were the first that suffered Persecution under her And after she had put to death near three hundred Persons without respect to Quality Age or Sex it pleased God to put an end to the Romish Cruelty and Idolatry by her unexpected and unlamented Death Nor is her Memory preserved from Oblivion by any thing but her repeated Acts of Cruelty and Injustice This was the Success that attended her this the Happiness the Liberty the Religion establish'd in the English Nation during her sive Years Tyranny That I may not detain the Reader any longer I will conclude this Advice to our Learned Pamphleteer That for the future he do not so positively ascribe all unhappy Accidents as frequent Wars and Rebellions the Effusion of English Blood the unfortunate End of some of our Princes to the Divine Vengeance upon them for the Usurpations he accuses them of since if he will consult our Historians he may find that Edward II. Richard II. and the Incomparable Prince King Charles I. though their Title from William the Conqueror is indisputable were far unhappier than any of the Usurpers he mentions That in Edward the Fourth's and Henry the Eighth's Reign a great deal of English Blood was shed both at Home and Abroad though their Right was unquestionable and universally acknowledged And that as to the promiscuous good or ill Success of all Affairs in this lower World the observation of the Wisest of Princes and of Men is very often exactly verified There is one Event to the Righteous and to the Wicked To the Prince who ascends the Throne by an unquestionable Right and to him that ascends it by Violence and Usurpation To the Prince that religiously performs the Solemn Oath taken at his Coronation and to him that wilfully breaks through all the Obligations he is under and endeavours by the most base Methods to dissolve the Establish'd Government The following Paper was published by Mr. Samuel Iohnson in the Year 1686. for which he was sentenc'd by the Court of kings-Kings-Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was executed An Humble and Hearty Address to all the English Protestants in this present Army GENTLEMEN NEXT to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The Service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joined your selves with Papists who will indeed fight for the Mass-Book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-Houses to erect that Popish Kingdom of Darkness and Desolation amongst as and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-Law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a Standing Army and Dissolving the Militia 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Souldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Souldiers in the World for they have slain Men Women and Children by Hundreds of Thousands at once 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France 5. The Parliament ought to establish one standing Army at the least because indeed there will be need of Two that one of them may defend the People from the other 6. Because it is a thousand pities that a brave Popish Army should be a Riot 7. Unless it be Established by Act of Parliament the Justices of Peace will be forced to suppress it in their own Defence for they will be loth to forfeit an hundred Pounds every day they rise out of Complement to a Popish Rout. 13. H. 4. c. 7.2 H. 5. c. 8. 8. Because a Popish Army is a Nullity For all Papists are utterly disabled and punishable besides from bearing any Office in Camp Troop Band or Company of Souldiers and are so far disarmed by Law that they cannot wear a Sword so much as in their Defence without the allowance of four Justices of the Peace of the County And then upon a March they will be perfectly inchanted for they are not able to stir above five Miles from their own Dwelling-house 3. Iac. 5. Sect. 8 27 28 29.35 Eliz. 2.3 Iac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized and therefore the void Commissions of Killing and Slaying in the Hands of Papists can only enable them to Massacre and Murder A Discourse of Magistracy of Prerogative by Divine Right of Obedience and of the Laws CHAP. I. Of MAGISTRACY I. RELATION is nothing else but that State of Mutual Respect and Reference which one Thing or Person has to another II. Such are the Relations of Father and Son Husband and Wife Master and Servant Magistrate and Subject III. The Relations of a Father Husband and Master are really distinct and different that is
Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next Thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it being above three Years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the Electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threating and Turning out of all Persons out of Imploiments who had refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly chuse the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no legal Officers and by consâ—quence those Elections that pass under their Authority are null and void If I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particuâ—ar Laws made in K. Charles the First and the late King's Time securing them from all Commissions that the King can raise for â—udging or Censuring them If then in opposition to this a Court so condemned is ercted which proceeds to Judg and Censure the Clergy and even to disseise them of their Free-holds without so much as the form of a Trial though this is the most indispensable Law of all those that secures the Property of England and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him If likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuncio's from thence which is plainly Treason by Law If likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Iesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State And if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Imploiments both Military and Civil then it is plain That all the Rights of the Church of England and the whole Establishment of the Protestant Religion are struck at and design'd to be overturned since all these Things as they are notoriously illegal so they evidently demonstrate That the great Design of them all is the rooting out of this Pestilent Heresy in their stile I mean the Protestant Religion In the next place If in the whole course of Justice it is visible that there is a constant practising upon the Judges that they are tâ—rned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are â—ut in their places If an Army is kept up in time of Peace â—â—d Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a Rape upon all our Liberties and a Destruction of the Nation If I say all these things are true in Fact then it is plain that there is such a Dissolution of the Government made that there is not any one part of it left sound and entire And if all these things are done now it is easie to imagine what may be expected when Arbitrary Power that spares no Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Benevolences and all sorts of Illegal Taxes as from the other we may expect Burnings Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Paâ—liament that passed in K. Iames I. Minority though they were ratified by himself when he came to be of Age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in Execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain that not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the Hands and Power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island and for the
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural