of Rome as guilty of Idolatry unless at the same time we part with our Religion X. Others give us a strange sort of Argument to persuade us to part with the Test they say The King must imploy his Popish Subjects for he can trust no other and he is so assured of their Fidelity to him that we need apprehend no Danger from them This is an odd Method to work on us to let in a sort of People to the Parliament and Government since the King cannot trust us but will depend on them so that as soon as this Law is repealed they must have all the Imployments and have the whole Power of the Nation lodged in their hands this seems a little too gross to impose even on Irishmen The King saw for many Years together with how much Zeal both the Clergy and many of the Gentry appeared for his Interests and if there is now a Melancholy Damp on their Spirits the King can dissipate it when he will and as the Church of England is a Body that will never rebel against him so any Sullenness under which the late Administration of Affairs has brought them would soon vanish if the King would be pleased to remember a little what he has so often promised not only in Publick but in Private and would be contented with the Exercise of his own Religion without embroiling his whole Affairs because F. Petre will have it so and it tempts Englishmen to more than ordinary degrees of Rage against a sort of Men who it seems can infuse in a Prince born with the highest sense of Honour possible Projects to which without doing some Violence to his own Royal Nature he could not so much as hearken to if his Religion did not so fatally muffle him up in a blind Obedience But if we are so unhappy that Priests can so disguise Matters as to mislead a Prince who without their ill Influences would be the most Glorious Monarch of all Europe and would soon reduce the Grand Louis to a much humbler Figure yet it is not to be so much as imagined that ever their Arts can be so unhappily successful as to impose on an English Parliament composed of Protestant Members SOME REFLECTIONS On His MAJESTY'S PROCLAMATION Of the Twelfth of February 1686 / 7. for a TOLERATION in Scotland Together with the said PROCLAMATION I. THe Preamble of a Proclamation is oft writ in haste and is the Flourish of some wanton Pen but one of such an Extraordinary nature as this is was probably more severely examined there is a new Designation of his Majesty's Authority here set forth of his Absolute Power which is so often repeated that it deserves to be a little searched into Prerogative Royal and Sovereign Authority are Terms already received and known but for this Absolute Power as it is a new Term so those who have coined it may make it signifie what they will. The Roman Law speaks of Princeps Legibus solutus and Absolute in its natural signification importing the being without all Ties and Restraints then the true meaning of this seems to be that there is an Inherent Power in the King which can neither be restrained by Laws Promises nor Oaths for nothing less than the being free from all these renders a Power Absolute II. If the former Term seemed to stretch our Allegiance that which comes after it is yet a step of another nature tho' one can hardly imagine what can go beyond Absolute Power and it is in these Words Which all our Subjects are to obey without reserve And this is the carrying Obedience many sizes beyond what the Grand Seigneur has ever yet claimed For all Princes even the most violent Pretenders to Absolute Power till Lewis the Great 's Time have thought it enough to oblige their Subjects to submit to their Power and to bear whatsoever they thought good to impose upon them but till the Days of the late Conversions by Dragoons it was never so much as pretended that Subjects were bound to obey their Prince without Reserve and to be of his Religion because he would have it so Which was the only Argument that those late Apostles made use of so it is probable this Qualification of the Duty of Subjects was put in here to prepare us for a terrible le Roy le veut and in that case we are told here that we must obey without reserve and when those severe Orders come the Privy-Council and all such as execute this Proclamation will be bound by this Declaration to shew themselves more forward than any others to obey without reserve and those poor Pretensions of Conscience Religion Honour and Reason will be then reckoned as Reserves upon their Obedience which are all now shut out III. These being the Grounds upon which this Proclamamation is founded we ought not only to consider what Consequences are now drawn from them but what may be drawn from them at any time hereafter for if they are of force to justifie that which is now inferred from them it will be full as just to draw from the same Premises an Abolition of the Protestant Religion of the Rights of the Subjects not only to Church-lands but to all Property whatsoever In a word it asserts a Power to be in the King to command what he will and an Obligation in the Subjects to obey whatsoever he shall command IV. There is also mention made in the Preamble of the Christian Love and Charity which his Majesty would have established among Neighbours but another dash of a Pen founded on this Absolute Power may declare us all Hereticks and then in wonderful Charity to us we must be told that we are either to obey without Reserve or to be burnt without Reserve We know the Charity of that Church pretty well It is indeed Fervent and Burning and if we have forgot what has been done in former Ages France Savoy and Hungary have set before our Eyes very fresh Instances of the Charity of that Religion While those Examples are so green it is a little too imposing on us to talk to us of Christian Love and Charity No doubt his Majesty means sincerely and his Exactness to all his Promises chiefly to those made since he came to the Crown will not suffer us to think an unbecoming Thought of his Royal Intentions but yet after all tho' it seems by this Proclamation that we are bound to obey without Reserve it is Hardship upon Hardship to be bound to Believe without Reserve V. There are a sort of People here tolerated that will be very hardly found out and these are the Moderate Presbyterians Now as some say that there are very few of those People in Scotland that deserve this Character so it is hard to tell what it amounts to and the calling any of them Immoderate cuts off all their share in this Grace Moderation is a Quality that lies in the Mind and how this will be found out I
cannot so readily guess If a Standard had been given of Opinions or Practices then one could have known how this might have been distinguished but as it lies it will not be easie to make the Discrimination and the declaring them all Immoderate shuts them out quite VI. Another Foundation laid down for Repealing all Laws made against the Papists is That they were enacted in King James the Sixth's Minority with some harsh Expressions that are not to be insisted on since they shew more the Heat of the Penner than the Dignity of the Prince in whose Name they are given out but all these Laws were ratified over and over again by King James when he came to be of full Age and they have received many Confirmations by King Charles the First and King Charles the Second as well as by his present Majesty both when he represented his Brother in the Year 1681. and since He himself came to the Crown so that whatsoever may be said concerning the first Formation of those Laws they have received now for the course of a whole hundred Years that are lapsed since King James was of full Age so many Confirmations that if there is any thing certain in Humane Government we might depend upon them but this new coined Absolute Power must carry all before it VII It is also well known that the whole Settlement of the Church-Lands and Tythes with many other things and more particularly the Establishment of the Protestant Religion was likewise enacted in King James's Minority as well as those Penal Laws so that the Reason now made use of to annul the Penal Laws will serve full as well for another Act of this Absolute Power that shall abolish all those and if Maxims that unhinge all the Securities of Humane Society and all that is sacred in Government ought to be look'd on with the justest and deepest Prejudices possible one is tempted to lose the Respect that is due to every thing that carries a Royal Stamp upon it when he sees such Grounds made use of as must shake all Settlements whatsoever For if a Prescription of 120 Years and Confirmations reiterated over and over again these 100 Years past do not purge some Defects in the first Formation of those Laws what can make us secure But this looks so like a Fetch of the French Prerogative Law both in their Processes with relation to the Edict of Nantes and those concerning Dependences at Mets that this seems to be a Copy from that famous Original VIII It were too much ill Nature to look into the History of the last Age to examine on what Grounds those Characters of Pious and Blessed given to the Memory of Q. Mary are built but since King James's Memory has the Character of Glorious given to it if the Civility due to the Fair Sex makes one unwilling to look into the one yet the other may be a little dwelt on The peculiar Glory that belongs to King James's Memory is that he was a Prince of great Learning and that he employed it chiefly in writing for Religion Of the Volume in Folio in which we have his Works two thirds are against the Church of Rome one part of them is a Commentary on the Revelation proving that the Pope is Antichrist another part of them belonged more naturally to his Post and Dignity which is the Warning that he gave to all the Princes and States of Europe against the Treasonable and Bloody Doctrines of the Papacy The first Act he did when he came of Age was to swear in Person with all his Family and afterwards with all his People of Scotland a Covenant containing an Enumeration of all the Points of Popery and a most solemn Renunciation of them somewhat like our Parliament Test His first Speech to the Parliament of England was Copious on the same Subject and he left a Legacy of a Wish on such of his Posterity as should go over to that Religion which in good manners is suppressed It is known King James was no Conqueror and that he made more use of his Pen than his Sword so the Glory that is peculiar to his Memory must fall chiefly on his Learned and Immortal Writings and since there is such a Veneration expressed for him it agrees not ill with this to wish that his Works were more studied by those who offer such Incense to his Glorious Memory IX His Majesty assures his People of Scotland upon his certain Knowledge and long Experience that the Catholicks as they are good Christians so they are likewise dutiful Subjects But if we must believe both these equally then we must conclude severely against their being good Christians for we are sure they can never be good Subjects not only to a Heretical Prince but even to a Catholick Prince if he does not extirpate Hereticks for their beloved Council of the Lateran that decreed Transubstantiation has likewise decreed That if a Prince does not extirpate Hereticks out of his Dominions the Pope must depose him and declare his Subjects absolved from their Allegiance and give his Dominions to another So that even his Majesty how much soever he may be a Zealous Catholick yet cannot be assured of their Fidelity to him unless he has given them secret Assurances that he is resolved to extirpate Hereticks out of his Dominions and that all the Promises which he now makes to these poor Wretches are no other way to be kept than the Assurances which the Great Lewis gave to his Protestant Subjects of his observing still the Edict of Nantes even after he had resolved to break it and also his last Promise made in the Edict that repealed the Edict of Nantes by which he gave Assurances that no Violence should be used to any for their Religion in the very time that he was ordering all possible Violences to be put in execution against them X. His Majesty assures us that on all occasions the Papists have shewed themselves good and faithful Subjects to him and his Royal Predecessors but how Absolute soever the King's Power may be it seems his Knowledge of History is not so Absolute but it may be capable of some Improvement It will be hard to find out what Loyalty they shewed on the occasion of the Gunpowder Plot or during the whole Progress of the Rebellion of Ireland if the King will either take the Words of King James of Glorious Memory or King Charles the First that was indeed of Pious and Blessed Memory rather than the Word of the Penners of this Proclamation it will not be hard to find occasions where they were a little wanting in this their so much boasted Loyalty and we are sure that by the Principles of that Religion the King can never be assured of the Fidelity of those he calls his Catholick Subjects but by engaging to them to make his Heretical Subjects Sacrifices to their Rage XI The King declares them capable of all the Offices and Benefices which he
Sincerity that he endeavoured to perswade all others to rely as much on his Word as he himself did It is well known how fatal this Confidence was to him and see Meteren lib. 3. that two years after this that King sent over the Duke of Alva with that severe Commission which has been often printed in which without any regard had to the former Pacification or Promises the King declared that the Provinces had forfeited all their Liberties and that every man in it had forfeited his life and therefore he authorised that unmerciful Man to proceed with all possible Rigour against them It is also remarkable that that bloody Commission is founded on the King 's Absolute Power and his Zeal for Religion This is the only Edict that I know in which a King has pretended to Absolute Power before the two Declarations for Scotland in the year 1687. so whether they who penned them took their Pattern from this I cannot determine it I could carry this view of History much further to shew in many more Instances how little Protestants can depend on the Faith of Roman Catholicks and that their Condition is so much the worse the more pious that their Princes are As for what may be objected to all this from the present State of some Principalities or Towns in Germany or of the Switzers and Grisons it is to be considered that in some of these want of Power in the Roman Catholicks to do mischief and the other Circumstances of their Affairs are visibly the only Securities of the Protestants and whensoever this Nation departs from that and gives up the Laws it is no hard thing to guess how short-lived the Liberty of Conscience even tho' setled into a Magna Charta would be V. All that our Author says upon the General Subject of Liberty of Conscience is only a severe Libel upon that Church whose Principles and Practices are so contrary to it But the Proposition lately made has put an end to all this Dispute since by an Offer of Repealing the Penal Laws reserving only those of the Test and such others as secure the Protestant Religion the question is now no more which Religion must be tolerated but which Religion must reign and prevail All that is here offered in Opposition to that is that by this means such a number of Persons must be ruined Pag. 64. which is as severe a way of forcing People to change their Religion as the way of Dragoons I will not examine the particulars of this matter but must express my joy to find that all the Difficulty which is in our way to a happy quiet is the supplying such a number of men with the means of their subsistance which by the Execution of the Law for the Test must be taken from them This by all that I can learn will not come to near an Hundred Thousand Pound a year and indeed the supplying of those of the King's Religion that want it is a piece of Charity and Bounty so worthy of him that I do not know a man that would envy them the double of this in Pensions and if such a Sum would a little charge the King's Revenue I dare say when the Settlement of the Nation is brought to that single point there would not be one Negative found in either House of Parliament for the reimbursing the King So far are we from desiring either the Destruction or even the Poverty of those that perhaps wait only for an occasion to burn us I will add one bold thing further that tho' I will be no undertaker for what a Parliament may do yet I am confident that all men are so far from any desire of Revenge but most of all that the Heroical Minds of the next Successors are above it that if an Indemnity for that bold violation of the Law that has been of late both practised and authorised among us would procure a full Settlement even this could be obtained tho' an Impunity after such Transgressions is perhaps too great an Encouragement to offend for the future But since it is the Preservation of the Nation and not the ruine of any party in it that is aimed at the Hardiness of this Proposition will I hope be forgiven me It is urged pag. 63. that according to the Dutch Pattern at least the Roman Catholicks may have a share in Military Employments but the difference between our Case and theirs is clear since some Roman Catholick Officers where the Government is wholly in the Hands of of Protestants cannot be of such dangerous Consequence as it must needs be under a King that is not only of that Perswasion but is become nearly allied to the Society as the Liege Letter tells us VI. It is true our Author would perswade us that the King 's dispensing Power has already put an end to the Dispute and that therefore it is a seeming sort of Perjury see pag. 48. to keep the Justices of Peace still under an Oath of executing those Laws which they must consider no more Some Presidents are brought from former times pag. 22 23 24. of our Kings using the dispensing Power in Edward the Third Richard the Second Henry the Seventh Henry the Eighth Edward the Sixth and Queen Elizabeth's time It is very true that the Laws have been of late broke through among us with a very high hand but it is a little too dangerous to upbraid the Justices of Peace with their Oaths lest this oblige them to reflect on so sacred an Engagement for the worthy Members of Magdalen Colledge are not the only Persons in England who will make Conscience of observing their Oaths so that if others are brought to reflect too much on what they do our Author's Officiousness in suggesting this to them may prove to be no acceptable piece of servce I will not examine all his Presidents we are to be governed by Law and not by some of the excesses of Government nor is the latter end of Edward the Third a time to be much imitated and of all the parts of the English History Richard the Second's Reign should be the least mentioned since those excesses of his produced so Tragical a Conclusion as the loss of his Crown and Life Henry the Sixth's feeble and imbroiled Reign will scarce support an Argument and if there were some excesses in Henry the Eighth's time which is ordinary in all great Revolutions he got all these to be either warranted or afterwards confirmed in Parliament And Q. Elizabeth's Power in Ecclesiastical matters was founded on a special Act of Parliament which was in a great measure repealed in the year 1641. and that Repeal was again ratified by another Act in the late King's time We are often told of the late King's repealing the Act concerning the Sise of Carts and Waggons but all Lawyers know that some Laws are understood to be abrogated without a special Repeal when some visible Inconvenience enforces it such as appeared in that
in Mr. Fagel's Letter and how well that was received and how civilly it was answer'd all England saw It is true the Prince is very nearly related to the King but there are other Ties stronger than the Bonds of Flesh and Blood He owes more to the Protestant Religion and to the Nation than can be defaced by any other Relation whatsoever and if the faling in one Relation excuses the other then enough might be said to shew at what pains the Court of England has been to free the Prince from all other Engagements except those of Loving Enemies and doing good to those who despitefully use us for upon this account the Prince lies under all possible Obligations 11. The Reflector thinks that those who left Ireland were driven by a needless Fear but tho' he has no reason to apprehend much from the Irish Papists yet those who saw the last Bloody Massacre may be forgiven if they have no mind to see such another He faintly blames that great Change that was lately made in the whole Government of Ireland but he presently excuses it since it was natural for the King and his Friends to desire to be safe some where till they had fair Quarter in England they must make sure of Ireland but he adds that as soon as that was done the thing must have returned into its old Channel again This ought to be writ only to Irishmen for none of a higher size of Understanding can bear it if it can ever be shewed that Papists have yielded up any thing which they had once wrung out of the Hands of Protestants except when they were forced to it we may believe this and all the other gross things which are here imposed on us The plain Case was the Papists resolved to destroy us and to put themselves in case to do it as soon as was possible So they went about it immediately in Ireland only they have delay'd the giving the Signal for a new Massacre till Matters were ripe for it in England 12. The Reflector has reason to avoid the saying any thing to the Article of Scotland for even his Confidence could not support him in justifying the King's claiming an Absolute Power to which all are bound to obey without reserve and the Repealing of a great many Laws upon that Pretension this is too gross for Humane Nature and the Principles of all Religions whatsoever Our Author avoids speaking to it because he does not know the Extent of the Prerogative of that Crown But no Prerogative can go to an Obedience without Reserve nor can Absolute Power consist with any Legal Government 13. The Declaration had set forth that the Evil Counsellors had represented the Expedient offer'd by the Prince and Princess as offer'd on design to disturb the Quiet and Happiness of the Kingdom upon which the Reflector bestows this kind Remark on the Ministry And did they not say true as it happens Believe me some Folks think many of them are not often guilty of such forelight The Writer is angry that his Side is not uppermost and tho' he includes himself in the Ministry by saying Us when he speaks of them yet here tho' he was to censure the Party that is against him he distinguishes them by saying many of the Counsellors use not to have such foresight But perhaps they can object as much to his foresight and with as much reason But if the King comes up to Mr. Fagel's Letter why was it rejected with so much Scorn and answered with so much Insolence Now perhaps they would hearken to it when they have brought both themselves and the Nation to the brink of Ruin by their mad Councils But they ought to be forgiven since they have been true to the Principles and Dictates of their Religion 14. Our Reflector thinks a Free Parliament a Chimera and indeed he and his Friends have been at a great deal of pains to render it impossible But perhaps he may be quickly cured of his Error and a Free One is the sooner like to be chosen when he and such as he are set at a due distance from the Publick Councils If Members are sometimes chosen by Drinking and other Practices this is bad enough but still it is not so bad as the laying a Force upon the Electors and a Restraint upon the Election Nor is it very much to the King's Honour to remember how the last Parliament was chosen it was indeed a very disgusting Essay in the beginning of a Reign and gave a sad prospect of what might be look'd for but if one Violence was born with when the struggle of another Party seemed to excuse it this does not prove that a course of such Violences when the Design is become both more visible and less excusable ought to be endured If the Members of that Parliament proved Worthy Patriots I do not see why they ought not to be remembred with Honour tho' there is a great deal to be said upon their first elevation to that Character which they maintained indeed nobly so that if the first Conception of the Parliament was Irregular yet its End was Honourable since never a Parliament was dissolv'd upon a more Glorious Account 15. The Reflector sets up all his Sail when he enters upon the Article of the pretended Prince of Wales This was a Point by which he hoped to merit highly and upon that to gain ground on that Party of the Court on whom he had reflected with so much scorn Therefore here must the Prince be attack'd with all the malicious Force to which his Rhetorick could carry him and all those Men of Honour that went over to wait on him at the Hague and to represent to him the bleeding and desperate Condition of the Nation must be stigmatized as a lewd Crew of Renegadoes tho I must tell him that the common acceptation of Renegado is one that changes his Religion and by this he will find some near him to whom that Character belongs more justly He almost blames the King for the low Step he lately made to prove that Birth It was a low one indeed to make so much ado and to bring together such a Solemn Appearance to hear so slight a Proof produced which could have no other Effect but to make the Imposture so much the more visible when the utmost Attempts to support it appear to be now so feeble that as to the main Point of the Queen's bearing the Child there is not so much as a colour of a Proof produc'd And it is certain that if this had been a fair thing the Court would have so managed it that it should not have been in the Power of any Mortal to have called it in question And on the other hand they have so managed it that one must needs see in every step of it broad Marks of an Imposture It will not be half Proofs nor suborned Witnesses that will satisfy the Nation in so great a Point But I will
shall think fit to bestow on them and only restrains them from invading the Protestant Churches by force so that here a Door is plainly opened for admitting them to the Exercise of their Religion in Protestant Churches so they do not break into them by force and whatsoever may be the sense of the Term Benefice in its ancient and first signification now it stands only for Church Preferments so that when any Churches that are at the King's Gift fall vacant here is a plain intimation that they are to be provided to them and then it is very probable that all the Laws made against such as go not to their Parish-Churches will be severely turned upon those that will not come to Mass XII His Majesty does in the next place in the vertue of his Absolute Power annul a great many Laws as well those that established the Oaths of Allegiance and Supremacy as the late Test enacted by himself in Person while he represented his Brother upon which he gave as strange an Essay to the World of his Absolute Justice in the Attainder of the late Earl of Argile as he does now of his Absolute Power in condemning the Test it self he also repeals his own Confirmation of the Test since he came to the Crown which he offered as the clearest Evidence that he could give of his Resolution to maintain the Protestant Religion and by which he gained so much upon that Parliament that he obtained every thing from them that he desired of them till he came to try them in the Matters of Religion This is no extraordinary Evidence to assure his People that his Promises will be like the Laws of the Medes and Persians which alter not nor will the disgrace of the Commissioner that enacted that Law lay this Matter wholly on him for the Letter that he brought the Speech that he made and the Instructions which he got are all too well known to be so soon forgotten and if Princes will give their Subjects reason to think that they forget their Promises as soon as the Turn is served for which they were made this will be too prevailing a Temptation to the Subjects to mind the Princes Promise as little as it seems he himself does and will force them to conclude that the Truth of the Prince is not so Absolute as it seems he fancies his Power to be XIII Here is not only a Repealing of a great many Laws and established Oaths and Tests but by the exercise of the Absolute Power a new Oath is imposed which was never pretended to by the Crown in any former time and as the Oath is created by this Absolute Power so it seems the Absolute Power must be supported by this Oath since one Branch of it is an Obligation to maintain his Majesty and his lawful Successors in the exercise of this their Absolute Power and Authority against all Deadly which I suppose is Scotch for Mortals Now to impose so hard a Yoke as this Absolute Power on the Subjects seems no small stretch but it is a wonderful Exercise of it to oblige the Subjects to defend this it had been more modest if they had been only bound to bear it and submit to it but it is a terrible thing so far to extinguish all the Remnants of Natural Liberty or of a Legal Government as to oblige the Subjects by Oath to maintain the Exercise of this which plainly must destroy themselves For the short Execution by the Bow-strings of Turkey or by sending Orders to Men to return in their Heads being an Exercise of this Absolute Power it is a little hard to make Men swear to maintain the King in it and if that Kingdom has suffered so much by the many Oaths that have been in use among them as is marked in this Proclamation I am afraid this new Oath will not much mend the matter XIV Yet after all there is some Comfort his Majesty assures them he will use no Violence nor Force nor any Invincible Necessity to any Man upon the account of his Persuasion It were too great a want of Respect to fancy that a time may come in which even this may be remembred full as well as the Promises that were made to the Parliament after His Majesty came to the Crown I do not I confess apprehend that for I see here to great a Caution used in the choice of these Words that it is plain very great Severities may very well consist with them It is clear that the general Words of Violence and Force are to be determined by these last of Invincible Necessity so that the King does only promise to lay no Invincible Necessity on his Subjects but for all Necessities that are not Invincible it seems they must expect to bear a large share of them Disgraces want of Employments Fines and Imprisonments and even Death it self are all Vincible things to a Man of firmness of Mind so that the Violences of Torture the Furies of Dragoons and some of the Methods now practised in France perhaps may be included within this Promise since these seem almost Invincible to Humane Nature if it is not fortified with an extraordinary measure of Grace but as to all other things His Majesty binds himself up from no part of the Exercise of his Absolute Power by this Promise XV. His Majesty orders this to go immediately to the Great Seal without passing thro' the other Seals Now since this is counter-signed by the Secretary in whose Hands the Signet is there was no other step to be made but thro' the Privy Seal so I must own I have a great curiosity of knowing his Character in whose Hands the Privy Seal is at present for it seems his Conscience is not so very supple as the Chancellor's and the Secretaries are but it is very likely if he does not quickly change his Mind the Privy Seal at least will very quickly change its Keeper and I am sorry to hear that the Lord Chancellor and the Secretary have not another Brother to fill this Post that so the Guilt of the Ruine of that Nation may lie on one single Family and that there may be no others involved in it XVI Upon the whole matter many smaller things being waved it being extream unpleasant to find fault where one has all possible dispositions to pay all Respect we here in England see what we must look for A Parliament in Scotland was tried but it proved a little stubborn and now Absolute Power comes to set all right so when the Closetting has gone round so that Noses are counted we may perhaps see a Parliament here but if it chances to be untoward and not to obey without Reserve then our Reverend Judges will copy from Scotland and will not only tell us of the King 's Imperial Power but will discover to us this new Mystery of Absolute Power to which we are all bound to obey without Reserve These Reflections refer in so many Places
to some Words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to judge whether he is deceived by any false Quotations or not BY THE KING A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these Presents do or may concern Greeting We having taken into Our Royal Consideration the many and great Inconveniencies which have hapned to that Our Ancient Kingdom of Scotland of late Years through the different Persuasions in the Christian Religion and the great Heats and Animosities amongst the several Professors thereof to the ruine and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of GOD into Animosities Names Factions and sometimes into Sacriledge and Treason And being resolved as much as in us lies to unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thought fit to Grant and by Our Sovereign Authority Prerogative Royal and Absolute Power which all Our Subjects are to obey without Reserve do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after-named with and under the several Conditions Restrictions and Limitations after mentioned In the first place We allow and tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting Houses or to use Out-Houses or Barns but only to exercise in their Private Houses as said is In the mean time it is Our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouses of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for Tender Consciences there is no Excuse left In like manner We do hereby tolerate Quakers to meet and exercise in their Form in any Place or Places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grandfather of Glorious Memory without His Consent ☜ and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Sovereign Our Royal Great Grandmother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegiance to their Natural Soveraigns and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be Good Christians so it is to be Dutiful Subjects and that they have likewise on all occasions shewn themselves Good and faithful Subjects to Us and Our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by our Soveraign Authority Prerogative Royal and Absolute Power aforesaid suspend stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman-Catholick Subjects in any time past to all Intents and Purposes making void all Prohibitions therein mentioned Pains or Penalties therein ordained to be inflicted so that they shall in all things be as free in all Respects as any of Our Protestant Subjects whatsoever not only to exercise their Religion but to enjoy all Offices Benefices and others which we shall think fit to bestow upon them in all time coming Nevertheless it is Our Will and Pleasure and we do hereby command all Catholicks at their highest pains only to exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-streets of any of Our Royal Burghs under the Pains above-mentioned And whereas the Obedience and Service of Our Good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder Us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacuate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by Men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid cass annull and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in Our said Kingdom or enjoying their Hereditary Rights and Priviledges discharging the same to be taken or given in any time coming without our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect we do by Our Royal Authority aforesaid stop disable and dispense with all Laws enjoyning the said Oaths Tests or any of them particuarly the first Act of the first Session of the first Parliament of King Charles the Second the eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of Our late Parliament ☜ in so far allanerly as concerns the taking the Oaths or Tests therein prescribed and all others as well not mentioned as mentioned and that in place of them all Our good Subjects or such of them as We or Our Privy Council shall require so to do shall take and swear the following Oath allanerly
was in Scotland and the pretension to Absolute Power is so great a thing that since His Majesty thought fit once to claim it he is little beholden to those that make him fall so much in his Language especially since both these Declarations have appeared in our Gazettes so that as we see what is done in Scotland we know from hence what is in some Peoples Hearts and what we may expect in England II. His Majesty tells his People that the perfect Enjoyment of their Property has never been in any Case invaded by him since his coming to the Crown This is indeed matter of great Encouragement to all good Subjects for it lets them see that such Invasions as have been made on Property have been done without His Majesty's knowledge so that no doubt the continuing to levy the Customs and the Additional Excise which had been granted only during the late King's Life before the Parliament could meet to renew the Grant was done without His Majesty's knowledge the many Violences committed not only by Soldiers but Officers in all the Parts of England which are severe Invasions on Property have been all without his Majesty's knowledge and since the first Branch of Property is the Right that a Man has to his Life the strange Essay of Mahometan Government that was shewed at Taunton and the no less strange Proceedings of the present Lord Chancellor in his Circuit after the Rebellion which are very justly called His Campagne for it was an open Act of Hostility to all Law and for which and other Services of the like nature it is believed he has had the Reward of the Great Seal and the Executions of those who have left their Colours which being founded on no Law are no other than so many Murders all these I say are as we are sure Invasions on Property But since the King tells us that no such Invasions have been made since he came to the Crown we must conclude that all these things have fallen out without his Privity And if a Standing Army in time of Peace has been ever look'd on by this Nation as an Attempt upon the whole Property of the Nation in gross one must conclude that even this is done without His Majesty's knowledge III. His Majesty expresses his Charity for us in a kind Wish That we were all Members of the Catholick Church In return to which we offer up daily our most earnest Prayers for him That he may become a Member of the truly Catholick Church for Wishes and Prayers do no hurt on no side But His Majesty adds That it has ever been his Opinion that Conscience ought not to be constrained nor People forced in Matters of meer Religion We are very happy if this continues to be always his Sense but we are sure in this he is no obedient Member of that which he means by the Catholick Church for it has over and over again decreed the Extirpation of Hereticks It encourages Princes to it by the Offer of the Pardon of their Sins it threatens them to it by denouncing to them not only the Judgments of God but that which is more sensible the loss of their Dominions and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the Horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yea the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute her Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in execution so the same Reason may perhaps make it appear unadvisable to extirpate Hereticks because that at present it connot be done but the Right remains entire and is put in execution in such an unrelenting manner in all Places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joined to the Gentleness of his own Temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no Reason to induce us to believe that a Toleration of Religion is proposed with any other Design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to a Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first Beginnings and the Progress of the Divisions among our selves the Gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by somenting our own Differences and by setting on either a Toleration or a Persecution as it has hapned to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the extirpating all the Nonconformists and it were easie to name the Persons if it were decent that had this ever in their Mouths but now all is turned round again the Church of England is in disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in vogue that were such odious things but a few years ago that the very mentioning of them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government is as in an Ague divided between hot and cold Fits no wonder if Laws so unsteadily executed have failed of their Effect V. There is a good Reserve here left for Severity when the proper Opportunity to set it on presents it self for His Majesty declares himself only against the forcing of Men in Matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that Publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing
upon the Protestant Religion that is inconsistent with the Publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these were the happy Occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred Years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible Effects that are visible to all the World. There is another Expression in this Declaration which lets us likewise see with what caution the Offers of Favour are now worded that so there may be an Occasion given when the Time and Conjuncture shall be favourable to break thro' them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of our People from us or our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of Men who to our great Misfortune have so much Credit with his Majesty and who will be no sooner lodged in the Power to which they pretend than they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King. VI. His Majesty makes no doubt of the Concurrence of his two Houses of Parliament when he shall think it convenient for them to meet The Hearts of Kings are unsearchable so that it is a little too presumptuous to look into His Majesties secret Thoughts but according to the Judgments that we would make of other Mens Thoughts by their Actions one would be tempted to think that His Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there were a perfect Understanding between Him and His Parliament and that his People were supporting him with fresh Supplies and this House of Commons is so much at his devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Masque with relation to the Test and since that time the frequent Prorogations the Closetting and the Pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of His Majesty's Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mystery a little which are when His Majesty shall think it convenient for them to meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one Point that either with relation to Religion or Politicks affords a greater variety of Matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige a Parliament to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to the English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has clothed him with a vast Prerogative and made it unlawful upon any Pretence whatsoever to resist him whereas on the other Hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can be either made repealed or which is all one suspended but by their Consent so that the placing this Legislative Power singly in the King is a Subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the Peace of Mankind were very ill secured if it were not unlawful to resist upon any Pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the Publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put Men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving Matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems Indispensible it is in those Oaths of Allegiance and Tests that are thought necessary to qualifie Men either to be admitted to enjoy the Protection of the Law or to bear a Share in the Government for in these the Security of the Government is chiefly concerned and therefore the total extinction of these as it is not only a Suspension of them but a plain Repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the Protection of the State by the Oath of Allegiance and for a share in Places of Trust by the Tests is now pluckt up by the Roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any Persons whatsoever for it is plain that this is no Suspension of the Law but a formal Repeal of it in as plain Words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie
forgotten among the rest for there is a scurvy Paragraph in it concerning Self-preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has mark'd out either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash But to make the most of this that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of Men have been disabled from all Imployments that a Prince who at his Coronation swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Postscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abby-Lands as other Lands But the Chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained And to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them As for the Abbey-Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a Mortal Sin and there can no Absolution be given to any who continue in it And so this Promise being an Obligation to maintain men in a Mortal-Sin is null and void of it is self Church-Lands are also according to the Doctrine of their Canonists so immediately Gods Right that the Pope himself is only the Administrator and Dispenser but is not the Master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation For there is nothing how impudent and base soever of which the abject Flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of Flattery among the Romans that Tacitus sets forth with so much just Scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery But tho' he lived four Years after that he called no Parliament notwithstanding the Law for Triennial Parliaments and the manner of his Death and the Papers printed after his Death in his Name have sufficiently shewed that he was equally sincere in both those Assurances that he gave as well in that relating to Religion as in that other relating to frequent Parliaments yet upon his Death a new set of Addresses appeared in which all that Flattery could invent was brought forth in the Commendations of a Prince to whose Memory the greatest kindness can be done is to forget him And because his present Majesty upon his coming to the Throne gave some very general Promise of Maintaining the Church of England this was magnified in so extravagant a strain as if it had been a security greater than any that the Law could give tho' by the regard that the King has both to it and to the Laws it appears that he is resolved to maintain both equally Since then the Nation has already made it self sufficiently ridiculous both to the present and to all succeeding Ages it is time that at last men should grow weary and become ashamed of their Folly. XII The Nonconformists are now invited to set an Example to the rest and they who have valued themselves hitherto upon their Opposition to Popery and that have quarrelled with the Church of England for some small Approaches to it in a few Ceremonies are now sollicited to rejoyce because the Laws that secure us against it are all plucked up since they enjoy at present and during pleasure leave to meet together It is natural for all men to love to be set at ease especially in the matters of their Consciences but it is visible that those who allow them this favour do it with no other design but that under a pretence of a General Toleration they may introduce a Religion which must persecute all equally It is likewise apparent how much they are hated and how much they have been persecuted by the Instigation of those who now court them and who have now no Game that is more promising than the engaging them and the Church of England into new Quarrels And as for the Promises now made to them it cannot be supposed that they will be more lasting than those that were made some time ago to the Church of England who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to The Nation has scarce forgiven some of the Church of England the Persecution into which they have suffered themselves to be cousened tho' now that they see Popery barefac'd the Stand that they have made and the vigorous opposition that they have given to it is that which makes all men willing to forget what is past and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those that were too apt to believe and hope and so suffered themselves to be made a Property to those who would now make them a Sacrifice The Sufferings of the Nonconformists and the Fury that the Popish Party expressed against them had recommended them so much to the Compassions of the Nation and had given them so just a Pretension to favour in a better time that it will look like a Curse of God upon them if a few men whom the Court has gained to betray them can have such an ill Influence upon them as to make them throw away all that Merit and those Compassions which their Sufferings have procured them and to go and court those who are only seemingly kind to them that they may destroy both them and us They must remember that as the Church of England is the only
a due Liberty of Conscience where She has so long lived that there is no reason to make any fansie that She will either keep up our Differences or bear down the Dissenters with Rigour But because you hope for nothing from Her own Inclinations you would have her terrified with the strong Argument of Numbers which you fansie will certainly secure them from Her recalling the Favour But of what side soever that Argument may be strong sure it is not of theirs who make but One to Two hundred and I suppose you scarce expect that the Dissenters will rebel that you may have your Masses and how their Numbers will secure them unless it be by enabling them to Rebel I cannot imagine This is indeed a squinting at the Next Heir with a witness when you would already muster up the Troops that must rise against Her. But let me tell you that you know both Her Character and the Princes very ill that fansie they are only to be wrought on by Fear They are known to your great grief to be above that and it must be to their own merciful Inclinations that you must owe all that you can expect under them but neither to their Fear nor to your own Numbers As for the Hatred and Contempt even to the degree of being more ridiculous than the Mass under which you say Her way of Worship is in Holland this is one of those Figures of Speech that shew how exactly you have studied the Jesuits Morals All that come from Holland assure us that She is so universally beloved and esteemed there that every thing that she does is the better thought of even because She does it Upon the whole matter all that you say of the Next Heir proves too truly that you are that for which you reproach the Church of England a Disciple of the Crown only for the Loaves for if you had that respect which you pretend for the King you would have shewed it more upon this occasion Nor am I so much in love with your Style as to imitate it therefore I will not do you so great a pleasure as to say the least thing that may reflect on that Authority which the Church of England has taught me to reverence even after all the Disgraces that She has received from it and if She were not insuperably restrained by Her Principles in stead of the Thin Muster with which you reproach Her She could soon make so Thick a one as would make the Thinness of yours very visible upon so unequal a Division of the Nation But She will neither be threatned nor laughed out of Her Religion and Her Loyalty tho' such Insultings as She meets with that almost pass all Humane Patience would tempt Men that had a less fixed Principle of Submission to make their Enemies feel to their cost that they owe all the Triumphs they make more to our Principles than to their own Force Their laughing at our Doctrine of Non resistance lets us see that it would be none of theirs under the Next Heir at whom you squint if the strong Argument of Numbers made you not apprehend that Two hundred to One would prove an Unequal Match As for your Memorandums I shall answer them as short as you give them 1. It will be hard to persuade People that a Decision in favour of the Dispensing Power flowing from Judges that are both made and paid and that may be removed at pleasure will amount to the recognizing of that Right by Law. 2. It will be hard to perswade the World that the King 's adhering to his Promises and his Coronation-Oath and to the known Laws of the Land would make him Felo de se The following of different Methods were the likelier way to it if it were not for the Loyalty of the Church of England 3. It will be very easie to see the Use of continuing the Test by Law since all those that break thro' it as well as the Judges who have authorized their Crimes are still liable for all they do and after all your huffing with the Dispensing Power we do not doubt but the apprehension of an after-reckoning sticks deep somewhere You say It may be supposed that the aversion of a Protestant King to the Popish Party will sufficiently exclude them even without the Test But it must be confessed that you take all possible care to confirm that Aversion so far as to put it beyond an It may be supposed And it seems you understand Christ's Prerogative as well as the Judges did the King's that fansie the Test is against it it is so sutable to the nature of all Governments to take Assurances of those who are admitted to Places of Trust that you do very ill to appeal to an Impartial Consideration for you are sure to lose it there Few Englishmen will believe you in earnest when you seem zealous for Publick Liberty or the Magna Charta or that you are so very apprehensive of Slavery And your Friends must have very much changed both their Natures and their Principles if their Conduct does not give cause to renew the like Statutes against them even tho' they should be repealed in this Reign notwithstanding all your confidence to the contrary I will still believe that the strong Argument of Numbers will be always the powerfullest of all others with you which as long as it has its Force and no longer we may hope to be at quiet I concur heartily with you in your Prayers for the King tho perhaps I differ from you in my Notions both of His Glory and of the Felicity of his People And as for your own Particular I wish you would either not at all employ your Pen or learn to write to better purpose But tho I cannot admire your Letter yet I am Your Humble Servant T. T. AN ANSWER TO A PAPER Printed with Allowance Entitled A New Test of the Church of England's Loyalty I. THE Accusing the Church of England of Want of Loyalty or the putting it to a new Test after so fresh a one with relation to His Majesty argues a high degree of Confidence in him who undertakes it She knew well what were the Doctrines and Practices of those of the Roman Church with relation to Hereticks and yet She was so true to her Loyalty that She shut her Eyes on all the Temptations that so just a fear could raise in her And She set her self to support His Majesties Right of Succession with so much Zeal that She thereby not only put her self in the power of her Enemies but She has also exposed her self to the Scorn of those who insult over her in her Misfortune She lost the Affections even of many of her own Children who thought that her Zeal for an Interest which was then so much decry'd was a little too servent And all those who judged severely of the Proceedings thought that the Opposition which She made to the side that then went so
with the King and what Hopes She gave the Party yet they did not so entirely espouse the King's cause but that they had likewise a flying Squadron in the Parliaments Army how boldly soever this may be denied by our Author for this I will give him a Proof that is beyond exception in a Declaration of that Kings sent to the Kingdom of Scotland bearing date the 21 of April 1643. which is printed over and over again and as an Author that writes the History of the late Wars has assured us the clean draught of it corrected in some places with the King 's own Hand is yet extant so that it cannot be pretended that this was only a bold Assertion of some of the Kings Ministers that might be ill affected to their Party In that Declaration the King studied to possess his Subjects of Scotland with the Justice of his Cause and among other things to clear himself of that Imputation that he had an Army of Papists about him after many things said on that head these words are added Great numbers of that Religion have been with great Alacrity entertained in that Rebellious Army against us and others have been seduced to whom we had formerly denied Imployments as appears by the Examination of many Prisoners of whom we have taken twenty and thirty at a time of one Troop or Company of that Religion I hope our Author will not have the Impudence to dispute the Credit that is due to this Testimony but no Discoveries how evident so ever they may be can affect some sort of Men that have a Secret against blushing V. Our Author exhorts us to change our Principles of Loyalty and to take example of our Catholick Neighbours how to behave our selves towards a Prince that is not of our Perswasion But would he have us learn of our Irish Neighbours to cut our Fellow-subjects Throats and rebel against our King because he is of another Religion For that is the freshest Example that any of our Catholick Neighbours have set us and therefore I do not look so far back as to the Gunpowder-Plot or the League of France in the last Age. He reproaches us for failing in our Fidelity to our King. But in this matter we appeal to God Angels and Men and in particular to His Majesty Let our Enemies shew any one point of our Duty in which we have failed for as we cannot be charged for having preach'd any seditious Doctrine so we are not wanting in the preaching of the Duties of Loyalty even when we see what they are like to cost us The Point which he singles out is That we have failed in that grateful Return that we owed His Majesty for his Promise of maintaining our Church as it is established by Law since upon that we ought to have repealed the Sanguinary Laws and the late impious Tests the former being enacted to maintain the Usurpation of Queen Elizabeth and the other being contrived to exclude the present King. We have not failed to pay all the Gratitude and Duty that was possible in return to His Majesties Promise which we have carried so far that we are become the Object even of our Enemies Scorn by it With all Humility be it said that if His Majesty had promised us a farther Degree of his Favour than that of which the Law had assured us it might have been expected that our return should have been a degree of Obedience beyond that which was required by Law so that the return of the Obedience injoined by Law answers a Promise of a Protection according to Law Yet we carried this matter further for as was set forth in the beginning of this Paper we went on in so high a pace of Compliance and Confidence that we drew the Censures of the whole Nation on us Nor could any Jealousies or Fears give us the least Apprehensions till we were so hard pressed in matters of Religion that we could be no longer silent The same Apostle that taught us to honour the King said likewise that we must obey God rather than man. Our Author knows the History of our Laws ill for besides what has been already said touching the Laws made by Queen Elizabeth the severest of all our Penal Laws and that which troubles him and his Friends most was past by K. James after the Gunpowder-Plot a Provocation that might have well justified even greater Severities But tho' our Author may hope to impose on an ignorant Reader who may be apt to believe implicitly what he says concerning the Laws of the last Age yet it was too bold for him to assert that the Tests which are so lately made were contrived to exclude the present King when there was not a Thought of Exclusion many years after the first was made and the Duke was excepted out of the Second by a special Proviso But these Gentlemen will do well never to mention the Exclusion for every time that it is named it will make People call to mind the Service that the Church of England did in that matter and that will carry with it a Reproach of Ingratitude that needs not be aggravated He also confounds the two Tests as if that for Publick Imployments contained in it a Declaration of the King 's being an Idolater or as he makes it a Pagan which is not at all in it but in the other for the Members of Parliament in which there is indeed a Declaration that the Church of Rome is guilty of Idolatry which is done in general terms without applying it to His Majesty as our Author does Upon this he would infer That his Majesty is not safe till the Tests are taken away but we have given such Evidences of our Loyalty that we have plainly shewed this to be false since we do openly declare that our Duty to the King is not founded on his being of this or that Religion so that His Majesty has a full Security from our Principles tho' the Tests continue since there is no reason that we who did run the hazard of being ruined by the Excluders when the Tide was so strong against us would fail his Majesty now when our Interest and Duty are joyned together But if the Tests are taken away it is certain that we can have no Security any longer for we shall be then laid open to the Violence of such restless and ill-natured men as the Author of this Paper and his Brethren are VI. The same reason that made our Saviour refuse to throw himself down from the Roof of the Temple when the Devil tempted him to it in the vain Confidence that Angels must be assistant to him to preserve him holds good in our Case Our Saviour said Thou shalt not tempt the Lord thy God. And we dare not trust our selves to the Faith and to the Mercies of a Society that is but too well known to the World to pretend that we should pull down our Pales to let in such Wolves among us
God and the Laws have given us legal Security and His Majesty has promised to maintain us in it and we think it argues no Distrust either of God or the Truth of our Religion to say that we cannot by any Act of our own lay our selves open and throw away that defence Nor would we willingly expose His Majesty to the unwearied Sollicitations of a sort of men who if we may judge of that which is to come by that which is past would give him no rest if once the restraints of Law were taken off but would drive matters to those Extremities to which we see their Natures carry them head long VII The last Paragraph is a strain worthy of that School that bred our Author he says His Majesty may withdraw his Royal Protection from the Church of England which was promised her upon the account of her constant Fidelity and he brings no other Proof to confirm so bold an Assertion but a false Axiome of that despised Philosophy in which he was bred Cessante causa tollitur effectus This is indeed such an Indignity to His Majesty that I presume to say it with all humble reverence these are the last persons whom he ought to pardon that have the boldness to touch so sacred a point as the Faith of a Prince which is the chief Security of Government and the Foundation of all the Confidence that a Prince can promise himself from his People and which once blasted can never be recovered Equivocations may be both taught and practised with less danger by an Order that has little Credit to lose but nothing can shake Thrones so much as such treacherous Maxims I must also ask our Author in what point of Fidelity has our Church failed so far as to make her forfeit her Title to His Majesties Promises For as he himself has stated this matter it comes all to this The King promised that he would maintain the Church of England as established by Law. Upon which in Gratitude he says That the Church of England was bound to throw up the Chief Security that she had in her Establishment by Law which is that all who are intrusted either with the Legislative or the Executive parts of our Government must be of her Communion and if the Church of England is not so tame and so submissive as to part with this then the King is free from his Promise and may withdraw his Royal Protection tho' I must crave leave to tell him that the Laws gave the Church of England a Right to that Protection whether His Majesty had promised it or not Of all the Maxims in the World there is none more hurtful to the Government in our present Circumstances than the saying that the King's Promises and the Peoples Fidelity ought to be reciprocal and that a Failure in the one cuts off the other for by a very natural Consequence the Subject may likewise say That their Oaths of Allegeance being founded on the Assurance of His Majesties Protection the One binds no longer than the Other is observed and the Inferences that may be drawn from hence will be very terrible if the Loyalty of the so much decryed Church of England does not put a stop to them THE EARL of MELFORT's LETTER TO THE PRESBYTERIAN-MINISTERS IN SCOTLAND Writ in his Majesties Name upon their ADDRESS Together with some Remarks upon it The Earl of Melfort's Letter Gentlemen I Am commanded by His Majesty to signifie unto you his gracious acceptance of your Address that he is well satisfied with your Loyalty expressed therein for the which he resolves to perpetuate the Favour not only during his own Reign but also to lay down Ways for its Continuance and that by appointing in the next ensuing Parliament the taking off all Penal Statutes contrary to the Liberty or Toleration granted by him His Majesty knows that Enemies to Him to You and this Toleration will be using all Endeavours to infringe the same but as ever the Happiness of his Subjects standing in Liberty of Conscience and the Security of their Properties next the Golry of God hath been his Majesties great end so he intends to continue if he have all sutable Encouragement and Concurrence from you in your Doctrine and Practice and therefore as he hath taken away the Protestant Penal Statutes lying on you and herein has walked contrary not only to other Catholick Kings but also in a way different from Protestant Kings who have gone before him whose Maxim was to undo you by Fining Confining and taking away your Estates and to harrass you in your Persons Liberties and Priviledges so he expects a thankful acknowledgment from you by making your Doctrine tend to cause all his Subjects to walk obediently and by your Practice walking so as shall be most pleasing to His Majesty and the concurring with him for the removing these Penal Statutes And he further expects that you continue your Prayers to God for his long and happy Reign and for all Blessings on his Person and Government and likewise that you look well to your Doctrine and that your Example be influential All these are His Majesties Commands Sic subs MELFORT REMARKS THE Secretary Hand is known to all the Writing Masters of the Town but here is an Essay of the Secretary's Stile for the Masters of our Language This is an Age of Improvements and Men that come very young into Imployments make commonly a great Progress therefore common things are not to be expected here it is true some Roughnesses in the Stile seem to intimate that the Writer could turn his Conscience more easily than he can do his Pen and that the one is a little stiffer and less compliant than the other He tells the Addressers That His Majesty is well satisfied with their Loyalty contained in their Address for the which he resolves to perpetuate the Favour It appears that the Secretary-Stile and the Notary-Stile come nearer one another than was generally believed For the which here and infringe the same afterwards are Beauties borrowed from the Notary-Stile The foresaid is not much courser The King 's perpetuating the Favour is no easie thing unless he could first perpetuate himself Now tho' His Majesties Fame will be certainly immortal yet to our great Regret his Peron is mortal so it is hard to conceive how this Perpetuity should be setled The Method here proposed is a new Figure of the Secretary-Stile which is the appointing in the next ensuing Parliament the taking off all Penal Laws All former Secretarie used the modest Words of proposing or recommending that he who in a former Essay of this Stile told us of His Majesties Absolute Power to which all the Subjects are to obey without reserve furnishes us now with this new term of the King 's appointing what shall be done in Parliament But what if after all the Parliament proves so stubborn as not to comply with this Appointment I am afraid then the Perpetual will
mistaken Act concerning Waggons so the King in that case only declared the Inconvenience which made that Law to be of it self null because it was impracticable It is true the Parliament never questioned this a man would not be offended if another pulled a Flower in his Garden that yet would take it ill if he broke his Hedge and in Holland to which our Author's Pen leads him often when a River changes its course any man may break the Dike that was made to resist it yet that will be no warrant to go and break the Dike that resists the Current of the same River So if a dispensing Power when applied to smaller Offences has been passed over as an excess of Government that might be excusable tho' not justifiable this will by no means prove that Laws made to secure us against that which we esteem the greatest of Evils may be superseded because twelve Men in Scarlet have been hired or practised on to say so the Power of pardoning is also unreasonably urged for justifying the Dispensing Power the one is a Grace to a particular Person for a Crime committed whereas the other is a warrant to commit Crimes In short the one is a Power to save Men and the other is a Power to destroy the Government But tho' they swagger it out now with the Dispensing Power yet rode caper vitem may come to be again in season and a time may come in which the whole Party will have reason to wish that some hair-brained Jesuits had never been born who will rather expose them not only to the Resentments but even to the Justice of another season in which as little regard will be had to the Dispensing Power as they have to the Laws at present then accept of reasonable Propositions VII Our Author's Kindness to the States of Holland is very particular and returns often upon him and it is no wonder that a State setled upon two such Hinges as the Protestant Religion and publick Liberty should be no small Eye sore to those who intend to destroy both So that the slackning the Laws concerning Religion and the invading that State seem to be Terms that must always go together In the first War began the first slackning of them and after the Triple Alliance had laid the Dutch asleep when the second War was resolved on which began with that Heroical Attempt on the Smyrna Fleet for our Author will not have the late King's Actions to be forgotten at the same time the famous Declaration suspending the Laws in 1672. came out and now again with another Declaration to the same purpose we see a return of the same good Inclinations for the Dutch tho' none before our Author has ever ventured in a Book licensed by my Lord President of the Council to call that Constitution pag. 68. A Revolt that they made from their lawful Prince and to raise his stile to a more sublime Strain he says pag. 66. That their Commonwealth is only the Result of an absolute Rebellion Revolt and Defection from their Prince and that the Laws that they have made were to prevent any casual return to their natural Allegiance And speaking of their Obligation to protect a Naturalized Subject he bestows this Honour on them as to say pag. 57 58. Those that never yet dealt so fairly with Princes may be suspected for such a superfluous Faith to one that puts himself upon them for a Vassal Time will shew how far the States will resent these Injuries only it seems our Author thinks that a Soveraign's Faith to protect the Subject is a superfluous thing a Faith to Hereticks is another superfluous thing so that two Superfluities one upon another must be all that we are to trust to But I must take notice of the variety of Methods that these Gentlemen use in their Writings Here in England we are always upbraided with the Revolt of the Dutch as a scandalous Imputation on the Protestant Religion and yet in a late Paper entituled An Answer to Pensioner Fagel's Letter the Services that the Roman Catholicks did in the beginning of that Commonwealth are highly extolled as signal and meritorious upon which the Writer makes great Complaints That the Pacification of Gaunt and the Union at Utrecht by which the free Exercise of their Religion was to be continued to them was not observed in most of the Provinces But if he had taken pains to examine the History of the States he would have found that soon after the Union made at Utrecht the Treaty at Collen was set on foot between the King of Spain and the States by the Emperor's Mediation in which the Spaniars studied to divide the Roman Catholicks of these Provinces from the Protestants by offering a Confirmation of all the other Priviledges of these Provinces excepting only the Point of Religion which had so great an Effect that the Party of the Malcontents was formed upon it and these did quickly capitulate in the Walloon Provinces and after that not only Barbant and Flanders capitulated but Reenenburgh that was Governour of Groening declared for the King of Spain and by some Places that he took both in Friseland and Over-Issel he put these Provinces under Contribution Not long after that both Daventer and Zutphen were betrayed by Popish Governours and the War was thus brought within the Seven Provinces that had been before kept at a greater distance from them Thus it did appear almost every where that the hatred with which the Priests were inspiring the Roman Catholicks against the Protestants disposed them to betray all again to the Spanish Tyranny The new War that Reenenburgh's Treachery had brought into these Provinces changed so the State of Affairs that no wonder if this produced a change likewise with relation to that Religion since it appeared that these Revolts were carried on and justified upon the Principles of that Church and the general Hatred under which these Revolts brought the Roman Catholicks in those Out Provinces made the greater part of them to withdraw so that there were not left such numbers of them as to pretend to the free Exercise of their Religion But the War not having got into Holland and Utrecht and none of that Religion having revolted in those Provinces the Roman Catholicks continued still in the Country and tho' the ill Inclinations that they shewed made it necessary for the publick Safety to put them out of the Government yet they have still enjoyed the common Rights of the Country with the free Exercise of their Religion But it is plain that some men are only waiting an opportunity to renew the old Delenda est Carthago and that they think it is no small step to it to possess all the World with odious Impressions of the Dutch as a rebellious and perfidious State and if it were possible they would even make their own Roman Catholick Subjects fancy that they are persecuted by them But tho' men may be brought to believe
been among us and even to forget the Injuries that have been done us all that we do now one against another is to shorten the work of our Enemies by destroying one another which must in Conclusion turn to all our Ruin. It is a mad Man's Revenge to destroy our Friends that we may do a pleasure to our Enemies upon their giving us some good words and if the Dissenters can trust to Papists after the usage that the Church of England has met with at their Hands all the Comfort that they can promise themselves when Popery begins to act its natural part among us and to set Smithfield again in a Fire is that which befell some Quakers at Rome who were first put in the Inquisition but were afterwards removed to Bedlam so tho those false Brethren among the Dissenters who deceive them at present are certainly no Changlings but know well what they are doing yet those who can be cheated by them may well claim the priviledg of a Bedlam when their Folly has left them no other Retreat XI I will not digress too far from my present purpose nor enter into a discussion of the Dispensing Power which was so effectually overthrown the other day at the King's Bench Bar that I am sure all the Authority of the Bench it self is no more able to support it Yet some late Papers in favour of it give me occasion to add a little relating to that Point It is true the Assertor of the Dispensing Power who has lately appeared with Allowance pretends that it can only be applied to the Test for Publick Imployments for he owns that the Test for both Houses of Parliament is left entire as not within the compass of this extent of the Prerogative But another Writer whom by his Sense we must conclude an Irish Man by his Brow a Jesuit and by the bare designation in the Title Page of James Stewart's Letter a Quaker goes a strain higher and thinks the King is so absolutely the Sovereign as to the Legislative part of our Government that he may dissolve even the Parliament Test so nimbly has he leap'd from being a Secretary to a Rebellion to be an Advocate for Tyranny He fancies that because no Parliament can bind up another therefore they cannot limit the Preliminaries to a subsequen Parliament But upon what is it then that Counties have but two Knights and Burroughs as many that Men below such a value have no Vote that Sheriffs only receive Writs and return Elections besides many more necessary Requisites to the making a legal Parliament In short if Laws do not regulate the Election and Constitution of a Parliament all these things may be overthrown and the King may cast the whole Government in a new Mould as well as dissolve the Obligation that is on the Members of Parliament for taking the Test It is true that as soon as a Parliament is legally met and constituted it is tied by no Laws so far as not to repeal them But the Preliminaries to a Parliament are still Sacred as long as the Law stands that settled them for the Members are still in the quality of ordinary Subjects and not entred upon their share in the Legislative Power till they are constituted in a Parliament legally chosen and lawfully assembled that is having observed all the Requisites of the Law. But I leave that impudent Letter to return to the most modest Apology that has been yet writ for the Dispensing Power It yields that the King cannot abrogate Laws and pretends only that he can dispense with them And the distinction it puts between Abrogation and Dispensation is that the one is a total Repeal of the Law and that the other is only a slackning of its obligatory Force with Relation to a particular Man or to any Body of Men so that according to him a simple Abrogation or a total Repeal is beyond the compass of the Prerogative I desire then that this Doctrine may be applied to the following words of the Declaration from which the Reader may infer whether these do import a simple Abrogation or not and by Consequence if the Declaration is not Illegal We do hereby further declare that it is our Royal Will and Pleasure that the Oaths commonly called the Oaths of Supremacy and Allegiance and also the several Tests and Declarations shall not at any time hereafter be required to be taken declared or subscribed by any Person or Persons whatsoever who is or shall be imployed in any Office or Place of Trust either Civil or Military under us or in our Government This is plain English and needs no Commentary That Paper offers likewise an Expedient for securing Liberty of Conscience by which it will be set beyond even the Dispensing Power and that is that by Act of Parliament all Persecution may be declared to be a thing Evil in it self and then the Prerogative cannot reach it But unless this Author fancies that a Parliament is that which those of the Church of Rome believe a General Council to be I mean Infallible I do not see that such an Act would signify any thing at all An Act of Parliament cannot change the Nature of Things which are sullen and will not alter because a hard Word is clap'd on them in an Act of Parliament nor can that make that which is not Evil of it self become Evil of self For can any Act of Parliament make the Clipping of Mony or the not Burying in Wollen evil of it self Such an Act were indeed null of it self and would sink with its own weight even without the burden of the Prerogative to press it down and yet upon such a Sandy Foundation would these Men have us build all our Hopes and our Securities Another Topick like this is that we ought to trust to the Truth of our Religion and the Providence and Protection of God and not lean so much to Laws and Tests All this were very pertinent if God had not already given us humane Assurances against the Rage of our Enemies which we are now desired to abandon that so we may fall an easy and cheap Sacrifice to those who wait for the favourable Moment to destroy us By the same Reason they may perswade us to take off all our Doors or at least all our Locks and Bolts and to sleep in this exposed Condition trusting to God's Protection The Simily may appear a little too high though it is really short of the Matter for we had better trust our selves to all the Thieves and Robbers of the Town who would be perhaps contented with a part of our Goods than to those whose Designs are equally against both Soul and Body and all that is dear to us XII I will only add another Reflection upon the renewing of the Declaration this Year which has occasioned the present Storm upon the Clergy It is repeated to us that so we may see that the King continues firm to the Promises he made
in which we are and it is plain that the Rules serve in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doing and that he will both support us under our Suffering and gloriously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls under another Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Jews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Caesar but judged that they were only subject out of Fear by reason of the Force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government So that no general Considerations from Speculations about Soveraign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Libertits and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in virtue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no Wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Laws ever so many and so manifest And since this has been the constant Doctrine of the Church of
England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us we change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered 1. All general Words how large soever are still supposed to have a tacit Exception and Reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husband in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a Reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there sems to be a Contradiction between two Articles in the Constitution we ought to examine which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost Extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who made that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily importts this since if it is not according to Law it is no Commission and by Consequence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince clothed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annuls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchical Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Malversations as ought to be imputed only to humane Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next Thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it
Paganism had been still the Legal Religion notwithstanding its falshood and though the Truth of the Christian Religion is the only ground upon which we believe it yet it must become Legal as well as it is true before we can claim the Protection of the Law and the Government that has secured it to us so that to fight against Popery where that is the Establish'd Religion is as certainly a Sin as it is a Debt that we owe our Religion and Country to fight for the Protestant Religion when the Law is for it and illegal Violence is imployed to pull it down 6. The Reflector's Common-place-stuff with relation to the Dispensing Power has been so oft exposed that it scarce deserves a Review The Obligation of all Laws depends on the force of the Penalties against Trangressors so that the Dispensing with Penal Laws carries in it the Dispensing with all Laws whatsoever and by this Doctrine the whole Frame and Security of our Government is at the King's Discretion Nor will that distinction of malum in se and malum prohibitum save the matter unless all the World were agreed upon the point What things are evil of themselves and what not In the sense of a Papist all the Laws against their Religion are so far from being Obligatory of their own Nature that they are impious Attempts upon that Authority which they think infallible Therefore all the distinction that is offered to save us from the exorbitancy of this Dispensing Power as if it could not reach to things that are evil of themselves is of no force unless a measure were laid down in which both Protestants and Papists were agreed concerning things that are good or evil of themselves For instance Murther is allowed by all to be evil of it self yet if the Extirpation of Hereticks is a Duty incumbent on a Catholick King as we are sure it is then a Commission given to destroy us would be a justifiable Action and so the Laws against Murder and Manslaughter might in that case be dispensed with since the killing of Hereticks is by the Doctrine of Papists only Malum prohibitum and not malum in se 7. Our Author might have spar'd his Rhetorick how well soever he loads it upon the Head of Persecution and Liberty of Conscience if it had been but for this Reason that it discover'd too plainly who it was that wrote these Reflections which perhaps he may have e're long some Reasons to wish it were not so well known as he has taken pains to do by his luxuriant Stile All that can be said on this Head belongs very pertinently to the Consideration of a Parliament but is very improperly urged in favour of the bloodiest of all Persecutors who could not begin their breaking in upon our Laws and our Religion more dextrously than at this of Liberty of Conscience tho they themselves had been the Authors of all the Severities that had been acted among us and intended by this shew of Ease to bring us under all the Cruelties of an Inquisition which is one of the inseparable Perquisites of that bloody Religion 8. The greatest part of the Invasions made on our Government that are set forth in the Prince's Declaration are acknowledged to be such by our Reflector But he thinks they are now redressed The High Commission is at an end Magdalen Colledge is restor'd If the King had of his own motion and from a sense of the justice of the thing done all this while he apprehended no danger and if he had brought the Authors of those Pernicious Councils to condign Punishment then it had been more reasonable to value those Acts of Justice by which the former Violences had been in some measure repaired but what is done in the present Circumstances shews only a meanness of Spirit and a feebleness in the Government And some Mens Tempers are too well known to suffer us once to doubt of their returning back to all their former Violences and of their carrying them on to greater Excesses if God for the sins of the Nation should blast this Glorious Undertaking And if the Charters are now restor'd we know by the Proceedings of the late Regulators of Corporations that it was far from their thoughts but a little while ago so that this is likewise an effect of the present Fear they are under and it shews that after all their Huffings during their Prosperity they sink under Dangers as much as others whose Memory they are so careful to blemish how much soever they are beholden to them It is here said that most of the Charters were taken away in the late King's time But as it is well known under whose Influence the last years of the late Reign were conducted so the limiting the Elections to a speical number contrary to Custom and Prescription was the Invention of the present Reign 9. But if the Reflector will not justify every thing that the Government has done and thinks the present state of things could hardly bear so gross an Abuse yet he insists often upon this that these Illegal things were fit for the Consideration and the Redress of a Parliament and that they do not justify the Prince of Orange's Attempt But the Prince's Design is only to see a Free Parliament Chosen and Assembled according to Law. For our Author and his Complices for he reckons himself in the Ministry § 23. when he names the things objected against the Ministry as objected against us had taken such care to keep off a Parliament and to overturn all Corporations to corrupt all Elections and to provide for false Returns by Popish Sheriffs and Mayors that we were out of all hopes or rather out of a possibility of ever seeing a Free Parliament again so that any nearer Prospect that we now have of one is wholly owing to the Prince's Undertaking and indeed what is given us at present is done with so ill a Grace and the Popish and corrupt Ministry is still preserved and cherished with so particular a Confidence that they seem to have a mind to make the Nation see that all is done so grosly that those who are cheated by it will have no excuse for their Folly since the trick is acted with too bare a face to pass on any 10. The Reflector thinks that the Prince ought to have complained to the King of these Abuses though in other places of this Paper he pretends that the Prince was not a proper Judg in those Matters he aggravates the Prince's breaking with an Uncle and a father-in-Father-in-Law without warning given Indeed if this were the Case all that could be said upon it was that he had copied from the Pattern that was set him in 1672 in that famous Attempt on the Sinirna Fleet What Complaints the Prince made or what encouragement he had to make any and how they were entertain'd and answer'd are domestick matters of which the World knows little since all that has appear'd in publick was
Dr. Burnet's PAPERS THere have been so many Papers given out for mine which are not that in order to the preventing of Mistakes of that kind I have given Directions for the Publishing of this COLLECTION which contains none but those that were writ by me in single Sheets and are now put together by my Order G. BURNET A COLLECTION OF EIGHTEEN PAPERS Relating to the AFFAIRS OF Church State During the Reign of King JAMES the Second Seventeen whereof written in Holland and first printed there By GILBERT BURNET D. D. Licensed and Entred according to Order Reprinted at London for John Starkey and Richard Chiswell 1689. THE CONTENTS Of the following PAPERS REasons against the repealing the Acts of Parliament concerning the Test Humbly offered to the Consideration of the Members of both Houses at their next Meeting on the twenty eighth of April 1687. Pag. 1 Some Reflections on His Majesties Proclamation of the Twelfth of February 1686 / 7. for a Toleration in Scotland Together with the said Proclamation p. 10 A Letter containing some Reflections on His Majesties Declaration for Liberty of Conscience dated the Fourth of April 1687. p. 25 An Answer to Mr. Henry Payne's Letter concerning His Majesties Declaration of Indulgence writ to the Author of the Letter to a Dissenter p. 38. An Answer to a Paper printed with allowance entitled A New Test of the Church of England 's Loyalty p. 45 The Earl of Melfort's Letter to the Presbyterian Ministers in Scotland writ in His Majesties Name upon their Address Together with sowe Remarks upon it p. 56 Reflections on a Pamphlet entitled Parliamentum Pacificum licensed by the Earl of Sunderland and printed at London in March 1688. p. 65 An Apology for the Church of England with relation to the Spirit of Persecution for which she is accused p. 83 Some Extracts out of Mr. James Stewart's Letters which were communicated to Mijn Heer Fagal the States Pensioner of the Province of Holland Together with some References to Master Stewart's printed Letter p. 97 An Edict in the Roman Law in the twenty fifth Book of the Digests Title 4. Sect. 10. as concerning the visiting of a Big-bellied-Woman and the looking after what may be born by her p. 110 An Enquiry into the Measures of Submission to the Supreme Authority and of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties p. 119 A Review of the Reflections on the Prince of Orange's Declaration p. 133 The Citation of Gilbert Burnet D. D. to answer in Scotland on the Twenty seventh of June Old Stile for High Treason Together with his Answer And Three Letters writ by him upon that Subject to the Right Honourable the Earl of Middletoun His Majesty's Secretary of State. p. 145 Dr. Burnet's Vinication of himself from the Calumnies with which he is aspersed in a Pamphlet entitled Parliamentum Pacificum Licensed by the Earl of Sunderland and printed at London in March 1688. p. 172 A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles the Second concerning Religion p. 188 An Enquiry into the Reasons for abrogating the Test imposed on all Members of Parliament offered by Sa. Oxon. p. 200 A Second Part of the Enquiry into the Reasons offered by Sa. Oxon for abrogating the Test Or an Answer to his Plea for Transubstantiation and for acquitting the Church of Rome of Idolatry p. 215 A Continuation of the Second Part of the Enquiry into the Reasons offered by Sa. Oxon for the abrogating of the Test relating to the Idolatry of the Church of Rome p. 229 REASONS Against the Repealing the ACTS of PARLIAMENT Concerning the TEST Humbly offered to the Consideration of the MEMBERS of BOTH HOUSES at their next Meeting on the Twenty eighth of April 1687. I. IF the just Apprehensions of the Danger of Popery gave the Birth to the two Laws for the two Tests the one with relation to all Publick Employments in 73. and the other with relation to the Constitution of our Parliaments for the future in 78. the present Time and Conjuncture does not seem so proper for repealing them unless it can be imagined that the danger of Popery is now so much less than it was formerly that we need be no more on our guard against it We had a King when these Laws were enacted who as he declared himself to be of the Church of England by receiving the Sacrament four times a Year in it so in all his Speeches to his Parliaments and in all his Declarations to his Subjects he repeated the Assurances of his Firmness to the Protestant Religion so solemnly and frequently that if the saying a thing often gives just reason to believe it we had as much reason as ever People had to depend upon him and yet for all that it was thought necessary to fortifie those Assurances with Laws and it is not easie to imagine why we should throw away those when we have a Prince that is not only of another Religion himself but that has expressed so much steadiness in it and so much zeal for it that one would think we should rather now seek a further Security than throw away that which we already have II. Our King has given such Testimonies of his Zeal for his Religion that we see among all his other Royal Qualities there is none for which he desires and deserves to be so much admired Since even the Passion of Glory of making himself the Terrour of all Europe and the Arbiter of Christendom which as it is natural to all Princes so must it be most particularly so to one of his Martial and Noble Temper yields to his Zeal for his Church and that he in whom we might have hoped to see our Edward the Third or our Henry the Fifth revived chuses rather to merit the heightning his degree of Glory in another World than to acquire all the Lawrels and Conquests that this low and vile World can give him and that in stead of making himself a Terrour to all his Neighbours he is contented with the humble Glory of being a Terrour to his own People so that in stead of the great Figure which this Reign might make in the World all the News of England is now only concerning the Practices on some fearful Mercenaries These things shew that his Majesty is so possessed with his Religion that this cannot suffer us to think that there is at present no danger from Popery III. It does not appear by what we see either abroad or at home that Popery has so changed its nature that we have less reason to be afraid of it at present than we had in former times It might be thought ill nature to go so far back as to the Councils of the Lateran that decreed the Extirpation of Hereticks with severe Sanctions on those Princes that failed in their Duty of being the Hangmen of the Inquisitors or to
the Council of Constance that decreed That Princes were not bound to keep their Faith to Hereticks tho' it must be acknowledged that we have extraordinary Memories if we can forget such things and more extraordinary Understandings if we do not make some Inferences from them I will not stand upon such inconsiderable Trifles as the Gunpowder-Plot or the Massacre of Ireland but I will take the liberty to reflect a little on what that Church has done since those Laws were made to give us kinder and softer thoughts of them and to make us the less apprehensive of them We see before our eyes what they have done and are still doing in France and what feeble things Edicts Coronation Oaths Laws and Promises repeated over and over again prove to be where that Religion prevails and Louis le Grand makes not so contemptible a Figure in that Church or in our Court as to make us think that his Example may not be proposed as a Pattern as well as his Aid may be offered for an Encouragement to act the same things in England that he is now doing with so much applause in France and it may be perhaps the rather desired from hence to put him a little in countenance when so great a King as ours is willing to forget himself so far as to copy after him and to depend upon him so that as the Doctrine and Principles of that Church must be still the same in all Ages and Places since its chief pretention is that it is infallible it is no unreasonable thing for us to be afraid of those who will be easily induced to burn us a little here when they are told that such fervent Zeal will save them a more lasting burning hereafter and will perhaps quit all scores so entirely that they may hope scarce to endure a Singing in Purgatory for all their other Sins IV. If the severest Order of the Church of Rome that has breathed out nothing but Fire and Blood since its first formation and that is even decried at Rome it self for its Violence is in such credit here I do not see any inducement from thence to persuade us to look on the Councils that are directed by that Society as such harmless and inoffensive things that we need be no more on our guard against them I know not why we may not apprehend as much from Father Petre as the French have felt from Pere de la Chaise since all the difference that is observed to be between them is that the English Jesuit has much more Fire and Passion and much less Conduct and Judgment than the French has And when Rome has expressed so great a Jealousie of the Interest that that Order had in our Councils that F. Morgan who was thought to influence our Ambassadour was ordered to leave Rome I do not see why England should look so tamely on them No reason can be given why Card. Howard should be shut out of all their Councils unless it be that the Nobleness of his Birth and the Gentleness of his Temper are too hard even for his Religion and his Purple to be mastered by them And it is a Contradiction that nothing but a Belief capable of receiving Transubstantiation can reconcile to see Men pretend to observe Law and yet to find at the same time an Ambassadour from England at Rome when there are so many Laws in our Book of Statutes never yet repealed that have declared over and over again all Commerce with the Court and See of Rome to be High Treason V. The late famous Judgment of our Judges who knowing no other way to make their Names immortal have found an effectual one to preserve them from being ever forgot seems to call for another Method of Proceeding The President they have set must be fatal either to them or us For if twelve Men that get into Scarlet and Furs have an Authority to dissolve all our Laws the English Government is to be hereafter lookt at with as much scorn as it has hitherto drawn admiration That doubtful Words of Laws made so long ago that the Intention of the Lawgivers is not certainly known must be expounded by the Judges is not to be questioned but to infer from thence that the plain Words of a Law so lately made and that was so vigorously asserted by the present Parliament may be made void by a Decision of theirs after so much Practice upon them is just as reasonable a way of arguing as theirs is who because the Church of England acknowledges that the Chuurch has a Power in Matters of Rites and Ceremonies will from thence conclude that this Power must go so far that tho' Christ has said of the Cup Drink ye all of it we must obey the Church when she decrees that we shall not drink of it Our Judges for the greater part were Men that had past their Lives in so much Retirement that from thence one might have hoped that they had studied our Law well since the Bar had called them so seldom from their Studies and if Practice is thought often hurtful to Speculation as that which disorders and hurries the Judgment they who had practised so little in our Law had no byass on their Understandings and if the habit of taking Money as a Lawyer is a dangerous Preparation for one that is to be an incorrupt Judge they should have been incorruptible since it is not thought that the greater part of them got ever so much Money by their Profession as paid for their Furs In short we now see how they have merited their Preferment and they may yet expect a further Exaltation when the Justice and the Laws of England come to be in Hands that will be as careful to preserve them as they have been to destroy them But what an Infamy will it lay upon the Name of an English Parliament if instead of calling those Betrayers of their Country to an account they should go by an after-game to confirm what these Fellows have done VI. The late Conferences with so many Members of both Houses will give such an ill-natured piece of Jealousie against them that of all Persons living that are the most concern'd to take care how they give their Votes the World will believe that Threatnings and Promises had as large a share in those secret Conversations as Reasoning or Persuasion and it must be a more than ordinary degree of Zeal and Courage in them that must take off the Blot of being sent for and spoke to on such a Subject and in such a manner The worthy Behaviour of the Members in the last Session had made the Nation unwilling to remember the Errors committed in the first Election and it is to be hoped that they will not give any cause for the future to call that to mind For if a Parliament that had so many Flaws in its first Conception goes to repeal Laws that we are sure were made by Legal Parliaments it will
put the Nation on an Enquiry that nothing but necessity will drive them to For a Nation may be laid asleep and be a little cheated but when it is awakened and sees its danger it will not look on and see a Rape made on its Religion and Liberties without examining From whence have these Men this Authority They will hardly find that it is of Men and they will not believe that it is of God. But it is to be hoped that there will be no occasion given for this angry Question which is much easier made than answered VII If all that were now asked in favour of Popery were only some Gentleness towards the Papists there were some reason to entertain the Debate when the Demand were a little more modest If Men were to be attainted of Treason for being reconciled to the Church of Rome or for reconciling others to it If Priests were demanded to be hanged for taking Orders in the Church of Rome and if the two thirds of the Papists Estates were offered to be levied it were a very natural thing to see them uneasie and restless but now the matter is more barefaced they are not contented to live at ease and enjoy their Estates but they must carry all before them and F. Petre cannot be at quiet unless he makes as great a Figure in our Court as Pere de la Chaise does at Versailles A Cessation of all Severities against them is that to which the Nation would more easily submit but it is their Behaviour that must create them the continuance of the like Compassion in another Reign If a restless and a persecuting Spirit were not inherent in that Order that has now the Ascendant they would have behaved themselves so decently under their present Advantages as to have made our Divines that have charged them so heavily look a little out of countenance and this would have wrought more on the good Nature of the Nation and the Princely Nobleness of the Successors whom we have in view than those Arts of Craft and Violence to which we see their Tempers carry them even so early before it is yet time to shew themselves The Temper of the English Nation the Heroical Vertues of those whom we have in our Eyes but above all our most holy Religion which instead of Revenge and Cruelty inspires us with Charity and Mercy even for Enemies are all such things as may take from the Gentlemen of that Religion all sad Apprehensions unless they raise a Storm against themselves and provoke the Justice of the Nation to such a degree that the Successors may find it necessary to be just even when their own Inclinations would rather carry them to shew Mercy In short they need fear nothing but what they create to themselves so that all this stir that they keep for their own Safety looks too like the securing to themselves Pardons for the Crimes that they intend to commit VIII I know it is objected as no small Prejudice against these Laws That the very making of them discovered a particular Malignity against His Majesty and therefore it is ill Manners to speak for them The first had perhaps an Eye at his being then Admiral and the last was possibly levelled at him tho' when that was discovered he was excepted out of it by a special Proviso And as for that which past in 73 I hope it is not forgot that it was enacted by that Loyal Parliament that had setled both the Prerogative of the Crown and the Rites of the Church and that had given the King more Money than all the Parliaments of England had ever done in all former Times A Parliament that had indeed some Disputes with the King but upon the first Step that he made with relation to Religion or Safety they shewed how ready they were to forget all that was past as appeared by their Behaviour after the Triple Alliance And in 73 tho' they had great cause given them to dislike the Dutch War especially the strange beginning of it upon the Smyrna Fleet and the stopping the Exchequer the Declaration for Toleration and the Writs for the Members of the House were Matters of hard Digestion yet no sooner did the King give them this new Assurance for their Religion then tho' they had very great Reasons given them to be jealous of the War yet since the King was engaged they gave him 1200000 Pounds for carrying it on and they thought they had no ill Peniworths for their Money when they carried home with them to their Countries this new Security for their Religion which we are desired now to throw up and which the Reverend Judges have already thrown out as a Law out of date If this had carried in it any new piece of Severity their Complaints might be just but they are extream tender if they are so uneasie under a Law that only gives them Leisure and Opportunities to live at home And the last Test which was intended only for shutting them out from a share in the Legislative Body appears to be so just that one is rather amased to find that it was so long a doing than that it was done at last and since it is done it is a great presumption on our Understandings to think that we should be willing to part with it If it was not sooner done it was because there was not such cause given for Jealousie to work upon but what has appeared since that time and what has been printed in his late Majesty's Name shews the World now that the Jealousies which occasioned those Laws were not so ill grounded as some well-meaning Men perhaps then believed them to be But there are some Times in which all Mens Eyes come to be opened IX I am told some think it is very indecent to have a Test for our Parliaments in which the King's Religion is accused of Idolatry but if this Reason is good in this Particular it will be full as good against several of the Articles of our Church and many of the Homilies If the Church and Religion of this Nation is so formed by Law that the King's Religion is declared over and over again to be Idolatrous what help is there for it It is no other than it was when His Majesty was Crowned and Swore to maintain our Laws I hope none will be wanting in all possible Respect to His Sacred Person and as we ought to be infinitely sorry to find him engaged in a Religion which we must believe Idolatrous so we are far from the ill Manners of reflecting on his Person or calling him an Idolater for as every Man that reports a Lie is not for that to be called a Liar so tho' the ordering the Intention and the prejudice of a Mispersuasion are such Abatements that we will not rashly take on us to call every Man of the Church of Rome an Idolater yet on the other hand we can never lay down our Charge against the Church
I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c is rightful King and Supream Governour of these Realms and over all Persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose his Authority to his Person as I shall answer to God but shall to the utmost of my Power Assist Defend and Maintain Him His Heirs and lawful Successors in the exercise of their ABSOLUTE POWER and Authority against all Deadly So help me God. And seeing many of Our good Subjects have before Our Pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy Give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or Our Council Actions done or generally any thing performed or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murders Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And we command and require all Our Judges or others concerned to explain this in the most Ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all Pains and Penalties due for hearing or Preaching in Houses Providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present Providing also that they Reveal to any of our Gouncil the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceding the Publication of these Presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all occasions in their respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer violence to be offered to any Mans Conscience nor will We use force or Invincible Necessity against any Man on the Account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Ministers in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their Protestant Religion in the Churches And that We will and hereby Promise on Our Royal Word to maintain the Possessors of Church Lands formerly belonging to Abbeys or other Churches of the Catholick Religion in their full and free Possession and Right according to Our Laws and Acts of Parliament in that behalf in all time coming And We will employ indifferently all our Subjects of all Perswasions so as none shall meet with any Discouragement on the account of his Religion but be advanced and esteemed by Us according to their several Capacities and Qualifications so long as we find Charity and Unity maintained And if any Animosities shall arise as We hope in God there will not We will shew the severest Effects of Our Royal Displeasure against the Beginners or Fomenters thereof seeing thereby Our Subjects may be deprived of this general Ease and Satisfaction We intend to all of them whose Happiness Prosperity Wealth and Safety is so much Our Royal Care that we will leave nothing undone which may procure these Blessings for them And lastly to the End all Our good Subjects may have Notice of this Our Royal Will and Pleasure we do hereby command Our Lyon King at Arms and his Brethren Heraulds Macers Pursevants and Messengers at Arms to make Proclamation thereof at the Mercat Cross of Edinburgh And besides the Printing and Publishing of this Our Royal Proclamation it is Our express Will and Pleasure that the same be past under the great Seal of that Our Kingdom per saltum ☞ without passing any other Seal or Register In Order whereunto this shall be to the Directors of Our Chancellary and their Deputies for writing the same and to Our Chancellor for causing Our Great Seal aforesaid to be appended thereunto a sufficient Warrand Given at Our Court at Whitehal the twelfth day of Febr. 1686 / 7. And of Our Reign the third year By His Majesties Command MELFORT GOD SAVE THE KING A LETTER Containing some REFLECTIONS On His MAJESTY's DECLARATION FOR LIBERTY of CONSCIENCE Dated the Fourth of April 1687. SIR I. I Thank you for the Favour of sending me the late Declaration that His Majesty has granted for Liberty of Conscience I confess I longed for it with great Impatience and was surprised to find it so different from the Scotch Pattern for I imagined that it was to be set to the Second Part of the same Tune nor can I see why the Penners of this have sunk so much in their Style for I suppose the same Men penned both I expected to have seen the Imperial Language of Absolute Power to which all the Subjects are to obey without Reserve and of the cassing annulling the stopping and disabling of Laws set forth in the Preamble and Body of this Declaration whereas those dreadful Words are not to be found here for in stead of repealing the Laws His Majesty pretends by this only to suspend them and tho' in effect this amounts to a Repeal yet it must be confessed that the Words are softer Now since the Absolute Power to which His Majesty pretends in Scotland is not founded on such poor things as Law for that would look as if it were the Gift of the People but on the Divine Authority which is supposed to be delegated to His Majesty this may be as well claimed in England as it
Establishment that our Religion has by Law so it is the main body of the Nation and all the Sects are but small and stragling Parties and if the legal Settlement of the Church is dissolved and that Body is once broken these lesser Bodies will be all at mercy and it is an easie thing to define what the Mercies of the Church of Rome are XIII But tho' it must be confessed that the Nonconformists are still under some Temptations to receive every thing that gives them present ease with a little too much kindness since they lie exposed to many severe Laws of which they have of late felt the weight very heavily and as they are men and some of them as ill-natured men as other People so it is no wonder if upon the first Surprises of the Declaration they are a little delighted to see the Church of England after all its Services and Submissions to the Court so much mortified by it so that taking all together it will not be strange if they commit some Follies upon this occasion Yet on the other hand it passes all imagination to see some of the Church of England especially those whose Natures we know are so particularly sharpned in the point of Persecution chiefly when it is levelled against the Dissenters rejoyce at this Declaration and make Addresses upon it It is hard to think that they have attained to so high a pitch of Christian Charity as to thank those who do now despitefully use them and that as an earnest that within a little while they will persecute them This will be an Original and a Master-piece in Flattery which must needs draw the last degrees of Contempt on such as are capable of so abject and sordid a compliance and that not only from all the true Members of the Church of England but likewise from those of the Church of Rome it self for every man is apt to esteem an Enemy that is brave even in his Misfortunes as much as he despises those whose minds sink with their Condition For what is it that these men would thank the King Is it because he breaks those Laws that are made in their favour and for their Protection and is now striking at the Root of all the legal Settlement that they have for their Religion Or is it because that at the same time that the King professes a Religion that condemns his Supremacy yet he is not contented with the Exercise of it as it is warranted by Law but carries it so far as to erect a Court contrary to the express words of a Law that was so lately made That Court takes care to maintain a due proportion between their Constitution and all their Proceedings that so all may be of a piece and all equally contrary to Law. They have suspended one Bishop only because he would not do that which was not in his power to do for since there is no Extrajudiciary Authority in England a Bishop can no more proceed to a Sentence of Suspension against a Clergy man without a Trial and the hearing of Parties than a Judge can give a Sentence in his Chamber without an Indictment a Trial or a Jury and because one of the Greatest Bodies of England would not break their Oaths and obey a Mandate that plainly contradicted them we see to what a pitch this is like to be carried I will not anticipate upon this illegal Court to tell what Judgments are coming but without carrying our Jealousies too far one may safely conclude that they will never depart so far from their first Institution as to have any regard either to our Religion or our Laws or Liberties in any thing they do If all this were acted by avowed Papists as we are sure it is projected by such there were nothing extraordinary in it but that which carries our Indignation a little too far to be easily governed is to see some pretended Protestants and a few Bishops among those that are the fatal Instruments of pulling down the Church of England and that those Mercenaries sacrifice their Religion and their Church to their Ambition and Interests this has such peculiar Characters of Misfortune upon it that it seems it is not enough if we perish without Pity since we fall by that hand that we have so much supported and fortified but we must become the Scorn of all the World since we have produced such an unnatural Brood that even while they are pretending to be the Sons of the Church of England are cutting their Mother's Throat and not content with Judas's Crime of saying Hail Master and kissing him while they are betraying him into the hands of others these carry their Wickedness further and say Hail Mother and then they themselves Murther her If after all this we were called on to bear this as Christians and to suffer it as Subjects if we were required in Patience to possess our own Souls and to be in Charity with our Enemies and which is more to forgive our False-Brethren who add Treachery to their Hatred The Exhortation were seasonable and indeed a little necessary for human Nature cannot easily take down things of such a hard digestion but to tell us that We must make Addresses and offer Thanks for all this is to insult a little too much upon us in our Sufferings And he that can believe that a dry and cautiously worded Promise of maintaining the Church of England will be religiously observed after all that we have seen and is upon that carried so far out of his Wits as to Address and give Thanks and will believe still such a man has nothing to excuse him from believing Transubstantiation it self for it is plain that he can bring himself to believe even when the thing is contrary to the clearest Evidence that his Senses can give him Si populus hic vult decipi decipiatur POSCRIPT THese Reflections were writ soon after the Declaration came to my Hands but the Matter of them was so tender and the Conveyance of them to the Press was so uneasie that they appear now too late to have one Effect that was designed by them which was the diverting Men from making Addresses upon it yet if what is here proposed makes Men become so far wise as to be ashamed of what they have done and is a means to keep them from carrying their Courtship further than good Words this Paper will not come too late AN ANSWER TO Mr. HENRY PAYNE's LETTER Concerning His MAJESTY's DECLARATION OF INDULGENCE Writ to the Author of The LETTER to a DISSENTER Mr. PAYNE I Cannot hold asking you how much Money you had from the Writer of the Paper which you pretend to Answer For as you have the Character of a Man that deals with both Hands so this is writ in such a manner as to make one think you were hired to it by the Adverse Party But it has been indeed so ordinary to your Friends to write in this manner of late
high had more Heat than Decency in it And indeed all this was so very extraordinary that if She was not acted by a Principle of Conscience She could make no Excuse for her Conduct There appeared such peculiar Marks of Affection and Heartiness at every time that the Duke was named whether in drinking his Health or upon graver Occasions that it seemed affected And when the late King himself whose Word they took that he was a Protestant was spoke of but coldly the very Name of the Duke set her Children all on fire this made many conclude that they were ready to sacrifice all to him for indeed their Behaviour was inflamed with so much Heat that the greater part of the Nation believed they waited for a fit opportunity to declare themselves Faith in Jesus Christ was not a more frequent Subject of the Sermons of many than Loyalty and the Right of the Succession to the Crown the Heat that appeared in the Pulpit and the Learning that was in their Books on these Subjects and the Eloquent Strains that were in their Addresses were all Originals and made the World conclude That whatever might be laid to their charge they should never be accused of any want of Loyalty at least in this King's time while the remembrance of so signal a Service was so fresh When His Majesty came to the Crown these men did so entirely depend on the Promise that he made to maintain the Church of England that the doubting of the performance appeared to them the worst sort of Infidelity They believed that in His Majesty the Hero and the King would be too strong for the Papist and when any one told them How weak a tie the Faith of a Catholick to Hereticks must needs be they could not hearken to this with any patience but looked on his Majesties Promise as a thing so Sacred that they imploy'd their Interest to carry all Elections of Parliament-men for those that were recommended by the Court with so much Vigour that it laid them open to much Censure In Parliament they moved for no Laws to secure their Religion but assuring themselves that Honour was the King's Idol they laid hold on it and fancied that a publick reliance on his Word would give them an Interest in His Majesty that was Generous and more sutable to the Nobleness of a Princely Nature than any new Laws could be so that they acquiesced in it and gave the King a vast Revenue for life In the Rebellion that followed they shewed with what Zeal they adhered to His Majesty even against a Pretender that declared for them And in the Session of Parliament which came after that they shewed their disposition to assist the King with new Supplies and were willing to excuse and indemnifie all that was past only they desired with all possible Modesty that the Laws which His Majesty had both Promised and at his Coronation had Sworn to maintain might be executed Here is their Crime which has raised all this Out cry they did not move for the Execution of Severe or Penal Laws but were willing to let those sleep till it might appear by the behaviour of the Papists whether they might deserve that there should be any Mitigation made of them in their Favour Since that time our Church men have been constant in mixing their Zeal for their Religion against Popery with a Zeal for Loyalty against Rebellion because they think these two are very well consistent one with another It is true they have generally expressed an unwillingness to part with the two Tests because they have no mind to trust the keeping of their Throats to those who they believe will cut them And they have seen nothing in the Conduct of the Papists either within or without the Kingdom to make them grow weary of the Laws for their sakes and the same Principle of common Sense which makes it so hard for them to believe Transubstantiation makes them conclude That the Author of this Paper and his Friends are no other than what they hear and see and know them to be II. One Instance in which the Church of England shewed her Submission to the Court was that as soon as the Nonconformists had drawn a new Storm upon themselves by their medling in the matter of the Exclusion many of her zealous Members went into that Prosecution of them which the Court set on foot with more Heat than was perhaps either justifiable in it self or reasonable in those Circumstances but how censurable soever some angry men may be it is somewhat strange to see those of the Church of Rome blame us for it which has decreed such unrelenting Severities against all that differ from her and has enacted that not only in Parliaments but even in General Councils It must needs sound odly to hear the Sons of a Church that must destroy all others as soon as it can compass it yet complain of the Excesses of Fines and Imprisonments that have been of late among us But if this Reproach seems a little strange when it is in the Mouth of a Papist it is yet much more provoking when it comes from any of the Court. Were not all the Orders for the late Severity sent from thence Did not the Judges in every Circuit and the Favourite Justices of Peace in every Sessions imploy all their Eloquence on this Subject The Directions that were given to the Justices and the Grand Juries were all repeated Aggravations of this Matter and a little Ordinary Lawyer without any other visible Merit but an outragious Fury in those Matters on which he has chiefly valued himself was of a sudden taken into His Majesties special Favour and raised up to the Highest Posts of the Law. All these things led some of our Obedient Clergy to look on it as a piece of their Duty to the King to encourage that Severity of which the Court seemed so fond that almost all People thought they had set it up for a Maxim from which they would never depart I will not pretend to excuse all that has been done of late years but it is certain that the most crying Severities have been acted by Persons that were raised up to be Judges and Magistrates for that very end they were Instructed Trusted and Rewarded for it both in the last and under the present Reign Church Preferments were distributed rather as Recompences of this devouring Zeal than of a real Merit and men of more moderate Tempers were not only ill lookt at but ill used So that it is in it self very unreasonable to throw the load of the late Rigour on the Church of England without distinction but it is worse than in good manners it is fit to call it if this Reproach comes from the Court. And it is somewhat unbecoming to see that which was set on at one time disowned at another while yet he that was the Chief Instrument in it is still in so high a Post and begins
now to treat the Men of the Church of England with the same Brutal Excesses that he bestowed so lately and so liberally on the Dissenters as if his Design were to render himself equally odious to all Mankind III. The Church of England may justly expostulate when she is treated as Seditious after she has rendred the highest Services to the Civil Authority that any Church now on Earth has done She has beaten down all the Principles of Rebellion with more Force and Learning than any Body of men has ever yet done and has run the hazard of enraging her Enemies and losing her Friends even for those from whom the more Learned of her Members knew well what they might expect And since our Author likes the figure of a Snake in ones Bosome so well I could tell him that according to the Apologue we took up and sheltered an Interest that was almost dead and by that warmth gave it life which yet now with the Snake in the Bosome is like to bite us to death We do not say we are the only Church that has Principles of Loyalty but this we may say That we are the Church in the World that carries them the highest as we know a Church that of all others sinks them them the lowest We do not pretend that we are Inerrable in this Point but acknowledge that some of our Clergy miscarried in it upon King Edward's Death Yet at the same time others of our Communion adhered more steadily to their Loyalty in favour of Queen Mary than She did to the Promises that she made to them Upon this Subject our Author by his false Quotation of History forces me to set the Reader right which if it proves to the disadvantage of his Cause his Friends may thank him for it I will not enter into so tedious a Digression as the justifying Queen Elizabeth's being Legitimate and the throwing the Bastardy on Queen Mary must carry me to this I will only say That it was made out that according to the best sort of Arguments used by the Church of Rome I mean the constant Tradition of all Ages King Henry the VIII marrying with Queen Katherine was Incestuous and by Consequence Queen Mary was the Bastard and Queen Elizabeth was the Legitimate Issue But our Author not satisfied with defaming Queen Elizabeth tells us that the Church of England was no sooner set up by her than She Enacted those Bloody Cannibal Laws to Hang Draw and Quarter the Priests of the living God. But since these Laws disturb him so much What does he think of the Laws of Burning the poor Servants of the living God because they cannot give Divine Worship to that which they believe to be only a Piece of Bread The Representation he gives of this part of our History is so false that tho' upon Queen Elizabeth's coming to the Crown there were many Complaints exhibited of the illegal Violences that Bonner and other Butchers had committed yet all these were stifled and no Penal Laws were enacted against those of that Religion The Popish Clergy were indeed turned out but they were well used and had Pensions assigned them so ready was the Queen and our Church to forgive what was past and to shew all Gentleness for the future During the first thirteen years of her Reign matters went on calmly without any sort of Severity on the account of Religion But then the restless Spirit of that Party began to throw the Nation into violent Convulsions The Pope deposed the Queen and and one of the Party had the Impudence to post up the Bull in London upon this followed several Rebellions both in England and Ireland and the Papists of both Kingdoms entred into Confederacies with the King of Spain and the Court of Rome The Priests disposed all the People that depended on them to submit to the Pope's Authority in that Deposition and to reject the Queen's These Endeavours besides open Rebellions produced many secret Practices against her Life All these things gave the rise to the severe Laws which began not to be enacted before the twentieth year of her Reign A War was formed by the Bull of Deposition between the Queen and the Court of Rome so it was a necessary piece of Precaution to declare all those to be Traitors who were the Missionaries of that Authority which had stript the Queen of hers Yet those Laws were not executed upon some Secular Priests who had the Honesty to condemn the Deposing Doctrine As for the Unhappy Death of the Queen of Scotland it was brought on by the wicked Practices of her own Party who fatally involved her in some of them She was but a Subject here in England and if the Queen took a more violent way than was decent for her own Security here was no Disloyalty nor Rebellion in the Church of England which owed her no sort of Allegiance IV. I do not pretend that the Church of England has any great cause to value her self upon her Fidelity to King Charles the First tho' our Author would have it pass for the only thing of which She can boast for I confess the cause of the Church was so twisted with the King 's that Interest and Duty went together tho' I will not go so far as our Author who says that the Law of Nature dictates to every Individual to fight in his own Defence This is too bold a thing to be delivered so crudely at this time The Laws of Nature are perpetual and can never be cancelled by any special Law So if these Gentlemen own so freely that this is a Law of Nature they had best take care not to provoke Nature too much lest She fly to the Relief that this Law may give her unless she is restrained by the Loyalty of our Church Our Author values his Party much upon their Loyalty to King Charles the First But I must take the liberty to ask him of what Religion were the Irish Rebels and what sort of Loyalty was it that they shewed either in the first Massacre or in the Progress of that Rebellion Their Messages to the Pope to the Court of France and to the Duke of Lorrain offering themselves to any of these that would have undertaken to protect them are Acts of Loyalty which the Church of England is no way inclined to follow and the authentical Proofs of these things are ready to be produced Nor need I add to this the hard terms they offered to the King and their ill usage of those whom he imployed I could likewise repress the Insolence of this Writer by telling him of the slavish Submissions that their Party made to Cromwel both Father and Son. As for their adhering to King Charles the First there is a peculiar boldness in our Author's Assertion who says That they had no Hope nor Interest in that cause The State of that Court is not so quite forgot but that we do well remember what Credit the Queen had
be of a short continuance He in the next place mentions the Liberty or Toleration granted by the King. Liberty is not so hard a Word but that it might be understood without this Explanation or Toleration unless the Secretary Stile either approaches to the Notary-Stile in some nauseous Repetitions or that he would intimate by this That all the Liberty that is left the Subjects is comprehended in this Toleration And indeed after Absolute Power was once asserted is was never fit to name Liberty without some Restriction After this comes a stately Period The Enemies to Him to You and to this Toleration Yet I should be sorry if it were true for I hope there are many Enemies to this Toleration who are neither Enemies to the King nor to these Addressers and that on the contrary they are Enemies to it because they are the best Friends that both the King and the People have It is now no secret that tho' both the Prince and Princess of Orange are great Enemies to Persecution and in particular to all Rigour against the Presbyterians yet they are not satisfied with the way in which this Toleration is granted But the reckoning of them as Enemies either to the King or the People is one of the Figures of this Stile that will hardly pass and some will not stick to say that the Writer of this Letter has with this dash of his Pen declared more Men Eemies to the King than ever he will be able to make Friends to him He tells them next that these Enemies will be using all endeavours to infringe the same This is also a strong Expression We know the use of the Noun Infractions but Infringe is borrowed from the Notaries yet the plain sense of this seems to be that those Enemies will disturb the Meetings of which I do not hear any of them have the least thought yet by a secret Figure of the Secretary Stile perhaps this belongs to all those who either think that the King cannot do it by Law or that will not give their Vote to confirm it in Parliament but I am not so well acquainted with all the Mysteries of this Stile as to know its full depth There comes next a long Period of fifty words for I was at the pains to count them all which seemed a little too prolix for so short a Letter especially in one that writes after the French Pattern But as ever the Happiness of his Subjects standing in Liberty of Conscience and the Security of their Properties next the Glory of God hath been His Majesties great End so he intends to continue if he have all sutable Encouragement and Concurrence from you in your Doctrine and Practice The putting ever at the beginning of the Period and at so great a distance from that to which it belongs is a new Beauty of Stile And the Standing of this Happiness makes me reflect on that which I hear a Scotch Preacher delivered in a Sermon that he doubted this Liberty would prove but like a standing Drink The Kings receiving sutable Encouragement from his Subjects agrees ill with the height of Stile that went before of appointing what the Parliament must do Kings receive returns of Duty and Obedience from their Subjects but hitherto Encouragement was a word used among Equals the applying it to the King is a new Figure A man not versed in the Secretary-Stile would have expressed this matter thus His Majesty has ever made the Happiness of His Subjects which consists in Liberty of Conscience and the Security of Property his great end next to the Glory of God and he intends to do so still if he receives all sutable returns from you in your Doctrine and Practice I have marked this the more particularly to make the difference between the Common and the Secretary-Stile the more sensible But what need is there of the Concurrence of the Addressers with the King if he appoints the next Parliament to take off all the Penal Laws Must we likewise believe that His Majesties Zeal for the Happiness of His Subjects depends on the Behaviour of these Addressers and on the Encouragement that he receives from them so that he will not continue it unless they encourage him in it This is but an incertain Tenure and not like to be perpetual But after all the Secretary-Stile is not the Royal Stile so notwithstanding this beautiful Period we hope our Happiness is more steady than to turn upon the Encouragings of a few Men otherwise if it is a standing Happiness yet it is a very tottering one The Protestant Penal Statutes is another of his Elegancies For since all the Penal Laws as well those against Papists as those against Dissenters were made by Protestant Parliaments one does not see how fitly this Epithete comes in here another would have worded this thus the Penal Statutes made against Protestants But the new Stile has Figures peculiar to it self that pass in the Common Stile for Improprieties This Noble Lord is not contented to raise His Majesties Glory above all other Catholick Kings in this Grant of Liberty or Toleration in which there is no Competition to be made for tho' the Most Christian King who is the Eldest Son of that Church has indeed executed her Orders in their full extent of Severity yet His Majesty who is but the Cadet in that Church's Catalogue of Honour it seems does not think that he is yet so much beholden to his Mother as to gratifie her by the Destruction of his People yet I say as if this were too little the King's Glory is here carried farther even above the Protestant Kings who have gone before him whose Maxim was to undo you by Fining Confining and taking away your Estates and to harrass you in your Persons Liberties and Priviledges Here is an Honour that is done the King's Ancestors by one of his Secretaries which is indeed new and of his own Invention The Protestant Kings can be no other than the King's Brother his Father and his Grandfather Kings shut out Queen Elizabeth who might have been brought in if the more general term of Crowned Heads had been made use of but as the Writer has ordered it the Satyr falls singly on the King's Progenitors for the Papers that were found in the Strong Box will go near to put the late King out of the List of Protestant Kings so that this Reprooch lies wholly on the King's Father and his Grandfather It is a little surprising after all the Eloquence that has been imployed to raise the Character of the late Martyr to so high a pitch that one of his Son's Secretaries should set it under his Hand in a Letter that he pretends is written by the King's Commands That he made it a Maxim to undo his People The Writer of this Letter should have avoided the mentioning of Fines since it is not so long since both He and his Brother valued themselves on a point that they carried in
the Council of Scotland that Husbands should be fined for their Wives not going to Church tho' it was not founded on any Law. And of all Men living he ought to be the last that should speak of the taking away of Estates who got a very fair one during the present Reign by an Act of Parliament that attainted a Gentleman in a Method as new as his Stile is upon this ground that two Privy Counsellors declared they belived him guilty He will hardly find among all the Maxims of those Protestant persecuting Kings any one that will justifie this It seems the New Stile is not very copious in Words since Doctrine is three times repeated in so short a Letter He tells them that their Doctrine must tend to cause all the Subjects to walk obediently now by obediently in this Stile is to obey the Absolute Power without reserve for to obey according to Law would pass now for a Crime This being then his meaning it is probable that the Encouragements which are necessary to make His Majesty continue the happiness of his Subjects will not be so very great as to merit the perpetuating this Favour There is with this a heavy charge laid upon them as to their Practice that it must be such as shall be most pleasing to his Majesty for certainly that can only be by their turning Pastpis since a Prince that is so zealous for his Religion as His Majesty is cannot be so well pleased with any other thing as with this Their concurring with the King to remove the Penal Laws comes over again for tho' Repetitions are Impertinencies in the Common Stile they are Flowers in the new one In Conclusion he tells them That the King expects that they will continue their Prayers for him yet this does not agree too well with a Catholick Zeal for the Prayers of damned Hereticks cannot be worth the asking for the third time he tells them to look well to their Doctrine now this is a little ambiguous for it may either signifie that they should study the Controversies well so as to be able to defend their Doctrine solidly or that they should so mince it that nothing may fall from them in their Sermons against Popery this will be indeed a looking to their Doctrine but I do not know whether it will be thought a looking well to it or not He adds That their Example be influential I confess this hard new word frighted me I suppose the meaning of it is That their Practice may be such as that it may have an Influence on others yet there are both good and bad Influences a good Influence will be the animating the People to a Zeal for their Religion and a bad one will be the stackning and softning of that Zeal A little more clearness here had not been amiss As for the last Words of this Letter That all these are his Majesty's Commands it is very hard for me to bring my self to believe them For certainly he has more Piety for the Memory of the late Martyr and more regard both to himself to his Children and to his People than to have ever given any such Commands In order to the communicating this Piece of Elegance to the World I wish the translating it into French were recommended to Mr. d' Albeville that it may appear whether the Secretary-Stile will look better in his Irish-French than it does now in the Scotch-English of him who penned it REFLECTIONS ON A PAMPHLET Entitled PARLIAMENTUM PACIFICUM Licensed by the EARL of SVNDERLAND AND Printed at London in March 1688. I. PEace is a very desirable thing yet every State that is peaceable is not blindly to be courted An Apoplexy is the most peaceable State in which a Man's Body can be laid yet few would desire to pacifie the Humours of their Body at that rate An Implicite Faith and Absolute Slavery are the two peaceablest things that can be yet we confess we have no mind to try so dangerous an Experiment and while the Remedies are too strong we will chuse rather to bear our Disease than to venture on them The Instance that is proposed to the Imitation of the Nation is that Parliament which called in the late King and yet that cannot so much as be called a Parliament unless it be upon a Commonwealth Principle That the Sovereign Power is radically in the People For its being chosen without the King 's Writ was such an Essential Nullity that no subsequent Ratification could take it away For all People saw that they could not depend upon any Acts past by it and therefore it was quickly dissolved and ever since it has been called by all the Monarchical Party a Convention and not a Parliament But now in order to the courting the Common-wealth Party this is not only called a Parliament but is proposed as a Pattern to all others from the beginning to Page 19. II. But since this Author will send us back to that Time and since he takes it so ill that the Memory of the late King should be forgotten let us examine that Transaction a little and then we shall see whether it had not been more for His Honour to let it be forgotten The King did indeed in his Declaration from Breda promise Liberty of Conscience on which he insisted in a large and wise Declaration set out after he was setled on the Throne but after that he had got a Parliament chosen all of Creatures depending on himself who for many years granted him every thing that he desired a severe Act of Uniformity was passed and the King's Promise was carried off by this That the King could not refuse to comply with so Loyal a Parliament It is well enough known that those who were then secretly Papists and who disguised their Religion for many Years after this as the King himself did to the last animated the Chief Men of our Church to carry the Points of Uniformity as high as was possible and that both then and ever since all that proposed any Expedients for uniting us or as it was afterwards termed for Comprehending the Dissenters were represented as the Betrayers of the Church The Design was then clear to some that so by carrying the Terms of Conformity to a great rigidity there might be many Nonconformists and great occasion given for a Toleration under which Popery might insensibly creep in For if the Expedients that the King himself proposed in his Declaration had been stood to it is well known that of the Two thousand Consciencious Ministers as he calls them pag. 14. by an Affectation too gross to pass on them that were turned out above Seventeen hundred had staid in Their Practices had but too good Success on those who were then at the Head of our Church whose Spirits were too much soured by their ill usage during the War and whose Principles led them to so good an Opinion of all that the Court did that for a great while they
would suspect nothing But at the same time that the Church-Party that carried all before them in that Parliament were animated to press things so hard the Dissenters were secretly encouraged to stand out and were told that the King's Temper and Principle and the Consideration of Trade would certainly procure them a Toleration and ever since that Party that thus had set us together by the ears has shifted Sides dexterously enough but still they have carried on the main Design which was to keep up the Quarrel in the Intervals of Parliament Liberty of Conscience was in vogue but when a Session of Parliament came and the King wanted Money then a new severe Law against the Dissenters was offered to the angry Men of the Church-Party as the Price of it and this seldom failed to have its effect so that they were like the Jewels of the Crown pawned when the King needed Money but redeemed at the next Prorogation A Reflection then that arises naturally out of the Proceedings in the Year 1660. is That if a Parliament should come that would copy after that Pattern and repeal Laws and Tests the King's Offers of Liberty of Conscience as may indeed be supposed will bind him till after a short Session or two such a meritorious Parliament should be dissolved according to the Precedent in the Year 1660. and that a new one were brought together by the same Methods of changing Charters and making Returns and then the old Laws de Heretico comburendo might be again revived and it would be said that the King's Inclinations are for keeping his Promise and granting still a Liberty of Conscience yet he can deny nothing to a Loyal and Catholick Parliament III. We pay all possible respect to the King and have witnessed how much we depended on his Promises in so signal a manner that after such real Evidence all Words are superfluous But since the King has shewed so much Zeal not only for his Religion in general but in particular for that Society which of all the other Bodies in it we know is animated the most against us we must crave leave to speak a little freely and not suffer our selves to be destroyed by a Complement The Extirpation of Hereticks and the Breach of Faith to them have been decreed by two of their General Councils and by a Tradition of several Ages the Pope is possessed of a Power of dissolving all Promises Contracts and Oaths not to mention the private Doctrines of that Society that is so much in favour of doing Ill that Good may come of it of using Equivocations and Reservations and of ordering the Intention Now these Opinions as they have never been renounced by the Body of that Church so indeed they cannot be unless they renounce their Infallibility which is their Basis at the same time Therefore tho a Prince of that Communion may very sincerely resolve to maintain Liberty of Conscience and to keep his Word yet the blind Subjection into which he is brought by his Religion to his Church must force him to break thro' all that as soon as the Doctrine of his Church is opened to him and that Absolution is denied him or higher Threatnings are made him if he continues firm to his merciful Inclinations So that supposing His Majesty's Piety to be as great as the Jesuit's Sermon on the Thirtieth of January lately printed carries it to the uttermost possibility of Flesh and Blood then our Fears must still grow upon us who know what are the Decrees of that Church and by consequence we may infer to what his Piety must needs carry him as soon as those things are fully opened to him which in respect to him we are bound to believe are now hid from him IV. It will further appear that these are not unjust Inferences if we consider a little what has been the Observation of all the Promises made for Liberty of Conscience to Hereticks by Roman Catholick Princes ever since the Reformation The first was the Edict of Passaw in Germany procured chiefly by Ferdinand's means and maintained indeed religiously by his Son Maximilian the Second whose Inclinations to the Protestant Religion made him be suspected for one himself But the Jesuits insinuated themselves so far into his younger Brother's Court that was Archduke of Grats that this was not only broken by that Family in their Share but tho' Rodolph and Mathias were Princes of great Gentleness and the latter of these was the Protector of the States in the beginning of their War with King Philip the Second yet the Violence with which the House of Grats was possessed overturned all that so that the breaking of the Pacificatory Edicts was begun in Rodolph's time and was so far carried on in Mathias's time that they set both Bohemia and Hungary in a Flame and so begun that long War of Germany 2. The next Promise for Liberty of Conscience was made by Queen Mary of England but we know well enough how it was observed the Promises made by the Queen Regent of Scotland were observed with the same Fidelity After these came the Pacificatory Edicts in France which were scarce made when the Triumvirate was formed to break them The famous Massacre of Paris was an Instance never to be forgot of the Religious Observance of a Treaty made on purpose to lay the Party asleep and to bring the whole Heads of it into the Net this was a much more dreadful St. Bartholomew than that on which our Author bestows that Epithete pag. 15. and when all seemed setled by the famous Edict of Nantes we have seen how restless that Party and in particular the Society were till it was broken by a Prince that for thirty years together had shewed as great an aversion to the Shedding of Blood in his Government at home as any of his Neighbours can pretend to and who has done nothing in the whole Tragedy that he has acted but what is exactly conform to the Doctrine and Decrees of his Church so that is not himself but his Religion that we must blame for all that has fallen out in that Kingdom I cannot leave this without taking notice of our Author's Sincerity who pag. 18. tells us of the Protestants entring into their League in France when it is well known that it was a League of Papists against a Protestant Successor which was afterwards applied to a Popish King only because he was not zealous enough against Hereticks But to end this List of Instances at a Country to which our Author bears so particular a kindness when the Dutchess of Parma granted the Edict of Pacification by which all that was past was buried and the Exercise of the Protestant Religion was to be connived at for the future King Philip the Second did not only ratifie this but expressed himself so fully upon it to the Count of Egmont who had been sent over to him that the easie Count returned to Flanders so assured of the King's
our Contest the Leaders of the Dissenters to the amazement of all Persons made no account of this and even seemed uneasy at it of which the Earl of Nottingham and Sir Thomas Clarges that set on that Bill with much Zeal can give a more particular account All these things concurred to make those of the Church of England conclude a little too rashly that their Ruin was resolved on and then it was no wonder if the Spirit of a Party the remembrance of the last Wars the present prospect of Danger and above all the great favour that was shewed them at Court threw them into some angry and violent Counsels Self-preservation is very natural and it is plain that many of them took that to be the case so that truly speaking it was not so much at first a Spirit of Persecution as a desire of disabling those who they believed intended to ruin them from effecting their Designs that set them on to all those unhappy things that followed They were animated to all they did by the continued Earnestness of the King and Duke and their Ministers That Reproach of Justice and of the Profession of the Law who is now so high was singled out for no other end but to be their Common-Hangman over England of whom the late King gave this true Character That he had neither Wit Law nor Common Sense but that he had the Impudence of ten carted Whores in him Another Buffoon was hired to plague the Nation with three or four Papers a Week which to the Reproach of the Age in which we live had but too great and too general an effect for poisoning the Spirits of the Clergy But those who knew how all this was managed saw that it was not only set on but still kept up by the Court. If any of the Clergy had put preached a word for Moderation he had a chiding sent him presently from the Court and he was from that day marked out as a disaffected Person and when the Clergy of London did very worthily refuse to give Informations against their Parishioners that had not always conformed the design having been formed upon that to bring them into the Spiritual Courts and excommunicate them and make them lose their Right of Voting that so the Charter of London might have been delivered up when so many Citizens were by such means shut out of the Common-Council We remember well how severely they were censured for this by some that are now dead and others that are yet alive I will not go further into this matter I will not deny but many of the Dissenters were put to great Hardships in many parts of England I cannot deny it and I am sure I will never justify it But this I will positively say having observed it all narrowly that he must have the brow of a Jesuit that can cast this wholly on the Church of England and free the Court of it The beginnings and the progress of it came from the Court and from the Popish Party and though perhaps every one does not know all the Secrets of this matter that others may have found out yet no Man was so ignorant as not to see what was the chief Spring of all those irregular Motions that some of us made at that time so upon the whole matter all that can be made out of this is that the Passions and Infirmities of some of the Church of England being unhappily stirred up by the Dissenters they were fatally conducted by the Popish Party to be the Instruments in doing a great deal of Mischief IX It is not to be doubted but though some weaker Men of the Clergy may perhaps still retain their little peevish Animosities against the Dissenters yet the wiser and more serious Heads of that great and worthy Body see now their Error they see who drove them on in it till they hoped to have ruined them by it And as they have appeared against Popery with as great a strength of Learning and of firm Steadiness as perhaps can be met with in all Church-History so it cannot be doubted but their Reflections on the Dangers into which our Divsions have thrown us have given them truer Notions with relation to a rigorous Conformity and that the just Detestation which they have expressed of the Corruptions of the Church of Rome has led them to consider and abhor one of the worst things in it I mean their Severity towards Hereticks And the ill use that they see the Court has made of their Zeal for supporting the Crown to justify the Subversion of our Government that is now set on from some of their large and unwary Expressions will certainly make them hereafter more cautious in meddling with Politicks the Bishops have under their Hands both disowned that wide extent of the Prerogative to the overturning of the Law and declared their Disposition to come to a Temper in the matters of Conformity and there seems to be no doubt left of the Sincerity of their Intentions in that matter Their Piety and Vertue and the prospect that they now have of suffering themselves put us beyond all doubt as to their Sincerity and if ever God in his Providence brings us again into a settled State out of the Storm into which our Passions and Folly as well as the Treachery of others has brought us it cannot be imagined that the Bishops will go off from those moderate Resolutions which they have now declared and they continuing firm to them the weak and indiscreet Passions of any of the Inferior Clergy must needs vanish when they are under the Conduct of wise and worthy Leaders And I will boldly say this that if the Church of England after she has got out of this Storm will return to hearken to the peevishness of some four Men she will be abandoned both of God and Man and will set both Heaven and Earth against her The Nation sees too visibly how dear the dispute about Conformity has cost us to stand any more upon such Punctilios and Those in whom our Deliverance is wrapt up understand this matter too well and judg too right of it to imagine that ever they will be Priest-ridden in this point So that all Considerations concur to make us conclude that there is no danger of our splitting a second time upon the same Rock and indeed if any Argument were wanting to compleat the certainty of this Point the wise and generous Behaviour of the main Body of the Dissenters in this present Juncture has given them so just a Title to our Friendship that we must resolve to set all the World against us if we can ever forget it and if we do not make them all the returns of Ease and Favour when it is in our Power to do it X. It is to be hoped that when this is laid together it will have that effect on all sober and true Protestants as to make them forget the little angry Heats that have
Novemb. 19. 1687. BY my last of the Eighth Instant I gave you notice of the Receipt of my Lord Pensionary's Letters and what was and is my sense of his extraordinary Kindness and Concern in that Affnir since that time I have had the opportunity to shew them to the King and at his Command did read to him distinctly out of the English Copy all the Account given of their Highnesses Mind touching the Penal Statutes and the Test and withal signified the sum of what was subjoined especially the respect and deference therein expressed to his Majesty's Person and Government but to my regret I find that this Answer hath been too long delayed and that now the King is quite over that Matter being no ways satisfied with the Distinction made of the Tests from the Penal Laws and no less positive that his Highness is neither to be prevail'd upon nor so much as to be further treated with in this Matter THE CONCLUSION AND thus all that relates to the Occasion that drew the Pensioner's Letter from him appears in its true Light. If this Discovery is uneasy to Mr. Stewart he has none to blame for it but himfelf It it very likely the first Article of his Merit for the defacing of all that was past was the pains he took to work on their Highnesses by the Pensioner's Means But that having failed him the abusive Letter that he has published upon it may come in for a second Article And now the Reproaches to which this Discovery must needs expose him must compleat his Merit if upon all this he is not highly rewarded he has ill Luck and small Encouragement will be given to others to serve the Court as he has done But if he has great Rewards it must be acknowledged that he has paid dear for them The printing and distributing 15000 Copies of his Letter is only the publishing his shame to 15000 Persons though it is to be doubted if so many could be found in the Nation who would give themselves the trouble to read so ill a Paper An EDICT in the Roman Law In the 25 Book of the Digests Title 4. Sect. 10. As concerning the visiting of A Big-Bellied WOMAN And the looking after What may be born by Her. The Pretor says thus § 10. DE inspiciendo ventre custodiendoque partu sic Praetor ait Si mulier mortuo marito praegnantem se esse dicet his ad quos ea res pertinebit procuratorive eorum bis in mense denunciandum curet ut mittant si velint quae ventrem inspicient Mittantur autem mulieres liberae duntaxat quinque haeque simul omnes inspiciant Dum ne qua earum dum inspicit invita muliere ventrem tangat Mulier in domu honestissimae foeminae pariat quam ego constituam Mulier ante dies triginta quam parituram se esse putat denunciet his ad quos ea res pertinet procuratoribusve eorum ut mittant si velint qui ventrem custodiant In quo conclavi mulier paritura erit ibi ne plures additus sint quam unus si erunt ex utraque parte tabulis praefigantur Ante ostium ejus conclavis liberi tres tres liberae cum binis comitibus custodiant Quotiescunque ea mulier in id conclave aliudve quod sive in balineum ibit custodes si volent id ante prospiciant eos qui introierint excutiant Custodes qui ante conclave positi erunt si volunt omnes qui conclave aut domum introierint excutiant Mulier cum parturire incipiat his ad quos ea res pertinet procuratoribusve eorum denunciet ut mittant quibus praesentibus pariat Mittantur mulieres liberae duntaxat quinque ita ut praeter obstetrices duas in eo conclavi ne plures mulieres liberae sint quam decem ancillae quam sex Hae quae intus futurae erunt excutiantur omnes in eo conclavi ne qua praegnans sit Tria lumina ne minus ibi sint scilicet quia tenebrae ad subjiciendum aptiores sunt Quod natum erit his ad quod ea res pertinet procuratoribusve eorum ostendatur Apud cum educatur apud quem parens jusserit Si autem ne his parens jusserit aut is apud quem voluerit educari curam non recipiet apud quem educetur causa cognita constituam Is apud quem educabitur quod natum erit quoad trium mensium sit bis in mense ex eo tempore quoad sex mensium sit semel in mense à sex mensibus quoad anniculus fiat alternis mensibus ab anniculo quoad fari possit semel in sex mensibus ubi volet ostendat Si cui ventrem inspici custodirive adesse partui licitum non erit factumque quid erit quo minus ea ita fiant uti supra comprehensum est Ei quod natum erit possessionem causa cognita non dabo sive quod natum erit ut supra cautum est inspici non licuerit Quas itaque actiones me daturum polliceor his quibus ex Edicto meo Bonorum possessio data sit eas si mihi justa causa videbitur esse ei non dabo § 11. Quamvis sit manifestissimum Edictum Praetoris attamen non est negligenda interpretatio ejus § 12. Denunciare igitur mulierem oportet his scilicet quorum interest partum non edi vel totam habituris hereditatem vel partem ejus sive ab intestato sive ex Testamento § 13. Sed si servus haeres institutus fuerit si nemo natus sit Aristo scribit hic quoque servo quamvis non omnia quaedam tamen circa partum custodiendum arbitrio Praetoris esse concedenda Quam sententiam puto veram publicè enim interest partus non subjici ut ordinum dignitas familiarumque salva sit Ideoque etiam servus iste cum sit in spe constitutus successionis qualis qualis sit debet audiri rem publicam suam gerens § 14. Denunciari oportet his quos proxima spes successionis contingit ut puta primo gradu haeredi instituto non etiam substituto si intestatus paterfamilias sit his qui primum locum ab intestato tenent si vero plures sint fimul successuri omnibus denunciandum est § 15. Quod autem Praetor ait causa cognita se possessionem non daturum vel actiones denegaturum eo pertinet ut si per rusticitatem aliquid fuerit omissum ex his quae Praetor servari voluit non obsit partui Quale est enim si quid ex his quae leviter observanda Praetor edixit non sit factum partui denegari bonorum possessionem Sed mos Regionis inspiciendus est secundum eum observari ventrem partum infantem oportet IF a Woman upon her Husband's Death pretends that she is with Child she must intimate that twice every Month thereafter
Lion and that is your very Image in all things What follows is too immodest to be translated Concerning the Interpretation of Laws and that they ought to be expounded not strictly by the Words or Cases put in them but by the Equity and Reason of them Cicero writes thus lib. 2. de Inventione Causae rationes afferentur quare quo consilio sit ita in lege ut sententia voluntate scriptoris non ipsa solum Scripturae causa confirmatum esse videatur Legis scriptorem certo ex ordine Judices certa aetate praeditos constituisse ut essent non qui scriptum suum recitarent quod quivis puer facere posset sed qui cogitationem assequi possent voluntatem interpretari Nullam rem neque legibus neque scriptura ulla denique ne in sermone quidem quotidiano atque imperiis domesticis rectè posse administrari si unusquisque velit verba spectare non ad voluntatem ejus qui verba habuerit accedere Judex is videtur legi obtemperare qui sententiam ejus non qui Scripturam sequatur Leges in consilio scriptoris utilitate communi non in verbis consistere Idcirco de hac re nihil esse scriptum quod cum de illa esset scriptum de hac is qui scribebat dubitaturum neminem judicabat Postea multis in legibus multa esse praeterita quae idcirco praeterita nemo arbitretur quod ex caeteris de quibus scriptum sit intelligi possint Let the Grounds and Reasons be shewed that it may appear upon what Design the Law was so and so made that so it may appear what is enacted not only from the Words of the Law but from the Will and Design of the Law-giver The Law-givers have ordained Judges to be chosen out of a certain Rank of Men and of a determined Age that so there might be Persons appointed who should not only repeat the Letter of the Law which any Child may do but should be able to find out the Design of the Law-giver and explain it according to his Will. If one will only have regard to the Words and not to the Mind of him that uttered them it will not be possible to order Matters aright neither by Law nor by any sort of Writing nor indeed by any sort of Discourse And this will appear in the whole Business of the World and even in Domestick Matters That Judg obeys the Law more who pursues the Design of it than he who has regard only to the Words of it Laws consist not in the Words in which they are conceived but in the Intent of the Makers of them and are to be explained by the Good of the Publick for which they are made Nothing is specified in the Law concerning such a Case because the Law-giver who mentioned another Case in the Law could not but conclude that the one being expressed no Body could doubt of the other For after all there are many Cases that seem to be omitted in many Laws which yet we ought not to think omitted because we may easily see what we ought to think of them from those Cases that are mentioned in the Law. The greatest part of his Oration for Caecina is to the same purpose and among many others these words are remarkable Cum voluntas consilium sententia interdicti intelligatur impudentiam summam aut stultitiam singularem putabimus in verborum errore versari rem causam utilitatem communem non relinquere folum sed etiam prodere Juris igitur retineri sententiam equitatem plurimum valere oportere an verbo ac litera jus omne torqueri vos statuite utrum utilius esse videatur When we once comprehend the Reasons the Design and the Intent of a Law it is either great Impudence or great Folly to let our selves be misled by any Ambiguity in the words for this is not only to forsake but to betray the true Ends of the Law and the Good of the Publick Do you therefore that are the Judges consider which is best Whether the Design of the Law ought to be observed and to be explained according to Equity or whether Justice it self ought to be perverted by adhering to the Words and Letter of the Law AN ENQUIRY Into the Measures of SUBMISSION TO THE SUPREAM AUTHORITY And of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties THis Enquiry cannot be regularly made but by taking in the first place a true and full view of the nature of Civil Society and more particularly of the nature of Supream Power whether it is lodged in one or more Persons I. It is certain That the Law of Nature has put no difference nor subordination among Men except it be that of Children to Parents or of Wives to their Husbands so that with Relation to the Law of Nature all Men are born free and this Liberty must still be supposed entire unless so far as it is limited by Contracts Provisions or Laws For a Man can either bind himself to be a Servant or sell himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract since all that Liberty which was not expresly given away remains still entire so that the Plea for Liberty always proves it self unless it appears that it is given up or limited by any special Agreement II. It is no less certain that as the Light of Nature has planted in all Men a Natural Principle of the love of Life and of a desire to preserve it so the common Principles of all Religion agree in this that God having set us in this World we are bound to preserve that Being which he has given us by all just and lawful ways Now this Duty of Self-preservation is exerted in Instances of two sorts the one are in the resisting of violent Aggressors the other are the taking of just Revenges of those who have invaded us so secretly that we could not prevent them and so violently that we could not resist-them In which cases the Principle of self-Preservation warrants us both to recover what is our own with just Damages and also to put such unjust Persons out of a Capacity of doing the like Injuries any more either to our selves or to any others Now in these two Instances of Self-Preservation this difference is to be observed that the first cannot be limited by any slow Forms since a pressing Danger requires a vigorous Repulse and cannot admit of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the Right of demanding Reparations either in the way of Justice against one another
or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinction is to be made between the Power of making Laws for the regulating the Conduct of it and the Power of executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their nature import that those to whom they are given are accountable even though that it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the Publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in Truth the Principles of Natural Religion give those that are in Authority no Power at all but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by human means such as Succession or Industry yet he has a Security for the Enjoyment of it from a Divine Right so tho Princes have no immediate Warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the Possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery in all which cases the general Name of Master may be equally used yet the degrees of his Power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others and therefore though all those may carry the same Name of King yet every ones Power is to be taken from the measures of that Authority which is lodged in him and not from any general Speculations founded on some Equivocal Terms such as King Sovereign or Sapream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest Proofs of the Divine Authority that is committed to them on such occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Not does it appear reasonable to conclude from their being in Possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long Tract of Time make a bad one became good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common Sense of all Men a just and good Title so upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must always be proved but Liberty proves it self the one being founded only upon a Positive Law and the other upon the Law of Nature VIII If from the general Principles of Human Society and Natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of â—â—ther side For as the Land of Canaan was given to the Jews by an immediate Grant from Heaven so God reserved still this to himself and to the Declarations that he should make from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such Designation neither for themselves nor for their Ancestors IX As for the New Testament it is plain that there are no Rules given in it neither for the Forms of Government in general nor for the degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution
being above three Years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threating and Turning out of all Persons out of Imployments who had refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly choose the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no legal Officers and by consequence those Elections that pass under their Authority are null and void If I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particular Laws made in K. Charles the First and the late King's Time securing them from all Commissions that the King can raise for Judging or Censuring them If then in opposition to this a Court so condemned is erected which proceeds to judg and censure the Clergy and even to disseise them of their Free-holds without so much as the form of a Trial though this is the most indispensible Law of all those that secure the Property of England and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him If likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuncio's from thence which is plainly Treason by Law If likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Jesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State And if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Imployments both Military and Civil then it is plain That all the Rights of the Church of England and the whole Establishment of the Protestant Religion are struck at and design'd to be overturn'd since all these Things as they are notoriously illegal so they evidently demonstrate That the great Design of them all is the rooting out of this Pestilent Heresy in their Stile I mean the Protestant Religion In the next place If in the whole course of Justice it is visible that there is a constant practising upon the Judges that they are turned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are put in their places If an Army is kept up in time of Peace and Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a Rape upon all our Liberties and a Destruction of the Nation If I say all these things are true in Fact then it is plain that there is such a Dissolution of the Government made that there is not any one part of it left sound and entire And if all these things are done now it is easy to imagine what may be expected when Arbitrary Power that spares to Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Beneviolences and all sorts of Illegal Taxes as from the other we may expect Burning Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Parliament that passed in K. James I. Minority though they were ratified by himself when he came to be of Age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in Execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain that not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the Hands and Power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island and for the Massacre of the English in it If thus all the several Branches of our Constitution are dissolved it might be at least expected that one part should be left entire and that is the Regal Dignity And yet even that is prostituted when we see a young Child put in the Reversion of it and pretended to be the Prince of Wales concerning whose being born of the Queen there appear
Informations against me which gave the rise to all that has since followed ought to be lookt on as Calumniators and to be punished accordingly and if any ill chosen Expression had fallen from me in the Letter that I writ to the Earl of Middletoune the Privacy of the Letter the Respect that was in it and the Provocation that drew it from me an Accusation of High Treason which is now evidently made out to be a Calumny all these I say give me some reason to conclude that if a secret Animosity of some of my Enemies that have abused their Credit with the King to my Prejudice had not wrought more than a regard to Justice there had not been a second Prosecution when the first was found to be so ill grounded that they were forced to let it fall The Citation is in these Words JAMES by the Grace of God King of Great Brittain France and Ireland Defender of the Faith To our Lovits Heraulds Pursevants Macers and Messre at armes conjunctly and severally specially Constitute Greeting Forsameikle as it is humbly meant et Complaind to us be our right trusty and familiar Councellour Sir John Dalrymple the younger of Stair our Advocat for our Interest Upon Doctor Gilbert Burnet That wher by the Common Law by the Acts of Parliament and the municipall Lawes of this Kingdom the declyning or impugning our Soveraign Authority or putting Treasonable Limitations upon the Prerogatives of our Crown upon the native Allegiance due by any of our Subjects born Scots men whether residing within our Dominions or not are declared to be High Treason and punishable by the Pains due and determined in the Law for Treason Nevertheless it is of verity That Doctor Gilbert Burnet who is a Scotsman by Birth and Education being cited at the Peir and Shoar of Leith at the instance of our Advocat for several Treasonable Crimes to underly the Law by vertue of particular Command from us direct to the Lords of our Privy Council and ane Act of our said Privy Council hereupon ordering our Advocat to Intent the Proces Instead of appeiring before the Lords of Iusticiery Doctor Gilbert Burnet did write and subscribe a Letter dated at the Hague the third day of May last directed for the Earl of Middletoune one of our principal Secretaries of State for our Kingdom of England In the which the said Doctor shows that in respect the Affairs of the Vnited Provinces falls to his Lordships share in the Ministry Therefore he makes the following Addresses to his Lordship and by him to us and gives ane accompt that he is certiorat of the Proces of Treason execute against him at the instance of our Advocat And for answer thereto the Doctor Writes that he hes bein thretteen years out of the Kingdom of Scotland and that he is now upon the point of Marrying in the Netherlands and that he is Naturalized by the States of Holland and that thereby during his stay there his Allegiance is translated from us to the Soveraignity of the Province of Holland and in the end of his Letter he Certifies that if this decly natur be not taken of his hand to sist the Proces he will appeir in Print in his own Defence and will not so far betray his own Innocence as to suffer a thing of that nature to pass upon him In which he will make a recital of Affairs that hes passed these twenty years and a vast number of particulars which he believes will be displeasing to us and therfor desires that he may not be forced to it which is a direct declyning of our Authority denying of his Allegiance to us and asserting that his Allegiance is translated from us to the Soveraignty of the States of Holland And a threatning us to expose traduce disparage and bely our Government and the publict Actings for twenty years past Tho he acknowledges it will be displeasing to us Yet by a most Indiscret and Disloyal Insolence he threatens to do it in contempt Except forsooth we will acquiesse and suffer the derly natur of our Royal Authorite and pass from the Proces as having no Allegiance due to us from the Doctor c. After this follows the form of Law ordinary in such Citations by which I am required to appear on the 9th day of August in order to my Tryal which was to be six days after that under the Pains of being declared a Rebel and a Fugitive and all bears date the 10th of June 1687. I shall offer only two Exceptions to this in point of Form 1st there is no Special Law set forth here upon which I am to be Judged which as I am informed by those who understand the Law of Scotland makes the Citation null in point of Form since High Treason is a Crime of such a Nature that no Man can be concluded Guilty of it but upon a special Law. 2dly In Criminal matters no Proofs of any Writing upon the Similitude of Hands are so much as admitted by the Law of Scotland so that all such Proofs are only General Presumptions and therefore since there is no other Proof that can be pretended in this case it is not possible according to the grounds and practice of the Scottish Law to find me Guilty upon this Citation Upon my not appearance on the 9th day of August the matter was for some time delayed At last a Writ was issued out against me called in the Law of Scotland Letters of Horning because they are published with the blast of a Horn in which I am declared the King's Rebel but this is not issued out upon the account of the Matter of the Citation of which no Cognizance has been taken But only for my not appearance to offer my self to Tryal and the Operation of this in Law is only the putting me out of the King's Protection and the present Seizing on my personal Estate and after a year the Seizing any thing that I enjoy for Term of Life but this Writ does neither affect my Life nor my Posterity nor can an Estate of Inheritance be so much as Confiscated by it and tho the term Rebel is put in it that word is only a Form of Law for every man that does not pay his Debts is liable to such a Writ and he is declared the King's Rebel just as the Chancery in England issues out a Writ of Rebellion upon Contempts so that if the being called a Rebel in such a Writ gives the Government a right to demand me then every Man that retires into Holland either out of England or Scotland upon the account of a disorder in his Affairs may be demanded as soon as any such Writ goes out against him As for the matter of this Citation I said so much upon it in my former Paper that since no Answer has been made to that I do not think it necessary to say any more than what will occur to me in the account of the Progress of this
Affair Mr. d' Albeville his Majesties Envoy did in the Month of July last put in a Memorial against me which being already in Print I shall only offer here the abstract of it In the Preamble it sets forth That whereas I had obtained Letters of Burgership in the Town of Amsterdam In the Vertue thereof these Letters being presented to the States of Holland by the said Town I had obtained the Protection of the States with which I was not satisfied but by my Libels I defamed the King and his Government of which it offered two Instances one that I represented my self as Persecuted upon the account of Religion which was so false that all Religions were tolerated by the King. The other was that I pretended that my life was in danger for which If I had any grounds I ought to have represented it to the King's Ministers in England or to his Minister bere and that it was Notorious that the greatest of all Criminals were in safety here for fear to draw upon themselves his Majesties displeasure who abhors such practices tho by the King's Laws every one of his subjects was warranted to seise on them here in what manner soever Upon all which it concluded That the States ought to punish both me and my Printer without naming him I hope I may without being wanting to the respect due to his Character make some observations on this It is well known that I was never made Burgess of Amsterdam so that all the Preamble falls and it appears that the Envoy has not taken the pains that forraign Ministers ordinarily do to be rightly informed of this matter when he began to move in it I applied my self immediately to the States of Holland in order to my being Naturalized and in my Petition I set forth the Reason of it which ever since Solons Laws has been thought the justest ground for it and that was a Marriage and this was no pretended colour for I was contracted the same day I had lived before that a year at the Hague and I saw clearly a storm coming upon me yet I had used no precaution to cover my self from it but when a Marriage and a settlement in Holland made it necessary for me to desire the Rights and Priviledges of the Countrey it cannot be thought strange if I petitioned for it and the States who know how long I had both lived and preached publickly at the Hague under the eyes of two of the Kings Ministers one after another saw no sort of reason so much as to deliberate upon my petition but granted it to me as a thing of course As for the matter that His Majesties Envoy objected to me I said nothing in the paper I printed but what plainly contradicts the first point my words relating to it are that it is yet too early to set on a Persecution for matters of Religion and therefore Crimes against the State must be pretended and fastned on those whom these men intend to destroy Now it is plain that by these men I intend those who had Informed against me the matters that are in the first Citation and that being let fall as a Calumny too gross to be any longer supported I had all reason to pass that censure on these men But these words cannot be supposed to have any relation to the King unless in that part of them that it is yet too early to Persecute for matters of Religion which import that my Enemies dare not attempt to carry his Majesty to that so that this period in my paper is evidently contrary to the Inference that is drawn from it The 2d point is no better grounded since I published nothing relating to the Danger in which I was but my Letters to the Earl of Middleton so that I had begun my Complaints to him but I was never encouraged to go to the naming of particulars As for that period that the greatest of Criminals are here safe from such Attempts for fear of drawing upon themselves the King's displeasure de peur de s'attirer certainly the Envoy was in haste when he drew it for the want of a clear sense in it is such that it cannot be carried off by an Ignorance of the French tongue since sure those Criminals are not afraid to Draw upon themselves the King's displeasure by attempting on themselves So that some such words as these all his Majesties good subjects avoiding such practices for fear of drawing upon themselves his Displeasure must be supposed to make the period Clear sense But if I had any apprehensions of Danger before this Memorial they are justly encreased by it since the Envoy concludes the paragraph by saying that every one of the King's subjects were warranted by his Laws to seise on such here in what manner soever a s'y emparer en quelque maniere que ce soit in what manner soever does always on such occasions signifie either Dead or Alive Now when the Kings Envoy did in a Memorial to the States which was afterwards printed assert that this was Law It is easy to Infer from hence what just apprehensions this might suggest to me As for his desire to have me Punished for that Libel he did in that Appeal which he made to the Justice of the States acknowledge me to be their Subject but if I have by printing of that or any other Paper made my self liable to the punishment of the States the Complaint ought to have been made in the form of Law to the Court of Holland as it would be in England to the Kings Bench since the States themselves do not not enter into the prosecutions of Justice and to that Court I most humbly submit my self and acknowledg that if I cannot justify my self of every thing that can be laid to my Charge they ought to punish me with the utmost severity of Justice Since a man of my Profession as he ought to be an Example for his good behaviour so he ought to be made an Example of Justice when he brings himself within the compass of the Law. This was the first step that was made in my affair which lay in this state till the Envoy's return from England in December last upon which he gave in a long Memorial of which I was made one Article He set forth that I being now Judged a Rebel and Fugitive in Scotland the States were bound to deliver me up or to banish me out of their Dominions and so he demanded that this might be executed Upon this I was called before some of the Deputies of the States and both the Envoys Memorials being read to me I was required to offer what I had to say upon them I could not but first take notice of the great difference that was between them The first complaining of me as a subject of the States and demanding that I might be punished by them and the second demanding me as the King 's Subject To the first I answered according to