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
of the Law of Nature did not press us at this time to come to some speedy and pertinent Determinations as to the business especially of settling the Government that Nicety which seems to be promoted and set afoot in all our Counsels might considering the Weightiness of the business in hand rather claim the just Commendation and Applauses of every good Man than as it seems now fall under their Censure and I may say Indignation If the matter debated were extraneous and the Kingdom within it self peaceably and firmly settled if the Circumstances of our Affairs were ordinary and usual and could admit of an unlimited time for their Decision if we were secure from injurious Resolutions of our Enemies abroad or from the private Machinations of disaffected Persons at home If these â—hings were so it were worthy the Wisdom of those who by their unseasonable Scruples so generally resolv'd against and now again by them started may seem either ignorant of the desperate languishing condition of these Kingdoms at present or prejudic'd and dis-affected to the Eâ—ace and Settlement of them for the future I say it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair before they made any Determination of the General As we all acknowledg the extraordinary Circumstances of this Juncture so they themselves have not been a little contributing to this happy Revolution The Prince's first Declaration tells us he had the Invitation of the Lords Spiritual and Temporal Was it Justice and agreeable to Conscience then to call for Foreign Arms to assist us against our own King in the recovery of those Rights Liberties and Properties which contrary to Law he had invaded and taken from us And is it now become a Scruple in those same Consciences to be confirm'd in those Rights c. by the same Arms and Power Is that pretended absolute unlimited Power which in their Prayers and Sermons they have so often nibbled at and endavoured to retrench now in its just Debasement become so Inviolable and Sacred that it must become a Point of Faith entirely to submit to it Has this small fit of Fear and Discouragement in our implacable Enemies so well secur'd us from any future Enchroachments that we need not be careful of any further Assurance Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd and the rest justly fear'd as to free them from all Apprehensions for the future What is it these Gentlemen would be at what do they fear Is it without Reason without Justice without Precedent that we desire to be everlastingly secur'd from Popery Slavery Not without Reason for when we have seen many of our fairest Branches lopp'd off many of our Liberties invaded many of our Laws perverted and the Axe at last laid to the Root of our Government 't is high time then I say to provide for our our Safety and to put a stop to that Current which would have quickly over-run and drowned us Not without Justice for where my Life and Property is hunted after and assaulted I may by the Law of God and Man â—epel the Injury and stand in my own Vindication Not without Precedent even in Protestant Kingdoms not to mention the Romanists who both teach and practise the Deposing of evil and wicked Magistrates and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent it may easily be prov'd that which hath been done of late in this Nation hath been in great part formerly presented and allowed of upon Foreign Stages yea and not many Years out of the Memory of some yet living if we would but look into the Actions of other Regions and those too wherein the Reform'd Religion is professed we shall find that they by their publick Records acknowledged that in case of Tyranny and Oppression it was lawful not only to defend their Lives and Liberties against all Assaults but reduce and declare the Persons so offending incapable of holding the Government A lively Example of this and almost exactly parallel with ours was the Case of Sigismond the Third Hereditary King of Sweden who by a Convention of the States of that Kingdom was Excluded even with his Heirs a Severity which both the Honourable Houses of Parliament here have with great Justice and Wisdom declined from that Crown for ever Some of the Articles drawn up against him were these First For swerving from their received Christian Religion as also from his Oath and Promise and Solemn Engagement made to his People at his Coronation to preserve their Rights and Priviledges as also their Holy Reform'd Religion Inviolated For departing the Country without the Consent and unwilling to the States and Orders of the Realm For exporting several Acts of great Concernment out of the Cancellarie For prosecuting such as would not embrace or favour the Romish Superstition For contemning and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm and the Establishment of the Protestant Reformed Religion For raising up what Enemies he could against his Native Country thereby to involve his Subjects in a Deluge of Blood which he intended and had almost effected For inhumanely designing and suborning Russians and Villains to Murder and Assassinate one of the chief Nobles for no other Reason but that out of Conscience and Duty he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these and many more Causes as the sending his Son out of the Land without the Consent of the States and causing him to be brought up and educated in the Romish Superstition did the Swedes submitting the same to the Judgment of all sincere and candid Arbitratours justify their Abdication for ever of King Sigismond the Third and his Heirs from the Crown of Sweden c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia vid. Spanheim 's Hist. of Sweden c. And in conclusion they pray for and doubt not of a candid Construction a benign and favourable Acceptation from all Christian Emperors Kings Princes States c. of this their Legitimate Defence and to vindicate them and their most equal Cause from all Calumny or eâ—il Interpretation whatsoever The Circumstances relating to this present Juncture in England bear so near a resemblance almost in all these Grievances objected against the said Sigismond that our late King by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to have breath'd his Soul rather than to have copy'd after him though indeed in some Cases he has plainly out-done the Original especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden I cannot apprehend how it can lessen our Judgments or Integrity our Piety or our Loyalty to follow the Example of the Swedes excepting
accuse him of Capital Crimes but being defeated in that Villanous Attempt they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had at the Request of several Parliaments allowed to your Petitioner and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum for speaking this notorious Truth viz. That he the said Duke of York was reconciled to the Church of Rome and that It is High Treason to be so reconciled wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner and your Petitioner was committed to the King's Bench-Prison After this the same Popish Party obtained leave from King Charles the second to prefer two several Indictments against your Petitioner for two pretended Perjuries in his Evidence concerning the said Conspiracy which they brought on to Tryal in the Reign of King Iames the second and your Petitioner was upon the Evidence of those very Witnesses who had confronted him in three former Tryals and were disbelieved and through the Partial Behahaviour of the Chief Justice Ieffreys in brow-beating his Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull of the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Creâ—it and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your gâ—nerous and tender Consideration and to give him such Redress â—herein as to your Lordships and your Honours great Wisdom Iustice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 168â— in Obedience to the Prince of Orange's Letters They choice the Duke of Hamilton their President after which they had several Debates about the Duke of Gâ—rdon a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King Iames. They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King Iames requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Committee of 24 made up of all the Estates to settle the Government Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King Iames the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King Iames and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery
falling off of the Nobility and Gentry who avow to have no other End than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what Dangers they exposed the King I am fully perswaded that the Prince of Orange designs the King's Safety and Preservation and hope all things may be composed without more Bloodshed by the Calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect Peace and Safety till when let me beg You to continue the same favourable Opinion that you have hitherto had of Your most Obedient Daughter and Servant ANNE A MEMORIAL OF THE Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of ORANGE YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government established by Law have been many ways troubled and vexed by restless Contrivances and Designs of the Papists under pretence of the Royal Authority and things required of unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard-of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of Persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in Time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemenours superceded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the K. would have condemned as happened to Judg Powel and Holloway for acquitting the seven Bishopâ— Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long jointly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their Aim That they most humbly implore the Protection of your Royal Highnesses as to the suspending and Incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledges and that your Royal Highnesses would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liberties as well of that as other Corporations restored and all things returned to their ancient Channel c. THE PRINCE of ORANGE HIS DECLARATION of Novemb. 28. 1688. WE have in the course of our whole Life and more particularly by the apparent Hazards both by Sea and Land to which We have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true English-man and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not carry on the blessed and gloâ—ious Design which by the Favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to establish the Religion the Laws and the Liberties of those Kingdoms upon such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easy Composing this great Design We have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility Gentry and People of England with Us for the Security of their Religion the Restitution of the Laws and Re-establishment of their Liberties and Properties Great Numbers of all Ranks and Qualities having joined themselves to us and others at great Distances from Us have taken up Arms and declared for Us. And which we cannot but particular mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and Common Souldiers have been touched with such a feeling Sense of Religion and Honour and of true Affection for their Native Country that they have already deserted the Illegal Service they were ingaged in and have come over to Us and have given Us full Assurance from the rest of the Army that they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without the Hazard of being prevented and betray'd To which End and that We may the sooner execute this just and necessary Design We are ingaged in for the Publick Safety and Deliverance of these Nations We are resolved with all possible Diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all Things first settled upon such a Foot according to Law as may give Us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescentions on his part as will give intire Satisfaction and Security to all and make both King and People once more Happy And that we may effect all this in the way most agreeable to our Desires if it be possible without the Effusion of any Blood except of those execrable Criminâ—als who have justly forfeited their Lives for betraying the Religion and Subverting the Laws of their Native Country We do think fit to declare that as we will offer no Violence to any but in our own Necessary Defence so we will not suffer any Injury to be done to the Person even of a Papist provided he be found in such Place and in such Condition and Circumstances as the Laws require So we are resolved and do declare that all Papists who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any
Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Souldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Souldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of Armed Papists have of late resorted to London and Westminister and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Though we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern we have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities Towns of England especially of the County of Middlesex and Cities of London and Westminster and Parts adjacent that they do immediately Disarm and Secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all Times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing Mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what We have required of them and suffer themselves at this Juncture to be cajoled or terrified out of their Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their Hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange By his Highness special Command C. HUYGENS. Given under our Hand and Seal at our Head-quarters at Sherburn-Castle the 28 th day of November 1688. FINIS A SECOND Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. An Enquiry into the Measures of Submission to the Supreme Authority and of the Grounds on which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties II. An Answer to a Paper intituled Reflections on the Prince of Orange's Declaration III. Admiral Herbert's Letter to all Commanders of Ships and Seamen in his Majesty's Fleet. IV. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the Defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland V. The Declaration of the Nobility Gentry and Commonalty at the Rendezvous at Nottingham Novemb. 22. 1688. VI. The Duke of Norfolk's Speech to the Mayor of Norwich on the first of December instant in the Market-place of Norwich VII The Address of the Lord Dartmouth and the Commanders of his Majesty's Fleet giving his Majesty hearty Thanks for calling a Parliament to settle the Realm both in Church and State. Printed in the Year 1688. AN ENQUIRY Into the Measures of SUBMISSION TO THE SUPREAM AUTHORITY And of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties THis Enquiry cannot be regularly made but by taking in the first place a true and full view of the nature of Civil Society and more particularly of the nature of Supream Power whether it is lodged in one or more Persons 1. It is certain That the Law of Nature has put no difference nor subordination among Men except it be that of Children to Parents or of Wives to their Husbands so that with Relation to the Law of Nature all Men are born free and this Liberty must still be supposed entire unless so far as it is limited by Contracts Provisions and Laws For a Man can either bind himself to be a Servant or sell himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract since all that Liberty which was not expresly given away remains still entire so that the Plea for Liberty always proves it self unless it appears that it is given up or limited by any special Agreement II. It is no less certain that as the Light of Nature has planted in all Men a Natural Ptinciple of the Love of Life and of a desire to preserve it so the common Principles of all Religion agree in this that God having set us in this World we are bound to preserve that Being which he has given us by all just and lawful ways Now this Duty of Self-preservation is exerted in Instances of two sorts the one are in the resisting of violent Aggressors the other are the taking of just Revenges of those who have invaded us so secretly that we could not prevent them and so violently that we could not resist them In which cases the Principle of self-Preservation warrants us both to recover what is our own with just Damages and also to put such unjust Persons out of a Capacity of doing the like Injuries any more either to our selves or to any others Now in these Instances of Self-Preservation this difference is to be observed that the first cannot be limited by any slow Forms since a pressing Danger requires a vigorous Repulse and cannot admit
of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the Right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinctions is to be made between the Power of making Laws for the regulating the Conduct of it and the Power of executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their nature import that those to whom they are given are accountable even though that it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the Publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in Truth the Principles of Natural Religion give those that are in Authority no Power at all but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by human means such as Succession or Industry yet he has a Security for the Enjoyment of it from a Divine Right so tho Princes have no immediate Warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the Possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery in all which cases the general Name of Master may be equally used yet the degrees of his Power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others and therefore though all those may carry the same Name of King yet every ones Power is to be taken from the measures of that Authority which is lodged in him and not from any general Speculations founded on some Equivocal Terms such as King Sovereign or Supream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest proofs of the Dvine Authority that is committed to them on such occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegatation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Nor does it appear reasonable to conclude from their being in Possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long Tract of Time make a bad one become good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common Sense of all Men a just and good Title so upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must allways be â—roved but Liberty proves it self the one being founded onâ—y upon a Positive Law and the other upon the Law of Nature VIII If from the general Principles of Human Society and Natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of neither side For as the Land of Canaan was given to the Iews by an immediate Grant from Heaven so God reserâ—â—â— still this to himself and to the Declarations that he shoulâ—â—â—â—â—ke from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such Designation neither for themselves nor for their Ancestors IX As for the New Testament it is
Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us We change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered First All general Words how large soever are still supposed to have a tacit Exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there seems to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the Renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maiâ—tain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who mâ—de that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by Consâ—quence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince cloâ—hed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annâ—ls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchial Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Maleversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we may have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the
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
they are more proper for the Gravity of an Historian or the Authority of a Parliament to handle than for a private Gentleman in a Letter to his Friend The Bishops Papers and the Prince of Orange's Declarations are the best Memoires of them but they only begin where the two parts of the History of the growth of Popery and Arbitrary Government left off and how far we may trust to Catholick Stipulations Oaths and Treaties the Facts of past and the present Age are the best Criterions and Rules to guide and determine us for what happens every day will in all probability happen to morrow the same Causes always produce the same Effects and the Church of Rome is still the same Church it was an hundred Years ago that is a Mass of Treachery Barbariety Perjury and the highest Superstition a Machine without any Principle or setled Law of Motion not to be mov'd or stop'd with the weights of any private or publick Obligations a Monster that destroys all that is Sacred both in Heaven and Earth so Ravenous that it is never content unless it gets the whole World into its Claws and tears all to pieces in order to Salvation a Proteus that turns it self into all shapes a Chameleon that puts on all Colours according to its present circumstances this day an Angel of Light to morrow a Beelzebub Amongst all the Courts of Christendom where I have conversed that of Holland is the freest from Tricks and Falsehood and tho I am naturally jealous and suspicious of the Conduct of Princes yet I could never discover the least Knavery within those Walls it appear'd to me another Athens of Philosophers and the only Seat of Justice and Vertue now left in the World. As for the Character of the Prince of Orange it is so faithfully drawn by Sir William Temple Doctor Burnet and in a half sheet lately printed that I who am so averse from Flattery that I can scarce speak a good word of any Body or think one good thought of my self will not write any further Panegerick upon his Highness only that he is a very Honest Man a Great Souldier and a Wise Prince upon whose Word the World may safely rely A late Pamphleteer reviles the Prince with breaking his Oath when he took the Stat-holder's Office upon him not considering that the Oath was impos'd upon his Highness in his Minority by a French Faction then jealous of the aspiring and true Grandeur of his Young Soul that the States themselves to whom the Obligation was made freed his Highness from the Bond and that the Necessity of Affairs and the Importunities of the People forced that Dignity upon him which his Ancestors had enjoy'd and he so well deserv'd that he sav'd the sinking Common-wealth their Provinces being almost all Surpriz'd and Enslav'd by the French compared to the gasping State of Rome after the loss at Cannae His Highness was no more puft up with this Success than he had been daunted with Hardships and Misfortunes always the same Hero Just Serene and Unchang'd under all Events an Argument of the vastness of his Mind whereas on the contrary Mutability sometimes Tyrant sometimes Father of a Country sometimes Huffing other times Sneaking is often-times a Symptom of a Mean and Cowardly Soul vile and dissolute born for Rapine and Destruction As for the Princess she may without any flattery be stiled the Honour and Glory of her Sex the most Knowing the most Vertuous the Fairest and yet the best Natur'd Princess in the World belov'd and admir'd by her Enemies never seen in any Passion always under a peculiâ—r sweetness of Temper extreamly moderate in her Pleasures taking delight in Working and Study humble and affable in her Conversation very pertinent in all Questions charitable to all Protestants and frequenting their Churches The Prince is often seen with her at the Prayers of the Church of England and â—he with the Prince at the Devotion of his Church She dispences with the use of the Surplice bowing to the Altar and the Name of Jesus out of Compliance to a Country that adores her being more intent upon the Intrinsick and Substantial Parts of Religion Prayer and Good Works She speaks several Languages even to Perfection entirely obedient to the Prince and he extreamly dear to her In a word She is a Princess of many extraordinary Vertues and Excellencies without any appearance of Vanity or the least mixture of Vice and upon whose Promise the World may safely depend As for the many Plots and Conspiracies against this Royal Couple a short time may bring them all to light and faithful Historians publish them to the World. Lastly We may observe that whereas it hath been the Maxim of several Kings both at home and abroad of late Years to contend and outvie each other in preying upon and destroying not only their Neighbours but their own Protestant Subjects by all methods of perfidiousness and cruelty the only way to establish Tyranny and to enslave the natural Freedom of Mankind being to introduce a general Ignorance Superstition and Idolatry for if once People can be perswaded that Statues and Idols are Divinities and adorable and thaâ— a Waâ—er is the Infinite God after two or three ridiculous words utter'd by a vile Impostor and impudent Cheat then they may easily be brought to submit their Necks to all the Yokes that a Tyrant and a Priest can invent and put upon them for if once they part with their Reason their Liberty will soon follow as we behold every day in the miserable enslav'd Countries where Popery domineers On the contrary it hath always been the steady and immutable Principle of the House of Orange to rescue Europe from its Oppressours and to resettle Governments upon the Primitive and Immortal Foundation of Liberty and Property a Glorious Maxim taken from the Old Roman Common-wealth that Fought and Conquer'd so many Nations only to set them Free to Restore them wholsome Laws their Natural and Civil Liberties a Design so Generous and every way Great that the East groaning under the Fetters and Oppressions of their Tyrants flew in to the Roman Eagles for Shelter and Protection under whose Wings the several Nations liv'd Free Safe and Happy till Traitours and Usurpers began to break in upon the Sacred Laws of that vertuous Constitution and to keep up Armies to defend that by Blood and Rapine which Iustice would have thrown in their Face and punished them as they deserved the Preservation and Welfare of the People being in all Ages call'd the Supreme Law to which all the rest ought to tend From the foregoing Relation of matter of Fact it appears most plain that the Roman Catholicks are not to be ty'd by Laws Treaties Promises Oaths or any other bonds of Humane Society the sad experience of this and other Kingdoms declares to all Mankind the invalidity and insignificancy of all Contracts and Agreements with the Papists who notwithstanding all their Solemn Covenants
open profession of the Popish Religion so he did then promise and solemnly swear at his Coronation That he would maintain his Subjects in the free enjoiment of their Laws and Liberties and in particular that he would maintain the Church of England as it was established by Law It is likewise certain that there have been at divers and sundry times several Laws enacted for the preservation of those Rights and Liberties and of the Protestant Religion And among other Securites it has been enacted that all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in either University as likewise all other that should be put in any Imploiment Civil or Military should declare that they were not Papists but were of the Protestant Religion and that by their taking of the Oaths of Allegiance and Supremacy and the Test yet these Evil Counsellors have in effect annulled and abolished all those Laws both with relation to Ecclesiastical and Civil Emploiments In order to Ecclesiastical Dignities and Offices they have not only without any colour of Law but against most express Laws to the contrary set up a Commission of a certain Number of Persons to whom they have committed the Cognizance and Direction of all Ecclesiastical Matters In the which Commission there has been and still is one of his Majesty's Ministers of State who makes now publick profession of the Popish Religion and who at the time of his first professing it declared That for a great while before he had believed that to be the only true Religion By all this the deplorable State to which the Protestant Religion is reduced is apparent since the Affairs of the Church of England are now put into the Hands of Persons who have accepted of a Commission that is manifestly Illegal and who have executed it contrary to all Law and that now one of their chief Members has abjured â—he Proâ—estant Religion and declared himself a Papist by which he is become incapable of holding any Publick Emploiment The said Commissioners have hitherto given such proof of their submission to the Directions given them that there is no reason to doubt but they will still continue to promote all such Designs as will be most agreeable to them And those Evil Counsellors take care to raise none to any Ecclesiastical Dignities but Persons that have no Zeal for the Protestant Religion and that now hide their unconcernedness for it under the specious pretence of Moderation The said Commissioners have suspended the Bishop of London only because he refused to obey an Order that was sent him to suspend a Worthy Divine without so much as citing him before him to make his own Defence or observing the common Forms of Process They have turned out a President chosen by the Fellows of Magdalâ—ne Colledg and afterwards all the Fellows of that Colledg without so much as citing them before any Court that could take legal cognizance of that Affair or obtaining any Sentence against them by a competent Judg. And the only Reason that was given for turning them out was their refusing to chuse for their President a Person that was recommended to them by the iâ—â—â—igation of those Evil Counsellors Though the right of a free Election belonged undoubtedly to them But they were turned out of their Freeholds contrary to Law and to that express Provision in Magna Charta That no Man shall lose Life or Goods but by the Law of the Land. And now these Evil Counsellors have put the said Colledg wholly into the Hands of Papists though as is above said they are incapable of all such Imploiments both by the Law of the Land and the Statutes of the Colledg These Commissioners have also cited before them all the Chancellors and Arch-deacons of England requiring them to certify to them the Names of all such Clergy-men as have read the King's Declaration for Liberty of Conscience and of such as have not read it without considering that the reading of it was not enjoined the Clergy by the Bishops who are their Ordinaries The illegality and incompetency of the said Court of the Ecclesiastical Commissioners was so notoriously known and it did so evidently appear that it tended to the subversion of the Protestant Relâ—â—ion that the most Reverend Father in God William Arch-bishop of Canterbury Primate and Metropolitan of all England seeing that it was raised for no other end but to oppress such Persons as were of eminent Virtue Learning and Piety refused to sit or concur in it And though there are many express Laws against all Churches or Chappels for the exercise of the Popish Religion and also against all Monasteries and Convents and more particularly against the Order of the Jesuits yet those Evil Counsellors have procured Orders for the building of several Churches and Chappels for the Exercise of that Religion They have also procured divers Monasteries to be erected and in contempt of the Law they have not only set up several Colledges of Iesuits in divers places for the corrupting of the Youth but have raised up one of the Order to be a Privy Counsellor and a Minister of State. By all which they do evidently shew that they are restrained by no Rules or Law whatsoever but that they have subjected the Honours and Estates of the Subjects and the Establish'd Religion to a Despotick Power and to Arbitrary Government In all which they are served and seconded by those Ecclesiastical Commissioners They have also followed the same Methods with Relation to Civil Affairs For they have procured Orders to examine all Lords-Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace and all others that were in any Publick Employment if they would concur with the King in the Repeal of the Test and Penal Laws and all such whose Consciences did not suffer them to comply with their Designs were turned out and others were put in their places who they believe would be more compliant to them in their Designs of defeating the Intent and Execution of those Laws which had been made with so much Care and Caution for the Security of the Protestant Religion And in many of these places they have put professed Papists though the Law has disabled them and warranted the Subjects not to have any regard to their Orders They have also invaded the Priviledges and seized on the Charters of most of those Towns that have a right to be represented by â—heir Burgesses in Parliament and have procured Surrenders to be made of them by which the Magistrates in them have delivered up all their Rights and Priviledges to be disposed of at the pleasure of those Evil Counsellors who have thereupon placed new Magistrates in those Towns such as they can most entirely confide in and in many of them they have put Popish Magistrates notwithstanding the Incapacities under which the Law has put them And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Mens Lives
Liberties Honours and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and hâ—ve turned out such as they found would not conform themselves to their Intentions and have put others in their places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no Regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in the common Administration of Justice shewed that they were governed by their Consciences and not by the Directions which the others gave them By which it is apparent they design to render themselves the absolute Masters of the Lives Honours and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any regard either to the Equity of the Cause or to the Conscience of the Judges whom they will have to submit in all things to their own will and Pleasure hoping by such ways to intimidate those who are yet in Imployment as also such others as they shall think fit to put in the rooms of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no failings of that kind are pardoned in any Persons whatsoever A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence They have also by putting the Administration of Justice into the hands of Papists brought all the matters of Civil Justice into great uncertainties with how much Exactness and Justice soever that these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all places of Judicature but have put them under an Incapacity none are bound to acknowledg or to obey their Judgments and all Sentences given by them are null and void of themselves so that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more force than the Sentences of any private and unauthorized Person whatsoever So deplorable is the Case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Imployments so can turn them out of them at pleasure and who can never be esteemed lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Imployments in the same manner for tho the Laws have not only excluded Papists from all such Imployments but have in particular provided that they should be disarmed yet they in Contempt of these Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trusts both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by those means having rendred themselves Masters both of the Affairs of the Church of the Government of the Nation and of the course of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a Capacity to maintain and execute their wicked Designs by the assistance of the Army and thereby to enslave the Nation The dismal Effects of this Subversion of the established Religion Laws and Liberties in England appear more evident to us by what we see done in Ireland Where the whole Government is put into the Hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great numbers of them leave that Kingdom and abandon their Estates in it remembring well that cruel and bloody Massacre which fell out in that Island in the Year 1641. Those Evil Counsellous have also prevailed with the King to declare in Scotland that he is clothed with Absolute Power and that all the Subjects are bound to obey him without Reserve upon which he has assumed an Arbitrary Power both over the Religion and Laws of that Kingdom from all which it is apparent what is to be looked for in England as soon as matters are duly prepared for it Those great and insufferable Oppressions and the open Contempt of all Law together with the apprehensions of the sad Consequences that must certainly follow upon it have put the Subjâ—â—ts under great and just Fears and have made them look after such lawful Remedies as are allowed of in all Nations yet all has been without Effect And those Evil Counsellours have endeavoured to make all Men apprehend the loss of their Lives Liberties Honours and Estates if they should go about to preserve themselves from this Oppression by Petitions Representations or other means authorised by Law. Thus did they proceed with the Arch-bishop of Canterbury and the other Bishops who having offer'd a most humble Petition to the King in terms full of Respect and not exceeding the number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by Consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinion in their Favours were thereupon turned out And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the exercise of it have ever reckoned a Crime for their Subjects to come in all Submission and Respect and in a due Number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said that the Subjects were not bound to obey the Orders of a Popish Justice of Peace tho it is evident that they being by Law rendred incapable of all such Trusts no regard is due to their Orders This being the Security which the People have by the Law for their Lives Liberties Honours and
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
place her Father in his Throne again This is not impossible for Vertue is greater than a Throne For my part I think you will put a very hard thing upon so excellent a Lady and I pray God give her Grace to resist the Temptation A Regency is more tolerable because a Nation must be governed and none so proper to govern it as the next Heir but I should think none who expect to wear a Crown should countenance Subjects in deposing their King nor accept of a Crown upon such Terms as to take it off of a Father's Head It is a dangerous thing for a Prince who has a Title to the Crown to own that the Crown may be forfeited or demised by such a withdrawing if this be not so the Princess has no Right to the possession of the Crown yet and if it be so her Crown is worth a great deal less than formerly it was especially if she own this Secret by accepting the Crown which her Ancestors always concealed and which the best Subjects of England would not believe before what they may do after this I know not Thirdly The next Design I verily believe without the knowledg or thought of the Prince who has too great a Mind to think of any thing which in the opinion of any wise Man could stain and fully his Glory is to give the Crown to the Prince of Orange for it must be a Gift if any thing for he has no immediate Title to it that I know of This is upon a pretence that the Government is dissolved and therefore we must begin de novo which is very ridiculous when the King is still alive and the Laws in as full force as ever only the Regular Administration of Government at present interrupted by the King's absence but this is not the worst of it for it is a dangerous pretence too especially to Men of Quality and Esâ—â—tes as you are for if the Government be dissolved our Laws are dissolved and Honour and Property dissolved with them and then I doubt the Mobile will come in for their share in the new Division of the Lands and set up for Men of as good Quality as any for if our Laws are gone we return to a state of Nature in which all Men are equal and all things common this I believe you will not be for for the Reason above-mentioned If then the Laws continue the Government is not dissolved and the Crown is not a Gift but an Inheritance still as much as your Estate is and then the Prince of Orange cannot have it in his own Right because his own Princess and the Princess Anne are before him consider then what the consequence of this Project would be 1. This alters the essential Constitution of the English Government by changing an Hereditary into an Elective Monarchy a thing which I know some Men are very fond of for then the next occasion they can find to quarrel with their Prince they may with as much ease turn it into a Common-Wealth for when the Crown is at the Peoples disposal they may if they please keep it to themselves 2. This will entangle all Men of Conscience in new Difficulties for the Oath of Allegiance does not only bind us to the King but to his Heirs and Successors which must be understood of the next lineal Heir where there is no Authority to alter it and whatever a Parliament may be thought to have with the Authority and Consent of the King no Man pretends that a Convention of the Estates has any Legal Authority to do it I should be as heartily glad as any Man to see the Prince of Orange legally seated on the English Throne but these are Difficulties I cannot break through Thus I have given you my hasty Thoughts and pray God to direct you I am Yours POSTSCRIPT THere is one thing more I would beg of you that the Story of French League to cut Protestants Throats in England maâ— be wâ—ll examined for this did more to drive the King out of the Nation than the Prince's Army and if this should prove a Sham as some who pretend to know say it is it seems at least to be half an Argument to invite the King back again In short remember you are a Convention not a Parliament and therefore nothing can give Authority to what you do but the good liking of the People and as Necessity only can justify your meeting without the King's Writs so I hope you will take care to do nothing but what will justify it self to God the King and your Country An ANSWER to the Author of the LETTER to a Member of the CONVENTION Reverend Sir YOur Name your Quality your Religion and your Design in Publishing this Letter are wholly unknown to me but the confident Assertion pag. 3.6.16 That you are sure it can never be Answered sounds so like a Son or rather a Father of the Infallible Church that it has provoked me if not to answer yet at least to reflect upon some Passages in this Magisterial Composure § 2. Whatever becomes of other Arguments Interest is most likely to prevail You Sir suppose your Parliament-Man in these words to be one who will regard no Arguments from Justice Reason Religion or the Laws of God or Man Interest is the only thing which is likely to prevail an excellent Complement to a Parliament-Man but it goes higher yet and takes in the Majority of the States for no one Man shall ever determine these great things § 3. You tell him That All the threatning Dangers of Popery were not a more formidable Prospect to considering Men than the present Distractions and Divisionâ— Now surely this is a very bold and daring stroke but that I am certain these pensive thoughtful Men are not either very numerous or very considerable otherwise the few of the Church of England that are over-thoughtful in this Point deserve much Compassion because they disquiet themselves and others out of pure tenderness of Conscience and an over-great Loyalty but then there is no danger to be apprehended from them and they will in time satisfy their own Scruples and in the interim I doubt not infinitely more Men dread the Dangers of Popery even to this Day than all the Common-wealth-Men Dissenters ambitious and revengeful Wretches which you have so artfully mustered up to fright the Country Esquire with can over-ballance Strange it is in the mean time that the Dangers of Popery which last October appeared so formidable should in so short a time vanish or rather dwindle into nothing But God by the Ministry of the Prince of Orange and his Friends has brought this about In the rest of that Section I agree with you and approve of it The two next Sections being only a representation of the different Parties of Men now upon the Stage I leave as I find them § 6. Though the Opinion of those who are for sending to the King and treating with him
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
into utter Despair of the Continuance amongst them of the true Religion of Almighty God and of her Majesties Life and of the Safety of all her Subjects and of the Good Estate of this flourishing Commonweale For that she the said Queen of Scots had continually breathed the Overthrow and Suppression of the Protestant Religion being poysoned with Popery from her tender Youth and at her Age joyning in that false termed Holy League and had been ever since and was then a powerful Enemy of the Truth For that she rested wholly upon Popish hopes to be delivered and advanced and was so devoted and doted in that Profession that she would as well for the satisfaction of others as for the feeding her own Humour supplant the Gospel where and whensoever she might which Evil was so much the greater and the more to be avoided for that it slayeth the Soul and would spread it self not only over England and Scotland but also into all Parts beyond the Sea where the Gospel of God is maintained the which cannot but be exceedingly weakned if Defection should be in these two most violent Kingdoms For that if she prevailed she would rather take the Subjects of England for Slaves than for Children For that she had already provided them a Foster-father and a Nurse the Pope and King of Spain into whose hands if it should happen them to fall what would they else look for but Ruin Destruction and utter Extirpation of Goods Lands Lives Honours and all For that as she had already by her poyson'd Baits brought to Destruction more Noble-men and their Houses and a greater multitude of Subjects during her being here than she would have done if she had been in Possession of her own Country and arm'd in the Field against them so would she be still continually the cause of the like spoil to the greater loss and peril of this Estate and therefore this Realm neither could nor might endure her For that her Sectaries both Wrote and Printed that the Protestants would be at their Wits end Worlds end if she should out-live Queen Elizabeth meaning thereby that the end of the Protestant World was the beginning of their own and therefore if she the said Queen of Scots were taken away their World would be at an end before its beginning For that since the sparing of her in the Fourteenth Year of Q. Elizabeths Reign Popish Traitors and Recusants had multiplied exceedingly And if she were now spared again they would grow both innumerable and invincible also And therefore Mercy in that case would prove Cruelty against them all Namâ—st quaedam crudelis mâ—sericordia and therefore to spare her Blood would be to spill all theirs And for God's Vengeance against Saul for sparing the life of Agag and against Ahab for sparing the life of Benhadad was moâ—t apparent for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their Hands And those Magistrates were much conmmended who put to Death those mischeivous and wicked Queens Iezabel and Athaliah And now I would desire our Grumbletonians especially they of the Clergy to consider how extreamly they have degenerated from the good and laudable Principles of their Fore-fathers They may see how urgent the Bishops and others in Queen Elizabeth's days were to have the Queen of Scots removed as above said and how they encouraged the Queen to assist the Dutch against their Soveraign Lord when he attempted them in their Religion and Laws but now they that first opposed One that has broken the Original Contract between King and People and done horrid things contrary to the Laws of God Nature and the Land yet when God out of his merciful Providence and singular favour to us all has inclined him being sensible of his own Guilt to leave the Throne these Very Men that first withstood him as I said begin to pitty him plead for him and extol him and continually both in Pulpit for one of them lately said there That a parcel of Attoms could as soon make a World as a Convention make a King and also in Coffee-houses mutter and grumble against the Proceedings of the great and Honorable Convention of the Kingdom and are busy in sending out and privately scattering their puling Pamphlets under the Titles of Mementoes Speeches and Letters empty of ought else but the spleen of a foolish and frustrated Faction Good God! what inconstancy folly and madness possesses the Breasts of these Men to what a miserable slavery would they lead us and how fond and eager do they seem to have him rule over Us who like the Stork in the Fable has and would make it his greatest delight to devour the best of free-born Subjects But I hope that in a little time they will know the Things that belong to the Kingdom 's Peace and dutifully pray for tho at present there is no uniformity in their Pulpits save in the Dissenters and submit chearfully and thankfully to him whom God has made the Glorious Instrument of our Deliverance from Popery and Slavery God save King William and Queen Mary ADVERTISEMENT ☞ THere is lately published the Trial of Mr. PAPILLON by which it is manifest that the then Lord Chief Justice Iefferies had neither Learning Law nor good manners but more Impudence than ten Carted Whores as was said of him by King CHARLES II. in abusing all those worthy Citizens who voted for Mr. PAPILLON and Mr. DUBOIS calling them a parcel of Factious Pragmatical Sneaking Whining Canting Sniveling Prickear'd Cropear'd Atheistical Fellows Rascals and Scoundrels c. as in p. 29. and other places of the said Trial may be seen Sold by Richard Ianeway and most Booksellers FINIS A TENTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Reflections upon our late and present Proceedings II. Some short Notes on a Pamphlet entituled Reflections upon our late and present Proceedings III. The Scots Grievances or A short Account of the Proceedings of the Scotish Privy-Council Justiciary Court and those commissioned by them c. IV. The late Honourable Convention proved a Legal Parliament V. The Amicable Reconciliation of the Dissenters to the Church of England being a Model or Draught for the Universal Accommodation in the Case of Religion and bringing in all Parties to her Communion London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-â—oster-Row 1689. Reflections upon our Late and Present Proceedings in England THO no Man wishes better to the Protestant Religion in general and the Church of England in particular than I do yet I cannot prevail with my self to approve all those Methods or follow all those Measures which some Men propose as the only Security both of the one and the other Never perhaps was there a more proper time wherein to secure our Religion together with our Civil Liberties than now offers it self if we have but the
notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
support an impoverish'd and sinking Nation Neither is this the only Inconveniency tho' it be a very great one for if we state our selves in opposition to England by Restoring the King whom they Rejected it is not to be doubted but he will use his uttmost endeavour to recover that Kingdom the loss of which is so considerable Now seeing it were vain to suppose that the Scots alone were able to second his desires he must needs have recourse to the French and Irish whose Religion will procure a more intire Confidence than His Majesty can repose in any others These therefore must be received into our Bosom and because Scotland is the most proper place for Invading England it must be the Scene of all the Blood and Confusion that this melancholly Thought gives us a Prospect of And what treatment can such Sham-Protestants expect from these who otherwise would have become their Friends and Allies And what Figure will they pretend to make when they set up for a separate Interest from all the Confederate Protestants in the World besides The happy Success the PRINCE his Enterprize has met with has made a considerable Alteration in the Affairs of Europe for that great Enemy of the Protestants and even of Christianity it self who had propos'd nothing less to himself than an Universal Monarchy whom the Strictest Leagues and Contracts cannot bind but without regard to GOD or Man threatens all his Neighbours with utter Destruction by the Scene 's being changed among us is so far humbled that from a Proud and Insulting Enemy he is become a Supplicant for Peace well foreseeing that if Britain join with those other Princes whom his Insolence Cruelty and Avarice has so justly Armed against him his Ruine is Inevitable So that if we have not Soul enough to enjoy this great Blessing and can easily part with the Glory of being once more the Arbiters of Europe let us at least have so much Christian Love and Charity for the Neighbouring Nations of our own Perswasion as not to expose them to a necessary Participation of these Plagues which our Common Enemies are preparing for us and which will certainly Terminate in all our Destructions Lastly I beseech you to consider what Persons they are who would Instill this Poyson in you and you will find them of three kinds First those who Postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Iustice and Mercy equally Flourish Virtue and Merit not Villany will be rewarded Secondly They who are ignorant of the Nature of Government and were never at the pains to inform themselves what Measures the Law of Nature and Nations have set to mens Obedience but are angry at every thing that thwarts their wild Notions and will admit of nothing tho never so reasonable and convincing if their dull Capacities cannot reach it The third sort are such as have been instrumental in the inslaving their Country and are afraid if they be called to an Account they may be brought to suffer Condign Punishment if such cannot succeed in their Design they at least hope to be overlook'd in a General Confusion so they have nothing unessayed that may tend to their own safety and if Heaven fail them they summon Hell to their Aid not that Love to their Prince but meer Ambition and Interest drives these Criminals to such Attempts neither are they much to blame if they are at such pains to sow Divisions among us But no Person of Wit and Iudgment nor any Good Man that is truly Protestant and minds the good of his Country will suffer himself to be so grosly imposed on by such Firebands who would build their Furture Imaginary Greatness on the Ruine of Our Religion Laws and Country The Grounds upon which the Estates of Scotland Declared the Right of the Crown of Scotland FORFAULTED and the Throne become VACANT I. BBcause King Iames the Seventh is a Professed Papist II. That the said King Iames did assume the Royal Power and acted as King without ever taking the Oath required by Law. III. That he hath by the Council of evil Men invaded the Fundamental Constitution of the Kingdom and changed it from a limited Monarchy to an Absolute and Despotick Power IV. Which Power he hath imployed to the Subversion of the Protestant Religion and the Violation of the Rights of the Subject And thereby V. Hath inverted all the Ends of Government The Opinion of two eminent Parliament-Men justifying the lawfulness of taking the Oaths of Allegiance to King William and Queen Mary I. FIdelity and Allegiance sworn to the King is only a Fidelity and Obedience as it is due to him by the Law of the Lands for were that Faith and Allegiance more than what the Law requires we should swear our selves Slaves and the King Absolute whereas by the Law we are free notwithstanding these Oaths II. When therefore by the Law Fidelity and Allegiance ceaseth then our sworn Allegiance ceaseth for if Allegiance might be due by the Oath to one Person whilst by the Law it ceaseth to him and becomes due to another Person the Oath then would oblige Men to transgress the Law and become Traytors and Rebels whereas the Oath is part of the Law and therefore ought to be so interpreted as may consist with it III. Fidelity and Allegiance are due by the Law to King William and not to King Iames for the Statute of 25 of Edward 3 d which defined all Treasons against the King and is the only Statute to that purpose now that Statute by the King understands not only a King de jure but also a King de facto tho not de jure against whom those Treasons Lie whence the Lord Chief Justice Hales in his Pleas of the Crown p. 12. discoursing of that Statute tells us that a King de facto and not de jure is a King within that Act and that Treason against him is Punishable tho the Right Heir get the Crown and that this hath been the common Sense of the Law Sir R. S. upon application to him about it hath assured us And according to another Statute 11 Hen. 7. ch 1. It is declared Treason to be in Arms against a King de facto such as Richard the 3 d was tho it was in behalf of a King de jure So then by the Law of the Land all things are Treason against King William which have been Treason against former Kings therefore the same Fidelity Obedience and Allegiance which was due to them is due to him and by Consequence may be Sworn to him by the Law of the Land. Allegiance and Protection are always Mutual and therefore when King Iames ceased to Protect us we ceased to owe him Allegiance by the Law of the Land and when King William began to Protect us we began our Allegiance to him These Considerations are in our Opinion sufficient to remove the Grand Scruple about the Oaths
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books
or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me J A. DALRYMPLE Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. the Earl of Argyle Sir Iames Montgomery of Skelmerly and Sir Iohn Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at 3 of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a rich Canopy they first presented a Letter from the Estates to His Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and read to Their Majesties the King returned to the Commissioners the following Answer When I engaged in this Undertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word distinctly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation-OATH of England The Arch-Bishop or Bishop shall say WIll You solemnly Promise and Swear to Govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-Bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-Bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Queen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep. So help me God. Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland Faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the Landable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all Persons without exception as the Lord and Father of all Mercies shall be merciful to uâ— And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY FINIS a a Distinct. 19. cap. a Caus. 25. q. 1. cap. 11. b b Cap. Vergent de Hereticis c c Cap. Infam 6. q. 1. p. 297. d d Suar. de Fide disp 12. §. 9. n. â— l. 2. c. 29. e e Cap. de Haer. f f Aâ—zoâ— Tom. 1. l. 8. c. 12. q. 7. g g Cap. 2. Sect. fin de Haer. in 6. h h Cap. cum secundum Legis de Haer. Inno III. cap. de Vergentis i i Vasque in Suar. disp 22. S. 4. n. 11. k k S. 1. n. 5. l l Cap. Vergent de Haer. m m Cap. ad abolendum de Haâ—r Suâ—r Dis. 23. Bul. Vrb. 4. Inno. 4. n n Jac. de Gra. decis l. 2. c. 9. n. 2. o o Bonacina Diano Castro Molanus c. Car. Allen. ad mon. to Nobl. Peop. p. 41. p p â—riess of P. G. 13. Clem. 8. q q 5. Ies. Trial p. 28. r r Col. Lr. â—o the Internâ—ncio s s Prance 's Nar. p. 4. t t Caus. Ep. p. 189. u u Five Ies. Tâ—iâ—ls p. 2â— x x Caput Offiâ—â—â—m y y Bonâ—ciâ—â—a dâ— prinâ— prat Disp. 3. q. 2. z z Parson 's Philop. p. 109. a a Becan Cont. Aug. p. 131 132. In Fowlis p. 60. b b Oats 's Nar. p. 4. N. 5 c. c c Hist. Ref. p. 110. a a Prout Regalis Officii exposcit utilitas b b Sicome le profit de Office Demaunde The Kingly or Regal Office of this Realm Mar. Sess. 3. cap. 1. Give us a King to judg us 1 Sam. 8.5 6 20. 18 Edw. III. 20 Edw. III. Cap. 1 2. 1 Iac. 1. cap. 1. 35 H. 8. cap. 1. 6 E. 6.11.1 2 3. Om. 10. 1 El. 6. 1 El. 3. Church-man