Dissenter of one sort himself The King therefore that was so lately could not really put the Catholicks upon Conformity and if he would appear equal to all his People he could not put â—ny other Dissenters on it neither for the same Cause That which the Law requires was both in his Conscience and in theirs a thing prohibited of God. He could not therefore put the Laws in Execution being against God. And if He could not do it acting only but as an honest Man that abides by his Principles we have no reason to apprehend that so good a King and Queen as we have now should be ever brought to do it maugre all the Enticements of the Church of England or Frowns of the Church of Rome FINIS ADVERTISEMENT A Third Volume of Sermons Preached by the Late Reverend and Learned Thomas Manton D.D. In Two Parts The First containing LXVI Sermons on the Eleventh Chapter of the Hebrews With a Treatise of the Life of Faith. The Second containing a Treatise of Self-Denial With Several Sermons on the Sacrament of the Lord's-Supper And other Occasions With an Alphabetical-Table to the Whole Sold by Thomas Parkhurst and Ionathan Robinson ELEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. An Answer to the Desertion Discuss'd being a Defence of the late and present Proceedings II. Satisfaction tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of Fealty and Allegiance III. Dr. Oates his Petition to the Parliament declaring his barbarous Sufferings by the Papists IV. An Account of the Convention of Scotland V. A Speech made by a Member of the Convention of the Estates in Scotland VI. The Grounds on which the Estates of Scotland declared the Right of the Crown of Scotland Forfaulted and the Throne become Vacant VII The Opinion of two eminent Parliament-Men justifying the Lawfulness of taking the Oaths of Allegiance to King William and Queen Mary London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. AN ANSWER TO THE DESERTION DISCUSS'D IF many of our Long-Rob'd Divines pust up with a Conceit of their own Parts would but keep closer to their Texts and their Duties most certainly our Peace and Union would be much firmer and more assured then it is For being sway'd by Interest and Profit they are more afraid of losing the Advantages of Earthly Preferment then the Treasures of Heavenly Felicity Unless they swim in their own Wishes and Desires all Things are out of Order The Church is in danger they cry here are Sharers coming in among Us And by an odd kind of Ecclesiastical Policy seem rather inclinable to return under the Yoke of Popery then to endure the Equality of a Dissenting Protestant rather to be at the check of a Pope's Nuncio then suffer the Fraternity of a Protestant Nonconformist They said nothing to the late King till he began to touch their Copy-holds then they call'd out for Help and now they are angry with their Relief because they are afraid of well they know not what And this is their Misfortune that if all things answer not the full Height of their Expectations they are the first that should be last dissatisfied If all things go not well as they imagine they presently grow moody and waspish and while they insinuate their empty Notions into others who admiring the fluency of their Pulpit Language either out of Ignorance or Laziness allow them a Prerogative over their Understandings the whole Nation must be embroyl'd by their Surmises and Mistrusts Else what had that Gentleman who wrote the Desertion Discuss'd to do to busy his Brains with a Subject neither appertaining to his Function nor proper for his Talent Why should he be setting himself up against the voted Judgment of â—he chiefest and greatest part of the Kingdom A Man of his Profession would have doubtless better employ'd himself in contemplating the Story of the Three Murmurers against Moses and there have learn'd a more sanctifi'd Lesson then to exalt his Sophistry against the Debates of a Solemn Assembly contriving the Publick Preservation For certainly never was a fairer Prospect then now since the many Revolutions under which the British Monarchy has labour'd of its being restor'd to its ancient Grandâ—ur and Renown and of enjoying the Advantages of Peace and Prosperity in a higher measure then ever So that it must be look'd upon as the Effect either of a most pernicious Malice or a strange distraction of Brain for such Discussers as these to be throwing about the Darnel of their nice and froward Conceptions on purpose to choak the Expectations of so glorious a Harvest For they must be Men that want the government of right Reason within themselves as being enslav'd either to vicious Custom or partial Affection or else they would never run themselves and others with so much precipitancy into the shame and ignominy of upholding the subvertors of National Constitutions And all this to blacken and defame the noble Endeavours and prudent Counsels of those renowned Patriots that pursu'd the only means to rescue a languishing Monarchy from impending Thraldom and Ruin. He does not wonder he says that a Man of so much sense and integrity as his Friend is should be surprized at the Thrones being declared Vacant by the Lower House of Convention For how says his Friend can the Seat of the Government be empty while the King who all grant had an unquestionable Title is still living But the Discusser here forgot that it had been the resolv'd Opinion of two Parliaments already That there was no Security for the Protestant Religion the King's Life or the establish'd Government of the Kingdom without passing a Bill for disabling the Duke of York to inherit the Imperial Crown of England and Ireland and that unless a Bill were pass'd for excluding the Duke of York the House could not give any Supply to the King without Danger to his Person the Hazard of the Protestant Religion and Breach of the Trust in them repos'd by the People Upon which a Bill did pass the Commons and was sent up to the Lords for their Concurrence by which Iames Duke of York was excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm c. and he adjudg'd Guilty of High Treason and to suffer the Pains and Penalties as in Case of High Treason if after such a Time he should claim challenge or attempt to possess or exercise any Authority or Jurisdiction as King c. in any of the said Dominions 'T is true the Lords did not pass this Bill for Reasons well known yet was it such a mutilation to the Duke's Title to be disabled from succeeding in the Kingdom by the whole Body of the Commons who are the Representatives of the Nation that it can never be said that all Men granted his Title unquestionable
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 in which we are and it is plain that the Rules set us 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 doinâ— and that he will both support us under our Sufferings and gloâ—iously 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 undâ—â—â—â—other 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 Iews 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 Cesar 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 Sovereign 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-Presâ—rvation 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 Liberties 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 aginst 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 vertue 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
by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supream Power Real has a Right to Renew or bring back And the most ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a Series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so model'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King. There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husband's Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which witâ—out Flattery is agreed on by all Men. 3. It asserts the above-said Power in the Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Iews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the Hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Iephthah Samson and others were invested by Heaven with the Supreme Authority And though Ioshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Iordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any Influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood It looks like so many Marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these of your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertte as Rashness is a Vice. For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour
of the Law of Nature did not press us at this time to come to some speedy and pertinent Determinations as to the business especially of settling the Government that Nicety which seems to be promoted and set afoot in all our Counsels might considering the Weightiness of the business in hand rather claim the just Commendation and Applauses of every good Man than as it seems now fall under their Censure and I may say Indignation If the matter debated were extraneous and the Kingdom within it self peaceably and firmly settled if the Circumstances of our Affairs were ordinary and usual and could admit of an unlimited time for their Decision if we were secure from injurious Resolutions of our Enemies abroad or from the private Machinations of disaffected Persons at home If these â—hings were so it were worthy the Wisdom of those who by their unseasonable Scruples so generally resolv'd against and now again by them started may seem either ignorant of the desperate languishing condition of these Kingdoms at present or prejudic'd and dis-affected to the Eâ—ace and Settlement of them for the future I say it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair before they made any Determination of the General As we all acknowledg the extraordinary Circumstances of this Juncture so they themselves have not been a little contributing to this happy Revolution The Prince's first Declaration tells us he had the Invitation of the Lords Spiritual and Temporal Was it Justice and agreeable to Conscience then to call for Foreign Arms to assist us against our own King in the recovery of those Rights Liberties and Properties which contrary to Law he had invaded and taken from us And is it now become a Scruple in those same Consciences to be confirm'd in those Rights c. by the same Arms and Power Is that pretended absolute unlimited Power which in their Prayers and Sermons they have so often nibbled at and endavoured to retrench now in its just Debasement become so Inviolable and Sacred that it must become a Point of Faith entirely to submit to it Has this small fit of Fear and Discouragement in our implacable Enemies so well secur'd us from any future Enchroachments that we need not be careful of any further Assurance Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd and the rest justly fear'd as to free them from all Apprehensions for the future What is it these Gentlemen would be at what do they fear Is it without Reason without Justice without Precedent that we desire to be everlastingly secur'd from Popery Slavery Not without Reason for when we have seen many of our fairest Branches lopp'd off many of our Liberties invaded many of our Laws perverted and the Axe at last laid to the Root of our Government 't is high time then I say to provide for our our Safety and to put a stop to that Current which would have quickly over-run and drowned us Not without Justice for where my Life and Property is hunted after and assaulted I may by the Law of God and Man â—epel the Injury and stand in my own Vindication Not without Precedent even in Protestant Kingdoms not to mention the Romanists who both teach and practise the Deposing of evil and wicked Magistrates and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent it may easily be prov'd that which hath been done of late in this Nation hath been in great part formerly presented and allowed of upon Foreign Stages yea and not many Years out of the Memory of some yet living if we would but look into the Actions of other Regions and those too wherein the Reform'd Religion is professed we shall find that they by their publick Records acknowledged that in case of Tyranny and Oppression it was lawful not only to defend their Lives and Liberties against all Assaults but reduce and declare the Persons so offending incapable of holding the Government A lively Example of this and almost exactly parallel with ours was the Case of Sigismond the Third Hereditary King of Sweden who by a Convention of the States of that Kingdom was Excluded even with his Heirs a Severity which both the Honourable Houses of Parliament here have with great Justice and Wisdom declined from that Crown for ever Some of the Articles drawn up against him were these First For swerving from their received Christian Religion as also from his Oath and Promise and Solemn Engagement made to his People at his Coronation to preserve their Rights and Priviledges as also their Holy Reform'd Religion Inviolated For departing the Country without the Consent and unwilling to the States and Orders of the Realm For exporting several Acts of great Concernment out of the Cancellarie For prosecuting such as would not embrace or favour the Romish Superstition For contemning and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm and the Establishment of the Protestant Reformed Religion For raising up what Enemies he could against his Native Country thereby to involve his Subjects in a Deluge of Blood which he intended and had almost effected For inhumanely designing and suborning Russians and Villains to Murder and Assassinate one of the chief Nobles for no other Reason but that out of Conscience and Duty he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these and many more Causes as the sending his Son out of the Land without the Consent of the States and causing him to be brought up and educated in the Romish Superstition did the Swedes submitting the same to the Judgment of all sincere and candid Arbitratours justify their Abdication for ever of King Sigismond the Third and his Heirs from the Crown of Sweden c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia vid. Spanheim 's Hist. of Sweden c. And in conclusion they pray for and doubt not of a candid Construction a benign and favourable Acceptation from all Christian Emperors Kings Princes States c. of this their Legitimate Defence and to vindicate them and their most equal Cause from all Calumny or eâ—il Interpretation whatsoever The Circumstances relating to this present Juncture in England bear so near a resemblance almost in all these Grievances objected against the said Sigismond that our late King by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to have breath'd his Soul rather than to have copy'd after him though indeed in some Cases he has plainly out-done the Original especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden I cannot apprehend how it can lessen our Judgments or Integrity our Piety or our Loyalty to follow the Example of the Swedes excepting
Conscience sake If his Majesty now of Great Britain out of some deep Sense that he being a Roman Catholick cannot rule and be true to his Religion which he may suppose does oblige him to an Establishment thereof by all the ways and means of his Church though never so destructive to ours but it will be to the Hurt not Good of us who are Protestants hath been pleased to withdraw himself from his Government to make us more quiet and happy We are in all Gratitude to acknowledg his Piety Goodness and Condescention to be so much as very few of his Subjects could ever have suspected But if it be out of another Mind he hath done it We have still more Reason to bless Almighty God who does often serve his Providence by Mens Improvidence and cutting off Mens Ends from their Means he uses their Means to his own Ends when he is pleased to work Deliverance for a People as he hath at this Season so graciously and wonderfully done for Us that there is nothing more needful even to the most scrupulous Conscience than an humble and awful Acquiescence in the Divine Counsel to give Satisfaction in this Matter King IAMES the First his Opinion of a KING of a TYRANT and of the English Laws Rights and Priviledges In two Speeches The First to the Parliament 1603 the Second 1609. In his Speech to the Parliament 1603 he expresseth himself thus I Do acknowledg that the special and greatest Point of difference that is betwixt a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites The Righteous and Iust King doth by the contrary acknowledg himself to be Ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal worldly Felicity must consist in their Prosperity If you be Rich I cannot be Poor if you be Happy I cannot but be Fortunate And I protest your Welfare shall ever be my greatest Care and Contentment And that I am a Servant it is most true that as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body then as the Head is ordained for the Body aâ—d not the Body for the Head so must a Righteous King know himself to be ordained for his People and not his People for Him. Wherefore I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-Wealth and ever think the Prosperity thereof to be my greatest Felilicity c. In his Speech to the Parliament March 21. 1609 he expresseth himself thus IN these our Times we are to distinguish betwixt the State of Kings in the first Original and between the State of settled Kings and Monarchs that do at this Time Govern in Civil Kingdoms For even as God during the Time of the Old Testament spake by Oracles and wrought by Miracles yet how soon it pleased him to settle a Church which was Bought and Redeemed by the Blood of his only Son Christ then was there a Cessation of both He ever after governing his Church and People within the Limits of his revealed Will. So in the first Original of Kings whereof some had their beginning by Conquest and some by Election of the People their Wills at that Time served for a Law yet how soon Kingdoms began to be settled in Civility and Policy then did Kings set down their Minds by Laws which are properly made by the King only but at the Rogation of the People the King 's Grant being obtained thereunto and so the King came to be Lex loquens a speaking Law after a sort binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom Tacitly as by being a King and so bound to protect as well the People as the Laws of his Kingdom and expresly by his Oath at his Coronation So as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto according to that Paction which God made with Noah after the Deluge Hereafter Seed-time and Harvest Summer and Winter Cold and Heat Day and Night shall not cease so long as the Earth remains And â—herefore a King Governing in a settled Kingdom leaves to be a King and degenerâ—tes into a Tyrant as soon as he leaves off to rule according to his Laws In which Case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon Either Govern according to your Law aut ne Rex â—is or cease to be King and tho no Christian Man ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunished when they transgress these Limits For in that same Psalm where God saith to Kings Vos Dii estis Ye are Gods He immediately thereafter conclude But ye shall die like Men The higher we are placed the greater shall our Fall be Vt casus sic dolor as the Fall so the Griâ—f the taller the Trees be the more in danger of the Wind and the Tempest beats sorest upon the highest Mountains Therefore all Kings that are no Tyrants or Perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers and Pests both against them and the Common-Wealth For it is a great difference betwixt a King's Government in a settled Estate and what Kings in their Original Power might do in Individio vago As for my part I thank God I have ever given good proof that I never had Intention to the contrary And I am sure to go to my Grave with that Reputation and Comfort That never King was in all his Time more careful to have his Laws duly observed and himself to govern thereafter than I. That Just Kings will ever be willing to declare what they will do if they will not incur the Curse of God. I will not be content that my Power be disputed upon but I shall ever be willing to make the Reason appear of all my Doings and rule my Actions according to the Laws And afterwards speaking of the Common Law of England which some conceived he contemned saith to this purpose That as a King he had least cause of any Man to dislike the Common Law for no Law can be more favourable or advantageous for a King and extendeth further his Prerogative than it doth and for a King of England to despise the Common Law is to neglect his own Crown It is true that no Kingdom in the World but every one of them hath their own Municipal Laws agreeable to their Customs as this Kingdom hath the Common Law. Nay I am so far from disallowing the Common
the Act and Oath of Council that such Confession should not militate yet they have brought it in as Evidence and given it upon Oath when their former Act and Oath was produced in open Court in Demonstration of their Perjury They used frequently to pack Juries picking out such as they thought any thing tender and not bloody enough and sometimes listed some who they concluded would not concur that thereupon they might get occasion to exact their Fines Sometimes when the Jury hath brought in their Verdict in Favour of the Pannal they have made them return and resume the Cognition of the Process again and threatned them with an Assize of Error if they did not bring him in Guilty yea frequently the Advocate theatned them under most peremptory Certifications if they found not the Impannalled Guilty so that their using Juries was but for the Fashion They have sentenced innocent Persons twice once to have their Ears cut off and banished and after the lopping of their Ears they have re-examined them and sentenced them to Death They used to stage several together of whom they knew some would comply to tantalize others with the sight of their Liberty thereby tempting them to bite more eagerly at their snaring Baits to wound the Conscience They have not only Murdered many innocent Christians in taking their Lives but also endevouâ—ed to Murder their Reputation and the Cause they owned loading it with most reproachful Epithets which was their peculiar Policy to bring the Heads of Suffering to Points most obnoxious to common Censer and most Extrinsick to Religion cutting off the Faithful Professors of Religion and true Lovers of Liberty under the odium of Enemies to Government Some they arraigned whom they could neither reach by adducing many Witnesses against in Tryal nor by their Examination with their cruel Torture of the Boots yet hath had their whole Estate seized and also been sent to Pâ—ison in a Rock within the Sea without being convicted of any Crime They finding their means and motions under Colour of Law and Trials were too slow and troublesome to acquire their designed Cruelties and that the publick Executions tended more to confirm and multiply the Lovers of Religion and Liberty than to diminish and deter took a more compendious way of sending out thâ—ir Souldiers impowered to challenge and examine whom they pleased and to tender Oaths required by no Law and to punish such by present Death who refused to swear or scrupled to answer their ensnaring Qâ—estion which bloody Commissions were so faithfully Executed that within few Weeks above fifty innocent Persons were cruelly murdered in cold Blood without either Tâ—yal or Convâ—â—â—â—on or respeâ—t to Age or Sex. Although the Multitudes of Familâ—es ruined by Exorbitant Finingâ— Forfeitures Banishments Imprisonments Free quaâ—terings and Plunderings of Souldierâ— and Barbarities of their Highland Host the many cruel Edicts and Proclamations they have published the unlawful Bonds and wicked self-contradicting Oaths imposed and pressed the many Exactions whereby they have impoverished the Country the many open Oppressions horrid Tortures and Cruelties practised upon Innocents the multitudes of Persons Male and Female whom they have Murdered Persecuted Oppressed and Destroyed are so many and various that they cannot be collected Yet some have been at no small pains to gether as much of these as when published in a Martyrology of these times which is purposed to be done with all convenient speed will give the World to know as well the Faithfulness Patience Courage and Constancy of these who suffered together with the Equity of their Cause as the Inhumanity Illegality and Severity of their Cruel and Bloody Persecutors The Late Honourable CONVENTION proved a Legal PARLIAMENT I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of settling the Government especially the Writs being destroyed and the Great Seal carryed away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Pâ—blick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth His Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in Fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Ch. the 2d had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17 th of that Sessions all the Judges allowed of this as an Act of Parliament tho' never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than halâ— the number of the Commons duly chosen in King Ch. the 2 d's time besides the great Body of the City of London being at least esteem'd a 5 th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Asâ—embled in Parliament that the Lords and Common then Sitting at Westminster in the present Parliament were thâ— two Houses of Parliament
notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon â—ame and defective Probation as particularly the late Earl of Aâ—gyle are contraiâ— to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burgâ—s contrair to the Liberties and express Charters is contrair to Law. That the sending Leâ—ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the â—ending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of Free Quarter is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrair to Law. That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrair to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances and for the amending strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted And from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland Be and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt Lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King WILLIAM and Queen MARY So help me God. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses
or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me J A. DALRYMPLE Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. the Earl of Argyle Sir Iames Montgomery of Skelmerly and Sir Iohn Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at 3 of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the banqueting-Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a rich Canopy they first presented a Letter from the Estates to His Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and read to Their Majesties the King returned to the Commissioners the following Answer When I engaged in this Undertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word distinctly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation-OATH of England The Arch-Bishop or Bishop shall say WIll You solemnly Promise and Swear to Govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-Bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-Bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Queen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep. So help me God. Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland Faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the Landable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all Persons without exception as the Lord and Father of all Mercies shall be merciful to uâ— And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY FINIS a a Distinct. 19. cap. a Caus. 25. q. 1. cap. 11. b b Cap. Vergent de Hereticis c c Cap. Infam 6. q. 1. p. 297. d d Suar. de Fide disp 12. §. 9. n. â— l. 2. c. 29. e e Cap. de Haer. f f Aâ—zoâ— Tom. 1. l. 8. c. 12. q. 7. g g Cap. 2. Sect. fin de Haer. in 6. h h Cap. cum secundum Legis de Haer. Inno III. cap. de Vergentis i i Vasque in Suar. disp 22. S. 4. n. 11. k k S. 1. n. 5. l l Cap. Vergent de Haer. m m Cap. ad abolendum de Haâ—r Suâ—r Dis. 23. Bul. Vrb. 4. Inno. 4. n n Jac. de Gra. decis l. 2. c. 9. n. 2. o o Bonacina Diano Castro Molanus c. Car. Allen. ad mon. to Nobl. Peop. p. 41. p p â—riess of P. G. 13. Clem. 8. q q 5. Ies. Trial p. 28. r r Col. Lr. â—o the Internâ—ncio s s Prance 's Nar. p. 4. t t Caus. Ep. p. 189. u u Five Ies. Tâ—iâ—ls p. 2â— x x Caput Offiâ—â—â—m y y Bonâ—ciâ—â—a dâ— prinâ— prat Disp. 3. q. 2. z z Parson 's Philop. p. 109. a a Becan Cont. Aug. p. 131 132. In Fowlis p. 60. b b Oats 's Nar. p. 4. N. 5 c. c c Hist. Ref. p. 110. a a Prout Regalis Officii exposcit utilitas b b Sicome le profit de Office Demaunde The Kingly or Regal Office of this Realm Mar. Sess. 3. cap. 1. Give us a King to judg us 1 Sam. 8.5 6 20. 18 Edw. III. 20 Edw. III. Cap. 1 2. 1 Iac. 1. cap. 1. 35 H. 8. cap. 1. 6 E. 6.11.1 2 3. Om. 10. 1 El. 6. 1 El. 3. Church-man
his time than be justly reproach'd and curs'd to the End of the World by all such as love the Protestant Religion and ancient Government of England for appearing too late in their Defence The Example of Henry the Fourth of France may teach us how hard it is for a Protestant Prince to obtain his Right where the Catholick Religion is predominant nor was the new Armour of Popery he put on at last sufficient to defend the old Protestant against the Stab of a Jesuited Novitiate 4. His fourth Reflection acquaints us the Protestant Religion is at once expos'd and hazarded for if the King prevail what can the Prince of Orange's sort of Protestants expect at his Hands which are indeed all sorts of Protestants that I know of for the Presbyterians Independants Phanaticks Church-of-England Men are in his Army 'T is fair warning and I hope God will give the Protestants Grace to make the right use of it As for their changing Masters 't is a Chimera of his own and utterly foreign to the Declaration he pretends to reflect upon Lest we should forget he remindâ— us with that admirable Demonstration of I say that the whole Protestant Religion is at stake for which I heartily thank our worthy Reflector for tho it be very true we had not seen it in Print but for him 5. In his fifth Reflection he tells us that some Laws are better broken than kept which will not be easily granted 't is indeed true that some Laws were better be repealed than continued But then they must be null'd by the same Power they were constituted and not by any part of it in contradiction to the whole His instance is That Christianity could not have been introduc'd had the Pagan Laws been executed by which Parallel he would warrant Popery to be the true Christianity and the Protestant the Heathen Persecutors Laws for Idolatry cannot bind therefore Laws against it cannot a very strange Inference and I allow that a Lawful Authority by exceeding their just Bounds may act unlawfully but the Legislative Power cannot since all over the World the Supream Power ever was absolute be it in one or more He says no Man is obliged to maintain a Religion that is not true be it never so legally established So that it is but saying the Protestant Religion is not true and His Majesty notwithstanding his repeated Ingagements is no longer bound to protect it For in the words of our Reflector 't is an Absurdity and Impiety to do so 6. The sixth thing considerable in our Reflector is his Defence of the Dispensing Power and the use His Majesty seduc'd by his Evil Councellors makes of it which is no other than the setting aside of all our Laws made for the Security of the Protestant Religion but sure such a Prerogative can never be legally vested in the Crown which if admitted were the destruction of all Law. Had those Evil Counsellors only prevailed with his Majesty to have dispensed with the Penalties inflicted on Catholicks and other Dissenters for serving of God according to their particular Consciences though perhaps contrary to Law the matter had never been complained of But to put them into Places of the highest Trust to make one Lieutenant of Ireland another President of the Council a third Lieutenenant General of the Tower a fourth a Judg imploying numbers of them in the Army Court c. is a Transgression of the Law which is certainly very dangerous if not immediately yet inevitable in its Consequences to the Protestant Religion and Government and therefore a Mischief remote only as an Egg is from a Chicken from the worthy Reflector's Malum in se which he acknowledges this Dispensing Power extends not to And the particular Catholicks breaking the Law in these Points are without Excuse For no Man is obliged in Conscience to be a Judg a Priest a Minister a Privy-Councellor a Courtier or a Souldier in time of Peace contrary to the Laws of the Land. Nor do those Laws deprive the King of the Service of any of his Subjects absolutely since all Men if they please may capacitate themselves for Imployment If the High-Commission-Court be at an end Magdalen-Colledge and the Bishop of London restored we may in all appearance thank the Honesty and Caution of some of its worthy Members and the Noise of what our Reflector calls the Prince of Orange's Invasion though some will say a Descent upon England made by a Prince of the Blood Married to the Eldest Daughter of the present King upon the Invitation of many Lords both Spiritual and Temporal and of the considerable Gentry Commonalty of all Counties might have deserved a fairer Name Nor ought any Man to complain if his honest Neighbour break violently into his House at a time when his Family cry out Fire or Murther the common Obligation of Humanity and a due care of their own Preservation exact no less of them But this Paper is not intended for a Vindication of the Prince I will therefore return to my Reflector again who undertakes for all good Protestants that they only refus'd to repeal the Test by reason of the Security it affords to their Religion As if they had cast off all care of their Civil Concerns and were only intent upon Religious Affairs so as to consent to give his Majesty a Majority of Papists in the House of Lords by which he might have two Negative Voices upon all Laws to be offer'd and an House of Pears ready to repeal the Habeas Corpus Bill and such Statutes as any ways seem to incumber what Papists think his Majesties Prerogative of which they maintain the Dispensing Power to be an Essential Part and well they may since it is the very Power by which he maintains them in Places and Imployments So that by leave of my worthy Reflector the Considerations of Religion tho they are the principal are not the only Reasons that have determined all good Protestants to a Non-concurrence with his Majesty in the Repeal of the Test. 8. In his eighth Reflection he tells us That Chappels are places of Devotion so are Turks Mosques and the Iews Synagogues yet no good Christian but would be offended to see them multiply'd and encouraged either in his own or his Neighbours Country 9. In his ninth he tells us The King was content the Test should remain I answer These Evil Counsellors were not content the Test should remain but sent their Regulators and other Agents to threaten promise remove and change the Magistrates in all Corporations in order to the procuring Members of Parliament such as were to enter the House under solemn Promises and firm Resolutions to take off the Penal Laws and Test notwithstanding all the weighty nay convincing Arguments they might meet with there to the contrary A desperate sort of Senators and fitter for Catalines Conspiracies than an English Parliament Nor did these Evil Counsellors cease to sollicit even Knights of the Shire till
his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas We are ingaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other Bloody Men We do therefore solmnly ingage to God and to one another That if any such Attempts be made upon Him We will pursue not only those that made them but all their Adherents and all we find in Arms against Us with the utmost Seveâ—â—ty of just Revenge in their Ruine and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage Us to carry it on with all the Vigor that so barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvous at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy-Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incâ—pable by the Establish'd Laws of our Land. 3. By destroying the Charters of most Corporations in the Land. 4. By discouraging all persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would contrary to their Consciences declare that to be Law which was meerly arbitrary 6. By branding all Men with the name of Rebels that but offered to justify the Laws in a legal Course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbiding the Subjects the benefit of Petitioning and construing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary Ends. And many more such like too long here to enumerate We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our Power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion and herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their tyrannical Insolencies and Usurpations for we assure our selves that no rational and unbyassed Person will judg it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will the Law and to resist such an one we justly esteem no Rebellion but a necessary Defence and in this Consideration we doubt not of all honest Mens Assistance and humbly hope for and implore the great God's Protection that turneth the Hearts of his People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei. The pesent restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledge Fellows is plain are but to still the people like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present storm that threatens the Papists be past assoon as they shall be resetled the former Oppression will be put on with greater vigour but we hope in vain is the Net spread in the sight of the Birds For 1. The Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho' the Popish Religion is the greatest Heresy And 2. Queen Mary's so ill observing her promises to the Suffolk-men that help'd her to her Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of NORFOLK's Speech to the Mayor of NORWICH on the First of December in the Market-place of Norwich Mr. MAYOR NOT doubting but you and the rest of your Body as well as the whole City and Country may be allarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE that we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a
with us a Force sufficient by the Blessing of God to defend us from the Violence of those Evil Counsellors And We being desirous that our Intentions in this may be rightly understood have for this end prepared this Declaration in which as We have hitherto given a true Account of the Reasons inducing us to it so we now think fit to declare that this our Expedition is intended for no other Design but to have a free and lawful Parliament assembled as soon as possible and that in order to this all the late Charters by which the Elections of Burgesses are limited contrary to the Ancient Custom shall be considered as null and of no force and likewise all Magistrates who have been injustly turned out shall forthwith resume their former Imployments as well as all the Buroughs of England shall return again to their Ancient Prescriptions and Charters And more particularly that the Ancient Charter of the great and famous City of London shall again be in force and that the Writs for the Members of Parliament shall be addressed to the proper Officers according to Law and Custom That also none be suffered to choose or to be chosen Members of Parliament but such as are qualified by Law and that the Members of Parliament being thus lawfully chosen they shall meet and sit in full Freedom that so the two Houses may concur in the preparing such Laws as they upon full and free debate shall judg necessary and convenient both for the confirming and executing the Law concerning the Test and such other Laws as are necessary for the Security and Maintenance of the Protestant Religion as likewise for making such Laws as may establish a good Agreement between the Church of England and all Protestant Dissenters as also for the covering and securing of all such who will live peaceably under the Government as becomes good Subjects from all Persecution upon the account of their Religion even Papists themselves not excepted and for the doing of all other things which the two Houses of Parliament shall find necessary for the Peace Honour and Safety of the Nation so that there may be no more danger of the Nations falling at any time hereafter under Arbitrary Government To this Parliament we will also refer the Enquiry into the Birth of the pretended Prince of Wales and of all things relating to it and to the Right of Succession And We for our part will concur in every thing that may procure the Peace and Happiness of the Nation which a Free and Lawful Parliament shall determine since We have nothing before our Eyes in this our Undertaking but the Preservation of the Protestant Religion the covering of all Men from Persecution for their Consciences and the securing to the whole Nation the free Enjoyment of all their Laws Rights and Liberties under a just and legal Government This is the Design that We have proposed to our Selves in appearing upon this occasion in Arms In the Conduct of which We will keep the Forces under our Command under all the strictness of Martial Discipline and take a special care that the People of the Countries through which we must march shall not suffer by their means and as soon as the State of the Nation will admit of it We promise that We will send back all those Foreign Forces that we have brought along with us We do therefore hope that all People will judg rightly of us and approve of these our Pâ—oceedings but We chiefly relie on the Blessing of God for the Success of this our Undertaking in which We place our whole and only Confidence We do in the last place invite and require all Persons whatsoever all the Peers of the Realm both Spiritual and Temporal all Lords-Lieutenants Deputy-Lieutenants and all Gentlemen Citizens and other Commons of all Ranks to come and assist us in order to the executing of this our Design against all such as shall endeavour to oppose us that so we may prevent all those Miseries which must needs follow upon the Nations being kept under Arbitrary Government and Slavery and that all the Violences and Disorders which have overturned the whole Constitution of the English Government may be fully redressed in a FREE AND LEGAL PARLIAMENT And We do likewise resolve that as soon as the Nations are brought to a State of Quiet We will take care that a Parliament shall be called in Scotland for the restoring the Ancient Constitution of that Kingdom and for bringing the Matters of Religion to such a Settlement that the People may live easie and happy and for putting an end to all the injust Violences that have been in a course of so many Years committed there We will also study to bring the Kingdom of Ireland to such a State that the Settlement there may be religiously observed and that the Protestant and British Interest there may be secured And we will endeavour by all possible means to procure such an Establishment in all the three Kingdoms that they may all live in a happy Union and Correspondence together and that the Protestant Religion and the Peace Honour and Happiness of those Nations may be established upon lasting Foundations Given under our Hand and Seal at our Court in the Hague the Tenth day of October in the Year 1688. WILLIAM HENRY PRINCE OF ORANGE By His Highnesses special Command C. HUYGENS. His Highnesses Additional Declaration AFter We had prepared and printed this our Declaration we have understood that the Subverters of the Religion and Laws of those Kingdoms hearing of our Preparations to assist the People against them have begun to retract some of the Arbitrary and Despotick Powers that they had assumed and to vacate some of their unjust Judgments and Decrees The sense of their Guilt and the distrust of their Force have induced them to offer to the City of London some seeming Relief from their great Oppressions hoping thereby to quiet the People and to divert them from demanding a Secure Reestablishment of their Religion and Laws under the shelter of our Arms. They do also give out that we intend to Conquer and Enslave the Nation and therefore it is that we have thought fit to add a few words to our Declaration We are confident that no Persons can have such hard Thoughts of us as to imagine that we have any other Design in this Undertaking than to procure a Settlement of the Religion and of the Liberties and Properties of the Subjects upon so sure a Foundation that there may be no danger of the Nation 's relapsing into the like Miseries at any time hereafter And as the Forces we have brought along with us are utterly disproportioned to that wicked Design of Conquering the Nation if we were capable of intending it so the great Numbers of the principal Nobility and Gentry that are Men of Eminent Quality and Estates and Persons of known Integrity and Zeal both for the Religion and Government of England many of them
have heard forfeit all Right either to chuse or be chosen in any Publick Councils And then all Laws which have been made for the Protestants and against the Popish Religion will be null and void as being enacted by an incompetent Authority as being the Acts of Hereticks Kings Lords and Commons who had forfeited all their Rights and Priviledges But Thirdly suppose our Laws were valid as enacted by competent Authority and such good and wholsome Provisions as were those Statutes made by our Popish Ancestors in those Statutes of Provisoes in Edward the I. Edward the III. Time and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions Yet being against the Laws and Canons of Holy Church the Sovereign Authority they will be all superseded For so they determine That when the Canon and the Civil Laws clash one requiring what the other allows not the Church-Law must have the observance and that of the State neglected And Constitutions they say made against the Canons and Decrees of the Roman Biâ—hops are of no moment Their best Authors are positive of it And our own Experience and Histories testify the Truth thereof For how were those good Laws before-mention'd defeated by the Pope's Authority so that there was no effectual Execution thereof till Henry the 8 th's Time as Dr. Burnet tells us And how have the good Laws to suppress and prevent Popery been very much obstructed in their Execution by Popish Influence An Answer to a late Pamphlet Intituled A Short Scheme of the Usurpations of the Crown of England c. THE World may very justly wonder at several Passages in this ill-designed and as ill-writ Pamphlet which the Author has taken the pains to collect from some petty Grubstreet Chronicle Henry II. is call'd an Usurper pag. 4. because he accepted of the Crown of England in his Mothers Life-time tho' by her not opposing his Claim it may very reasonably be concluded that she freely consented to his Promotion as the most effectual means to secure the Crown to her Posterity But we are told That a Crown is no Estate to be made over in Trust If our Author's meaning is that a Crown is an Estate which the Possessor cannot divest himself of by a voluntary Resignation both Reason and a multitulde of Examples in several Ages and â—ations prove that the Principle our Author has laid down is founded on a gross Mistake Therefore if our Author designs to publish any more Schemes of Usurpation let him first inform us what it is and how far it extends lest the World should accuse him of having as notoriously usurped to himself the Title of a Writer as any of our Princes ever did the Crown of England He would perswade his Readers to believe that God punish'd King Edward III. and King Henry V. for their Usurpations with frequent and unexpected Victories in the acquisition of which tho' there was some English Blood shed as it was impossible it should be otherwise yet the Enemies paid an excessive Price for it after the defeat of their great Armies and the Imprisonment of their King they being forced to buy their Peace upon such Terms as our conquering Usurpers pleased to impose Nor did ever any well-wisher to the English Nation deny that these Two Princes were the Glory of their Age and of our British History If I should reckon up all the evident Mistakes and false Inferences in this Libel it would be too tedious since a careless Eye cannot easily overlook them If the Pamphlet finds so undeserved a Reception in the World as to need a Second Impression the Author is desired to add to it this Postscript which being founded on the Principles asserted by him will shew the World that he hath wilfully and perhaps partially forborn to speak of as notorious an Usurper as any that are mentioned in his Scheme Queen Mary the Off-spring of an Incestuous Marriage had no other unquestionable Divine Right to the Crown of England than what was given her by an Act of Parliament made in her Father's Reign and the common Consent of the Nobility and People after the Death of her Brother King Edward VI. whose disposal of the Crown by Letters Patents under the Great Seal being directly contrary to the former Entail of it limited by a higher Authority His Sister the Lady Mary was acknowledged Queen Therefore according to our Author 's abstruse Notions She as well as her Grand-father Henry VII must be reckoned among the Usurpers of the Crown of England Let us now see what success attended her and whether the Nation was happy under her Government As soon as She saw her self fixed in the Throne She imprisoned and deprived several of the Protestant Bishopâ— contrary to the then Establish'd Laws of the Realm She intruded Popish Bishops into the Sees thus declared vacant the small remainder of the Protestant Bishops who had beâ—n called to Parliament by Writ were nevertheless violently thrust out of the parliament-Parliament-House for refusing to worship the Mass. The Members of the House of Commons in her First Parliament were chosen by force and threats the Free-holders were hindred by violence from exercising their Right of chusing Representatives false Returns were made and those who were for the Reformed Religion tho' duly elected were by force expelled the House So that we cannot wonder at the Statues made in this pretended Free Parliament which was in every Thing influenced by the Court-Party Shortly after her Marriage with the haughty jealous Spaniard of which She her self felt the ill Consequences was justly disliked by the Nobility and Commonalty Her base Design of setting up a Supposititious Child for Heir to the Crown was not only happily defeated but deservedly exposed to the Censure of the Nation Her Design to erect the Spanish Inquisition in England was disappointed Calais after having belonged to the Crown of Englâ—nd about two hundred and eleven Years and which was gained with great difficulty after eleven Months Siege was in the depth of Winter lost in a Weeks time And quickly after all the English Territories were with small difficulty recovered by the French. We must not forget how exactly She put in practice the base treacherous and destructive Principles of the pretended Catholick Religion in these remarkable Particulars She barbarously used her only Sister the Lady Elizabeth and designed to have taken away her Life for no other Cause but her firm adherence to the Protestant Religion She imprisoned and burnt Arch-Bishop Cranmer who had formerly sheltered her from her Father's Fury She deprived and imprisoned Judg Hales who alone resolutely opposed King Edward the Sixth's Will and preferred Judg Bromley to be Lord Chief Justice though he had without any reluctancy prepared the Letters-Patents for her Exclusion The Inhabitants of Norfolk and Suffolk who were the first that took up Arms for her upon her Promise to permit them the Exercise of their Religion
were the first that suffered Persecution under her And after she had put to death near three hundred Persons without respect to Quality Age or Sex it pleased God to put an end to the Romish Cruelty and Idolatry by her unexpected and unlamented Death Nor is her Memory preserved from Oblivion by any thing but her repeated Acts of Cruelty and Injustice This was the Success that attended her this the Happiness the Liberty the Religion establish'd in the English Nation during her sive Years Tyranny That I may not detain the Reader any longer I will conclude this Advice to our Learned Pamphleteer That for the future he do not so positively ascribe all unhappy Accidents as frequent Wars and Rebellions the Effusion of English Blood the unfortunate End of some of our Princes to the Divine Vengeance upon them for the Usurpations he accuses them of since if he will consult our Historians he may find that Edward II. Richard II. and the Incomparable Prince King Charles I. though their Title from William the Conqueror is indisputable were far unhappier than any of the Usurpers he mentions That in Edward the Fourth's and Henry the Eighth's Reign a great deal of English Blood was shed both at Home and Abroad though their Right was unquestionable and universally acknowledged And that as to the promiscuous good or ill Success of all Affairs in this lower World the observation of the Wisest of Princes and of Men is very often exactly verified There is one Event to the Righteous and to the Wicked To the Prince who ascends the Throne by an unquestionable Right and to him that ascends it by Violence and Usurpation To the Prince that religiously performs the Solemn Oath taken at his Coronation and to him that wilfully breaks through all the Obligations he is under and endeavours by the most base Methods to dissolve the Establish'd Government The following Paper was published by Mr. Samuel Iohnson in the Year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was executed An Humble and Hearty Address to all the English Protestants in this present Army GENTLEMEN NEXT to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The Service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joined your selves with Papists who will indeed fight for the Mass-Book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-Houses to erect that Popish Kingdom of Darkness and Desolation amongst as and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-Law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a Standing Army and Dissolving the Militia 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Souldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Souldiers in the World for they have slain Men Women and Children by Hundreds of Thousands at once 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France 5. The Parliament ought to establish one standing Army at the least because indeed there will be need of Two that one of them may defend the People from the other 6. Because it is a thousand pities that a brave Popish Army should be a Riot 7. Unless it be Established by Act of Parliament the Justices of Peace will be forced to suppress it in their own Defence for they will be loth to forfeit an hundred Pounds every day they rise out of Complement to a Popish Rout. 13. H. 4. c. 7.2 H. 5. c. 8. 8. Because a Popish Army is a Nullity For all Papists are utterly disabled and punishable besides from bearing any Office in Camp Troop Band or Company of Souldiers and are so far disarmed by Law that they cannot wear a Sword so much as in their Defence without the allowance of four Justices of the Peace of the County And then upon a March they will be perfectly inchanted for they are not able to stir above five Miles from their own Dwelling-house 3. Iac. 5. Sect. 8 27 28 29.35 Eliz. 2.3 Iac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized and therefore the void Commissions of Killing and Slaying in the Hands of Papists can only enable them to Massacre and Murder A Discourse of Magistracy of Prerogative by Divine Right of Obedience and of the Laws CHAP. I. Of MAGISTRACY I. RELATION is nothing else but that State of Mutual Respect and Reference which one Thing or Person has to another II. Such are the Relations of Father and Son Husband and Wife Master and Servant Magistrate and Subject III. The Relations of a Father Husband and Master are really distinct and different that is
Guilty whereupon he was sentenced to be burnt publickly at the Cross the Twenty Fifth of this Instant and withal declared and protested for a Free Parliament On Sunday last Advertisement was given by a Papist to a Gentlewoman to remove her self out of this City and to carry out her Husband's Papers forthwith because that Night there should be here a hot Wakening such as had not been heretofore and advised her to give the same Advice to any of her Friends she pleased Your Friend Mr. M. being acquainted with this he revealed the same to several of our Magistrates which as is alledged was not regarded he went thereafter and acquainted the Guard of our Trained-Bands therewith whereupon Captain Patrick Iohnstone Hilton's Brother caused to beat the Drums and the Noise having gone abroad and several Persons having ordered their Arms and People flocking together to consider what was fit to be done the Magistrates with the Council convened for the same purpose A great many Boys met also and went through the whole Town crying aloud No Pope No Papist No Popish Chancellor No Melfort No Father Peters But the Gates were shut the Magistrates went along the Streets for the keeping of the Peace and nothing more was done that Night except the breaking of three or four Glass-Windows of Papists Houses and that some of the Boys got up to the Cross and proclaimed a free-Free-Parliament and offered Two Thousand Pounds for Melford's Head so that Night past over when all People here were in fear of some ill Designs and the rather because of their certain knowledg that there were lying in the Suburbs a great many Hundreds of Highland-mâ—n or rather Thousands and that all that day the Abbey Gates were exactly kept by Souldiers Commanded by Captain Wallace a Papist and none admitted to enter except Papists or Highland-men On Monday about mid-day the Chancellor parted thence and went towards the Highlands by Advice of several of the Privy Council and his Friends and took a good Guard with him At Night the Students went without Arms to the Abbey to condemn the Pope and to Proclaim a Free Parliament and perhaps to burn what was contained in the Chappel but without asking Questions were repulsed by a shower of Ball whereby several were wounded and some since dead of their Wounds which coming to the Privy Councils Knowledg which was then sitting they called the Town Council then also met and Captain Grahame desired them to see to the preservance of the Peace and sent Six Heralds with an Order to Captain Wallace and his Men to lay down their Arms render themselves Prisoners and deliver their Guards to the Magistrates but they were answered by Ball which being reported to the Privy Council they forthwith ordered Captain Grahame and his Company Trained-Bands and Militia to fall upon them which they did Wallace and his Men fled several of them were taken and some wounded as were some of Captain Grahame's Men. The Rabble were so incensed upon the firing and supposition that it was Boys were killed that they burnt all that was contained in the Chappel the Jesuits Colledg the Popish Printing-house the Abbey Church the Chancellor's Lodgings and generally all that was contained in the Houses of Papists in the Town and Cannon-gate excepting what was taken away by some People who designed Plunder They had Fires in the Abbey-Court and at the Cross all the Night and spared nothing they got in Papists Houses Some few Houses were spared at the intercession of some Protestants their Friends and after true enquiry I heard the Loss is called greater than it is None of the Papists themselves were killed or wounded they met with few of them those they got they carried into the Guard. In some of the Popish Houses they found Arms and Barrels of Powder which provoked to a more narrow search All this time the Castle never fired one Gun which is more attributed to the Duke of Gordon than to any other inferior Officer I am told the Council sent and discharged an Execution from the Castle Some of the Boys are dead of their Wounds Traquair a Popish Lord and several others went to and continue in the Castle for their security The Council ordered the searching for Ammunition and Arms in some Popish Houses in the Country and this day committed a Warrant for the restoring of what was plundred out of the Papists Houses I had forgot to tell you that on Monday last the Privy Council disbanded Six Hundred Men taken on the Friday before and commanded all the Highlanders forthwith to depart upon pain of Death and yesterday ordered all Gentlemen to depart out of the Town excepting such as should give account of their Business to some of the Privy Council I am credibly informed that this day in the Privy Council was voted an Address to be made to his Majesty for a Free Parliament there are several Noblemen and Gentlemen gone from hence into England and more to follow but it 's suspected they are going to the Prince of Orange Edinburgh Decemb. 20. WHen the Chancellor went away privately from the Abbey for Castle Drummond he gave strict Command to Captain Wallace to preserve the Chappel c. The Rabble having gathered and procured Links without any Fire-Arms about Six at Night went to the Abbey and were denied access whereupon some pressing forward Wallace commanded his Souldiers to fire which they did and killed and wounded about Twenty whereof one half died shortly after The Rabble retired to the City with a great Noise towards the Entry to the Court of the Parliament-House where some of the Lords of the Privy-Council were sitting There some West-Country Gentlemen encouraged them to prosecute a Revenge and got the Provost of the City to go to the House of Lords and told them if they would not give a Warrant to assault Wallace and force him from the Abbey they would do it without it The Lords being alarm'd with the Slaughter and a Report that several Gentlemens Sons were killed and some of their own they ordered a Herald at Arms with sound of Trumpet to command Wallace in the King's Name to give up his Guard at the Abbey to the City And the Company under the Cities Pay marched first commanded by Captain Grahame and after them all the Train'd-Bands and Militia to force him in case of refusal several Gentlemen accompanying Grahame and the Magistrates attending Wallace refused the Herald and fired upon Grahame and the rest behind wounded some Gentlemen and a few Souldiers But Grahame marched quickly down a Lane on the South-side of the Porch of the Abbey-Court where Wallace was posted and by a back way entered the Court came upon Wallace's Reer and the Town Companies fronting him after the first Fire he and all his Men fled only a few of them were taken the most part escaping under the Darkness of the Night The City being thus Master of the Abbey the Rabble immediately without opposition
who can tell what Contests there may be about the Right of the Crown The Deposed Prince is alive and his Right by Sword will be disputed c. If the Government be dissolved the Power devolves on the People no one can claim the Crown the Royal Family is as it were extinct the People may set up what Government they please either the old or a new A Monarchy absolute or limited or an Aristocracy or Democracy If a Monarchy limited supposing it mostly suited to the temper of the English they may choose what Family they please to sit in the Throne They may settle it on the Princess of Orange Princess Ann the Prince of Orange and for want of Issue on whom else they think meet These hold not by virtue of an old Right but by reason of the People's placing it upon them and the Monarchy may be thus de Novo made Hereditary and the King and Prince of Wales gone having lost their Right by the Dissolution of the Government The Iura Majestatis the Militia the Power of War and Peace or the Power of the Sword with the Power of making Judges Sheriffs c. may be lodged where now the Power of Legislation is viz. in King Lords and Commons which will necessitate frequent Parliaments and make it impossible for the Monarch to enslave us There are but two ways by which Slavery can be brought on us viz. Force or Injustice The Militia or Power of the Sword being in the People we are secured from the mischief of Force The Power of making Judges and all the Ministers of Justice being also in the People they cannot be ruin'd by Injustice But we must do no Evil â—hat Good may come of it Is our Government dissolved or is it not If there be a Dissolution Is it of the Constitution or only of the Form of Administration I confess my self not States-man enough to be acquainted with the Fineness of the Politicks but am apt to run the old Road and please my self with an old Distinction All Power is Originally or Fundamentally in the People Formally in the Parliament which is one Corporation made up of three Constituent Essentiating Parts King Lords and Commons so it was with us in England When this Corporation is broken when any one Essentiating Part is lost or gone there is a Dissolution of the Corporation The Formal Seat of Power and that Power devolves on the People When it 's impossible to have a Parliament the Power returns to them with whom it was originally Is it possible to have a Parliament It 's not possible The Government therefore is dissolv'd If what is essential to our Constitution be invaded or ravished from us the Constitution is broken I will instance in two things essential to the Constitution That the People choose their own Representatives And that their Representatives have such an Interest in the Legislation that no Laws be made or abrogated without their Consent The destroying one or both of these subverts the Foundation of our Government The Government being dissolved what must the People do Câ—re must be taken that the Government to be erected by such as will perfectly secure us from Slavery and be a Fence inviolable to the Liberty and Property of the People And the Rights of Majesty must be therefore lodged with the Parliament this will be grateful to the People The way of doing it must be Great Awful and August that none may be able to quarrel it A National Convention made up of the Representatives of the Community That the Convention may be truly National and represent the Community it must be larger than a House of Commons ordinarily is It 's this Convention that sets up what kind of Government they please If they 'l have a Parliament made up of King Lords and Commons it 's sufficient that this Convention is so pleased The Power of this Convention must be absolute and uncontroulable accountable to none but God. It gives Laws to Kings yea to the whole Parliament and sets bounds unto it it shall go so far and no further No Act of Parliament can be strong enough to move the Foundation laid by this Convention The Convention therefore as it has more Power than a Parliament and is it's Creator it must have a larger Body What think you therefore if the first thing done by the approaching Convention be the increasing their Number What if they double it Whether by ordering every Market-Town to send up their Representatives or every Hundred Wapentake c. or by some other way according to the proportion of People and publick Payments as the wise Men of this Convention shall judg most practicable that it may be the Grand Council of the Nation I have unburdened my self and am Your Humble Servant Ian. 5. 1688. Some Account of the Humble Application of the Pious and Noble Prelate Henry Lord Bishop of London with the Reverend Clergy of the City and some of the Dissenting Ministers in it To the Illustrious Prince William Henry the Prince of Orange on Friday September 21. 1688. HE declared in Excellent Words That they came to pay him their Humble Duties and most Grateful Respects for his very great and most hazardous Undertakings for their Deliverance and the Preservation of the Protestant Religion with the Ancient Laws and Liberties of this Nation He addeth That they gave up daily many Thanksgivings to Almighty God who had hitherto been graciously pleased so wonderfully to preserve his Person and prospeâ— and favour his good Design And they promised the continuance of their ferventest Prayers to the same God and all Concurrent Endeavours in their Circumstances for the promoting yet further that Work which was so happily begun and also for the perfecting of it not only in this Kingdom but in other Christian Kingdoms He likewise suggested to the Good Prince That some of the Dissenting Ministers and their Brethren were there present who having the same sense of his Coming hither with themselves had joyned themselves with them by him to render Him their Humblest and most Grateful Resentments His Highness was pleased to declare That he thanked them for their Attendance and acquainted them very briefly with the chiefest Ends of his Difficult and Chargeable Expedition That indeed it was to Preserve and Secure the Protestant Religion his own Religion and their Religion and assuring them he should not think any thing not Life it self too dear to hazard in promoting and perfecting so good a Work. Also he offered up with great Devotion his solemnest Acknowledgments to Almighty God for his Presence with him and Blessing upon his Endeavours and Arms hitherto and asked the Continuance of all their Prayers to God for him The Address of the Nonconformist Ministers in and about the City of London to his Highness the Prince of ORANGE WEdnesday Ianuary 2â—â— divers of the Dissenting Ministers in and about London that go under the Denominations of Presbyterial and Congregational to
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
it will make an Annal suspected and seem a Fable to Posterity For who will believe that a King who had he acted agreeably to the true Interest of Himself and People might have been almost the Balance of Christendom who was prepared with a standing Army and always Remarkable for his Conduct in War should be invaded by a near Neighbour Son and Nephew and now in a Months time so generally deserted by his Nobility Gentry and Military Forces as to choose before the Sword was drawn to fly for Refuge to a Prince whose Title he and his Ancestors had long disputed This I say as the Learned Dr. Burnet Argues at large was the Lords doing and ought to be marvellous in our Eyes Diss. It was indeed an unparall'd Act of Providence but now our Deliverance is so far Compleated what are you Churchmen willing to do towards an Accommodation and to the Healing of those Differences which in a great measure have contributed to the Growth of Popery Ch. Though it be far above my Character to dictate what is fittest to be done at so great and difficult a Conjuncture yet my humble Wishes are that the Guardians and Supporters of our Church may resolve upon such Condescentions as may satisfy reasonable Men and prevent any longer Dissensions amongst us Yet this I would advise you and your Party i. e. to stay till you are Invited and not to thrust your selves into our Church We are now in the hopeful Crisis of our Fever and therefore you ought to take care left by tampering too much you disturb Nature in those methods she has took to digest her Humours and so ruine all I am not ignorant that at the beginning of the Reformation when a Church was to be made out of a Church several Ceremonies were retained in Compliance to that Age which a violent Alteration would have too much surprized but now the Humours of Men being changed may justly be laid aside On the other hand I am perswaded with the Author of Foxes and Firebrands that Rome has all along been industrious to foment our Divisions by sending us Emissaries who could artificially dissemble a tender Conscience and make credulous People believe that all the Decencies of our Worship were nothing but â—oppery Superstition and the Remainders of Popery Therefore I say my Wishes are that a Free and Unbyass'd Parliament will tread the middle path bearing an equal Respect to the Decenies of our Church and the tender Consciences of reasonable Men. Diss. Well Neighbour I am heartily glad to see these happy effects of our Calamities and as I think there can be no Government so perfectly appointed as to satisfy all yet I approve so well of your Temper and Wishes that I hope we may all Unite upon such or the like terms Ch. Therefore to end our Dispute I shall only now detain you with my hearty Prayers that the Result of this ensuing Convention on Ian. 22. may be happily to settle the Crown and that in the succeeding Parliament the management of these Difficulties may fall into the Hands of such Wise and Unbyass'd Persons that Peace and Truth may be established upon everlasting Foundations and no sinister Interest interrupt so great a Design Diss. Sir you have infinitely encouraged me to wait upon you oftner we being I think now either both Churchmen or both Dissenters Ch. Sir The Design of this Conference was to tell you freely my Sentiments and I intend ere long to make it more publick being willing to provoke some more learned and judicious Pen to perfect what I have here weakly attempted Farewel His Majesties Letter to the Lords and Others of his Privy Councel JAMES R. MY Lords When we saw that it was no longer safe for Us to remain within Our Kingdom of England and that thereupon We had taken Our Resolutions to withdraw for some time We left to be communicated to you and to all Our Subjects the Reasons of Our withdrawing And were likewise resolved at the same time to leave such Orders behind Us to you of our Privy Councel as might best suit with the present state of Affairs But that being altogether unsafe for Us at that time We now think fit to let you know that though it has been Our constant care since Our first Accession to the Crown to govern Our People with that Justice and Moderation as to give if possible no occasion of Complaint yet more particularly upon the late Invasion seeing how the Design was laid and fearing that Our People who could not be destroy'd but by themselves might by little imaginary Grievances be cheated into a certain Ruine To prevent so great Mischief and to take away not only all just Causes but even Pretences of Discontent We freely and of our own accord redressed all those things that were set forth as the Causes of that Invasion And that we might be informed by the Councel and Advice of our Subjects themselves which way we might give them a further and a full Satisfaction We resolved to meet them in a Free Parliament And in order to it We first laid the Foundation of such a Free Parliament in restoring the City of London and the rest of the Corporations to their ancient Charters and Priviledges and afterwards actually appointed the Writs to be issued out for the Parliaments meeting on the 15 th of Ianuary But the Prince of Orange seeing all the Ends of his Declaration answered the People beginning to be undeceived and returning apace to their ancient Duty and Allegiance and well fore-seeing that if the Parliament should meet at the time appointed such a Settlement in all Probability would be made both in Church and State as would totally defeat his ambitious and unjust Designs resolved by all means possible to prevent the meeting of the Parliament And to do this the most effectual way he thought fit to lay a restraint on Our Royal Person for as it were absurd to call that a Free Parliament where there is any force on either of the Houses so much less can that Parliament be said to act freely where the Soveraign by whose Authority they Meet and Sit and from whose Royal Assent all their Acts receive their Life and Sanction is under actual Confinement The hurrying of Us under a Guard from Our City of London whose returning Loyalty We could no longer trust and the other Indignities We suffered in the Person of the Earl of Feversham when sent to him by Us and in that barbarous Confinement of Our own Person We shall not here repeat because they are We doubt not by this time very well known and may we hope if enough considered and reflected upon together with his other Violations and Breaches of the Laws and Liberties of England which by this Invasion he pretended to restore be sufficient to open the Eyes of all our Subjects and let them plainly see what every one of them may expect and what Treatment they shall find-from him if
accuse him of Capital Crimes but being defeated in that Villanous Attempt they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had at the Request of several Parliaments allowed to your Petitioner and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum for speaking this notorious Truth viz. That he the said Duke of York was reconciled to the Church of Rome and that It is High Treason to be so reconciled wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner and your Petitioner was committed to the King's Bench-Prison After this the same Popish Party obtained leave from King Charles the second to prefer two several Indictments against your Petitioner for two pretended Perjuries in his Evidence concerning the said Conspiracy which they brought on to Tryal in the Reign of King Iames the second and your Petitioner was upon the Evidence of those very Witnesses who had confronted him in three former Tryals and were disbelieved and through the Partial Behahaviour of the Chief Justice Ieffreys in brow-beating his Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull of the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Creâ—it and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your gâ—nerous and tender Consideration and to give him such Redress â—herein as to your Lordships and your Honours great Wisdom Iustice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 168â— in Obedience to the Prince of Orange's Letters They choice the Duke of Hamilton their President after which they had several Debates about the Duke of Gâ—rdon a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King Iames. They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King Iames requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Committee of 24 made up of all the Estates to settle the Government Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King Iames the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King Iames and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery
without Consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. Iames the 2 d having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretending Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or Questioned in any Court or place out of Parliament That Excessive Bail ought not to be required nor Excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviver of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joint Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God. I A. B. do swear That I do from my Heart Abhor
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books