was so Hated by his Subjects Deserted by his Soldiers and beaten by his Rival that he consummated his Abdication by flying out of the Kingdom and Gustavus the Generous Deliverer by a Convention of the Estates * Peterson in Chronic. Holsat l. 8. was Elected and Crown'd King of Sweden which he Govern'd happily all the days of his Life I am sensible that some will tell me that things are now otherwise than I have related of Denmark and that the Government there is an Absolute Monarchy to which I reply Let them take it for their pains I did not speak of things as they are now perverted by Fear and Force but as they were Originally constituted and dare promise him that will give himself the pleasure of reading the English History of the State of that Kingdom he will not think the Model ought to be transported into England Portugal by telling Alphonsus the Third that if he would not adict himself to the Affairs of the * History Portual in Reign Alphons 3. l. 6. and Ordin Portugal 17. l. 2. Sect. 3. 4. 5. 6. Kingdom the Estates of the Realm would Depose him and Elect another King and by Banishing their late Monarch for the barbarous Effect of his Frenzy have fully declar'd their Opinions in that Matter When the Kings of France abus'd their Authority that Nation afferted their Right as in Deposing Childeric Father of * Greg. Tower l. 2. c 11. Clowis and in the same manner proceeded against another Childeric in the Eighth Century And if we descend to the Race of Charles the Great their Histories will inform us that Louis Surnam'd The Good was Dopos'd by a General Assembly of the Estates at Thionville and the Articles on which they proceeded to his Deposition are to be read in Baronius and du Chesne le Comte After him the Estates Depos'd Charles the Gross and Charles the Simple and stood so much upon their Right to do it that when in another Instance they were threatned by Pope Adrian the Second with Excommunication they sent him word They would defend their Privileges and their Liberties unto Death In the Second Race of their Kings notwithstanding Charles of Lorrain was * Guil. de Nanz. ad an 987. Heir to Lewis the Fifth and consequently ought to have enjoy'd the Crown of France yet the Estates laid him aside for no other Reason but because he was suspected to be in the German Interest who were Enemies to France and gave the Crown to Hugh Capet Henry the Third that had been Depos'd in Poland was also Depos'd in France by Advice of the Sorbonne and the greatest part of the Estates When Theodore the Second attempted to make himself Master of the Lives and Estates of his Subjects they â—â—se against him Depos'd him Shav'd him thrust him into a Monastery and plac'd his Brother Chilpric in the Throne In the Time of Charles the Simple mention'd before finding him unfit to encounter the Insults of the Normans the Estates conferr'd the Soverignty on Lewis and Charlemain who tho' of the same Blood had not the same Right to the Crown And 't is but consulting their own * Important Maxims publish'd by Mr. Joly in 1663 Can. d' Egles Paris Histories to shew that that Nation was always in Possession of the Right of Explaining Limiting Extending and Altering the Succession as often as their Circumstances requir'd it And truly I cannot but wonder the French Jesuits who in favour of the late King James have so slovenly Rail'd against our †Pere d'Orleans Hist Revol d'Angleterre Convention of Estates for Deposing him dare bespatter the Judgment of their Infallible Pope Zachary whose Opinion being ask'd by the French Lords about the Lawfulness of Deposing King Childeric answer'd That the French were discharg'd of their Oath of Fidelity to Childeric since he had not acquitted himself towards them as he had solemnly promised the Nature of Conditional Contracts