when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure
Prince should become our King Such an abhorrence they themselves had against the mischiefs that would thereupon ensue to the Nation Is it fit after this that the lawful endeavours to Exclude him should be accounted a Protestant Plot and those that desire it for that reason onely accounted Enemies to the Government and Designers to change it What madness is it that his arrival amongst us should be welcomed with any tokens of joy That Addresses should be made in his favour That we should court that mischief that the wisdom of all our Estates in several late Parliaments have consulted how to avoid To turn so fond of a Popish Successor as to be content to quit our Parliamentary Constitution our Government for his sake for his sake we have had Parliaments Dissolved and his presence will not give us leave to hope for a Parliament But let no honest man be affrighted and put out of Countenance with any Imputations or Reproaches of Sedition whilst he adheres to the Sense of all the Estates in Parliament and that which hath been in some sort the Kings Sense too They are the Seditious that propound deceitful Expedients which tend to change the Government and to Embroil His Majesties Kingdoms who are contrary to the Sense of the States of the Realm oppose the voice of Nature and the common Sense of the whole Rational world That are contrary to the Government and do as much as in them lies go about to dissolve it by lessening the Powers of Parliament exercised and declar'd in their Acts and more especially in the Act of Parliament 13 Eliz. Cap. 1. for that purpose was that declaratory Law made to prevent our relapse into Popery and the return of the Popish Superstition and the Roman yoak upon us These therefore are the only Murmurers amongst us against Moses and Aaron our Civil and Ecclesiastical Reformers who brought us out of the Land of Egypt and out of the house of Bondage who though dead yet speak and their Authority yet lives in our Laws and is to be obey'd by us we have no rules of Obedience to our Prince but the Laws and the Authoritative Declarations of the Government which are called the Kings Laws and the Kings Will and Pleasure whensoever they were first made in all succession of time These Murmurers are saying one to another Let us make a Captain and let us return into Egypt and yet they rub their foreheads and say that they are clear of the gain-saying of Korah and Dathan and are not of the company of Abiram Though if they will consider the story they will find themselves in that company for those that were for a Captain to return into Egypt Numb Cap. 14. did continue their Murmurings upon what ensued thereupon against Moses and Aaron headed by Korah Dathan and Abiram Numb Cap. 16. and both are remembred as one offence Psalm 106. So miserably do these men abuse their Consciences first and then abuse the Scripture to serve their turn The unstable more than the unlearned wrest the Scriptures to their own destruction These men against all congruity and analogy do object the story of Korah and his Accomplices against the Adherers to Moses and Aaron and reproach them with the Names of those Evil and unfortunate men who do what they can to hinder our return into Egypt and are not for this Captain of theirs Quis tulerit Graccos de Seditione querentes These are the most dangerous Schismaticks a most mischievous sort of Puritans The malignity of Puritanism is to pretend to be more righteous than Laws Where no Divine Law interposeth but the matters are left by God to the prudence of Governments and to their appointments and directions to pretend Religion for their Schismatical Separations to disobey their Governours when they have no command of God against their injunctions though they have no Law of God for the matter injoyn'd But the Church-Puritans have some pretence for their Disobedience because Religion is certainly of Divine Institution in the Substance and Essentials thereof they pretend they keep close to the Divine Institution and they at the worst do but preposterously prefer Sacrifice to Obedience But this Civil Puritanism which we complain of is neither Obedience to God or man nor yet Sacrifice Sacrifice it cannot be where Religion it self must be the Victim not Obedience but an enormous and monstrous sort of Disobedience they disobey not to please themselves but for meer mischief to themselves these are sinners against their own Souls with a witness By departing from the Rules of Government they are about to betray Gods true Religion and the Government and they must become either Rebels or Slaves either Apostates or Martyrs But Martyrs if they be it will be rather of their folly than of Religion and God will take no pleasure in the Sacrifice of Fools The wickedness and folly of these men seems peculiar to this present age it seems prepared by the Divine Nemesis to punish our prevarications from the rules and obligations of that Religion which we have dishonoured by our professing to believe it that so it and we should perish and be extinct together that we should then pretend to be conformable to the Institutions of his Holy Religion when we are in a course of utterly subverting it What impudent hypocrisie is this to pretend to obey our Governours for Gods sake when they really are contrary to the Fundamental Constitutions of State and by being so assist to the Extirpation of Gods true Religion Establisht amongst us by Law Laws cannot be controul'd by the Princes pleasure they oblige when his Personal Commands do not Kings cannot make their Governments other than an universal consent hath made them and such we are obliged to continue them A man may neglect his own private right without fault for in that he is onely accountable to himself But the Rights of the Government the Rights of the Community can never be lessened or neglected in their use when the condition of the Nation requires their Exercise Where we have a liberty or right to do an act a supervenient necessity makes that act our duty When the case occurs wherein that right is to be used and for which that Authority was created then they that have that right and that authority are as much obliged to use it as if there had been an express Law to injoyn them To be short I wish the haters of Puritans would consider for themselves as well as others that there is an obedience of Faith as well as of Manners due both to God and our Governours That our judgments are to be form'd by the rules of right Established by Law as well as our actions to be governed in obedience to Laws commanding and enjoyning them By that Faith that every man owes to the Government he is obliged to defend the Constitutions thereof they are more properly Covenants than Laws which yet Aristotle calls so they are the Communes
by Parliament ought not to direct the Right of the Crown of England Or that our said Severaign Lady the Queens Majesty that now is with and by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient Force and Validity to limit and bind the Crown of this Realm and the Discent Limitation Inheritance and Government thereof Or that this present Statute or any part thereof or any other Statute to be made by the Authority of the Parliament of England with the Royal Assent of our said Soveraign Lady the Queen for limiting of the Crown or any Statute for Recognizing the Right of the said Crown and Realm to be Iustly and Lawfully in the most Royal Person of our said Soveraign Lady the Queen is not are not or shall not or ought not to be for ever of good and sufficient Force and Validity to Binde Limit Restrain and Govern all Persons their Rights and Titles that in any wise may or might claim any Interest or Possibility in or to the Crown of England in Possession Remainder Inheritance Succession or otherwise howsoever And all other Persons whatsoever every such person so holding affirming or maintaining during the life of the Queens â—…elly shall be adjudged a High Traitor and sufâ—…r and forfeit as in Cases of High Treason is acâ—ustomed and every Person so holding affirming or maintaining after the Decease of our said Soveraign â—ady shall forfeit all his Goods and Chattels AN ANSWER TO A BOOK Published 1679. Intituled A LETTER FROM A GENTLEMAN of Quality In the COUNTRY to his Friend c. Relating to the Point of SUCCESSION to the CROWN c. BY several accidents the former sheets have stopt in the Press from a few days afteâ— the Great and Weighty Consideration were published and being now ready to comâ— forth we have a Gentleman of Quality as hâ— calls himself undertaking from Scripture Law History and Reason to shew how improbable 〈◊〉 not impossible it is to bar the next Heir in thâ— right Line from the Succession in a Letter to his â—onoured Friend A. B. And now after so long a time of consideration one should think the many men of great Parts â—nd Learning that are dependents on the Duke â—pirited with zeal and ambition should have offered all that they have to say against the Bill â—or excluding his Royal Highness And this â—eing as may be reasonably concluded the last endeavours of the most learned and best parted men of that Interest This Letter for that reason onely but not for any thing of moment that â—t offers deserves to be considered We will not follow him from Paragraph to Paragraph since the greatest part of it is vain and empty pedantick bombast and putid affectation I shall onely draw you up short Summaries of his several Reasons and give them all the advantages they can challenge and improve them by just and natural Inferences And that I think will be enough of confutation and a sufficient countercharm against his deceiving the People He first lays down for a Ground That the Succession to the Crown of England is inseparable annexed to Proximity and nextness of Bloud by the Laws of God and Nature And all Statute-Laws contrary to the Laws of God and Nature are ipso facto null and void That it is contrary to the Laws of God he proves by the Law of God given by Moses to the Jews in the 7th of Numbers that directs how the Succession of Lands should be amongst the Jews and whatsoever Statute-Laws are contrary to those Laws are null and void he saith The consequence of this Argument is this That the Laws given by God to the Jews are Laws to all Mankind That our common-Law and Statute-Law is against the Law of God and null and void because not agreeable to the Law of Moses That the eldest Son is not to take by Descent the whole inheritance but a double portion onely and that the Crown must be disposed of in Descents accordingly That not the first Son only and one Daughter but all the Daughters of a King if never so many must succeed together to the Crown That no Father can sell his Patrimony for that was the Jewish Law and established in that Chapter he quotes He proves it to be a Law of God further for that God saith to Cain of Abel That his desires shall be subject and thou shalt rule over him The consequence of this is that because Cain could not kill Abel notwithstaning he was to have the Primacy That Abel much more could not kill Cain his Elder Brother And further he proves that to be a Law of God because God maketh choice of the first-born to be Sanctified and Consecrated to himself And therefore it most certainly follows with this Gentlemen that he which is not the first-born must be so too I wish his Royal Highness the second born the Consecration of a Priest which the Text means notwithstanding the Text doth not allow it him so that he will not pretend to the Consecration of a King which is clearly out of the meaning of the Text. He says Consonant hereunto are the Suffrages of the Doctors of the Civil and Imperial Law The Consequence of this is first That he is not bound to be coherent to himself for he was before proving the Law of God to be That the Succession of the Crown is inseparably annxed to proximity of bloud and now he tells us of some Opinions of Fathers and Doctors that are consonant thereunto when they do not at all relate in their Opinions to what he had produced out of Moses his Law Secondly it follows that he is impertinently troublesome to his Reader by telling him of the Opinions of great names in this matter that the Eldest Son by ordinary right is to have his Fathers Estate in some Countries or that the Crown doth so ordinarily descend where the Succession is hereditary he should have spared them for another time when he shall say something that all mankind doth not agree in Thirdly That he is a man of little reading otherwise he would have been insufferably impertinent by 10000 quotations in this matter Fourthly That he is no Civilian for that in this place he calls the Soveraignity a Fee when all men agree that a Crown is of that fort of Inheritancs which they call Allodiums that are held 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This would have made a swinging Argument for his Jure Divino if he had thought of it but we will give it them gratis He tells us the Duke of York is in the same condition as the Eldest Son of the King Reigining though his Brother be King That the second Son of a King Regent when the first is dead living his Father is within the 25. of E. 3. that makes it Treason to compass the death of the King 's Eldest Son and that such Second Son is Prince of Wales and Duke of Cornwal The
us and recover us into a firm Peace and Union by just and necessary provisions for their support Whilst the Government is preserved the Church is safe and secure for no man can fear that the King and the States of the Realm will ever give place to wild Fanaticism and suffer so excellent an Ecclesiastical constitution as we enjoy to be subverted for any Extravagancies that shall deserve the name of Fanaticism But the pretences of our Neuters for their Neutrality are not more groundless than their reasonings are absurd by which they oppose the only remedies to the Evils that now beset us and the greater we fear That absurd Opinion Dominium fundatur in gratiâ is charg'd upon those that are for the Exclusion of the Duke and they think by pronouncing this piece of absurd Latine they have at once put to silence and shame all the reasons of Nature Religion and State that urge it and require it That there is nothing can be more absurd than that Dogma will appear for that almost whole Dutch Systems of false and paltry Theology go to the making of it in the most tolerable sense it can have and for that it hath been improv'd into a most villainous sense to give countenance to the vilest Outrages of the German Anabaptists But Dominium signify'd Property not Government and Rule until our admirably accomplished young Divines of this last Age out of their great skill in the Latine Tongue would have it so for the service of the great Defender of the Protestant Religion and of the Church of England All Rights as well Natural as Civil are forfeitable by Crimes in such measure and degree as Laws appoint and as good Government requires Notwithstanding Grace be not admitted a good Title to any thing that the Saint will desire though of the Roman stamp I confess Natural Rights but they are very few are not controlable by Laws but are by Laws to be defended and the free use of them to be justifyed and allowed most certainly not to be condemned by any Civil Authority A right in Nature every man hath to live until he hath forfeited his Life Whatever he doth that is necessary for his preservation is and ought to be justifyed by all Laws though he kills though he breaks the Civil Inclosure of Property which cannot and was never intended to shut out the Natural Right that every man hath in the last extreamities Every man hath a right to his plank in a Wreck though the owner of the Ship perish by him for want of it All the Authority of all the Legislators in the world united cannot make unlawful any Act that is done in self-preservation Sub moderamine inculpatae tutelae where the man is innocent But Civil Rights are without iniquity alterable and controleable by Laws and by acts of Government ordainable to the publick good Nothing is so intirely perfectly and abstractly Civil as Government the perfect Creature of men in society made by pact and consent and not otherwise most certainly not otherwise and therefore most certainly ordainable by the whole Community for the safety and preservation of the whole to which it is in the reason and nature of it intirely design'd But we are told by some that will not contest the lawfulness of Exclusion That we trouble our selves with the fears of an imaginary danger That we are endeavouring a remedy against the Evil that may never happen That we impertinently trouble our selves about providing that which we may never want or need That the Duke may dye before the King And if the Duke should survive he neither can nor will change our Religion That it is not lawful for any man Occupare facinus quod timet and to destroy the person whom he fears I wish it were considered on the other side That if the Duke dye before the King there is no wrong done to the Duke by Excluding him It is onely his hopes and expectations that are cut off for the preventing our fears a possibility of hurt provided against by shutting out the possibility of effecting it and that not by any hurt to his Person but meerly by disabling it a Remedy proportioned and suited to the disease we desire to be eased of our fears by a just security against them But if the Duke should certainly survive the King and could and would change our Religion they who thus discourse seem to allow it lawful to exclude him But for that they say the Duke if King will not or cannot change our Religion let every man consider his present Will and Power and how far he hath proceeded towards it before he is entred into his Kingdom These silly dreamers dishonour him whilst they pretend to serve him His Princely Virtues make him the more dreadful to a Protestant Kingdom They who thus talk make him a bad man of that bad Religion weak in his conduct and feeble in his power But how can this be when they have instructed the Nation into absolute obedience and have measured the duty of obedience by the Kings pleasure and not by Laws That the pleasure of a King is irresistable some of them will not allow passive obedience to be at all obedience Besides all caution is proportioned to the greatness of the Evils feared No wise man ever left the sum of his Affairs to Chance Where the Evils are not to be remedied or resisted when they happen the caution is just that prevents them If there be no remedy against the Evil we fear but the Exclusion the Exclusion is not onely lawful but commendable And for this we have the Authority of the Illustrious Grotius under his general Doctrine and determination Lib. 2. Cap. 1. De Jure belli ac pacis It is Engraven in Capital Letters upon the Foundation-Stones of all the Governments in the world That any person unfit for Government shall be Excluded from Governing Though Fools cannot read it until the foundations be removed and the Government subverted That his Royal Highness hath rendred himself unfit for the Government hath been declared more than once by the unanimous consent of all the States of the Realm and how far the King hath been of the same opinion may be conjectured by those Expedients that have been offered in several Parliaments by Privy-Councellors and Ministers of State and the Dukes greatest Friends Onely such were those of the late Parliaments that opposed the Bill of Exclusion but even these were for sequestring the Royal and Soveraign Powers and Authorities during the Life of a Popish Successor and to leave him content with the Name of a King onely An Indignity this both to the Name and Office a thing repugnant to the Fundamental Constitutions This tends to destroy the Monarchy it self It points directly to the Evils of the late times and would make the Parliament Sequestrators of the Crown But such absurdities those that appeared most his Friends would run us upon rather than a Popish
Reipublicae Sponsiones If we do not form our actions in agreeableness thereto and comport with them in our judgments we do not onely disobey the Authority of Laws but are also false Traytors to the Government by violating our publick Faith And now O ye people foolish and unwise ye stupid and perverse generation will you still persevere to call that which is lawful nay necessary nay commendable and heroical to which we are urged by necessity to which we are obliged by the virtues of Religion to God Loyalty to our King the Faith that we owe to the Community A doing Evil that Good may come thereof Your own Condemnation must be just if you be detruded amongst the number of stupid Sots reckoned amongst those that have lost their Reason extinguished their Faculties suppressed their virtue and have no other use of their Reason left them but what is to betray them to greater Evils as a just punishment for their former abusing it You perversely and absurdly mis-apply words without sense To the purpose that you may give countenance to your impieties your utter neglect of Gods true Religion the safety of your Prince and the publick peace and become Traytors to God your King and Countrey without any sense or remorse I have but one Observation to make and one word of my self and I shall conclude The Observation is this Scarce any Government hath been intestinely destroyed but its destruction was from it self which could never have hapned if the great men had not been guilty of connivance at and sufferance of Evils that might have been timely prevented And for that after the long continued stupidity of the upper and lower vulgus which are moved by nothing but what they feel they have grown impatient of the smart of those Evils they could not or would not foresee To this Histories do give ample testimony as they do also testifie that Concussions in Governments and Convulsions in State proceed mostly from Flatterers incroachments of power attempts upon the Government and decay of Faith and Trust in our Governours and secondly from Factious Demagogues But these never appear until the Flatterers and Projectors upon Government have first played their tricks they wait as Owls for the twi-light and Woodcocks for the winter they are onely useful as revulsive remedies against the Evils of the other but are without all manner of Grace where the Government is uprightly and duely Administred And thirdly and principally from the frailty of Humane Virtue When some of better place for the preservation of the Ancient Government and Gods true Religion amongst us will not endure to forego or loose some accommodations or advantages of life which they may be well without and perhaps do not deserve how can it be expected that the generality of Mankind should suffer Martyrdoms in meer Loyalty that is be contented to become miserable and and calamitous and have no other payment for their miseries and Calamities they suffer but that their Prince receives therein an imaginary pleasure and a false satisfaction When all is said men will never govern themselves by the Doctrine of the severe Casuists But their virtue of Loyalty will bear the same proportion as their other virtues do to the Canon of Morality The best service that can be done to any Government is to keep it true to its own Constitution good and tolerarable to the People To this all wise and good men should in their several places apply themselves with Heroical zeal a busie care manly and firm resolutions and thereby prevent if possible those Evils that Mankind will not endure and sustain If all that were dis-interested from any Faction would interpose with wise applications to such purposes Governments would not be so easily dissolv'd and Nations rendred miserable or ruin'd If all that are illightned and truly honest would thus dutifully behave themselves at all times to their King and Countrey both Demagogues and Flatterers would soon be ashamed confounded and forsaken both by Prince and People and Governments be of everlasting continuance But that no man may wonder at my boldness and the freedom I have used in these Discourses I have only this true account to give of my self That Loyalty and Religion and the Prosperity and Peace of my Countrey have therein entirely conducted my thoughts and guided my hand I have therein affirmed nothing but what is publickly known for truth and which the Cause I defend requires to be said It is the Cause of our Government Religion and Nation that I advocate The Cause is pleaded in its proper Court before God and the King Angels and Men no other forum can take Cognizance of the Cause To this the Writers of the other side hath invited us by appealing thereto with their Reasons I am free from any just imputation of malice and contumely against the person who is most concerned in the right disputed I have consulted therein his true Interest which cannot be divided from the Peace and Happiness of Three Kingdoms Justice her self will acquit me from having done any thing amiss and I cannot suffer in the Censures of honest and reasonable men In these Considerations I am encircled as in a brazen wall safe and secure for as for the fears of Rage and Injustice they shall never affect me The POSTSCRIPT SIR I Now render you my hearty thanks for your free advice you gave me concerning the publishing of the Argument for the Bishops Right of Judging in Capital Causes in Parliament and for asserting their civil Honours and Rights in the Government Because it hath given me an occasion both of vindicating the most of the Inferiour Clergy from those Imputations which you have remembred to me and are commonly discoursed to their disadvantage whereby they have lost their Esteem with the People and also of rectifying the mistakes of some for their number is not great who have given too much cause therein of publick complaints You disswade me from giving any assistance to the Rights of the present Bishops for that the Clergy out of whom the Bishops must be made have entertained Principles that are destructive to the Government They affirm you say That it is in the Power of a Prince by Divine Right to govern as he pleaseth that the power of the Laws is solely in him that he may if he please use the consent of Parliaments to assist the reason of his Laws when he shall give any but it is great condescention in Kings to give a reason for what they do and a diminution to their most unaccountable Prerogative You say That they are for a Popish Successor and no Parliament and do as much as in them lies give up our Ancient Government and the Protestant Religion the true Christian Faith to the absolute will of a Popish Successor giving him a Divine Right to extirpate Gods true Religion established amongst us by Law and to evacuate our Government by his absolute pleasure Our Government by a
King and Estates of Parliament is as antient as any thing can be remembred of the Nation The attempt of altering it in all Ages accounted Treason and the punishment thereof reserved to the Parliament by 25 Edw. 3. The conservancy of the Government being not safely to be lodg'd any where but with the Government it self Offences of this kind not pardonable by the King because it is not in his power to change it This is our Government and thus it is established and for Ages and immemorial time hath thus continued a long Succession of Kings have recognized it to be such And just now when we are under the dread of a Popish Successor some of our Clergy are illuminated into a mystery that hath been concealed from the beginning of Governments to this day from the wisdom of all Princes and Ministers of State That any authority in the Government not derived from the King and that is not to yeild to his absolute Will was rebellious and against the Divine Right and Authority of Kings in the Establishment against which no usuage or prescription to the contrary or in abatement of it is to be allowed That all Rights are ambulatory and depend for their continuance upon his pleasure So that though the Reformation was made here by the Government established by Law and hath acquired civil Rights not to be altered but by the King and the three Estates These men yet speak say you as if they envied the Rights of their own Religion and had a mind to reduce the Church back again into a state and condition of being persecuted and designed she should be stripped of her Legal Immunities and Defensatives and brought back to the deplorable helpless condition of Prayers and Tears do utterly abandon and neglect all the Provisions that God's providence hath made for her protection Nay by this their new Hypothesis they put it by Divine Right into the power of a Popish Successor when he pleaseth at once by a single indisputable and irresistable Edict to destroy our Religion and Government And these opinions you say they are the more inclined to entertain for that they believe no Plot but a Presbyterian Plot for of them they believe all ill and call whom they please by that hated name and boldly avow that Popery is more eligible than Presbytery for by that they shall have greater Revenues and more Authority and Rule over the Lay-men This is a heavy Charge if true but it is imputable I am sure but to a few and not so generally as some malevolent men of the Popish Faction are industriously busie to have it For if it were I confess it might choque the constancy Resolution and Zeal of the most addicted to the service of the Church-men and make them at least very indifferent in their Concerns For these mistakes are so gross and inexcusable that they ought if they could perish by themselves to be permitted to suffer the smart of their own follies and to be corrected by the evils they are drawing down upon themselves with their own hands They deserve to suffer as betrayers of their own Country To be prosecuted with greater shame and ignominy by all of the Reformed Religion than the Traditores were by the Antient Christians These their deserting of the true Christian Faith being much less excusable than their fault that deserved that name and of greater mischief as of deeper malignity How many of the Clergy-men are thus misled we know not but they seem many more than they are because they are most in view and come often under observation frequent publick houses and talk loud because they want the Complement of their Preferments But certainly Sir what you say to be the declared Opinions of some Clergy-men is the business now of the Papists to propagate Hoc Ithacus velit magno mercantur Atridae These are agreeable to and indeed make up the most modern Project and Scheme of the Popish Plot. Since the discovery of their first Design of killing the King and massacring of the Protestants they have taken such courage by observing how little power we have to prevent their Design that they have us in scorn and in the vilest contempt They now think that we are not worth destroying but by our own hands that we are not worthy of their trouble or the charge of Executioners of their providing How entertaining is it to his Holiness to find the Church of England the impregnable Bulwark of the Reformed Religion easily fall into his hands by the unpresidented folly of some of her Sons without the trouble of attacking her either by Force or Argument which have hitherto wanted success and such attempts always attended with dishonour and mischief to his See How pleasant will it be to him to see us perish and our destruction to be from our selves With this he will answer all the irrefragable Apologies of the Church of England for her departure from the Communion of the Romish Church Then he will say with triumph our Church destroyed her self and perished by a Divine Fate for her unwarrantable and Sacrilegious Schism for so he will call our Follies and impute them to Divine infatuations The manner of our destruction will be a better Argument and of more force against the Doctrine of the Reformation than all the Arguments of all the Doctors of that Church to this day For this purpose since the Discovery of the Popish Plot it is that Sir Robert Filmers Books were Re-printed together and recommended by the Title-page and the Publick Gazet to our reading Since the Discovery of the Plot we have had variety of Books Printed to the same purpose viz To prove that all Kings as Kings are absolute by Divine Right Since the Discovery of the Popish Plot we have had men imployed to search all our antient Records and Histories to find out something more antient than our Parliaments as now constituted that it may serve as a pretence to take them away Since the Discovery of the Popish Plot we have the memory of our late calamitous War revived to raise a Panick fear of another and to make the King believe that the genius of the Nation is Rebellious and that the Protestant Religion it self is to be apprehended by Kings It is difficult to tell how that late unhappy War began or how it came to issue so Tragically in the Death of the late King though we know how it ended viz. The Nation recovered within twelve years after the most deplorable Death of that excellent King into a renowned Loyalty and in spight of a great Armed Power never before foil'd ever victorious then kept on foot for the Interest of a very few men restored our present King may his Reign be long and happy to the Government of his Kingdoms without the least assistance of any of the Cavalier-party and oblig'd a wary General in the head of a factious and republican Army to Loyalty Nay within that time also
in Concubinate and after to the Children of Eufame Ross his Legitimate Children who are to this day in their Issue by this limitation by authority of an Act of Parliament in Scotland barr'd from the Crown and we hope ever will be by the continuance of the Line of our most Gracious King Note that though a subsequent Marriage by the Civil Law which is the Law of Scotland in such cases doth Legitimate the Children born before Marriage of a Concubine yet it is with this exception that they shall not be Legitimated to the prejudice of Children born afterwards in Marriage and before the Marriage of the Concubine Besides the reason of the Civil Law in Legitimating the Children upon a subsequent Marriage is this viz. a presumption that they were begotten affectu maritali which presumption fails where the man proceeds to Marry another woman and abandons or neglects his Concubine But I desire these Gentlemen that are so unwilling to be safe in their Religion which I believe is most dear unto them That if any Law should exceed the declared measures of the Legislative Authority though in such case they may have leave to doubt of the lawfulness of such a Law yet if it be not against any express Law of God they will upon a little consideration determine it lawful if it be necessary to the Commonweal for that nothing can be the concerns of men united in any Polity but may be governed and ordered by the Laws of their Legislature for publick good for by the reason of all Political societies there is a submission made of all Rights especially of the common rights of that Community to the government of its own Laws But all this and a hundred times as much will not satisfie some Gentlemen of the lawfulness of our Government and the extent of the Legislative power of Parliaments since they have entertained a Notion that Monarchy is jure divino unalterable in its descent by any Law of man for that it is subject to none That all Kings are alike absolute That their Will is a Law to all their Subjects That Parliaments and the States of the Realm in their Conventions can be no more than the Monarchs Ministers acting under and by his appointment which he may exauctorate and turn out of office when he pleaseth For there can be say they under the Sun no obliging Authority but that of Kings to whom God hath given a plenitude of power and what is derived from them That this divine absoluteness may govern and exercise Royal Power immensely and that it is not subject to nor to be abated or restrained by any humane inventions or contrivances of men however necessary and convenient Kings have thought them in former Ages by such methods and such Offices and Officers of which number the States of the Realm may be or not be as Kings shall please as they shall by their absolute Will order or appoint Our Parliaments say they are Rebellious and an Vsurpation upon the unbounded power of Kings which belongs to every King as such Jure ordinario and by Divine institution That a mixt Monarchy as ours is is an Anarchy and that we are at present without a Government at least such as we ought to have and which God hath appointed and ordained for us That we by adhering to the present Government are Rebels to God Almighty and the Kings unlimited Power and Authority under him which no humane Constitution no not the Will and Pleasure of Kings themselves can limit or restrain for that jura ordinaria divina non recipiunt modum That the Legislative Power is solely in the King and that the business of a Parliament if they would think of being onely what they ought to be is onely to declare on the behalf of themselves and the People that send them for that purpose certainly the obedience that is due from them to such Laws as the King shall make and that they may be laid aside wholly when he pleaseth And after all this what matter 's it with them what we say our Government is hath been or where the Legislative Authority of the Nation is placed or how used But I desire these Gentlemen to consider how they come to these Notions upon what reason they are grounded How a Government established by God and Nature for all Mankind should remain a secret to all the wise good just and peaceable men of all Ages That Kings should not before this have understood their Authority when no pretences are omitted for increase of Power and enlargement of Empire I desire them to consider that this secret was not discovered to the World before the last Age and was a forerunner of our late unnatural War and is now again revived by the republishing of Sir Robert Filmer's Books since the Discovery of the Popish Plot. I wish they would consider that the reasons ought to be as clear and evident as Demonstration that will warrant them to discost from the sense of all Mankind in a matter of such weight and moment That to mistake with confidence and overweening in this matter will be an unpardonable affront to the common sence of Mankind and the greatest Violation of the Laws of modesty I desire that they would consider and rate the mischiefs that will certainly ensue upon this opinion and whether a probable reason can therefore support it That they would throughly weigh ponder and examine the reasons of these bold and new Dogmata For their enquiries ought to be in proportion diligent and strict as the matter is of moment and if they are not their errour and mistake will be very culpable and the sin of the errour aggravated to the measure of the mischief which it produceth and occasioneth Where is the Charter of Kings from God Almighty to be read or found For nothing but the declared Will of God can warrant us to destroy our Government or to give up the Rights and Liberties of our people If they are lawful I am sure it is villany to betray them since all Political Societies are framed that all may assist the common Rights of all I cannot imagine they can pretend an umbrage from the holy Scriptures for such unheard-of Opinions The Jews indeed had a Government and Laws of Gods framing and appointment and a King of their own chusing and such a King as they desired by Gods permission they had But their form of Government ought with less reason to be the rule of all kingly Governours because it was a Government chosen by themselves then the Laws of the Jews ought to be the Laws of all Nations which they are not though made and enacted by God himself Christ would not make himself a Judge in a private Right submitted to him He determined the right of the Roman Empire by the possession of Soveraign Authority and such as the whole world had made it his Disciples were obliged to acknowledge it by their obedience and
that may happen in humane affairs and so they must be intended and so interpreted The several limitations of the descent of the Crown must be made by the people in conferring the Royal Dignity and Power which is more or less in several Kingdoms And the descent of the Crown in particular cases is governed according to the presumed will of the People and the presumption of the Peoples will is made by measuring and considering what is most expedient to the publick good whereas private Estates are directed in their descent according to the presumed will of the Decedents And this is the reason tha◠the descent of the Crown is governed by other rules than private Estates Onely one Daughter and not all as in private Estates shall succeed to the Crown because the strength of the Kingdom is preserved when continued united and the peace and concord of the people better established A son of the second venter shall inherit which is not allowed in private Estates because a son of the second venter is equally of the bloud of the great Ancestor upon whom the Crown was first conferred by the people or after he had got into the Throne obtain'd their Submissions and may equally participate of his virtues If the Royal Family be extinct it belongs to the people to make a new King under what limitations they please or to make none for the Polity is not destroyed if there be no King created and consequently in case of this cesser or discontinuance of the Regnum there may be Treason committed against the people By all which it is evident that the Succession to the Crown is the peoples right And though the Succession to the Crown is Hereditary because the people so appointed it would have it so or consented to have it so yet in a particular case for the saving the Nation the whole Line and Monarchy it self it may be altered by the unlimited power of the Legislative Authority We have been more just to the Royal Succession than the wonderful Sir Robert Filmer for his Hypotheses will not allow at all of Hereditary rightful Succession For he establishing the right of the universal Empire of the World in Adams right Heir since this Illuminato hath enlightned the world in this secret no Successor can according to his Doctrine derive any hereditary right from his Predecessor His title can be only his own possession for no man can claim by descent the Usurpation of his Father but he that is not conscious to the wrong and is bonae fidei possessor under the presumed right and title of his Father I would be understood to speak as the matter can be considered in a free reason not under the prejudice of any positive municipal Law for to such Laws the right of Crowns as the renowned Knight will have it are not submitted So that here in this matter their Knight fails them and can give them no help Their other friend the great Leviathan-maker is so far from establishing an Hereditary Succession that he leaves Kings to be rightfully assaulted deposed and destroyed by any person that can who stands in danger of being destroyed by the King though justly condemned to death Leviathan Part 2. cap. 21. Those saith he that have committed a capital Crime for which they expect death have the liberty to defend themselves by Arms as well as the Innocent But I mention him onely to render him detestable for I take his Books to be the dehonestamenta humani generis But I desire them to regard the sence of all Mankinde in the words of Isiodorus Pelusiota 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This governed the Judicious and Learned Dr. Falkner for when he had carried Christian Loyalty as high as he could to the honour of our Religion and the benefit of the world for which we are all extreamly beholden to him he concludes thus in his excellent Book called Christian Loyalty viz That if any Prince undertakes to alienate his Kingdom or to give it up into the hands of another Soveraign Power or that really acts the Destruction or the Vniversal Calamity of his people Grotius thinks that in his utmost extremity the use of a Defence as a last refuge ultimo necessitatis presidio is not to be condemned provided the care of the Common Good be preserved And if this be true saith he it must be upon this ground that such attempts of ruining do ipso facto include a disclaiming the governing of these persons as Subjects and consequently of being their Prince or King What unreasonableness is there then in shutting the Door upon him and making it fast against him by an Act of State who hath excluded himself by his principles and designs For the truth of the fact I shall onely refer you to his Secretary Coleman his Letters wherein he saith That his Masters interest and the King of France his interest is one and the same and their design their glorious design the same viz the extirpating the Northern Heresie How far the King of France hath complied with the design the cruel Persecution and Exiles of his Protestant Subjects who at the time of that Letter were under the security and protection of the Laws of that Kingdom and the Faith of that Crown do declare to the world And by what secret influences I know not he is made so great his Conquests so easie and expedite that he is like to do the work himself here in England too and go away with all the Glory But if the work must lie upon our hands let no man think with himself that Popery is not to be introduced here because the numbers of Papists are few for that will not render the design impracticable but the execution of it more cruel and barbarous a whole Nation upon the matter must be corrupted from the Faith of the true Religion or destroy'd One single arm of an ordinary strength not resisted may assassinate a whole Nation Let no man betray his Country and Religion by pretending the example of the patience and sufferance of the Primitive Christians for our rule The Reformed Religion hath acquired a civil right and the protection of Laws if we ought not to lose our Lives Liberties and Estates but where forfeited by Law we ought much rather not to lose them for the profession of the best Religion which by Law is made the publick National Religion And it is strange that some men of the same Religion in profession can think that notwithstanding it makes no matter what is done to men if they be Religious but if they be not so the least publick injuries and injustice threatned or done them may be resisted vindicated remedied and by right defended by old Laws or new ones to be made for that purpose The Christian Religion was publish'd when the whole world was Pagan and therefore it was submitted to such usage as the Governments would give it But when the Christian Faith had by miracles of
patience declared it self to be of Heaven and of a divine Original according to the Prophesies on that behalf it took possession of the Empire Crowns and Scepters became submitted to the Cross The Christians acquired a civil right of Protection and Immunity which they ought not they cannot relinquish and abandon no more than they can destroy themselves or suffer Violence and Cruelty to destroy the Innocent Such as thus perish shall never wear a Martyrs Crown but perish in the next world for perishing in this This will be interpretatively Crucifying Christ afresh after he is received up into Glory i. e. after his Religion is exalted into Dignity and Honour and civil Authority If the Senate of Rome had been Christians they would never have given up the Government to a Pagan Augustus with a power to him and his Successors to make Laws for extirpating the Christian Faith What is said of the Christian Religion and Paganism holds between the Reformed Religion and Popery If any man is so vain as to say that an unalterable course of Succession to the Crown is established amongst us by Divine Right I say he is a man fitted to believe Transubstantiation and the infallibility of the Pope he is deeply lapsed into Fanaticism he dreams when he is awake and his Dreams are Dreams of phrensie There are some things so false that they cannot be disproved as some things are so evidently true that they cannot be proved This Proposition hath no colour to ground it self upon no medium to prove it no argument for it which is to be answered nor is there any thing more absurd than it self to reduce it to But if any shall adde that this Doctrine is the Doctrine of the Reformation and adventure to tell the people so they are the most impudent falsaries that ever any Age produced when there is scarce a Child but hath heard what was done said and maintained by the Clergie of England in the Case of Mary Queen of Scots a Popish Successor in the earliest time of our Reformation here in England Our Age is blessed with a Clergie renownedly Learned and Prudent By the Providence of God and the Piety of our Ancestors they possess good though not to be envyed Revenues and Honours It is scarce possible they should have many among them that can countenance a proposition so wickedly impious and sacrilegious That we cannot have new Laws for the preservation of our Religion but must lose the old at the pleasure of a Popish Successor against not their own interest and the Rights of the Church but against the Rights and Liberty of Religion it self For she is capable of Franchises and Immunities which ought above all things to be most zealously asserted and defended by her Ministers Can they themselves with their own hands ever pull down her Hedg and destroy her Defensatives and expose her helpless to the rage of her implacable Enemies and suspend all the Legal security she hath for her preservation upon the Life of our present King whom God long preserve If Kings be admitted to have a power to make Laws one Proclamation may establish the Popish Religion amongst us which the Papal Bulls so long as that See continues will never be able to effect Next to Religion her self the Revenues of the Church challenge their faithful care for they are at best but Usu-fructuary Trustees of her Endowments for the Succession which they will wretchedly betray to an Arbitrary Successor if they do not repress such Opinions that pretend to change the Government into an absolute jure Divinity Monarchy which will leave nothing jure divino but it self and the Popedom Kings for their so doing have the authority of Sir Robert Filmer who affirms in his Treatise called the Power of Kings Fol. 1. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their Life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had a knowledge thereof This is but the necessary consequence and result from the Doctrine of the absolute power of a Prince for in such Government the Concessions of a Predecessor can no more oblige the Successor than he can Govern when he is dead and the Successor must be absolute in his time as the Predecessors were in theirs But in vain is the Net spread in the sight of any Bird this deceit is of so gross a thread that it cannot pass with the common people much less upon our Clergy But I will not dissemble what may be the true reason of the seduction of some young good-natured Gentlemen of the Clergy It is thus they perswade themselves that if these principles and opinions of the Vnlimited Power of Kings had been received the late Wars had been prevented Not rightly considering that if such opinions had never been broached or Universally rejected that War could never have ensued and we should together with peace have enjoyed our ancient Government which our Ancestors transmitted to us without that miserable inter-regnum I would not be perversely understood by any man as if I went about to justify our late War This is all I say that every Government once established will continue for ever if all the parts of it would unalterably consent to preserve it to which their natural Allegiance doth oblige them And never any Prince endeavored to change the Government but where part of the people were first willing or content to have it so Those false flatterers that go about to remove the boundaries of power and change the Government are the greatest enemies to the quiet and happy Reigns of Kings and the peace and prosperity of Kingdoms And if they do adventure to call their fellow-Subjects by any opprobrious names of disloyalty because they will not joyn with them in such change they are as absurdly impious and insolent as any Prince or State would be who should challenge another as free and absolute as himself for his Tributary and Vassal and traduce him for a troubler of the World because he would not Compose the Quarrel thus injuriously sought with the surrender of his Crown and Dignity I desire these Gentlemen to consider that the happiness of a Nation is best supported with Truth and Justice This new Doctrine is not true and whosoever entertains a belief of it is not onely barely mistaken but will be led by the mistake into the most mischievous impious and sacrilegious injustice and treachery It is very agreeable to a good man to embrace a proposition with an easie belief that offers the least seeming probability of a security against the miseries of War by all means to be avoided But this Doctrine of the Divinity of Kings is most dangerous to the Peace of Kingdoms for it is pregnant with Wars Besides that it will give bad Princes which sometime hereafter may be Born into the World for such there have been now and then power to
Hypothesis especially for that it was Re-printed and is magnified by the Factors for the Popish Plot. And first I will draw it out shortly in all its strength and make it more argumentative than he hath left it for he hath left his willing Readers to find out the Argument and to make the Conclusion Adam saith he was the Father of Mankind that to him as Father belonged an Absolute dominion over all his descendents that all Men being so born are born under subjection to such an Authority This Authority so reserved upon us by God and the condition of our birth and the manner of coming into the World is to be submitted to in the person of the present King who by becoming King is for that reason vested with this Absolute Authority This power and the duty of our subjection to it results from our being Born and coming into the World after the manner of men This power of Kings is grounded by him meerly upon this natural resultance and not from any positive and express Revelation from God for such neither we nor he yet ever heard of We will now then consider what there is of weight in this fictitious Reason of Government in which the World is so lately illuminated by this Speculator what force there is in it to unravel all Models of Government that are framed in the World to confound Kingdoms and Nations and to give Warranty to the bringing upon us all the miseries that are designed by the Papists for us which we are to be prepared to suffer with most conscientiuos patience from the comforts and supports of this insolent and vain pretence I appeal to the Reader of him whether in thus stating his Doctrine I have not made it more Argumentative and concluding to his purpose than he left it I will take this method of remonstrating the futility of his Hypothesis By considering what a Father is and what his Duty towards and Power over his Children in which it will be found that nothing of Empire belongs to him as Father that no more belonged to Adam over his Children than did to any of his Children over their own That the Authority of Parents over their Children continues together with Soveraign power and is not at all abated by it and that it cannot be the same because it continues entire with it That there is no footsteps in the Records of the Old Testament to verifie his Hypothesis that we could not have wanted some Declarations about it from God if true it being a matter so necessary for us to know That no claims were made that we know of to any such authority in the earliest times when the Right was unprejudiced and must have been best understood and could not have been forgotten as now it is utterly Besides that it was never used The first Histories Recorded in the Bible make every Child of the common Ancestor alike independent and absolute and so it would for ever have continued And to this day we should have been in the state of Nature and not United in any Government and so no King yet in the world notwithstanding the Paternal Authority That his Instances of exercising Soveraign power by the Fathers of Families are not concluding and to his purpose That admitting Adam had while he lived been Universal Monarch yet if there be no other reason and Foundation of Monarchy in the World but this of Sir Robert Filmer Adams right Heir not being known and if he were might perhaps be an Ideot or Lunatick some Cobler or Botcher under a Stall or mean Person unfit to govern we can have no rightful King in the World for certain it is that there is nothing in the World so personal as Relations and the duties and Rights that do result from them For they are neither assignable to nor can be exercised or exacted by and between any persons but the Relatives themselves So that this power of Sir R. F. hath no foundation of reason in the nature of things was in Fact never exercised and is now utterly fallen to the ground and all Government with it A more puzled vain sensless and unlearned Paradox was never yet offer'd to the world nor a thing more mischievous ever received For first the absolute Power of a Prince over his Subjects is not at all connatural to the dutiful Care of a Father over his Children It was the good pleasure of God that this part of the immense world should be planted with men endowed with a Capacity to admire his Power Wisdom and Goodness and therefore to render him praise and worship He design'd that we should be happy in our own enjoyments and promote the happiness of each other which is not to be performed but by a mind serene beneficent and loving He provided that the disseminations of Love should run parallel and be under alike necessity with the propagation of our kind For the planting Love in our Nature he instituted Marriage for Procreation that we might owe our Being to the state of the greatest and most agreeable friendship and tenderest affection That for many years we should be educated by a pure single and undesigning love of our Parents and the friendship of that conjugal State should be maintained by and principally exercised in their common care of their Issue Every Act of Love of either of the Parents to the Child being the best instance of love to the other of them an endearment of a reciprocal love and a provocation to the like love and care of the Child And for this love the Children naturally pay a return of an affectionate honour to their Parents and by that honour which we so naturally render our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our Earthly gods we are initiated trained up and instructed devoutly to worship our heavenly Father God did likewise ordain and so it was that all Mankind should derive from one stock be made of one blood and every Man every Mans Brother of the same Family and cognation By this it was provided by the Father of us all that we should be born into the World under the tenderest care for our preservation and improvement of our Nature be powerfully enclined to love and beneficence whereby we may be pleased with our selves and at Peace and Amity with our whole kind and disposed to celebrate the infinite Wisdom and Goodness of our almighty Creator with most affectionate Praises That the Generations of Mankind might certainly proceed God planted in our Natures powerful and irresistible instincts to procreation which the Jews call a Precept tho after this no Precept seem'd necessary for encrease and multiply they make a Command But we follow our own propensions and have no conscience of obedience to a Law when we observe and follow them which are so strong pleasurable and entertaining that if God had not planted a restraint of Modesty in our Natures and a sense of decency we should over-do the business and degrade our selves
greater sin than that of killing a Master But further to clear the true notion of a Fathers Authority that it is duty and care not Empire and absolute will Let it be considered that God by his right of Creation hath an absolute plenary and direct dominion over us we are more his than we are our own or than any thing can be ours Yet when he was pleased of his gracious condescention to our capacity to quiet our fears of his power and to invite our love and assure our hope he did declare himself our Father thereby to assure us that he would not rule us pro imperio and according to his absolute right he had over us That stile he himself delights to use and gives us leave to call him our Father by which we all understand that he will not proceed with us according to his Right of absolute domination no not in the terms of strict Right and Political Justice But that he will consider our frame pity our infirmity correct us as his Children but not punish us with an exterminating Justice Amongst the Romans antiently no man was admitted a Judge in Criminal Causes but he that was a Father of Children that the severities of a Judge might be abated by the tenderness of a Father that he who had Children of his own might have the more pity to those of others so different is the Office of a Judge from the natural duty and tenderness of a Father It is the greatest violence that can be done to Nature to compel a Father to sit in Judgment upon his Son Next to that of obliging and compelling a man to execute himself to make it the Fathers duty to pronounce a capital Sentence upon the Son is the most unnatural thing in the World The Father and the Son in this consideration are conjunctae personae and when the Sin of the Father is visited upon the Son the Son is afflicted but the Father is punished and when the Son hath the Question the Father is taken to be confessed in tormentis silii But for a further instance to make it appear how incompetent the duty of a Magistrate is with the Nature of a Father I will observe that notwithstanding a Law was given to Adam and all his Sons to establish Judicatures according to the Tradition of the Jews as may be seen in Mr. Selden his Book de jure Gentium secundum Hebraeos which Law by the way had been supervacaneous if the Power of a Prince did belong to Adam in the right of his Paternity and a Government had been provided for them by their Birth Yet I say notwithstanding that there was such a Relaxation of Justice in the World before the Flood because it could be only administred by a Father or such who participated of the stock of love lodg'd in the common Father from whom his Children did derive their tenderness one to another as they themselves sprang from him That the World was grown so wicked within two ages as men then liv'd from the Creation that a Universal deluge was brought upon the World by the just Judgment of God for the outragious and insufferable Wickedness that had spread it self universally over mankind 8 persons only excepted The overflowing deluge of Wickedness that caus'd the deluge of waters can't be imputed to a more probable cause than to the indulgence and impunity that the observed and understood nearness of Kindred that all men stood then in to one another must naturally occasion This is a sad consequence of that natural Love in Parents towards their Children which was intended for the propagation and advancement of Mankind But since that now we are estranged one from another in remote and unknown degrees and that prejudice is over here is a Gentleman to destroy the World another wâ—… and to undo us by unreasonable and unâ—…d power which is alike apt to make 〈…〉 fit for another Universal destruction if it be not without more destroyed by it doth endeavour to turn the exercise of such power into a Right and to give it warranty from the Reason and way of our propagation and by this means to destroy us faster than we can be born and bred and impair the Generations of Mankind to render them extreamly miserable or wicked which is much worse extinguish the light of the World which is Love and Amity and destroy the encouragement and reason of almost all relative Morality What a Saturnine Father have we got to make a golden Age who ever would have thought that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the most moving kindest most tender pleasing and beneficent instinct in Nature planted by God the Father of us all for the propagating educating and improving humane Nature should ever be made use of to found a right of Tyranny and Arbitrary domination the greatest destroyer and depraver of Mankind What Monster hath this last Age produced a Christian a Father seriously endeavouring to perswade all Mankind to offer up their Children to Moloch the Saturn of the Easterlings who was but the Devil of Tyranny as the name imports This 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the true Origine and Fountain of Love and Amity and the social Virtues which render men humane from whence flows all the happiness of Mankind will by this Doctrine be corrupted and rendred unsincere and self-designing For when a Father performs an Act of Generation it seems now he designs to add a slave to his Retinue and when a Child is born there is another Item added to the Inventory of his Estate If this Fountain be corrupted there can be nothing sincerely kind after it in Humane Nature The Leviathan is out-done by this Gentleman and hath not performed half so renownedly in the great Work of depraving Humane Nature as our Patriarchal Knight will do if his Admirers can bring him into vogue and esteem For the Author of the Leviathan allowed something good in Humane Nature several equal propensions which he terms her Counsels and sometimes adventures to call the Laws of Nature But he concludes they are not practicable and they are only fools who govern themselves by them But this Gentlemen will not allow Nature to be good in her first institution and designment though in this I think they are near agreeable that Mr. Hobbs made the Pourtraicture of Humane Nature in an agreeableness to his own evil Ingeny and this Knight did set himself when he made this his draught of a Father he could have no other Original but himself or the Idea of the morose and sowr Dr. P. H. his admired friend but by his Character he had at least misfigured his understanding and made it his own Nature by liking it 2ly No more of authority belong'd to Adam over his Children than does to any of his Children over his for that this Authority proceeds from Nature and Nature is alike in all men The duty of their education and the Authority over them that is competent to
from Melchizedech the King of Salem who as the Learned men conjecture was Shem his Patriarch and Chief and known by him for such But because Abraham the best man perhaps in any Age did not take a Commission from Melchizedech his Patrialchal chief and yet he was blessed by Melchizedech when here turned from the War We may conclude that neither Melchizedech nor Abraham knew of any such Patriarchal Soveraignty And also from this great Example it appears that it is lawful for him that is not a Soveraign if he be not under any to make War I will not enter into a discourse whence and how is derived the Authority of making War and capital Sentences for the same reason must warrant both which hath puzled some great Divines Dr. Hammond that great man was at a loss in this enquiry and thinks that nothing but a Divine Authority can warrant them which hath put them upon strange extravagant Hypotheses of Government and sent this Knights brains a Wool-gathering But this may satisfie any man of sence That whatever is necessary for the general happiness of Mankind and for preserving peace in the World and protecting the innocent and dis-inabling the mighty oppressors is more commendable to be done than the killing a man in his own defence is simply lawful As to his second instance of Judah his Sentence pronounced upon his Daughter-in-Law Thamar which the Knight would have an exercise of Patriarchal Soveraign Authority we say how could Judah do this by a Patriarchal Power when Jacob his Father was then alive and for all that appears Judah his Son was not extrafamiliated Besides which is very unlucky Thamar was then none of his Family or of the Subjects of his Domestick Empire for his Son her Husband being dead she was free from the Law of her Husband and ceased to be a Subject of his Paternal Kingdom But Mr. Selden under the Authority of some Rabbins which he cites in his excellent Book before mentioned fol. 807. saith That Judah might have the Office of a Prince or Magistrate in a district in that Country and by that Authority might judg her according to the Laws of that Country But what the Law was and the Nature and Reason of her Offence by which it became Capital is not understood as he tells us in the place before-cited I shall not trouble the Reader with unfolding the matter But why doth he trouble himself to make Kings Fathers of their Countries Some cannot be so and some have no mind to be so and yet they ought to be Kings And some that have not been Kings have been so and so styled as the great M. Tully for defeating the Catiline-Conspiracy was by decree of the Senate called Pater Patriae Those are with reason truly called Patres Patriae which either relieve their Country from miserable pressures which is the civil death of a Nation and for this reason our King hath the honour of being called Pater Patriae and we hope that he will wear that honourable Title upon a second deliverance of us from a most deplorable condition Or else such are called Patres Patriae who bring the Nation to an exalted state of happiness so much beyond their old state of things that they seem to give the Nation a new civil Life Being and Birth For his etymological argument from the notation of the Word it is too putid to be insisted upon though not more ridiculous than his Hypothesis But for that the reduction of our duty to our King to the fifth Commandment may seem to give some advantage to this Hypothesis with Fathers who know no bounds of their power over their Children It must be obsered that the Decalogue is not a compleat Rule of Morality The Decalogue comprised the Principal Laws of that Common-wealth which God their Law-giver by a most Solemn Act of his Legislation did more awfully oblige them to observe God that time was their King Rebellion was as Idolatry and the sin of Witchcraft and the Defection of one of their Cities to Idolatry was punished as a revolt and Rebellion Deut. 13. v. 15. He had provided for his Honour and Worship and their Allegiance in the first Table and did design by the fifth Commandment to lay the Foundation of all positive morality by providing for a Reciprocation of kindnesses by enjoyning the gratitude and fitting returns of Children to their Parents and by putting Children under obligations to be taught and instructed by their Parents But our duty to Governors is more duly referred to all the other Commandments because Government secures the observation of those Laws to us by which we enjoy our selves and ours freed from the Volations of Lust Appetite Fraud and Violence We do not honour our King by relief in his fortune which is commanded to be done by our Parents in the precept of honouring them our subsidies and Aids are not to that purpose but contributions to the charges of the Government they are the just price of our immunity and protection from fraud and violence for which cause pay we tribute But whatsoever he be that hath more respect for this Knights Works than I have may find him more gently treated by a very worthy Gentleman in a very candid and judicious Book called Patriarcha non Monarcha But what is the meaning of these flattering Books they cannot but be nauseous to His Majesty who is a very wise Prince and knows how sensless such Books are and besides they make the People afraid and the Nation unquiet from the apprehensions they give that the Government will be changed Notwithstanding the King hath given such solemn assurance to the Nation by his late Declaration That we shall have frequent Parliaments and that he will govern by Law They would have had a better market for the Divinity they bestow upon Princes with Alexander after he had lost his Vertue and with those vile Emperours whose Names are Regum opprobria for such the flatterers of ancient times Deifyed those who had ceas'd to be men they made Gods and when they had left nothing about them that was tolerable they magnified their power which was already most intolerable If the Kings hereafter would but read the History of Kings under that conclusion that a wise observer of Humane Events made after a long observation and experience and would make Experiments of the truth of it in their own reading Kings would be glorious and the Nations they govern happy and full of peace They would find therein so many effectual Documents to fear God and regard men and govern them righteously It is this Si Vitam spectes hominum si denique Mores Artem vim fraudem cunct a putes agere Si propius spectes fortuna est arbitra Rerùm Nescis quid dicis sed tamen esse putas At penit us si introspicias ultima primis Connectas solus rector in orbe Deus Alciat People can be no happier than Government
and Laws design to make them though they do not always answer the good designments of the Government To what purpose then are these new Hypotheses fram'd and published Kings are exempted by their Office and the sacredness of their persons from all fears but the fears of Nature and these can never be discharged Those who do ill will fear ill eternally though their power were made little less than omnipotent for the frame of Humane Nature hath made it necessary to be so Besides God hath made one thing against another There is a divine Nemesis interwoven in the nature of things And God will always govern the World Omne sub regno duriore regnum The great Mogol at his Inauguration swears That his People shall be at peace at home and victorious abroad afflicted neither with Plague nor Famine but enjoy Health and Plenty all his days This seems extraordinary Pompous and Arrogant but it means no more than this that he will govern them so vertuously that Gods Providence shall be always propitious to his People and is no more in plain English than what our Church offers up in her publick Prayers for the King viz. That he may govern us in Wealth Peace and Godliness that he may live long and so govern us ought to be every honest mans Prayers But after all these vain Hypotheses contrived for making Kings Absolute it will be more easie for Kings to make their Reigns unquiet and turn their Kingdoms into Fields of blood But lastly to revive the ancient Zeal of the true Members of the Church of England against Popery To rectify the mistakes of some Gentlemen of the Clergy about the Dissenters And of our late Parliaments and their proceedings in reference to them Let it be considered how unreasonable their apprehensions are of any danger to the Church of England from the desires of the House of Commons of some indulgence or toleration in favour of the Dissenters at this time especially when the Protestant Religion is so shrewdly beset she hath reason now sure to take all such for her Friends that are heartily Enemies to Popery though not so skilful as they should be to ward off its assaults Since the Papists presume to call them Fanaticks though exactly conformable to the Church of England that will not assist to bring on the Popish Plot by dis-believing it and put us in fear of the Fanaticks by taking all the courses imaginable to provoke and exasperate them and to increase their discontents which they maliciously heighten and by falshood and forgeries misrepresent To graft thereupon a Pretence of a Protestant Plot for a pretext to extirpate Protestantism and introduce Popery which they impudently pretend to be of a more firm Allegiance to the Government than the Reformed Religion I pray let it be considered that that which is tolerated is put under disgrace even for that it is tolerated and that which tolerates even for that it tolerates hath the governing Authority and in so much as it indulgeth it obligeth to modesty and reason and if that indulgence should be abused it may and will be retracted It was never intended by the House of Commons that the Church of England should be altered or modelled to an agreeableness to any form or sect of the Separation or prescrib'd to by any of the Dissenters or that she should be made subject to any of their rules or opinions or her Liturgy laid aside for Directories or which is worse undervalued to the prophane way of extemporizing For as generally used and exercised it deserves no milder a stile That the Church should always govern by her own Wisdom in her own Province and in those things that appertain to her can never be deny'd her No man hath reason to say though he hath great cause to dislike the Separation and to have a bad opinion of the Dissenters that he had rather submit to Popery than to any form of the Separation for he need do neither except he pleaseth No man that thus expresseth himself but will be suspected to seek an occasion and pretence to become a Papist and to make a defection from the Church of England But if these Gentlemen have such a displeasure against Schism and Separation which certainly is the worst disease any Church can labour under and at this time threatens the destruction as well of the Protestant Religion it self as it doth to the Professors of all denominations let this sharpen their Zeal against Popery which by its unhallowed arts hath occasioned and exasperated our Schism and put them upon the use of all means to reconcile if possible the Schism that the Papists have already made and by all means endeavour to continue and take away if possible the occasion of it for the time to come And thus defeat the Arts of the Priests and Jesuits for supplanting our Church It is a most deplorable thing that our Church should be kept rent and divided in danger of being lost between Rituality and Scrupulosity Though the Scruples of the Nonconformists which I always thought and do still think groundless and unreasonable have often moved me into some passion against them yet upon consideration I think this their Scrupulosity may be of God and that some men are by him framed to it That he hath provided it as a bar and obstacle in the Natures and Complexions of some devout men against any Innovations whatsoever that dangerous ones may not steal upon the Church for the better maintaining the simplicity and purity of the Christian Religion and Worship But in saying this I have said nothing that is apt to give them a conceit of themselves but rather to humble them For the best men are not govern'd by their Temper and Constitution but correct them by their Reason and determine themselves by a clear and him Judgement What affrightment all this while either to Church or State from this weak and pityable Scrupulosity Where lyes the Treason or Sacriledge nay or so much as contumacy against our Ecclesiastical Governours which is so much upbraided to them The Christian Religion may be prejudiced by addition to as well as substraction from her rule The Church of Rome by her additions hath almost evacuated the Christian Faith Besides there may be a fineness in the outward mode of Religious Worship in it self very justifiable which may be not congenial to men of a course make The Worship of God will always favour of the manners of the people men of dull capacity can scarce admit of any Ceremonies without danger of falling into superstition or hardly escape being vext with endless and incurable scruples about them until for ease of their minds they throw them off But the wisdom of the best Law-makers hath considered in giving Laws what the people would bear and not what is best to be enjoyned and many things have been tolerated by them which they did not approve Ne majoribus malis detur occasio aut etiam
understanding to appear and come forth for the undeceiving and rectifying the Judgments of the most deceivable part of Mankind and with just ignominy and scorn to beat down the assumings and presumptions of such Pretenders and Smatterers in Letters especially in such a Weighty Matter as this when the poor people if mistaken must be mistaken to their Ruine and perish by the Deceit if deceived which I hope is scarce possible for very many to be by this frivolous Pretender and Offerer of Considerations which none but he that deserves our pity could think of but for that he dares to offer them publickly to the World and under the stile of Great and Weighty Considerations he most justly deserves our Indignation a private Scorn a publick Censure For that purpose we will now produce him HE begins his Considerations with a Consideration and Recommendation of himself and would fain prove his Honestly for he was with reason conscious that this undertaking would render him more than probably suspected He proves as well as any thing he undertakes and as well as it can be proved That he is an honest man This he would have the World believe because there is such a thing as sincerity in the World and for that there have been some men that have owned an afflictive Righteous Cause against self-interest and the displeasure of a prevailing Faction but we know the Cause that he Patronizes is the most unrighteous Cause that ever any man of Front espoused but that should not trouble us But that which afflicts us and is the heart-aking of all good men is That this Scribler with too much reason we know presumes that the Brave men whom he reviles for adhering to the only means of the saving of three Kingdoms with the Gross of the Nation are designed to be subdued by a party of men whose strength the King in his profound Knowledg and Wisdom best knows how to Calculate but certainly this Addresser imagines very great whatever he pretends and that he is well backed by force Otherwise he could not adventure publickly to despise the Interest of a House of Commons If this Considerer and his Fellow-Conspirators had not some secret reserves of Strength he would not advise the King as he doth to Adhere to and Govern with the House of Lords and his Privy-Council and to lop off the House of Commons from the Government as an unprofitable Branch In the next Paragraph he tells us The Chiefest Principle and Maxim of the true reformed Religion in this Kingdom is fully Epitomized in this excellent Precept Give to every one his due If there can be more nonsense spoken in so many words It is this Patriot must do it and you shall find him often performing what I have undertaken for him And sure after such demonstrations of his Honesty and proof of his Understanding you must take him for a True Patriot and a fit Addresser of GREAT and WEIGHTY Considerations In the next Paragraph he undertakes to commend and allow chide and disapprove our leading Men I believe he means of the House of Commons but we want his Name it 's fit he should discover himself before we can admit him to sit Judge of the Actions of the most excellent Persons of the late House of Commons I perswade my self he would blush however immodest he appears in his Address if he were drawn out and exposed to publick view under such a Character we might spare him the Pillory rotten Eggs and Turnep-tops which is due to infamous Libellers against Governours for he is a man of such fashion I believe that he would suffer too much of Shame and Confusion of Face if he were but known well enough to be pointed at after we have done with him In the fourth Paragraph he allows it is a glorious thing to establish the True Protestant Religion but he would not have it established upon Quick-sands neither would we because it is impossible it should be so established we would not have it depend upon loose accidents expos'd to Chance and Contingencies and expect it should be supported by rare events and morally impossible nor to be left at Six and Sevens a chance that is not upon the Die and hope that things should out of their Course and Nature unite and combine together for its support That which is Glorious is so because it is Excellent in it self and difficult to be atchieved and whatever is difficult is to be obtained by unusual and extraordinary means to deny or condemn the use of them when lawful is to deny us the end and is so far in truth from allowing it to be Glorious that he doth not allow it at all That it is made difficult to support the Protestant Religion we owe to the Popish Conspiracy and the design of this man is to make it impossible to that purpose he requires you to lay aside Humane Policy which is the same as true Prudence which is the onely Guide God hath given us and the onely Oracle he hath left us to consult in our Affairs and is never repugnant as he would have it but always conformable to the Laws of God and Nature lest we should be furnished with a Remedy against the designed mischiefs to us and our Religion To this commendable sort of Policy the design of the Bill will be made agreeable in the following Discourse That we may admit the absurd Doctrins of the Church of Rome we are required to abandon our Reason and that we may more easily again fall unto her we must if we will be ruled by the Considerer renounce our Prudence and those that will not must endure his slanderous Reproaches with which he goes on to revile the Promoters of the Bill of Exclusion whom he calls Hypocrites Factious Spirits of the Fanatical Leven that they make a Cloak of Religion to palliate black Designs fierce Zealots acting like the Rump-Parliament Guilty of Antichristian attempts repugnant to the Ordinance of God and to the Fundamental Laws of the Kingdom a few turbulent Zealots assuming to themselves a Soveraign and despotical Power of Deposing the DVKE of YORK and says That they impudently affirm That this hath been the Ancient Custom of Parliaments to Depose Princes and dispose of Kingdoms whereas the Crown hath been always Haereditary and never depended upon the Suffrages of the Subject Since this bad man presumes to say so many bad words falsely of the Excellent Members of the late House of Commons reproches their Zeal for the publick Safety most Heroically exerted in the time of the greatest Need and most threatning Dangers calls their appearance for the support of the Protestant Religion established by Law Hypocrisie And the prosecuting the Discovery of the Hellish Plot and the best means of preventing the Plot from taking effect black Designs Since I say his Immodesty hath given him so much Licence I wonder he had no more Scurrilities especially since he is so impertinent as to call
the Bill of Exclusion an Antichristian Attempt Repugnant to the Ordinance of God though God never yet made any Law or Ordinance in that Case and the Fundamental Laws of the Kingdom though no Laws of Men are so Fundamental but they are alterable The Constitution of Government is indeed unalterable by Law but no Laws but are alterable by the Government for the Government was before Laws and made and constituted most chiefly for the business of Legislation That the House of Commons assumes a Soveraign Power he knows to be false and knows too that all the world knows he is therein a Falsary What can be expected of Candour or Sincerity from a man of such Effrontery and to the making the Slander compleat he joyns Despotical to Soveraign power as if they were the same an instance of his egregious Ignorance except he flatters the King and would signifie to him that he hath despotical power because he hath a Soveraign Power and this commends him indeed for a true Patriot A Despotical Power is such as Masters use over their Servants that command what they will because they will Soveraign Power is exercised for the good of those that are governed and the Commands that come from the Soveraign Power are Laws that are deduc'd from publick Reason as they are the publick Measures and are always reasonable or pretend to be so No body ever affirmed before this Addresser to the King That it hath been the Ancient Custom of Parliaments to dispose of the Crown or that it depended upon the Suffrages of the Subjects which he falsly and maliciously adventures to say to misrepresent the most Venerable late House of Commons whose Proceedings will justifie themselves in true Story to all succeeding Generations and will we all hope be seconded and out-done by the next if the good People can keep themselves from being deceived by such Artificial men as this Addresser is But this is said and truly That a Parliament which is King Lords and Commons have declared and particularly a Parliament in the Reign of that most Excellent Princess Queen Elizabeth of Eternal Memory the wisest and greatest of the Princes that are Glorious for the Reforming the Christian Religion did declare a Power in themselves for Great and Weighty Reasons of State to alter the Succession otherwise than of course it is by Law appointed and most reasonable it is for no Government can want a Power to preserve it self and obtain its great end viz. the preservation of the Community and Polity it self and no less Reasons than these require and urge the Use and Exercise of this Power in an Act of Parliament for Excluding the D. from Succeeding to the Imperial Crown of England In order to these ends the Power of a Parliament is unrestrain'd and unlimited which this Consideration-Monger calls Scoffingly Impiously and Prophanely towards God and irreverently towards the Government Omnipotency In the next Paragraph he produceth his first Reason against the Excluding Bill And by an execrable Argument he adventures to prove That the descent of the Crown is Sacred viz. That an Attainder in Treason cannot debar the next Heir from succeeding in the Government But if the Heir had died of that Attainder the Argument had been spoiled For cannot that Power that can inflict Capital Sentences and that ought to do it against all in subjection that incur them Banish instead of Kill sure he is no true Friend to his Royal Highness whatever he pretends we will sooner admit him a true Patriot for that he makes the condition of his presumptive Heir so hard That he must either Die or Reign A very judicious Advocate and deserves very well of his Client who will remember him sure when he comes into his Kingdom for bringing him into such danger I believe this considering Patriot shifted himself in this Consideration into France where they have Princes of the Blood against whom no Criminal Process can be formed nor no Attainder of Blood is admitted to the purpose that the most enormous Crimes may not seem faults in those that participate of the blood of that haughty Tyranny But the better to disguise himself he criminates the Parliament calls the House of Commons in derision Cunning Politicians that would have a new Model of Government he chargeth them with assuming a power to depose the King and will conclude because he will and hopes the People will take his Word for it for no other reason in the world that we may as well Depose the King as foreclose a Presumptive Heir which he will call deposing him for this Ruffian-like man will not submit to the common use of Words and is at defiance with the common Sense of Mankind and will say it That it is as lawful to Depose the Possessor of the Crown as to make an Act of Parliament for preserving the Life of the present King by disabling the next Successor that brings it in danger And likens the late House of Commons upon the score of their Bill of Exclusion to the Rump Oh! for a Discoverer that would bring this man to Light and Shame and thereby to Reason and Sobriety Upon this weak and slight colour of a Reason see in the next Paragraph how he lays about him with what vehemency and expostulation and yet in his magisterial Rant the trifler could no sooner name an extravagant Bill but he thinks of a Box of Gilded Pills which if he had been lately under cure by Mr. Hobbs his Doctrine of the train of Thoughts they could not escape coming together And yet this Thinking Addresser is not altogether so happy in dividing and opposing as in compounding For he affirms that to go about to establish the Protestant Religion by a Bill to Exclude the Popish Successour is inconsistent with the Government and is to destroy the very Root and Life of Government But pray Sir for the sake of Reason tell us Doth the Government it self depend upon the person that Governs or is the Government it self changed by the alteration of the Succession may not Governments for kind the same have different modes of Succession and are not the kinds of Succession more than the kinds and forms of Government Can the Government be safe without a Power to exclude a Person inhabil in Nature to support it or of one Principled to destroy it Can we imagine a Government which is of Humane Contrivance to be without a Power to preserve it self and an Authority in Cases that threaten its Ruine to interpose with apt Remedies for its preservation That a Government made by men should be left meerly to chance and the contingency of Birth whatever happens of inability in the Persons that come under the general Rule and Limitation of Succession Doth the Exercise of this power turn the Kingdom from being Hereditary to Elective is there no difference between the inconvenience of Judging of the several Degrees of fitness in several persons competently qualified and the
Words which he useth but doth not understand of what Import and value they are in this place for the Rights of Property are of positive and civil Appointment and Institution No man can have or is entitled to any thing but what and as the Law allots it to him They design what is Right what Wrong and what is Injury and Theft and the Law of God both in the Reason and Nature of man as well as by express Revelation forbids it Nec natura potest justum secernere iniquo Men make Governments and God Commands us to obey them yea God Commands us in our Nature to form our selves into Governments For that Mankind cannot tolerably subsist without them What is greatly convenient and promotes the happiness of men therefore seems to be Commanded and thereby a positive and affirmative Law of God in Nature is declared What is or would be greatly mischievous to mankind if generally permitted is therefore understood by us prohibited The Mischief declares the thing forbidden and is the indication of a Negative Precept or prohibitory Law The pleasure and satisfaction of mind that men take in being beneficent and agreeable to and deserving well of their own kind The remorses shame fear and regret that men necessarily suffer from the sense of their own actions when they are offensive unequal and unreasonable are the Sanctions of the Laws of Nature and are truly the Rewards and Punishments of God in Nature So that Anarchy which is the most intolerable state of Mankind a state of War and Violence unreasonable Passion and unbounded Appetite seems to be the most forbidden thing by God in Nature But Government because it makes men equal and reasonable just and peaceable kind and beneficent or finds them so encourageth them to be so and protects them in being so seems to be the most principal Institution and Appointment of God in Nature for that it is recommended to us by all that which conduces to our happiness And thus and for this reason are Kings and Governours said to have their Authority from God and therefore Government is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13.2 Gods Ordinance But the forms of Governments the Persons of the Governours the Order of Succession their respective Powers and Ministries are of Mans appointment and agreeable hereunto Government is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a Humane Creature 1 Peter 2.13 24. to which the Apostle enjoyns us to be Obedient for the Lords sake and in Conscience of our Duty to God Agreeable hereto is that Noble Tradition amongst the Jews of the seven Precepts given by God to the Sons of Noah that is to all Mankind for from him we all secondarily derive in which the great Titles of the Law of Nature are declared and to which all the Nations of the World were obliged one of which is De Judiciis The words of the Precept which is the Seventh are no more signifying that the Law of Nature or the Will of God in Nature doth command us to live in Politys and under Governments This Law was given or declared to all Mankind when they were in a State of Nature before Governments were constituted and by that Law of Nature obliged to form themselves into Societies to enter into mutual Obligations to stand to and abide the common measures of Law and to assist and submit to the Sentences and Decrees of common Judicatures These were the first Oaths of Allegiance that were taken in the world but when a single person was entrusted with the executive power of Laws they swore this Allegiance to him For in all regular Governments as it is in this of ours the King commands nothing but according to the Prescript and Formula's of Law And the whole business of Government as between those that are to be Governed is making Laws and executing them in a due Administration of Justice As Corollaries to what is said I shall add first That Mercenary Guards are very unnatural to Governments as they seem upon the foregoing Reasons to be instituted and appointed by God in Nature which receive conformation from the Tradition and Doctrine of the Jews the best instructed Nation in the world in the Mind of God for that the whole body and power of the Government or Polity are bound to see the Law and Results of their common Judicatures obey'd and are amply sufficient for that purpose So that the head of the Polity by the posse populi being most powerfully instructed to execute the Laws Mercenary Guards seem intended and designed by those that imploy them to execute matters illegal and extrajudicial or at best they make a very hard case upon the people that they must support a great charge and pay a great price for jealousies and fears Secondly That by the natural obligation of the ancient Oath of Allegiance every Member of the Polity is bound to resist and subdue all extrajudicial Forces riotous and routous Assemblies But the nature of Government and its true original hath been prejudiced by an unhappy mistake that hath long since invaded the World men that understand nothing but Words and Grammar-Divines that without contemplating Gods Attributes or the nature of man or the reasonableness of moral Precepts have undertaken to declare the sense of Scriptures and infer that the Soveraign Power is not of Humane Institution but of Divine Appointment because they find it there written that by him Kings Reign imagining that when the Scripture saith God commands or doth this that God commanded it by express Words or doth it by an immediate position of the thing done Whereas in Nature his Commands are nothing but the natural Light God hath bestowed upon Mankind Likewise God's doing a thing is only the course of natural and second Causes to which because God gives the Direction or Motion he doth both and is said to do all that is done Besides all the Precepts that God gives us that are agreeable to the Law of Nature must be understood as Nature and Reason doth direct Videtur Lex Dei idem dictans quod natura ita accipi quomodo ipsa natura accipiendum monstrat nisi addatur aliquid Expressius Grotius Comment fol. 121. The Laws of God that confirm the Laws of men innovate nothing but a new obligation to observe them but only as commanded and intended by those that made them All humane Constitutions and Governments must be subservient and obsequious to their own intentions Omnes res conditoe famulantur vitoe humanoe Every Form of Government is of our creation and not Gods and must comply with the safety of the People in all that it can without its own dissolution and was never intended unalterable or at least inflexible but was intended and made under reservations reasonable exceptions of unforeseen accidents and rare contingencies in humane Affairs And the Law of God that comes in confirmation and establishment of humane Institutions and Laws binds only according to their natures and
will slander himself and belie the Devil For observe he saith they use Fanatical Logick and Antichristian Logick The true Fanaticks being impatient of the restraints of Reason and to be confined to sober sense call Logick and Reasoning by that which they would seem most to hate Antichristian The true Antichristians and Papists being impatient of the light reproof and discovery of Reason call sound Reason Fanaticism But our Writer is so vengeancely angry with reasoning that with the same breath he calls Logick for the sake of reason Antichristian and Fanatical too and renders himself suspected of being an Antichristian Fanatick And yet any one may see that it is not the thing it self that he is thus angry with but the name of Logick that he thus exposeth for what it is he knows not he seems to think it comes by Inspiration and that there are two sorts of Logick one good but he is not acquainted for all that appears to us with the Spirit from whence that is derived and another bad which he says is inspired by the Spirit of Belial whereas most certainly there is no such Devil amongst all the Orders of the Apostate Angels Sons of Belial I have heard of indeed that did evil without profit without design for evils sake but these are such men as need no Tempter for they will be wicked without a Tempter according to the fatal propensions of their vitious Natures and are not to be managed by the Devil himself And to this sort of men doth our Pamphleteer seem somewhat to approach for that he is an unaccountable Transgressor No reason can be given of him why he should with so much seeming earnestness concern himself to perswade the People to abandon to an utter neglect those things that of all others are of most value to them their Religion Government Lives Liberties and Estates To perswade a whole Nation to lay violent hands upon themselves to cut their own Throats to burn themselves alive and their Houses and to destroy themselves their Wives and Children Bodies and Souls too for Conscience-sake That there can be a Subject not subject to Laws and that offences that cannot be rated because their mischiefs are infinite for that very reason must not be punished and he would have us reckon it a sin of the most heinous nature to punish the Offender with a diminution only in his power to do those evils which are most notoriously by him designed and will be effected by means of his own making and causing if he himself should relent and refuse to execute them If in this Age of License immodesty could entitle any man to be a son of Belial our Writer of Considerations might fairly pretend to it who is immodest for impudence sake which spends it self in waste and cannot effect any thing but the exposing it self In saying this I should think my self very severe but that he hath published his own shame and if I would it is not in my power to cover it But he hath not shewed the worst of himself yet he attempts further upon the Understanding of the People he will have us believe that we owe Allegiance to the Presumptive Heir that we have as many Kings as Princes of the Bloud and that a Son hath a right to his Fathers Estate before he is dead For the probable Successor can have no more right to the effect of the Oath of Allegiance than the eldest Son to receive the Profits of his Fathers Estate without his leave in his Fathers Life-time If this Gentleman's Father had had any Land he would have understood the difference between his right to the Land after his Father's Death and his hopes and possibility onely to have it during his Father's Life The word Heir is joyned with Successor in the Oath of Allegiance to signifie that it means Heirs in the proper sence which is such that succeed to the Inheritance and not such as are in expectancy or possibility of having the Inheritance who are improperly and equivocally so called And tho' the thing is so plain that every man as well as the Lawyers agree what is said yet my Lord Cook for saying the same is called by this Gentleman Silly and Ridiculous Fallacious and Impertinent The Lawyers tell me that it is a Rule in the Law Non est hoeres viventis that is No man can have an Heir while he lives and they likeways say of all the Reguloe Juris There is not one of greater extent and rule than this that it hath governed Ten thousand Cases near upon in the Common Law and they withal assure me that notwithstanding this man amongst other civil terms calls the Lord Cook Fallacious they firmly believe if a Fee had been offered to him of the value of his Estate which is about 200000 l. he would not have signed an Opinion with a Videtur to the contrary but he is resolved that all Mankind shall be mistaken and he will call their reasonings in this matter what he pleaseth New Machiavillian Logick a word that dishonestly he took up on purpose to expose the Bill to the Vulgar imagining in his profound Consideration that some of the Multitude will upon the hearing of Machiavillian fall thereupon into an unwitting dislike of the Bill Nay he will conclude an Heir Apparent to be an Heir because he could not be Heir Apparent unless he were an Heir when the word Apparent and the word Presumptive more especially joyned to Heir is a term of Abatement or Negative and distinguisheth him from being a real Heir and speaks him no Heir but onely one in a near possibility of being so But says he it is a manifest contradiction for one to be Heir Apparent and not to be Heir as it is to be a Learned man and no man Prius est esse quam esse tale I wish we had his Name that we may mark the most absurd reasonings by it for the everlasting Honour of this Pretender to Reasoning and Discourse We all know that the word Heir is a Name to design a Person under such a relation and respect and imports nothing of entity and we may use our own abstract Terms properly or improperly and without any correspondent reality to an equivocal sense But he adds Profaneness to his Levity and as if the Holy Scriptures were writ to so trifling a design as to be an Oracular Dictionary and Infallible Nomenclature he tells us how the word Heir is used in Scripture when the holy Writers formed their Language by the vulgar Idiomes amongst the People of the Jews and never intended to write Law-Cases much less to declare the Common Law of England or imagined that their stile should be produced to expound our Oaths of Allegiance and Supremacy But now thou vain Considerer wilt thou hence conclude that the Duke of York is Heir and Successor That we now owe him Faith and Allegiance That he is already in the Throne and that this Bill though it
and doth virtually renounce the Government may not be left out of the Succession This is the true state of the Question and the Question thus stated gives its own solution And who except those of the Conspiracy do not so state it and allow it As to his Question Whence the Parliament derives their Power let him know that the Parliament derive their Power and Authority from the same Original the King derives His The King hath not His Power from them nor they theirs from the King They both derive their Authority from the Consent of the People in the first Constitution of the Government either tacit or express or by their express or tacit Consent in the insensible and little or great and more remarkable alterations that the Government hath suffered in the course of Time The King can make the Parliaments Power no greater than it is nor they His. Though true it is he may put an unlimited Trust reposed in Him into Stated Laws and Govern by Counsels established into Laws which is not to alter or lessen His Power but to make it more Safe and Wise and impeccable in the exercise of it He may ascertain the indefinitness of his Power that it may not be abus'd And that King doth best provide for a happy and wise Administration of his Government who leaves the fewest things to fortuitous resolves who reduceth his Prerogative to the measures of Common Right and makes the Kingdom secure and safe by leaving the Succession less Capacity and Scope to do mischief It is mostly incumbent upon his Sacred Majesty to secure the Government committed to his Care and keep it upright and steady upon its own Basis and to preserve all things in a due and Legal Course To watch to prevent all machinations against it and such as would destroy and subvert it and by his executive power of the Laws obtain to us the ends of Government that we may live quiet and peaceable Lives in all Godliness and Honesty For the sake of this High Trust and the Dignity of this Office his Person is most Sacred and Inviolable The King and his great Council providing for the establishment and security of the Government in their proceedings are not tyed up to forms of Judicial proceedings but are to act upon such inducements and in such methods whereby the Wisest men govern their affairs in which they are at perfect Liberty and not under the restraint of Laws They cannot do unjustly whatever methods or means they use that are prudentially and morally necessary to this End This power can be no more wanting in Governments than we can be without Government That which establisheth the one which is the Law of God declared in the Make and Frame of Humane Nature affirms and allows the other By the Authority of this Law of God so declared and promulgated as I have told you do Kings Reign and Senators or Princes Decree Justice By virtue of this Law and in Obedience to it is this Bill fram'd against which this Considerer declaims like a speaking Brute From this Law of God the said Bill when it passeth into a Law will have its Approbation Sanction and Establishment But against this Bill with his accustomed Truth Candor and Modesty he doth object That if such an Authority shall belong to the Parliament as to disable one successor upon such inducements as are sufficiently known a Parliament some time or other may be corrupted by a King and by mercenariness comply with him to sell the Succession of the Crown to a Foreigner We all well enough know that this Bill is designed to keep out the Tyranny of France or at least the French Tyranny But for this I leave the King to reckon with him and the Pensioners of the late long Parliament The Gentleman continues to add the story of Ahab contriving to possess himself of Naboth's Vineyard by causing him to be falsly accused of Blaspheming God and the King by which if true by the Jewish Laws Ahab had been Justly entitled to it as a Royal Escheat But if he had not been as stupid as a Block he had not mentioned this story which is a president and an adjudg'd case against himself who but a Line before had so vilely Blasphemed so great a King a far greater King than Ahab though the Parliament divide some Authority with the King in the Government But what were the Constitutions of the Jewish Monarchy this Writer of Considerations I am sure knows no more than his Foot-boy But let him know that the Romish Religion is a Blaspheming God and to bring the Kings Life in danger is worse than to Blaspheme him See what wise Work this Considerer makes when forsooth he would argue That the Duke of York cannot be shut out of the Succession no more than Ahab could take Naboth's Vineyard from him The man of Weighty Considerations tells us in the next Paragraph That God was Incensed against Esau for selling his Birth-right and therefore the Duke must not lose his contrary to his Will and all Justice by a prevailing Faction of his Inferiours Who ever told him That God was Incensed against Esau for selling his Birth-right Did not God purpose the Birth-right to Jacob before the Brothers were born and before they had done Good or Evil Could God be angry with him for agreeing and executing his own Purpose and Decree Did not Isaac and Rebekah both know and understand the Oracle and in Obedience to it Jacob was effectively Blessed by his Father Isaac's confirming the Blessing first gotten by surprize and by the Solemnity of that Blessing his Father Isaac transferred the right of the Promise made to Abraham to be fulfilled in the Line of Jacob Indeed the place he quotes in Heb. 12.17 is this Let no Whoremonger or Prophane Person be amongst you like Esau that would prefer a Sensual pleasure before the great things that were promised by our Lord to them that obey him Wherein the mention of Esau's Story is only to illustrate and set off what they fell short of the Grace of God and the designs of his Holy Institution Indeed if he could prove to us that his Royal Highness being the younger Brother had any such thing transmitted to him in his Generation as the Jews called the Segulah by which they mean some peculiarity which did appropriate the Right of the Promises made to Abraham which Jacob had and Esau wanted they say If he had any Divine mark upon him besides the Contingency of his Birth that design'd him mark'd him for a King besides Roman Zeal there would be some Consequence in his Discourse and this would be the best Argument that he hath yet us'd though the King would be little beholden to him for it But where God doth not interpose by express Revelation Humane Affairs Concerns and Interests of all sorts must be Governed and Ruled by the Laws Orders and Decrees of the respective Governments I would not have been
Consequence whereof is that he very impertinent or else the Duke of York is now Prince of Wales and Duke of Cornwal and that he is within the Statute of 25 Ed. 3. This Argument of his he leaves to be further illustrated and pursued by the Church-men and Civilians But lest they should fail this Epistoler for I now am well assured that this question and cause is to be managed by the Sword by Massacres and the French Plot and not by Writing I have adventured and will proceed to illustrate his Arguments and pursue them into their Consequences leave the Epistoler of Quality to be pursued with laughter for he deserves no worse if it be true that he professeth that he is a Protestant and Lover of the Government Now he will he saith as best sorting with his profession and with a discourse of the nature drive proofs from the Authority of the Common and Statute-Law of England From whence it follows That the Common-Law and Statute-Laws of England are proper to be consulted with for declaring the Laws of God and the Laws of Nature which they never yet pretended to do And Secondly it follows from thence that this Epistoler no more understands the Common and Statute-Laws of England and what places they are to have in the Conduct of our manners and guidance of our Consciences than he doth as appears by what he hath said before what is the Law of God or Nature He lays it down as most evident That all the humane Acts and Powers in the World cannot hinder the Discent of the Crown upon the next Heir of the Blood because though they may hinder the Possession and Enjoyment of it This is a Dowry which the great King of Kings hath reserved to his own immidiate Donation and hath placed above the reach of a mortal Arm and mankind can no more hinder or intercept it than it can the Influences of the Stars or the Heavens upon the Sublunary world or beat down the Moon The Consequence of this is that the man is Lunatick and of insane memory and hath forgot and denies what in the same breath he affirms Eor he agrees humane Power may hinder the possession and enjoyment and yet it is no more possible to hinder the Descent than to stop the Influences of Heaven and to pull down the Moon Secondly It follows that that which is done is impossibe to be done Thirdly that there is no Right at all by Descent nor can be any Descent of the Crown for that it is reserved as he says to Gods immediate Donation And we never yet heard of any immediate Gift or Donation thereof from God And if the Duke will stay until that be done we most solemnly declare we will accept him for our King and he shall be a King to intents and purposes as he terms it we will be kinder and juster to him than his Freinds of the same perswasion with the Epistoler who will give him the Name and Style and would Abridge him as they pretend of the Power and Authority of a King He says further That when the Duke is King that the Legiance and Fidelity of the Subject is due to him by the immutable Law of Nature from whence it clearly follows that he must stay until that time come That when he is a Loyal and Foyal King we are to be Loyal and Foyal Liege-men and Subjects For Calvin's Case which he cites by the general Opinions of all considerable Lawyers is Apocryphal where it makes Allegiance absolute and more extensive than the Legal Power of Kings But here he subjoyns such loathsom Pedantry that I cannot but remark it He subjoyns to his mention of Calvin's Case that Aristotle Nature's Amanuensis as he calls him agrees with that Case in that he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Seneca's Natura commenta est Regem But for my promise sake I will make no further Observations upon him than by bare repeating of it to expose it That the King and his Successors are Kings by Nature he proves For that the Statute Laws do frequently stile the King our Natural Liege-Lord And for further proof tells us that in Indictments it is set forth that the Treason is commited contra debitum Fidei Ligeantiae quod naturaliter de jure impendere debet And the King in Indictments is sometimes styled Natural Lord. Whence it follows that we are born under Allegiance that no man that is born under any form of Government can deny Faith unto it though he never expresly swore Allegiance That the King of France is not our Natural Lord neither doth the Oath of Allegiance bind us to that Form of Government if introduced because the King was born to no such Kingship Nor is our King a Natural Lord to any Forreigners that come hither and the Form of the Indictment against Forreigners as the Lawyers know must be in another Form And further it followes That in all changes of Government the word natural is to be adjoyned to Allegiance in all Indictments of Treason committed against the Government in its several changes that it may suffer And this all the Lawyers with one voice pronounce He sums up all that he hath said before thus No humane Power can hinder the Descent of the Crown upon the Right Heir the Descent makes the King Allegiance is due to the King by the Law of Nature The Law of Nature cannot be abrogated by humane Power That Common-Law is more worthy than Statute-Law and the Law of Nature more worthy than both But upon better consideration of the whole matter it follows with better Consequence That Nature hath made no Laws about Property nor about Governments otherwise all Laws of Right and Property and all Governments would have been the same for what she makes are Universal as the Nature of man Besides that if he knew where she became a Legislatrix or if this Gentleman could direct us to a veiw of her Pandects we ought to acoord all our Laws to them Secondly That Common-Law is not to be preferred before Statute-Law For the Judges who declare the Common-Law are not wiser than Parliaments and the Common-Law appears so bad a Rule that it requires oftentimes amendment Thirdly It follows that no Legislation is Lawful for that which is to be preferred is best and that which is best is to be a Law for ever Fourthly That no Allegiance is due to any Prince but whom the Law appoints and as the Law appoints That he that is not King to him no Allegiance is due That humane Power is competent enough to alter as well as make any humane Constitution That which by humane Authority was made and made also descendible for all Crowns are not descendible can be altered by the same Authority in its Discent The greater part of this ensuing Discourse is the remembrance of the Tragedies that have been acted upon the English Nation by our Kings For we have not only suffered
under their bad Government but they have Usurpt one upon another and we have been infinitely miserable by being drawn into Wars to dispute which of them should Govern us after their own manner and fashion If this Epistoler had had any reguard to mankind any bowels and commiseration for the vast Miseries and Calamities which we have suffered thereby except he had depressed all mankind so far below this Jure-Divinity Head as if they were no more considerable than a swarm of Flies and ought to perish by Thousands to the Pleasure Lust and Ambition of any that is big enough to pretend to a Crown he had not here talked so gloriously of the Matter of Succession he would have put the Crown in Cypress and vail'd its splendour with a mourning dress he would not have talked of Pearls and Oriency in his foolish style Jewels and Gems of Magnitude But if they by Cruelty and Treachery have murdered one another and usurpt upon the Legal Right of Succession and did keep the people in a state of War for Centuries of years shall not we exclude a single Person from the Succession to prevent more and greater Miseries to be executed perhaps in one year upon this poor Nation than the former Usurpations did produce in Centuries of years But let him attempt the Crown notwithstanding an Act of Parliament for his Exclusion he is all that while but attempting to make us miserable if he be not excluded he doth it certainly We exclude only his Person not his Posterity and we will not entail a War upon the Nation though for the sake and interest of the Glorious Family of the Stuarts The next Argument he produceth is this viz. that in Acts of Parliament the Right of Succession is called a Natural Right and consequently that it is unalterable The consequence of this Argument is that a Right by Birth is a natural Right and that truly for men are born by nature Secondly It follows that no man hath a natural Right by Birth to the Inheritance of his Father or that his Father cannot give it from him or he himself foreclose himself by Treason and Felony Or else it follows that notwithstanding Princes of the Bloud succeed by the right of their Birth which is a natural Right or a Right by Nature they may be set aside and excluded the Succession to the Crown upon as great reason as we have for this Bill of Exclusion His Law Farrago of Statutes that have been adjudged void because unreasonable and impossible concludes that a Statute-Law in a matter that is not unreasonable and impossible is a good and binding Law and therefore he ought to have a profound veneration and deference to it in which we use only his own words in this matter which are the least foolish when it passeth into a Law But if he cannot find the reasonableness of this Bill in what we have offered we may further conclude that nothing will convince him but French Auxiliaries and a Stack of Faggots in Smithfield If this Act be impossible to be executed we must conclude that it is in the Power of his Party to execute our Laws Religion and Government and to Assassinate the Nation We wish only on the behalf of our Religion and Government that we had as great assurance that the Bill would pass into a Law as the reasonableness thereof is evident But this Epistoler whose Province he saith is Law nextly undertakes to say That the Successsion of the Crown to the next Heir of the Bloud is a Foundamental and Primary Constitution of this Realm and indeed the Basis and Foundation of all our Laws The Succession of the Crown to the next Heir of the Bloud is one of the highest essential and undivided Rights of the Crown That no Person or Community can give away or transfer a thing which they never had to give Of this nature is the Right of Succession to the Crown which is not the gift of a man but the immediate Dowry that World he is fond of of God Nature and the immutable Customs of the State Whence it follows that God Nature and the immutable Customs of State met together once upon a time about this Matter or that the immutable Customs of State did sometime consult God and Nature about this matter and agreed their Sentiments Or God and Nature and immutable Customs of State are all one That Customs of State are made without People That Customs of State are as immutable as God and Nature That God and Nature cannot alter that which is once a Custom That God cannot be heard though he interposeth with all the Obligations that he lays upon us to Humanity and Justice from his own Philanthropy and Justice to protect the whole Body of an Innocent Nation from destroying Zeal and wasting Superstition nor Nature her self be heard in her close injunctions of self-preservation But immutable Custom a more powerful Supream must prevail against God and Nature though at first they stuck together in making this Primary Constitution the Basis and Foundation of all Laws for nothing else was certainly in the mind of God and Nature so much as to set up a Royal Family amongst us a part of Mankind And to shew a particular kindness to the English People for he hath not dealt so with every Nation That he doth not certainly think us worthy of any Laws any Lives or Estates if we do not aceept of this singular favour nor if we do accept wo worth us miserable people But Laws it seems we can have none without it for that 's the true Basis and Foundation saith he of all Laws And this follows with good reason for the Succession of the Crown to the next of Bloud is one of the highest most essential and undivided Rights of the Crown for it is clear we must lose our present King and he be divided from his Life and Crown rather then the Succession be devided from the next of Bloud and after that what matters it what becomes of the People of no regard certainly of no regard at all nor to be considered where the Rights or pretences of Kings are concerned And further because Kings cannot alienate the Crown which doth not lie in Dominion but in Truth not in Property but in care for Officium est imperare non regnum And because that people cannot be sold like Droves of Cattle therefore it is with clear and irrefragable reason infer'd by this Letter-writer That the King must not live that he cannot remove an irresistible temptation against his own Life And we must receive a King that hath devoted us a fat Sacrifice to his cruel Superstition as his party hath our King that they may more easily come at us Lastly he saith That the right Heir of the Crown cannot be bar'd or excluded by Act of Parliament because the Accession and Descent of the Crown in an instant absolutely purgeth and dischargeth all Obstructions and Incapacities
people or who after he had got into the Throne obtained the submissions of the People The same reason admits an Alien born though he be estranged from us by his Birth Est in Juvencis est in equis patrum vertus Though what I have said in this matter is so obvious that no considering man can escape these thoughts yet I cannot think it impertinent to add it here to clear what I have laid down in the precedent Sheets as an undoubted truth and evident in it self That the Succession to the Crown is the peoples Right But there is nothing I perceive to be allowed clear and evident when we live in an Age wherein Fools and most ignorant persons will undertake by the Liberty of the Press to print and publish to the world their crude thoughts and with great assurance offer their uncouth Opinions with astonishing presumption Besides to the reasonableness of this Doctrine it is agreeable to the Illustrious Grotius De Jure Belli Pacis Lib. 2. cap. 7. And nothing follows from his collected Law-cases about the different Rules of Succession of the Crown from private Fees but that he is a very young Lawyer or an old senseless Jobber of Law-Cases But I hope that all men that read him will with resentment think themselves used with scorn when they see what frivolous Fellows attempt upon them to deceive them and will be fully convinced that the Bill is reasonable just and fit since they have nothing better to object against it The last endeavour of the Epistoler is to remove the Authority of Parliaments and the Act made in the Thirteenth of Queen Elizabeth The words of which are printed at the close of the Papers against the man of Great and Weighty Considerations Our case is not in its reasons unparallel to those that introduced that Law and occasioned the making of that Declaration but whatever was the particular Reason the Declaration of that Parliament in that Act is general and therefore it is an Authority not to be impeached to prove that there is such a power to alter the Succession of the Crown for great Ends and weighty Reasons and just Causes Besides that such a power is lodged in the Parliament is clearly proved by us from the nature of Government in the foregoing Sheets As also that such a power will not be abused by using it in this Bill of Exclusion of which I hope no body upon the reading of them will retain any longer any manner of doubt But I cannot before I have done but take notice of his little Artifice in that he doth suggest that by the Act of Parliament of the Thirteenth of Queen Elizabeth cap 1. the Title of the Family of Stuarts is excluded when it is evident by the words of the Act that the Disability there enacted is only personal And his story of Monsieur the Duke of Anjou designing then to marry the Queen is a false and malicious insinuation to hurt the memory of that excellent Princess And consequently that King James and his Race had and have notwithstanding the validity of that Act a good Title to the Crown And that the validity of that Act may be maintained without derogation and injury to his Majesties sacred Title whom God long preserve A short Historical Collection touching the SUCCESSION of the CROWN WHether the History of the Succession of the Crown will allow so good and clear an Hereditary Right Jure humano as we have yielded in the precedent discourse the Reader will best judge by the short Historical Collection touching the Succession hereto subjoyned In the Heptarchy there was no fit Hereditary Right one King tripping up the heels of another as he had power till one got all After that Alfred Bastard-son to Oswin Adelstane Bastard-son of Edward the Elder Edmund Surnamed the Martyr Bastard-son to King Edgar Harold Surnamed Harefoot Bastard-son to Canute wore the Imperial Crown of England But a Law was made under the Saxon Monarchy De Oodinatione Regum directing the Election of Kings and prohibiting Bastards to be chosen Edward the Confessor was no King Jure Haereditario but the right was most indisputable at first in Edward Son of Edmond Ironside Father to Edgar Etheling his Nephew during his life and after his decease in that Edgar who was Nephew also to the Confessor William the First called the Conquerour was a Bastard and had no right but from his Sword and the Peoples Suhmissions and their Electing him William Rufus was elected against the right of his Elder Brother Robert then living Henry the First was made King favenle Clero Populo his Brother Robert still living whose Eyes were after put out at Cardiss-Castle in Wales King Stephen was elected a Clero Populo and confirmed by the Pope and Maud Daughter of Henry the First excluded Henry the Second came in by consent yet he had no Hereditary right for his Mother Maud the Empress Daughter and Heir to Henry the First was then living King John had an elder Brother Jeoffery Earl of Brittany who had Issue Arthur and Elianor which ought to have succeeded before him but he Arthur his Eldest Brother's Son living was elected a Clero Populo and being divorced from his Wife by his new Queen had Henry the Third Henry the Third was confirmed and setled in the Kingdom by the general Election of the people Elianor Daughter to Jeoffery the elder Brother still living Roger Mortimer Earl of March Son of Edmund by Philippa Daughter and Heir of Lionel Duke Clarence a younger Son of Edward the Third was in the Parliament 9 R. 2. declared Heir Apparent of the Crown which could not be but by force of an Act of Parliament Henry the Fourth came to the Crown by way of Election and in his time viz. in the eighth year of his Reign was the first Act of Parliament made for Entailing the Crown with Remainders By vertue of which his Son Henry the Fifth became King and after him Henry the Sixth In Henry the Sixth his time Richard Duke of York claimed the Crown and an Act of Parliament was made 39 H. 6. that Henry the Sixth should enjoy the Crown for his life and the said Duke and his Heirs after him After which King Henry raises an Army by the assistance of the Queen and Prince and at Wakefield in Battle kills the Duke for which 1 Edw. 4. they were all by Act of Parliament attainted of Treason and one principal reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had kill'd him which Act of Attainder was 1 H. 7. repealed and the Blood of the King Queen and Prince restored in terms of disgrace and detestation of so barbarous an Attainder Rot. Palr Anno 1 H. 7. Edward the Fourth succeeds upon the death of H. 6. by vertue of an Act of Parliament made in the time of H. 6. for entailing the Crown as Son
and Heir to the Duke of York Edward the Fifth succeeded by vertue of the same Act of Entail Richard the Third having got the Crown he was confirmed King by Act of Parliament which likewise Entail'd the Crown which was done upon two reasons pretended First for that by reason of a precontract of Edward the Fourth Edward the Fifth his eldest Son and all his other Children were declared Bastards Secondly for that the Son of the Duke of Clarence second Brother to Edward the Fourth had no right because the Duke was attainted of Treason by a Parliament of Edward the Fourth The Act of Parliament for Bastardizing the Children of Edward the Fourth was in force until repealed in the time of Henry the Seventh after his Marriage with Elizabeth the Daughter of Edward the Fourth Henry the Seventh comes in by no legal Title First because Edw. 4th his Daughter was then living Secondly his own Mother was then living In his first Parliament the Crown was Entail'd upon him and the Heirs of his body And observable it is that after the death of Elizabeth his Queen Daughter and Heir to Ed. 4th there is no notice taken of any right which was pretended to by Hen. 8. during his Fathir's life as being Son and Heir of his Mother who had the legal Right to the Crown by an ordinary right of Succession Henry the Eighth Succeeded who did as all his Laws speak derive his Title to the Crown by the Fathers side and not by the Mothers In his Reign the Crown was Entail'd thrice by Act of Parliament Confirm'd by the general Oaths both of the Spiritualty and the Lasty and it was made High Treason to refuse such Oaths and several Attainders were in his time by particular Acts of parliament of several persons who opposed such limitations of the Crown and the authority of the Laws that made them But the great Law of the three was made in the 35th year of his Reign Cap. 1. whereby power was given him to give and dispose by his Letters Patents or by Will the Imperial Crown of the Realm to remain and come after his death for want of lawful Heirs of Prince Edward the Lady Mary and the Lady Elizabeth to such person or persons in remainder or reversion as should please his Highness In which Act there was a Clause that made it high Treason to speak or write against that Act or to go about to annul or repeal it Besides there is another Proviso in that Act That if the Lady Mary should not keep such conditions which the King should declare by his Letters Patents or last Will the Imperial Crown should come to the Lady Elizabeth And if the Lady Elizabeth should not observe the same then the Crown was to go to such person as the King by his Letters Patents or last Will should limit and appoint By virtue of which limitation in the Act of Parliament afore-mentioned Edward the Sixth succeeded to the Crown and after him Queen Mary in whose Reign in an Act of Parliament for Conformation of the Articles of Marriage between her and Philip of Spain the Crown was again Entail'd but she dying without Issue the Lady Elizabeth became Queen who had been declared a Bastard as well as her Sister Mary in the life of their Father and therefore succeeded to the Crown by force of the Entail made in the 35 H. 8. Cap. 1. Pursuant to these Presidents in fact in the 13. year of the Reign of Q. Eliz. an Act of Parliament was made declaratory of the power of Parliament in the limitation of the Succession which made it highly penal to deny the Authority of an Act of Parliament for the limitation of the Crown Several persons in her time were proceeded against upon that Act and had the Judgement of Traytor and as Traitors executed for being contrary to that Law This Queen dying King James succeeded who was as the Statute of Recognition made in Parliament the first year of his Reign declares lineally rightfully descended of the most excellent Lady Margaret eldest Daughter of the most renowned Henry the 7th and the high and Noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the 4th the said Lady Margaret being eldest Sister of King Henry the 8th Father of the High and mighty Princes of famous memory Elizabeth late Queen of England It is further observable that upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of Emgland and Spain were entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament and the Pope's Bull. And by that Act of Parliament for confirming the Articles of Marriage Philip was created King and did exercise Soveraign Authority and particularly in making Laws together with the Queen the Stile of the Soveraign Assent to Bills in Parliament in their time being Le Roy la Roigne les veulent And likewise for that it was agreed by the States of both Kingdomes and the Low Countries it is therefore probable that it was the Universal opinion of the great men of that Age That Kings and Soveraign Princes by and with the consent of their States had a power to alter and bind the Succession of the Crown FINIS