Dr. Burnet's PAPERS THere have been so many Papers given out for mine which are not that in order to the preventing of Mistakes of that kind I have given Directions for the Publishing of this COLLECTION which contains none but those that were writ by me in single Sheets and are now put together by my Order G. BURNET A COLLECTION OF EIGHTEEN PAPERS Relating to the AFFAIRS OF Church State During the Reign of King JAMES the Second Seventeen whereof written in Holland and first printed there By GILBERT BURNET D. D. Licensed and Entred according to Order Reprinted at London for John Starkey and Richard Chiswell 1689. THE CONTENTS Of the following PAPERS REasons against the repealing the Acts of Parliament concerning the Test Humbly offered to the Consideration of the Members of both Houses at their next Meeting on the twenty eighth of April 1687. Pag. 1 Some Reflections on His Majesties Proclamation of the Twelfth of February 1686 / 7. for a Toleration in Scotland Together with the said Proclamation p. 10 A Letter containing some Reflections on His Majesties Declaration for Liberty of Conscience dated the Fourth of April 1687. p. 25 An Answer to Mr. Henry Payne's Letter concerning His Majesties Declaration of Indulgence writ to the Author of the Letter to a Dissenter p. 38. An Answer to a Paper printed with allowance entitled A New Test of the Church of England 's Loyalty p. 45 The Earl of Melfort's Letter to the Presbyterian Ministers in Scotland writ in His Majesties Name upon their Address Together with sowe Remarks upon it p. 56 Reflections on a Pamphlet entitled Parliamentum Pacificum licensed by the Earl of Sunderland and printed at London in March 1688. p. 65 An Apology for the Church of England with relation to the Spirit of Persecution for which she is accused p. 83 Some Extracts out of Mr. James Stewart's Letters which were communicated to Mijn Heer Fagal the States Pensioner of the Province of Holland Together with some References to Master Stewart's printed Letter p. 97 An Edict in the Roman Law in the twenty fifth Book of the Digests Title 4. Sect. 10. as concerning the visiting of a Big-bellied-Woman and the looking after what may be born by her p. 110 An Enquiry into the Measures of Submission to the Supreme Authority and of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties p. 119 A Review of the Reflections on the Prince of Orange's Declaration p. 133 The Citation of Gilbert Burnet D. D. to answer in Scotland on the Twenty seventh of June Old Stile for High Treason Together with his Answer And Three Letters writ by him upon that Subject to the Right Honourable the Earl of Middletoun His Majesty's Secretary of State. p. 145 Dr. Burnet's Vinication of himself from the Calumnies with which he is aspersed in a Pamphlet entitled Parliamentum Pacificum Licensed by the Earl of Sunderland and printed at London in March 1688. p. 172 A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles the Second concerning Religion p. 188 An Enquiry into the Reasons for abrogating the Test imposed on all Members of Parliament offered by Sa. Oxon. p. 200 A Second Part of the Enquiry into the Reasons offered by Sa. Oxon for abrogating the Test Or an Answer to his Plea for Transubstantiation and for acquitting the Church of Rome of Idolatry p. 215 A Continuation of the Second Part of the Enquiry into the Reasons offered by Sa. Oxon for the abrogating of the Test relating to the Idolatry of the Church of Rome p. 229 REASONS Against the Repealing the ACTS of PARLIAMENT Concerning the TEST Humbly offered to the Consideration of the MEMBERS of BOTH HOUSES at their next Meeting on the Twenty eighth of April 1687. I. IF the just Apprehensions of the Danger of Popery gave the Birth to the two Laws for the two Tests the one with relation to all Publick Employments in 73. and the other with relation to the Constitution of our Parliaments for the future in 78. the present Time and Conjuncture does not seem so proper for repealing them unless it can be imagined that the danger of Popery is now so much less than it was formerly that we need be no more on our guard against it We had a King when these Laws were enacted who as he declared himself to be of the Church of England by receiving the Sacrament four times a Year in it so in all his Speeches to his Parliaments and in all his Declarations to his Subjects he repeated the Assurances of his Firmness to the Protestant Religion so solemnly and frequently that if the saying a thing often gives just reason to believe it we had as much reason as ever People had to depend upon him and yet for all that it was thought necessary to fortifie those Assurances with Laws and it is not easie to imagine why we should throw away those when we have a Prince that is not only of another Religion himself but that has expressed so much steadiness in it and so much zeal for it that one would think we should rather now seek a further Security than throw away that which we already have II. Our King has given such Testimonies of his Zeal for his Religion that we see among all his other Royal Qualities there is none for which he desires and deserves to be so much admired Since even the Passion of Glory of making himself the Terrour of all Europe and the Arbiter of Christendom which as it is natural to all Princes so must it be most particularly so to one of his Martial and Noble Temper yields to his Zeal for his Church and that he in whom we might have hoped to see our Edward the Third or our Henry the Fifth revived chuses rather to merit the heightning his degree of Glory in another World than to acquire all the Lawrels and Conquests that this low and vile World can give him and that in stead of making himself a Terrour to all his Neighbours he is contented with the humble Glory of being a Terrour to his own People so that in stead of the great Figure which this Reign might make in the World all the News of England is now only concerning the Practices on some fearful Mercenaries These things shew that his Majesty is so possessed with his Religion that this cannot suffer us to think that there is at present no danger from Popery III. It does not appear by what we see either abroad or at home that Popery has so changed its nature that we have less reason to be afraid of it at present than we had in former times It might be thought ill nature to go so far back as to the Councils of the Lateran that decreed the Extirpation of Hereticks with severe Sanctions on those Princes that failed in their Duty of being the Hangmen of the Inquisitors or to
to some Words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to judge whether he is deceived by any false Quotations or not BY THE KING A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these Presents do or may concern Greeting We having taken into Our Royal Consideration the many and great Inconveniencies which have hapned to that Our Ancient Kingdom of Scotland of late Years through the different Persuasions in the Christian Religion and the great Heats and Animosities amongst the several Professors thereof to the ruine and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of GOD into Animosities Names Factions and sometimes into Sacriledge and Treason And being resolved as much as in us lies to unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thought fit to Grant and by Our Sovereign Authority Prerogative Royal and Absolute Power which all Our Subjects are to obey without Reserve do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after-named with and under the several Conditions Restrictions and Limitations after mentioned In the first place We allow and tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting Houses or to use Out-Houses or Barns but only to exercise in their Private Houses as said is In the mean time it is Our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouses of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for Tender Consciences there is no Excuse left In like manner We do hereby tolerate Quakers to meet and exercise in their Form in any Place or Places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grandfather of Glorious Memory without His Consent ☜ and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Sovereign Our Royal Great Grandmother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegiance to their Natural Soveraigns and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be Good Christians so it is to be Dutiful Subjects and that they have likewise on all occasions shewn themselves Good and faithful Subjects to Us and Our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by our Soveraign Authority Prerogative Royal and Absolute Power aforesaid suspend stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman-Catholick Subjects in any time past to all Intents and Purposes making void all Prohibitions therein mentioned Pains or Penalties therein ordained to be inflicted so that they shall in all things be as free in all Respects as any of Our Protestant Subjects whatsoever not only to exercise their Religion but to enjoy all Offices Benefices and others which we shall think fit to bestow upon them in all time coming Nevertheless it is Our Will and Pleasure and we do hereby command all Catholicks at their highest pains only to exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-streets of any of Our Royal Burghs under the Pains above-mentioned And whereas the Obedience and Service of Our Good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder Us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacuate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by Men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid cass annull and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in Our said Kingdom or enjoying their Hereditary Rights and Priviledges discharging the same to be taken or given in any time coming without our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect we do by Our Royal Authority aforesaid stop disable and dispense with all Laws enjoyning the said Oaths Tests or any of them particuarly the first Act of the first Session of the first Parliament of King Charles the Second the eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of Our late Parliament ☜ in so far allanerly as concerns the taking the Oaths or Tests therein prescribed and all others as well not mentioned as mentioned and that in place of them all Our good Subjects or such of them as We or Our Privy Council shall require so to do shall take and swear the following Oath allanerly
forgotten among the rest for there is a scurvy Paragraph in it concerning Self-preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has mark'd out either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash But to make the most of this that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of Men have been disabled from all Imployments that a Prince who at his Coronation swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Postscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abby-Lands as other Lands But the Chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained And to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them As for the Abbey-Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a Mortal Sin and there can no Absolution be given to any who continue in it And so this Promise being an Obligation to maintain men in a Mortal-Sin is null and void of it is self Church-Lands are also according to the Doctrine of their Canonists so immediately Gods Right that the Pope himself is only the Administrator and Dispenser but is not the Master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation For there is nothing how impudent and base soever of which the abject Flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of Flattery among the Romans that Tacitus sets forth with so much just Scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery But tho' he lived four Years after that he called no Parliament notwithstanding the Law for Triennial Parliaments and the manner of his Death and the Papers printed after his Death in his Name have sufficiently shewed that he was equally sincere in both those Assurances that he gave as well in that relating to Religion as in that other relating to frequent Parliaments yet upon his Death a new set of Addresses appeared in which all that Flattery could invent was brought forth in the Commendations of a Prince to whose Memory the greatest kindness can be done is to forget him And because his present Majesty upon his coming to the Throne gave some very general Promise of Maintaining the Church of England this was magnified in so extravagant a strain as if it had been a security greater than any that the Law could give tho' by the regard that the King has both to it and to the Laws it appears that he is resolved to maintain both equally Since then the Nation has already made it self sufficiently ridiculous both to the present and to all succeeding Ages it is time that at last men should grow weary and become ashamed of their Folly. XII The Nonconformists are now invited to set an Example to the rest and they who have valued themselves hitherto upon their Opposition to Popery and that have quarrelled with the Church of England for some small Approaches to it in a few Ceremonies are now sollicited to rejoyce because the Laws that secure us against it are all plucked up since they enjoy at present and during pleasure leave to meet together It is natural for all men to love to be set at ease especially in the matters of their Consciences but it is visible that those who allow them this favour do it with no other design but that under a pretence of a General Toleration they may introduce a Religion which must persecute all equally It is likewise apparent how much they are hated and how much they have been persecuted by the Instigation of those who now court them and who have now no Game that is more promising than the engaging them and the Church of England into new Quarrels And as for the Promises now made to them it cannot be supposed that they will be more lasting than those that were made some time ago to the Church of England who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to The Nation has scarce forgiven some of the Church of England the Persecution into which they have suffered themselves to be cousened tho' now that they see Popery barefac'd the Stand that they have made and the vigorous opposition that they have given to it is that which makes all men willing to forget what is past and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those that were too apt to believe and hope and so suffered themselves to be made a Property to those who would now make them a Sacrifice The Sufferings of the Nonconformists and the Fury that the Popish Party expressed against them had recommended them so much to the Compassions of the Nation and had given them so just a Pretension to favour in a better time that it will look like a Curse of God upon them if a few men whom the Court has gained to betray them can have such an ill Influence upon them as to make them throw away all that Merit and those Compassions which their Sufferings have procured them and to go and court those who are only seemingly kind to them that they may destroy both them and us They must remember that as the Church of England is the only
high had more Heat than Decency in it And indeed all this was so very extraordinary that if She was not acted by a Principle of Conscience She could make no Excuse for her Conduct There appeared such peculiar Marks of Affection and Heartiness at every time that the Duke was named whether in drinking his Health or upon graver Occasions that it seemed affected And when the late King himself whose Word they took that he was a Protestant was spoke of but coldly the very Name of the Duke set her Children all on fire this made many conclude that they were ready to sacrifice all to him for indeed their Behaviour was inflamed with so much Heat that the greater part of the Nation believed they waited for a fit opportunity to declare themselves Faith in Jesus Christ was not a more frequent Subject of the Sermons of many than Loyalty and the Right of the Succession to the Crown the Heat that appeared in the Pulpit and the Learning that was in their Books on these Subjects and the Eloquent Strains that were in their Addresses were all Originals and made the World conclude That whatever might be laid to their charge they should never be accused of any want of Loyalty at least in this King's time while the remembrance of so signal a Service was so fresh When His Majesty came to the Crown these men did so entirely depend on the Promise that he made to maintain the Church of England that the doubting of the performance appeared to them the worst sort of Infidelity They believed that in His Majesty the Hero and the King would be too strong for the Papist and when any one told them How weak a tie the Faith of a Catholick to Hereticks must needs be they could not hearken to this with any patience but looked on his Majesties Promise as a thing so Sacred that they imploy'd their Interest to carry all Elections of Parliament-men for those that were recommended by the Court with so much Vigour that it laid them open to much Censure In Parliament they moved for no Laws to secure their Religion but assuring themselves that Honour was the King's Idol they laid hold on it and fancied that a publick reliance on his Word would give them an Interest in His Majesty that was Generous and more sutable to the Nobleness of a Princely Nature than any new Laws could be so that they acquiesced in it and gave the King a vast Revenue for life In the Rebellion that followed they shewed with what Zeal they adhered to His Majesty even against a Pretender that declared for them And in the Session of Parliament which came after that they shewed their disposition to assist the King with new Supplies and were willing to excuse and indemnifie all that was past only they desired with all possible Modesty that the Laws which His Majesty had both Promised and at his Coronation had Sworn to maintain might be executed Here is their Crime which has raised all this Out cry they did not move for the Execution of Severe or Penal Laws but were willing to let those sleep till it might appear by the behaviour of the Papists whether they might deserve that there should be any Mitigation made of them in their Favour Since that time our Church men have been constant in mixing their Zeal for their Religion against Popery with a Zeal for Loyalty against Rebellion because they think these two are very well consistent one with another It is true they have generally expressed an unwillingness to part with the two Tests because they have no mind to trust the keeping of their Throats to those who they believe will cut them And they have seen nothing in the Conduct of the Papists either within or without the Kingdom to make them grow weary of the Laws for their sakes and the same Principle of common Sense which makes it so hard for them to believe Transubstantiation makes them conclude That the Author of this Paper and his Friends are no other than what they hear and see and know them to be II. One Instance in which the Church of England shewed her Submission to the Court was that as soon as the Nonconformists had drawn a new Storm upon themselves by their medling in the matter of the Exclusion many of her zealous Members went into that Prosecution of them which the Court set on foot with more Heat than was perhaps either justifiable in it self or reasonable in those Circumstances but how censurable soever some angry men may be it is somewhat strange to see those of the Church of Rome blame us for it which has decreed such unrelenting Severities against all that differ from her and has enacted that not only in Parliaments but even in General Councils It must needs sound odly to hear the Sons of a Church that must destroy all others as soon as it can compass it yet complain of the Excesses of Fines and Imprisonments that have been of late among us But if this Reproach seems a little strange when it is in the Mouth of a Papist it is yet much more provoking when it comes from any of the Court. Were not all the Orders for the late Severity sent from thence Did not the Judges in every Circuit and the Favourite Justices of Peace in every Sessions imploy all their Eloquence on this Subject The Directions that were given to the Justices and the Grand Juries were all repeated Aggravations of this Matter and a little Ordinary Lawyer without any other visible Merit but an outragious Fury in those Matters on which he has chiefly valued himself was of a sudden taken into His Majesties special Favour and raised up to the Highest Posts of the Law. All these things led some of our Obedient Clergy to look on it as a piece of their Duty to the King to encourage that Severity of which the Court seemed so fond that almost all People thought they had set it up for a Maxim from which they would never depart I will not pretend to excuse all that has been done of late years but it is certain that the most crying Severities have been acted by Persons that were raised up to be Judges and Magistrates for that very end they were Instructed Trusted and Rewarded for it both in the last and under the present Reign Church Preferments were distributed rather as Recompences of this devouring Zeal than of a real Merit and men of more moderate Tempers were not only ill lookt at but ill used So that it is in it self very unreasonable to throw the load of the late Rigour on the Church of England without distinction but it is worse than in good manners it is fit to call it if this Reproach comes from the Court. And it is somewhat unbecoming to see that which was set on at one time disowned at another while yet he that was the Chief Instrument in it is still in so high a Post and begins
be of a short continuance He in the next place mentions the Liberty or Toleration granted by the King. Liberty is not so hard a Word but that it might be understood without this Explanation or Toleration unless the Secretary Stile either approaches to the Notary-Stile in some nauseous Repetitions or that he would intimate by this That all the Liberty that is left the Subjects is comprehended in this Toleration And indeed after Absolute Power was once asserted is was never fit to name Liberty without some Restriction After this comes a stately Period The Enemies to Him to You and to this Toleration Yet I should be sorry if it were true for I hope there are many Enemies to this Toleration who are neither Enemies to the King nor to these Addressers and that on the contrary they are Enemies to it because they are the best Friends that both the King and the People have It is now no secret that tho' both the Prince and Princess of Orange are great Enemies to Persecution and in particular to all Rigour against the Presbyterians yet they are not satisfied with the way in which this Toleration is granted But the reckoning of them as Enemies either to the King or the People is one of the Figures of this Stile that will hardly pass and some will not stick to say that the Writer of this Letter has with this dash of his Pen declared more Men Eemies to the King than ever he will be able to make Friends to him He tells them next that these Enemies will be using all endeavours to infringe the same This is also a strong Expression We know the use of the Noun Infractions but Infringe is borrowed from the Notaries yet the plain sense of this seems to be that those Enemies will disturb the Meetings of which I do not hear any of them have the least thought yet by a secret Figure of the Secretary Stile perhaps this belongs to all those who either think that the King cannot do it by Law or that will not give their Vote to confirm it in Parliament but I am not so well acquainted with all the Mysteries of this Stile as to know its full depth There comes next a long Period of fifty words for I was at the pains to count them all which seemed a little too prolix for so short a Letter especially in one that writes after the French Pattern But as ever the Happiness of his Subjects standing in Liberty of Conscience and the Security of their Properties next the Glory of God hath been His Majesties great End so he intends to continue if he have all sutable Encouragement and Concurrence from you in your Doctrine and Practice The putting ever at the beginning of the Period and at so great a distance from that to which it belongs is a new Beauty of Stile And the Standing of this Happiness makes me reflect on that which I hear a Scotch Preacher delivered in a Sermon that he doubted this Liberty would prove but like a standing Drink The Kings receiving sutable Encouragement from his Subjects agrees ill with the height of Stile that went before of appointing what the Parliament must do Kings receive returns of Duty and Obedience from their Subjects but hitherto Encouragement was a word used among Equals the applying it to the King is a new Figure A man not versed in the Secretary-Stile would have expressed this matter thus His Majesty has ever made the Happiness of His Subjects which consists in Liberty of Conscience and the Security of Property his great end next to the Glory of God and he intends to do so still if he receives all sutable returns from you in your Doctrine and Practice I have marked this the more particularly to make the difference between the Common and the Secretary-Stile the more sensible But what need is there of the Concurrence of the Addressers with the King if he appoints the next Parliament to take off all the Penal Laws Must we likewise believe that His Majesties Zeal for the Happiness of His Subjects depends on the Behaviour of these Addressers and on the Encouragement that he receives from them so that he will not continue it unless they encourage him in it This is but an incertain Tenure and not like to be perpetual But after all the Secretary-Stile is not the Royal Stile so notwithstanding this beautiful Period we hope our Happiness is more steady than to turn upon the Encouragings of a few Men otherwise if it is a standing Happiness yet it is a very tottering one The Protestant Penal Statutes is another of his Elegancies For since all the Penal Laws as well those against Papists as those against Dissenters were made by Protestant Parliaments one does not see how fitly this Epithete comes in here another would have worded this thus the Penal Statutes made against Protestants But the new Stile has Figures peculiar to it self that pass in the Common Stile for Improprieties This Noble Lord is not contented to raise His Majesties Glory above all other Catholick Kings in this Grant of Liberty or Toleration in which there is no Competition to be made for tho' the Most Christian King who is the Eldest Son of that Church has indeed executed her Orders in their full extent of Severity yet His Majesty who is but the Cadet in that Church's Catalogue of Honour it seems does not think that he is yet so much beholden to his Mother as to gratifie her by the Destruction of his People yet I say as if this were too little the King's Glory is here carried farther even above the Protestant Kings who have gone before him whose Maxim was to undo you by Fining Confining and taking away your Estates and to harrass you in your Persons Liberties and Priviledges Here is an Honour that is done the King's Ancestors by one of his Secretaries which is indeed new and of his own Invention The Protestant Kings can be no other than the King's Brother his Father and his Grandfather Kings shut out Queen Elizabeth who might have been brought in if the more general term of Crowned Heads had been made use of but as the Writer has ordered it the Satyr falls singly on the King's Progenitors for the Papers that were found in the Strong Box will go near to put the late King out of the List of Protestant Kings so that this Reprooch lies wholly on the King's Father and his Grandfather It is a little surprising after all the Eloquence that has been imployed to raise the Character of the late Martyr to so high a pitch that one of his Son's Secretaries should set it under his Hand in a Letter that he pretends is written by the King's Commands That he made it a Maxim to undo his People The Writer of this Letter should have avoided the mentioning of Fines since it is not so long since both He and his Brother valued themselves on a point that they carried in
would suspect nothing But at the same time that the Church-Party that carried all before them in that Parliament were animated to press things so hard the Dissenters were secretly encouraged to stand out and were told that the King's Temper and Principle and the Consideration of Trade would certainly procure them a Toleration and ever since that Party that thus had set us together by the ears has shifted Sides dexterously enough but still they have carried on the main Design which was to keep up the Quarrel in the Intervals of Parliament Liberty of Conscience was in vogue but when a Session of Parliament came and the King wanted Money then a new severe Law against the Dissenters was offered to the angry Men of the Church-Party as the Price of it and this seldom failed to have its effect so that they were like the Jewels of the Crown pawned when the King needed Money but redeemed at the next Prorogation A Reflection then that arises naturally out of the Proceedings in the Year 1660. is That if a Parliament should come that would copy after that Pattern and repeal Laws and Tests the King's Offers of Liberty of Conscience as may indeed be supposed will bind him till after a short Session or two such a meritorious Parliament should be dissolved according to the Precedent in the Year 1660. and that a new one were brought together by the same Methods of changing Charters and making Returns and then the old Laws de Heretico comburendo might be again revived and it would be said that the King's Inclinations are for keeping his Promise and granting still a Liberty of Conscience yet he can deny nothing to a Loyal and Catholick Parliament III. We pay all possible respect to the King and have witnessed how much we depended on his Promises in so signal a manner that after such real Evidence all Words are superfluous But since the King has shewed so much Zeal not only for his Religion in general but in particular for that Society which of all the other Bodies in it we know is animated the most against us we must crave leave to speak a little freely and not suffer our selves to be destroyed by a Complement The Extirpation of Hereticks and the Breach of Faith to them have been decreed by two of their General Councils and by a Tradition of several Ages the Pope is possessed of a Power of dissolving all Promises Contracts and Oaths not to mention the private Doctrines of that Society that is so much in favour of doing Ill that Good may come of it of using Equivocations and Reservations and of ordering the Intention Now these Opinions as they have never been renounced by the Body of that Church so indeed they cannot be unless they renounce their Infallibility which is their Basis at the same time Therefore tho a Prince of that Communion may very sincerely resolve to maintain Liberty of Conscience and to keep his Word yet the blind Subjection into which he is brought by his Religion to his Church must force him to break thro' all that as soon as the Doctrine of his Church is opened to him and that Absolution is denied him or higher Threatnings are made him if he continues firm to his merciful Inclinations So that supposing His Majesty's Piety to be as great as the Jesuit's Sermon on the Thirtieth of January lately printed carries it to the uttermost possibility of Flesh and Blood then our Fears must still grow upon us who know what are the Decrees of that Church and by consequence we may infer to what his Piety must needs carry him as soon as those things are fully opened to him which in respect to him we are bound to believe are now hid from him IV. It will further appear that these are not unjust Inferences if we consider a little what has been the Observation of all the Promises made for Liberty of Conscience to Hereticks by Roman Catholick Princes ever since the Reformation The first was the Edict of Passaw in Germany procured chiefly by Ferdinand's means and maintained indeed religiously by his Son Maximilian the Second whose Inclinations to the Protestant Religion made him be suspected for one himself But the Jesuits insinuated themselves so far into his younger Brother's Court that was Archduke of Grats that this was not only broken by that Family in their Share but tho' Rodolph and Mathias were Princes of great Gentleness and the latter of these was the Protector of the States in the beginning of their War with King Philip the Second yet the Violence with which the House of Grats was possessed overturned all that so that the breaking of the Pacificatory Edicts was begun in Rodolph's time and was so far carried on in Mathias's time that they set both Bohemia and Hungary in a Flame and so begun that long War of Germany 2. The next Promise for Liberty of Conscience was made by Queen Mary of England but we know well enough how it was observed the Promises made by the Queen Regent of Scotland were observed with the same Fidelity After these came the Pacificatory Edicts in France which were scarce made when the Triumvirate was formed to break them The famous Massacre of Paris was an Instance never to be forgot of the Religious Observance of a Treaty made on purpose to lay the Party asleep and to bring the whole Heads of it into the Net this was a much more dreadful St. Bartholomew than that on which our Author bestows that Epithete pag. 15. and when all seemed setled by the famous Edict of Nantes we have seen how restless that Party and in particular the Society were till it was broken by a Prince that for thirty years together had shewed as great an aversion to the Shedding of Blood in his Government at home as any of his Neighbours can pretend to and who has done nothing in the whole Tragedy that he has acted but what is exactly conform to the Doctrine and Decrees of his Church so that is not himself but his Religion that we must blame for all that has fallen out in that Kingdom I cannot leave this without taking notice of our Author's Sincerity who pag. 18. tells us of the Protestants entring into their League in France when it is well known that it was a League of Papists against a Protestant Successor which was afterwards applied to a Popish King only because he was not zealous enough against Hereticks But to end this List of Instances at a Country to which our Author bears so particular a kindness when the Dutchess of Parma granted the Edict of Pacification by which all that was past was buried and the Exercise of the Protestant Religion was to be connived at for the future King Philip the Second did not only ratifie this but expressed himself so fully upon it to the Count of Egmont who had been sent over to him that the easie Count returned to Flanders so assured of the King's
Sincerity that he endeavoured to perswade all others to rely as much on his Word as he himself did It is well known how fatal this Confidence was to him and see Meteren lib. 3. that two years after this that King sent over the Duke of Alva with that severe Commission which has been often printed in which without any regard had to the former Pacification or Promises the King declared that the Provinces had forfeited all their Liberties and that every man in it had forfeited his life and therefore he authorised that unmerciful Man to proceed with all possible Rigour against them It is also remarkable that that bloody Commission is founded on the King 's Absolute Power and his Zeal for Religion This is the only Edict that I know in which a King has pretended to Absolute Power before the two Declarations for Scotland in the year 1687. so whether they who penned them took their Pattern from this I cannot determine it I could carry this view of History much further to shew in many more Instances how little Protestants can depend on the Faith of Roman Catholicks and that their Condition is so much the worse the more pious that their Princes are As for what may be objected to all this from the present State of some Principalities or Towns in Germany or of the Switzers and Grisons it is to be considered that in some of these want of Power in the Roman Catholicks to do mischief and the other Circumstances of their Affairs are visibly the only Securities of the Protestants and whensoever this Nation departs from that and gives up the Laws it is no hard thing to guess how short-lived the Liberty of Conscience even tho' setled into a Magna Charta would be V. All that our Author says upon the General Subject of Liberty of Conscience is only a severe Libel upon that Church whose Principles and Practices are so contrary to it But the Proposition lately made has put an end to all this Dispute since by an Offer of Repealing the Penal Laws reserving only those of the Test and such others as secure the Protestant Religion the question is now no more which Religion must be tolerated but which Religion must reign and prevail All that is here offered in Opposition to that is that by this means such a number of Persons must be ruined Pag. 64. which is as severe a way of forcing People to change their Religion as the way of Dragoons I will not examine the particulars of this matter but must express my joy to find that all the Difficulty which is in our way to a happy quiet is the supplying such a number of men with the means of their subsistance which by the Execution of the Law for the Test must be taken from them This by all that I can learn will not come to near an Hundred Thousand Pound a year and indeed the supplying of those of the King's Religion that want it is a piece of Charity and Bounty so worthy of him that I do not know a man that would envy them the double of this in Pensions and if such a Sum would a little charge the King's Revenue I dare say when the Settlement of the Nation is brought to that single point there would not be one Negative found in either House of Parliament for the reimbursing the King So far are we from desiring either the Destruction or even the Poverty of those that perhaps wait only for an occasion to burn us I will add one bold thing further that tho' I will be no undertaker for what a Parliament may do yet I am confident that all men are so far from any desire of Revenge but most of all that the Heroical Minds of the next Successors are above it that if an Indemnity for that bold violation of the Law that has been of late both practised and authorised among us would procure a full Settlement even this could be obtained tho' an Impunity after such Transgressions is perhaps too great an Encouragement to offend for the future But since it is the Preservation of the Nation and not the ruine of any party in it that is aimed at the Hardiness of this Proposition will I hope be forgiven me It is urged pag. 63. that according to the Dutch Pattern at least the Roman Catholicks may have a share in Military Employments but the difference between our Case and theirs is clear since some Roman Catholick Officers where the Government is wholly in the Hands of of Protestants cannot be of such dangerous Consequence as it must needs be under a King that is not only of that Perswasion but is become nearly allied to the Society as the Liege Letter tells us VI. It is true our Author would perswade us that the King 's dispensing Power has already put an end to the Dispute and that therefore it is a seeming sort of Perjury see pag. 48. to keep the Justices of Peace still under an Oath of executing those Laws which they must consider no more Some Presidents are brought from former times pag. 22 23 24. of our Kings using the dispensing Power in Edward the Third Richard the Second Henry the Seventh Henry the Eighth Edward the Sixth and Queen Elizabeth's time It is very true that the Laws have been of late broke through among us with a very high hand but it is a little too dangerous to upbraid the Justices of Peace with their Oaths lest this oblige them to reflect on so sacred an Engagement for the worthy Members of Magdalen Colledge are not the only Persons in England who will make Conscience of observing their Oaths so that if others are brought to reflect too much on what they do our Author's Officiousness in suggesting this to them may prove to be no acceptable piece of servce I will not examine all his Presidents we are to be governed by Law and not by some of the excesses of Government nor is the latter end of Edward the Third a time to be much imitated and of all the parts of the English History Richard the Second's Reign should be the least mentioned since those excesses of his produced so Tragical a Conclusion as the loss of his Crown and Life Henry the Sixth's feeble and imbroiled Reign will scarce support an Argument and if there were some excesses in Henry the Eighth's time which is ordinary in all great Revolutions he got all these to be either warranted or afterwards confirmed in Parliament And Q. Elizabeth's Power in Ecclesiastical matters was founded on a special Act of Parliament which was in a great measure repealed in the year 1641. and that Repeal was again ratified by another Act in the late King's time We are often told of the late King's repealing the Act concerning the Sise of Carts and Waggons but all Lawyers know that some Laws are understood to be abrogated without a special Repeal when some visible Inconvenience enforces it such as appeared in that
mistaken Act concerning Waggons so the King in that case only declared the Inconvenience which made that Law to be of it self null because it was impracticable It is true the Parliament never questioned this a man would not be offended if another pulled a Flower in his Garden that yet would take it ill if he broke his Hedge and in Holland to which our Author's Pen leads him often when a River changes its course any man may break the Dike that was made to resist it yet that will be no warrant to go and break the Dike that resists the Current of the same River So if a dispensing Power when applied to smaller Offences has been passed over as an excess of Government that might be excusable tho' not justifiable this will by no means prove that Laws made to secure us against that which we esteem the greatest of Evils may be superseded because twelve Men in Scarlet have been hired or practised on to say so the Power of pardoning is also unreasonably urged for justifying the Dispensing Power the one is a Grace to a particular Person for a Crime committed whereas the other is a warrant to commit Crimes In short the one is a Power to save Men and the other is a Power to destroy the Government But tho' they swagger it out now with the Dispensing Power yet rode caper vitem may come to be again in season and a time may come in which the whole Party will have reason to wish that some hair-brained Jesuits had never been born who will rather expose them not only to the Resentments but even to the Justice of another season in which as little regard will be had to the Dispensing Power as they have to the Laws at present then accept of reasonable Propositions VII Our Author's Kindness to the States of Holland is very particular and returns often upon him and it is no wonder that a State setled upon two such Hinges as the Protestant Religion and publick Liberty should be no small Eye sore to those who intend to destroy both So that the slackning the Laws concerning Religion and the invading that State seem to be Terms that must always go together In the first War began the first slackning of them and after the Triple Alliance had laid the Dutch asleep when the second War was resolved on which began with that Heroical Attempt on the Smyrna Fleet for our Author will not have the late King's Actions to be forgotten at the same time the famous Declaration suspending the Laws in 1672. came out and now again with another Declaration to the same purpose we see a return of the same good Inclinations for the Dutch tho' none before our Author has ever ventured in a Book licensed by my Lord President of the Council to call that Constitution pag. 68. A Revolt that they made from their lawful Prince and to raise his stile to a more sublime Strain he says pag. 66. That their Commonwealth is only the Result of an absolute Rebellion Revolt and Defection from their Prince and that the Laws that they have made were to prevent any casual return to their natural Allegiance And speaking of their Obligation to protect a Naturalized Subject he bestows this Honour on them as to say pag. 57 58. Those that never yet dealt so fairly with Princes may be suspected for such a superfluous Faith to one that puts himself upon them for a Vassal Time will shew how far the States will resent these Injuries only it seems our Author thinks that a Soveraign's Faith to protect the Subject is a superfluous thing a Faith to Hereticks is another superfluous thing so that two Superfluities one upon another must be all that we are to trust to But I must take notice of the variety of Methods that these Gentlemen use in their Writings Here in England we are always upbraided with the Revolt of the Dutch as a scandalous Imputation on the Protestant Religion and yet in a late Paper entituled An Answer to Pensioner Fagel's Letter the Services that the Roman Catholicks did in the beginning of that Commonwealth are highly extolled as signal and meritorious upon which the Writer makes great Complaints That the Pacification of Gaunt and the Union at Utrecht by which the free Exercise of their Religion was to be continued to them was not observed in most of the Provinces But if he had taken pains to examine the History of the States he would have found that soon after the Union made at Utrecht the Treaty at Collen was set on foot between the King of Spain and the States by the Emperor's Mediation in which the Spaniars studied to divide the Roman Catholicks of these Provinces from the Protestants by offering a Confirmation of all the other Priviledges of these Provinces excepting only the Point of Religion which had so great an Effect that the Party of the Malcontents was formed upon it and these did quickly capitulate in the Walloon Provinces and after that not only Barbant and Flanders capitulated but Reenenburgh that was Governour of Groening declared for the King of Spain and by some Places that he took both in Friseland and Over-Issel he put these Provinces under Contribution Not long after that both Daventer and Zutphen were betrayed by Popish Governours and the War was thus brought within the Seven Provinces that had been before kept at a greater distance from them Thus it did appear almost every where that the hatred with which the Priests were inspiring the Roman Catholicks against the Protestants disposed them to betray all again to the Spanish Tyranny The new War that Reenenburgh's Treachery had brought into these Provinces changed so the State of Affairs that no wonder if this produced a change likewise with relation to that Religion since it appeared that these Revolts were carried on and justified upon the Principles of that Church and the general Hatred under which these Revolts brought the Roman Catholicks in those Out Provinces made the greater part of them to withdraw so that there were not left such numbers of them as to pretend to the free Exercise of their Religion But the War not having got into Holland and Utrecht and none of that Religion having revolted in those Provinces the Roman Catholicks continued still in the Country and tho' the ill Inclinations that they shewed made it necessary for the publick Safety to put them out of the Government yet they have still enjoyed the common Rights of the Country with the free Exercise of their Religion But it is plain that some men are only waiting an opportunity to renew the old Delenda est Carthago and that they think it is no small step to it to possess all the World with odious Impressions of the Dutch as a rebellious and perfidious State and if it were possible they would even make their own Roman Catholick Subjects fancy that they are persecuted by them But tho' men may be brought to believe
been among us and even to forget the Injuries that have been done us all that we do now one against another is to shorten the work of our Enemies by destroying one another which must in Conclusion turn to all our Ruin. It is a mad Man's Revenge to destroy our Friends that we may do a pleasure to our Enemies upon their giving us some good words and if the Dissenters can trust to Papists after the usage that the Church of England has met with at their Hands all the Comfort that they can promise themselves when Popery begins to act its natural part among us and to set Smithfield again in a Fire is that which befell some Quakers at Rome who were first put in the Inquisition but were afterwards removed to Bedlam so tho those false Brethren among the Dissenters who deceive them at present are certainly no Changlings but know well what they are doing yet those who can be cheated by them may well claim the priviledg of a Bedlam when their Folly has left them no other Retreat XI I will not digress too far from my present purpose nor enter into a discussion of the Dispensing Power which was so effectually overthrown the other day at the King's Bench Bar that I am sure all the Authority of the Bench it self is no more able to support it Yet some late Papers in favour of it give me occasion to add a little relating to that Point It is true the Assertor of the Dispensing Power who has lately appeared with Allowance pretends that it can only be applied to the Test for Publick Imployments for he owns that the Test for both Houses of Parliament is left entire as not within the compass of this extent of the Prerogative But another Writer whom by his Sense we must conclude an Irish Man by his Brow a Jesuit and by the bare designation in the Title Page of James Stewart's Letter a Quaker goes a strain higher and thinks the King is so absolutely the Sovereign as to the Legislative part of our Government that he may dissolve even the Parliament Test so nimbly has he leap'd from being a Secretary to a Rebellion to be an Advocate for Tyranny He fancies that because no Parliament can bind up another therefore they cannot limit the Preliminaries to a subsequen Parliament But upon what is it then that Counties have but two Knights and Burroughs as many that Men below such a value have no Vote that Sheriffs only receive Writs and return Elections besides many more necessary Requisites to the making a legal Parliament In short if Laws do not regulate the Election and Constitution of a Parliament all these things may be overthrown and the King may cast the whole Government in a new Mould as well as dissolve the Obligation that is on the Members of Parliament for taking the Test It is true that as soon as a Parliament is legally met and constituted it is tied by no Laws so far as not to repeal them But the Preliminaries to a Parliament are still Sacred as long as the Law stands that settled them for the Members are still in the quality of ordinary Subjects and not entred upon their share in the Legislative Power till they are constituted in a Parliament legally chosen and lawfully assembled that is having observed all the Requisites of the Law. But I leave that impudent Letter to return to the most modest Apology that has been yet writ for the Dispensing Power It yields that the King cannot abrogate Laws and pretends only that he can dispense with them And the distinction it puts between Abrogation and Dispensation is that the one is a total Repeal of the Law and that the other is only a slackning of its obligatory Force with Relation to a particular Man or to any Body of Men so that according to him a simple Abrogation or a total Repeal is beyond the compass of the Prerogative I desire then that this Doctrine may be applied to the following words of the Declaration from which the Reader may infer whether these do import a simple Abrogation or not and by Consequence if the Declaration is not Illegal We do hereby further declare that it is our Royal Will and Pleasure that the Oaths commonly called the Oaths of Supremacy and Allegiance and also the several Tests and Declarations shall not at any time hereafter be required to be taken declared or subscribed by any Person or Persons whatsoever who is or shall be imployed in any Office or Place of Trust either Civil or Military under us or in our Government This is plain English and needs no Commentary That Paper offers likewise an Expedient for securing Liberty of Conscience by which it will be set beyond even the Dispensing Power and that is that by Act of Parliament all Persecution may be declared to be a thing Evil in it self and then the Prerogative cannot reach it But unless this Author fancies that a Parliament is that which those of the Church of Rome believe a General Council to be I mean Infallible I do not see that such an Act would signify any thing at all An Act of Parliament cannot change the Nature of Things which are sullen and will not alter because a hard Word is clap'd on them in an Act of Parliament nor can that make that which is not Evil of it self become Evil of self For can any Act of Parliament make the Clipping of Mony or the not Burying in Wollen evil of it self Such an Act were indeed null of it self and would sink with its own weight even without the burden of the Prerogative to press it down and yet upon such a Sandy Foundation would these Men have us build all our Hopes and our Securities Another Topick like this is that we ought to trust to the Truth of our Religion and the Providence and Protection of God and not lean so much to Laws and Tests All this were very pertinent if God had not already given us humane Assurances against the Rage of our Enemies which we are now desired to abandon that so we may fall an easy and cheap Sacrifice to those who wait for the favourable Moment to destroy us By the same Reason they may perswade us to take off all our Doors or at least all our Locks and Bolts and to sleep in this exposed Condition trusting to God's Protection The Simily may appear a little too high though it is really short of the Matter for we had better trust our selves to all the Thieves and Robbers of the Town who would be perhaps contented with a part of our Goods than to those whose Designs are equally against both Soul and Body and all that is dear to us XII I will only add another Reflection upon the renewing of the Declaration this Year which has occasioned the present Storm upon the Clergy It is repeated to us that so we may see that the King continues firm to the Promises he made
in which we are and it is plain that the Rules serve in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doing and that he will both support us under our Suffering and gloriously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls under another Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Jews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Caesar but judged that they were only subject out of Fear by reason of the Force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government So that no general Considerations from Speculations about Soveraign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Libertits and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in virtue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no Wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Laws ever so many and so manifest And since this has been the constant Doctrine of the Church of
Informations against me which gave the rise to all that has since followed ought to be lookt on as Calumniators and to be punished accordingly and if any ill chosen Expression had fallen from me in the Letter that I writ to the Earl of Middletoune the Privacy of the Letter the Respect that was in it and the Provocation that drew it from me an Accusation of High Treason which is now evidently made out to be a Calumny all these I say give me some reason to conclude that if a secret Animosity of some of my Enemies that have abused their Credit with the King to my Prejudice had not wrought more than a regard to Justice there had not been a second Prosecution when the first was found to be so ill grounded that they were forced to let it fall The Citation is in these Words JAMES by the Grace of God King of Great Brittain France and Ireland Defender of the Faith To our Lovits Heraulds Pursevants Macers and Messre at armes conjunctly and severally specially Constitute Greeting Forsameikle as it is humbly meant et Complaind to us be our right trusty and familiar Councellour Sir John Dalrymple the younger of Stair our Advocat for our Interest Upon Doctor Gilbert Burnet That wher by the Common Law by the Acts of Parliament and the municipall Lawes of this Kingdom the declyning or impugning our Soveraign Authority or putting Treasonable Limitations upon the Prerogatives of our Crown upon the native Allegiance due by any of our Subjects born Scots men whether residing within our Dominions or not are declared to be High Treason and punishable by the Pains due and determined in the Law for Treason Nevertheless it is of verity That Doctor Gilbert Burnet who is a Scotsman by Birth and Education being cited at the Peir and Shoar of Leith at the instance of our Advocat for several Treasonable Crimes to underly the Law by vertue of particular Command from us direct to the Lords of our Privy Council and ane Act of our said Privy Council hereupon ordering our Advocat to Intent the Proces Instead of appeiring before the Lords of Iusticiery Doctor Gilbert Burnet did write and subscribe a Letter dated at the Hague the third day of May last directed for the Earl of Middletoune one of our principal Secretaries of State for our Kingdom of England In the which the said Doctor shows that in respect the Affairs of the Vnited Provinces falls to his Lordships share in the Ministry Therefore he makes the following Addresses to his Lordship and by him to us and gives ane accompt that he is certiorat of the Proces of Treason execute against him at the instance of our Advocat And for answer thereto the Doctor Writes that he hes bein thretteen years out of the Kingdom of Scotland and that he is now upon the point of Marrying in the Netherlands and that he is Naturalized by the States of Holland and that thereby during his stay there his Allegiance is translated from us to the Soveraignity of the Province of Holland and in the end of his Letter he Certifies that if this decly natur be not taken of his hand to sist the Proces he will appeir in Print in his own Defence and will not so far betray his own Innocence as to suffer a thing of that nature to pass upon him In which he will make a recital of Affairs that hes passed these twenty years and a vast number of particulars which he believes will be displeasing to us and therfor desires that he may not be forced to it which is a direct declyning of our Authority denying of his Allegiance to us and asserting that his Allegiance is translated from us to the Soveraignty of the States of Holland And a threatning us to expose traduce disparage and bely our Government and the publict Actings for twenty years past Tho he acknowledges it will be displeasing to us Yet by a most Indiscret and Disloyal Insolence he threatens to do it in contempt Except forsooth we will acquiesse and suffer the derly natur of our Royal Authorite and pass from the Proces as having no Allegiance due to us from the Doctor c. After this follows the form of Law ordinary in such Citations by which I am required to appear on the 9th day of August in order to my Tryal which was to be six days after that under the Pains of being declared a Rebel and a Fugitive and all bears date the 10th of June 1687. I shall offer only two Exceptions to this in point of Form 1st there is no Special Law set forth here upon which I am to be Judged which as I am informed by those who understand the Law of Scotland makes the Citation null in point of Form since High Treason is a Crime of such a Nature that no Man can be concluded Guilty of it but upon a special Law. 2dly In Criminal matters no Proofs of any Writing upon the Similitude of Hands are so much as admitted by the Law of Scotland so that all such Proofs are only General Presumptions and therefore since there is no other Proof that can be pretended in this case it is not possible according to the grounds and practice of the Scottish Law to find me Guilty upon this Citation Upon my not appearance on the 9th day of August the matter was for some time delayed At last a Writ was issued out against me called in the Law of Scotland Letters of Horning because they are published with the blast of a Horn in which I am declared the King's Rebel but this is not issued out upon the account of the Matter of the Citation of which no Cognizance has been taken But only for my not appearance to offer my self to Tryal and the Operation of this in Law is only the putting me out of the King's Protection and the present Seizing on my personal Estate and after a year the Seizing any thing that I enjoy for Term of Life but this Writ does neither affect my Life nor my Posterity nor can an Estate of Inheritance be so much as Confiscated by it and tho the term Rebel is put in it that word is only a Form of Law for every man that does not pay his Debts is liable to such a Writ and he is declared the King's Rebel just as the Chancery in England issues out a Writ of Rebellion upon Contempts so that if the being called a Rebel in such a Writ gives the Government a right to demand me then every Man that retires into Holland either out of England or Scotland upon the account of a disorder in his Affairs may be demanded as soon as any such Writ goes out against him As for the matter of this Citation I said so much upon it in my former Paper that since no Answer has been made to that I do not think it necessary to say any more than what will occur to me in the account of the Progress of this
put the Nation on an Enquiry that nothing but necessity will drive them to For a Nation may be laid asleep and be a little cheated but when it is awakened and sees its danger it will not look on and see a Rape made on its Religion and Liberties without examining From whence have these Men this Authority They will hardly find that it is of Men and they will not believe that it is of God. But it is to be hoped that there will be no occasion given for this angry Question which is much easier made than answered VII If all that were now asked in favour of Popery were only some Gentleness towards the Papists there were some reason to entertain the Debate when the Demand were a little more modest If Men were to be attainted of Treason for being reconciled to the Church of Rome or for reconciling others to it If Priests were demanded to be hanged for taking Orders in the Church of Rome and if the two thirds of the Papists Estates were offered to be levied it were a very natural thing to see them uneasie and restless but now the matter is more barefaced they are not contented to live at ease and enjoy their Estates but they must carry all before them and F. Petre cannot be at quiet unless he makes as great a Figure in our Court as Pere de la Chaise does at Versailles A Cessation of all Severities against them is that to which the Nation would more easily submit but it is their Behaviour that must create them the continuance of the like Compassion in another Reign If a restless and a persecuting Spirit were not inherent in that Order that has now the Ascendant they would have behaved themselves so decently under their present Advantages as to have made our Divines that have charged them so heavily look a little out of countenance and this would have wrought more on the good Nature of the Nation and the Princely Nobleness of the Successors whom we have in view than those Arts of Craft and Violence to which we see their Tempers carry them even so early before it is yet time to shew themselves The Temper of the English Nation the Heroical Vertues of those whom we have in our Eyes but above all our most holy Religion which instead of Revenge and Cruelty inspires us with Charity and Mercy even for Enemies are all such things as may take from the Gentlemen of that Religion all sad Apprehensions unless they raise a Storm against themselves and provoke the Justice of the Nation to such a degree that the Successors may find it necessary to be just even when their own Inclinations would rather carry them to shew Mercy In short they need fear nothing but what they create to themselves so that all this stir that they keep for their own Safety looks too like the securing to themselves Pardons for the Crimes that they intend to commit VIII I know it is objected as no small Prejudice against these Laws That the very making of them discovered a particular Malignity against His Majesty and therefore it is ill Manners to speak for them The first had perhaps an Eye at his being then Admiral and the last was possibly levelled at him tho' when that was discovered he was excepted out of it by a special Proviso And as for that which past in 73 I hope it is not forgot that it was enacted by that Loyal Parliament that had setled both the Prerogative of the Crown and the Rites of the Church and that had given the King more Money than all the Parliaments of England had ever done in all former Times A Parliament that had indeed some Disputes with the King but upon the first Step that he made with relation to Religion or Safety they shewed how ready they were to forget all that was past as appeared by their Behaviour after the Triple Alliance And in 73 tho' they had great cause given them to dislike the Dutch War especially the strange beginning of it upon the Smyrna Fleet and the stopping the Exchequer the Declaration for Toleration and the Writs for the Members of the House were Matters of hard Digestion yet no sooner did the King give them this new Assurance for their Religion then tho' they had very great Reasons given them to be jealous of the War yet since the King was engaged they gave him 1200000 Pounds for carrying it on and they thought they had no ill Peniworths for their Money when they carried home with them to their Countries this new Security for their Religion which we are desired now to throw up and which the Reverend Judges have already thrown out as a Law out of date If this had carried in it any new piece of Severity their Complaints might be just but they are extream tender if they are so uneasie under a Law that only gives them Leisure and Opportunities to live at home And the last Test which was intended only for shutting them out from a share in the Legislative Body appears to be so just that one is rather amased to find that it was so long a doing than that it was done at last and since it is done it is a great presumption on our Understandings to think that we should be willing to part with it If it was not sooner done it was because there was not such cause given for Jealousie to work upon but what has appeared since that time and what has been printed in his late Majesty's Name shews the World now that the Jealousies which occasioned those Laws were not so ill grounded as some well-meaning Men perhaps then believed them to be But there are some Times in which all Mens Eyes come to be opened IX I am told some think it is very indecent to have a Test for our Parliaments in which the King's Religion is accused of Idolatry but if this Reason is good in this Particular it will be full as good against several of the Articles of our Church and many of the Homilies If the Church and Religion of this Nation is so formed by Law that the King's Religion is declared over and over again to be Idolatrous what help is there for it It is no other than it was when His Majesty was Crowned and Swore to maintain our Laws I hope none will be wanting in all possible Respect to His Sacred Person and as we ought to be infinitely sorry to find him engaged in a Religion which we must believe Idolatrous so we are far from the ill Manners of reflecting on his Person or calling him an Idolater for as every Man that reports a Lie is not for that to be called a Liar so tho' the ordering the Intention and the prejudice of a Mispersuasion are such Abatements that we will not rashly take on us to call every Man of the Church of Rome an Idolater yet on the other hand we can never lay down our Charge against the Church
of Rome as guilty of Idolatry unless at the same time we part with our Religion X. Others give us a strange sort of Argument to persuade us to part with the Test they say The King must imploy his Popish Subjects for he can trust no other and he is so assured of their Fidelity to him that we need apprehend no Danger from them This is an odd Method to work on us to let in a sort of People to the Parliament and Government since the King cannot trust us but will depend on them so that as soon as this Law is repealed they must have all the Imployments and have the whole Power of the Nation lodged in their hands this seems a little too gross to impose even on Irishmen The King saw for many Years together with how much Zeal both the Clergy and many of the Gentry appeared for his Interests and if there is now a Melancholy Damp on their Spirits the King can dissipate it when he will and as the Church of England is a Body that will never rebel against him so any Sullenness under which the late Administration of Affairs has brought them would soon vanish if the King would be pleased to remember a little what he has so often promised not only in Publick but in Private and would be contented with the Exercise of his own Religion without embroiling his whole Affairs because F. Petre will have it so and it tempts Englishmen to more than ordinary degrees of Rage against a sort of Men who it seems can infuse in a Prince born with the highest sense of Honour possible Projects to which without doing some Violence to his own Royal Nature he could not so much as hearken to if his Religion did not so fatally muffle him up in a blind Obedience But if we are so unhappy that Priests can so disguise Matters as to mislead a Prince who without their ill Influences would be the most Glorious Monarch of all Europe and would soon reduce the Grand Louis to a much humbler Figure yet it is not to be so much as imagined that ever their Arts can be so unhappily successful as to impose on an English Parliament composed of Protestant Members SOME REFLECTIONS On His MAJESTY'S PROCLAMATION Of the Twelfth of February 1686 / 7. for a TOLERATION in Scotland Together with the said PROCLAMATION I. THe Preamble of a Proclamation is oft writ in haste and is the Flourish of some wanton Pen but one of such an Extraordinary nature as this is was probably more severely examined there is a new Designation of his Majesty's Authority here set forth of his Absolute Power which is so often repeated that it deserves to be a little searched into Prerogative Royal and Sovereign Authority are Terms already received and known but for this Absolute Power as it is a new Term so those who have coined it may make it signifie what they will. The Roman Law speaks of Princeps Legibus solutus and Absolute in its natural signification importing the being without all Ties and Restraints then the true meaning of this seems to be that there is an Inherent Power in the King which can neither be restrained by Laws Promises nor Oaths for nothing less than the being free from all these renders a Power Absolute II. If the former Term seemed to stretch our Allegiance that which comes after it is yet a step of another nature tho' one can hardly imagine what can go beyond Absolute Power and it is in these Words Which all our Subjects are to obey without reserve And this is the carrying Obedience many sizes beyond what the Grand Seigneur has ever yet claimed For all Princes even the most violent Pretenders to Absolute Power till Lewis the Great 's Time have thought it enough to oblige their Subjects to submit to their Power and to bear whatsoever they thought good to impose upon them but till the Days of the late Conversions by Dragoons it was never so much as pretended that Subjects were bound to obey their Prince without Reserve and to be of his Religion because he would have it so Which was the only Argument that those late Apostles made use of so it is probable this Qualification of the Duty of Subjects was put in here to prepare us for a terrible le Roy le veut and in that case we are told here that we must obey without reserve and when those severe Orders come the Privy-Council and all such as execute this Proclamation will be bound by this Declaration to shew themselves more forward than any others to obey without reserve and those poor Pretensions of Conscience Religion Honour and Reason will be then reckoned as Reserves upon their Obedience which are all now shut out III. These being the Grounds upon which this Proclamamation is founded we ought not only to consider what Consequences are now drawn from them but what may be drawn from them at any time hereafter for if they are of force to justifie that which is now inferred from them it will be full as just to draw from the same Premises an Abolition of the Protestant Religion of the Rights of the Subjects not only to Church-lands but to all Property whatsoever In a word it asserts a Power to be in the King to command what he will and an Obligation in the Subjects to obey whatsoever he shall command IV. There is also mention made in the Preamble of the Christian Love and Charity which his Majesty would have established among Neighbours but another dash of a Pen founded on this Absolute Power may declare us all Hereticks and then in wonderful Charity to us we must be told that we are either to obey without Reserve or to be burnt without Reserve We know the Charity of that Church pretty well It is indeed Fervent and Burning and if we have forgot what has been done in former Ages France Savoy and Hungary have set before our Eyes very fresh Instances of the Charity of that Religion While those Examples are so green it is a little too imposing on us to talk to us of Christian Love and Charity No doubt his Majesty means sincerely and his Exactness to all his Promises chiefly to those made since he came to the Crown will not suffer us to think an unbecoming Thought of his Royal Intentions but yet after all tho' it seems by this Proclamation that we are bound to obey without Reserve it is Hardship upon Hardship to be bound to Believe without Reserve V. There are a sort of People here tolerated that will be very hardly found out and these are the Moderate Presbyterians Now as some say that there are very few of those People in Scotland that deserve this Character so it is hard to tell what it amounts to and the calling any of them Immoderate cuts off all their share in this Grace Moderation is a Quality that lies in the Mind and how this will be found out I
was in Scotland and the pretension to Absolute Power is so great a thing that since His Majesty thought fit once to claim it he is little beholden to those that make him fall so much in his Language especially since both these Declarations have appeared in our Gazettes so that as we see what is done in Scotland we know from hence what is in some Peoples Hearts and what we may expect in England II. His Majesty tells his People that the perfect Enjoyment of their Property has never been in any Case invaded by him since his coming to the Crown This is indeed matter of great Encouragement to all good Subjects for it lets them see that such Invasions as have been made on Property have been done without His Majesty's knowledge so that no doubt the continuing to levy the Customs and the Additional Excise which had been granted only during the late King's Life before the Parliament could meet to renew the Grant was done without His Majesty's knowledge the many Violences committed not only by Soldiers but Officers in all the Parts of England which are severe Invasions on Property have been all without his Majesty's knowledge and since the first Branch of Property is the Right that a Man has to his Life the strange Essay of Mahometan Government that was shewed at Taunton and the no less strange Proceedings of the present Lord Chancellor in his Circuit after the Rebellion which are very justly called His Campagne for it was an open Act of Hostility to all Law and for which and other Services of the like nature it is believed he has had the Reward of the Great Seal and the Executions of those who have left their Colours which being founded on no Law are no other than so many Murders all these I say are as we are sure Invasions on Property But since the King tells us that no such Invasions have been made since he came to the Crown we must conclude that all these things have fallen out without his Privity And if a Standing Army in time of Peace has been ever look'd on by this Nation as an Attempt upon the whole Property of the Nation in gross one must conclude that even this is done without His Majesty's knowledge III. His Majesty expresses his Charity for us in a kind Wish That we were all Members of the Catholick Church In return to which we offer up daily our most earnest Prayers for him That he may become a Member of the truly Catholick Church for Wishes and Prayers do no hurt on no side But His Majesty adds That it has ever been his Opinion that Conscience ought not to be constrained nor People forced in Matters of meer Religion We are very happy if this continues to be always his Sense but we are sure in this he is no obedient Member of that which he means by the Catholick Church for it has over and over again decreed the Extirpation of Hereticks It encourages Princes to it by the Offer of the Pardon of their Sins it threatens them to it by denouncing to them not only the Judgments of God but that which is more sensible the loss of their Dominions and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the Horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yea the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute her Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in execution so the same Reason may perhaps make it appear unadvisable to extirpate Hereticks because that at present it connot be done but the Right remains entire and is put in execution in such an unrelenting manner in all Places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joined to the Gentleness of his own Temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no Reason to induce us to believe that a Toleration of Religion is proposed with any other Design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to a Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first Beginnings and the Progress of the Divisions among our selves the Gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by somenting our own Differences and by setting on either a Toleration or a Persecution as it has hapned to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the extirpating all the Nonconformists and it were easie to name the Persons if it were decent that had this ever in their Mouths but now all is turned round again the Church of England is in disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in vogue that were such odious things but a few years ago that the very mentioning of them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government is as in an Ague divided between hot and cold Fits no wonder if Laws so unsteadily executed have failed of their Effect V. There is a good Reserve here left for Severity when the proper Opportunity to set it on presents it self for His Majesty declares himself only against the forcing of Men in Matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that Publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing
upon the Protestant Religion that is inconsistent with the Publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these were the happy Occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred Years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible Effects that are visible to all the World. There is another Expression in this Declaration which lets us likewise see with what caution the Offers of Favour are now worded that so there may be an Occasion given when the Time and Conjuncture shall be favourable to break thro' them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of our People from us or our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of Men who to our great Misfortune have so much Credit with his Majesty and who will be no sooner lodged in the Power to which they pretend than they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King. VI. His Majesty makes no doubt of the Concurrence of his two Houses of Parliament when he shall think it convenient for them to meet The Hearts of Kings are unsearchable so that it is a little too presumptuous to look into His Majesties secret Thoughts but according to the Judgments that we would make of other Mens Thoughts by their Actions one would be tempted to think that His Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there were a perfect Understanding between Him and His Parliament and that his People were supporting him with fresh Supplies and this House of Commons is so much at his devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Masque with relation to the Test and since that time the frequent Prorogations the Closetting and the Pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of His Majesty's Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mystery a little which are when His Majesty shall think it convenient for them to meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one Point that either with relation to Religion or Politicks affords a greater variety of Matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige a Parliament to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to the English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has clothed him with a vast Prerogative and made it unlawful upon any Pretence whatsoever to resist him whereas on the other Hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can be either made repealed or which is all one suspended but by their Consent so that the placing this Legislative Power singly in the King is a Subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the Peace of Mankind were very ill secured if it were not unlawful to resist upon any Pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the Publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put Men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving Matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems Indispensible it is in those Oaths of Allegiance and Tests that are thought necessary to qualifie Men either to be admitted to enjoy the Protection of the Law or to bear a Share in the Government for in these the Security of the Government is chiefly concerned and therefore the total extinction of these as it is not only a Suspension of them but a plain Repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the Protection of the State by the Oath of Allegiance and for a share in Places of Trust by the Tests is now pluckt up by the Roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any Persons whatsoever for it is plain that this is no Suspension of the Law but a formal Repeal of it in as plain Words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie
with the King and what Hopes She gave the Party yet they did not so entirely espouse the King's cause but that they had likewise a flying Squadron in the Parliaments Army how boldly soever this may be denied by our Author for this I will give him a Proof that is beyond exception in a Declaration of that Kings sent to the Kingdom of Scotland bearing date the 21 of April 1643. which is printed over and over again and as an Author that writes the History of the late Wars has assured us the clean draught of it corrected in some places with the King 's own Hand is yet extant so that it cannot be pretended that this was only a bold Assertion of some of the Kings Ministers that might be ill affected to their Party In that Declaration the King studied to possess his Subjects of Scotland with the Justice of his Cause and among other things to clear himself of that Imputation that he had an Army of Papists about him after many things said on that head these words are added Great numbers of that Religion have been with great Alacrity entertained in that Rebellious Army against us and others have been seduced to whom we had formerly denied Imployments as appears by the Examination of many Prisoners of whom we have taken twenty and thirty at a time of one Troop or Company of that Religion I hope our Author will not have the Impudence to dispute the Credit that is due to this Testimony but no Discoveries how evident so ever they may be can affect some sort of Men that have a Secret against blushing V. Our Author exhorts us to change our Principles of Loyalty and to take example of our Catholick Neighbours how to behave our selves towards a Prince that is not of our Perswasion But would he have us learn of our Irish Neighbours to cut our Fellow-subjects Throats and rebel against our King because he is of another Religion For that is the freshest Example that any of our Catholick Neighbours have set us and therefore I do not look so far back as to the Gunpowder-Plot or the League of France in the last Age. He reproaches us for failing in our Fidelity to our King. But in this matter we appeal to God Angels and Men and in particular to His Majesty Let our Enemies shew any one point of our Duty in which we have failed for as we cannot be charged for having preach'd any seditious Doctrine so we are not wanting in the preaching of the Duties of Loyalty even when we see what they are like to cost us The Point which he singles out is That we have failed in that grateful Return that we owed His Majesty for his Promise of maintaining our Church as it is established by Law since upon that we ought to have repealed the Sanguinary Laws and the late impious Tests the former being enacted to maintain the Usurpation of Queen Elizabeth and the other being contrived to exclude the present King. We have not failed to pay all the Gratitude and Duty that was possible in return to His Majesties Promise which we have carried so far that we are become the Object even of our Enemies Scorn by it With all Humility be it said that if His Majesty had promised us a farther Degree of his Favour than that of which the Law had assured us it might have been expected that our return should have been a degree of Obedience beyond that which was required by Law so that the return of the Obedience injoined by Law answers a Promise of a Protection according to Law Yet we carried this matter further for as was set forth in the beginning of this Paper we went on in so high a pace of Compliance and Confidence that we drew the Censures of the whole Nation on us Nor could any Jealousies or Fears give us the least Apprehensions till we were so hard pressed in matters of Religion that we could be no longer silent The same Apostle that taught us to honour the King said likewise that we must obey God rather than man. Our Author knows the History of our Laws ill for besides what has been already said touching the Laws made by Queen Elizabeth the severest of all our Penal Laws and that which troubles him and his Friends most was past by K. James after the Gunpowder-Plot a Provocation that might have well justified even greater Severities But tho' our Author may hope to impose on an ignorant Reader who may be apt to believe implicitly what he says concerning the Laws of the last Age yet it was too bold for him to assert that the Tests which are so lately made were contrived to exclude the present King when there was not a Thought of Exclusion many years after the first was made and the Duke was excepted out of the Second by a special Proviso But these Gentlemen will do well never to mention the Exclusion for every time that it is named it will make People call to mind the Service that the Church of England did in that matter and that will carry with it a Reproach of Ingratitude that needs not be aggravated He also confounds the two Tests as if that for Publick Imployments contained in it a Declaration of the King 's being an Idolater or as he makes it a Pagan which is not at all in it but in the other for the Members of Parliament in which there is indeed a Declaration that the Church of Rome is guilty of Idolatry which is done in general terms without applying it to His Majesty as our Author does Upon this he would infer That his Majesty is not safe till the Tests are taken away but we have given such Evidences of our Loyalty that we have plainly shewed this to be false since we do openly declare that our Duty to the King is not founded on his being of this or that Religion so that His Majesty has a full Security from our Principles tho' the Tests continue since there is no reason that we who did run the hazard of being ruined by the Excluders when the Tide was so strong against us would fail his Majesty now when our Interest and Duty are joyned together But if the Tests are taken away it is certain that we can have no Security any longer for we shall be then laid open to the Violence of such restless and ill-natured men as the Author of this Paper and his Brethren are VI. The same reason that made our Saviour refuse to throw himself down from the Roof of the Temple when the Devil tempted him to it in the vain Confidence that Angels must be assistant to him to preserve him holds good in our Case Our Saviour said Thou shalt not tempt the Lord thy God. And we dare not trust our selves to the Faith and to the Mercies of a Society that is but too well known to the World to pretend that we should pull down our Pales to let in such Wolves among us
God and the Laws have given us legal Security and His Majesty has promised to maintain us in it and we think it argues no Distrust either of God or the Truth of our Religion to say that we cannot by any Act of our own lay our selves open and throw away that defence Nor would we willingly expose His Majesty to the unwearied Sollicitations of a sort of men who if we may judge of that which is to come by that which is past would give him no rest if once the restraints of Law were taken off but would drive matters to those Extremities to which we see their Natures carry them head long VII The last Paragraph is a strain worthy of that School that bred our Author he says His Majesty may withdraw his Royal Protection from the Church of England which was promised her upon the account of her constant Fidelity and he brings no other Proof to confirm so bold an Assertion but a false Axiome of that despised Philosophy in which he was bred Cessante causa tollitur effectus This is indeed such an Indignity to His Majesty that I presume to say it with all humble reverence these are the last persons whom he ought to pardon that have the boldness to touch so sacred a point as the Faith of a Prince which is the chief Security of Government and the Foundation of all the Confidence that a Prince can promise himself from his People and which once blasted can never be recovered Equivocations may be both taught and practised with less danger by an Order that has little Credit to lose but nothing can shake Thrones so much as such treacherous Maxims I must also ask our Author in what point of Fidelity has our Church failed so far as to make her forfeit her Title to His Majesties Promises For as he himself has stated this matter it comes all to this The King promised that he would maintain the Church of England as established by Law. Upon which in Gratitude he says That the Church of England was bound to throw up the Chief Security that she had in her Establishment by Law which is that all who are intrusted either with the Legislative or the Executive parts of our Government must be of her Communion and if the Church of England is not so tame and so submissive as to part with this then the King is free from his Promise and may withdraw his Royal Protection tho' I must crave leave to tell him that the Laws gave the Church of England a Right to that Protection whether His Majesty had promised it or not Of all the Maxims in the World there is none more hurtful to the Government in our present Circumstances than the saying that the King's Promises and the Peoples Fidelity ought to be reciprocal and that a Failure in the one cuts off the other for by a very natural Consequence the Subject may likewise say That their Oaths of Allegeance being founded on the Assurance of His Majesties Protection the One binds no longer than the Other is observed and the Inferences that may be drawn from hence will be very terrible if the Loyalty of the so much decryed Church of England does not put a stop to them THE EARL of MELFORT's LETTER TO THE PRESBYTERIAN-MINISTERS IN SCOTLAND Writ in his Majesties Name upon their ADDRESS Together with some Remarks upon it The Earl of Melfort's Letter Gentlemen I Am commanded by His Majesty to signifie unto you his gracious acceptance of your Address that he is well satisfied with your Loyalty expressed therein for the which he resolves to perpetuate the Favour not only during his own Reign but also to lay down Ways for its Continuance and that by appointing in the next ensuing Parliament the taking off all Penal Statutes contrary to the Liberty or Toleration granted by him His Majesty knows that Enemies to Him to You and this Toleration will be using all Endeavours to infringe the same but as ever the Happiness of his Subjects standing in Liberty of Conscience and the Security of their Properties next the Golry of God hath been his Majesties great end so he intends to continue if he have all sutable Encouragement and Concurrence from you in your Doctrine and Practice and therefore as he hath taken away the Protestant Penal Statutes lying on you and herein has walked contrary not only to other Catholick Kings but also in a way different from Protestant Kings who have gone before him whose Maxim was to undo you by Fining Confining and taking away your Estates and to harrass you in your Persons Liberties and Priviledges so he expects a thankful acknowledgment from you by making your Doctrine tend to cause all his Subjects to walk obediently and by your Practice walking so as shall be most pleasing to His Majesty and the concurring with him for the removing these Penal Statutes And he further expects that you continue your Prayers to God for his long and happy Reign and for all Blessings on his Person and Government and likewise that you look well to your Doctrine and that your Example be influential All these are His Majesties Commands Sic subs MELFORT REMARKS THE Secretary Hand is known to all the Writing Masters of the Town but here is an Essay of the Secretary's Stile for the Masters of our Language This is an Age of Improvements and Men that come very young into Imployments make commonly a great Progress therefore common things are not to be expected here it is true some Roughnesses in the Stile seem to intimate that the Writer could turn his Conscience more easily than he can do his Pen and that the one is a little stiffer and less compliant than the other He tells the Addressers That His Majesty is well satisfied with their Loyalty contained in their Address for the which he resolves to perpetuate the Favour It appears that the Secretary-Stile and the Notary-Stile come nearer one another than was generally believed For the which here and infringe the same afterwards are Beauties borrowed from the Notary-Stile The foresaid is not much courser The King 's perpetuating the Favour is no easie thing unless he could first perpetuate himself Now tho' His Majesties Fame will be certainly immortal yet to our great Regret his Peron is mortal so it is hard to conceive how this Perpetuity should be setled The Method here proposed is a new Figure of the Secretary-Stile which is the appointing in the next ensuing Parliament the taking off all Penal Laws All former Secretarie used the modest Words of proposing or recommending that he who in a former Essay of this Stile told us of His Majesties Absolute Power to which all the Subjects are to obey without reserve furnishes us now with this new term of the King 's appointing what shall be done in Parliament But what if after all the Parliament proves so stubborn as not to comply with this Appointment I am afraid then the Perpetual will
the Council of Scotland that Husbands should be fined for their Wives not going to Church tho' it was not founded on any Law. And of all Men living he ought to be the last that should speak of the taking away of Estates who got a very fair one during the present Reign by an Act of Parliament that attainted a Gentleman in a Method as new as his Stile is upon this ground that two Privy Counsellors declared they belived him guilty He will hardly find among all the Maxims of those Protestant persecuting Kings any one that will justifie this It seems the New Stile is not very copious in Words since Doctrine is three times repeated in so short a Letter He tells them that their Doctrine must tend to cause all the Subjects to walk obediently now by obediently in this Stile is to obey the Absolute Power without reserve for to obey according to Law would pass now for a Crime This being then his meaning it is probable that the Encouragements which are necessary to make His Majesty continue the happiness of his Subjects will not be so very great as to merit the perpetuating this Favour There is with this a heavy charge laid upon them as to their Practice that it must be such as shall be most pleasing to his Majesty for certainly that can only be by their turning Pastpis since a Prince that is so zealous for his Religion as His Majesty is cannot be so well pleased with any other thing as with this Their concurring with the King to remove the Penal Laws comes over again for tho' Repetitions are Impertinencies in the Common Stile they are Flowers in the new one In Conclusion he tells them That the King expects that they will continue their Prayers for him yet this does not agree too well with a Catholick Zeal for the Prayers of damned Hereticks cannot be worth the asking for the third time he tells them to look well to their Doctrine now this is a little ambiguous for it may either signifie that they should study the Controversies well so as to be able to defend their Doctrine solidly or that they should so mince it that nothing may fall from them in their Sermons against Popery this will be indeed a looking to their Doctrine but I do not know whether it will be thought a looking well to it or not He adds That their Example be influential I confess this hard new word frighted me I suppose the meaning of it is That their Practice may be such as that it may have an Influence on others yet there are both good and bad Influences a good Influence will be the animating the People to a Zeal for their Religion and a bad one will be the stackning and softning of that Zeal A little more clearness here had not been amiss As for the last Words of this Letter That all these are his Majesty's Commands it is very hard for me to bring my self to believe them For certainly he has more Piety for the Memory of the late Martyr and more regard both to himself to his Children and to his People than to have ever given any such Commands In order to the communicating this Piece of Elegance to the World I wish the translating it into French were recommended to Mr. d' Albeville that it may appear whether the Secretary-Stile will look better in his Irish-French than it does now in the Scotch-English of him who penned it REFLECTIONS ON A PAMPHLET Entitled PARLIAMENTUM PACIFICUM Licensed by the EARL of SVNDERLAND AND Printed at London in March 1688. I. PEace is a very desirable thing yet every State that is peaceable is not blindly to be courted An Apoplexy is the most peaceable State in which a Man's Body can be laid yet few would desire to pacifie the Humours of their Body at that rate An Implicite Faith and Absolute Slavery are the two peaceablest things that can be yet we confess we have no mind to try so dangerous an Experiment and while the Remedies are too strong we will chuse rather to bear our Disease than to venture on them The Instance that is proposed to the Imitation of the Nation is that Parliament which called in the late King and yet that cannot so much as be called a Parliament unless it be upon a Commonwealth Principle That the Sovereign Power is radically in the People For its being chosen without the King 's Writ was such an Essential Nullity that no subsequent Ratification could take it away For all People saw that they could not depend upon any Acts past by it and therefore it was quickly dissolved and ever since it has been called by all the Monarchical Party a Convention and not a Parliament But now in order to the courting the Common-wealth Party this is not only called a Parliament but is proposed as a Pattern to all others from the beginning to Page 19. II. But since this Author will send us back to that Time and since he takes it so ill that the Memory of the late King should be forgotten let us examine that Transaction a little and then we shall see whether it had not been more for His Honour to let it be forgotten The King did indeed in his Declaration from Breda promise Liberty of Conscience on which he insisted in a large and wise Declaration set out after he was setled on the Throne but after that he had got a Parliament chosen all of Creatures depending on himself who for many years granted him every thing that he desired a severe Act of Uniformity was passed and the King's Promise was carried off by this That the King could not refuse to comply with so Loyal a Parliament It is well enough known that those who were then secretly Papists and who disguised their Religion for many Years after this as the King himself did to the last animated the Chief Men of our Church to carry the Points of Uniformity as high as was possible and that both then and ever since all that proposed any Expedients for uniting us or as it was afterwards termed for Comprehending the Dissenters were represented as the Betrayers of the Church The Design was then clear to some that so by carrying the Terms of Conformity to a great rigidity there might be many Nonconformists and great occasion given for a Toleration under which Popery might insensibly creep in For if the Expedients that the King himself proposed in his Declaration had been stood to it is well known that of the Two thousand Consciencious Ministers as he calls them pag. 14. by an Affectation too gross to pass on them that were turned out above Seventeen hundred had staid in Their Practices had but too good Success on those who were then at the Head of our Church whose Spirits were too much soured by their ill usage during the War and whose Principles led them to so good an Opinion of all that the Court did that for a great while they
the begetting of an understanding betwixt the King and the States and the Parliament will consent to the Liberty so much the rather that they have a Protestant Successor in prospect I cannot on these things make any Conclusion but simply leave them to your Reflection and the best use you please to make of them I will expect your Answer per first Windsor July 18. 1687. THE Hints that I gave you in my two former Letters I shall now explain more fully in this And therefore I heartily wish that the Prince and Princess may understand all that you think needful on this Subject it troubles his Majesty to find them so averse from approving this Liberty and concurring for its Establishment so that in truth I cannot see why their Highnesses should not embrace cheerfully so fair an Opportunity to gratify both his Majesty and the far greater and better part of the Nation Now upon the whole I expect that you will make all I have written fully known at the Hague especially with the Prince But the main thing I expect from you is to have your Mind whether or not his Highness may be so disposed as that a well chosen Informer sent to himself might perfect the work And this Answer I will expect per first where-ever the Prince be you know who are to be spoken and how I again entreat your Care and Dispatch in this with your Return London July 29. 1687. MIne of the 9 / 19 July with my last of the 26th July V. St. will I am sure satisfy you fully for therein I have indeed answered all can be objected and have given you such an Account of the Confirmation of all I have writ from his Majesty himself that I must think it a Fatality if your People remain obstinate And I again assure you if your People be obstinate it will be fatal to the poor Dissenters and I fear productive of Ills yet unheard of and therefore pray consider my Letters and let me know if there be any place to receive Information by a good hand but however let us endeavour Good all we can and I assure you I have my Warrant Haste your Answer Windsor Aug. 5. 1687. AND in a word believe me if the Prince will do what is desired it is the best Service to the Protestants the Highest Obligation on his Majesty and the greatest Advancement of his own Interest that he can think on but if not then all is contrary but pray haste an Answer Windsor Aug. 12. 1678. I Have yours of the 5 / 15 Instant long look'd for your Remark that you have received mine of the 26th of July but say nothing of that of the 19th which was my fullest and which I assure you was writ not only with permission but according to his Majesty 's Mind sufficiently expressed our Religion ought certainly to be dearer to us than all Earthly Concerns It is very true what you say that Mistakes about its Concerns especially in such a time may be of the greatest Importance which no doubt should perswade to a very scrupulous caution But yet I am satisfied that the simple representing of what was wrote to you which was all I required was no such difficult Task But to be plain with you as my Friend your return was not only long delay'd but I observe such a Coldness in it different from the strain of your former that I think I mistake not when I understand by your Letter more than you express I wish the P. may see or hear this from end to end London Aug. 22. 1687. I have yours of the 16th Instant When I said your last was more cool I meant not as to your Affection but as to your Diligence in that Affair for I am perswaded that the establishing of this Liberty by Law is not only the Interest of Protestant Dissenters above all others but that his Highness consenting to it would be its secure Guarantee both against Changes and Abuses As you love the quiet of good Men and me leave of Complements and Ceremonies and discourse his Highness of all I have written I am now hastning to Scotland but may return shortly for the King is most desirous to gain the Prince and he will be undoubtedly the best Guarantee to us of this Liberty and also to hinder all your Fears about Popery Newark Aug. 26. 1687. BUT now I must tell you that though I know to be my very good Friend yet he hath not answered my Expectation for you see that to seven of mine he gave me not one word of Answer although I told him that the Substance of them was writ by the King's Allowance and a Return expected by him besides the Answers he makes are either Generals or Complements whereas my desire was that the Prince should know things and that his Answer with his Reasons might be understood but my Friend has delayed and scruffed things From Scotland Septemb. 24. 1687. I Have yours of the 30th of August but have delayed so long to answer because I had written other Letters to you whereof I yet expect the Return my most humble Duty to my Friend at the Hague Edinburgh Octob. 8. 1687. AS for that more important Affair wherewith I have long troubled you I need add no more my Conscience bears me witness I have dealt sincerely for the freedom of Gospel I had certainly long ere now written to Pensioner Fagel were it not that I judged you were a better Interpreter of any thing I could say I know his real Concern for the Protestant Religion and shall never forget his undeserved Respects to me but alas that Providences should be so ill understood London Novemb. 8. 1687. I Have yours of the 1st of November the enclosed from the L. Pensionary surprize me with a Testimony of his Favour and Friendship and also of his sincere love to the Truth and fair and candid reasoning upon the present Subject of Liberty beyond what I can express he hath seriously done too much for me but the more he hath done in Compliance with my insignificant Endeavours the more do I judg and esteem his noble and zealous Concern for Religion and Peace which I am certain could only in this matter be his just Motive I hope you will testify to him my deep sense of his Favour and most serious profession of Duty with all diligence until I be in case to make his L. a direct return I shewed the Letter to my Lord Melfort who was satisfied with it London Novemb. 6. 1687. which it seems is by a Mistake of the Date I Have your last but have been so harrassed and toiled that I have not had time to write to you much less to my L. Pensionary yet since my last I acquainted the Earl of Sunderland with his Answer as the King ordered me but I see all hope from your side is given quite over and Men are become as cold in it here as you are positive there London
being above three Years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threating and Turning out of all Persons out of Imployments who had refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly choose the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no legal Officers and by consequence those Elections that pass under their Authority are null and void If I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particular Laws made in K. Charles the First and the late King's Time securing them from all Commissions that the King can raise for Judging or Censuring them If then in opposition to this a Court so condemned is erected which proceeds to judg and censure the Clergy and even to disseise them of their Free-holds without so much as the form of a Trial though this is the most indispensible Law of all those that secure the Property of England and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him If likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuncio's from thence which is plainly Treason by Law If likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Jesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State And if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Imployments both Military and Civil then it is plain That all the Rights of the Church of England and the whole Establishment of the Protestant Religion are struck at and design'd to be overturn'd since all these Things as they are notoriously illegal so they evidently demonstrate That the great Design of them all is the rooting out of this Pestilent Heresy in their Stile I mean the Protestant Religion In the next place If in the whole course of Justice it is visible that there is a constant practising upon the Judges that they are turned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are put in their places If an Army is kept up in time of Peace and Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a Rape upon all our Liberties and a Destruction of the Nation If I say all these things are true in Fact then it is plain that there is such a Dissolution of the Government made that there is not any one part of it left sound and entire And if all these things are done now it is easy to imagine what may be expected when Arbitrary Power that spares to Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Beneviolences and all sorts of Illegal Taxes as from the other we may expect Burning Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Parliament that passed in K. James I. Minority though they were ratified by himself when he came to be of Age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in Execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain that not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the Hands and Power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island and for the Massacre of the English in it If thus all the several Branches of our Constitution are dissolved it might be at least expected that one part should be left entire and that is the Regal Dignity And yet even that is prostituted when we see a young Child put in the Reversion of it and pretended to be the Prince of Wales concerning whose being born of the Queen there appear
in Mr. Fagel's Letter and how well that was received and how civilly it was answer'd all England saw It is true the Prince is very nearly related to the King but there are other Ties stronger than the Bonds of Flesh and Blood He owes more to the Protestant Religion and to the Nation than can be defaced by any other Relation whatsoever and if the faling in one Relation excuses the other then enough might be said to shew at what pains the Court of England has been to free the Prince from all other Engagements except those of Loving Enemies and doing good to those who despitefully use us for upon this account the Prince lies under all possible Obligations 11. The Reflector thinks that those who left Ireland were driven by a needless Fear but tho' he has no reason to apprehend much from the Irish Papists yet those who saw the last Bloody Massacre may be forgiven if they have no mind to see such another He faintly blames that great Change that was lately made in the whole Government of Ireland but he presently excuses it since it was natural for the King and his Friends to desire to be safe some where till they had fair Quarter in England they must make sure of Ireland but he adds that as soon as that was done the thing must have returned into its old Channel again This ought to be writ only to Irishmen for none of a higher size of Understanding can bear it if it can ever be shewed that Papists have yielded up any thing which they had once wrung out of the Hands of Protestants except when they were forced to it we may believe this and all the other gross things which are here imposed on us The plain Case was the Papists resolved to destroy us and to put themselves in case to do it as soon as was possible So they went about it immediately in Ireland only they have delay'd the giving the Signal for a new Massacre till Matters were ripe for it in England 12. The Reflector has reason to avoid the saying any thing to the Article of Scotland for even his Confidence could not support him in justifying the King's claiming an Absolute Power to which all are bound to obey without reserve and the Repealing of a great many Laws upon that Pretension this is too gross for Humane Nature and the Principles of all Religions whatsoever Our Author avoids speaking to it because he does not know the Extent of the Prerogative of that Crown But no Prerogative can go to an Obedience without Reserve nor can Absolute Power consist with any Legal Government 13. The Declaration had set forth that the Evil Counsellors had represented the Expedient offer'd by the Prince and Princess as offer'd on design to disturb the Quiet and Happiness of the Kingdom upon which the Reflector bestows this kind Remark on the Ministry And did they not say true as it happens Believe me some Folks think many of them are not often guilty of such forelight The Writer is angry that his Side is not uppermost and tho' he includes himself in the Ministry by saying Us when he speaks of them yet here tho' he was to censure the Party that is against him he distinguishes them by saying many of the Counsellors use not to have such foresight But perhaps they can object as much to his foresight and with as much reason But if the King comes up to Mr. Fagel's Letter why was it rejected with so much Scorn and answered with so much Insolence Now perhaps they would hearken to it when they have brought both themselves and the Nation to the brink of Ruin by their mad Councils But they ought to be forgiven since they have been true to the Principles and Dictates of their Religion 14. Our Reflector thinks a Free Parliament a Chimera and indeed he and his Friends have been at a great deal of pains to render it impossible But perhaps he may be quickly cured of his Error and a Free One is the sooner like to be chosen when he and such as he are set at a due distance from the Publick Councils If Members are sometimes chosen by Drinking and other Practices this is bad enough but still it is not so bad as the laying a Force upon the Electors and a Restraint upon the Election Nor is it very much to the King's Honour to remember how the last Parliament was chosen it was indeed a very disgusting Essay in the beginning of a Reign and gave a sad prospect of what might be look'd for but if one Violence was born with when the struggle of another Party seemed to excuse it this does not prove that a course of such Violences when the Design is become both more visible and less excusable ought to be endured If the Members of that Parliament proved Worthy Patriots I do not see why they ought not to be remembred with Honour tho' there is a great deal to be said upon their first elevation to that Character which they maintained indeed nobly so that if the first Conception of the Parliament was Irregular yet its End was Honourable since never a Parliament was dissolv'd upon a more Glorious Account 15. The Reflector sets up all his Sail when he enters upon the Article of the pretended Prince of Wales This was a Point by which he hoped to merit highly and upon that to gain ground on that Party of the Court on whom he had reflected with so much scorn Therefore here must the Prince be attack'd with all the malicious Force to which his Rhetorick could carry him and all those Men of Honour that went over to wait on him at the Hague and to represent to him the bleeding and desperate Condition of the Nation must be stigmatized as a lewd Crew of Renegadoes tho I must tell him that the common acceptation of Renegado is one that changes his Religion and by this he will find some near him to whom that Character belongs more justly He almost blames the King for the low Step he lately made to prove that Birth It was a low one indeed to make so much ado and to bring together such a Solemn Appearance to hear so slight a Proof produced which could have no other Effect but to make the Imposture so much the more visible when the utmost Attempts to support it appear to be now so feeble that as to the main Point of the Queen's bearing the Child there is not so much as a colour of a Proof produc'd And it is certain that if this had been a fair thing the Court would have so managed it that it should not have been in the Power of any Mortal to have called it in question And on the other hand they have so managed it that one must needs see in every step of it broad Marks of an Imposture It will not be half Proofs nor suborned Witnesses that will satisfy the Nation in so great a Point But I will
some Bodies that pass for General Councils have so expounded many Passages of it and have wrested them so visibly that none of the Modern Writers of that Church pretend to excuse it I say I must freely own to you that when I find I need a Commentary on dark Passages these will be the last Persons to whom I will address my self for it Thus you see how fully I have opened my mind to you in this matter I have gone over a great deal of Ground in as few Words as is possible because hints I know are enough for you I thank God these Considerations do fully satisfy me and I will be infinitely joyed if they have the same effect on you I am yours THis Letter came to London with the return of the first Post after his late Majesties Papers were sent into the Country some that saw it liked it well and wished to have it publick and the rather because the Writer did not so entirely confine himself to the Reasons that were in those Papers but took the whole Controversy to task in a little compass and yet with a great variety of Reflections And this way of examining the whole Matter without following those Papers word for word or the finding more fault than the common concern of this Cause required seemed more agreeing to the Respect that is due to the Dead and more particularly to the Memory of so great a Prince but other Considerations made it not so easy nor so adviseable to procure a License for the Printing this Letter it has been kept in private Hands till now those who have boasted much of the Shortness of the late Kings Papers and of the Length of the Answers that have been made to them will not find so great a Disproportion between them and this Answer to them An ENQUIRY into the Reasons for Abrogating the TEST imposed on all Members of Parliament Offered by Sa. Oxon. WHen the Cardinals in Rome go abroad without Fiocco's on their Horses heads it is understood that they will be then Incognito and they expect nothing of that Respect which is payed them on other Occasions So since there is no Fiocco at the Head of this Discourse no Name nor Designation it seems the Writer offers himself to be examined without those nice regards that may be due to the Dignity he bears and indeed when a Man forgets what he is himself it is very natural for others to do it likewise It is no wonder to see those of the Roman Communion bestir themselves so much as they do to be delivered from the Test and every thing else that is uneasy to them and tho others may find it very reasonable to oppose themselves in all the just and legal ways that agree with our Constitution to this Design yet it is so natural to all that are under any Pressure to desire to get free from it that at the same time that we cannot forbear to withstand them we cannot much condemn them but it raises nature a little to see a Man that has been so long fatned with the Spoils of our Church and who has now got up to a degree so disproportioned to his Merit to turn so treacherously upon it If he is already weary of his comfortable importance and will here give her into the Bargain and declare himself no Body will be surprized at the change of his Masque since he has taken much pains to convince the World that his Religion goes no deeper than his Habit yet tho his Confidence is of a piece with all his other Virtues few thought it could have carried him so far I confess I am not surprized but rather wonder to see that others should be so for he has given sufficient warning of what he is capable of he has told the World what is the worst thing that Dr. Burnet can do p. 50. But I am sure the Dr. cannot be quit with him to tell what is the worst thing that he can do it must needs be a very fruitful sancy that can find out all the degrees of wickedness to which he can go and tho this Pamphlet is a good Essay of his Talent that way yet that Terra Incognita is boundless In the title Page it is said that this was first writ for the Author 's own satisfaction and now published for the benefit of all others whom it may concern But the words are certainly wrong placed for the truth of the matter is That it was Written for the Author 's own benefit and that it is now published for the satisfaction of all others whom it may concern in some sense perhaps it was written for the Author 's own satisfaction for so petulant and so depraved a mind as His is capable of being delighted with His Treachery and a poor Bishoprick with the addition of a Presidentship being too low a prize for His Ambition and Avarice He resolved to assure Himself of the first great Bishoprick that falls the Liege Letter lets us see how far the Jesuits were assured of Him and how much courted by Him and that He said That none but Atheists supported the Protestant Religion now in England yet how many soever of these may be among us He is upon the point of lessening their number by one at least and he takes care to justifie the hopes which these Father 's conceived of Him. They are severe Masters and will not be put off with secret Civilities lewd Jests Entertainments and Healths drank to their good Success so now the Price of the Presidentship is to be pay'd so good a Morsel as this deserved that Dr. Stillingfleet Dr. Tillotson Dr. Burnet and some other Divines should be ill used and He to preserve the Character of Drawcansir which is as due to Him as that of Bays falls upon the Articles of the Church and upon both Houses of Parliament It is Reproach enough to the House of Lords that He is of it but it is somewhat new and a Character becoming Sa. Oxon to arraign that House with all the Insolence to which he can raise his wanton Pen. Laws that are in being are treated with respect even by those who move for their Repeal but our Drawcansir scorns that modest strain he is not contented to arraign the Law but calls it Barbarous and says That nothing can be more Barbarous and Prophane than to make the renouncing of a Mystery so unanimously received a State Test pag. 133. pag. 64. But he ought to have avoided the word Prophane since it leads men to remember that he had taxed the Praying for the King as under God and Christ as Crude not to say Prophane when in the Prospect he had then 36 of a Bishoprick he raised the King above Christ but now another Prospect will make him sink him beneath the Pope who is but at best Christ's Vicar But this is not all there comes another Flower that is worthy of him he tells us That the TEST was the
first-born of Oats's Plot and brought forth on purpose to give Credit and Reputation to the Perjury p. 5. And because this went in common between the Two Houses he bestows a more particular mark of his Favour on the House of Lords and tells them That this was a Monument erected by themselves in honour of so gross an Imposture Ibid. But after all the Royal Assent was added and here no doubt it itched somewhere for if it had not been for the manner of the Late King's Death and the Papers published since his Death he would have wreaked his Malice upon his Memory for he will never forgive his not advancing him And the Late King being so true a Judg of Wit could not but be much taken with the best Satyr of our Time and saw that Bays's Wit when measured with another's was of a piece with his Virtues and therefore judged in favour of the Rehearsal Transpros'd this went deep and though it gave occasion to the single piece of Modesty with which he can be charged of withdrawing from the Town and not importuning the Press more for some years since even a Face of Brass must grow red when it is so burnt as his was then yet his Malice against the Elder Brother was never extinguished but with his Life But now a strange Conjuncture has brought him again on the Stage and Bays will be Bays still He begins his Prologue with the only soft word in the whole piece I humbly Conceive but he quickly repents him of that Debonarity and so makes Thunder and Lightning speak the rest as if his Designs were to Insult over the two Houses and not to convince them He who is one of the Punies of his Order and is certainly one of its justest Reproaches tells us pag. 8. That to the Shame of the Bishops this Law was consented to by them in the House of Lords But what shame is due to him who has treated that Venerable Bench and in particular his Metropolitan in so scurrilous a manner The Order has much more cause to be ashamed of such a Member tho if there are two or three such as he is among the twenty six they may Comfort themselves with this that a dozen of much better Men had one ameng them that I confess was not much worse if it was not for this that he let the Price of his Treachery fall much lower than Sa. Oxon does who is still true to his old Maxim that he delivered in Answer to one who asked him What was the best Body of Divinity Which was That that which could help a man to keep a Coach and six Horses was certainly the best But now I come to Examine his Reasons for Abrogating the TEST The first is That it is contrary to the Natural Rights of Peerage and turns the Birth-Right of the English Nobility into a Precarious Title which is at the mercy of every Faction and Passion in Parliament and that therefore how useful soever the TEST might have been in its Season it some time must prove a very ill President against the Right of Peerage and upon this he tells a Story of a Protestation made in the House of Lords against the TEST that was brought in in 1675 together with the Resolution of the House against that Penalty upon the Peers of losing their Votes in case of a Refusal he represents this as a Test or Oath of Loyalty against the Lawfulness of taking Arms upon any pretence whatsoever against the King. But in Answer to all this one would gladly know what are the Natural Rights of Peerage and in what Chapter of the Law of Nature they are to be found for if those Rights have no other Warrant but the Constitution of this Government then they are still subject to the Legislative Authority and may be regulated by it The Right of Peerage is still in the Family only as the exercise of it is limited by the Law to such an Age so it may be Suspended as oft as the Publick Safety comes to require it even the indelible Character it self may be brought under a total Suspension of which our Author may perhaps afford an instance at some time or other 2. Votes in either House of Parliament are never to be put in ballance with Establish'd Laws These are but the Opinions of One House and are changeable 3. But if the TEST might have been useful in its Season one would gladly see how it should be so soon out of Season for its chief use being to Secure the Protestant Religion in 1678 it does not appear That now in 1688 the Dangers are so quite dissipated that there is no more need of securing it In one Sense we are in a safer Condition than we were then For some false Brethren have shewed themselves and have lost that little Credit which some unhappy Accidents had procured them 4. It was not the Loyalty in the TEST of the Year 1675 that raised the greatest opposition to it But another part of it That they should never Endeavour any alteration in the Government either in the Church or State. Now it seemed to be an unreasonable Limitation on the Legislative Body to have the Members engaged to make no Alteration And it is that which would not have much pleased those For whose satisfaction this Book is published The second Reason was already hinted at of its dishonourable birth and original p. 10. which according to the decency of his Stile he calls the first Sacrament of the Otesian Villany pag. 9. This he aggravates as such a Monstrous and Inhuman piece of Barbarity as could never have entered into the thoughts of any man but the infamous Author of it this piece of Elegance tho it belongs to this Reason comes in again in his fourth Reason pag. 6. and to let the House of Lords see their Fate if they will not yield to his Reasons he tells them that this will be not only an Eternal National Reproach but such a blot upon the Peers that no length of time could wear away nothing but the Universal Conflagration could destroy Which are the aptest Expressions that I know to mark how deeply the many blots with which he is stigmatized are rooted in his Nature The wanton man in his Drawcansir-humor thinks that Parliaments and a House of Peers are to be treated by him with as much scorn as is justly due to himself But to set this matter in its true Light it is to be remembred that in 1678 there were besides the Evidences of the Witnesses a great many other Discoveries made of Letters and Negotiations in forreign Parts chiefly in the Courts of France and Rome for Extirpating the Protestant Religion upon which the Party that was most united to the Court set on this Law for the Test as that which was both in it self a just and necessary Security for the Establish'd Religion and that would probably lay the fermentation which was then in the Nation