Injury So that the Inference from these Premisses will utterly overthrow the Objection of our Adversaries in favour of the late King James For if a Patron that out of a Principle of Cruelty exposeth the Life of his Slave makes a Forfeiture of his Property in him much more may a Prince for the same Reason forfeit all his Interest in his Free-born Subjects And if a Natural Father who seeks the Destruction of his Son does therefore lose all just Claim to that Son's Obedience much more may a Prince who is but a Casul Political Father and is invested with that Relation only by Agreement and Compact may a Fortiori for the same Reason make a just Forfeiture and lose all just Claim to the Obedience of his Political Children So that the Convention of the Estates Assembl'd at Westminster in Deposing the late King and conferring the Crown upon our Gracious King William the Third have done nothing against the late King James but what they were necessitated to do and what they are justify'd in doing by the greatest Authorities in the Christian World At the late King 's Going off and making no manner of Provision for the Administration of the Government the Nation seem'd to be in the same Condition they were in when the Original Contract was first made and the same Care was requisite to settle the Distracted Affairs of the Realm under that Confusion wherein he left it as if we never had been bless'd with any Settlement at all and consequently the Convention upon the Vacancy of the Throne had Power to Model Things as the present Circumstances of the Publick exacted without being confin'd to the Presidents of former Ages and yet so great was the Modesty of that Venerable Assembly and their Care to prevent Innovations that they did nothing but what had been already done upon the like Occasion many Hundred Years before How the Clergy the Barons and the Commons deported themselves towards King John five Hundred Years ago and Deposing him and Electing Lewis of France I have already acquainted you and therefore shall say no more here than that the Grounds of their Proceedings were for Re-gaining those Franchises that were notoriously invaded by that Arbitrary Prince and are contain'd in the Great Charter of England King Edward the Second tracing the same Arbitrary Methods the Barons send him word That * Trussell 's Hist p. 2â—6 unless he put away Peirce Gaveston that corrupted his Counsels and squander'd his Revenue and also addicted himself to Govern by the Laws of the Land they would with one Consent Rise in Arms against him as a Perjur'd Person And so they did and Beheaded his Minion Gaveston notwithstanding the King 's earnest Sollicitation for his Life The same Fate attended the Spencers And a Parliament being call'd without his Consent at length himself was Depos'd who confess'd the Sentence of his Deposition was just that he was sorry he had so offended the State as they should utterly Reject him but gave the Parliament Thanks that they were so * Trussell 's Hist p. 218. gracious to him as to Elect his Eldest Son their King King Richard the Second being laps'd into the same Misfortune of Affecting a Tyrannical Government the Lords and Commons declare unto him then at Eltham That †Knighton An. 1386. in case he would not be govern'd by the Laws Statutes and Laudable Customs and Ordinances of the Realm and the Wholsome Advice of the Lords and Peers but in a Head-strong Way would exercise his own Will they would Depose him from his Regal Throne and promote some Kinsman of his of the Royal Family to the Throne of the Kingdom in his stead But this Warning having no Effect at length a Parliament is Call'd without the King's Consent or Approbation by Henry Duke of Lancaster They requir'd him to Resign his Crown which tho' he condescended to and actually perform'd it as directed yet the * Trussell l. 2. p. 43. Parliament then Sitting thinking this Abdication not sufficient to build upon because the Writing might be the Effect of Fear and so not Voluntary and Spontaneous they thereupon proceed to a Formal Deposition in the Names of all the Commons of England upon the Articles Exhibited against him which consisted of Twenty nine Particulars and the greatest part of them relating to the Affairs of that Time in which this Age is not concern'd I have contracted them into a narrower Compass than in the Trussell's Hist Original without omitting any thing that is material and are what follows viz. That King Richard the Second wasted the Treasure of the Realm That he Impeach'd several Great Lords of High Treason that Acted for the Good of the Kingdom by Order of Parliament That he perverted the Course of Justice and took away the Lives and Estates of certain Noble-Men without Form of Law That he affirm'd All Law lay in his Head and Breast and that all the Lives and Estates of his Subjects were in his Hands to dispose of at pleasure That he put out divers Knights and Burgesses Legally Elected and put in others of his own Choice to serve his Turn That he Rais'd Taxes contrary to Law and his own Oath And Banish'd the Archbishop of Canterbury without Just Cause or Legal Judgment pronounc'd against him For these Reasons he was formally Depos'd by Parliament who at the same time Consented that Henry Duke of Lancaster should be Crown'd King tho' the Right of Blood was in Edmund Earl of March because now Henry the Fourth had signaliz'd himself in Delivering the Nation from the Tyranny of Richard the Second And after the same manner tho' with a more Free and Absolute Election proceeded the late Convention of Estates in Deposing James the Second and filling the Vacant Throne with our present Monarch William the Third who under God was the Glorious and Happy Instrument of Freeing England from the Tyranny of the late King These Proceedings I have already prov'd to be consentaneous to all Laws And to confirm it shall only add That amongst all the Unfortunate Princes that have been laid aside by their Subjects none were more justly Dethron'd than James the Second We read of some Princes that were Depos'd because they were Infected with the Leprosie but I think none will pretend that Leprosie under the Law was as Incompatible with the Government as Tyranny and Setting up of Idolatry was at this Juncture for that Disease was not in the power of Oziah to help but Tyranny was the Efflux of the late King 's Arbitrary Will and the Gratification of his Sensual Appetite Besides Leprosie is but a Disease in the Body but Tyranny in the Soul Leprosie was but a Ceremonial Evil but according to this manner of Speaking Tyranny is a Moral Evil. Leprosie does but infect Tyranny destroys King Childeric of France was Depos'd for Slothfulness and neglecting the Affairs of the Kingdom and it it must be acknowledg'd this shameful
Services done for the Government yet do their utmost to make it Contemptible Some of them carry their Fire in Dark-Lantherns sigh out their Sorrows for Mis-managements deplore the Danger that hangs over us and persuade the World that every thing is out of Order because themselves are out of Office Others Rail outright and carry the Brands Ends open in their Mouths to kindle Combustions and Archimago-like make Variance between the Head and the Body upon no other Ground than Obloquies Suspicions and Fears those Brats of Rotten Fame that have no Father but their own Invention These are A sort of Men Illuminated into a kind of Distraction whom nothing can please and what any thing cannot but displease ever constant to their Old Dislikes and the Beginning of New Wishes and who like the Bay of Biscay are always Rough and Angry let the Wind blow where it will Talk of Loyalty and Obedience you raise their Passion and they call you Tory If you talk Well of all Men they call you a Trimmer Speak of preserving a due Temperament in the State they call you a Whig or Republican And say nothing and they proclaim you a Fool because you are not a Busie-Body What a strange Pass are Things brought to by carrying all Things into Extremities Some Men by Overstraining the Doctrine of Obedience made it Contemptible Must we therefore wholly lay aside that Evangelical Precept Because we are not oblig'd to obey a Tyrant must we therefore dispute away our Duty to the King and make our Submission as Arbitrary as the Power we declaim'd against Because we ought not to submit to a Destroyer must we not obey our Preserver Because a more than ordinary Liberty of Censuring Publick Affairs was assum'd in our late Times of Confusion and Disorder must that Pragmatical Humour be continu'd to create new Jealousies and Disturbances now the State is settl'd a Good King in the Throne and Justice equally Administer'd through the whole Kingdom No! Sure 't is time for these Over-active State-menders to comport themselves with more Modesty and Decency to the Government to bind their Tongues to the Good Behaviour to Restrain Seditious Discourses and Intermedling in Publick Affairs to study to be Quiet and do their own Business to fear God honour and obey the King For whatever they think of it or however it may have been abus'd or mis-apply'd in former Reigns Obedience to Princes is the Doctrine of the Bible and the Indispencible Duty of Subjects to their Sovereign And therefore upon that Head I will here endeavour to settle it You cannot be ignorant what a Character our Enemies give us viz. That we are as Unchangeable as the Wind and as Unconstant and Quarrelsome as the Waves of the Sea that are always Fluctuating and dashing themselves to pieces Fickleness is the Reproach of our Nation abroad and has render'd us Vile and Cheap amongst other Nations Now an Opportunity is put into our Hands to confute those Prejudices by a Stability in our Allegiance to such a King and Subjection to such a Government as all Europe admire and envy us for Now we have an Advantage to shew our Complaints again the late King were True and that the Causes of them were Real and may gain a Reputation of our Conduct when we shew by our Actions that as we had the Prudence to change so much for the better so we have the Wisdom to know when we are well and the Honesty to continue so The Papists reproach our Religion with Disloyalty and therefore after we have struggl'd so hard to keep it we ought to shew it was worth Contending for and wipe off that Aspertion by extolling its Vertue because amongst other Excellencies it obliges us to a Fermety in our Allegiance beyond all other Motives in the World and that upon a Religious Foundation chiefly we build and maintain our Duty to the King and tho' Lower Considerations have sometimes their Place and Value yet that the Grand and Durable Obligations spring from those Sacred Maxims And I the rather press it to you upon this Score because it will justifie you before God make you appear truly Religious and Reasonable before Men and will be thought best Subjects by the King because your Loyalty is the Fruit of your Religion As for Interest it is so Uncertain and Changeable a Thing that it gives a Prince no Security in Relying upon that Topick nor a Subâ—ect can scarce trust himself with it For the same Reasons that now Induce Men to be Loyal may if the Scene should change a better Offer â—e made and a Pardon inclos'd prevail with the same Persons to be Rebels and Traytors Those that follow'd our Blessed Saviour for the Loaves whereof they eat and were fill'd soon forsook him And those that adhere to our King only as Rats and Mice do a Barn because there is Grain in it are in danger of Deserting him as soon as they find their Expectations frustrated Things are but at an Ill pass when Subjects Loyalty continues no longer than while they are Oblig'd by Favours and when every froward Person shall set up against the Court if he be not Advanc'd and Rewarded as his own Ambition and Avarice tells him he ought to be Gratitude and Thankfulness to a Prince are eternally due from his Subjects and is a good Foundation to build our Obedience upon but we have sorrowfully experienc'd that some Men's Loyalty have expir'd with their Shouts and Acclamations or at least but the Loss of an Employment and all the Reason that can be given for it is because their Duty was not grounded upon Religion and Conscience The People of England have been always great Pretenders to both and now if they have not so long wrangl'd about these Things that they have quite lost them and have had God and Conscience so long in their Mouths that their Hearts have almost forgotten there are any such Thing it now concerns them who have seen so many visible Interpositions of Providence in behalf of our King our Church and our Nation those strange and sudden Changes of Things and such a mighty Deliverance effected which nothing but the Right Hand of God could bring to pass it concerns them I say to shew that they have a true Sense of Religion and Conscience in practising an Uninteressed and Undissembled Obedience to their Sovereign Lord King William for this is all the Requital and Compensation they can make to His Majesty for all his Favours and Care of them and would in some measure sweeten and aleviate the Burthen of them Shall I be allow'd to say one thing without Offence or Imputation of Flattery That if ever any King might expect Chearful Obedience from us for his Own sake or claim it for God's sake King William that now Governs us may do it justly His Majesty's Great and Glorious Undertaking His Indefatigable Pains His Toilsom Days His Restless Nights His Anxious Cares in preventing
As for his Departure out of the Kingdom tho' I have already prov'd it was a Plot of his own laying in hopes to Involve the Nation in greater Confusions than his own Conduct had already reduc'd it to yet in this Case 't is not material whether it was Voluntary or Involuntary since his Withdrawing himself was but a Continuation of his former Actings wherein he declar'd he would not govern by those Laws that made him King of England and was an express Renunciation of his Regal Authority To say that Abdication implies a Formal Renunciation by Deed is to mistake the Case for in the Common Law of England and in the Civil Law and in Common Acceptation there are Express Acts of Renunciation that are not by Deeds * Debate between Lords and Commons pag. 35 36. The Government and Magistracy are under a Trust and Acting contrary to that Trust is a Renunciation of that Trust tho' it be not a Renouncing by a Formanl Deed for it is a plain Declaration by Act and Deed tho' not in Writing that he who hath the Trust and acting contrary is a Disclaimer of the Trust especially if the Actings be such as are Inconsistent with and Subversive of this Trust For how can a Man in Reason or Sense express a greater Renunciation of a Trust than by the constant Declarations of his Actions to be quite contrary to that Trust and therefore must be constru'd an Abdication and Formal Resignation of it That a King may Renounce his Kingship may be made out by Law and Fact as well as any other Renunciation And that it may and hath been will be no Difficulty to to make out by Instances in all Countries not only where the Crown is or was Elective but also where it was Hereditary and Successive * Debate aforesaid p. 76. If a King will Resign or Renounce he may do so as particularly Charles the First did 'T is an Act of the Will and consequently in his Power to do as he thinks fit And the late King gave manifest Declarations of his Resolutions to do it in several Instances as has been particularly shew'd already Grotius and all other Authors that treat of this Matter and the Nature of it do agree That if there be any Word or Action that does sufficiently manifest the Intention of the Mind and Will to part with his Office that will amount to an Abdication or Renouncing Now had King James the Second came into †Idem p. â—7 â—8 an Assembly of Lords and Commons in Parliament and expressed himself in Writing or Words to this purpose I was born an Heir to the Crown of England which is a Government limited by Laws made in full Parliament by King Nobles and Commonalty and upon the Death of my last Predecessor I am in Possession of the Throne and now I find I cannot make Laws without the Consent of the Lords and Representatives of the Commons in Parliament I cannot suspend Laws that have been so made without the Consent of my People This indeed is the Title of Kingship I hold by Original Contract and the Fundamental Constitution of the Government and my Succession to and Possession of the Crown on these Terms is part of that Contract This part of the Contract I am Weary of I do Renounce it I will not be oblig'd to observe it I will not execute the Laws that have been made nor suffer others to be made as my People shall desire for their Security in Religion Liberty and Property which are the two main Parts of the Kingly Office in this Nation I say suppose he had so express'd himself doubtless this had been a plain Renouncing of that Legal Regular Title which came to him by Descent If then he by particular Acts such as are enumerated in the Vote of the Convention of the 27th of January he has declar'd as much or more than these Words can amount to then he has thereby Declar'd his Will to Renounce the Government He has by the Acts before-mention'd manifestly declar'd that he will not govern according to the Laws made nay he cannot do so for he is under a strict Obligation yea the strictest and Superiour to that of the Original Compact between King and People to Act contrary to the Laws or to Suspend them This did amount to a manifest Declaration of his Will that he would no longer retain the Exercise of his Kingly Power as it was Limited and Restrain'd and sufficiently declar'd his Renouncing the very Office And his Actings declar'd quo Animo that he went away because he could no longer pursue nor accomplish what he design'd and was so strongly oblig'd to that the Splendour of three Crowns could never divert him from it It was an Abdication in the highest Instances Not a particular Law was violated but he fell upon the whole Constitution in the very Foundation of the Legislature Not only particular Persons were injur'd but the whole Frame of the Kingdom the Protestant Religion and our Laws and Liberties were all in danger of being Subverted And which aggravates the Circumstances the late King himself who had the Administration Intrusted to him was the Author and Agent in it And when he cold no longer afflict us himself went away with Design to obtain Foreign Forces to compel our Submission to his Arbitrary Power Now because the late King had thus Violated the Constitution by which the Law stood as the Rule both of the King's Government and the People's Obedience therefore it was judg'd an Abdication to all Intents and Purposes and that by his Abdication the Throne became Vacant Nothing less than Things grown to such Extremities could warrant these Proceedings for God forbid every Violation of the Law or Deviation from it should be accounted an Abdication of the Government The Thoughts of such a Severity upon * Debate between the Lords and Common pag. 86. Crown'd Heads is abhorr'd by all Good Men. For when a King breaks the Laws in some few particular Instances it is sufficient to take an Account of it from those Ill Ministers that were Instrumental in it Why such a thing was done contrary to Law Why such a Law was not put in Execution by them whose Duty it was to see it done In Ordinary Cases of Breaking the Laws you have Remedy in Ordinary Courts of Justice and in Extraordinary Cases in the Extraordinary Court of Parliamentary Proceedings But in our Case where we were left without Redress the Malefactor being both a Party and Judge of his own Breaches of Law made Extream Remedies absolutely necessary and has been always practis'd upon the like Emergencies For The Great Council or Assembly of the Estates of this Kingdom from the first Institution of the Government had an Inherent Right to Assemble themselves in all Cases of Necessity such as Abdications Depositions Disputable Titles to the Crown Setling the Successions and to supply the Vacancy of the Throne as the
being such that where one Party does not perform his Covenant the other are absolv'd from theirs Which Advice being approv'd the Lords and Great Men of the Kingdom Assemble at Soissons Depose Childeric and Elect Pepin to be their King But above all I am amaz'd to hear the * Advice de Refugies p. 60. French Missionaries and other Writers so openly and scandalously Declaim against Dethroning Kings when the very Monarch that now enjoys the Crown of France wears the Crown in Consequence and by Right of such Depositions Nay It would be no hard matter to prove that almost all the Governments in the World owe their Settlements to Conventions of Estates Assembl'd and Authoriz'd by a Necessity of providing for the Publick Safety So that the Conventional Parliament of England in Deposing James the Second made no Incroachment upon the Rights of Kings nor Violation of the Law of God of Nature or the Law of Nations but agreeably to all these Laws Asserted their own Rights in taking more Care for the Safety of a whole Kingdom than the Pretentions of a Single Person who endeavour'd to destroy it And in this they did but follow the Practice of former Ages in their own Country as will appear by and by in the following Examples God has invested Kings with a Power to do Justice but not to commit Violences and therefore when they wilfully convert their Authority into a Power of Destruction as James the Second did Subjects have a Right by the Law of Nature to Repel Force by Force for the Necessity of Publick Safety is a Law so Sacred that it Abolisheth all others that oppose it and Justifies all the Revolutions and Settlements in the World that are built upon that Foundation It is the First and greatest Obligation of Mankind to procure and promote the Welfare of the Body whereof they are Members which if every one would think himself oblig'd to do there would be a Circulation of Safety and Prosperity through the whole * Eâque lege notus sis ut ea habeas principia naturae quibus parere quae semper sequi debeas ut utilitas tua communis utilitas sit vicissimque communis utilitas tua sit Cicero lib. 3. expresseth this to the Life in saying That we are born under a Law and instructed by the Principles of Nature that oblige us to prefer the Common Good before our own so that at length the Common Good may be our own Advantage also With a single Respect to this Common and Mutual Good the Light of Reason shining in Wiser Heathens which yet shines brighter in Christians exalted by Revelation dictated the Necessity of Government as an Instrument without which it could not possibly be attain'd Fair Useful Just and Equal Rules of Conversation were by Common Consent agreed on and some One or More Persons Renown'd for Wisdom Probity and Courage were Intrusted and Impower'd to Inforce as Occasion should require the Community to observe them Which Ruler was bound by Mutual Compact to govern by the Rules agreed on and under that Condition the People gave their Oaths to obey him So that those People that think themselves bound by their Oaths to an Absolute Obedience to their Prince without Reserve forget that the Rulers Office is merely Relative to their People's Welfare and they also forget their first Obligation to seek the Good of the Community If a Ruler act contrary to his Trust by setting aside the Laws of the Constitution made and agreed on by Prince and People as necessary for the Conservation of every Individual Person and by excercising an Arbitrary Power of his Own Erecting evidently seeks the Ruin of that Body he ought to preserve the Necessary Defence of themselves is no Offence against the Nature of Government which was Originally Instituted for the Preservation and not for the Destruction of the Society and therefore cannot be looked upon as Criminal The Judgment of the great Melancton concerning Government in his Exposition on the Fifth Commandment will clear this Point In regard saith he something will go amiss in every Society for the Love of Peace we must bear with many Faults of our Princes and so long as they design well in the main tho' they fall into Mistakes we ought to bear them with Patience and hide their Frailties as much as possibly we can But of a Tyrant he says a few Lines before * Nec praetextu operis Divini excusanda aut tuenda sunt vitia nec propter loci dignitatem tolerandae sunt manifestae Atroces injuriae impietates flagitiosae libidines Tyrannorum sine fine grassantium sed reliqua politia cui Deus gladium dedit recte facit cum Caligulas Nerones similia portenta removent a Gubernatione That the Pretence of a Divine Right can neither excuse or justifie his Crimes nor the Dignity of his Office tolerate him to exercise a Wicked and Wilful Tyranny but when his Impieties and Injuries to his People are evident and unsufferable the Powers to whom God hath in such an Extremity committed the Sword to protect and deliver an Oppress'd Nation may remove him from the Government as the Romans did Caligula Nero and other Monsters of Cruelty who were not only Enemies to the Commonwealth but to all Mankind Indeed when an Absolute Government hath for the Sins of the People taken firm Rooting which Thanks be to God was not England's Case I deny not but such as were born under it ought to be content with their Servile Condition till Heaven is prevail'd with by their Prayers and Piety to release them from Thraldom But in a Free Estate the Case stands as is before rehears'd Polanus in proposing the Question whether we ought to obey an Absolute and Tyrannical Prince exactly answers the Case of England under the Reign of the late King James saying We must distinguish between an Absolute and a Limited Monarchy in the former it must be born with because the Prince does but exercise his own Authority like Nebuchadnezzar But Sed si Rex seu Princeps habeat limitatum adstrictum certis conditionibus in quas juravit seu quas se promisit servaturum Penes Status aut Primores Regni seu Principatus est coercere Regis seu Principis Tyrannidem immanitatem Syntag. lib. 10. cap. 62. if the King or Prince governs in a Limited Monarchy where he receives his Crown on certain Conditions which he promises and swears to observe but instead of it breaks his Oath and sets up a Despotick Power unknown to the Constitution and Inconsistent with the Safety of it the Estates of the Kingdom may depose him from his Royal Dignity And this is Melancton's meaning also as may be collected from his Words already cited cui Deus gladium dedit to whom God hath given the Authority The Case thus stated makes England unconcern'd in the Deep Submissions of the Primitive Christians who tho'