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A46942 An argument proving, that the abrogation of King James by the people of England from the regal throne, and the promotion of the Prince of Orange, one of the royal family, to throne of the kingdom in his stead, was according to the constitution of the English government, and prescribed by it in opposition to all the false and treacherous hypotheses, of usurpation, conquest, desertion, and of taking the powers that are upon content / by Samuel Johnson. Johnson, Samuel, 1649-1703. 1692 (1692) Wing J821; ESTC R2049 28,065 64

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rather to be made an Example than a Secretary But I humbly take my leave You Represent the Body of the Brave English Nation you have my Prayers and long since had my Heart AN ARGUMENT PROVING That the Abrogation of King Iames by the People of England from the Regal Throne and the Promotion of the Prince of Orange one of the Royal Family to the Throne of the Kingdom in his stead was according to the Constitution of the English Government and Prescribed by it THE Argument IN this ensuing Argument which will be very short I have but these two Points to clear The one of Fact The other of Right First That the People of England did actually Abrogate or Dethrone King James the Second for Misgovernment and promoted the Prince of Orange in his stead Secondly That this Proceeding of theirs was according to the English Constitution and prescribed by it First This Matter of Fact being so fresh in our Memory needs not to be so industriously proved The Act 1 o William and Mary declaring the Rights and Liberties of the Subject and settling the Succession of the Crown recites the very Instrument of Conveyance of the Crown to the Prince and Princess which begins in these words Whereas the late King James the Second by the Assistance of divers Evil Counsellors Iudges and Ministers imployed by him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom which is there made out by an enumeration of sundry Particulars And not long after there are these words And whereas the late King James the Second having Abdicated the Government and the Throne being thereby Vacant the two Houses of Parliament do thereupon invest the Prince and Princess of Orange with the Crown King Iames endeavoured to subvert the Government as they favourably word it or rather he had long before wholly subverted and overthrown the Government as the Prince of Orange's Declaration speaks which this very Act has annex'd and made parcel of the Crown and expresses to be the only Means of Redressing that Mischief There is but one doubtful Word in all that I have recited which some People make a hard Word and that is King Iames's Abdicating the Government which no Man would stumble at who had read Tully in his third Philippick who says thus concerning Mark Anthony that for his offering a Crown to Caesar Eo die non modo Consulatu sed etiam Libertate se Abdicavit esset enim ipsi certè statim serviendum si Caesar ab eo Regni insigne accipere voluisset At that time he not only Abdicated his Consulship but his Liberty for if Caesar would have accepted the Crown Mark Anthony must presently have turned Slave Now Mark Anthony by this Action did not expresly renounce his Consulship or Liberty or run away from both of them but he did that which was inconsistent with them both HE FORFEITED THEM BOTH which is the true import of that Phrase The second thing is the Point of Right That this Proceeding of the People of England was agreeable to the English Constitution and prescribed by it To make this out I need only recite the Declaration of the Lords and Commons 10 th Rich. 2. in their Message to the King then at Eltham Knyghton pag. 2683. Domine Rex SET unum aliud de nuncio nostro superest Nobis ex parte Populi vestri Vobis intimare Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito Si Rex maligno consilio quocunque vel inepta contumacia aut contemptu seu proterva voluntate singulari aut quovis modo irregulari se alienaverit à Populo suo nec voluerit per Jura Regni Statuta laudabiles Ordinationes cum salubri Consilio Dominorum Procerum Regni gubernari regulari set capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve exercere Ex tunc licitum est eis cum Communi assensu consensu Populi Regni ipsum Regem de regali Solio abrogare ET PROPINQUIOREM ALIQUEM DE STIRPE REGIA LOC● EJUS IN REGNI SOLIO SUBLIMARE Our Lord the King BUT there is moreover one part of our Message still left to acquaint you withall in the Name of your People They have it by ancient Statute and by a late doleful Instance that in case the King shall alienate himself from his People by any bad Advice whatsoever or foolish Contumacy or Contempt or Self-will or any other irregular Way and will not be govern'd and ruled by the Laws Statutes and laudable Ordinances of the Realm with the wholesom Advice of the Lords and Peers of the Realm but in a Head-strong way will exercise his own Self-will From thence-forward it is lawful for them with the common Assent and Consent of the People of the Realm to Depose the King from the Regal Throne and to promote some K insman of his of the Royal Family to the Throne of the Kingdom in his stead Here the Parliament laid down the Law before the King and gave him fair Warning thirteen Years before they thought of putting it in Execution for this was in the Tenth of his Reign and he reigned three and twenty Years And as for the Statute they quote it must needs be a very ancient Statute because the Deposing of Edw. 2. who was his Great-Grandfather in comparison of that is represented but as of Yesterday This Declaration of the Lords and Commons the King could not gain-say and they gained their Point upon him by it to bring him to Parliament And it is not to be believed that the Parliament of England would affirm they had such an Ancient Statute when they had not It remains therefore to consider how we come by this Record seeing it is not upon the Rolls in the Tower but 't is no strange thing it should not be there because it is the four and twentieth Article in the Charge against Richard the Second afterwards in the three and twentieth Year of his Reign Et praeterea Rotulos Recordorum Statum gubernationem Regni sui tangentium praedictus Rex deleri abradi fecit in magnum praejudicium Populi exhaeredationem Coronae Regni praedicti ut verisimiliter creditur in favorem sustentationem sui mali Regiminis And besides the said King caused the Rolls of the Records touching the State and Government of his Realm to be defac'd and razed to the great prejudice of his People and disherison of the Crown of the said Realm and as is credibly thought in favour and support of his Male-Administration The only means left us in such a Case where the Records of the Tower fail us is to have recourse to the undoubted History of that Age which was written upon the Spot Such is Knyghton's Authority whose History was both written and finished and closed up in that