of his Reign was the first Act of Parliament made for entailing the Crown with Remainders By vertue of which Entail his Son Henry the fifth became King and after him Henry the sixth in whose time Richard Duke of York claim'd the Crown and an Act of Parliament was made 39 Hen. 6. that Henry should enjoy the Crown for his Life and Richard and his Heirs after him After which King Henry raise's an Army kills Richard for which He the Queen and Prince were all Attainted 1 Edw. 4. because Richard was declared Heir apparent to the Crown after Henry by Act of Parliament but this Attainder was repeal'd in terms of Disgrace and Detestation 1 Hen. 7. Rot. Parl. 1 Hen. 7. Edward the fourth succeeded Henry 6. by vertue of an Act of Parliament made in the time of Hen. 6 for entailing the Crown as Son and Heir to the Duke of York Richard the third was confirmed King by Act of Parliament tho' he came to it by blood and murther Henry the seventh comes in by no Legal Title because Edw. the fourth's Daughter and his own Mother were both living In his time the Crown was entail'd on him and his Heirs by an Act of Parliament and he would never suffer any other Title to declare his Right Henry the eighth succeeded who as all his Laws speak deriv'd his Title to the Crown from his Father by vertue of the Act of Parliament above-nam'd and not by any Title from his Mother tho' by the Law of Succession his Right from Queen Elizabeth Daughter of Edw. 4. was indisputable In his Reign the Crown was thrice entail'd but the great one was that of 35. c. 1. by which Edward the sixth Queen Mary and Queen Elizabeth succeeded in whose Reign was made an Act of Parliament making it high Treason to say it was not in the Power of Parliaments to limit the Succession of the Crown Upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were entail'd and the Articles of Marriage confirm'd by Act of Parliament and by that Act of Parliament Philip was created King and exercis'd Sovereign Authority and particularly in making Laws together with the Queen the Style of the Royal Assent to Bills in Parliament being at that time Le Roy La Reigne les veulent by all which it appears that the Kings of England since the Crown was setl'd in a particular Family as well as before are Kings by the Laws of the 〈…〉 of human Constitution tho' their Power is from God Almighty Nor does this opinion aim at the changing our Hereditary Monarchy into an Elective Kingdom but shews that there is no such absolute necessity of keeping the Lineal Descent in respect of a single Person that it cannot be chang'd for the preservation of a Kingdom contrary to the Opinion of our Lawyers who affirm from History Records and Law-Books that our Monarchy is Hereditary as to a Family but Elective as to Persons However to obviate the prejudice that might arise from that preconceit I shall shew you 't is Hereditary and yet that that Hereditary Right came also by Law and therefore may be interrupted by our Legislators That England is an Hereditary Monarchy and that the common course of Succession is to be inviolably observ'd when it consists with the publick good and safety of the Kingdom none will deny for our own Laws have so determin'd it as a custom grounded upon sufficient Reasons Our Ancestors perceiving that the way of Electing Kings was subject to many Inconveniencies and often expos'd the Kingdom to Tempests Interregnum's and Revolutions as well as to the seditious commotions of under-hand dealers and the Pride and Ambition of Men too desirous to be uppermost And that Kings coming to the Crown by Election neglected the Demeans and squander'd away the Treasure of the Nation because they had no prospect of leaving the Crown to their Heirs 't was therefore thought advisable and beneficial to the Publick to fix the Royalty in a particular Family As for example In the eighth of Hen. the fourth there was an Act of Parliament which entail'd the Crown with Remainders And to name no other instances of the like kind it was made Treasonable by an Act of Parliament in the thirteenth of Queen Elizabeth for any Man to affirm that the common Laws of this Realm ought not to direct the Right of the Crown of England or that the Laws were not of sufficient force and validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof So that 't is plain an Hereditary Right is a Right by the Laws of England and not otherwise And what need is there of any other since a Right by Law makes a Rightful and Lawful King in despite of all the over-nice Distinctions of State-Criticks to the contrary And truly Of all Men living the late King James and his Defenders have least Reason to quarrel this Right by Law For How came it to pass that the Line of the Stewarts had a better Title to the Crown of Scotland than that of the Baliols but only that the Laws of Scotland that is the Consent of the Estates of that Kingdom made them so For otherwise if we search into the Pedigrees of those two Families we shall find that Baliol according to the common receiv'd Rules of Descent was nearer in Blood to the last King David than Bruce and was so adjudg'd at a solemn Hearing * Bak. Chron. pag. 96. between both Parties by our King Edward the First in Parliament Besides the late King has left it upon Record from his own Mouth that the Laws of England were able to make a King as great and happy as he could desire to be and after that I cannot imagine what he could wish for next But His Intentions being fix'd to destroy those Laws that in observing them would have made him great and happy he stood in need of a Title Superior to them therefore his Flatterers contriv'd one of a Divine Original and yet it dy'd before him the Divinity of his Office was more Mortal than that of his Person and well it might having no Being unless in the Heads of its first Inventore The Scripture has declar'd the Falsity of this new Hypothesis †Rom. 13. St. Paul saying There is no Power but of God must be understood of Government in general For the Apostle does not say There is no Prince but is of God but There is no Power but of God St. Peter also makes Kings to be of Humane Constitution as well as our Laws which know no such thing as a Personal Authority in the King Antecedent and Superiour to all Laws nor no Divine Law or just Inference from it which does any where set aside Humane Constitutions agreeable to Christianity and beneficial to Civil Societies Therefore if a King by Lawful Succession shall act unlawfully and
Brackly was mended by the Addition of the Rich Parsonage of Burton on the Wold in the same County Nor did the Reward of this Service extend only to Sybthorp but slew a Cathedral Height for Dr. Abbot Archbishop of Canterbury refusing to License this Sermon to be Printed was soon after Suspended from his Bishoprick and Dr. Laud that did License it being then Bishop of St. Davids was Translated to London and afterwards to the Metropolitan See of Canterbury Nay so strong run the Tide of Preferment then in this Corrupted Channel that few Divines or Common or Civil Lawyers were preferr'd to any considerable Place either in Church or State that did not in the Pulpit and on the Bench vigorously maintain these Novel and Destructive Opinions to the Scandal of their Functions and intended Ruin of the Kingdom To this Doctrine must be ascrib'd the Mischiefs of all former and later Reigns under the Protection of which any King may play the Tyrant without Control tho' it often proves Fatal to him that lays the Train And so it happen'd to Charles the Second for no sooner had his Unlimited Power been so Strenuously Asserted that he was come to give the finishing Stroke but his Death seem'd Necessary and Seasonable to make way for the Duke of York to open the Execution of the Grand Design in a bare-fac'd Subversion of the Religion and Laws of England At the Beginning of the Restoration so great an Opinion was conceiv'd of His Highness the Duke of York that his partial Admirers would suffer no Man to Insinuate his being Reconcil'd to the Church of Rome but set him up under all the Noble Qualities that might render him Acceptable to a Credulous People not only as Merciful in his Temper Just in his Dealings and endu'd with all Gracious Inclination to our Laws and the Rights of the Subject but for one Orthodox in his Religion too and who would prove a Zealous Defender of the Doctrine Worship and Discipline of the Church as Establish'd by Law In this Persuasion they continu'd some Years and tho' he had at length withdrawn himself from all Acts of Fellowship with the Church of England Refus'd the Test injoin'd by Law for distinguishing Papists from Protestants had Resign'd his Office of Lord High Admiral stood Excluded from the House of Lords and that so many Parliaments had eadeavour'd to Exclude him from Succession to the Crown because he had Revolted to the See of Rome and thereby became Dangerous to the Establish'd Religion yet all this would make no Impression upon a Wilfully Deluded and Obstinate Sort of Protestants but in Defiance of all Means of Conviction they would persuade themselves that he was still a Zealot for our Religion and a great Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he openly declar'd himself to be a Papist and afterwards in the Fumes and Raptures of his Victory over the late Duke of Monmouth had discover'd and proclaim'd his Intentions to overthrow both our Religion and Laws Yea so closely had some seal'd up their Eyes against all Beams of Light and harden'd themselves against all Evidences from Reason and Fact that had Success attended the Duke of Monmouth's Arms the late King had gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his being a Papist would have preserv'd the Reform'd Religion and maintain'd the Church of England in all her Rights and Grandures And tho' his whole Life had been but one continu'd Conspiracy against our Civil Liberties and Privileges he had left the Throne with the Character and under the Esteem of a Prince that in the whole Course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Aditum nocendi perfido praestat fides Sen. in Oed. Act. 3. Scen. 1. So Simple Truth does her fair Breast Disarm And gives Base Treachery a Power to Harm King Charles being now Dead the late Duke's Expectations Answer'd and his Ambition gratify'd with a Crown at his first coming to it he endeavour'd to Confirm some and Gain other of his Subjects into a good Opinion of him and their own Happiness under his Government And therefore in his first Speech to the Parliament declar'd so much Tenderness for them and such a Dear Respect for the Preservation of their Liberties that the Cajoll'd Parliament from an Excess of Satisfaction shew'd as much Affection for him as ever Parliament did to a Prince of their own Religion and gave Money till he himself put a stop to the profuse and excessive Expressions of their Satisfaction It must be granted that the Lives of some Professors are not so bad as the Consequences of their Erroneous Opinions and it was charitably thought by the Parliament that the late King James tho' a Papist would not Govern so Arbitrarily as the Encourag'd Doctrines of the Age gave him Leave to do But when they saw their Errour and perceiv'd that Popery and Arbitrary Power were never to be parted that the Monks and Friars Enter'd to Act in their proper Habits that Seminaries were set up in several Places and Houses fill'd with these Religious Furies that the Laws being in the late Reign betray'd into his Hands he unmercifully Stabb'd and Dispatch'd them and that his Antecedent Oaths and Promises were all come to nothing how it fill'd them with Resentments for his having thus Abus'd their Credulity Deceiv'd their Expectations and Reproach'd their Gloryings and Boastings of him But alas it was then too late to seek a Remedy for those Evils that an Easie Belief and a Fond Compliance with Empty Popish Promises had brought upon us Now we Feel what we would not See and Prevent at a Distance Quid nobis certius ipsis Lucret. Sensimus esse potest quo vera ac falsa notemus And what thing can there be more sure than Sense By which we Truth discern from false Pretence We smarted under our own Rod and had plenty of miserable Occasions for the Religious Exercise of that fatal Duty Passive Obedience Our Satisfactions in our New King were vanish'd and the Hopes of living happy Subjects under him were sunk into Apprehensions of Approaching Slavery A general Consternation fell upon the whole Body of the People and the very Tools that assisted the late King in subverting their own Religion and the Civil Rights of their Brethren were afraid in so Universal a Calamity that themselves should also feel the sad Effects of that Thunder with which they had Arm'd their Tyrant In how happy a Condition was James the Second before he violalated his Oaths and Promises and so might have continu'd if he could have prescrib'd any Limits to his Desires of Reigning more Absolutely than the Laws of the Constitution would allow him He had all things at pleasure to make him Great among his own Subjects
but the Almighty power that gave them If an Inferior Magistrate Governor of a Province or City Rebels against the King from whom he received his Authority in order to deprive him of his Crown and Dignity none will scruple to resist him in defence of the King who is Supreme Lord both of him and us And by the same Reason may a Sovereign Prince be Resisted that Usurps upon the Rights of God for no Prince is more Superior to his Subalterns than God Almighty is to all the Kings and Potentates of the whole Earth Reason and Religion command and commend a dutiful submission to Authority but neither Reason Nature nor Religion obliges us to comply with the Sovereignty of the Creature to the prejudice of the Creator or subscribe to such orders of an Arbitrary Prince as manifestly oppose the Rights of God unless we are fond of Inheriting the Title of being Cruel to our selves Unnatural to our Children and profess'd Enemies of our Country for tho' slavery may be the misfortune of good People to submit to it can never be their Duty Another great Engine wherewith our Adversaries serve themselves to batter down the Doctrine of Resistance is the Law of the Land and particularly the Act of Parliament made in the 13th of King Charles the Second which seems in their apprehensions to extirpate this Principal Root and Branch tho' I believe 't will fail them when we have consider'd the Occasion of that Law and the Intention of the Ligislators And this I hope to do with a Modesty suitable to the great Veneration and Esteem that is due to those August Assemblies Acts of Parliament in my opinion being only subject to the Censure of those that have a Right and Power to make them And yet I hope with submission 't will not be indecent to say that Laws made in extraordinary Heats are not Regular Obligations nor ought to let Loose the Kings Hands and Tie up the Subjects England had been long Harrass'd Enslav'd and almost Ruin'd by an Unnatural War Scandaliz'd by the Murther of a King under Forms of Law and Justice Oppress'd by the Tyranny of their Fellow-Subjects and wearied out with changes of Governments and variety of afflictions Sometimes a Common-Wealth the Keepers of the Liberties of England a Rump Parliament then two successive Protectors a Council of Officers a Committee of Safety the Rump restor'd another Committee of Officers the Fag end again the Secluded Members a Junto that brought in King Charles the Second and deliver'd England out of Cruel Servitude that was so sick with changing Masters that when King Charles was Inthron'd and call'd a Parliament which chiefly consisted of Sufferers under the late Mock-Governments or the Persons Sons or Relations of such as had been in actual War against the Parliament or Sufferers for Charles the first the Excess of Joy that attended their Deliverance and a Resolution to prevent such Commotions and troubles for the future so transported them that they thought they could never do enough to Greaten their Monarch or discountenance the late Republicans and therefore in the heat of their Zeal tho' they aim'd well might overshoot the mark and stretch the Prerogative of the King and the Obedience of the Subject beyond their ordinary Limits and like Fond Bridegrooms give away more Authority in a Week than they could Redeem in their whole Lives which has been too often practis'd in England in former times in hopes to oblige their Monarchs tho' as often attended with Sorrow and Repentance and these or at leastwise some of these things might be the occasion of that Law For it could never be the Intention of a Parliament to make the most Violent and Illegal Actions of Arbitrary power wholly Irresistable or pull down the excellent structure of a Limited Monarchy and set up an Absolute Despotick Tyranny where the King and those commission'd by him might do what they pleas'd with our Religion Lives and Estates and make it Treason to resist in any case whatsoever Was not this to give away their own share in the Legislative Power and contradict the Preamble of every Act of Parliament which says all Laws are made by the consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament and by the Authority of the same never failing to insert those Words And that this would have been the inevitable consequence of such an Unlimited obligation upon the People is plain for what makes a King Absolute but that his Subjects are under a necessity of Obeying him without reserve i. e. never to oppose his commands in any case whatsoever And to confirm my self that they never intended such a breach in our constitution is because the extravagancy of the Act with such a design would have accus'd both their prudence and Fidelity Judge Cook in his Institutes says that Laws made against Right Reason and the Law of Nature are void in themselves and then there 's no necessity of obeying them longer than till we are in a capacity to deny or dispute it what Man of Common Sense can believe that so many Wise Men how good an opinion soever they might have of the King then in the Throne would Arm all his Successors with a power as Despotick and Absolute as the great Turk who may have the Heads and Estates of his Subjects as often as he pleases to command them The last Argument I shall use to shew that that Parliament did not Intend to couch the People under such an Intire and Universal Submission as is maintain'd by our Adversaries is because they had no Power to do it for no Power can reach beyond the Reason of its Institution which is to preserve the Lives and Priviledges of the People and not make 'em Slaves and Vassals to a Delegated Authority Who can believe that the Nation ever Intrusted any sort of Men with a Power to destroy them or to Surrender their All into the Hands of a Cruel Tyrant As Representatives of the People they could have no more Power than the People could give them nor could it be extended beyond theirs from whom it was derived or that is allow'd by the Law of Nature Nam quodcunque suis mutatum sinibus exit * Lucrit l. â— Continuo hoc mors est illius quod fuit ante Since what doth its limits pass By change quite perishes from what it was because it was not in their power to grant it No Man can licence another to kill him because the consent is Unnatural and Null and Void in it self so no Community can give any persons power to destroy them either directly or by consequence for 't is preposterous in Nature that the Means should be destructive in the End and that those that were substituted for our Preservation should be the Instruments of our Ruin which must necessarily follow if they Intended by that Law to Invest all our Princes with a Power to do whatever they please
the very first Descent that it could never be throughly setled in after Ages The Truth is before the Flood the Scripture is so silent in this matter that no Man can affirm whether the Government of the World in those yearly Ages was Regal Aristocratical or Paternal and consequently not in which Form to fix this pretended Divine Right without offering injury to the other Nor after the Flood do we mind this Right granted to Noah in greater proportion than to his Sons in common Which was to acquire what they could and enjoy what they acquir'd for these are the words of their Charter to subdue the earth and * Gen. 9. possess it The New Testament gives no greater incouragement to this pretence of Divine Right than the Old for tho' in the Theocracy Kings were set up by God yet that method ceas'd when Shylo came and tho' the blessed Jesus and his Holy Apostles were very pressing in those Moral duties of Obedience to Superiors yet they no where asserted a Divine Right nor prescrib'd any Forms of Government or making alterations but yielded a cheerful Submission to the Reigning Powers where they came without calling their Titles into doubtful Disputations Now seeing we cannot find this Divine Right of Monarchy and Hereditary Succession granted by the Law of God as founded in Paternal or Patriarchal Authority nor Morally impress'd on human Nature nor possitively Reveal'd in holy Scripture which I shall particularly discourse hereafter let us descend into our own Histories and if we cannot find it there we must leave it as a Chimera or a politick Stratagem to Introduce Tyranny Democracy was the first Government in this British Isle Their Druids serv'd both for Priests and Judges the whole Nation were a barbarous People that knew not God and worship'd Idols And it would seem strange to search for a Pearle in this Dunghil to derive a Pedigree from these bruitish Ancestors or build a Divine Right of Succession upon such a Heathenish foundation when a Human Right is more Eligible and Honourable After the Druids succeeded a Race of Lords or Petty Kings that divided Britain into eight and twenty Provinces and chang'd the Democracy into an Aristocracy every Province paying Allegiance to their own Lord and because among such a Medly it would be hard to find from which of them to derive a Divine Right of Succession I shall leave it as too Nice and Intricate a matter and pass to the Romans Whose Government when Julius Caesar made his first and second Descent into Britain was Aristocratical and he himself had then no greater title than Dictator and if we examine the whole time of their continuance here which was Five hundred Years we shall find that all the several Governors came in by Intrusion Usurpation Adoption Confirmation or Purchase but not one of them ever claim'd by Hereditary Succession Britain being abandon'd by the Romans they elected Vortigern Earl Cornwall King but upon the Leudness and Debauchery of his life and neglecting the true Interest of the Kingdom they Depos'd him and chose his Son Vortimer and after his decease upon promising to Govern more Regularly by a new Election re-inthron'd Vortigern who was Conquer'd by the Saxons whom he call'd in to assist him in his Wars against the Picts and Scots so that here also we have quite lost all pretences to a lineal Succession from the Britains or a pretended Power from God to Oppress and Ruin his People The Saxons were a Wild Illeterate and Barbarous People living by Plunder and Rapine Souldiers of Fortune without any certain Habitation and having no Title of their own as they Demean'd themselves could very ill pretend to have one from God nor could their Heptarchy introduce a Divine Right among us for then we must allow seven Kings at once to Govern by Divine Right in England The Danes drove out the Saxons injoy'd the Monarchy many Years and after much strugling were repuls'd by the Saxons and they again by the Danes among whom were so many Kings Banish'd Murther'd and Depos'd that 't is impossible with any kind of certainty to fix a Succession from any of them For Edward the Confessor that succeeded Harold the last Danish King in England and in whom for want of Issue that Line was extinguish'd had no Hereditary Right 'T was at first indisputably in Edward Son of Edmond Ironside Father to Edgar Etheling his Nephew during his Life and after his Decease to that Edgar who was also Nephew to the Confessor Harold Son of Earl Godwyn that without other Ceremony set the Crown upon his own Head had no pretence of Right to it tho' as affairs then stood was very fit for it for Edgar Etheling was then living and claim'd it tho' he wanted Power to maintain his Right and so Harold kept the Crown till he was depriv'd of that and his Life by one of another Family and a Foreign Nation which has utterly destroy'd all pretensions to the Divine Right of Succession in this Kingdom unless you will make God the Author of all those horrid Murthers Devastations and Confusions that were committed by many of these Princes in acquiring their Crowns And here I must pursue the Succession from the Norman Race William the First was Illegitimate and had no Right but from his Sword and the Peoples submission and Electing him after he had subdu'd King Harold and the latter Right he always preferr'd before the former William the second was Elected against the Right of his Elder Brother Robert who was then living Henry the first was Elected King Favente Clero Populo his Elder Brother Robert being living at the same time and claim'd the Crown in Right of his Birth King Stephen was Elected a Clero Populo and Maud who had the Right of Succession was excluded Henry the second came in by consent yet he had no Hereditary Right for his Mother Maud the Empress Daughter and Heir to Henry the First was then living King John had no Right of Succession for he had an Elder Brother Jeffery Earl of Brittany who had issue Arthur and Eleanor whose Heirs for ought we know to the contrary may still have a being in the World but John tho' Arthur his Eldest Brother's Son was then living was Elected a Clero Populo and being divorc'd from his Wife had Henry the Third by his new Queen Henry the third was Crown'd and settl'd in the Kingdom by the general Election of the People tho' he had no Right to the Succession for Eleanor Daughter to Jeoffry his Father's Eldest Brother was then living Roger Mortimer Earl of March Son of Edmund by Philippa Daughter and Heiress to Lionel Duke of Clarence a younger Son of Edward the Third was by Parliament in the 9 R. 2. declared Heir apparent to the Crown which could not be but by vertue of an Act of Parliament Henry the Fourth came to the Crown by way of Election and in the eighth Year
and that in no case whatsoever they might be Resisted to which I shall add no more till I have answer'd the Calumny of the Papists who charge the Revolution upon the Principles of our Religion Pere d'Orleans the Jesuit with design to draw off the Roman Catholick Princes from a * Revolution d'Angleterre Tom 3. p. 395. Confederacy with King William and other Protestant Princes for the preservation of Europe and to perswade them to unite their Arms with those of France and the late King James on whose success as he says depends the Glory and Stability of the Popish Religion after he has scandalously told them that this Confederacy was a Combination against God and his Messias the subtle Missionary would insinuate that the late King was Depos'd merely upon the account of his Religion and that if he had been of no Religion or any thing but a Papist he had never lost his Crown which is a great Calumny and to say no worse a wilful mistake for in Antient times long before the Reformation had footing in England and when the profession of the same Religion ty'd Men in one Communion and Worship and when there could be no Apprehension of Grudges upon the Pretence of Different Persuasions in Religion there were equal Animosities and Struglings between the Antient Britains and their Kings as often as they thought their Laws and Liberties were in danger of being Invaded or Destroy'd by them None that converse with History can be ignorant that the same Innate and Congenial Temper has always sway'd these Northern Climates in all Ages within the Reach of History and was observ'd to be Predominate by Julius Caesar him self in his own Reign here Tacitus has an Instance very applicable to this purpose * Ipsi Britanni selectum tributa injuncta Imperii munera impigre obeunt si Injuriae absint has aegre tolerant jam domiti ut pareant nondum ut serviant Tacit. in Vita Agricolae Sect. 13. The Britains saith he are easily assembl'd pay Taxes freely and execute Offices in the Government chearfully if no Injuries be offer'd them for they are willing Subjects but impatient under Slavery When they were under the Power of the Normans they had often Recourse to their Arms to prevent the Incroachments and abate the Oppressions of that Race of Kings although they were All of the same Religion as is apparent in the Reign of William the First who upon the Opposition he met with relinquish'd his Pretence to Conquest and swore to govern the Kingdom by its Antient Laws William the Second was defeated by many of his Subjects who took part with his Elder Brother Robert Duke of Normandy because Rufus had violated the Laws From the same Cause when Duke Robert rais'd an Army against his other Brother Henry the First the greatest part of Henry's Army Revolted to Robert because as Matthew Paris says Henry had already been a Tyrant Another Commotion was rais'd against this Prince and the Party headed by Stephen Archbishop of Canterbury King John was brought to Reason by the Resistance he found by the Great Prelates Nobility and Gentry who slighted the Pope's Bull for Abolishing their Great Charter and valu'd neither the King's Arms nor the Pope's Excommunicating of them all when they stood in Competition with their Antient Rights and Privileges What Troubles and Danger did the Barons and Bishops bring upon Henry the Third for Violating their Privileges His Reign gave Birth to the Complaint that fill'd the Subjects Mouths in the Reign of King James viz. That Judgment was committed to the Unjust the Laws to the Lawless Peace to Men of Discord and Justice to the Injurious So that not only the Nobility Gentry and Commonalty but the Bishops of his own Church Warr'd against him threaten'd him with Excommunication and that if he would not be reclaim'd from his Illegal and Arbitrary Proceedings they would conferr with the other Estates of the Realm and as they had done in his Predecessor's Time would chuse a New King And if in so Antient Times when Popery was on the Meridian of Glory and Power not only the Laity but the Prelates of the Church thought it Lawful to Resist their Monarchs who were breaking in upon their Liberties why may not Protestants do the same without Scandal to their Holy Religion when they had greater Reasons and stronger Provocations than former Times could pretend to Their Religion was never in danger by any of those Kings But ours had receiv'd a deadly Wound by James the Second and was almost Expiring till we took shelter under a Prince who is not only able to Protect his own Subjects but to hinder other Nations from being brought under the Yoke of Slavery The Reader I hope will easily perceive that these Instances are not urg'd to flatter the Rage or gratifie the Passions of Seditious Rebels but only to shew that it has always been the Genius of the English Nation under all Forms of Religion to be very Tender of their Privileges and gave greater Proofs of their Zeal for them in Times of Popery than ever they have done since ehe Protestant Religion obtain'd amongst us Which may at once confute the Jesuits and convince the World that we did not resist the late King James because he was a Papist but because he was a Tyrant tho' it has been observ'd in England that Popery was the first Step to Arbitrary Power and the nearer any of our Kings inclin'd to Popery so much the more did our Privileges decline till at last they were almost totally destroy'd by a Prince that openly profess'd it and all our Crime is that we would not be content to be Ruin'd by the late King and his Popish Emmissaries and rather chose to desire Protection Liberty and the Restitution of our Privileges from His Present Majesty than abide in the Condition of the vilest Slaves to the late King James A Crime for which I am very confident no Papist tho' he Rail at us with his Tongue can condemn us in his Conscience And this brings us to the last Plea that our Opponents are pleas'd to enter against the Doctrine of Resistance and securing our Obedience to the late King viz. That we are oblig'd by our Oaths to Obey and not Resist him upon any Pretence whatsoever To which I Answer How large an Extent soever some Men may give to the Oaths they took in pursuance of an Act of Parliament in the 13th of Charles the Second yet they ought to remember what must always be suppos'd as the Natural Condition of every Oath Rebus sic stantibus Things continuing in the same State as they were in at the Time of Taking these Oaths for otherwise the Obligation ceases when Things are so changed that they are Unlawful or impossible to be observ'd When we took these Oaths to the late King we believ'd he would observe and keep his own Oath at his Coronation and protect us in
own Will should prescribe to it By virtue of this Unlimited Power he brought a Jesuit into the Privy-Council made a Profess'd Papist Secretary of State constituted two Popish Judges and fill'd up many of the most Important Offices and Places of Trust and Profit in the Kingdom with Papists such as Sheriffs Justices of the Peace Mayors of Cities and Corporations and Officers in his Army And that he might be able to gain his Point and force those that refus'd to comply voluntarily he put the Tower of London the great Magazin of England and Keeper of the Regalia into the Hands of Sir Edward Hales as Rank and Sowr a Papist as ever our Soil produc'd and fill'd all the Vacant Places of his Army with Popish Officers By the same Authority he granted an Ecclesiastical Commission gave Four Popish Bishops Power to visit several Districts in England plac'd a Society of Jesuits in the Savoy and erected Popish Schools and Mass-Houses in most of our Cities and Corporations And Lastly To annoy his Subjects and force his Way through all Difficulties in Times of Peace kept a Standing Army 'T is needless to tell the Reader that these Proceedings were contrary to the Laws of the Land and wholly Inconsistent with them for there are very few or none but know it already in general Terms I shall therefore apply my self to shew you how it was against Law and what would have been the Consequences of this Unlimited Power if the late King had continu'd longer amongst us And this brings me to shew you his particular Actions To feel the Pulse of England and try how they Resented his Proceedings the late King commonly began the Exercise of his Arbitrary Power in Scotland and from the Measures that were taken there we might take a Prospect of his Tyranny and our own Calamities for tho' he shew'd us his Designs under the Soft Title of Dispencing in Scotland he threw off that Vizor and explained himself in calling it Vide Scotch Declaration Annulling and Disabling Laws And to shew all the World his Arbitrary Ends he gave such a Specimen of his Single Unlimited Power there that he attempted to do more in that Kingdom which as well as ours is a Limited Monarchy than the United Power of King Lords and Commons together were able to do and that was by imposing an Oath on that People contrary to Law in these Words You shall swear to the utmost of your Power to Defend Assist and Maintain the King and his Successors in the Exercise of their Absolute Power And this I take Leave to say the King and Parliament could not impose upon the Subject because it was in it self a Subversion of the Constitution as being an Obligation to support a Power destructive to the whole Frame of the Government This Caprichio of the late King James was the Master-piece of all his Jesuited Counsels and the Finishing Stroke of an Eternal Vassalage for this Oath was created by his Arbitrary Power and his Arbitrary Power was to be supported by this Oath and both must grow together and run in an Endless Circle to the utter Extinction of all the Remains of our Natural Liberty or Legal Government And what was done in Scotland we have Reason to believe in its Course must have been exercis'd in England also the late King having no more or other Authority in one Kingdom than he has in the other and both then govern'd by the same Arbitrary Maxims and Popish Ministers In England the late King assuming a Dispensing power Usurp'd the whole Legislative Authority into his own Hands for to Dispense with Laws is as great a power as to make them and by the exercise of it invested himself with a power as great if not greater than that of King and Parliament together who can joyntly but not severally give any Resolve the Authority of a Law The pretences to justifie this Action was that he might have the assistance of all his Subjects and that the Papists having been equally Loyal to his Progenitors they might not be discourag'd by legal Discriminations This was but a light pretence tho' part of the Intrigue for his dispencing power was chiefly directed to another and more considerable purpose From the latter end of King Charles's Reign the Press was loaden with Pamphlets and City and Country fill'd with invectives against Parliaments as unnecessary Wenns in the Government that were fit to be cut off that the Royal Authority might be without any Legal or Pecuniary Restraint or Limitation Now the Dispencing Power would do this Work effectually for it put the whole Legislative Authority into the King's Hands and made Parliaments Useless and signifie Nothing For this End was it set up And the Employing Papists that were Unqualify'd by Law was for no other End but to support the Dispencing Power till it had accomplish'd what was intended by it Protestants could not be suppos'd to engage in this Design for the Law was made in their Favour and was their Security against Romish Persecutions and Depredations and therefore the late King would bring Papists into the Government to whom the Laws were Enemies that in requital they might be Enemies to to the Laws and stick at nothing to support their King's Power that made them what they were and would only continue them in their Advantageous Stations So that if that King should gain his Point there seem'd a kind of Mutual Necessity for the late King to Introduce Papists and for Papists to execute his Orders or the Power and the Officers would sink into their Original Nothing But the Snare is broken and we are Deliver'd Strong Desires are the Common Temptations to the Use of Ill Means and never did any Man grasp at the Power to do Mischief without the Purpose If ever there have been such mysterious Riddles of Irregular Vertue yet James the Second never gave any Instances of it for it plainly appear'd in him how effectually the Temptation of Unlimited Power work'd in his Ambitious Humour He never thought any thing Enough till he had ingross'd a Power to Ruin All and turn Old England into a Wilderness of New Confusions By this Dispencing Power he at once suspended above Forty Statures relalating to our Religion and the next Week by the same Arbitrary Power might have suspended Forty more that secur'd our Civil Properties likewise for he had no more Right to do the one than the other and so might have gone on to the End of the Chapter till he had Abrogated all the Laws in the Statute-Book and acted here as afterwards Doctor King tells us he did in Ireland * State of Ireland p. 92. Seize Men's Goods for his own Use by a File of Musqueteers or at best by his own Warrant without any kind of Legal Process and to which he had no other Claim but that he wanted them Now if this be not Tyranny nothing in the World can merit that Appellation and therefore
into Scotland with the Lord Seaford without being able to obtain a Pardon for his Life or Estate From this and other Instances that might be given we may see their Popish Juggling for when an Act of Parliament is made against a Papist 't was no less than Treason to question the King 's Pardoning and Dispencing Power but when an Act bears hard on a Protestant and their King as he pretends has a Mind to Ease them then the King has no Power to Dispence he cannot grant a Pardon his Hands are bound up by Law So that the End of Setting up this Dispencing Power was only to shelter Papists from the Law and ruin Protestants for the Papists in their Hearts we see are as much against it as the Protestants To go on The late King declar'd in Council that he would publish such a Proclamation in England as he had done in Scotland and that none should have Employments under him that would not co-operate in taking off the Penal Laws And he began to execute these Resolutions with a Conduct full of Violence and Injustice The Lord Bishop of London was put out of the Privy Council and Suspended from his Episcopal Office because he would not Suspend Doctor Sharp now Archbishop of York without Legal Process The Earl of Rochester was depriv'd of his Office of Lord Treasurer because he would not change his Religion And the Duke of Sommerset lost his Office because he would not violate the Laws of the Kingdom in performing the Honours at the Reception of the Pope's Nuncio as is usual at the Introduction of Ambassadors To say in Excuse of this that James the Second turn'd out Great Officers of State because they would not obey him and concurr with his Intensions is to publish a Truth that ought to have been Conceal'd by his own Party because it was an evident Demonstration that his Intentions were Unjust and level'd against our Laws and Religion In Things Lawful tho' not Expedient he found a Tacit Compliance nay some of them to keep him in Temper perhaps comply'd further with him than the Strictness of the Law would justifie as Men pull down some Houses at a Fire to preserve the whole Town from Burning But to comply in all things had been to forfeit their own Honours to justifie his Illegalities and Tyranny 2. The Second Means that the late King James employ'd for the Destruction of the Religion and Liberties of England was granting an Ecclesiastical Commission directly contrary to Law This declar'd by what Methods he intended to govern for every Step he made was a new Project to assert his Arbitrary Power and acquaint his Subjects that he would make all Laws Useless that all Power should rest in his own Hands and the Administration be Issu'd from no other Source but his own Will and Pleasure for there was no Occasion for such a Commission but only to shew what he would be at and declare his Purpose to ruin the Church of England Therefore the Commissioners were Devoto's of the Court for the Archbishop's Name was put in but to grace the Matter They knew before that he would not Act and therefore to colour the Sham they oblig'd him to ask Leave to be absent To make this Commission more Illegal a Papist is appointed one of the Commissioners and the whole cloathed with as Absolute a Power as the late King himself was aspiring after They had not only Power to Repress and Punish all Abuses punishable by the Ecclesiastical Laws and to proceed against Offenders by Interdiction Suspention Excommunication Perpetual Imprisonment c. but they had also Power to Exercise their Authority in all Parts of England to Visit Cathedral-Churches the Universities Colleges Parishes Schools and Hospitals to Judge in all Causes and make new Laws Rules Orders and Statutes and Abolish the Old ones as the present Necessity requir'd notwithstanding any Privilege Statute Exemption or Prerogative to the contrary Which was such a boundless Stretch of Power as never had nor I hope never will have any other President than it self Thirdly He pursu'd his Arbitrary Methods by 3. Setting up Popery in Opposition to the National Religion to Ruin his Protestant Subjects and force the whole Kingdom under Subjection to the Papal Laws which had already sentenc'd them to Destruction and that nothing less could be the Design of this Unhappy Monarch will evidently appear if we consider how Popery represents us to the World and how Papists think themselves oblig'd to treat us under those Characters The modestest Terms the Popish Writers can afford the English Protestants is That they are a Pack of Sacrilegious Usurpers of their Church's Patrimony and a Nest of Obstinate Hereticks that ought to be Sacrific'd to their Revenge and Rooted out of the World by any Means whatsoever and this say they is always to be attempted by every good Prince according to Bellarmine's Salvo Ne sint fortiores nobis Unless they be too strong to be subdu'd For otherwise even Massacres are never condemned but when they are unsuccessful And how then they would have us'd us if they could have established their Mischiess by Laws as Bloody as their Minds let the Marian Persecution acquaintus And why should we tempt them again whose Religion is Cruelty and smells so much of Fire that the very Smoak makes us tremble The Laws of England always intend the Preservation of the Subject but Popery when Triumphant in respect of Protestants is destructive to all Laws contrary to the Law of Society to the Law of Government to the Law of Empire to the Law of Royalty and especially to the Laws of a Mix'd Monarchy such as England's are and Protestants can never be safe where 't is Regnant First 1. Popery is against the Laws of Society in all Protestant Countries as well as in England for according to the Romish Tradition the Reform'd are all Hereticks and as such are Ipso Facto depriv'd of the Right they had to their Goods their Children their Liberty their Privileges and even of their Country and ought to be regarded only as Robbers * Becan Theol Scol p. 1. cap. 15. quaest 6. Thieves Murtherers Rebels and Traytors condemn'd to Death by the Church and ought to be deliver'd to the Secular Power to be Executed And to compleat the Tragedy that Holy Church appoints prodigious Recompences to Princes that Exterminate them and Anathematize those that refuse it Now whilst a Popish Prince lies under the Persuasion that his Protestant Subjects are such as his Church represents them that they are not a People nor have Right to any thing they possess he lies under so great a Temptation to destroy them that they had no Reason in the World to trust him with their Lives or suffer him to set up a Power that will inevitably destroy them Secondly 2. It is not less Incompatible with the Law of Government for that is design'd to Protect and Defend And how can that
of his People to prevent Distractions and the effusion of Christian Blood to call a Parliament free in all its circumstances but the late King was pleas'd to Deny their Request till the Prince of Orange had acquitted the Realm * vid. his Answer to the Lord's Petition Several Privy Counsellors before this had advis'd his Majesty to call a Parliament without delay and before his Subjects Ask'd it assuring him that if any attempts were made upon his Royal Person or Authority it would effectually engage many honest Men to stand by him besides no ill consequences could be suspected from it because it would always be in his Power to Prorogue or Dissolve it and then he might at the last Shift trust to his Land and Sea Forces But The Jesuites who had his Ear and Heart entirely open and fix'd to their pernicious Counsels on the other hand represented to him that he would be in Danger to see the great Forces which he had then on foot join with his Parliament against him or at least Discontents and Divisions would arise amongst them But if he stood his Ground and suffer'd no Parliament to meet All would faithfully adhere to him so long as he absolutely rely'd on his Forces And accordingly he took this last and worst Advice and would never be brought off till it ended in his Ruin In order to fight the Prince the late King having sent a great Army before he marches down to Salisbury himself where continuing a while and finding his Army daily Desert and being assur'd by the Lord Feversham and others that he could not Rely upon the remaining part of his Soldiery who unanimously declar'd they would not fight against Protestants nor offend the Prince that Heaven had sent for the Deliverance of the Nation from Popery with a very small Number of Attendants the late King returns again to London and in Council orders the Lord Chancellor Jeoffreys to * vid. the Proclamation dat Nov. 30th 1688. Issue out Writs for the Sitting of a Parliament at Westminster on the 15th Day of January following And To second this plausible Pretence of Gratifying the Prince and the whole Nation in Calling a Parliament the late King by three Noble Peers sets on foot a Treaty with the Prince for the Security of the Parliament's Sitting without Interruption the Accommodating all Differences and Restoring Peace and Tranquility to the Nation The Prince freely accepts it and with the Advice of the Lords and Gentlemen assembl'd with him his Highness was pleas'd to send the late King such Proposals as he was pleas'd to say * The Letter to a Bishop q. 14. were Better and Fairer than he could or did expect from him But all this on the late King's part was only a Flourish a Touch of the Jesuits Morals for the late King never intended to perform one Syllable of these Specious Pretences and therefore having sent away the Queen the Child Count Dada the Pope's Nuntio Father Petre and caused the Broad Seal to be thrown into the Thames he only shew'd this Complaisance to Gain Time for his own Departure into France after them What a fair Opportunity was now at the very last put into the late King's Hands to have Redeem'd his Honour Settl'd the Nation and prevented all ill Consequences to his Person and Affairs if he had pursu'd his own propos'd Methods for an Accommodation and kept his Voluntary Promises but he would not So that we can solve these Self-sought Evils no otherwise but by saying What Heaven in the Eternal Council of his own Will has Decreed can never be Revok'd and that for the Accomplishing God's Divine Pleasure Men act directly contrary to their own Interests which has been notorious in the whole Conduct of this Unhappy Prince and has been Jocosely observ'd by others I remember to have seen a Letter written into France from Ireland by a French Commander there giving an Account of the late King James's Management of his Affairs in that Kingdom wherein he expresses himself after this manner That if the late King James had as many Kingdoms to lose as are number'd in Europe his own Conduct would forfeit them all for if he had Twenty Counsellors and Nineteen of them were Men of approv'd Wisdom and Integrety and but one Fool and sensless Person among them he would certainly follow the advice of that blind Bayard in opposition to all the other Sages But Without reflecting upon his Counsellors the late King confirm'd the French Gentleman's Opinion of himself in pursuing the False and Destructive Opinions of those that advised him to withdraw himself against the wholesome Counsels of so many Wise Men that advis'd Calling of a Parliament in order to his own and the Nation 's future Happiness and made it appear a Project so weak and silly that there seems something of a Divine Infatuation in it But he had promis'd the Queen and as some say taken the Sacrament upon it to follow her and thought fit rather to break his Promise with a whole Nation than not humour a pettish Woman Go he must go he will let whatever will be the Consequence of it And therefore to do all the Mischief he could before he went and leave the Realm in all the Confusion was possible He Order'd all those Writs for the Sitting of a Parliament that were not sent out to be burnt and a Caveat to be Enter'd against the making use of those that were sent out and about the same time sent Orders to the Earl of Feversham to Disband the Army and Dismiss the Soldiers which was done accordingly And then the late King made his first Attempt to leave the Kingdom How could the Jesuits have done their King a greater Injury than in persuading him to a continual Breach of his Promises which expos'd his Honour and Integrity to common Censure and drew the Contempt of the whole Nation upon him as a Prince never to be trusted At his first Accession to the Throne one of the Things his Favourites magnify'd him for was for being True to his Word but he resolv'd to prove the contrary and break it in every Instance He promis'd to protect the Church of England and maintain the Protestant Religion when his whole Design was to destroy both and declar'd it in every Action He promised to Govern by Law and not Arbitrarily and at the same time was Investing himself and his Ministers with a Power to destroy them He promis'd an equal Distribution of his Favours and that he would serve himself and the Government indifferently with the Use of All his Subects yet set up Papists to crush the Protestants And when driven to the last Extremity when his All was at Stake He promis'd to Call a Parliament when he was resolv'd it should have no Effect and therefore burnt the Writs to hinder their Sitting He promis'd by this Means to secure the Peace and Happiness of the Kingdom when he had resolv'd before-hand