Nation but durst not disanul Parliaments but he dissolved them and caused them to be dissolved by his Brother as soon as ever the Parliaments did any thing that displeased him He deprived the Corporations of their Charters and Priviledges He obstructed free Elections he took upon him a Power of dispensing with the Laws and of acting in a direct opposition to what was thereby ordained He was not legally impowred to proceed so far and therefore he transgressed the due Bounds and thereby put the Nation in a rightful Capacity no longer to acknowledge him for it is certain that in all Relations of Father and Son of Wife and Husband of Master and Servant of Subject and King where there is an express Contract and certain Conditions laid down when one of the Parties happens to violate the Contract and to be wanting in the performance of the Conditions that the other Party is no longer obliged The Lawyers Maxim Princeps Legibus solutus est has no place here By the Prince is understood one that is Sovereign and a Magistrate that is absolute without limitation Unhappy are the People who have got such Masters who have suffered their Priviledges to be disanulled but the People and the Nations which are so happy as to preserve the Bulwarks which in the Establishment of their Monarchy have been raised against the Ambition of their Princes are very Wise in maintaining them The King of England does not boast that he is above the Laws for he is obliged to Reign according to the Laws If there be any Sovereign in England who is above the Laws it is the Parliament and the King together This Sovereign makes Laws and repeals them and so is not bound thereby but the Parliament alone can neither make nor repeal Laws neither can the King alone do it So that these Words of Cambden concerning the Authority of the Kings of England does not take away the Rights of Parliaments and the Priviledges of the People that are publicly known Seeing the Kings of England are bound to Reign according to the Laws there lyes no obligation upon the People any longer to acknowledge them when they raise themselves above the Laws and have no regard thereunto Indeed a modern Writer has said that Protestants may be trusted because they swear Allegiance to the Prince without reservation But we swear Allegiance without reservation only where the Law does not annext it and where the Princes have their bounds limited by the Laws our Religion does not at all oblige us to make Oath of Fidelity without reservation and without condition since the Kings of England themselves in Conjunction with their Parliaments have annexed certain reservations to the Oaths of Allegiance which they require from their Subjects We do no ways believe that the English violate their Oaths of Allegiance when they think that they are free so to do by the Invasion that their Kings make upon the Fundamental Laws of the Realm From all this it follows that the English Nation did justly look upon King James II. as incapable of the Crown because of his Religion and as fallen from his Rights by his violation of all the Fundamental Laws and consequently William III. his Son-in-Law and Mary his Daughter now King and Queen of England possess the Crown most lawfully which returns to them by Right of Succession and which was confirmed to them by the unanimous Consent of the three Estates of the Kingdom They did not trample upon the respect which they owed to him who was their Father or held the place of a Father for nothing is owing to a Father in prejudice of the Rights that are due to God and our Country They committed no Violence as a means of coming by the Crown for they first received it from a free Convention they did nothing against the Commands of St. Peter and St. Paul of being Subject to the Powers for neither St. Peter nor St. Paul had any design of Establishing the Arbitrary Power of Kings whose Authority is limited by the Laws nor of favouring Tyrants Now as there have not been Men wanting to misconstrue His Majesties late Expedition so there have been some of his Majesties Enemies mentioned at the beginning who charged the Misfortunes of the Two De Wits Anno. 1672. on the then P. of Orange But it is known to all the World how the Matter went it happened by a popular Commotion which was like Gun-powder kindled and spread in a moment It is true that the two De Wits were accounted Enemies to the Prince It is true that there were two Parties formed in the State one against the Prince and the other for him but if things had gone well and the order which the De Wits had given for the preservation of the Country had succeeded no Person had ever muttered against them but Unhappily the State was without any Defence without Arms without Forts without Forces without Alliances which afforded the French an Opportunity of Marching into the very Heart of the Country leaving nothing but Desolation behind them Those who were at the Helm were narrowly look'd to whether they were to blame or no. The People thereupon were enraged against those who had the management of Affairs They made a general insurrection in the Town against the Magistrates It was much less for the Prince's Interest then for their own that there was such an uproar amongst the People The Mobile had been little enough concerned who governed provided the Government had been in safety Hitherto the Government of the De Wits as it had been happy so it had been attended with Tranquillity But in the Year 1672. the Government of those Gentlemen was extreamly Unfortunate the People who peremptorily reckoned the Unhappy Success of the measures they took to be an Effect of their Mismanagement of Affairs fell upon them and spent all the Magazine of their Rage against them And it was the King of France to whom the De Wits were indebted for that Tragical Execution it is he who by his unjust Enterprifes and his happy Success did provoke the People's Patience to the last extremity and obliged them to avenge themselves by force on those who had so very ill provided for the safety of the State The Prince was no ways concerned therein but accidentally if he had had the Administration of Affairs for some Years before that if he had been mistaken in his Measures as they had been if the King of France had met with the same Success after the Administration of the Prince of Orange that he had after that of the De Wits it is certain that the Prince of Orange had been in danger of having been the object of the People's Fury as those Gentlemen were but it is well known that this is the usual manner of popular Commotious that when they make an insurrection against one they make a Bulwark of another Expressing their Fury because the Government being altogether a Republic had not
at least the Kingdom will be left to him distracted and divided into a thousand Fractions one Party favouring the Stranger and another taking the part of the lawful Heir just as it happened under Charles VI. and Charles VII the English Possessed themselves of the Kingdom some took his part and others were against him and the Kingdom began to sink under the weight of that dreadful War It is then clear that in such a Case a Son after having made respectful Remonstrances to his Father and having made him sensible of the formidable disorders occasion'd by his ill Conduct may with a good conscience make use of force to deliever the Kingdom out of the hands of one who Devotes it to ruin who lays it desolate and does Transubstantiate it into a desart and who by the ill Measures he takes does evidently expose it to a Foreign Invasion Now it is certain that King James was destroying the Kingdoms Bodies Politic and Natural by his Mismanagement of the Government his violation of the Laws and making himself the Arbitrary Judge of their Sanction and Observation dispensing with them at Pleasure by depriving them of their Authority by putting honest Men out of their employs and bestowing those Offices on Men who were by Law incapable of exercising the same by taking off innocent Persons This directly tended first to the ruin of the Religion that was by Law established for he deprived Protestants of their Offices on purpose to bestow them on Roman Catholics who were Enemies to the Protestants and their Religion he violated all manner of Laws as he pleased he filled the Kingdom with Priests and Monks he made the Exercise of the Popish Religion public in all Cities and Counties he gave to the Jesuits the Colleges that were of Antient Foundation and allowed them to found new He ordered Churches to be Built for them The Jesuits open'd Schools in London A Jesuite sat in Council and was the first Minister of State The King sent Ambassadors to Rome and had Ambassadors sent to him from thence and all this against the express Laws of the Kingdom and that he might do all these things securely he maintained a powerful Army in time of Peace which is also contrary to the Priviledge of the English People This Conduct tended to the overthrow of the Monarchy as well as of the Church A Civil War was unavoidable in a little time England's patience was come to an end The Kingdom was fallen into the same condition it was in in the time of King Charles I. It is possible that King James II. would have incurred the same fate with his Father and without doubt the Fanatics would have made themselves Masters of the Government to the Exclusion of the lawful Heir Thus His present Majesty for the preservation of his Religion and the Crown to which he had a good Title and which ought in that juncture to be reduced into possession was obliged to put a stop to the current of those Mischiefs in the Fountain he endeavoured to do this by moderate means He Passed into England to curb the immoderate Power of his Father-in-Law This Father-in-Law could not endure to receive Law from any one He fled he Abdicated the Throne The Nation filled it with him who was come to deliver them His Majesty King William Accepted the Crown it had been a cruel piece of Piety to behold the Bowels of the State torn the Religion of the Kingdom perishing the spilling of so much Blood the oppression of so many innocent Persons so many Families reduced to Beggary and the right of the lawful Heir exposed to evident ruin for I know not what respect to Relation and Kindred Brutus and Manlius were praised for not having spared their own Blood and for having punished by death the Rebellion and Disobedience of their Children God is our first Father our Country is our principal Mother there are no Relations or Alliances which ought not to be Sacrificed to these great Names Besides these general Considerations there are also particular ones which are no less proper for the justification of their Majesties of Great Britain and Ireland The first is that King James II. was not lawful King although he was acknowledged by the Three Kingdoms he had drawn the Subjects of those three Kingdoms thereto by surprise being a Papist he could not be the King of England the People and Kings annex to the Succession of the Crown what Conditions they think fit Since Henry VIII all the Kings and Queens of England Mary excepted were Protestants that is to say Enemies to the Papal Tyranny this was a Quality annexed to the Crown of England All the Laws forbid the acknowledgment of the Pope for Head of the Church and Vicar of Jesus Christ They make the King of England Head of the English Church and it's High-Treason to say otherwise It is true that James the II. made a shift to thrust himself into the Throne in spite of all these Obstacles for the removing of which all imaginable diligence was used false Promises and false Oaths were not wanting It is known what were the Sentiments and the Interests of those who were Assisting in such a Violation of the Laws It is not necessary to make mention of them in this place although the Violation was nothing else but a suspension for the Laws were not Abrogated and tho' they had been so the English would always have had a Right to retrieve and re-establish them which were made for the security of Religion They Enacted Recognised and Declared that to be King of England and a Papist are Qualities that are absolutely incompatible and they were no ways to be blamed for the thing is plain and his present Majesty had reason not to Abandon to another the Succession that belonged to himself and his Royal Consort who have the same Qualities and are of the same Religion as is required by the Law and who moreover are the lawful and next Heirs It is not the first time that the Children have taken the room of the Father whom the Laws and his own personal Qualities excluded from the Enjoyment of the Rights and Possessions which his Birth had allowed him After all we must know that the English Government is not in the hands of one Person There is one King the King is Sovereign but he is not in the Possession of all the Sovereign Power He who cannot make Laws nor break them is not in the Possession of Arbitrary Power The Parliament partakes of the Legislative Authority with the King The People have their Priviledges which the King and Parliament cannot take from them If for Example a Parliament should meet with the King for making an absolute change of the Form of Government for abolishing the use of Parliaments and for depriving the People of all their Priviledges Charters and Immunities the People might justly provide against these Violations James II. endeavoured to Cancel all the Priviledges of the
in the hands of Papists It is true that when any one presumed to speak publickly of Religion he was put from his Pulpit if not from his Benefice It is true that when the Bishops refused to read the King's Declaration of Liberty of Conscience to Roman Catholicks under the Name of Dissenters they were sent to the Tower But to what purpose is all this they were alive still they Preached they had Pulpits and Churches whereas in France there was no such thing to be seen I but there was always reason to believe that King James who was so true a Friend to Lewis XIV and zealously bent on the same courses in agreement with him would in time push on things to such an issue to take effect in his own or his Successours days whom he was setting up as has already fallen out in France They were afraid of it I say and they had reason for the Popish Religion is a most insatiable Monster an implacable Enemy If it be allowed but room for one foot it will quickly usurp an entire Possession of all It makes profession of admitting no Partnership and of suffering no Rivals The English had forgot this Truth I know not how and suffered a Popish Prince to ascend the Throne The Cause of James II. his Misfortunes is to be looked for in the conduct of the French King It is he and he only that was the Cause thereof The English must of necessity have been very fast asleep not to awaken at the Cries of the infinite Numbers of miserable Creatures who went to carry their Afflictions and their Complaints to the Ears of the English Nation and who without speaking did pathetically express the meaning and weight of this important Advice Learn to have a care of Tyrants and Kings that are possessed by Jesuits The defence for King James is destined against King William Prince of Orange The Religion established by Law was entire and therefore his present Majesty as the Man reasons could have no just cause for passing into England Besides the Author endeavours to strengthen his Argument by the measures His Majesty took in Holland a Country where he had signalized himself more frequently than in England where he made it be blown about as this man says that his Father in Law was about to suspend the Penal Laws There are certainly Penal Laws in Holland against the Roman Catholicks but it is as certain saith he that the wisest Magistrates did judge that it was the Interest of the Republick to suspend their execution especially in the Province of Holland which is the most considerable amongst them God be praised for it You may now at last take notice of a publick confession that is express and in print That the Roman Catholicks are not persecuted in Holland Thus both Mr. Arnauld and all the Apologists for the French Persecution who were so bold as to complain of the Persecutions that their Church suffered in the Low Countries are declared to be Slanderers Note this well for these Gentlemen will say the contrary the very next day because they always speak according to their Interest but here it is their Interest to confess the truth that they may be in a capacity to conclude that the City of Amsterdam that of Rotterdam and that of Harlem had Power to suspend the Penal Laws that a King who is a Sovereign Prince can do as much as a particular City That if the Dutch without betraying their Religion might do this we have no reason to complain of a Catholick who was willing to shew the same gentleness to those of his own Religion as a Protestant Common-wealth does It is necessary that King William himself be concerned in the Proof He had a very great Number of Catholicks in his Guards and likewise amongst his Domestick Servants It is not then an Argument of Religion saith he that he does charge it as a Crime upon his Father-in-Law that being himself a Catholick he did suffer the Catholick Religion to be exercised within his Dominions Our Author is not ill to please his Premises are false throughout and his Conclusion is very bad He supposes that the Prince of Orange would answer thus that his Father-in-Law permitted the Exercise of the Roman Religion in England as it is in Holland this is false Mijn Heer Fagel's Letter was Penned to shew the contrary to King James The Prince does agree that such Penal Laws should be repealed which might endanger the Lives of the Priests and might ensnare the Conscience He does allow that the Papists be tolerated in England as they are in Holland He does again suppose falsly that King James had granted nothing to the English Papists but what the Dutch had granted to the Romish Religion in their Countries It is Impudence without Example to affirm this It is notoriously known that the toleration of Papists in Holland is not established by any Law nor by any Decree suspending the Laws It is well known that the Papists have not entred into any Office of Justice and of the Government of the State they are only admitted into Military Employs but King James was for receiving them into all the Offices of the Kingdom and not only for suspending the Execution of the Penal Laws by a tacite Toleration of Religion as it is in Holland but by an express Cessation of the Laws themselves In the third Place he does falsly suppose that the King of England has the same Power with respect to Religion that the States of Holland have in their Country This is not so the States of Holland are Sovereign and Absolute in their Provinces without limitation for it is they who make Laws but the King of England makes no Laws but with the joynt Assent and Authority of Parliament and can change nothing in such as concern Religion any more than he can do in other Laws without the Parliament Lastly He is infinitely mistaken when he compares the Quality of the Toleration of the Popish Religion that is admitted in Holland to that which he would have established in England because in Holland the Sovereign Authority is Protestant and in England the Sovereign Authority was Popish There is a very great difference betwixt having Popish Subjects and Servants and having Popish Masters The States of Holland are very well content to have Popish Subjects and the Prince will admit Popish Servants but they would not have Masters of that Religion This was designed to be done in England Their Great Master was a Papist and that Master endeavoured that all others should become so And so it does not follow from the Prince's Goodness in admitting of Papists amongst his Servants that he ought to suffer that his Father-in-Law should commit the Offices and Places of Trust within the Kingdom into the hands of Papists The words also of Popery and Papists used in his present Majesty's Declaration are not pleasing to our Opponent That Man ought to have known that those Words