the Act and Oath of Council that such Confession should not militate yet they have brought it in as Evidence and given it upon Oath when their former Act and Oath was produced in open Court in Demonstration of their Perjury They used frequently to pack Juries picking out such as they thought any thing tender and not bloody enough and sometimes listed some who they concluded would not concur that thereupon they might get occasion to exact their Fines Sometimes when the Jury hath brought in their Verdict in Favour of the Pannal they have made them return and resume the Cognition of the Process again and threatned them with an Assize of Error if they did not bring him in Guilty yea frequently the Advocate theatned them under most peremptory Certifications if they found not the Impannalled Guilty so that their using Juries was but for the Fashion They have sentenced innocent Persons twice once to have their Ears cut off and banished and after the lopping of their Ears they have re-examined them and sentenced them to Death They used to stage several together of whom they knew some would comply to tantalize others with the sight of their Liberty thereby tempting them to bite more eagerly at their snaring Baits to wound the Conscience They have not only Murdered many innocent Christians in taking their Lives but also endevouâ—ed to Murder their Reputation and the Cause they owned loading it with most reproachful Epithets which was their peculiar Policy to bring the Heads of Suffering to Points most obnoxious to common Censer and most Extrinsick to Religion cutting off the Faithful Professors of Religion and true Lovers of Liberty under the odium of Enemies to Government Some they arraigned whom they could neither reach by adducing many Witnesses against in Tryal nor by their Examination with their cruel Torture of the Boots yet hath had their whole Estate seized and also been sent to Pâ—ison in a Rock within the Sea without being convicted of any Crime They finding their means and motions under Colour of Law and Trials were too slow and troublesome to acquire their designed Cruelties and that the publick Executions tended more to confirm and multiply the Lovers of Religion and Liberty than to diminish and deter took a more compendious way of sending out thâ—ir Souldiers impowered to challenge and examine whom they pleased and to tender Oaths required by no Law and to punish such by present Death who refused to swear or scrupled to answer their ensnaring Qâ—estion which bloody Commissions were so faithfully Executed that within few Weeks above fifty innocent Persons were cruelly murdered in cold Blood without either Tâ—yal or Convâ—â—â—â—on or respeâ—t to Age or Sex. Although the Multitudes of Familâ—es ruined by Exorbitant Finingâ— Forfeitures Banishments Imprisonments Free quaâ—terings and Plunderings of Souldierâ— and Barbarities of their Highland Host the many cruel Edicts and Proclamations they have published the unlawful Bonds and wicked self-contradicting Oaths imposed and pressed the many Exactions whereby they have impoverished the Country the many open Oppressions horrid Tortures and Cruelties practised upon Innocents the multitudes of Persons Male and Female whom they have Murdered Persecuted Oppressed and Destroyed are so many and various that they cannot be collected Yet some have been at no small pains to gether as much of these as when published in a Martyrology of these times which is purposed to be done with all convenient speed will give the World to know as well the Faithfulness Patience Courage and Constancy of these who suffered together with the Equity of their Cause as the Inhumanity Illegality and Severity of their Cruel and Bloody Persecutors The Late Honourable CONVENTION proved a Legal PARLIAMENT I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of settling the Government especially the Writs being destroyed and the Great Seal carryed away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Pâ—blick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth His Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in Fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Ch. the 2d had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17 th of that Sessions all the Judges allowed of this as an Act of Parliament tho' never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than halâ— the number of the Commons duly chosen in King Ch. the 2 d's time besides the great Body of the City of London being at least esteem'd a 5 th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Asâ—embled in Parliament that the Lords and Common then Sitting at Westminster in the present Parliament were thâ— two Houses of Parliament
Burlington Anglesey Rochester Newport Nom. Ebor. W. Asaph Fran. Ely. Tho. Roffen Tho. Petriburg Tho. Oxon. Paget Chandois Osulston We therefore do most earnestly beseech your Majesty That you would be graciously pleased with all speed to Call such a Parliament wherein we shall be most ready to promote such Counsels and Resolutions of Peace and Settlement in Church and State as may conduce to your Majesty's Honour and Safety and to the quieting the Minds of your People We do likelise humbly beseech your Majesty in the mean time to use such means for the preventing the Effusion of Christian Blood as to your Majesty shall seem most meet His Majesty's most Gracious Answer My LORDS WHAT You ask of Me I most passionately desire And I promise You upon the Faith of a King That I will have a Parliament and such an One as You ask for as soon as ever the Prince of Orange has quitted this Realm For How is it possible a Parliament should be Free in all its Circumstances as You Petition for whil'st an Enemy is in the Kingdom and can make a Return of near an Hundred Voices The Lords Petition with the King's Answer may be printed Novemb. 20. 1688. A Modest Vindication of the Petition of the Lords Spiritual and Temporal for the Calling of a Free Parliament THIS Dâ—fence is grounded upon three Fundamental Principles I. The Right of Petitioning II. The Necessity III. The Duty I. It is the undoubted Right of the Subjects to Petition being founded upon an Act of Parliament and the highest Reason in the World for that is a very monstrous Government where the People must not approach their King and acquaint him with their Grievances The People have the greatest Property in the Land and therefore the most concern'd when a Foreign Enemy is upon it their Welfare is the Supream Law and yet they must not desire to meet in order to consult their own Preservation The Jesuits the sworn Enemies to the English Nation will take care of us and our Posterity therefore why should we trouble our selves at this Juncture They can levy Mony with a Proclamation they can dispense with all Laws and what should we do with a Parliament when the whole Statute-Book serves for no other End but to wipe the Tails of these Reverend Satyrs who fly into their Dens and Thickets at the very sound of a House of Commons II. The Necessity and that an indispensible one The Government turn'd Topsy-Turvy no Law no Rule all in a state of War all Treaties broken all Obligations ceas'd and yet the People must not come together to know why or wherefore they Fight or how they may avoid destroying one another they must hack and cut one another to pieces blindfold and to no other End but to save the Iesuits and the Knaves and to ruin themselves But the most Reverend Bishops are told that they shall have a Free Parliament as soon as ever the Prince of Orange has quitted this Realm that is such a Free Parliament as they were like to have had before the Prince came hither shuffl'd cut and pack'd by Mr. Brent and his Missionaries or perhaps ten times worse or rather none at all for the Church of Rome is grown such an infamous Bankrupt that no Body will trust her further than they can command her She may be compar'd to the Tyger which fawns sneaks and lurks as long as the Hunter is arm'd with his Spear and his Gun but when once the Weapons are laid down the Beast flies upon the unwary Forester tears and devours him III. The Duty For what better Office could those pious Prelats and Patriots of their Country do for the Publick-Good than to make all People Friends to save the Lives of many Thousands and to heal all our Wounds and Sores which they of the Roman Faith have inflicted upon a People too kind and good natur'd for such ravenous Monsters who go about seeking whom they may devour France Ireland Hungary and the Valleys of Piedmont are still reeking with the Blood of their poor innocent Preys and ecchoing with the Lamentations of a People ruin'd by trusting these Crocodiles too much and if God in his infinite Mercy had not watch'd over these Kingdoms and sent a Gabriel to guard them they had certainly fallen a Victim to the intollerable Pride the lawless Fury and untractable Barbariety of a sort of Animals call'd Catholicks subtile and treacherous by Custom and Discipline not to be chain'd by any Law either of God or Man and therefore every Body knows how far we may rely upon them when the Arch-Angel leaves us Exeter Nov. 21. 1688. Extract of the States General their Resolution Thursday 28th October 1688. UPon mature Deliberation it is found sit and resolved that notice be given to all their Ministers abroad of all the Reasons which induce their H. and M. to assist the Prince of Orange going over to England in Person with Ships and Forces with Orders to the said Ministers to make use thereof in the several Courts where they reside as they shall think most convenient and that it be also writ to the said Ministers that it is known to all the World that the English Nation hath a good while very much murmured and complained that the King no doubt with the Evil Counsel and Inducement of his Ministers had gained upon their Fundamental Laws and laboured through the violation thereof and by the bringing in the Roman Catholick Religion to oppress their Liberty and to ruine the Protestant Religion and to bring all under an Arbitrary Government That as this inverted and unjust Conduct was carried on more and more and the Apprehensions thereupon were still greater and that thereby such Diffidence and Aversion was stirred up against the King that nothing was to be expected in that Kingdom but general Disorder and Confusion His Highness the Prince of Orange upon the manifold Representations and the reiterated and earnest Desire which was made to His Highness by several Lords and other Persons of great Consideration in that Kingdom as also upon the account that Her Royal Highness and His Highness Himself are so highly concerned in the Welfare of that Kingdom could not well endure that through Strife and Disunion they should run the danger however it went of being excluded from the Crown held himself obliged to watch over the Welfare of that Kingdom and to take care thereof and also had the thoughts of assisting the Nation and giving them a helping-hand upon so many just and good Grounds against the Government that oppressed them in all manner of ways that lay in his Highness's Power for that His Highness was perswaded that the Welfare of this State the Care whereof is also entrusted to him was in the highest manner concerned that the said Kingdom might continue in Tranquillity and that all misunderstanding between the King and the Nation might be taken away That His Highness well knowing that to succeed in
to whom the Irish are compar'd by Historians for their Idleness and Inhumanity tho not for their Wit. The Persecutions of the Protestants in the Vallies of Piedmont are another instance of Popish Immanity and Baseness they were under the common shelter of publick Pactions and Treaties and had been solemnly own'd by the Dukes of Savoy to be the most Loyal and the most Couragious of their Subjects The present Duke who undertook this last Persecution was not content to destroy them with his own Troops but call'd in the French to assist at the Comedy to shoot them off the Rocks to hunt them over the Alps and to sell the strongest of them to the Gallies that the very Turkish Slaves themselves might deride and insult over them Catholicks who have not Power or Opportunity to execute the same things seem to condemn the Conduct in Publick but sing Te Deum in Private and as soon as ever they have got a sufficient Force commit the like Barbarities so essential to their Religion that all the Instinct of Nature cannot separate them The Holy Father at Rome tho he sets up for a moderate and merciful Pontificate order'd Te Dèum to be sung up and down for the extirpation of Heresy out of France and Piedmont and our English Catholicks have given us as their Army and Interest encreas'd several Proofs how well they can juggle and disguise themselves setting up Courts of Inquisition turning Protestants out of all Employs and even out of their Freeholds dispensing with Laws Ravishing Charters packing Corporatione c. and all under a notion of Liberty or a Divine Right they with their Accomplices defended illegal Declarations and set up an Authority above all our Laws under the Cloak of a sham Liberty of Conscience racking at the very same time the Consciences of the Church-of England-men and undermining the Foundation of our State. If Mr. Pen and his Disciples had condemn'd the unlawfulness of the Declarations and the Dispensing Power when they wrote so fast for Liberty of Conscience they had then shew'd a generous Zeal for a just Freedom in Matters of Religion and at the same time a due Veneration to the Legislative Power King Lords and Commons but the secret of the Machine was to maintain and erect a Prerogative above all Acts of Parliament and consequently to introduce upon that bottom Tyranny and Popery yet notwithstanding all this uncontroulable Power and shew of â—randeur an Easterly Wind and a Fleet of Fly-Boats would cancel and undo all again Our Monkish Historians relate of King Iohn that being in some distress he sent Sir Tho. Hardington and Sir Ralph Fitz-Nicholas Ambassadours to Mirammumalim the great Emperor of Morocco with offers of his Kingdom to him upon Condition he would come and aid him and that if he prevail'd he would himself turn Mahometan and renounce Popery I will not insist upon the Violations of Laws and Treaties in the Low Countries or the Spanish Tyranny over them because the Spaniards have got so much by that Persecution and Cruelty that they might be tempted to practise the like again for by forcing the Netherlanders to take up Arms for their Defence and by necessitating Queen Elizabeth to assist and preserve them they have set up a Free and Glorious State as they themselves have call'd them in some Treaties that hath preserv'd the languishing Monarchy of Spain and the Liberty of Christendom The base and cowardly Massacre of that great Hero William Prince of Orange of the Renowned Admiral Coligny and the Prince of Conde the many Bloody Conspiracies for the Extirpation of the whole Race of the House of Orange the Murders of Henry the Second and Henry the Fourth are all Records and everlasting Monuments of Popish Barbarity what incredible Effusions of Blood hath been occasion'd by the frequent Revolts of the Popes against the Emperors by the Image-Worship and the Holy Wars What Treachery in the Bohemian Transactions and Treaties What Inhumanity in burning Ierome of Prague and Iohn Hus when they had the Emperor's Pass and all other publick Securities from the Council it self that put to Death those two good Men. The Reign of Queen Mary is another Scene of the Infidility and Treachery of the Church of Rome what Oaths did she take What Promises and Protestations did she make to the Suffolk Men who had set the Crown upon her Head and yet they were the first that felt the strokes of Persecution from Her Read her History in Fox's Martyrs and Dr. Burnet's History of the Reformation The many Conspiracies to destroy Queen Elizabeth and King Iames the Gunpowder-Plot the Counsels carried on in Popish Countries to take off King Charles the First and the many late Popish Plots are a continued Series and Thred carried on by the Church of Rome to break through all Laws both of God and Man to erect an Universal Monarchy of Priest-Craft and to bring the whole World under their Yoke The Swedes have taken an effectual and commendable way to keep Popish Priests and Iesuits those Boutefeus and Disturbers of Societies the declared Enemies to the Welfare of Mankind out of their Countries by Gelding them and consequently rendring them incapable of Sacerdotal Functions tho the Priests have found out a Salvo and will say Mass and Confess if they can procure their Testicles again and carry them in their Pockets either preserv'd or in Powder In Aethiopia China and Iapan the Romish Priests have been so intollerably turbulent and such extravagant Incendiaries that they have been often banished and put to Death so that now they disguise themselves all over the Eastern Nations under the Names and Characters of Mathematicians Mechanicks Physicians c. and dare not own their Mission to propagate a Faith which is grown ridiculous all over Asia The long and dreadful Civil Wars of France the many Massacres and Persecutions and lastly the Siege of Rochel are living Instances how far we may rely upon Engagements and Laws both as to the taking of that Bulwark and the promised Relief from hence The Protestant Defenders of it refusing to rely any longer upon Paper Edicts and the Word of a Most Christian King had this City granted them as a Cautionary Town for their Security for before they had always been deluded out of their Advantages by fair Promises insignificant Treaties and the Word of a King yet Lewis the 13 th following the vitious Examples of Treacherous Princes fell upon this Glorious City which upon the account of their Laws and Privileges made a Resistance and brave Defence having never heard of Passive Obedience amongst their Pastors thinking it more lawful to defend their Rights than it was for Lewis to invade them As for the late and present Reign here in England they are too nice and tender Things for me to touch whether the Transactions of them are consistent with the Coronation Oaths the many Declarations Protestations publick and solemn Promises I am no fit Judg
his Majesty to Treat with Him. And his Highnesses Answer WHereas on the 8 th of December 1688 at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto Us from His Majesty was delivered to Us in these Words following viz. SIR THE King commandeth us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was adviseable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath Issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Signed Hallifax Nottingham Godolphin Hungerford Dec. 8 88. We with the Advice of the Lords and Gentlemen Assembled with Us have in Answer to the same made these following Proposals I. THat all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so Assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of Our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the Citiy of London and their Trade Tilbury Forâ— be put into the hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The KING's Letter TO THE EARL of FEVERSHAM Upon his leaving Whitehall Together with the Earl of Feversham's Letter to his Highness the PRINCE of Orange after the King's departure Whitehall Decemb. 10. 1688. THings being come to that Extremity that I have been forced to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies Hands which they must have done if they had staid I am obliged to do the same thing and to endeavour to secure my self the best I can in hopes it will please God out of his infinite Mercy to this Unhappy Nation to touch their Hearts again with true Loyalty and Honour If I could have relied on all my Troops I might not have been put to the extremity I am in and would at least have had one Blow for it but though I know there are many Loyal and brave Men amongst you both Officers and Souldiers yet you know that both you and several of the General Officers and Men of the Army told me it was no ways adviseable for me to venture my Self at their Head or think to fight the Prince of Orange with them and now there remains only for me to thank you and all those both Officers and Souldiers who have stuck to me and been truly Loyal I hope you will still retain the same Fidelity to Me and though I do not expect you should expose your selves by resisting a Foreign Army and a poysoned Nation yet I hope your former Principles are so enrooted in you that you will keep your selves free from Associations and such pernicious things Time presses so that I can say no more I. R. I must add this That as I have always found you Loyal so you have found me a kind Master as you shall still find me to be The Earl of Feversham's Letter SIR HAving receiving this Morning a Letter from His Majesty with the unfortunate News of his Resolution to go out of England and that he is actually gone I thought my self obliged being at the Head of his Army having received His Majesties Order to make no opposition against any body to let your Highness know with the Advice of the Officers here so soon as it was possible to hinder the misfortune of effusion of Blood I have ordered already to that purpose all the Troops that are under my Command which shall be the last Order they shall receive from c. By the Prince of Orange a DECLARATION WHereas We are Informed That divers Regiments Troops and Companies have been Encouraged to Disperse themselves in an Unusual and Unwarrantable Manner whereby the Publick Peace is very much Disturbed We have thought fit hereby to Require all Colonels and Commanders in Chief of such Regiments Troops and Companies by Beat of Drum or otherwise to call together the several Officers and Soldiers belonging to their Respective Regiments Troops and Companies in such Places as they shall find most Convenient for their Rendezvous and there to keep them in good Order and Discipline And We do likewise Direct and Require all such Officers and Soldiers forthwith to Repair to such Place as shall be Appointed for that Purpose by the respective Colonels or Commanders in Chief Whereof speedy Notice is to be given unto Us for Our further Orders Given at Our Court at Henly the Thirteenth Day of December 1688. W. H. Prince of Orange Guild-Hall London December the 11th 1688. By the Commissioners of Lieutenancy for the said City Ordered THat Sir Robert Clayton Knt. Sir William Russel Knt. Sir Basil Firebrace Knt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend His Royal Highness the Prince of
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
who can tell what Contests there may be about the Right of the Crown The Deposed Prince is alive and his Right by Sword will be disputed c. If the Government be dissolved the Power devolves on the People no one can claim the Crown the Royal Family is as it were extinct the People may set up what Government they please either the old or a new A Monarchy absolute or limited or an Aristocracy or Democracy If a Monarchy limited supposing it mostly suited to the temper of the English they may choose what Family they please to sit in the Throne They may settle it on the Princess of Orange Princess Ann the Prince of Orange and for want of Issue on whom else they think meet These hold not by virtue of an old Right but by reason of the People's placing it upon them and the Monarchy may be thus de Novo made Hereditary and the King and Prince of Wales gone having lost their Right by the Dissolution of the Government The Iura Majestatis the Militia the Power of War and Peace or the Power of the Sword with the Power of making Judges Sheriffs c. may be lodged where now the Power of Legislation is viz. in King Lords and Commons which will necessitate frequent Parliaments and make it impossible for the Monarch to enslave us There are but two ways by which Slavery can be brought on us viz. Force or Injustice The Militia or Power of the Sword being in the People we are secured from the mischief of Force The Power of making Judges and all the Ministers of Justice being also in the People they cannot be ruin'd by Injustice But we must do no Evil â—hat Good may come of it Is our Government dissolved or is it not If there be a Dissolution Is it of the Constitution or only of the Form of Administration I confess my self not States-man enough to be acquainted with the Fineness of the Politicks but am apt to run the old Road and please my self with an old Distinction All Power is Originally or Fundamentally in the People Formally in the Parliament which is one Corporation made up of three Constituent Essentiating Parts King Lords and Commons so it was with us in England When this Corporation is broken when any one Essentiating Part is lost or gone there is a Dissolution of the Corporation The Formal Seat of Power and that Power devolves on the People When it 's impossible to have a Parliament the Power returns to them with whom it was originally Is it possible to have a Parliament It 's not possible The Government therefore is dissolv'd If what is essential to our Constitution be invaded or ravished from us the Constitution is broken I will instance in two things essential to the Constitution That the People choose their own Representatives And that their Representatives have such an Interest in the Legislation that no Laws be made or abrogated without their Consent The destroying one or both of these subverts the Foundation of our Government The Government being dissolved what must the People do Câ—re must be taken that the Government to be erected by such as will perfectly secure us from Slavery and be a Fence inviolable to the Liberty and Property of the People And the Rights of Majesty must be therefore lodged with the Parliament this will be grateful to the People The way of doing it must be Great Awful and August that none may be able to quarrel it A National Convention made up of the Representatives of the Community That the Convention may be truly National and represent the Community it must be larger than a House of Commons ordinarily is It 's this Convention that sets up what kind of Government they please If they 'l have a Parliament made up of King Lords and Commons it 's sufficient that this Convention is so pleased The Power of this Convention must be absolute and uncontroulable accountable to none but God. It gives Laws to Kings yea to the whole Parliament and sets bounds unto it it shall go so far and no further No Act of Parliament can be strong enough to move the Foundation laid by this Convention The Convention therefore as it has more Power than a Parliament and is it's Creator it must have a larger Body What think you therefore if the first thing done by the approaching Convention be the increasing their Number What if they double it Whether by ordering every Market-Town to send up their Representatives or every Hundred Wapentake c. or by some other way according to the proportion of People and publick Payments as the wise Men of this Convention shall judg most practicable that it may be the Grand Council of the Nation I have unburdened my self and am Your Humble Servant Ian. 5. 1688. Some Account of the Humble Application of the Pious and Noble Prelate Henry Lord Bishop of London with the Reverend Clergy of the City and some of the Dissenting Ministers in it To the Illustrious Prince William Henry the Prince of Orange on Friday September 21. 1688. HE declared in Excellent Words That they came to pay him their Humble Duties and most Grateful Respects for his very great and most hazardous Undertakings for their Deliverance and the Preservation of the Protestant Religion with the Ancient Laws and Liberties of this Nation He addeth That they gave up daily many Thanksgivings to Almighty God who had hitherto been graciously pleased so wonderfully to preserve his Person and prospeâ— and favour his good Design And they promised the continuance of their ferventest Prayers to the same God and all Concurrent Endeavours in their Circumstances for the promoting yet further that Work which was so happily begun and also for the perfecting of it not only in this Kingdom but in other Christian Kingdoms He likewise suggested to the Good Prince That some of the Dissenting Ministers and their Brethren were there present who having the same sense of his Coming hither with themselves had joyned themselves with them by him to render Him their Humblest and most Grateful Resentments His Highness was pleased to declare That he thanked them for their Attendance and acquainted them very briefly with the chiefest Ends of his Difficult and Chargeable Expedition That indeed it was to Preserve and Secure the Protestant Religion his own Religion and their Religion and assuring them he should not think any thing not Life it self too dear to hazard in promoting and perfecting so good a Work. Also he offered up with great Devotion his solemnest Acknowledgments to Almighty God for his Presence with him and Blessing upon his Endeavours and Arms hitherto and asked the Continuance of all their Prayers to God for him The Address of the Nonconformist Ministers in and about the City of London to his Highness the Prince of ORANGE WEdnesday Ianuary 2â—â— divers of the Dissenting Ministers in and about London that go under the Denominations of Presbyterial and Congregational to
Right Line and in the Legal Steps and Degrees And this being done I am persuaded nothing can divide the English Nation or lessen their Zeal and Affection to the Prince of Orange who has deserved the Crown if it were ours to give him The Postscript which is an Huy and Cry after the French League to cut our Throats I leave to the Convention And if I durst be so bold as to ask a Favour of them it should be to enquire what the Ro. Catholick meant by that Threat of theirs so frequently printed and spoken by them If fair means would not obtain the Repeal of our Penal Laws and Tests foul should Now for a Conclusion I would desire you Sir to propose your method of Restoring the King and Securing our Laws and Religion and it shall go hard but I will shew you it is impracticable or impossible that it will never be granted or if it be never observed And if you please to bless the World with a Receipt of an Obligation that will bind the Conscience of any other Roman Catholick so fast that neither Iesuit and Pope can break or untie it I assure you I will joyn with you in a Petition to the Convention for a Treaty forthwith without any other Terms to be proposed than the giving us that Security whatever it is And in the Interim I am SIR YOURS Ian. 24. 1688 9. FINIS The EIGHT Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals to the present Convention for Setling the Government II. Several Queries relating to the present Proceedings in Parliament III. A Protestant Precedent offer'd for the Exclusion of King Iames the Second IV. Reasons offer'd for placing the Prince of Orange singly in the Throne during his Life V. A Breviate for the Convention represented to the Lords and Commons of England VI. King Iames the First his Opinion of a King and of a Tyrant and of the English Laws Rights and Priviledges VII Proposals to the present Convention for perpetual Security of the Protestant Religion and Liberty of the Subjects of England London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1689. PROPOSALS Humbly offered To the Lords and Commons in the present CONVENTION for Settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that Duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitâ—tion to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Ioy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is eirther First immediately from God as in the Case of Saul and David and the Government of the Ievs or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Governor without their Consent And in case of a Conquest the People may be called Prisoners or Salves which is a State contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supreme Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easy Execution of the Laws the Executive Power be lodg'd in a single Person He has A Supreme Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Propositions and resolved by the Convention of Lords and Commons in the Year 1660. And note That the Acts of that Convention tho never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is Dissolved For two Essential Parts fail 1. A King. 2. A House of Commons which cannot be called according to the Constitution the King being gone and the Freedom of Election being destroyed by the King's Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That the has usurp'd an absolute Power superior to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd
of the Constitution The Constitution and Laws thereof being agreed upon and it being impossible for Humane Prudence to foresee all Accidents which must be provided for therefore as they arise the Administration necessarily must lie in these two Things The making farther Laws subordinate still to those fore-priz'd as occasion requires and seeing them executed that is in Legislation and Judgment The One is the Business of the Supreme Authority the Other of the Inferior Magistrates or Officers and Executioners of the same according to that Fundamental Agreement made by the People Our Government now as constituted in order to this Administration is we know a mixt Government A Government is known to be pure or mixt by the placing the Supreme Authority If the People place it singly in the King or singly in the Nobles or singly in the People then it is a pure Monarchy Aristocracy or Democracy But when it is placed in all Three it is a mixt Government as Ours is where there are no Laws in the Administration made but by King Lords and Commons These Things I pursue only so far as is necessary to the reaching my main Purpose and the leading me to a right discernment of the present Condition into which we are now brought in regard to this said Government The Supreme Power of the Nation being placed in a Parliament which is a Corporation of King Lords and Commons that is the Supreme Authority residing in King Lords and Commons as One Corporation there does appear at this Conjuncture a Dissolution of the Government A Dissolution manifestly as to the Exercise of it This Appearance does arise from the opening of the last Scene For the King being now gone gone from his People and departing from his Government that One Corporation we speak of is broke so that there remains now no subject for that supreme Authority It being evident that a Parliament wherein an Essential point of our Constitution does consist cannot now be Assembled And the Providence of God it self hath extraordinarily determin'd our Case If a King dies he hath a Successor and the Right devolves upon Him but whilst the King lives he hath no Successor and the Right remaining in Him and no Other and he being divided from his Lords and Commons the Subject of the Supreme Power or this One Corporation whereof the King is a Chief Essential and Constituent Part does perfectly cease and must necessarily cause a Dissolution I choose not to found this upon what does more convince Others which comes to this Account The King by his frequent Malversation in the Government and rooted Design of subverting our Religious and Civil Rights for the Introduction of Arbitrary Power and Popery which being aggravated by such an Endeavour as the destroying that Share in the Government which every Commoner hath that hath Right to choose his Representative in Parliament by his Garbling Corporations and so evacuating this Liberty in effect and by such an endeavour also as the exterminating his Protestant Subjects seeing that Religion which he would have introduced is such as by the Principles of it if it comes into Domination must do so to all Hereticks and thereupon may he be look'd on no longer as Rex but Hostis and Hostis Publicus Besides the subjecting us to a Foreign Jurisdiction and the very changing the Government by that indefinite Dispensing Power over the Laws as was carved to him by his Judges from Regal to Despotical It is judged by them that he is fallen thereupon from his Royal Dignity and that the Universality thereby have Warrant not only to defend themselves against him but by Vertue of that Sanction which is tacitly implyed in the Laws of the Constitution to proceed on to take the Forfeiture He hath made of his Government and Depose Him For it is a fond thing think they to imagine any Laws without a Sanction and impossible there should be any other Sanction in Treaties between Free Nations or between a Free People and the Governour they set over Themselves than Force to be used by the Parties concern'd there being no Third Party on Earth to appeal to in such Cases However this be it being taken for granted That the Government is dissolved and I suppose upon that preceding Account of the One Corporation I say being broke the Supreme Authority that lay before in the Three as united in One does escheat or fall to the Community who must therefore choose a new Subject for that Power and it lies at their Discretion to place it in what Subject they please They may lodg it in the Lords and Commons alone without a King if they think that Government best the matter lies altogether upon their Agreement and Consent I suppose it most likely that they will agree to place it again in a Monarch Lords and Commons the Person only left at Choice and Care had to prevent all Danger of Law in the Case according to the Ancient Constitution Though what Man can know the Mind of a Nation when once come together if he knows his own Mind There is one thing we have now Opportunity to obtain which we can never recover again if it be lost and that is what His Highness the Prince of Orange hath made one of his two Designs The Delivery of the People from Slavery which can never be done effectually and radically but upon this Advantage The delivering us from Popery is contained in the setling our Religion and that being a Work of great length is the business more properly of a Parliament but this is a thing must be done by the Community and consequently by thofe that are the Representatives of it a Convention so called in regard to a higher Capacity hereunto and not a Parliament for that represents the People not as in a Community but as in a Common-wealth where there is pars imperans as well as subdita which now is not A Parliament makes Laws for the Administration but the People as in a Community make Laws for the Constitution I would therefore humbly offer it to the Consideration of those who shall meet as Members of this Convention That in order to the Effect premised they do but agree and pitch upon this one certain Point of good Policy that where they place the Supream Authority they lay also the Rights or Properties of it that is the Iura Majestatis Majestas being Maxima Potestas all together The Rights of Majesty or the Supream Power are mainly these The first is Legislation or making Laws and this undoubtedly lies in a Parliament The next is the Power of raising Arms or Armies or the Militia the Power of making Peace and War or the Power of the Sword which is necessary to maintain those Laws The third is a Power over our Estates or the Purse or raising Mony which must maintain the Sword. A fourth is the Power of choosing Magistrates to rule Us according to these Laws such as Judges and Sheriffs
notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
same Ruin upon the Kingdom as those Barons did by their Delay Lastly If the Discusser will not be convinc'd by what has hitherto been said Let him examine the King 's own words and try whether he can pick out any better Construction out of them then that which I shall make Says the late King in his Letter to the Earl of Feversham Things being come to that Extrâ—mity that I have been forc'd to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies hands I am oblig'd to do the same thing and to endeavour to secure my self the best I can c. Expresâ—ions of a disponding Mind and only full of Grief for the Disappointment of the Popish Career The King was afraid of the Queen and his Son the Prince of Wales as he calls him and therefore deeming it convenient to send Them out of the way believes himself oblig'd to follow them 'T is true there might be some Reason perhaps for him to send Them away but none to send away himself not being under the same Circumstances For let it be Paternal or Conjugal Affection or both together What could be a greater Desertion than this for the sake of a Wife and a Son to leave three Kingdoms at six and sevens He speaks of securing himself as well as he can but mentions nothing of Danger only leaves it to the Lord Feversham and others to presume the Causes of his Fears But certainly the apprehension of Danger can never excuse a Sovereign Magistrate from the Desertion of his Dominions at the same time striving and strugling under the Pangs of the Dissolution of Government If such a Desertion of his Territories in that forlorn and languishing Condition to accompany the Tribulations of a Wife and a Son be not a perfect Abdication of his Territories the Words relinquish desert forgo abandon abdicate have lost their Signification Thus Lysimachus in Plutarch de sera vindicta Dei after he had surrendered his Person and Dominions to the Getae for a Draught of Drink in the extremity of a parching Thirst when he had quench'd his Thirst cryed out O pravum Hominem that for so small a Pleasure have lost so great a Kingdom He would be thought very unfit to be the Master of a Ship that should throw himself into the Sea when his Vessel and Cargoe were almost ready to perish And I will appeal to the Lord of Wemm himself whether if he were to try an Abdicating Prince upon this Point with the same Huffing and Domineering as he did Inferiour Offenders he would take it for a good Justification to say I had thought or I apprehended my Person to be in Danger Rather it becomes a Prince at such a time to exert his Courage and contemn his own when the publick Security lies at stake especially when the Remedy propounded was so easy as the Convoking of a Free Parliament But to withdraw at such a perillous Conjuncture from the Application of his desir'd nay almost implor'd Assistance What can the Discusser think of himself to deny so plain an Abdication And this I take to be the Opinion of the late King's Abdication intimated by the Lords Spiritual and Temporal assembled at Guild-Hall Decemb. 1688. where they are pleased to say That they did reasonably hope that the King having sent forth his Proclamation and Writs for a free Parliament they might have rested secure as doubtless the King might also have done in that Meeting But his Majesty having withdrawn himself c. they did therefore unanimously resolve to apply themselves to his Highness the Prince of Orange c. That is to say The King having withdrawn himself from the Cure of the Grand Distempers of the Nation and consequently Abdicated the Government they resolv'd to apply themselves to a more Skilful at least a more Willing Physician Which had the Discusser more considerately discuss'd when he wrote his Discussion would have sav'd him a great deal of trouble and expence Thus much for the Reasons which the Discusser brings to prove that the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger and that therefore it cannot be call'd an Abdication That which follows being altogether grounded upon certain Statutes and Laws of the Land to the knowledg of which the Discusser seems to be a great Pretender is answer'd in a Word That they who pronounc'd the Throne Vacant understood the Latitude of their Power and the Intent and Limits of the Laws and Statutes of this Realm to that Degree that if nothing else the Consideration of that might have deterr'd the Discusser from the Presumption of appearing so vainly and scandalously in the World. Nor would I be thought so impertinent to transgress the Bounds of my own Understanding as he has done For indeed to tell ye the Truth if the Discusser should come to a Trial at Westminster-Hall I am afraid the Lawyers will certainly inform him that he has very much either mistaken or misquoted his Authors FINIS SATISFACTION tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of FEALTY and ALLEGIANCE In a LETTER to a FRIEND By R. B. late Rector of St. Michael Querne London And now Rector of Icklingham All-Saints Suffolk SIR I Cannot but admire at the Stiffness not to say Obstinacy of some in not complying with the present Government considering the late danger of Popery and that an Arbitrary Power was exercised amongst us by our late Rulers in asserting their Dispensing Power by the Mercenary Judges declared to be Law. You may remember in our late Conference upon this Subject you pleaded in Defence of your selves and others the Obligation you lay under to the Oath of Allegiance with your Subscription to the Doctrine of the Church of England contained in the 37 th Article and the First Canon of the Church but if it appear that all this is rather grounded upon Mistake than any solid Reality I will not question your ready Submission Oaths I confess are very strong Ties upon Men of Conscience and they are to be tenderly dealt with until that Prejudice be removed give me leave therefore with Sobriety and Meekness to enquire Whether that Oath be still in Force with the Obligation to it if not that Plea must vanish and disappear And here first let me remind you of the occasion of imposing the Oath of Allegiance it was injoyn'd to distinguish betwixt Church and Court Loyal and Disloyal Papists upon that horrid Gunpowder-Treason which hath left a Stain of Villany and Cruelty upon that Religion never to be wiped off Read over the Anatomy of that Oath made by K. Iames the First in his Book of the Defence of it And what is there in if that can stick upon any Protestant except that Clause of denying all Foreign Jurisdiction Prince or Potentate And this you seem'd to hint at when you said the
after their being exhausted have been Plundered and after Plundering have been burned and razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the Ground The Churches are robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short it is become a Diversion to them to commit all manner of insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the Holy Roman Empire by the best means we can think on and that no less against them than against the Turks We promise our selves from your justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof We take measures for our mutual Defence and Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would direct all things to his Glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9 th of April 1689. An Account of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England 1688. IN December last the Lords Spiritual and Temporal and all the Members of the three last Parliaments of King Charles the Second with the Lord Mayor and Aldermen and several of the Common Council of London were summoned by the Prince in that extraordinary Conjuncture when the late King had deserted the Government to consult what was fit to be done And they the said Lords and Commons did desire the Prince to take upon him the Administration of Publick Affairs both Civil and Military and the disposal of the Publick Revenue for the preservation of our Râ—ligion Rights Laws Liberties and Properties and of the Peace of the Nation and that he would take into his Care the Condition of Ireland till the Meeting of a Convention of Lords and Commons which he was entreated by his Circular Letters to summon to meet on the 22 d of Ianuary The Prince accordingly accepted the Administration and issued out his Letters for a Convention to meet on the 22 d of Ianuary as aforesaid The Prince then on December the 30 th issued out his Proclamation for the Continuance of the Sheriffs Justices of the Peace and other Officers and Ministers not being Papists to act in their respective Places till the Meeting of the Convention or other Order to the contrary c. On the 2 d of Ianuary He put out a Declaration for the better collecting of the Publick Revenue On the 5 th of Ianuary he put forth an Order for all Military Officers with their respective Companies to march out of the Quarters where any Elections should be the several Garisons excepted the day before the same be made to the next adjoining Town or Towns being not appointed for any Elections and not to return to their first Quarters till the said respective Elections be made and fully compleated that so the Election of Members for the intended Convention may be free and without any colour of Force or Restraint On the 7 th of Ianuary the Scotish Nobility and Gentry waited on the Prince what was done by them see the 6 th Collection pag. 9 10 11 12. On the 8 th day his Highness put out a Declaration against Quartering of Souldiers in private Houses He found the Treasury very empty of Cash it being said to be but 40000 l. Whereupon he desired the City of London to advance a Sum for his present Occasion and on the 10 th of Ianuary they agreed to lend 100000 l. But it being raised by Subscription it amounted to above 150000 l. On the 16 th of Ianuary He put out a Declaration to assure the Mariners and Seamen of their Pay. The two Houses met on the 22 d of Ianuary 1688 9 the Lords chose the Marquess of Hallifax for their Speaker and the Commons chose Henry Powle Esq for theirs After which a Letter was read in both Houses from the Prince of Orange on the occasion of their Meeting to this Effect That he had endeavoured to perform what was desired from him for the Publick Peace and Safety during his Administration and that it now lay on them to lay a Foundation of a firm Security for their Religion Laws and Liberties That he did not doubt but that by such a full and free Representative of the Nation the Ends of his Declaration would be attained He recommended to them the dangerous Condition of Ireland and also of the States of Holland both which required large and speedy Succours and told them That since it had pleased God hitherto to bless his good Intentions with so great Success he trusted in him that he would compleat his own Work by sending a Spirit of Peace and Union to influence their Counsels that so no Interruption may be given to a happy and lasting Settlement The first Thing the two Houses took care of was by mutual Consent to make an Address to the Prince in which they acknowledged him the Glorious Instrument under God in the great Deliverance of the Kingdom from Popery and Arbitrary Power They acknowledged also his great Care in the Administration and entreated him to continue it till further Application and that he would take into his Care the State of Ireland Then the Houses ordered that Thursday Ian. 31. be a Day of Thanksgiving in the City of London and places adjacent within ten Miles and the 14 th of February throughout the whole Kingdom Then the Lords ordered that no Papist or reputed Papist should presume to come into the Lobby Painted Chamber Court of Requests or Westminster-Hall during the Sitting of the Convention And after several Days Debates in both Houses about the Abdication of the Government and the Vacancy of the â—hrone On the 12 th of February the two Houses at last fully agreed all Things in Dispute between them in the following Declaration The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster Concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHEREAS the late King Iames the Second by the Assistance of divers Evil Counsellors Judges and Ministers imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws
falling off of the Nobility and Gentry who avow to have no other End than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what Dangers they exposed the King I am fully perswaded that the Prince of Orange designs the King's Safety and Preservation and hope all things may be composed without more Bloodshed by the Calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect Peace and Safety till when let me beg You to continue the same favourable Opinion that you have hitherto had of Your most Obedient Daughter and Servant ANNE A MEMORIAL OF THE Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of ORANGE YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government established by Law have been many ways troubled and vexed by restless Contrivances and Designs of the Papists under pretence of the Royal Authority and things required of unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard-of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of Persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in Time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemenours superceded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the K. would have condemned as happened to Judg Powel and Holloway for acquitting the seven Bishopâ— Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long jointly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their Aim That they most humbly implore the Protection of your Royal Highnesses as to the suspending and Incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledges and that your Royal Highnesses would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liberties as well of that as other Corporations restored and all things returned to their ancient Channel c. THE PRINCE of ORANGE HIS DECLARATION of Novemb. 28. 1688. WE have in the course of our whole Life and more particularly by the apparent Hazards both by Sea and Land to which We have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true English-man and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not carry on the blessed and gloâ—ious Design which by the Favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to establish the Religion the Laws and the Liberties of those Kingdoms upon such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easy Composing this great Design We have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility Gentry and People of England with Us for the Security of their Religion the Restitution of the Laws and Re-establishment of their Liberties and Properties Great Numbers of all Ranks and Qualities having joined themselves to us and others at great Distances from Us have taken up Arms and declared for Us. And which we cannot but particular mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and Common Souldiers have been touched with such a feeling Sense of Religion and Honour and of true Affection for their Native Country that they have already deserted the Illegal Service they were ingaged in and have come over to Us and have given Us full Assurance from the rest of the Army that they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without the Hazard of being prevented and betray'd To which End and that We may the sooner execute this just and necessary Design We are ingaged in for the Publick Safety and Deliverance of these Nations We are resolved with all possible Diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all Things first settled upon such a Foot according to Law as may give Us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescentions on his part as will give intire Satisfaction and Security to all and make both King and People once more Happy And that we may effect all this in the way most agreeable to our Desires if it be possible without the Effusion of any Blood except of those execrable Criminâ—als who have justly forfeited their Lives for betraying the Religion and Subverting the Laws of their Native Country We do think fit to declare that as we will offer no Violence to any but in our own Necessary Defence so we will not suffer any Injury to be done to the Person even of a Papist provided he be found in such Place and in such Condition and Circumstances as the Laws require So we are resolved and do declare that all Papists who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any
plain that there are no Rules given in it neither for the Forms of Government in general nor for the degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution in which we are and it is plain that the Rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doinâ— and that he will both support us under our Sufferings and gloâ—iously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls undâ—â—â—â—other Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Iews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Cesar but judged that they were only subject out of Fear by reason of the force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole Matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Presâ—rvation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Liberties and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured aginst the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those
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 〈◊〉 should be left entire and that is the Regal Dignity But â—â—â—cerâ—â—ng the Birth of the supposed Prince of Wales no Proofs â—â—re ever given either to the Princess of Denmark or to any othâ—â— Protestant Ladies in whom we ought to repose any Conâ—â—â—â—â—ce that the Queen was ever with Child that whole Matter bâ—â—â—g managed with so much Mysteriousness that there were violent and publick Suspicions of it before But the whole Contrivance of the Birth the sending away the Princess of Denmark the sudden shortning of the Reckoning the Queen 's sudden going to St. Iames's her no less sudden pretended Delivery the hurrying the Child into another Room without shewing it to those present and without their hearing it cry and the mysterious Conduct of all since that time no Satisfaction being given to the Princess of Denmark upon her Return from the Bath nor to any other Protestant Ladies of the Queen's having been really brought to Bed. These are all such evident Indications of an Imposture in this Matter that as the Nation has the justest Reason in the World to doubt of it so they have all possible Reason to be at no quiet till they see a Legal and Free Parliament assembled which may impartially and without either Fear or Corruption examine that whole Matter If all these Matters are true in Fact then I suppose no Man will doubt that the whole Foundations of this Government and all the most sacred Parts of it are overturned And as to the Truth of all these Suppositions that is left to every Englishman's Judgment and Sense An ANSWER to a PAPER intituled Reflections on the Prince of ORANGE's Declaration IT seems a strange piece of Arrogance that any Man should reflect on a Declaration because it does not begin as he would have it that is with a Manifestation of our Clandestine League with France whereby an Army of Frenchmen together with our Papists Irish and other Mercenaries might establish Popery in England The Reflector ought to have consider'd that a Clandestine League tho' it may be very notorious to its Existence and Effects may likewise be very difficult to prove according to the meaning of the word Clandestine But that there is such a one we have the Testimony of the King of France in a Memorial delivered to the States of Holland and though it has been since disowned by our Court and Mr. Skelton upon it committed to the Tower his short Confinement and sudden Advancement to a Regiment shews that his Disgrace was but a trick of State It is also an inconsequential way of Arguing that because the Prince does not begin his Declaration with it therefore there is no such League things of that high consequence being easier and better carried on by secret Messages than Writings under Hand and Seal 2. In his second Reflection he tells us the Prince had needed less Apology if he had pretended only to have come to deliver the King from Evil Counsellours and to ingage him further in the Interest of Europe forgetting the Prince does declare to us he comes for that end tho' not singly and brought over his Army to secure him from the Rage and Fury of those Evil Counsellours His next Quarrel is that the Prince uses the Stile Of We and Vs within His Majesties Dominions a thing I believe ordinary enough in Great Princes when they speak or write to their Inferiours The Prince of Orange is General of a great numerous Army Admiral of a vast Fleet State-holder to a High and Mighty Common-wealth and consequently too great to speak in the Stile of a Private Person so that Rewarding Punishing Commanding Advancing may very naturally fall within his Power Nor is it any Crime to endeavour the calling of a Free Parliament and settling the Nation tho by ways and methods unusual in our days nothing being more frequent in our Histories than for our Barons with Arms in their Hands to compel their Kings to call and hearken to their Parliaments But now there being a standing Army of fourty thousand Mercenaries in the Land it was grown a Crime to petition for a Parliament and a Folly to expect a free one new Charters and Corporations and a general Nomination of incompetent Magistrates having taken the Election of Members for Parliament out of those Hands the Laws of the Land and Memorial Custom had intrusted with them According to the new Scheme designed by those Upstart and Popish Counsellours no Man was to Elect or be Elected for Parliament that would not ingage as far as in them lay to take away the Penal Laws and Test nay those wicked Counsellors prevailed yet farther upon his Majesty and he that pardoned so many of his Enemies was not suffered to forgive his best Friends and most Loyal Subjects a Refusal or Excuse in that particular That the Prince will send back his Army seems to some a strong presumption that he will not stay behind since even our own lawful King thinks himself not safe without an Army of Mercenaries in his own Kingdom From a strain'd Phrase or two Of We and Vs Require and Command sometimes used in his Declaration to infer That the Prince of Orange intends to make himself King of England seems to all rational Men a very captious and unsatisfactory way of arguing and a very unjust Calumny cast upon so great a Prince since more than once in express terms he declares he has no design upon his Majesty's Crown or Person so that all that Reproach falls to the Ground 3. In his third Reflection he tells us the Prince wants a clear Call and that a Son against a Father a Nephew against and Unkle a Neighbour against a Neighbour cannot be such That he is a Son-in-Law and a Nephew to his Present Majesty gives the Prince a fair and just pretence to interpose in our Affairs had he been a Foreigner as our Reflector terms him it might have look'd like an intended Conquest had he not been a Neighbour it had been Impossible for him to have afforded us this seasonable Assistance But some think that where Attempts are made to introduce the Catholick Religion by a Conspiracy against the Laws that secure and establish the Protestant Religion and the Test that only can keep the Papists out of the Government And to carry on this Conspiracy the better the old Charters are taken away under pretence of Forfeiture and Surrender new ones granted such as might bring Elections within the Power of those Evil Counsellors Papists upon the Bench a Jesuit in the Council and whole Troops of them in the Army 'T was high time for a Protestant Prince that had so near relation to the Crown of England to look about him and choose rather to be censured by our Reflector and such as he for entering upon the Stage a little before
his time than be justly reproach'd and curs'd to the End of the World by all such as love the Protestant Religion and ancient Government of England for appearing too late in their Defence The Example of Henry the Fourth of France may teach us how hard it is for a Protestant Prince to obtain his Right where the Catholick Religion is predominant nor was the new Armour of Popery he put on at last sufficient to defend the old Protestant against the Stab of a Jesuited Novitiate 4. His fourth Reflection acquaints us the Protestant Religion is at once expos'd and hazarded for if the King prevail what can the Prince of Orange's sort of Protestants expect at his Hands which are indeed all sorts of Protestants that I know of for the Presbyterians Independants Phanaticks Church-of-England Men are in his Army 'T is fair warning and I hope God will give the Protestants Grace to make the right use of it As for their changing Masters 't is a Chimera of his own and utterly foreign to the Declaration he pretends to reflect upon Lest we should forget he remindâ— us with that admirable Demonstration of I say that the whole Protestant Religion is at stake for which I heartily thank our worthy Reflector for tho it be very true we had not seen it in Print but for him 5. In his fifth Reflection he tells us that some Laws are better broken than kept which will not be easily granted 't is indeed true that some Laws were better be repealed than continued But then they must be null'd by the same Power they were constituted and not by any part of it in contradiction to the whole His instance is That Christianity could not have been introduc'd had the Pagan Laws been executed by which Parallel he would warrant Popery to be the true Christianity and the Protestant the Heathen Persecutors Laws for Idolatry cannot bind therefore Laws against it cannot a very strange Inference and I allow that a Lawful Authority by exceeding their just Bounds may act unlawfully but the Legislative Power cannot since all over the World the Supream Power ever was absolute be it in one or more He says no Man is obliged to maintain a Religion that is not true be it never so legally established So that it is but saying the Protestant Religion is not true and His Majesty notwithstanding his repeated Ingagements is no longer bound to protect it For in the words of our Reflector 't is an Absurdity and Impiety to do so 6. The sixth thing considerable in our Reflector is his Defence of the Dispensing Power and the use His Majesty seduc'd by his Evil Councellors makes of it which is no other than the setting aside of all our Laws made for the Security of the Protestant Religion but sure such a Prerogative can never be legally vested in the Crown which if admitted were the destruction of all Law. Had those Evil Counsellors only prevailed with his Majesty to have dispensed with the Penalties inflicted on Catholicks and other Dissenters for serving of God according to their particular Consciences though perhaps contrary to Law the matter had never been complained of But to put them into Places of the highest Trust to make one Lieutenant of Ireland another President of the Council a third Lieutenenant General of the Tower a fourth a Judg imploying numbers of them in the Army Court c. is a Transgression of the Law which is certainly very dangerous if not immediately yet inevitable in its Consequences to the Protestant Religion and Government and therefore a Mischief remote only as an Egg is from a Chicken from the worthy Reflector's Malum in se which he acknowledges this Dispensing Power extends not to And the particular Catholicks breaking the Law in these Points are without Excuse For no Man is obliged in Conscience to be a Judg a Priest a Minister a Privy-Councellor a Courtier or a Souldier in time of Peace contrary to the Laws of the Land. Nor do those Laws deprive the King of the Service of any of his Subjects absolutely since all Men if they please may capacitate themselves for Imployment If the High-Commission-Court be at an end Magdalen-Colledge and the Bishop of London restored we may in all appearance thank the Honesty and Caution of some of its worthy Members and the Noise of what our Reflector calls the Prince of Orange's Invasion though some will say a Descent upon England made by a Prince of the Blood Married to the Eldest Daughter of the present King upon the Invitation of many Lords both Spiritual and Temporal and of the considerable Gentry Commonalty of all Counties might have deserved a fairer Name Nor ought any Man to complain if his honest Neighbour break violently into his House at a time when his Family cry out Fire or Murther the common Obligation of Humanity and a due care of their own Preservation exact no less of them But this Paper is not intended for a Vindication of the Prince I will therefore return to my Reflector again who undertakes for all good Protestants that they only refus'd to repeal the Test by reason of the Security it affords to their Religion As if they had cast off all care of their Civil Concerns and were only intent upon Religious Affairs so as to consent to give his Majesty a Majority of Papists in the House of Lords by which he might have two Negative Voices upon all Laws to be offer'd and an House of Pears ready to repeal the Habeas Corpus Bill and such Statutes as any ways seem to incumber what Papists think his Majesties Prerogative of which they maintain the Dispensing Power to be an Essential Part and well they may since it is the very Power by which he maintains them in Places and Imployments So that by leave of my worthy Reflector the Considerations of Religion tho they are the principal are not the only Reasons that have determined all good Protestants to a Non-concurrence with his Majesty in the Repeal of the Test. 8. In his eighth Reflection he tells us That Chappels are places of Devotion so are Turks Mosques and the Iews Synagogues yet no good Christian but would be offended to see them multiply'd and encouraged either in his own or his Neighbours Country 9. In his ninth he tells us The King was content the Test should remain I answer These Evil Counsellors were not content the Test should remain but sent their Regulators and other Agents to threaten promise remove and change the Magistrates in all Corporations in order to the procuring Members of Parliament such as were to enter the House under solemn Promises and firm Resolutions to take off the Penal Laws and Test notwithstanding all the weighty nay convincing Arguments they might meet with there to the contrary A desperate sort of Senators and fitter for Catalines Conspiracies than an English Parliament Nor did these Evil Counsellors cease to sollicit even Knights of the Shire till
the general Indignation their Proposals met with together with the Noise of the Prince of Orange's Preparations frightned them from a further prosecution of their enormous Attempts He ingenuously confesses the seizing of Charters to have been a fault so there is no Contest between us on that Point but he adds That the Prince of Orange has nothing to do with it now others think him highly concern'd in it for if according to Sir Thomas Moore Rex Potest Iuriper Parta mentem potest destrui or according to the Opinion of latter Times a Parliament may make a Bill of Exclusion a Prince that has so near a Relation to the Crown of England ought not to suffer any foul play in the calling together such an Assembly as may null his Title or preclude him of his Right to the Crown in time to come 'T is true the Counsel for seizing Charters was given in the last King's Reign and most of them then seized but no Man can deny but some have been condemned and seized in the Reign of his present Majesty and restored not till the Apprehension of the aforesaid Invasion so that we are promised a Free Parliament only because they cannot put one of their own framing upon us 10. His tenth Paragraph needs no answer 11. In his eleventh he tells us there were but two Papist Judges as if the Laws were not broken unless the Judges were all Papists or that Judges sitting contrary to Law could give a Legal Sentence Both these defects he supposes supplied by the Dispensing Power a Power sufficiently baffled by those Gentlemen of the long Robe of Counsel for the Bishops and not defended by either Judges or Counsel on the other side for which two of the Judges Iones and Holloway lost their places on the Bench. 12 13. His twelfth and thirteenth concern Ireland and Scotland and therefore I will leave them untouch'd to the Gentlemen of those Nations who best understand and are most sensible of the Oppressions they are under 14. In his fourteenth he pleads the Validity of the King's Declaration for Liberty of Conscience tho' that pretended Prerogative has been discuss'd and baffled in Parliament within these few years and deserted as such by His late Majesty he affirms that the King as Head of the Church might oblige the Bishops to cause the Declaration to be read in the Churches which if they had complied with in the Opinion of many good Protestants they had precluded themselves of their Votes in Parliament against it for with what Forehead could they Vote against the Declaration when they caused it to be read in their Churches An Act amounting to no less than maintaining or owning the Dispensing Power 15. In his fifteenth he allows the Prince and Princess of Orange have in terms full of respect signified to the King their deep regret which all these things have given them and their Thoughts abour Repealing the Test and Penal Laws as an Expedient of Peace but blames him it seems for doing all this so respectfully and privately and would rather had it done by a Manifesto that some of the Prince's Friends might be imprisoned for delivering it as Captain Lenham is for bringing over the Declaration He tells us next the King has come up almost to Fagel's Letter which was the Declaration of their Minds viz. The Church-of England-Test and Laws of Supremacy to remain then urging the King's Concessions which may be observ'd to bear date only from the report of the Prince's Preparations for England 16. He tells us in his sixteenth That the Prince thinks a Free Parliament to be the last and great Remedy for these Evils but complains these Wicked Counsellors are against it for fear of being called to Account that they had preingaged Voices to take off the Penal Laws and the Test and regulated Corporations and Burroughs that so they might assure themselves of the Members of Parliament He allows the Charge but says What has all this to do with the King No Man says it has and the Prince only requires the removal and punishment of those Evil Counsellors in a Free Parliament 17. Next our Reflector tells That there never was a Parliament absolutely Free but that Drink Mony and other Evil Arts have had a great sway in Elections This is true but no reason that we should consent to a General or Fundamental Corruption of our Elections because we cannot avoid some few and casual Ones Then he would have had the Prince have desired the King to have laid aside those Evil Counsellors as if it were not Notorious that the Princes dislike of some Men has been their ready way to Preferment in our Court and Embassadors for Holland have been of late chosen out of those he has most aversion for as if these Wicked Counsellors feared nothing so much as a good Understanding between His Majesty and the Prince of Orange 19. In the nineteenth he tells The Prince and Princess of Orange's Question concerning the Birth of the Prince of Wales saying That during the Queen's pretended Bigness and in the manner in which the Birth was managed there have appear'd so many just and visible grounds of Suspicion that not only the Prince himself but all good Subjects in England do vehemently suspect that the pretended Prince of Wales was not born of the Queen 20. Next our Reflector tells us That the Prince ought to have writ to the King for a private satisfaction in this Matter which the King would no doubt have given in the manner that all reasonable Men do when they are examined against themselves All Men allow the imputation of such an Imposture to be a great Reflection on their present Majesties But some think they have in a great measure drawn it upon themselves by omitting to have those Witnesses by and those Methods observed that our Laws require to prove the Birth of a Legitimate Prince of Wales 'T is not perhaps enough to say that there were as many Witnesses and as good Proof of it as the Law exacts still the Question returns Why not the same Persons a Legal Proof admits of no Equivolent Our Reflector will not deny but that there has been common Fame all over Europe that this Prince of Wales was not Born of the Body of her Majesty and common belief of it among Protestants this of it self were enough to make the next Heir to the Crown look about and move every Stone that the Matter might be examined by impartial Methods in a Free Parliament which is all that the Prince and Princess of Orange aims at for their Proofs to the contrary 't is not to expected they should acquaint the World with them before the Trial. 22. In his two and twentieth Reflection on the eighteenth Paragraph where the Prince says He was invited to this Expedition by many Lords both Spiritual and Temporal and many Gentlemen and Subjects of all Ranks Our Reflector is pleased to tell him he is
Parliament to sit the 15 th of Ianuary next Iâ— can only add in the Name of my Self and all these Gentlemen and others here met That we will ever be ready to support and defend the Laws Liberties and Protestant Religion And so GOD SAVE THE KING To this the Mayor Aldermen and the rest of the Corporation and a numerous Assembly did concur with his Grace and the rest of the Gentry His Grace at his lighting from his Horse perceiving great numbers of Common People gathering together called them to him and told them He desired they would not take any occasion to commit any Disorder or Outrage but go quietly to their Homes and acquainted them that the King had ordered a Free Parliament to be called TO THE KING's Most Excellent Majesty The Humble Address of GEORGE Lord DARTMOUTH Admiral of Your Majesties Fleet for the present Expedition and the Commanders of Your Majesties Ships of War now actually at the Spitehead in Your Majesties Service under his Lordships Command Most Dread Sovereign THE deep sense we have had of the great Dangers your Majesties Sacred Person has been in and the great Effusion of Christian Blood that threatned this your Majesties Kingdoms and in probability would have been shed unless God of his infinite Mercy had put it into your Majesties Heart to call a Parliament the only means in our opinion under the Almighty left to quiet the Minds of your People We do give your Majesty our most humble and hearty Thanks for your gracious Condescension beseeching God to give your Majesty all immaginable Happiness and Prosperity and grant that such Counsels and Resolutions may be promoted as conduce to your Majesties Honor and Safety and tend to the Peace and Settlement of this Realm both in Church and State according to the Establish'd Laws of the Kingdom Dartmouth Berkley Ro. Strickland I. Berry Io. Beverley Iohn Leake George S. Lo. Iohn Lacon Fr. Wicell Will. Davis Iohn Munden Tho. Legg Tho. Leighton St. Akerman W. Cornwal W. Ienning Ioh. Clements Io. Ashby Rob. Wiseman Iohn Ieniper Will. Booth Tho. Coale R. D'Lavall Tho. Iohnson M. Aylmer Fr. Frowde Tho. Skelton Ab. Potter A. Hastings Io. Montgomery M. Tennant Clo. Shovell E. Dover R. Weston W. Botham I. Tyrrel St. Fairborne Henr. Botler William Pooley Io. Fraseby Ba. Wild. On board the Resolution at Spitehead Decemb. 1. 1688. FINIS A THIRD Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. The Expedition of the Prince of Orange for England giving an Account of the most Remarkable Passages thereof from the Day of his setting Sail from Holland to the first Day of this Instant December II. A further Account of the Prince's Army in a Letter from Exon Novemb. 24. III. Three Letters 1. A Letter from a Jesuit of Leige to a Jesuit at Friburg giving an Account of the happy Progress of Religion in England 2. A Letter from Father Petre to Father La Cheese 3. The Answer of Father La Cheese to Father Petre. IV. Popish Treaties not to be rely'd on In a Letter from a Gentleman at York to his Friend in the Prince of Orange's Camp. Addressed to all Members in the next Parliament Licensed and Entred according to Order London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. THE EXPEDITION Of His HIGHNESS the Prince of ORANGE For ENGLAND Giving an Account of the most remarkable Passages thereof from the Day of his setting Sail from Holland to the first Day of this instant December 1688. HIS Highness the Prince of Orange set Sail from Holland with 51 Men of War 18 Fire-ships and about 330 Tenders being Ships hired of Merchants for the carriage of Horse and Foot Arms Ammunition c. The Fleet stood out at Sea to the Norward which met with horrid Storms for two Days and two Nights together in which bad Weather there were lost above 500 Horse and a Vessel parted from the Fleet wherein were 400 Foot supposed to be lost but now known to be arrived safe at the Texel but grievously shatter'd and torn by the Storms two of the Prince's principal Men of War were forced to new Rigg at Helversluse The Prince immediately on his return back inform'd the States of the condition of the Fleet which was not so damnified as was represented by the Vulgar and Ignorant who thereupon to lull a great Man asleep the States or some one employed by them order'd That the Harlem and Amsterdam Courantier should make a dismal Story of it by representing to the World that the Prince returned with his Fleet miserably shatter'd and torn having lost nine Men of War and divers others of less Concern 1000 Horse ruin'd a Calenture among the Sea-men the loss of Dr. Burnet and the chief Ministers under the Prince the ill Opinion the States had of the Expedition In short that a 100000 l. would not repair the Dammage sustained and almost next to an impossibility that the Prince should be in a condition to pursue his Design till the Spring And yet at the same time all hands were at work to repair the damaged Ships which were inconfiderable so that in eight days time they were all re-fitted The Signal being given by the discharge of a Gun all the Fleet immediately weigh'd Anchor and stood out at Sea steering their Course Norward all that Night next day upon Tide of Ebb they made a Stretch and made a Watch above a League and then stood Westward and lay all Night in the same posture not making two Leagues of Watch. In the middle of the Night an Advice-Boat brought us an Account that the English Fleet consisting of 33 Sail lay to the Westward of ours Upon which the Prince fired a Gun which caused a great Consternation in the whole Fleet we having a brisk Easterly Wind concluded themselves to be all ruin'd But the small Advice-Boats crusing for a more certain Account of the English brought us back word That instead of the English Fleet which the former Advice had alarm'd us with it was Admiral Herbert with part of our Fleet which had been separated some hours from the Body of the Fleet Upon whose arrival great rejoicing was among us all and a Signal of Joy was given for it by the Prince In the Morning about Eight the Prince gave a Signal that the Admirals should come aboard him Immediately after the whole Fleet was got into the North-foreland upon which the Prince gave the usual Sign of Danger according to the printed Book and ordered that the Fleet should all come up in a Body some fifteen or sixteen deep his Higness leading the Van in the Ship Brill in English Spectacles His Flag was English Colours the Motto impailed thereon is THE PROTESTANT RELIGION AND LIBERTIES OF ENGLAND and underneath instead of Diu Mon Droit AND I WILL MAINTAIN IT The Council of War from aboard the Prince sent three small Frigats into the
present at the Sermon At London likewise things succeed no worse Every Holy Day at preaching People so frequent that many of the Chappels cannot contain them Two of ours Darmes and Berfall do constantly say Mass before the King and Queen Father Edmund Newil before the Queen Dowager Father Alexander Regnes in the Chappel of the Ambassador aforesaid others in other places Many Houses are bought for the Colledg in the Savoy as they call it nigh Somerset-house London the Palace of the Queen Dowager to the value of about eighteen thousand Florins in making of which after the Form of a Colledg they labour very hard that the Schools may be opened before Easter In Ireland shortly there will be a Catholick Parliament seeing no other can satisfy the King's Will to Establish the Catholick Cause there In the Month of February for certain the King hath designed to call a Parliament at London 1. That by a Universal Decree the Catholick Peers may be admitted into the Upper House 2. That the Oath or Test may be annulled 3. Which is the best or top of all That all Penal Laws made against Catholicks may be Abrogated which that he may more surely obtain he desires every one to take notice that he hath certainly determined to dismiss any from all profitable Imployments under him who do not strenuously endeavour the obtaining those things also that he will Dissolve the Parliament with which Decree some Hereticks being affrighted came to a certain Peer to consult him what was best to be done to whom he said the Kings pleasure is sufficiently made known to us what he hath once said he will most certainly do if you love your selves you must submit your selves to the Kings Will. There are great preparations for War at London and a Squadron of many Ships of War are to be fitted out against a time appointed what they are designed for is not certain The Hollanders greatly fear they are against them and therefore begin to prepare themselves Time will discover more Liege 2. Feb. 1688. II. A Letter from the Reverend Father Petre Iesuit Almoner to the Kiâ—g of England written to the Reverend Father la Cheese Confessor to the most Christian King touching the present Affairs of ENGLAND Translated from the French. Most Reverend Father IF I have fail'd for the last few days to observe your Order it was not from want of Affection but Health that occasion'd the neglect and for which I shall endeavour to make amends by the length of this I shall begin where my former left off and shall tell you That since the appearing of a Letter in this Town written by the Prince's Minister of Holland which declares the Intentions of the Prince and Princess of Orange relating to the Repealing the Test or to speak more properly their Aversion to it This Letter has produc'd very ill Effects among the Hereticks whom at the return of some of our Fathers from those Parts we had perswaded that the Prince would comply with every thing relating to the Test that the King should propose to the next Parliâ—ment in case he should call one to which I do not find his Majesty much inclin'd But the coming of this Letter of which I have inclos'd a Copy has serv'd for nothing but to incourage the Obstinate in their aversion to that Matter The Queen as well as my self were of Opinion against the sending of any such Letter to the Hague upon that Subject but rather that some Person able to discourse and perswade should have been sent thither for all such Letters when they are not grateful produce bad Effects That which is spoken Face to Face is not so easiâ—y divulg'd nor any thing discover'd to the People but what we have a raind the Vulgar should know And I believe your Reverence will concur with me in this Opinion This Letter has extreamly provok'd the King who is of a temper not to bear a refusal and who has not been us'd to have his Will contradicted And I verily believe this very affront has hastned his Resolution of re-calling the English Regiments in Holland I shew'd his Majesty that part of your Letter that relates to the Opinion of his Most Christian Majesty upon this Subject which his Majesty well approves of We are interested to know the Success of this Affair and what Answer the States will give The King changes as many Heretick Officers as he can to put Catholicks in their places but the Misfortune is that here we want Catholick Officers to supply them And therefore if you know any such of our Nation in France you would do the King a pleasure to perswade them to come over and they shall be certain of Employments either in the old Troops or the New that are speedily to be rais'd for which by this my Letter I pass my Word Our Fathers are continually employ'd to convert the Officers but their Obstinacy is so great that for one that turns there are five that had rather quit their Commands And there are so many Male-contents whose Party is already but too great the King has need of all his Prudence and Temper to manage this great Affair and bring it to that Perfection we hope to see it in ere long All that I can assure you is That here shall be no neglect in the Queen who labours night and day with unexpressible Diligence for the propation of the Faith and with the Zeal of a holy Princess The Queen Dowager is not so earnest and Fear makes her resolve to retire into Portugal to pass the remainder of her days in Devotion she has already ask'd the King leave who has not only granted it but also promised that she should have her Pension punctually paid and that during her Life her Servants that she leaves behind her shall have the same Wages as if they were in waiting She stays but for a proper Season to imbark for Lisbon and to live there free from all Stories As to the Queen's being with Child that great Concern goes as well as we could wish notwithstanding all the Satyrical Discourses of the Heriticks who content themselves to vent their Poyson in Libels which by night they disperse in the Street or fix upon the Walls There was one lately found upon a Pillar of a Church that imported That such a day Thanks should be given GOD for the Queen 's being great with a Cushion If one of these Pasquil-makers could be discover'd he would but have an ill time on 't and should be made to take his last Farewel at Tyburn You will agree with me most Reverend Father that we have done a great thing by introducing Mrs. Celier to the Queen this Woman is totally devoted to our Society and zealous for the Catholick Religion I will send you an account of the progress of this Affair and will use the Cypher you sent me which I think very admirable I can send you nothing certain of the Prince and Princess
perhaps may not always agree with the Interest of France in this matter And I think aggravating this Breach at present to be also prejudicial to the Catholick Religion it self The great Design we have so long aimed at is applying to the King of France to take from the Hereticks all hopes of a Head or any other Protection than what they must expect from their own King whereby they finding themselves expos'd to his Pleasure will the more readily subscribe to his Will. But this misunderstanding between us will occasion an opportunity to the Hereticks to set up the Prince of Orange for their Chief And let me assure you not to deceive your selves The Religious of England as well as the Presbyterians themselves regard the Prince of Orange as their Moses and his Party is already so powerful in both these Kingdoms that it will appear terrible to any thinking Person should things come to extremity as may never happen if matters are not push'd on too far but managed with Moderation And I desire therefore with great deference to you better Judgment that this matter might be hinted to his Most Christian Majesty as opportunity shall serve and am sensible it must be done with very great caution I can tell you nothing at present concerning the certainty of calling a Parliament it requires so many things to be consider'd of and measures to be taken that his Majesty ought to be well assur'd of the success before he convenes them together I am not of opinion with many other Catholicks who say That by calling them the King hazards nothing for if they will not answer his Ends he need only prorogue them as is usually done But it is my Opinion and the Sense of many others That his Majesty hazards much for if it should unfortunately happen that they should in their Assembly refuse to comply with his Majesty's Desires it may be long enough ere he compass his Ends by way of a Parliament and perhapâ— never and then there rests no Expedient or other Means but by Violence to execute the Orders of his secret Council which must be suppos'd by his Army who upon a pretence of Incamping may be called together with the less Jealousie or Suspicion So you may see most Reverend Father that we do not want work in these Quarters and I must be supported by your Prayers which I beg of you and from all those of our Society His Majesty is so desirous that things may be done in order and upon a sure Fund so as to be the more lasting that he makes great application to the Shires and Corporations to get such Persons chosen fâ—r the Parliament as may be favourable to his Ends of which he may be sure before they come to debate And the King will make them promise so firmly and exact such Instruments from them in writing that they shall not be able to go back unless they will thereby draw upon themselves his Majesty's utmost Displeasure and make them feel the weight of his Resentment And I have here inclos'd some Effects of his Majesty's Endeavours in this matter which is an Address which the Mayor Sheriffs and Burgesses of New-Castle in the County of Stafford have presented to the King see the Gazette where this Corporation as well as Glocester and Teuxbury and others in their Addresses promise to chuse such Members as shall comply with his Majesty's Desires If all Towns were in as perfect Obedience as these we should certainly have a Parliament call'd which the Catholicks and Nonconformists expect with great Impatience But since this cannot be said of many of them the King 's secret Council think good to wait for the Queen's Delivery that they may see a Successor who may have need of the whole Protection of the Most Christian King to support him and maintain his Rights And by the Grace of God we hope that that Prince treading in his Father's steps may prove a worthy Son of our Society like his Father who thinks it no Dishonour to be so call'd As to other things most Reverend Father our Fathers with me as well as generally all the Catholicks with what grief do we hear of the Disunion that arises between his Holiness and the Most Christian King How does my Head in imitation of the Prophet's become a Spring of Tears to lament night and day the Schism that I foresâ—e coming into the Church Is is possible that our holy Society should not stand in the Breach and prevent the Mischiefs that this difference may occasion in the Church And that no body can reconciâ—e Levi and Iudah the Priesthood and the Scepter the Father and the Son the eldest Son of the Church with the Vicar of Christ upon Earth And what a Desolation and what Advantage to the Hereticks must this occasion They begin already to bid us convert the Children of the Family before we begin to convert Strangers And I must with grief confess they have but too much reason for what they say and if there does not come some present Assistance from above I foresee this Affair will occasion great Prejudices in the North Nor have we any hope that his British Majesty will interpose herein openly he receiving so little Satisfaction from his Holiness in some Demands made by his Ambassadour at Rome which morally speaking ought not to have been denied so great a King who first made this step which his Predecessors for a long time were not willing to undertake in sending his Ambassadour of Obedience to Rome And yet for all this our holy Father had not any particular Consideration of this Submission and Filial Obedience so that I dare not mention this matter but by way of Discourse daily expecting that of himself he will be pleased to make some Proposal therein I doubt not Reverend Father of your constant Endeavour to accommodate this matter thereby to take away from the Hereticks especially the Hugonots of France this occasion to laugh and deride us and we should think the Châ—nge much for the worse if instead of the French King 's going to Geneva he should march to Rome What may not all this come to especially since the Marquess de Lavardin has been so passionate in his Discourse to the Cardinal-Chancellor as to call him Impertinent and so far to forget his Duty and Reverence toward our Holy Father the Pope himself as to say he Doted as the Hereticks do confidently discourse in these parts I have caused some Masses of the Holy Ghost to be said That God would please to inspire the discontented Parties with a Spirit of Peace and Concord You did acquaint me some time since That Madam Mainteron did take upon her the Title of Daughter of the Society by virtue whereof you may command her by virtue of Obedience to use her Credit and Eloquence with the King to incline him to an Accommodation in this matter In the mean time I hear that at Rome many eminent Persons
with Hereticks do watch for all Advantages and Opportunities to destroy them being commanded thereunto by their Councils and the principles of their Church and instigated by their Priests The History of the several Wars of the Barons of England in the Reigns of King Iohn Henry the Third Edward the Second and Richard the Second in Defence of their Liberties and for redressing the many Grievances under which the Kingdom groaâ—'d is a full representation of the Infidelity and Treachery of those Kings and of the Invalidity of Treaties with them how many Grants Amendments and fair Promises had they from those Princes and yet afterwards how many Ambuscades and Snares were laid to destroy those glorious Patriots of Liberty what Violations of Compacts and Agreements and what havock was made upon all Advantages and Opportunities that those false Kings could take Read their Histories in our several Chronicles FINIS A FOURTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. The Prince of Orange's first Declaration from the Hague Octob. 10. 1688. With his Highnesses Additional Declaration from the Hague Octob. 24. 88. Corrected by the Original Copy printed there II. The Bishop of Rochester's Letter to the Ecclesiastical Commissioners III. The Prince of Orange's Speech to the Gentlemen of Somersetshire and Dorsetshire coming to joyn his Highness at Exeter Nov. 15. 88. IV. A true Copy of a Paper delivered by the Earl of Devonshire to the Mayor of Darby Nov. 20. 1688. V. An Address of the Mayor c. of Lyn-Regis in Norfolk to the Duke of Norfolk And the Duke's Answer Decemb. 6. 88. VI. A Declaration of the Lords Spiritual and Temporal in and about the City assembled at Guild hall Decemb. 11. 1688. VII A Paper delivered to the Prince of Orange by the Commissioners sent by his Majesty VIII The King's Letter to the Earl of Feversham on his Majesties leaving White-hall with the Earl's Answer IX A Declaration of the Prince of Orange to the Commanders in Chief of the Dispersed Regiments Troops and Companies to keep them together in Order X. An Address of the Lieutenancy of London to the Pr. of Orange XI An Address of the Lord Mayor Aldermen and Common-Council of London to the Prince of Orange XII A Speech of Sir G. Treby on delivery of the City Address Licensed and Entred according to Order London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. THE DECLARATION Of His HIGHNESS VVilliam Henry By the Grace of God PRINCE of ORANGE c. Of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland IT is both certain and evident to all Men that the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them and to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact observation and maintenance of these their Laws Liberties and Customs Upon these Grounds it is that we cannot any longer forbear to declare That to our great regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all Things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in an open and undisguised manner Those Evil Counsellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the King 's Dispensing Power by virtue of which they pretend that according to Law he can Suspend and Dispense with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendred those Laws of no effect Though there is nothing more certain than that as no Laws can be made but by the joint concurrence of King and Parliament so likewise Laws so enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority For though the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony Unless it is pretended that he is clothed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them Those Evil Counsellors in order to the giving some credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their Rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who made open profession of the Popish Religion though those are by Law rendred incapable of all such Employments It is also manifest and notorious that as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition though he made then
Estates that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law put into any Employments Civil or Military Both We our selves and our Dearest and most Entirely Beloved Consort the Princess have endeavoured to signify in terms full of Respect to the King the just and deep Regret which all these Proceedings have given us and in Compliance with his Majesties Desires signified to us We declared both by word of Mouth to his Envoy and in writing what our Thoughts were touching the repealing of the Test and Penal Laws which we did in such a manner that we hoped we had proposed an Expedient by which the Peace of those Kingdoms and a happy Agreement among the Subjects of all Perswasions might have been settled but those Evil Counsellors have put such ill Constructions on these our good Intentions that they have endeavoured to alienate the King more and more from us as if We had designed to disturb the Quiet and Happiness of the Kingdom The last and great Remedy for all those Evils is the calling of a Parliament for securing the Nation against the evil Practices of those wicked Counsellors but this could not be yet compassed nor can it easily be brought about For those Men apprehending that a lawful Parliament being once assembled they would be brought to an account for all their open Violations of Law and for their Plots and Conspiracies against the Protestant Religion and the Lives and Liberties of the Subjects they have endeavoured under the specious Pretence of Liberty of Conscience first to sow Divisions among Protestants between those of the Church of England and the Dissenters The Design being laid to engage Protestants that are all equally concerned to preserve themselves from Popish Oppression into mutual Quarellings that so by these some Advantages might be given to them to bring about their Designs and that both in the Election of the Members of Parliament and afterwards in the Parliament it self For they see well that if all Protestants could enter into a mutual good Understanding one with another and concur together in the preserving of their Religion it would not be possible for them to compass their wicked Ends. They have also required all Persons in the several Counties of England that either were in any Imployment or were in any considerable Esteem to declare before-hand that they would concur in the Repeal of the Test and Penal Laws and that they would give their Voices in the Elections to Parliament only for such as would concur in it Such as would not thus preingage themselves were turned out of all Imployments and others who entred into those Engagements were put into their places many of them being Papists And contrary to the Charters and Priviledges of those Buroughs that have a Right to send Burgesses to Parliament they have ordered such Regulations to be made as they thought fit and necessary for assuring themselves of all the Members that are to be chosen by those Corporations and by this means they hope to avoid that Punishment which they have deserved tho it is apparent that all Acts made by Popish Magistrates are null and void of themselves so that no Parliament can be lawful for which the Elections and Returns are made by Popish Sheriffs and Mayors of Towns and therefore as long as the Authority and Magistracy is in such hands it is impossible to have any lawful Parliament And tho according to the Constitution of the English Government and immemorial Custom all Elections of Parliament-Men ought to be made with an entire Liberty without any sort of Force or the requiring the Electors to chuse such Persons as shall be named to them and the Persons thus freely elected ought to give their Opinions freely upon all matters that are brought before them having the Good of the Nation ever before their Eyes and following in all things the Dictates of their Consciences yet now the People of England cannot expect a Remedy from a free Parliament legally called and chosen But they may perhaps see one called in which all Elections will be carried by Fraud or Force and which will be composed of such Persons of whom those Evil Counsellors hold themselves well assured in which all things will be carried on according to their Direction and Interest without any regard to the Good or Happiness of the Nation Which may appear evidently from this that the same Persons tried the Members of the last Parliament to gain them to consent to the Repeal of the Test and Penal Laws and procured that Parliament to be dissolved when they found that they could not neither by Promises nor Threatnings prevail with the Members to comply with their wicked Designs But to crown all There are great and violent Presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the effecting of them for the encouraging their Complices and for the discouraging of all good Subjects have published that the Queen hath brought forth a Son tho there have appeared both during the Queen's pretended Bigness and in the manner in which the Birth was managed so many just and visible grounds of Suspicion that not only We our selves but all the good Subjects of those Kingdoms do vehemently suspect that the pretended Prince of Wales was not born by the Queen And it is notoriously known to all the World that many both doubted of the Queen's Bigness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our Dearest and most Entirely Beloved Consort the Princess and likewise We our Selves have so great an Interest in this Matter and such a Right as all the World knows to the Succession to the Crown Since also the English did in the Year 1672. when the States General of the Vnited Provinces were invaded in a most unjust War use their uttermost Endeavours to put an end to that War and that in opposition to those who were then in the Government and by their so doing they run the hazard of losing both the Favour of the Court and their Imployments And since the English Nation has â—ver testified a most particular Affection and Esteem both to our Dearest Consort the Princess and to Our Selves We cannot excuse our selves from espousing their Interests in a Matter of such high Consequence and from contributing all that lies in us for the maintaining both of the Protestant Religion and of the Laws and Liberties of those Kingdoms and for the securing to them the continual Enjoyment of all their just Rights To the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal and by many Gentlemen and other Subjects of all Ranks Therefore it is that we have thought fit to go over to England and to carry over
the proceeding of a Parliament But if to the great Misfortune and Ruine of these Kingdoms it should prove otherwise We further Declare That We will to our utmost defend the Protestant Religion the Laws of the Kingdom and the Rights and Liberties of the Subject A Letter from a Gentleman at Kings-Lyn Decemb 7. 1688. to his Friend in London SIR THE Duke of Norfolk came to Town on Wednesday Night with many of the chiefest of the County and yesterday in the Market-place received the Address following which was presented by the Mayor attended by the Body and many hundreds of the Inhabitants To his Grace the most Noble HENRY Duke of Norfolk Lord Marshal of England My Lord THE daily Allarums we receive as well from Foreign as Domestick Enemies give us just Apprehensions of the approaching Danger which we conceive we are in and to apply with all earnestness to your Grace as our great Patron in all humble Confidence to succeed in our Expectations That we may be put into such a posture by your Grace's Directions and Conduct as may make us appear as zealous as any in the Defence of the Protestant Religion the Laws and Ancient Government of this Kingdom Being the desire of many hundreds who most humbly challenge a Right of your Grace's Protection His Grace's Answer Mr. Mayor I Am very much obliged to you and the rest of your Body and those here present for your good Opinion of me and the Confidence you have that I will do what in me lies to support and defend the Laws Liberties and Protestant Religion in which I will never deceive you And since the coming of the Prince of Orange hath given us an opportunity to declare for the defence of them I can only assure you that no Man will venture his Life and Fortune more freely for the Defence of the Laws Liberties and Protestant Religion than I will do and with all these Gentlemen here present and many more will unanimously concur therein and you shall see that all possible Care shall be taken that such a Defence shall be made as you require AFter which the Duke was with his Retinue received at the Mayor's House at Dinner with great Acclamations and his Proceedings therein have put our County into a Condition of Defence of which you shall hear further in a little time our Militia being ordered to be raised throughout the County Our Tradesmen Seamen and Mobile have this morning generally put Orange Ribbon on their Hats Ecchoing Huzza's to the Prince of Orange and Duke of Norfolk All are in a hot Ferment God send us a good issue of it Lyn-Regis Decemb. 10. 1688. SIR BY mine of the 7 th Instant I gave you an Account of the Address of this Corporation to hiâ— Grace the Duke of Norfolk and of his Grace's Answer thereto Since which his Grace has sent for the Militia Troops and put them in a posture of Defence as appears by the ensuing Speech The Duke of Norfolk's Second Speech at Lynn I Hope you see I have endeavoured to put you in the posture you desired by sending both for Horse and Foot of the Militia and am very glad to see such an Appearance of this Town in so good a Condition And I do again renew my former Assurances to you that I will ever stand by you to defend the Laws Liberties and the Protestant Religion and to procure a Settlement in Church and State in concurrence with the Lords and Gentlemen in the North and pursuant to the Declaration of the Prince of Orange And so God save the King. The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guildhal Dec. 1688. WE doubt not but the World believes that in this Great and Dangerous Conjuncture We are heartily and zealously concerned for the Protestant Religion the Laws of the Land and the Liberties and Properties of the Subject And We did reasonably hope that the King having Issued His Proclamation and Writs for a Free Parliament We might have rested Secure under the Expectation of that Meeting But His Majesty having withdrawn Himself and as We apprehend in order to His Departure out of this Kingdom by the Pernicious Counsels of Persons ill Affected to Our Nation and Religion We cannot without being wanting to Our Duty be silent under those Calamities wherein the Popish Counsels which so long prevailed have miserably involved these Realms We do therefore Unanimously resolve to apply Our Selves to His Highness the Prince of Orange who with so great Kindness to these Kingdoms so vast Expence and so much hazard to his own Person hath Undertaken by endeavouring to Procure a Free Parliament to rescue Us with as little Effusion as possible of Christian Blood from the imminent Dangers of Popery and Slavery And We do hereby Declare That We will with our utmost Endeavours assist his Highness in the obtaining such a Parliament with all speed wherein Our Laws Our Liberties and Properties may be Secured the Church of England in particular with a due Liberty to Protestant Dissenters and in general the Protestant Religion and Interest ovâ—r the whole World may be Supported and Encouraged to the Glory of God the Happiness of the Established Government in these Kingdoms and the Advantage of all Princes and States in Christendom that may be herein concerned In the mean time We will Endeavour to Preserve as much as in Us lies the Peace and Security of these great and populous Cities of London and Westminister and the Parts Adjacent by taking Care to Disarm all Papists and Secure all Jesuits and Romish Priests who are in or about the same And if there be any thing more to be performed by Us for promoting His Higness's Generous Intentions for the Publick Good We shall be ready to do it as occasion shall Require W. Cant. Tho Ebor. Pembroke Dorset Mulgrave Thanet Carlisle Craven Ailesbury Burlington Sussex Berkeley Rochester Newport Weymouth P. Winchester W. Asaph Fran. Ely. Tho. Roffen Tho. Petribtrg P. Wharton North and Grey Chandos Montague T. Iermyn Vaughan Carbery Culpeper Crewe Osulston WHereas His Majesty hath privately this Morning withdrawn himself We the Lords Spiritual and Temporal whose Names are Subscribed being assembled at Guild-hall in London having Agreed upon and Signed a Declaration Entituled The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminister Assembled at Guild-hall 11 Decemb. 1688. Do desire the Right Honourable the Earl of Pembroke the Right Honourable the Lord Viscount Weymouth the Right Reverend Father in God the Lord Bishop of Ely and the Right Honourable the Lord Culpeper forthwith to attend his Highness the Prince of Orange with the said Declaration and at the same time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11 th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by
so well that he doubted not in a little time their Business would be managed to the utter Ruin of the Protestant Party The effecting whereof was so desirable and meritorious that if he had a Sea of Flood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretical Kings he would do it Singleton the Priest affirmed That he would make no more to stab forty Parliament-Men than to eat his Dinner Gerard and Kelley to encourage Prance to kill Sir E. B. G. told him It was no Murther no Sin and that to kill twenty of them was nothing in that case which was both a charitable and meritorious Act. And Grant one of the Massacring Gun-powder Traitors said upon his Execution to one that urged him to repent of that wicked Enterprize That he was so far from counting it a Sin that on the contrary he was confident that that noble Design had so much of Merit in it as would be abundantly enough to make Satisfaction for all the Sins of his whole Life See Everard Digby speaking to the same purpose also the Provincial Garnet did teach the Conspirators the same Catholick Doctrine viz. That the King Nobility Clergy and whole Commonalty of the Realm of England Papists excepted were Hereticks and That all Hereticks were accursed and excommunicated and That no Heretick could be a King but that it was lawful and meritorious to kill him and all other Hereticks within this Realm of England for the advancement and inlargement of the Authority and Jurisdiction of the Pope and for the restoring of the Romish Religion This was that Garnet whom the Papists here honoured as a Pope and kissed his Feeâ— and reverenced his Iudgment as an Oracle and since his Death given him the Honour of Saintship and Martyrdom Dugdale deposed That after they had dispatched the King a Massacre was to follow But surely it may be supposed that the Temper of such a Prince or his Interest would oblige him to forbid or restrain such violent Executions in England Yea but what if his Temper be to comply with such Courses Or his Temper be better Whâ—t if it be over-rul'd What if he be perswaded as other Catholicks are that he must in Conscience proceed thus What if he cannot do otherwise without hazard of his Crown and Life For he is not to hold the Reins of Government alone he will not be allowed to be much more than the Pope's POSTILLION and must look to be dismounted if he act not according to Order The Law tells us That it is not in the Power of any Civil Magistrate to remit the Penalty or abate the Rigour of the Law. Nay if the Prince should plight his Faith by Oath that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects this would signify nothing For they would soon tell him That Contracts made against the Common Law are invalid though conâ—irmed by Oath And That he is not bound to stand to his Promise though he had sworn to it And That Faith is no more to be kept with Hereticks than the Council of Constance would have it So that Protestants are to be burnt as Io. Huss and Ierom of Prague were by that Council though the Emperor had given them his safe Conduâ—t in that Solemn manner which could secure them only as they said from the Civil but not Church-Process which was the greatest For 't is their General Rule That Faith is either not to be given or not kept with Hereticks Therefore saith Simanca That Faith ingaged to Hereticks though confirmed by Oath is in no wise to be performed For saith he if Faith is not to be kept with Tyrants and Pirats and others who kill the Body much less with Hereticks who kill the Souls And that the Oath in favour of them is but Vinculum Iniquitatis A Bond of Iniquity Though Popish Princes the better to promote their Interest and to insnare the Protestant Subjects to get advantage upon them to their Ruin have made large Promises and plighted their Faith to them when they did not intend to keep it As the Emperor to Iohn Huss and Ierom Charles the Ninth of France to his Protestant Subjects before the Massacre the Duke of Savoy to his Protestant Subjects before their designed Ruin and Queen Mary before her burning of them But if there were neither Law nor Conscience to hinder yet in point of Interest he must not shew favour to Hereticks without apparent hazard both of Crown and Life for he forfeits both if he doth The Pope every Year doth not only curse Hereticks but every Favourer of them from which none but himself can absolve Becanus very elegantly tells us If a Prince be a dull Cur and fly not upon Hereticks he is to be beaten out and a keener Dog must be got in his stead Henry the Third and Henry the Fourth were both Assassinated upon this Account because they were suspected to favour Hereticks And are we not told by the Discoverers of the Popish Plot That after they had dispatch'd the King they would depose his Brother also that was to succeed him if he did not answer their Expectations for rooting out the Protestant Religion But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us Not possible if once they secure and settle the Throne for Popery For First They can avoid Parliaments as long as they please and a Government that is more Arbitrary and Violent is more agreeable to their Designs and Principles It being apparent that the English Papists have lost the Spirit of their Ancestors who so well asserted the English Liberties being so generally now fix'd for the Pope's Universal Monarchy sacrificing all to that Roman Moloch being much more his Subjects than the King 's and though Natives by Birth yet are Foreigners as to Government Principle Interest Affection and Design and therefore no Friends to Parliaments as our Experience hath told us But Secondly if their Necessity should require a Parliament there is no question but they may get such a one as will serve their turns For so have every of our former Princes in all the Changes of Religion that have been amongst us As Henry the 8 th when he was both for and against Popery Edward the 6 th when he was wholly Protestant Queen Mary when she was for Burning Alive and Queen Elizabeth when she ran so Counter to her Sister And the Reason is clear that he who has the making of the publick Officers and the Keys of Preferment and Profit influenceth and swayeth Elections and Votes as he pleaseth And by how much the Throne comes to be fix'd in Popery the Protestants must expect to be excluded from both Houses as they have excluded the Papists For as Hereticks and Traitors they as ignominous Persons c. you
one of them is not the other for he may be any one of these who is none of the rest IV. This distinction proceeds from the different Reasons upon which these Relations are founded V. The Reason or Foundation from whence arises the Relation of a Father is from having begotten his Son who may as properly call every old Man he meets his Father as any other Person whatsoever excepting him only who begat him VI. The Relation of an Husband and Wife is founded in Weâ—lock whereby they mutually consent to become one Fleâ—h VII The Relation of a Maâ—ter is founded in that Right and Title which he has to the Possession or Service of his Slave or Servant VIII In these Relations the Names of Father Husband and Master imply Soveraignty and Superiority which varies notwithstanding and is more or less absolute according to the Foundation of these several Relations IX The Superiority of a Father is founded in that Power Priority and Dignity of Nature which a Cause hath over its Effect X. The distance is not so great in Wedlock but the Superiority of the Husband over the Wife is like that of the Right-Hand over the Left in the same Body XI The Superiority of a Master is an absolute Dominion over his Slave a limited and conditionate Command over his Servant XII The Titles of Pater Patriae and Sponsus Regni Father of the Country and Husband of the Realm are Metaphors and improper Speeches For no Prince ever begat a whole Country of Subjects nor can a Kingdom more propâ—rly be said to be married than the City of Venice is to be Adriatick Gulph XIII And to shew further that Magistracy is not Paternal Authority nor Monarchy founded in Fatherhood it is undeniably plain that a Son may be the Natural Soveraign Lord of his own Father as Henry the Second had been of Ieffeâ—y Plantagenet if he had been an English-man which they say Henry the Seventh did not love to think of when his Sons grew up to Years And this Case alone is an eternal Confutation of the Patriarchate XIV Neither is Magistracy a Marital Power for the Husband may be the obedient Subject of his own Wife as Philip was of Queen Maâ—y XV. Nor is it that Dominion which a Master has over his Slave for then a Prince might lawfully sell all hiâ— Subjects like so many Head of Cattel and make Mony of his whole Stock when ever he pleases as a Patron of Algiers does XVI Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant for he does not hire them but as St. Paul saith They pay him Tribute in consideration of his continual Attendance and Imployment for the Publick Good. XVII That Publick Office and Imployment is the Foundation of the Relation of King and Subject as many other Relations are likewise founded upon other Functions and Administrations Such as Guardian and Ward c. XVIII The Office of a King is set down at large in the 17 th Chapter of the Laws of King Edward the Confessor to which the succeeding Kings have been sworn at their Coronation And it is affirmed in the Preambles of the Statutes of Malbridg and of the Statute of Quo Warranto made at Glocester That the calling of Parliaments to make Laws for the better Estate of the Realm and the more full Administration of Justice belongeth to the Office of a King. But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol. 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem à populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King that is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Laws of his Subjects and of their Bodies and Goods whereunto he receiveth Power of his People so that he cannot govern his People by any other Power Corolary A Bargain 's a Bargain CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says that Government is the Ordinance of Man and of Human Extraction And King Charles the First says of this Government in particular That it was moulded by the Wisdom and Experience of the Peoplâ— Answ. to XIX Prop. II. All just Governments are highly beneficial to Mankind and are of God the Author of all Good they are his his Ordinances and Institutions Rom. 13.1 2. III. Plowing and sowing and the whole business of preparing Bread Corn is absâ—luely necessary to the Subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa. 28. from 23 d to 29 th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have Strength by me Kings reign and Princes decree Iustice By me Prinees rule and Nobles even all the Iudges of the Earth Prov. 13.14 V. The Prophet speaking of the Plow-man saith His God doth instruct him to Discretion and doth teach him Isa. 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture that such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already butted and bounded when it forbids removing the Ancient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam 8.11 be a Statute of Prerogative and prove all those Particulars to be the Right of the King then Mishpat Haccohanim the Priests custom of Sacrilegious Rapine Chap. 2.13 proves that to be the Right of the Priests the same word being used in both places XIII It is the Resolution
the Advice to be writ clean over according to the Amendments But as they were about to part for that Dyet the Earl of Arran proposed to them as his Lordship's Advice that they should move the Prince of Orange to desire the King to return and call a free-Free-Parliament which would the best way to Secure the Protestant Religion and Property and to Heal all Breaches This Proposal seemed to dissatisfy the whole Meeting and the Duke of Hamilton their President Father to the Earl but they presently parted Wednesday the Ninth of Ianuary they met at three of the Clock in the same Room and Sir Patrick Hume took notice of â—he Proposal made by the Earl of Arran and desired to know if there was any there that would second it But none appearing to do it he said That what the Earl had proposed was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking his Declaration and the Good Intentions of preserving the Protestant Religion and of Restoring their Laws and Liberties exprest in it and further desired that the Meeting should declare this to be their Opinion of it The Lord Cardross seconded Sir Patrick's Motion it was answered by the Duke of Hamilton President of the Meeting That their Business was to prepare an Advice to be offered to the Prince and the Advice being now ready to go to the Vote there was no need that the Meeting should give their Sense of the Earl's Proposal which neither before nor after Sir Patrick's Motion any had pretended to own or second so that it was fallen and out of doors and that the Vote of the Meeting upon the Advice brought in by their Order would sufficiently declare their Opinion This being seconded by the Earl of Sutherland the Lord Cardross and Sir Patrick did acquiesce in it and the Meeting voted unaâ—imously the Advice following To His HIGHNESS the PRINCE of ORANGE WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at your Highness's desire in this Extraordinary Conjunction do give your Highness our humble and hearty Thanks for your Pious and Generous Undertaking for Preserving of the Protestant Religion and Restoring the Laws and Liberties of these Kingdoms In order to the Attaining these Ends our humble Advice and Desire is That your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom until a General Meeting of the States of the Nation which we humbly desire your Highness to Call to be holden at Edinburgh the Fourteenth day of March next by your Letters or Proclamation to be published at the Market-Crosses of Edinburgh and other Head-Boroughs of the several Shires and Stewartries as sufficient Intimation to All concerned and according to the Custom of the Kingdom And that the Publication of these your Letters or Proclamation be by the Sheriffs or Stewart Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Burroughs for the meeting of the whole Burgesses of the respective Royal Burroughs to make their Elections at least Fifteen Days before the Meeting of the Estates at Edinburgh and the Respective Clerks to make Intimation thereof at least Ten Days before the Meetings for Elections And that the whole Electors and Members of the said Meeting at Edinburgh qualified as above exprest be Protestants without any other Exception or Limitation whatsoever to Deliberate and Resolve what is to be done for securing the Protestant Religion and Restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated at the Council-Chamber in Whitehal the Tenth Day of January 1689. This Address being Subscribed by 30 Lords and about 80 Gentlemen was presented in their presence at St. Iames 's by the Duke of Hamilton their President to his Highness the Prince of Orange who thanked them for the Trust they reposed in him and desired a Time to consider upon so weighty an Affair Upon the Fourteenth of Ianuary his Highness the Prince of Orange met again with the Scots Lords and Gentlemen at St. Iames 's And spoke to them as follows My Lords and Gentlemen IN persuance of your Advice I will untill the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the Calling of the said Meeting for the Preserving of the Peace the applying of the Publick Revenue to the most pressing Vses and putting the Fortresses in the Hands of Persons in whom the Nation can have a just Confidence And I do further assure you That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion and Restoring the Laws and Liberties of the Nation The Earl of Crawfourd desired of his Highness That himself the Earl of Louthian and others come to Town since the Address was presented might have an opportunity to subscribe it which was accordingly done His Highness retireâ— and all shewed great Satisfaction with his Answer A LETTER to a Friend advising in this Extraordinary Iuncture how to free the Nation from SLAVERY for ever SIR I Doubt not but the Wisdom of the Nation will take the most effectual way to secure our Religion our Liberties and Property However being a Lover of all these I can't forbear communicating my Thoughts unto you with an assurance you 'l consider them God hath done great things for us and yet the greatest thing is not yet done there are many Difficulties in the way and many more will be thrown into it Slavery is most to be dreaded at this time What is done must be chiefly to guard against it How to do it is the principal business of the Great Men in the next Convention To know where we are is the first step to be taken Is the Government dissolved or only under some Disorders If the latter Are the Disorders such as must be laid to the Charge of the King or to his Ministers or both If to the King Are they sufficient to depose him If that be done Are we more secure from Slavery than now Will there be more than a Change of Persons in the Throne A Child for a Father a Protestant for a Papist And in a few Years the Succession may fall to the Queen of Spain or Dutchess of Savoy both Roman Catholicks and we in as great or greater danger of Popery and Slavery than we were the other day the Constitution remains the same the Iura Majestatis viz. the Militia the Power to make War or Peace the choosing Judges Sheriffs c. still in the Person of the King or if only by one Parliament restored to the People another Parliament may give them the King again Leges Posteriores priores abrogant And
the Number of Ninety or upwards attended his Highness the Prince of Orange at St. Iames's being introduced by the Earl of Devonshire the Lord Wharton and the Lord Wiltshire Their Sense was represented by one of those Ministers to this effect viz. That they professed their grateful Sense of his Highness's Hazardous and Heroical Expectition which the Favour of Heaven had made so surprizingly prosperous c. That they esteemed it a common Felicity that the worthy Patriots of the Nobility and Gentry of this Kingdom had unanimously concâ—rred unto his Highness's Design by whose most prudent Advice the Administration of Publick Affairs was devolved in this difficult Conjuncture into Hands which the Nation and World knew to be Apt for the greatest Undertakings and so suitable to the present Exigency of our Case That they promised the utmost Endeavour which in their Stations they are capable of affording for the promoting the excellent and most desirable Ends for which his Highness had declared That they added their continual fervent Prayers to the Almighty for the Preservation of his Highness's Person and the Success of his future Endeavours for the Defence and Propagation of the Protestant Interest throughout the Christian World. That they should all most willingly have chosen That for the Season of paying this Duty to his Highness when the Lord Bishop and the Clergy of London attended his Highness for the like purpose which some of them did and which his Lordship was pleased condescendingly to make mention of to his Highness had their notice of that intended Application been so early as to make their more general Attendance possible to them at that time That therefore tho they did now appear in a distinct Company they did it not on a distinct Account but on that only which is common to them and to all Protestants That tho there were some of Eminent Note whom Age or present Infirmities hindred from coming with them yet they concurred in the same grateful Sense of our common Deliverance His Highness was pleased very favourably to receive this Application and to assure them That he came purposely for the Defence of the Protestant Religion and that it was his own Religion wherein he was Born and Bred the Religion of his Country and of his Ancestors That he was resolv'd by the Grace of God always to adhere to it and to do his utmost Endeavours for the Defence of it and the promoting a firm Vnion among all Protestants The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7 th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury VVhere the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your Great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Presenâ— and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which Great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did amongst the first Associate our selves to assist and promote your Highness's most Glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your Gracious Intentions That by the Advice of the Estates of this Kingdom you will Rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Sovereign and Subject happy To which his Highness returned a most Gracious Answer A Word to the Wise for Settling the Government IT is an Universal Truth That no Nation can subsist without some Government and the Wisdom of this Nation hath framed their Government to consist in a King the Lords and the Commons In these three Conjunct wholly resides the Power of making and altering Laws for the Common Good of the whole and iâ— called the Legislative Power The King alone is entrusted with the due Execution of these Laws for the Preservation Protection and Comfort of the People both in Church and State and this Trust and Power is called the Râ—gal Power If then this Nation being Protestant and under Protestant Laws have a King who shall declare hâ—mself a Zealous Roman Catholick and put himself under the Power and Conduct of the Papal Jurisdiction admitting the Pope's Supremacy Nuntio Bishops Appeals c. And to his power endeavour to Establish the Popish Religion in the Realm Quest I. Whether such a King hath not thereby made himself Incompetent and uncapable to Govern a Protestant Church and a Protestant People by their Protestant Laws and notoriously Abdicated or Renounced the Government II. If a King entrusted with the Regal Power ut supra shall Subvert the Fundamental Laws Dispense with Statutes Destroy Colleges and Corporations Erect High and Illegal Courts Invade the Peoples Freeholds and Free Elections to Parliament put the Ports and Power of the Nation into Enemies hands Protect and Promote Traytors and turn the Protective Power of the Nation to the Ruine and Destruction of the People their Laws and Religion Whether by so doing such a King doth not in Fact declare That he will not Rule the Kingdom by its Laws and Constitutions but by his own Absolute Will and Pleasure III. If a King so entrusted with the Regal Power ut supra shall and do voluntarily depart the Realm with the Signals of Government without any provision for the Publick Administration and so deserting both the People Place and Power Whether such a King hath not Divested himself of that Trust and Regal Power IV. If so and the Lawyers Rule be true Quod non est haeres Viventis Then whether this Regal Power be Descended so long as the King is Living V. If the Regal Power be Fallen and yet not Descended whether of necessity it must not fall to its Center or Root from whence it Sprang which is the whole Nation now consisting in Lords and Commons as
and Setled in the Kingdom by the General Election of the People and in his Life-time the Nation was Sworn to the Succession of Edward the First before he went to the Holy Land. Edward the First being out of England by the Consent of Lords and Commons was declared King. Edward the Second being misled and relying too much upon his Favourites was Deposed and his Son was declared King in his Life-time Richard the Second for his evil Government had the Fate of the Second Edward Henry the Fourth came in by Election of the People to whom Succeeded Henry the Fifth and Henry the Sixth in whose time Richard Duke of York claimed the Crown and an Act of Parliament was made that Henry the Sixth should enjoy the Crown for his Life and the said Duke after him after which King Henry raises an Army by Assistance of the Queen and Prince and at Wakefield in Battel kills the Duke for which 1 Ed. 4. they were all by Act of Parliament Attainted of Treason and one principal Reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had killed him Edward the Fourth enters the Stage and leaves Ed. 5. to Succeed to whom Succeeds Richard the Third Confirmed King by Act of Parliament upon Two Reasons First That by reason of a Precontract of Edward the Fourth Edward the Fifth his Eldest Son and all his other Children were Bastards Secondly For that the Son of the Duke of Clarence second Brother to Edward the Fourth had no Right because the Duke was Attainted of Treason by a Parliament of Ed. the 4 th Henry the Seventh comes in but had no Title First Because Edward the Fourth's Daughter was then living Secondly His own Mother the Countess of Richmond was then living After him Henry the Eighth wore the Crown who could have no Title by the Father in his time the Succession of the Crown was Limitted several times and the whole Nation Sworn to the Observance Sir Thomas Moor declared That the Parliament had a Power to bind the Succession which was declared to be Law by 13 Eliz. cap. 1. and made a Praemunire to hold the contrary Edward the Sixth succeeded but his Mother was married to King Henry while Ann of Cleve his Wife was living Queen Mary was declared a Bastard and by Vertue of an Act of Parliament of Henry the Eighth she Succeeded which Act being Repealed in the First of her Reign and the Crown being Limitted otherwise by Parliament all the Limitations of the Crown in King Henry the Eighth's Reign were avoided so that Queen Elizabeth who was declared a Bastard by Act of Parliament in Henry the Eighth's time and limitted to Succeed in another Act in his time and that Act repealed by Queen Mary became Queen in the force of her own Act of Parliament which declares her Lawful Queen The Crown was Entail'd in Richard the Second's time again in the time of Henry the Fourth again in the time of Henry the Sixth again in the time of Edward the Fourth again in the time of Richard the Third again in the time of Henry the Seventh Thrice in the time of Henry the Eighth And upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be Begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries the Articles of Marriage to this purpose were Confirmed by Act of Parliament and the Pope's Bull. So that it was agreed by the States of both Kingdoms and the Low-Countries and therefore probably the Universal Opinion of the Great Men of that Age That Kings and Sovereign Princes with the Consent of their States had a Power to Alter and Bind the Succession of the Crown and never denied to be Law till the Reign of King Charles the Second True it is that this Doctrine doth not go down well with those that do pretend to Prerogative added as they say by the Act of Recognition made to King Iames and the Oaths of Supremacy and Allegiance which do make so much talk conceâ—ning Inheritance and Heirs But let these Gentlemen consider that the Act of Recognition made no Law for the future nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the Course of the Common-Law for after-Ages Nor do the Oaths of Allegiance and Supremacy hold forth any such Obligation unto Heiâ—s otherwise than as supposing them to be Successors and in that Relation only And therefore was no such Allegiance due to Edward the Sixth Queen Mary or Queen Elizabeth until they were actually possest of the Crown as may appear by the Oath forced by the Statute of H. 8. touching their Succession Nor did the Law suppose any Treason could be acted against the Heirs of Ed. 6. Queen Mary or Queen Eliz. until these Heirs were actually possest of the Crown and so were Kings and Queens as by the express words in the several Statutes do appear Nor did the Recognition by the Parliament made to Queen Elizabeth declare any engagement to the People to assist and defend Her and the Heirs of Her Body otherwise than with this Limitation being Kings and Queens of this Realm as by the Statute in that behalf made doth appear Moreover had these Oaths been otherwise understood the Crown had by virtue of them been preingaged so as it could never have Descended to Queen Mary Queen Elizabeth or King Iames but must have remained to the Heirs of Edward the Sixth for ever A Narrative of the Miseries of New-England by reason of an Arbitrary Government Erected there THat a Colony so considerable as New-England is should be discouraged is not for the Honour and Interest of the English Nation in as much as the People there are generally Sober Industrious Well-Disciplin'd and apt for Martial Affairs so that he that is Sovereign of New-England may by means thereof when he pleaseth be Emperor of America Nevertheless the whole English Interest in that Territory has been of late in apparent danger of being lost and ruined and the Miseries of that People by an Arbitrary Government erected amongst them have been beyond Expression great The original of all which has been the Quo Warranto's issued out against their Charâ—ers by means whereof they have been deprived of their ancient Rights and Priviledges As for the Massachusets Colony whose Patent beareth date from the Year 1628. There was in the Year 1683 a Quo Warranto and after that in the Year 1684 a Writ of Scire Facias against them and they were required to make their appearance at Westminster in October which they knew nothing of till the month before so that it was impossible for them to answer at the time appointed yet Judgment was entred against them Plimouth Colony
after they had enjoyed their first Government above threescore years without so much as a preâ—ence of Misgovernment alledged had all their Priviledges at once taken from them There was a Quo Warranto against Conecticot Colony whose Charter was granted to them by King Charles the Second only Letters were sent to them in the King's Name signifying that in case they did resign their Charter they should take their choice of being under New-York or Boston Several of the Magistrates there returned a most humble and supplicatory Answer praying That their former Government might still continue but that if it must be taken from them they had rather be under Boston than New-York This was by some at Court interpreted a Resignation of their Charter and a Commission sent to Sir Edmond Andross who went with some armed Attendants to Hartford their principal Town and declared their Charter and former Government to be void As for Road-Island they submitted themselves to His Majesties pleasure Before these Changes happened New-England was of all the Foreign Plantations their Enemies themselves being Judges the most flourishing and deâ—irable But their Charters being all one way or other declared to be void and insignificant it was an easy matter to erect a French Government in that part of the King's Dominions no doubt intended by the Evil Counsellors as a Specimen of what was designed to be here in England as soon as the times would bear it Accordingly Sir Edmond Andross a Gernsey-man was pitched on as a fit Instrument to be made use of and a most Illegal Commission given him bearing date Iune 3 1686 by which he with four of his Council perhaps all of them his absolute Devotees are impower'd to make Laws and raise Moneys on the Kings Subjects without any Parliament Assembly or Consent of the People It was thought by Wise Men that the Remembrance of Dudley and Empson who were in the days of King Henry the Eighth executed for acting by a like Commission would have deterred them from doing so But it did not for Laws are made by a few of them and indeed what they please nor are they printed as was the Custom in the former Governments so that the People are at a great loss to know what is Law and what not Only one Law they are sensible of which doth prohibit all Town-Meetings excepting on a certain Day once a Year whereas the Inhabitants have occasion to meet once a Month sometimes every Week for relief of the Poor or other Town-Affairs But it is easy to penetrate into the Design of this Law which was no Question to keep them in every Town from complaining to England of the Oppression they are under And as Laws have been Established so Moneys have been Raised by the Government in a most Illegal and Arbitrary way without any consent of the People Sir Edmond Andross caused a Tax to be leavied of a Penny in a Pound on all the Towns then under his Government And when at Ipswich and other places the Select Men as they are there stiled voted That inasmuch as it was against the Common Priviledges of English Subjects to have Money raised without their own Consent in an Assembly or Parliament That therefore they would petition the King for liberty of an Assembly before they made any Rates the said Sir Edmond Andross caused them to be Imprisoned and Fined some 20 l. some 30 l. and some 50 l. as the Judges by him instructed should see meet to determine Yea and several Gentlemen in the Country were Imprisoned and bound to their Good Behaviour upon meer suspicion that they did incourage their Neighbours not to comply with these Arbitrary Proceedings And that so they might be sure to effect their Pernicious Designs they have caused Juries to be pick'd of Men who are not of the Vicinity and some of them meer Strangers in the Country and no Freeholders which actings are highly Illegal One of the former Magistrates was committed to Prison without any Crimes laid to his Charge and there kept half a Year without any Fault and tho he petitioned for a Habeas Corpus it was denied him Also inferiour Officers have extorted what Fees they please to demand contrary to all Rules of Reason and Justice They make poor Widows and Fatherless pay 50 s. for the Probate of a Will which under the former easy Government would not have been a Tenth part so much Six Persons who had been illegally imprisoned were forced to give the Officers 117 l. whenas upon Computation they found that here in England their Fees would not have amounted to 10 l. in all And yet these things tho bad enough are but a very small part of the Misery which that poor People have been groaning under since they have been governed by a Dispotick and Absolute Power For their new Masters tell them that their Charter being gone their Title to their Lands and Estates is gone therewith and that All is the Kings and that They represent the King and that therefore all Persons must take Patents from them and give what they see meet to impose that so they may enjoy the Houses which their own Hands have built and the Lands which at vast Charges in subduing a Wilderness they have for many Years had a rightful possession of as ever any People in the World had or can have Accordingly the Governor ordered the Lands belonging to some in Charles-Town to be measured out given to his Creatures and Writs of Intrusion to be issued out against others And the Commons belonging to several Towns have been given to some of the Governours Council who begged them to the impoverishing if not utter ruining of whole Townships And when an Island belonging to the Town of Plimouth was petitioned away from them by one Nathaniel Clark whom Sir Edmond Andross made his Property because the Agents of the said Town obtained a voluntary Subscription to maintain their Title at Law they were compelled to come not only out of their own Country but Colony to Boston to answer there as Criâ—inals at the next Assizes and bound to their good Behaviour The Officers in the mean time extorting 3 l. per Man for Fees. These were the miserable Effects of New-England's being deprived of their Charters and with them of their English Liberties They have not been altogether negligent as to endeavours to obtain some relief in their sorrowful Bondage for several Gentlemen desired Increase Mather the Rector of the Colledge at Cambridge in New-England to undertake a Voyage for England to see what might be done for his distressed Country which Motion he complied with and in Iune the 1 st 1688 he had the favour to wait on the King and privately to acquaint him with the enslaved and perishing Eâ—tate of his Subjects in New-England The King was very gracious and kind in his Expressions then and often after promising to give them ease as to their Complaints and Fears Amongst other things
the said Mather caused a Petition from the Town of Cambridge in New-England to be humbly presented to His Mâ—jesâ—y which because it doth express the Deplorable Condition of thaâ— People it shall be here inserted To the King 's Most Excellent Majesty The Petition and Address of John Gibson aged about 87 and George Willow aged about 86 Years as also on the behalf of their Neighbours the Inhabitants of Cambridge in New-England In most humble wise sheweth THat Your Majesty's good Subjects with much hard Labour and great Disbursements have subdued a Wilderness built our Houses and planted Orchards being incouraged by our indubitable Right to the Soil by the Royal Charter granted unto the First Planters together with our Purchase of the Natives as also by sundry Letters and Declarations sent to the late Governour and Company from His late Majesty Your Royal Brother assuring us of the full enjoyment of our Properties and Possessions as is more especially contained in the Declaration sent when the Quo Warranto was issued out against our Charter But we are necessitated to make this our Moan and Complaint to Your Excellent Majesty for that our Title is now questioned to our Lands by us quietly possessed for near sixty Years and without which we cannot subsist Our humble Address to our Governour Sir Edmond Andross shewing our just Title long and peaceable possession together with our Claim of the benefit of Your Majesty's Letters and Declarations assuring all Your good Subjects that they shall not be molested in their Properties and Possessions not availing Royal Sir We are a poor People and have no way to procure Money to defend our Cause in the Law nor know we of Friends at Court and therefore unto Your Royal Majesty as the publick Father of all your Subjects do we make this our humble Address for â—elief beseeching Your Majesty graciously to pass Your Royal Act for the Confirmation of Your Majesty's Subjects here in our Poâ—sessions to us derived from our late Governour and Company of this Your Majesty's Colony We now humbly cast our selves and distressed Condition of our Wives and Children at Your Majesty's Feet and conclude with the saying of Queen Esther If we Perish we Perish Thus that Petition Besides this Mr. Inc. Mather with two New-England Gentlemen presented a Petition and humble Proposals to the King wherein they prayed that the Right which they had in their Estates before the Government was changed might be confirmed And that no Laws might be made or Moneys raised without an Assembly with sundry other particulars which the King referred to a Committee for Foreign Plantations who ordered them into the Hands of the Attorney-General to make his Report The Clerk William Blathwait sent to the Attorney-General a Copy wherein the Essential Proposal of an Assembly was wholly left out And being spoke to about it he said the Earl of Sunderland blotted out that with his own Hand likewise a Soliciter in this Cause related that the said Earl of Sunderland affirmed to him that it was by his Advice that the King had given a Commission to Sir Edmond Andross to raise Moneys without an Assembly and that he knew the King would never consent to an Alteration nor would he propose it to His Majesty When of late all Charters were restored to England it was highly rational for New-England to expect the like for if it be an illegal and unjust thing to deprive good Subjects here of their Antient Rights and Liberties it cannot be consistent with Justice and Equity to deal so with those that are afar off Applications therefore were made to the King and to some Ministers of State. It was urged that if a Foreign Prince or State should during the present Troubles send a Frigate to New-England and promise to protect them as under their former Government it would be an unconquerable temptation yet no Restoration of Charters would be granted to New-England which has opened the Eyes of some thinking Men. Thus hath New-England been dealt with This hath been and still is the bleeding state of that Country They cannot but hope that England will send them speedy Relief especially considering that through the ill Conduct of their present Rulers the French Indians are as the last Vessels from thence inform beginning their cruel Butcheries amongst the English in those parts And many have fears that there is a design to deliver that Country into the Hands of the French King except his Highness the Prince of Orange whom a Divine Hand has raised up to deliver the Oâ—pressed shall happily and speedily prevent it FINIS A SEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals humbly offered in behalf of the Princess of Orange II. The Heads of an Expedient proposed by the Court-Party to the Parliament at Oxford in lieu of the Bill for Excluding the Duke of York III. An Account of the Irregular Actions of the Papists in the Raign of King Iames the Second with a Method proposed to rid the the Nation of them IV. The Present Convention a Parliament V. A Letter to a Member of the Convention VI. An Answer to the Author of the Letter to a Member of the Convention Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Proposals humbly offered in behalf of the Princess of Orange Jan. 28. IT is a Maxim of the Law of England concerning the Government That there is no Interregnum Of necessity there must be a Change in the Person yet there is a Continuation of the Government Which shews the Prudence and Perfection of the Constitution in preventing that which of all things is most Deplorable a Failure of Government This Rule is therefore of that Importance as not to be given up upon the trivial Saying of Nemo est haeres viventis 'T is true the common and ordinary cause of a Change in the Person that is invested with the Royal Authority is Death But we are now in a rare and extraordinary Case where the King is living and yet may be said to be divested of the Royal Office as having by his Encroachments upon the Peoples Rights provoked them to resort to Arms and being vanquished by that Force followed with a total Defection from him and his Relinquiâ—hing the Kingdom thereupon without providing any ways for the Administration of the Government This seems to be a Cesser of this Government and may in Civil and Politick Construction amount to as much as if he had died But because this is a Cess of that nature that requires a Judgment to be made upon it it seems necessary to have a Convention of the Estates of the Nation to make a Declaration thereupon for 't is not for private Persons to determine in the Cases aforesaid how or when the King has lost his Government and till such Authoritative Declaration made the King may be supposed in
some kind of possession of the Kingly Office. Bâ—t after the Judgment made and declared there seems to be no dâ—fference in the consequence and result of the thing between such an extraordinary case of the Cesser of the Royal Dignity and the case of Death or voluntary Resignation or as if the King had been prosest and made himself a Recluse in a Religious House Then it must devolve upon the next Heir her Royal Highness the Princess of Orange As to the pretended Prince of Wales if there had been no Suspicions as to his Birth as there are many violent ones yet his being conveyed into unknown Places by Persons in whom no credit can be reposed and at an Age which exposes him to all manner of Practices and Impostures touching his Person then can there hereafter be no manner of Certainty of him so as to induce the Nation ever to consider any Pretence of that kind These things being considered First Whether will not the declaring her Royal Highness Queen of England as next in Succession be the surest and beâ—t Foundation to begin our Settlement upon rather than upon a groundless Conceit of the Government being devolved to the People and so they to proceed to Elect a King Secondly If that Conceit of devolving to the People be admitted Whether must we not conclude that the Misgovernment of King Iames the Second hath not only determin'd his Roylaty but put a period to the Monarchy it self And then 't is not only a loss as to his Person but to the whole Royal Family Thirdly Whether those Persons that have started this Notion upon pretence of giving the Nation an opportunity of gratifying his Highness the Prince of Orange in proportion to his Merits which it must be acknowledged no Reward can exceed if they were searched to the bottom did not do it rather to undermine this Ancient and Hereditary Monarchy and to give an Advantage to their Republican Principles than out of any Affection and Gratitude to his Highness For if the latter was that they had tâ—e chief respect to would it not be the more proper way to declare her Royal Highness Queen which will immediately put the Nation under a regular Constitution and posture of Government Then it will be capable of expressing its Gratitude to the Prince of Orange in matters touching even the Royal Dignity it self without making such a Stroke upon the Government as the Electing of a King or making any other immediate Alteration in the right of the Monarchy before the Parliament is compleated and constituted in all its parts must amount unto The Heads of the EXPEDIENT proposed by the Court-party to the Parliament at Oxford in lieu of the Bill for excluding the Duke of York I. THAT the Duke of York be banish'd during his Life five hundred Miles from England Scotland and Ireland and the Dominions and Territories to them belonging II. That the whole Government both Ecclesiastical and Civil shall upon the demise of the King be vested in a Regent for such time as the Duke of York shall survive III. That the Regent be the Princess of Orange and in case of her Decease without Issue or with Issue in Minority then the Lady Ann. IV. That if the Duke have a Son educated a Protestant then the said Princesses respectively shall succeed in the Regency during the Minority of such Son and no longer Which obviates an incurable Absurdity in the former Bill of Exclusion V. That the Regent nominate the Privy-Council and they to be or not to be approved in Parliament as shall be judged safest upon directing the drawing up of this intended Act. VI. That notwithstanding these Kingdoms out of respect to the Royal Family and Monarchy it self may be governed by the said Regent in the Name â—nd Stile of Iames the Second c. yet it shall by this intended Act be made Capital for any to take up Arms on his behalf or by a Commission not signed by the said Regent or not granted by lawful Authority derived from and under such Regent or to maintain an Opinion that the retaining the said Name and Stile shall in this case purge the disabilities imposed by this Act or elude the force thereof VII That Commissioners be forthwith sent to the Prince and Princess of Orange to take their Oaths that they will take upon them the execution of this Act and that their Oaths be here recorded VIII That all Officers Civil and Military forthwith take Oaths to observe this Act and so all others from time to time as in the Act for the Test. IX That his Majesty would graciously declare to call a Parliament in Scotland in order to the passing the like Act there and recommend the same and the like to be done in Ireland if thought necessary X. That in case the said Duke shall come into any of these Kingdoms then he shall be ipso facto totally excluded and shall suffer as in the former Bill and the Sovereignty shall be forthwith intirely vested in the Regent upon such his coming into any of these Kingdoms XI That all considerable Papists be banish'd by Name XII That their fraudulent Conveyances be defeated XIII That their Children be educated in the Protestant Religion By these means these three Kingdoms will be united in defence of the Protestant Religion his Majesty's Person and Government and a sure Foundation laid of an effectual League with Holland and consequently with the rest of Christendom in opposition to the growing Greatness of France ☞ 'T was thought fit to reprint this Expedient that the Reader may compare it with the Bill of Exclusion which may be seen at large in the Debates of the House of Commons lately published and judg which was the greatest Evil of the two viz. that which would have set the Duke aside and given him liberty to live where he pleased or that which would have strip'd him of all Power and banish'd him 500 Miles off and left him only the Name of a King. An Excellent Expedient indeed An Account of the irregular Actions of the Papists in the Reign of King James the Second With a Method proposed how to rid the Nation of them By a Person of Quality THE dreadful Revolutions Plots and Conspiracies which have been promoted by the Roman Catholicks in England since the Resormation are of that nature and have caused such fearful Convulsions in our Church and State that it is a great Argument of the Goodness and Providence of God that we have been able to bear so many Shocks and to avoid so many deep Designs as have now twice within the memory of Man brought us to the brinks of Ruin. We must be very impious or very stupid if our last Deliverance has not been able to make us adore the boundless Goodness of God towards us his sinful and unthankful Servants he having defeated the Hopes and totally overthrown the Contrivances of that restless implacable persidious Faction when they seemed
hopes of being a Plague and a Terror to us But it will be said The transporting so much Wealth out of the Nation will too much impoverish us This ought well to be considered and a true Estimate made both of the Estates and Debts of the Roman Catholicks and of the Methods of returning their Effects beyond the Seas and then perhaps it would rather increase our Trade than abate our Wealth And as for the weakning us by the taking off so many of our People this I am sure is a meer Chimera two or three thousand Persons would be the utmost that we should lose And those who bought their Estates would be better Subjects and Neighbours than ever they will be as long as they continue Roman Catholicks It is not to be imagin'd that all or any considerable Part of this Wealth will be transported in English Mony in specie but in Merchandise Bills of Exchange c. So that I am confident we have more sent away to the Iesuits Colledg beyond the Seas in seven Years than would be carried out in specie on such an occasion and hereby we should at once rid our selves of one of the greatest Plagues that any Nation ever struggled so long with Nor would it be only Profitable but Iust. They have given us the greatest Provocation that ever was given by Men to Men. Did ever 40000 Men in any other part of the World ever before endeavour to do what they themselves had proved to be impossible Did ever such an handful of Men before by Fraud and Violence design to enslave a Free to impoverish a Rich to subdue a Valiant and Generous Nation What could they mean by the Force they in Print and in common Discourse intimated that was to compel us to give up our Laws if fair Means would not do but a Massacre or a French Invasion Let them consider how they have treated thofe of our Religion in France and Piedmont and then tell me and all the World if we have treated them in the same manner when we have sent them away with all they can justly call their own only that we might not be forced to ruin them by a flower Prosecution The Facility is equal to the Justice of this Method they are few in number hated by all the rest of the Nation and besides all their former Misdemeanours have by the late Attempts upon the Religion and Liberties of England so far encreased the Aversion of all degrees of Men amongst us that they will find very few to pity them and not many to speak for them The only Objections I can foresee are first That it will impoverish England to suffer them to carry away their Estates and look too like Popish Cruelty to turn them out despoiled of what they have or of a great part of their Fortunes Now this Objection must be considered in Parliament because no one Man can make any thing near a true Estimate what the value will be their Debts being deducted till a true Account is given of their Estates and Debts and then I verily believe it will be found much less than it seems at first The second Objection is That it will weaken us and strengthen our Enemies to lose so many of our People To this I say it is apparently otherwise For if those Estates were in the Hands of Protestants they would much more contribute to the Union and Strength of England than the Persons of these Roman Catholicks do of whom we can make little or no use in Civil or Military Affairs at Home or Abroad in Peace or War. And if they were added to any other Country the Peace and Union they would leave us in would infinitely over-ballance the loss of their Persons and as I believe of their Estates too But now on the contrary if they be continued still amongst us we must still struggle with all those Inconveniences which have necessitated our Ancestors to make so many Laws against them and the Severities which must be used to keep them under will by degrees when the Memory of the late Transactions is worn off beget compassion and that will grow greater as they grow fewer and less dangerous and yet at last one single Iesuit may destroy the best of our Princes and two or three Gentlemen of Estate may disquiet and enjealous a whole County and when all is done no hopes is left that any lasâ—ing Peace can be made with them so that as long as there is any of that Religion in England there is a Ferment in the Veins of the Nation which will cause dreadful Paroxims Their Emissaries will also sow Dissentions between us and the Dissenters and exasperate the Parties against each other so that the good Correspendence which is now between us and them will in short time be turn'd into Hatred on both sides if all the Care imaginable be not taken on both Sides of these Incendiaries which will never be wanting whilst we have a Popisâ— Nobility and Gentry how small soever it is in Number The Seminaries at St. Omers Doway c. are kept up by the Nobility and Gentry of that Communion and tend very much to the imbroiling and weakning England and the advancing the Interest of France but would soonâ—d windle away if they had no Supplies from England as they could have little if we had no Popish Nobility or Gentry and the Lands of England were only in the Hands of Protestants The retiring of His late Majesty into France is another strong Inducement as long as He or the Child is living they will have a pretence to Plot and cut Throats and they will have some to pity and others to applaud them so that if there were no other Reason this alone were sufficient to determine the Question unless we are resolved to shew our selves as careless of a Protestant Prince as we have been over-fond of a Roman Catholick which will be an ill Recompence for our Deliverance The Present CONVENTION A PARLIAMENT I. THat the Formality of the King 's Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly elected may legally act as the great Council and representative Body of the Nation though not summon'd by the the King especially when the Circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the new and full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in Conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these general Assemblies to have been held and
sometimes even very anciently when upon extraordinary Occasions they met out of Course a Precept an Edict or Sanction is mentioned to have issued from the King But the times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those Days because it was altogether needless Secondly The Succession to the Crown did not in those Days nor till of late Years run in a course of lineal Succession by right of Inheritance But upon the Death of a Prince those Persons of the Realm that composed the then Parliament assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for electing of Kings Now such Assemblies could not be summon'd by any King and yet in Conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his elder Brother being then in the Holy Land Henry the youngest Son of King William the first procur'd an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some Oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head which being done a Confirmation of the English Liberties pass'd the Royal Assent in that Assembly the same in Substance though not so large as King Iohn's and King Henry the thirds Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was elected and Mawd the Express put by though not without some Stain of Perfidiousness upon all those and Stephen himself especially who had sworn in her Father's Life-time to acknowledg her for their Sovereign after his Decease Fifthly In King Richard the firsts time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl Iohn the King's Brother to treat of the great and weighty Affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl Iohn And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without him Sixthly When King Henry the 3 d. died his eldest Son Prince Edward was then in the Holy Land and came not home till within the third Year of his Reign yet immediately upon the Father's Death all the Prelates and Nobles and four Knights for every Shire and four Burgesses for every Borough assembled together in a great Council and setled the Government till the King should return made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all publick Business whatsoever without a new Election they having as great Authority as the People of England can delegate to their Representative II. The Acts of Parliaments not formal nor legal in all their Circumstances are yet binding to the Nation so long as they continue in force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was annull'd 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and Attainders thereupon were repealed in a Parliament held Anno 21. of that King which Parliament was procur'd by forc'd Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Parliament and those Persons were by the King's Writs to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this Day Fourthly Queen Mary's Parliament that restored the Pope's Supremacy was notoriously known to be pack'd insomuch that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential Considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this Day The Reason of all this is Because no inferior Courts have Authority to judg of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a Colour of Parliamentary Authority The Acts of such Assemblies being entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illeâ—â—lities c. of one another The Parliament that call'd in King Charles the second was not assembled by the King 's Writ and yet they made Acts and the Royal Assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever
since obtained as such Hence I infer that the present Convention may if they please assume to themselves a Parliamentary Power and in Conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament A LETTER to a Member of the CONVENTION SIR I Hear you are elected a Member of this next Convention and therefore expect to see you very suddenly in Town but I caâ— tell you my mind more freely in Writing and you may think better of it when you see it before you and therefore I have rather chose to give you the trouble of this Paper than to leave all to a personal Conference at our next Meeting I will not dispuâ—e with you about what is past or what is to come it is too late to do the first and as for the second whatever becomes of other Arguments Interest is most apt to prevail and therefore all that I beg of you is to take care that you do not mistake your own and the Nations Interest in a matter of such high Concernment There is no less Affair before you than the Fate of Princes and of three Kingdoms which requires the most calm mature and deliberate Advice and yet when you come to London you will find such Distractions and Divisions in Mens Counsels that all the threatning Dangers of Popery were not a more formidable prospect to Considering Men all old Animosities are revived and new ones fomented every day some are visibly acted by Ambition others by Revenge the Dissenter is very busie to undermine the Church and the Commonwealths Man to subvert Monarchy and the Lord have Mercy upon us all I doubt not but you will readily confess that it is the common Interest to have things settled upon such a bottom as is most like to last and then I am sure you must consult both Law and Conscience in the matter and keep to your old Establishment as near as you can for when there are so many Distempers in Mens Minds and such contrary Interests it is no time to innovate it is no time to lay new Foundations when there are frequent Earthquakes which will not give them time to settle The Revolutions of State have been so quick and sudden of late that all prudent Men will be cautions how they try Experiments which are commonly dangerous and uncertain but especially in matters of Government which depend on the good liking of free and moral Agents and when so many Hundred Thousands are to be satisfied you can never guess at the prevailing Opinion by the major Vote of a Convention Let us then consider what is most likely to give the most general satisfaction to the Nation for that I am sure is most likely to be lasting and because you may be a Stranger to these Matters yet I will give you an Account of the different Projects now on foot as well as I can learn them Some are for sending to the King and Treating with him to return to his Government under such Legal Restraints as shall give security to the most jealous Persons for the preservation of their Liberties Laws and Religion and if he will not consent to this to make the next Heir Regent Others are for declaring the Crown forfeited or demised and proclaiming the Princess of Orange Others will have the Government dissolved and begin all de novo and make the Prince of Orange King or Crown him and the Princess together and postpone the Title of the Princess Ann till after the Prince's Death if he survive the Princess I shall not pretend to tell you which of these I should prefer were it Res integra for the Question is not which you and I should like best but which will be the firmest Foundation for the Peace and Settlement of these Kingdoms 1. As for the first though it be horribly decried and such Men foolishly exposed as Friends to Popery and Arbitrary Power yet I could never meet with any Man yet who had the face to reject all Treaty with the King upon any other pretence but that it was in vain that it is impossible he should give any Security to the Nation that he would Govern by Law which is so ridiculous a pretence that it will satisfy no Body but those who are resolved that he shall never return For as little as I am versed in this matter I could frame such Laws as should put it utterly out of the King's Power to invade our Liberties or Religion However I am sure we should have thought our selves very secure would the King have called a Free Parliament and given them liberty to have made what Laws they pleaseâ— and that which would have given such general satisfaction before had it been granted I suspect should it be now granted and refused that would give as general dissatisfaction nay the very refusal to Treat will be thought such a scandalous neglect of our Duty to a Sovereign Prince and give such Jealousies to People that those who oppose it are only afraid that the King should comply as will be the foundation of universal Discontents which will shew themselves upon the first occasion It is certain would the Convention Treat with the King either they would agree or they would not agree if they could not agree upon the proposal of reasonable Securities this would satisfie Multitudes of People that they had tried if they did agree this would give universal satisfaction and there were an happy end of all our Troubles But now let us suppose that part of the Convention should prevail which is against Treating with the King and for deposing or setting him aside without more ado let us consider what is like to be the most probable Consequence of this Iâ— is certain this fundamental Change in the Government cannot be made by any Legal Authority for the Convention will not pretend to any such Legal Power and there can be no Parliament without a King and a King whose whole Authority depends upon a Convention that has no such Authority is but in a weak state as to Civil Right No Man will think himself bound in Conscience to obey him and when every Mans Conscience is free let such a Prince beware of Epidemical Discontents And let you and I calmly consider what Discontents may probably arise upon such a Juncture 1. First then All those who think themselves bound by their Oath of Allegiance to defend the King's Person Crown and Dignity who wonder at Men of Law who talk of a Forfeiture or Demise of the Crown while the King lives and flies out of his Kingdoms only for the safety of his Person and because he will not trust himself in the power of his Enemies I say all such Persons will be greatly discontented at Deposing the King and will never own any other King while their own King to whom they have sworn Allegiance lives and tho you should suppose such Conscientious Men to be very few
yet if these few should happen to be Persons of Character of known Prudence and Abilities Integrity and Honesty in Church or State their Examples would give a terrible Shock to such a new tottering Government tho they were never so Tame and Peaceable void of Faction and Sedition themselves And yâ—t lâ—t me tell you you must not judge of the Numbers of â—hese Men by the late general defection The whole Nation I confess was very unanimous for the Prince great numbers of Gentlemen nay of the King 's own Soldiers went over to him very few but Papisâ—s offered their Service to the King but the reason of this was very evident not that they were willing to part with the King and set up another in his room but because they were horribly afraid of Pâ—pery and very desirous to see the Laws and Religion of the Nation settled upon the old Foundations by a Free Parliament which was all the Prince declared for but many who were Well-wishers to this Design will not renounce their Allegiance to their King and now they see what is like to come of iâ— are ashamed of what they have done and ask God's pardon for it and are ready to undo it as far as they can 2. Besides a thousand occasions of Discontent which may happen in such a Change of Government as this which no Body can possibly foresee and yet may have very fatal Consequences there are some very visible occasions for it besides the sense of Loyalty and Conscience How many Discontents think you may arise between the Nobility and Gentry who attend the new Court Every Man will think he has some Merit and expect some marks of Favour to have his share of Honour and Power and Profit and yet a great many more must miss than those who speed and many of those who are Rewarded may think they han't their Deserts and be disconternted to see others preferred before them and those whose expectations are disappointed are disobliged too and that is a dangerous thing when there is another and a righful King to oblige for Duty and Discontent together to be revenged if a new King and to be reconciled to an old One will shake a Throne which has so sandy a Foundation The like may be said of the Soldiery who are generally Men of Honour and Resentment and have the greater and sharper Resentments now because they are sensible of their mistake when it is too late yet as they ought not to have Fought for Popery nor against the Laws and Liberties of their Country fo neither ought they to have deserted the defence of the King's Person and Crown but have brought the Prince to Terms as well as the King. Thus you easily foresee what a heavy Tax must be laid upon the Nation to defray the Charge of this Expedition and I believe the Country would have paid it very chearfully and thankfully had the Prince resâ—ored to them their Laws and Liberties and Religion together with their King but you know Men are apt to complain of every thing when Money is to be paid and it may be it will be thought hard to lose their King and to pay so deaâ— for it too And tho what the Convention does is none of the Prince's fault no more than it was his design yet angry People don't use to distiâ—guish so nicely But there is a greater Difficulty still than all this There are no Contentions so fierce as those about Religion this gave Life and Spirit to the Prince's Design and had the main stroke in this late Revolution And though Popery were a hated Religion yet most Men are as zealous for their own Religion as they are against Popery Those of the Church of England are very glad to get rid of Popery but they will not be contented to part with their Church into the Bargain for this would be as bad as they could have suffered under Popery The several Sects of Dissenters are glad to get rid of Popery also but now they expect glorious Days for themselves and what they expect God Almighty knows for I am confident they don't know themselves Now consider how difficult it will be for any Prince who has but a crazy Title to the immediate possession of the Crown to adjust this matter so as neither to disgust the Church of England nor the Dissenters and if either of them be disobliged there is a formidable Party made against them This being the Case should the King be deposed and any other ascend the Throne it will be necessary for them to keep up a standing Army to quell such Discontents for where there are and will be Discontents without any tye of Conscience to restrain Men there can be no defence but only in Power and this will raise and encrease new Discontents for it alters the frame of our Constitution from a Civil to a Military Government which is one of the great Grievances we have complained of and I believe English People will not be better pleased with Dutch or German or any foreign Souldiers than they were with their own Country-Men and I believe English Souldiers will not be extreamly pleased to see themselves disbanded or sent into other Countries to hazard their Lives while their Places are taken up by Foreigners who live in ease plenty and sasety And when things are come to this pass which is so likely that I cannot â—ee how all the Wit of Man can prevent it I will suppose but one thing more which you will say is not unlikely that the King return with a foreign Force to recover his Kingdoms how ready will the Men of Conscience and the Men of Discontent be to join him nay to invite him Home again and if he returns as a Conqueror you will wish when it is too late that you had treated with him and brought him back upon safe and honourable Terms Secondly Let us suppose now that all this should be over-voted for I am sure it can never be answered and the Convention should resolve to proclaim the next Heir 1. You must be sure to examine well who is the next Heir that is you must throughly examine the Pretences of the Prince of Wales and yet if you have not good Proofs of the Imposture you had better let it alone For tho the Nation has had general presumptions of it yet a Male Heir of the Crown is mightily desired and People would be very fond of him if they had one and seem to expect some better Proofs than meer Presumptions against him because common Fame has promised a great deal more and if you should either say nothing to it or not what is expected it would be a very plausible pretence for discontented People to quarrel 2. Suppose the Princess of Orange should aâ—pear to be the next Heir what if a Lady of her eminent Vertue should scruple to sit upon her Father's Throne while he lives Or what if she should scruple it hereafter and
place her Father in his Throne again This is not impossible for Vertue is greater than a Throne For my part I think you will put a very hard thing upon so excellent a Lady and I pray God give her Grace to resist the Temptation A Regency is more tolerable because a Nation must be governed and none so proper to govern it as the next Heir but I should think none who expect to wear a Crown should countenance Subjects in deposing their King nor accept of a Crown upon such Terms as to take it off of a Father's Head It is a dangerous thing for a Prince who has a Title to the Crown to own that the Crown may be forfeited or demised by such a withdrawing if this be not so the Princess has no Right to the possession of the Crown yet and if it be so her Crown is worth a great deal less than formerly it was especially if she own this Secret by accepting the Crown which her Ancestors always concealed and which the best Subjects of England would not believe before what they may do after this I know not Thirdly The next Design I verily believe without the knowledg or thought of the Prince who has too great a Mind to think of any thing which in the opinion of any wise Man could stain and fully his Glory is to give the Crown to the Prince of Orange for it must be a Gift if any thing for he has no immediate Title to it that I know of This is upon a pretence that the Government is dissolved and therefore we must begin de novo which is very ridiculous when the King is still alive and the Laws in as full force as ever only the Regular Administration of Government at present interrupted by the King's absence but this is not the worst of it for it is a dangerous pretence too especially to Men of Quality and Esâ—â—tes as you are for if the Government be dissolved our Laws are dissolved and Honour and Property dissolved with them and then I doubt the Mobile will come in for their share in the new Division of the Lands and set up for Men of as good Quality as any for if our Laws are gone we return to a state of Nature in which all Men are equal and all things common this I believe you will not be for for the Reason above-mentioned If then the Laws continue the Government is not dissolved and the Crown is not a Gift but an Inheritance still as much as your Estate is and then the Prince of Orange cannot have it in his own Right because his own Princess and the Princess Anne are before him consider then what the consequence of this Project would be 1. This alters the essential Constitution of the English Government by changing an Hereditary into an Elective Monarchy a thing which I know some Men are very fond of for then the next occasion they can find to quarrel with their Prince they may with as much ease turn it into a Common-Wealth for when the Crown is at the Peoples disposal they may if they please keep it to themselves 2. This will entangle all Men of Conscience in new Difficulties for the Oath of Allegiance does not only bind us to the King but to his Heirs and Successors which must be understood of the next lineal Heir where there is no Authority to alter it and whatever a Parliament may be thought to have with the Authority and Consent of the King no Man pretends that a Convention of the Estates has any Legal Authority to do it I should be as heartily glad as any Man to see the Prince of Orange legally seated on the English Throne but these are Difficulties I cannot break through Thus I have given you my hasty Thoughts and pray God to direct you I am Yours POSTSCRIPT THere is one thing more I would beg of you that the Story of French League to cut Protestants Throats in England maâ— be wâ—ll examined for this did more to drive the King out of the Nation than the Prince's Army and if this should prove a Sham as some who pretend to know say it is it seems at least to be half an Argument to invite the King back again In short remember you are a Convention not a Parliament and therefore nothing can give Authority to what you do but the good liking of the People and as Necessity only can justify your meeting without the King's Writs so I hope you will take care to do nothing but what will justify it self to God the King and your Country An ANSWER to the Author of the LETTER to a Member of the CONVENTION Reverend Sir YOur Name your Quality your Religion and your Design in Publishing this Letter are wholly unknown to me but the confident Assertion pag. 3.6.16 That you are sure it can never be Answered sounds so like a Son or rather a Father of the Infallible Church that it has provoked me if not to answer yet at least to reflect upon some Passages in this Magisterial Composure § 2. Whatever becomes of other Arguments Interest is most likely to prevail You Sir suppose your Parliament-Man in these words to be one who will regard no Arguments from Justice Reason Religion or the Laws of God or Man Interest is the only thing which is likely to prevail an excellent Complement to a Parliament-Man but it goes higher yet and takes in the Majority of the States for no one Man shall ever determine these great things § 3. You tell him That All the threatning Dangers of Popery were not a more formidable Prospect to considering Men than the present Distractions and Divisionâ— Now surely this is a very bold and daring stroke but that I am certain these pensive thoughtful Men are not either very numerous or very considerable otherwise the few of the Church of England that are over-thoughtful in this Point deserve much Compassion because they disquiet themselves and others out of pure tenderness of Conscience and an over-great Loyalty but then there is no danger to be apprehended from them and they will in time satisfy their own Scruples and in the interim I doubt not infinitely more Men dread the Dangers of Popery even to this Day than all the Common-wealth-Men Dissenters ambitious and revengeful Wretches which you have so artfully mustered up to fright the Country Esquire with can over-ballance Strange it is in the mean time that the Dangers of Popery which last October appeared so formidable should in so short a time vanish or rather dwindle into nothing But God by the Ministry of the Prince of Orange and his Friends has brought this about In the rest of that Section I agree with you and approve of it The two next Sections being only a representation of the different Parties of Men now upon the Stage I leave as I find them § 6. Though the Opinion of those who are for sending to the King and treating with him
to return to his Government under such legal Restraints as shall give security to the most jealous Persons for the preservation of their Laws Liberties and Religion iâ— horribly decryed c. yet the only Reason against it is because it is vain Now Sir that Reason is so very good that it may perhaps justily that dreadful Consequence you so shrink at for though I do not doubt but you are a wonderful Legislator yet if Twenty wiser Men than you were joined with you to frame these new Laws yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives and he will break through all your Restrictions with wonderful Facility as we have seen by Experience But then if you leave him the Name and take away the Power of a King you set up a Common-wealth immediately which will not end with your Popish Prince but there will be stickling to keep all things in the same State in the following Reign of what Religion soever the Prince is which was the Reason why the Limitations offered by Charles II. in 1679 were rejected And let it be remember'd also how well that Prince that was supposed to be a Protestant kept his Word and the Solemn League and Covenant which he solemnly with Hands and Eyes lifted up to Heaven swore to observe in Scotland c. Well but we would have thought our selves very secure if the King would hâ—ve called a Free Parliament Yes Sir if he would have call'd it Freely so that it had been the production of his Will without Force but Sir it is notorious he was resolved the Parliament should either not be free or not meet and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last in which the Author tells us That the summoning a Parliament 〈◊〉 is so far from being the only way to preseâ—ve His Majesty and the Kingdom that it will be one of the principal causes of much Misery to the Kingdom c. and nothing would do then but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say Sir If you cannot remember this you shall never be trusted to frame Laws if I can help it There is another and a better Reason to refuse a Treaty than the fearing the King should comply Suppose that he should grant all that you can ask bating White-Hall the Reveâ—â—e the Title of King and the Right of calling Parliaments and making Peace and War What Security have we that he will acquiesce in this low restrained Estate Oaths Laws and Promises we had before but what did they signify Who shall be Guarantee what shall we do if he break out again In short quis eustodiet Custodes So that the many who desire a Treaty are desired to read the Enquiry into the presenâ— State of Affairs that they may not come into the Discipline of the severe Lady who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with if God and H. W. P. O. had not saved us But if the Convention should refuse to treat and Depose the King it would act without a Legal Power § 8. Why Sir here is no occasion to talk of a Deposition the King is gone of his own accord freely and they are only to consider whether we shall perish in a State of Anarchy reâ—al him and suffer over again all that is past and all that was intended but prevented or whether they shall recognize the next immediate Heir and enquire who that is Well but the next Heir it seems shall have small joy of it his whole Authority depending on a Convention that has no Authority In good time Will the Authority of this Prince when acknowledged depend on the Authority of the Convention Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights But no Man will think himself bound in Conscience to obey this Heir Have you Sir the keeping of all Mens Consciences or the knowledg of their Thoughts I can assure you mine is not in your custody § 9. All those who think themselves bound still by their Oath of Allegiance to defend the King's Person his Crown and Dignity c. will be greatly discontented Why Sir then they may go over into France and be admitted into his Guards and perhaps the generous Allowance given him by the French King will maintain them if their Heresie do not over-ballance their Loyalty and turn it into a Crime as it happened to the Hâ—gonots Well but they will never own any other whilst their own King lives Assuredly this is a wonderful Man if he could but as certainly inform us of the number as he can of the Thoughts and future Actions of these Loyalist's Well but if they should happen to be Persons of known Prudence Abilities Integrity Honesty though they were never so few and never so tame it would give a terrible stroke to this Toâ—tâ—ring Government Why Sir all or the greatest part of such Men in the Nation were a dreadful Body tho they were and ever will be few but Sir there must be a considerable Body of such Men first satisfied in the Convention a number without Doors are already satisfied and more will when the States have passed their Resolves and the remainder of the Men of this High Character who will still remain Discontented if they are any thing Peaceable though not over Tame will never be able to shock the most Tâ—â—tering Government in the World by their Examples how well soever he thinks of them Yet § 10. He endeavours to shew the number will not be small because many who joyned with the Prince are ashamed of what they have done and ask God pardon for is and are ready â—o undo it as far as they can Well Sir how many such do you know besides your self A List of these Men were worth the having and may perhaps be easily taken if one knew how to separate them from the rest however I should not fear greatly the terrible Shock of these wonderful Men till I had better information of their Numbers than you can possibly give us They were not willing to part with the King tho they were horribly afraid of Popery Why Sir has the King changed his Religion in France or are those Gentlemen so fond of the King that they would now be contented to suffer all that Popery threatned so lately Or are they become as weary of their Delivery as they were before of Popery Or will they sacrifice their Laws Religion old Foundations and Free Parliaments to their Allegiance to their King If you say Yes I have done if no then you would have what was not to be had and will not be contented with what may be hâ—d and if the Number of these Men is great farewel
by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supream Power Real has a Right to Renew or bring back And the most ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a Series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so model'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King. There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husband's Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which witâ—out Flattery is agreed on by all Men. 3. It asserts the above-said Power in the Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Iews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the Hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Iephthah Samson and others were invested by Heaven with the Supreme Authority And though Ioshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Iordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any Influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood It looks like so many Marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these of your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertte as Rashness is a Vice. For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour
't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct SEVERAL QUERIES Relating to the present Proceedings in Parliament More especially recommended to the Consideration of the BISHOPS I. HOW the House of Commons can answer it to those People whom they Represent if now they have an Opportunity they do not settle the Government upon such a Foundation as will be likely not only to preserve the Nation from Foreign Enemies but also from falling into the like unhappy Circumstances which it is but just now escaped out of and which in a great measure have proceeded from a want of a right Settlement of Publick Affairs at the Restauration of King Charles the Second II. Whether this can be done without altering the Succession since the Birth of the Prince of Wales is not proved supposititious though perhaps no Body doubts but it is so And supposing it proved so Whether it would not be more feasible to make a President now than to try the Experiment first when the next Right of Succession is claimed by the Infanta of Spain or perhaps some Prince her Heir too strong to resist without the Assistance of the Prince of Orange especially if there happen to be such Divisions amongst Us as are at this Time III. Whether it can be immagined to be worth the Prince of Orange's while to leave Holland where he is the chief Man and become a Subject in England nay and have such an uncertain Interest in his stay here that if his Wives Life chance to drop perhaps he may be banished in a Years time and not have a Place as things may happen to put his Head in For his Interest in Holland must necessarily fall into other Hands And no Body knows what fallings out may happen betwixt Us and the Dutch or what other Contingencies may happen that may give cause of Disgust IV. Whether considering the present State of Affairs the Strength of the King of France and the Irish Rebellion to say nothing of the Effects which the Entreaties and subtile Insinuations of a Father must necessarily have upon any one that is good natur'd it be safe to trust the Administration of Affairs to a Woman though never so vertuous And whether we shall be able to protect our selves against all these formidable Enemies and bring things to a due Settlement without the Assistance of the Prince of Orange whose Foreign Alliances are such as we can never hope to obtain if we confer the Crown upon any other V. Whether it would be a greater real Kindness to the Princess of Orange to make her sole Queen after such a manner as she will be likely to be turned out again or to make her and her Husband joint King and Queen during their two Lives I say her Husband who is a Prince not only able to defend her and her Kingdom from all the Dangers that may happen but also to take all the Trouble which may occur in the Administration of Affairs off her Hands so that she will enjoy all the Pleasure of being Queen without any thing of Trouble And we may add to this that if it had not been for him she had never enjoyed the Crown nor the Nation their Freedom VI. Whether the Terms the Parliament shall make with one that can pretend no Right to the Crown but what they give him will not be more likely to be kept by him than by one that pretends a Title and will be flatterâ—d up both by Lawyers and Divines I mean the Scum of them with Notions of a Right jure Divino and a Prerogative which cannot be parted with or abolish'd though by the King's Consent or Act of Parliament VII Whether the House of Commons upon these Considerations and divers others too long to mention will not think it necessary that the Prince and Princess of Orange be crowned King and Queen for their two Lives And whether it can be imagined that the Commons should so far betray their Country as to recede from this Point so necessary for its Preservation notwithstanding all the Disturbances which the Bishops shall make in the House of Lords and though they do not meet with the Concurrence of that House so soon as in reason might be expected VIII Whether the House of Lords will suffer themselves any longer to be imposed upon by the Bishops in a thing that will be so injurious to the Nation as it will be not to comply with the House of Commons in this great Point which must necessarily put such a damp upon Trade that it will certainly be the Ruin of many hundreds of Families in the Nation whose dependance are upon Handy-Craft-Trades to say nothing of the Disadvantages which may accrue by such a Delay to the poor Protestants in Ireland and admitting they should whether the Circumstances of Affairs would not in a little time force them to a compliance with the House of Commons IX Whether the Prince of Orange will not shew himself one of the unkindest Men in the World if he doth not stick by these People till he seeth them secured that have ventured their Lives and Fortunes for Him and their Country in confidence of his Protection and whether he as Head of the Protestant Religion be not obliged to stand by the 48 Protestant Lords and House of Commons that have served their Country so faithfully X. Whether it would not be Prudence in the Bishops supposing their Designs be good as I would hope they are to shew their readiness to assist the Nobility and Gentry in carrying on this great Work whereby they might settle the Church upon the surest Foundation the Laws of God and of the Land and continue themselves in the Affections of the People XI Whether all the Protestant Blood which shall be spilt in Ireland by reason of these long Delays will not be justly laid at the Bishops doors if they proceed after the same manner they have begun And lastly To answer the great Objection that we shall lose the Kingdom of Scotland if we make the King Elective for this Turn Whether the Scots can chuse any body that will be more agreeable to their Interests than the Prince of Orange and supposing they can Whether it be not madness to imagine since they have a different Parliament different Laws and a different Original Contract so that the King may commit a Forfeiture there when he hath committed none here or a Forfeiture here when he hath committed none there that they will not place the Crown upon him without any respect to what is done here whether we make it a Forfeiture or only a bare Demise A Protestant Precedent offer'd to the Bishops for the Exclusion of K. James the Second IF Necessity which is a great Branch
of the Law of Nature did not press us at this time to come to some speedy and pertinent Determinations as to the business especially of settling the Government that Nicety which seems to be promoted and set afoot in all our Counsels might considering the Weightiness of the business in hand rather claim the just Commendation and Applauses of every good Man than as it seems now fall under their Censure and I may say Indignation If the matter debated were extraneous and the Kingdom within it self peaceably and firmly settled if the Circumstances of our Affairs were ordinary and usual and could admit of an unlimited time for their Decision if we were secure from injurious Resolutions of our Enemies abroad or from the private Machinations of disaffected Persons at home If these â—hings were so it were worthy the Wisdom of those who by their unseasonable Scruples so generally resolv'd against and now again by them started may seem either ignorant of the desperate languishing condition of these Kingdoms at present or prejudic'd and dis-affected to the Eâ—ace and Settlement of them for the future I say it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair before they made any Determination of the General As we all acknowledg the extraordinary Circumstances of this Juncture so they themselves have not been a little contributing to this happy Revolution The Prince's first Declaration tells us he had the Invitation of the Lords Spiritual and Temporal Was it Justice and agreeable to Conscience then to call for Foreign Arms to assist us against our own King in the recovery of those Rights Liberties and Properties which contrary to Law he had invaded and taken from us And is it now become a Scruple in those same Consciences to be confirm'd in those Rights c. by the same Arms and Power Is that pretended absolute unlimited Power which in their Prayers and Sermons they have so often nibbled at and endavoured to retrench now in its just Debasement become so Inviolable and Sacred that it must become a Point of Faith entirely to submit to it Has this small fit of Fear and Discouragement in our implacable Enemies so well secur'd us from any future Enchroachments that we need not be careful of any further Assurance Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd and the rest justly fear'd as to free them from all Apprehensions for the future What is it these Gentlemen would be at what do they fear Is it without Reason without Justice without Precedent that we desire to be everlastingly secur'd from Popery Slavery Not without Reason for when we have seen many of our fairest Branches lopp'd off many of our Liberties invaded many of our Laws perverted and the Axe at last laid to the Root of our Government 't is high time then I say to provide for our our Safety and to put a stop to that Current which would have quickly over-run and drowned us Not without Justice for where my Life and Property is hunted after and assaulted I may by the Law of God and Man â—epel the Injury and stand in my own Vindication Not without Precedent even in Protestant Kingdoms not to mention the Romanists who both teach and practise the Deposing of evil and wicked Magistrates and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent it may easily be prov'd that which hath been done of late in this Nation hath been in great part formerly presented and allowed of upon Foreign Stages yea and not many Years out of the Memory of some yet living if we would but look into the Actions of other Regions and those too wherein the Reform'd Religion is professed we shall find that they by their publick Records acknowledged that in case of Tyranny and Oppression it was lawful not only to defend their Lives and Liberties against all Assaults but reduce and declare the Persons so offending incapable of holding the Government A lively Example of this and almost exactly parallel with ours was the Case of Sigismond the Third Hereditary King of Sweden who by a Convention of the States of that Kingdom was Excluded even with his Heirs a Severity which both the Honourable Houses of Parliament here have with great Justice and Wisdom declined from that Crown for ever Some of the Articles drawn up against him were these First For swerving from their received Christian Religion as also from his Oath and Promise and Solemn Engagement made to his People at his Coronation to preserve their Rights and Priviledges as also their Holy Reform'd Religion Inviolated For departing the Country without the Consent and unwilling to the States and Orders of the Realm For exporting several Acts of great Concernment out of the Cancellarie For prosecuting such as would not embrace or favour the Romish Superstition For contemning and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm and the Establishment of the Protestant Reformed Religion For raising up what Enemies he could against his Native Country thereby to involve his Subjects in a Deluge of Blood which he intended and had almost effected For inhumanely designing and suborning Russians and Villains to Murder and Assassinate one of the chief Nobles for no other Reason but that out of Conscience and Duty he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these and many more Causes as the sending his Son out of the Land without the Consent of the States and causing him to be brought up and educated in the Romish Superstition did the Swedes submitting the same to the Judgment of all sincere and candid Arbitratours justify their Abdication for ever of King Sigismond the Third and his Heirs from the Crown of Sweden c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia vid. Spanheim 's Hist. of Sweden c. And in conclusion they pray for and doubt not of a candid Construction a benign and favourable Acceptation from all Christian Emperors Kings Princes States c. of this their Legitimate Defence and to vindicate them and their most equal Cause from all Calumny or eâ—il Interpretation whatsoever The Circumstances relating to this present Juncture in England bear so near a resemblance almost in all these Grievances objected against the said Sigismond that our late King by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to have breath'd his Soul rather than to have copy'd after him though indeed in some Cases he has plainly out-done the Original especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden I cannot apprehend how it can lessen our Judgments or Integrity our Piety or our Loyalty to follow the Example of the Swedes excepting
to name no other A fifth is the last Appeal Now let but the Power of the Militia and choosing Magistrates be laid where Legislation is and we shall be fundamentally delivered from all Slavery for ever in the Nation If we be enslaved or oppressed by any Prince for the time to come it must be either by Force or by Injustice We cannot be oppressed by Force because no Forces then can be raised by Him but by a Parliament He cannot rule by an Army or by Violence for the Militia is in the Lords and Commons as well as in Him and they will not let him do so We cannot be oppressed with Injustice for the Iudges and Officers entrusted with the Execution of Iustice shall be chosen also by them and they will look to that It is true while no Parliament sits the King by Virtue of the Executive Power lying in him may raise Arms and put in Officers and Magistrates as there iâ— need but both these are to be done under the Controul of the next Parliament which are therefore to sit often by ancient Statutes there being no War to be levied nor Magistrates confirmed without their Approbation Let us remember the State we are in a State that puts the Supream Power in the Hands of the People to place it as they will and therefore to bound and limit it as they see fit for the publick Utility and if they do it not now the Ages to come will have occasion to blame them for ever When the Supream Power is upon the disposing if they do not take this Item as part of their proper Work To bind the Descent of it to a Protestant I shall blame them But I shall do so much more if after the Danger we have been in of Arbitrary Domination and Popery by the King 's raising Arms and putting Judges in and out at his Pleasure they do not take more care of the Supream Power to lay it and its Rights better together Especially seeing nothing can indeed be that in Nature which it is without its Properties This is uniform I must persist to the Nature of Government that where the Supream Authority is there must be its Prerogatives and where the chief or principal Rights of it is there should all the rest which depend upon and belong to it be placed also Where Legislation is lodged there should the Militia there should the Power of making Judges to name nothing more than serves my turn be lodged also It is this hath been the great Declension Fault or Defect of our English Common-Wealth that the People have suffered these Rights of Soveraignty to come to be divided arising we must conceive from the Administration that is Male-Administration as appears for Example in the Militia which upon the fresh coming in of the late King was in two or three hot Acts declared now and ever to have been in the King when both the Assertion was gross Flattery and such Acts void as fundamentally repugnant to the Constitution There is one Difficulty to be thought on and that is the Negative Voice of the Prince in his Parliament The Lords and Commons may agree upon some Law for the publick Benefit and the King alone may refuse to pass it If he be obstinate this is a great Evil and might really make one think it would be better therefore for the preventing this Inconvâ—nience to place the Supream Power in Lords and Commons only without a Controler Unto which may be added the Power of Calling and Dissolving Parliaments at pleasure by virtue whereof our Kings hitherto have pretended a Power predominant over them But forasmuch as these Prerogatives may be disputed and the Negative Voice hath been deny'd by many Judicious Men who have pleaded the Obligation of former Princes to confirm those Laws quas vulgus elegerit it is to be hoped that the Wisdom of the Nation will be able to find out some Expedient or Salve for this Difficulty and for more than that also so long as they have the Golden Opportunity to bring a Crown in one Hand with their Terms or Conditions in the other As for the several Grievances that need Redress and many good Things that are wanting to compleat the Happiness of our Kingdom there may be some Foundation laid happily or Preparations made in order thereunto by this Convention but as belonging to the Administration and being Matters of long Debate they are the Work more properly of an ensuing Parliament Only let not the Members of this present Great Assembly forget that they having so unlimited a Power and the Nation such an Opportunity which as the Secular Games they are never like to see but once they are more strictly therefore bound in Conscience and in Duty to their Country to neglect no kind of thing which they judg absolutely necessary to the publick Good. I care not if I commend three or four such Particulars against the time to Consultation which shall be these A Regulation of Westminster-Hall A Provision against buying or selling of Offices A Register of Estates A Freedom from Persecution by a Bill for Comprehension and Indulgence in the business of Religion A Redemption of the Chimny Mony which bringing the King to be Lord of every Man's House is against Property and an over-Ballance in the Revenue is against the Interest of the Nation THE Breviate bing ended we cannot but reflect upon the King there being so much Concern in the Minds of many about their Allegiance to Him though He be gone But such Persons as these should look a little more to the Bottom That a People is not made for the King but the King for the Peole And though He be greater than them in some Respects yet quoad finem the People are always greater than Him That is If the Good of the one and the other stand in Competition there is no Comparison but a Nation is to be preferr'd before one Man. As appears by the Opinion of King Iames the First hereto annexed If the Being of them be inconsistent one with another there is no doubt but it is better that a King cease than that a whole Nation should perish And upon such a Supposition as this all Obligation as to Duty must cease likewise There are some tacit Conditions in all Oaths as the best Casuists tell us such as Rebus sic stantibus for one that we must steer our Consciences by in these Cases He is the Minister of God for our Good says the Scripture And if any Prince therefore be under those Circumstances as that it cannot be for the Peoples Good that he should rule over them we do look upon such a Ruler to be bound in Conscience to give up his Government as being no Minister of God upon that Account And so having no Authority from God for that Office the Peoples Obligation to be subject to Him is at an end with it If they obey him longer it is for Wrath not for
Conscience sake If his Majesty now of Great Britain out of some deep Sense that he being a Roman Catholick cannot rule and be true to his Religion which he may suppose does oblige him to an Establishment thereof by all the ways and means of his Church though never so destructive to ours but it will be to the Hurt not Good of us who are Protestants hath been pleased to withdraw himself from his Government to make us more quiet and happy We are in all Gratitude to acknowledg his Piety Goodness and Condescention to be so much as very few of his Subjects could ever have suspected But if it be out of another Mind he hath done it We have still more Reason to bless Almighty God who does often serve his Providence by Mens Improvidence and cutting off Mens Ends from their Means he uses their Means to his own Ends when he is pleased to work Deliverance for a People as he hath at this Season so graciously and wonderfully done for Us that there is nothing more needful even to the most scrupulous Conscience than an humble and awful Acquiescence in the Divine Counsel to give Satisfaction in this Matter King IAMES the First his Opinion of a KING of a TYRANT and of the English Laws Rights and Priviledges In two Speeches The First to the Parliament 1603 the Second 1609. In his Speech to the Parliament 1603 he expresseth himself thus I Do acknowledg that the special and greatest Point of difference that is betwixt a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites The Righteous and Iust King doth by the contrary acknowledg himself to be Ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal worldly Felicity must consist in their Prosperity If you be Rich I cannot be Poor if you be Happy I cannot but be Fortunate And I protest your Welfare shall ever be my greatest Care and Contentment And that I am a Servant it is most true that as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body then as the Head is ordained for the Body aâ—d not the Body for the Head so must a Righteous King know himself to be ordained for his People and not his People for Him. Wherefore I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-Wealth and ever think the Prosperity thereof to be my greatest Felilicity c. In his Speech to the Parliament March 21. 1609 he expresseth himself thus IN these our Times we are to distinguish betwixt the State of Kings in the first Original and between the State of settled Kings and Monarchs that do at this Time Govern in Civil Kingdoms For even as God during the Time of the Old Testament spake by Oracles and wrought by Miracles yet how soon it pleased him to settle a Church which was Bought and Redeemed by the Blood of his only Son Christ then was there a Cessation of both He ever after governing his Church and People within the Limits of his revealed Will. So in the first Original of Kings whereof some had their beginning by Conquest and some by Election of the People their Wills at that Time served for a Law yet how soon Kingdoms began to be settled in Civility and Policy then did Kings set down their Minds by Laws which are properly made by the King only but at the Rogation of the People the King 's Grant being obtained thereunto and so the King came to be Lex loquens a speaking Law after a sort binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom Tacitly as by being a King and so bound to protect as well the People as the Laws of his Kingdom and expresly by his Oath at his Coronation So as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto according to that Paction which God made with Noah after the Deluge Hereafter Seed-time and Harvest Summer and Winter Cold and Heat Day and Night shall not cease so long as the Earth remains And â—herefore a King Governing in a settled Kingdom leaves to be a King and degenerâ—tes into a Tyrant as soon as he leaves off to rule according to his Laws In which Case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon Either Govern according to your Law aut ne Rex â—is or cease to be King and tho no Christian Man ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunished when they transgress these Limits For in that same Psalm where God saith to Kings Vos Dii estis Ye are Gods He immediately thereafter conclude But ye shall die like Men The higher we are placed the greater shall our Fall be Vt casus sic dolor as the Fall so the Griâ—f the taller the Trees be the more in danger of the Wind and the Tempest beats sorest upon the highest Mountains Therefore all Kings that are no Tyrants or Perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers and Pests both against them and the Common-Wealth For it is a great difference betwixt a King's Government in a settled Estate and what Kings in their Original Power might do in Individio vago As for my part I thank God I have ever given good proof that I never had Intention to the contrary And I am sure to go to my Grave with that Reputation and Comfort That never King was in all his Time more careful to have his Laws duly observed and himself to govern thereafter than I. That Just Kings will ever be willing to declare what they will do if they will not incur the Curse of God. I will not be content that my Power be disputed upon but I shall ever be willing to make the Reason appear of all my Doings and rule my Actions according to the Laws And afterwards speaking of the Common Law of England which some conceived he contemned saith to this purpose That as a King he had least cause of any Man to dislike the Common Law for no Law can be more favourable or advantageous for a King and extendeth further his Prerogative than it doth and for a King of England to despise the Common Law is to neglect his own Crown It is true that no Kingdom in the World but every one of them hath their own Municipal Laws agreeable to their Customs as this Kingdom hath the Common Law. Nay I am so far from disallowing the Common
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
when they might effect a Treaty in all probability with little or no Bloodshed by joining with a Prince of their own Interest who perhaps can shew more just Causes of a War than one Diss. I must confess what you have said seems to carry a great deal of Reason and Moderation with it which I must allow Ch. Let but a moderate Papist lend me one grain of his own Principles and I am confident he cannot but be of my Mind for may we but modestly measure the King 's future Proceedings had we trusted him with Victory by those we had already seen how dismal would the Prospect be Should we but recollect how barefacedly he has been striking at the Northern Heresy ever since the Oxford Parliament what Mercy could we expect How far some of the Protestant Nobility were engaged in an Association to assert their Rights I shall not here pretend to determine but this we may modestly presume That all their Crimes were seen through a Popish Magnifying-Glass and no Artifice neglected to ruine them An ingenious Gentleman was deservedly applauded for his Rhetorical Colours in the Narrative of that Conspiracy and I was well pleased with a Gentleman's Fancy who imagined another Interest would now engage him to atone for his unhappy Continuance in the High-Commission Court by Writing what he observed of the Popish Designs during his stay there Another eminent Instance of those Violences which were Encouraged above was the Presenting Two and fifty Persons in the County of Northampton as disaffected to the Government and branding them with all the Scandals imaginable many of which I personally know to be as Faithful to the Crown and in all Respects as honest and worthy Gentlemen as any in the Kingdom But to come nearer the Present Conjuncture how were our Law Properties and all prostituted by a few Dispensing Gentlemen some of them perfectly incapable of any Place of Trust and all of suspected Integrity How surprizing was it to see persons of the most contemptible Character placed among our Bishops and all the sacred Authority lodged in a Court which was erected against an express Act of Parliament What a Riddle was it that our learned Prelates hitherto the great Supporters of the Crown should be Imprisoned for acting according to their Consciences in refusing to Read that which pretended to establish the greatest Liberty of Conscience Could any one that saw Six hundred Scholars up in Arms and chearfully demonstrating their Loyalty in the Western Rebellion ever think to see the Fellows of Magdalen Colledg ingratefully turned out like Dogs and perhaps one of the finest Foundations in Europe become a Kennel for Miscreants who were more unworthy to be Members of an University upon the account of their Insufficiency than they were incapable of it by Law It seem'd almost a Jest to me to see in Christ-Church persons of that eminent Character and Learning superintended by a Wretch not fit for common Converse In which Society there is a Person in whom the Gentleman and the Scholar do very eminently meet and who for his happy Conduct and great Care to maintain the Repute of that Colledg during these Violences has certainly now all the Title to the Deanry that either merit or the common Rules of Gratitude can afford him But to proceed I say to see how all Freedom of Elections to Parliament was in a manner taken away how the Poll at Northampton was like to be Regulated by Powder and Bullet and the whole Government managed by Father Petre Pen Lob and a few more such mercenary Wretches and all this to introduce a Religion contrary to Scripture and destructive of all Society for which we expected great things would have been said while the Asserters of it had Command of the Press and the Countenance of a Prince yet nothing was produced but Fallacy and Nonsense These I say not to mention the subverting Succession a League with France and those horrid Murthers laid to the Court are Provocations too great even for Primitive Obedience But seeing these Violences have in all probability found their period and the Betrayers of God and their Country are now coming to Answer for themselves I shall leave further Reflections to a free and unbyass'd Parliament Diss. Ay but what was it that encouraged these Violences Was it not your unseasonable Zeal for an unlimited Obedience your Oxford Decree and such like Monuments of the Heats of that Age Ch. Why to tell you sincerely my Opinion in the Case I am perswaded there were Two Parties in the Nation undermining the Government the one by more secret and mysterious Methods endeavoured to introduce Popery the other by more evident and bare-faced Proceedings attempted the Extirpation of Monarchy Therefore the Generality of the Churchmen being more sensible of the Designs of the latter endeavoured to stand like Moses in the Gap with those you term unseasonable Doctrines which I also take to be the Occasion of the Oxford Decree for though in my own private Opinion I never approv'd of it but wished it might have perish'd in the same Rogus with the Books it condemned yet I am so well satisfied of the Learning and Integrity of those worthy Gentlemen who were chiefly concerned in it that I do really believe it was only promoted for the Preservation of the Government Diss. Ay you Churchmen have such a way of Respecting one another that you had like to have fooled us and your selves out of all neither could I ever find you were sensible of the approaching Calamities till Oppression touch'd your own Copy-holds Ch. What you object to us in this Case seems to redound to our greatest Honour for by our Principles we had always such a Reverence for Monarchy that we were willing to connive at the failings of a Prince as long as we could but having our Rights established by Law we knew when we came to be oppress'd The very Foundations of our Government were assaulted and so we were forced to make Enquiry into our Constitutions Diss. So then at length you will acknowledg the Prince of Orange not only to be a great but a just Deliverer Ch. Since I have been better acquainted with the horrid Designs of our Adversaries and found the Contest to be only between Papist and Protestant I am not only highly sensible of the Prince's Generosity but have inserted the Justice of his Cause from the marvellous Providences when have wrought his Success It is certainly part of his Character that as his first Pretences were modest so Fortune has not tempted him to exceed them and we have still all the Reason in the World to imagine that he only generously designed to relieve us from Oppression without any sinister Intent of making himself Great The Noble Cause he has undertaken is the Protestant Interest and I doubt not but the Lord of Hosts will fight his Battels Indeed the Success of this his first Enterprize has been so wonderful and surprizing that
at any time it may serve his Purpose from whose Hands a Soveraign Prince an Uncle and a Father could meet with no better Entertainment However the sense of these Indignities and the just Apprehension of further Attempts against Our Person by them who already endeavoured to murther Our Reputation by infamous Calumnies as if We had been capable of supposing a Prince of Wales which was incomparably more injurious than the destroying of Our Person it Self together with a serious Reflection on a Saying of Our Royal Father of blessed Memory when He was in the like Circumstances That there is little distance between the Prisons and the Graves of Princes which afterwards proved too true in His Case could not but persuade Us to make use of that which the Law of Nature gives to the meanest of Our Subjects of freeing Our selves by all means possible from that unjust Confinement and Restraint And this We did not more for the Security of our own Person then that thereby We might be in a better Capacity of transacting and providing for every thing that may contribute to the Peace and Settlement of Our Kingdoms For as on the one hand no change of Fortune shall ever make Us forget Our Selves so far as to condescend to any thing unbecoming that High and Royal Station in which God Almighty by Right of Succession has placed Us So on the other hand neither the Provocation or Ingratitude of Our own Subjâ—cts nor any other Consideration whatsoever shall ever prevail with Us to make the least step contrary to the true Interest of the English Nation which We ever did and ever must look upon as Our own Our Will and Pleasure thereof is That you of Our Privy Councel take the most effectual care to make these Our Gratious Intentions known to the Lords Spiritual and Temporal in and about Our Cities of London and Westminster to the Lord Mayor and Commons of our City of London and to all Our Subjects in general and to assure them that We desire nothing more than to return and hold a Free Parliament wherein We may have the best Opportunity of undeceiving Our People and shewing the Sincerity of those Protestations We have often made of the preserving the Liberties and Properties of Our Subjects and the Protestant Religion more especially the Church of England as by Law establish'd with such Indulgence for those that dissent from Her as We have always thought Our selves in Justice and Care of the general Welfare of Our People bound to procure for them And in the mean time You of Our Privy Councel who can judg better by being upon the place are to send Us your Advice what is fit to be done by Us towards Our returning and the accomplishing those good Ends. And We do require you in Our Name and by Our Authority to endeavour so to suppress all Tumults and Disorders that the Nation in general and every one of Our Subjects in particular may not receive the least Prejudice from the present Distractions that is possible So not doubting of your Dutiful Obedience to these Our Royal Commands We bid you heartily Farewel Given at St. Germans on Laye the 4 4 Ianuary 1688 9. And of Our Reign the fourth Year By his Majesties Command MELFORT Directed thus To the Lords and Others of our Privy Councel of Our Kingdom of England Some Remarks on the late Kings pretended Letter to the LORDS and Others of his Privy Council IT begins thus My Lords When we saw that it was no longer safe for us to remain within our Kingdom of England c. His Majesty would have given great Satisfaction to the World in discovering where the Danger lay in tarrying here from whom and for what cause He is pleased to say farther We now think fit to let you know that though it has been our constant care since our first Accession to the Crown to govern our People with that Iustice and Moderation as to give if possible no occasion of Complaint c. I do not understand why his Majesty would not let us know these his Gracious Intentions before when they might have done Himself and Us Good. But quid verba audiam cum facta videam to what purpose are Words when we see Facts And as to his Moderation I appeal to the Pope himself or the French King who chiefly blame him for his Rashness and want of Temper and as for his Justice among a thousand publick Instances to the contrary he should remember his discountenancing and turning out of their Employments all such as would not enter into his Idolatrous Worship and comply with his illegal and arbitrary Designs Besides what Justice can Hereticks expect from a Prince who is not only a Papist but wholly devoted to the Order of the Jesuits and values himself for being a Member of those Reverend Cut-throats Yet more particularly upon the late Invasion seeing how the Design was laid and fearing that our People who could not be destroyed but by themselves The Design was to preserve the Nation from falling under the cruel Dominion of the French and to keep our selves from being dragg'd by the Hair of the Head to Mass and from undergoing all those Miseries which those of the same Religion and for the same Cause have endured now lately in France and Savoy To prevent so great a Mischief that is to say destroying our selves and to take away not only all just Causes but even Pretences of Discontent We freely and of our own accord redrest all those things that were set forth as the Causes of that Invasion I appeal to the common Faith of Mankind touching the Insinserity of these Words whether if this Invasion had not been these and worse Grievances had not followed And that we might be informed by the Counsel and Advice of our Subjects themselves which way we might give them a further and full Satisfaction We resolved to meet them in a Free Parliament c. The late Kings of England have been as desirous of a Parliament as Popes of a Free and General Council there being nothing they have more studiously avoided and greatlier feared But the Prince of Orange seeing all the Ends of his Declaration answered the People beginning to be undeceived and returning apace to their ancient Duty and Allegiance resolved by all possible means to prevent the meeting of the Parliament c. How far the Prince of Orange has been from preventing the meeting of a Parliament we need only consult our senses The hurrying us under a Guard from our City of London whose returning Loyalty we could no longer trust and the other Indignities we suffered in the Person of the Earl of Feversham when sent to him by us and in that barbarous Confinement of our own Person we shall not here repeat Do's any Man think the Prince of Orange would have had the same gentle Treatment from the King had he been in like manner under his Power And as to the
is evident no Man can serve two Masters Secondly It 's highly necessary and prudent rather to vest the Administration in the Husband than in the Wife 1. Because a Man by Nature Education and Experience is generally rendred more capable to Govern than the Woman Therefore 2. the Husband ought rather to Rule the Wife than the Wife the Husband especially considering the Vow in Matrimony 3. The Prince of Orange is not more proper to Govern as he 's Man and Husband only but as he is a Man a Husband and a Prince of known Honour profound Wisdom undaunted Courage and incomparable Merit as he 's a Person that 's naturally inclin'd to be Just Merciful and Peaceable and to do all Publick Acts of Generosity for the Advancement of the Interest and Happiness of Humane Societies and therefore most fit under Heaven to have the solâ— Executive Power A LORD'S Speech Without Doors To the Lords upon the present Condition of the Government My Lords PRay give me leave to cast in my Mite at this time upon this great Debate and though it be with an entire dissent to some Leading Lords to whom I bear great reverence it is according to my Conscience and that is the Rule of every honest Man's Actions My Lords I cannot forbear thinking that a greater Reproach can hardly come upon any People than is like to fall upon us Protestants for this unpresidented usage of our poor King We feared the security of our Religion because of Him and are now like to Violate a great part of it by forfeiting our Loyalty towards Him Religion is the Pretence but some fear a New Master is the Thing This I take to have been to Business of to Day for notwithstanding we see how feeble a thing Popery is in England that it is beaten without Blows and routed so effectually that it can never hope nor we justly fear it should return upon us and consequently our Religion pretty secure yet I don't see that this satisfies us unless the King goes also He must be turned away and the Crown change its Head for if the Crown be not the Quarrel more than Property and his Majesty's Person than his Religion Why did not the Prince stop when he heard a Free Parliament was calling by the King's Writs where all Matters especially that of the Prince of Wales might have been considered or at least where his Majesties Commissioners of Peace met â—im Who advised him â—o adâ—ance and give his Majesty that apprehension of â—is own insecurity and if any thing but a Crown would have served him Why was a Noble Peer of this House clapt up at Winsor when his Majesty sent him on purpose to invite the Prince to St. Iames's a Message that affected all good Mens Hearts more then any thing but his Majesty's return it look'd so Natural and Peaceable But it seems as if it had been therefore affronted for the Invitation could not have been received without the King 's remaining King and who was there that did not lately say it should be so I and who is there now that does not see it is not so We can my Lords no longer doubt of this if we will remember that the same Night the Prince should have answered his Majesty's kind Message The King's Guards were changed and at midnight the Prince's Guards were clapt upon hiâ— Majesty's Person and which is yet more extravagant to accomplish the business Three noble Lords in view were sent to let him know It was not for his safety or the Princes honour that he should stay in his own Palace A strange way my Lords of treating ones own King in his own House I cannot comprehend how it was for the Prince's Honour the King should go against his Will or how it was against his Honour that his Majesty should be safe in his own House I leave it with your Lordships to think who could render the King's stay unsafe at White-hall after the Dutch Guards were posted there My Lords this I confess is the great Iniquity that sticks with me and deserves our severest Scrutiny and Reflection that after driving our King away we should offer to â—ddress our selves to any Body to take the Government as if he had formally disserted it It becomes us rather to ask Where the King is how he came to go and who sent him away I take the Honour of the Peâ—rage of England to be deeply ingaged both at Home and Abroad to search but this Minor and especially those who are now present most of whom owe their share iâ— thâ—t noble Order to his Majesty his Brother Father or Grandfather It is not unreasonable to believe the King had not gone at first but upon some Messagâ— sent and Letters received to take care of his Person for that nothing less than the Crown was intended but being not out of his own Territories and therefore no Dissertion Abdication or Remise as the Criticks of the Conjuncture we are under pretend for the King may be where â—e will in his own Kingdom we â—ee while it was in his choice to go he returned and by as good as our advise too so that we cannot in truth say his Dissertion is the cause for it is plainly the Effect of our late extraordinary proceedings If any should say He needed not have gone now it is a great mistake for â— King ought to go if he cannot stay a King in his own Kingdom which Force refused to let him be And to stay a Subject to another Authority had been a meaner forfeiture of his Right then can in justice be charged upon his Retirement Wherefore his going must and will lie at their Doors that set him an hour to be gone out of his own Palace Many are angry and yet pleased that he is gone for France but where my Lords should he go Flanders dared not receive him Holland you could not think he should go to and Ireland you would have liked less and when we consider how far a League with France has been made the cause of his Misfortune though to this day it is in the Clouds what other Prince had the same Obligation to receive and succor him Therefore whatever Arts are used to blacken his Retreat we cannot with any shew of Reason imagine that he could think himself safe with us that had exercised Soveraign Power without him our Soveraign Lord and under the protection of a Forraign Prince and his Army though at the same time we had Sworn Allegiance to him and that it was unlawful for us to take up Arms against him under any Pretence whatever My Lords if this be not virtually and in effect to pull the Crown off his Head and dethrone him unheard I am to learn my Alphabet again This is short warning to give Kings for us at least my Lords that boast of Loyalty and were brought to these Seats by the favour of the Crown What can other Nations think of the Nobility of
this if we come not to a juster temper God defend us and our Children after us from the ill Consequences of what has been done and prevent the rest Had we imbraced the happy Providence of his Majestyes return we might have improved it that the Children unborn should have blessed us Then we had reformed safely for by joyning Title to our Actions we had made them legal This we should have had from his Majesty or a plain denial which would in some measure have excused so rare and unusual an Enterprise Nor can I comprehend which way it is possible to guard the Prince's Honour but by doing his Majesty Rights for your Lordships may please to remember that in the Memorial of the States that was printed among us which they gave to all the publick Ministers at the Hague to justify their lending the Prince their Forces upon this Expedition they do expresly say It was upon condition not to dethrone the King or alter the Succession and in my Opinion we are in the high way to both My Lords we are Protestant Christians as well as Peers of the Realm and are now upon our Religion and Conscience as well as Honour to do right Let us so act as we can answer it to God and Man and not stumble at Straws and leap over Blocks Errors cannot be corrected by committing greater nor one part of the Government be mended by beating out another to do it I need not tell your Lordships that by our Laws Kings cannot err and therefore they are not accountable but their Ministers are without whom a King cannot perform any Act of Government which is the reason of the Maxim and therefore let them be punished that the Law only makes guilty This our wise Ancestors contrived to save the Head of the Government whole and to prevent the Confusion and Disorder that might otherwise be apt to attend the Form of it nor is it indeed a thing that ought to be indured by us Peers to suppose that he that raised us so high could be for any Reason thrown by us so low My Lords Let us limit the King if you please but not renounce Him there is a difference between restraining and destroying Him. What need of such extraordinary Remedies since that which secures the Government under one King will do it under another Popery it self can never come in but over the Bridg of Despotick or Absolute Power and if we can secure our selves from that we are as safe against Opinion as against Ambition and till we are so by an Amendment of our Constitution we are exposed to the meer good Nature of the Prince in Possession whoâ—ver he be And to render what I have said to your Lordâ—hips not unreasonable and what I have to move your Lâ—rdships to in the close of my Speech not ungrateful â— beseech your Lordships that we may cast up our Account â—nd see how our Loss and Gain stands so far as we have gone in our late Change. â—e have lost a lawful King and got an unlawful Protector as our Law stands we have missed a Legal and a Free Parliament and have got a Convention that cannot make Laws nor call a Parliament that can but what will need a Confirmation from a better Authority We have lost the Reputation of keeping our Faith with Hereticks by breaking our solemn Oaths with our King in the time of his Extremity because we thought him such though he gave us leave to lay down our Commissions that we might not have the Temptation or occasion to betray Him But we have got the Reputation of good Protestants by it though I fear not of good Men in that some of us have not only not shown our selves religiously concerned for our Religion but in some respect not honestly that besides a thousand personal Immoralities could press Advance Mony from the King over-night to bear the charges of disserting Him next day against our warm and repeated Vows to take his Fate and dâ—e at his Feet and that any of us should be sainted for this Treachery and numbred among the Heroeâ— for our running away cannot surely be the Lords doing let Dr. Burnet say what he will and yet it is very marvellous in some Mens Eyes for all that These are the Sparks my Lords that hunt the poor Kings Blood though we know they had hardly had any in their Veins but for his Bounty and yet are the Favorites of the Reformation For Christ's sake my Lords let us not at this rate christan Villany and rank Dishonesty among the Graces Popery it self could not have done more and it is certain we are even with the Papists now to all Intents and Purposes This is not all our Loss we have rebelled against the fifth Commandment also Honour thy Father and though we have got that of leaving Father for the sake of Religion we could have but little Religion to do it in such a manner to so affectionate a Father nor did it lessen the Error to have a Church of England Apostle to be Captain of her Life-Guard in his blew Coat and Iack-Boots and an arrant temporaâ— Sword in his Hand to defend natural Affection and passive Obedience This was an odd sort of Compliance with our Saviour's Command to put up his Sword as one of St. Peters Successors My Lords I mâ—st not stop here we thought we had been rid of 〈◊〉 Souldiers but find we have got as many Papists in our Dutch we had in our English Army Now it is plain that either all â—â—pists are not alike and then the Danger we have apprehended from Papists is not universal as we have affirmed but that they are to be lived with since we are to be saved and guarded from the Danger of Popery by them or we have ill luck to think we can be safe from that Religion by those that are of it because they are Dutch-men My Lords I am sorry we can take such Pleasure to see Strangers tread our Courts pray God it does not show the way to other Countries to take their turns But that a Dutch Papist should be so harmless a thing with us that though no Papists could be so shows our Contradictions to a Madness I know not how well our Souldiers like to give way to Dutch-Men that though they had purchased a Preferance to Strangers at a dear rate but it is the justest thing in the World upon them that the Prince should distrust those to guard him that had betrayed their own Master that loved them to a fault they may serve to be sent for Holland to be knookt on the Head in the Dutch-mans quarrel but never to be trusted at home though they have given up their Quarters with their King to Foreigners so that the Proverb is true upon them they have hereby brought their Noble to Nine-pence Yet to be just I must confess it is a Reproach due to their Officers and not all of them neither and time may give
those the Opportunity to retrieve the Credit they have lost by other Mens Faults We were also very apprehensive of the ill Consequences of the dispensing Power especially in the case of Sr. Edward Hales but it seems the Common Council of London are forbid to take the usual Oaths and yet required to act which is an unqualified Capacity We were in hopes we had lost a rude Army but we have found a ruder twenty places cry out of them and Kingstone certainly with great Justice that in two Nights time was two hundred Pounds the worse for them And for Closseting we have got Questioning that they that won't enter into Associations to protect the Prince of Orange without one of our King is to have no Imployment so that if the Prince should take the Crown I am bound to defend him against my own King and my sworn Allegiance though he come in the right of his Crown Believe me my Lords it is the boldest bid that ever Men made I see Forty one was a Fool to Eighty eight and that we Church of England Protestants shall cancel all the Merits of our Fathers overthrow the Ground and Consequence of their most exemplary Loyalty to King Charles the first and second render their Death the Death of Fools trample their Memories and Blood under our Feet subject our selves to the just Reproach of the Phanaticks whose Principles and Practices we have outdone even to that King that we forced upon them and by our Example had brought them to live well withal God help us this my Lords makes me say that either we must turn from being Church-of England-Men or steer another course for it is but too plain that Presbytery is leading us out of our ancient way and whether we believe it or no our Church sinks and will more for that is the Interest that suits best with a Dutch Humour and Conjunction and be sure if we are so base to leave our King God will be so just as to leave us and here my Lords I shall leave you with this humble motion that we make an humble Address to his Majesty to return home to us that we may act securely and not go out of the good old way which may intail Misery upon us and our Posterity I should think we have had enough of sending our Princes abroad in that much of the Inconveniency we have lain under since their Restoration has been chiefly owing to it We have driven him where we would not have him go and do what we can to provoke that League we have been afraid of and made a great part of the reason of this strange Alteration in the Kingdom Some tell us it is too late but I cannot comprehend the good sence of such an Objection Is it at any time too late for a King and his People to agree after bloody Battels it has not been thought so in all times and Nations and why it may not be without them I never heard a good reason yet If his going was unreasonable it has hurt him more than us since we may thence hope for the better terms if it was not a Fault to go it will be a great one in us if we can have him home upon good terms and will not for if I may with leave speak it his return is as much our Conveniency as his Advantage The offensive part of Him is gone that is to say the Power of Popery and what remains is our great Interest to keep and improve to our own Benefit and Safety I mean my Lords His undoubted Title and Kingship And whatever some hot Men say that are more governed by private Avarice and Revenge then the publick Good of these Kingdoms I cannot but renew my motion to your Lordships that we may send a Duke an Earl a Viscount and a Baron and two Spiritual Lords to invite his Majesty home upon the Constitution of the Government And my Lords forgive me if I say that if we can but get our Iuries Sheriffs Iudges High Courts of Chancery and Parliaments setled as they ought to be the Army at least reduced the Militia better regulated and a due Liberty of Conscience established to all Protestant Dissenters and so far to Papists only as the Law against Conventicles does admit we may yet be happy and upon these terms my Lords and no other will his Highness the Prince of Orange become truly meritorious with the English Nation Reflections on a Paper called a LORD'S Speech without Doors THIS Noble Lord would have done ingenuously in letting the World know his Name and whether he be a Lord or not for one cannot gather it from his Liberality of casting in a mite at this time when mean People such as Trades-men have more generosity and effectually contributed to the publick Peace and Honour of the Nation And as to his dissenting to some leading Lords on the account of Conscience we are in the dark as to what sort of Conscience his is whether Papist or Phanatick Conscience or indeed whether it be any Conscience at all which makes him differ from some leading Lords for the making of Speeches within or without Doors is no infallible Mark of either But he says He cannot forbear thinking that a greater Reproach can hardly come upon a People than is like to fall on us Protestants Ah good Soul what 's the matter Are the Protestants at length found to be the Firers of â—heir own City or Sr. Edm-B Godfrey and the Earl of Essex's Murtherers c. Why no O it s this unpresidented Vsage of our poor King. A good tender-hearted Jesuit I 'le warrant thee that has entred with Campian into an Holy League and Covenant to destroy all Protestant Kings and Princes unless they become as bigotted to the Society as the poor King was But let me take the Boldness to ask your Honour one Question Is there no time when compassion is due to the Country Religion is the Pretence but some fear a new Master is the thing And is it any wonder if a new Master be desired when the old one will not let me serve him but will destroy me and perhaps himself too this being a clear case and evident to all Orders and Degrees of Men among us We see how feeble a thing Popery is in England and it is I do not doubt your Lordships great Grief that your old Master may not be let in again to strengthen and revive her drooping and almost decayed Spirits But why did not the Prince stop when he heard a Free-Parliament was calling by the Kings Writs where all matters especially of the Prince of Wales might have been considered c. As to a free-Free-Parliament is it not evident to all the World that the King could not bear it Besides who told his Lordship that his old Master would abide by the Decisions of a free-Free-Parliament touching the Legitimacy or Spuriousness of his Prince of Wales The Kings Guards were changed and at
away the Foundation upon which they argue than that Maxim in our Law received by all honest and learned Lawyers The King of England never dies For if so how is the Government laps'd And if it be not laps'd how can the Throne be said to be vacant And if the Throne be not vacant we are still a Body Politick consisting of Head and Members though much distemper'd and out of order by reason of the Infirmities of the Head. We still live tho we are not in good Health and our Case doth not require the Sexton to make our Grave but calls for the Physician to apply proper Remedies to cure our Disease If the King can dye 't is such a defect in our Government as doth strangely disparage it and further supposes that which hitherto we are all to learn the Crown is not Successive Now if it be successive it cannot be disposed of by the Will of the People but only by the Will of God who in that very moment calls the lawful Heir to the Crown wherein he is pleased to put a Period to the Life of his Predecessor If he be said that the Voice of the People is the Voice of God I believe that should this be granted it will not do their Business for I doubt not but that if the Pole was taken and the Question put to all People who are of Years of Discretion the Answer would be That they have still a King and that they are as willing to keep him as they are desirous to exclude Popery for ever that which hath made both him and them so unhappy This I do not much question would be the Answer if we should appeal to the sense of the People in general who yet if the Government be fallen to them must be allowed to have a right of Suffrage and a Liberty to speak their Minds as freely as other Commoners in this great Convention Further still If the King never dies by our Law how can he be lawfully depos'd For by Deposition the Throne necessarily becomes void for some time There must be some Interstice some space of time before they who depos'd a King can set up another and till the King in Designation be actually invested with the Regal Office there must of Necessity be an Interregnum that is The King contrary to the Mind of our Law may dye The Government of England always supposes a Monarch regulated by Law and therefore 't is presumed that he can do no wrong that is though he may err as well as other Mortals yet the Law of which he is the Guardian brings no Accusation against him but only against his evil Ministers If therefore the King hath err'd as doubtless he hath very much in God's Name let his Ministers be called to an account but why must the Government be dissolved and the King arraign'd condemn'd and depos'd to make way for any new Scheme of Government whatsoever whether French Italian or Dutch Our History indeed affords two Examples since William the First 's time that of Edward the Second and the other of Richard the Second but they did both of them actually resign and besides what they did or was done to them ought to preclude the right of no succeeding Prince These Examples ought no more to be urged than the stabbing King Henry the Fourth of France or the murthering King CHARLES the First of England The Historian in the Life of Richard the Second gives no very good Character of that Parliament which pass'd the Vote for this Deposition The Noblemen says he partly corrupted by Favour partly aw'd by Fear gave their Voices and the Commons commonly are like a Flock of Cranes as the first fly all the Followers do the like Continuat Dan. Hist. p. 46. Let it be here observed that I do not dispute whether the King together with his Parliament may not regulate and entail the Succession as shall by them be thought fit but only whether whilst the King lives whether the Throne can be vacant and the Government be truly said to be laps'd This we deny But however supposing that these things may be so who can make so fair a Claim and so generally satisfactory to the People as the next Heir by Proximity of Blood I mean if the Prince of Wales be proved supposititious that incomparable Lady the Princess of Orange These Reflections I have thought fit to make upon some new Notions of our present States-men by which we guess what they would be at In my Opinion I think it is but too evident that they are taking Advantage of our present Fears and Distractions to run us into those Extremes which the State as well as the Church of England hath always carefully avoided and taken particular care to provide against 4. In this Design can we in Honour and Conscience go along with them whom yet we cannot but highly esteem and value for their Learning and Parts and more especially for their happy and successful Labours in rescuing us from those gross Corruptions of Christian Religion and human Nature Popery and Slavery But shall we run into Popery and perhaps Slavery too when we have been so long striâ—ing against both and are now Thanks be to God in a great measure freed from the Danger of either And is not the Deposing a Popish Doctrine And is it not as Antichristian for any Assembly to put it into Practice as it was for the Council of Lateran at first to establish it And as for Slavery must not a standing Army be necessarily kept up to maintain a Title founded only upon the consent of the fickle and uncertain People granting that the major part of them are willing And in such a case must we not be beholden to the Goodness of the Prince rather than the Protection of our Laws if an Arbitrary and Despotick Power be not again introduced We have as yet no Law which wholly disables and excludes a Popish Successor from the Throne and till we have one which I question not but we shall have soon I do not see how we can disanul the King's Title or vacate his Regal Capacity howsoever his Power may be restrained Innovations without former Precedent are always dangerous especially those of this Nature It will be much more wise as well as safe to bear with some Inconveniencies than bring upon our selves those Mischiefs which such unparallel'd Proceedings may produce The Prince of Orange in his additional Declaration hath these Words We are confident that no Persons can have such hard Thoughts of us as to imagine that we have any other Design in this Undertaking than to procure a Settlement of the Religion and of the Liberties and Properties of the Subjects upon so sure a Foundation that there may be no danger of the Nations relapsing into the like Miseries at any time hereafter How far some Persons may extend this Clause that there may be no Danger of the Nations relapsing into the like Miseries
is in the Church as National must heal our Breaches The Catholicks are for one Universal Organical Church throughout the World whereof the Pope is Head according to some and the Bishops Convened in a General Council according to others That there is a Catholick Church Visible on earth as well as invisible whereof CHRIST is Head who was on Earth and is now Visible in Heaven is past doubt also with Protestants But that this Church is Organical and under the Government of a Monarchy by the Pope or of an Aristocracy by a General Council it seems a thing not possible in nature because neither can any Oeâ—umenical Council ever be Called or any One Man he sufficient to take on him the Concernmenâ—s of the whole World. A Political Church is a Community of Chrisâ—â—ans brought into an Orber of Superiority and Inferiority by an Head and Members organized for the Exercise of that Government which is proper to it but the whole Earth is not capable of any such Order And Councils therefore which are gather'd out of several Countries or of Bishops belonging to more Dominions than of one Supreme Power may behad for mutual Advice and Concord but not for Government A Nation Empire or Kingdom which consists of one Supreme Magistrate and People who are generally Christians are capable of such an Ecclesiastical Polity and a National Church Political in England is to be asserted and maintained The Church of England then is a Political Society of all the Christians in the Land united in the King as Head and organized by the Bishops for the executing those Laws or Government which he chooses for their spiritual Good and the publick Peace There is this difference between a Church National the Church Catholick and Particular Churches The two latter-are of Divine Right and Essential Consideration but the former is and can be only of Humane Institution for it is manifestly Accidental to the Church of Christ that the chief Magistrate and the whole People should be Christian. Distinguish we here of the Government of the Church as Internal belonging to the Spirit and External which belongs to Men And of the External Regiment thereof which is either Formal belonging to the Ministers or Officers of Christ or Objective belonging to the Magistrate the one being only by the Keyes the other by the Sword. Whether the Community now of Christians in England may be accounted a National Church in respect to any Formal Government of it we leave for dispute to others let them judg according to the foregoing Definition of a Political Church But that the main Body of the Nation are or may be constituted a proper Political Church National in respect to that External Objective Regiment which is or should be exercised by the Bishops as the proper Organs thereof under the King is what we hold reasonable and would lay as the Foundation-Stone of Peace in the matter of Religion between all Persons in the Kingdom Let the Parliament therefore we have be heartily for the Publick Good and thriving of England which must and can be only by an entire Liberty of Conscience in opposition to the narrow Spirit of any single Party or Faction and when such a Parliament as this shall set themselves about the Business of Union to purpose a Bill should be brought in Entituled An Act for declaring the Constitution of our Church of England A Parliament is the Representative of the whole Nation and no doubt but by Consent and Agreement they might upon the account mentioned Make a new Constitution and much more may they Declare the Constitution of it It should be declared then in such a Bill or Act that the Church of England consists of the King as the Head or pars Imperans who is to give Laws thereto and all the several Assemblies of Christians which he shall tolerate as the pars subdita or Body Some Discrimination between the Tolerable and Intolerable is indeed never to be gainsaid by any wise and good Man unto whom there is no Liberty can be desirable which is not consistent at least with these three things the Articles of our Creed a Good Life and the Fundamental Government of the Kingdom It is not for any private persons but a Parliament to prescribe the Terms of National Communion But we would have all our Assemblies that are Tolerable to be made Legal by such an Act and thereby parts of the National Church as well as the Parochial Congregations The Church here therefore must come under a double consideration as the Church of Christ and as the Church of England Take the Church as the Church of Christ and there must be as we have said at first endless Controversy about this point who are the true Members of it but take it under the consideration as National and there will be none at all for those must be Membâ—rs whom the Head by a Law does allow to be parts of the Body and the King under this notion only is made Head of the Church by the Stature that is as it is called Ecclesia Aâ—glicana The Protestant Dissenterâ— of all sorts as well as the Conformists will acknowledg the King to be Supreme Coercive Governour over all Persons and in all Causes Ecclesiastical and Civil throughout his Dominions And will not those who are Roman Catholicks do the like Did they not do so in Henry the Eight's time when they were generally such Again the Dissenters of all sorts even the Congregationalists of every Sect are ready to submit to any power legally derived from the King and upon such an account will admit of a superintendency of the Bishops as Ecclesiastical Magistrates under him when they cannot own any Authority that they have over other Ministers from Iesus Christ and will not Papists also be subject to all Authority that is exercised legally in his Name howsoever they may question the Spiritual Title of the English Clergy and their succession We would have the Bishops then qua Bishops as distinct in Office from Priests declared no other than the King's Officers whose power is but Objectively Ecclesiastical and to act Circa Sacra only by Vertue of his Authority and Commission As Iehoshaphat did comit the Charge incumbent upon him as Supreme Magistrate in regard to all Matters of the Lord unto the care of Amariah being Chief Priest and in regard to the King's Matters unto Zebadiah being as the Chief Iustice of the Realm so should the Diocesian Bishop be in our Ecclesiastical as the Judges are in Civil Matters the Substitutes altogether of His Majesty and execute his Jurisdiction This is indeed at State point which was throughly canvased by Henry the Eight whose Divines did agree on two Orders alone Priest and Deacon to be of Divine Appointment and that the Superiority of a Bishop over a Presbyter or of one Bishop over another was but by the Positive Laws of Men only as appears in that Authentick Book then put out entituled
The Necessary Eruâ—ition And consequently that the Bishop could not have or exert any Jurisdiction over the Subject unless warranted and derived from the King without danger of a Premunire which made Bonner wiâ—h others hold his Bishoprick by Commission Upon this ground if it should please His Majesty to chuse some persons of the Dissenters to this Office authorizing them to it no otherwise than by a like Commission which they should also hold with the Judges quam diâ— se benâ— gesseâ—unâ— As none of them could scruple then the acceptance so must a Union from that day forward commence in England especially if he would not leave filling up the Vacancies that fall with such till they in some measure equal the Conformists We are sensible unto what Distress the Ministers of a Particular Congregation of all sorts may be brought in the exercise of Discipline over some potent turbulent and refractory Members and what relief he might find in such an external Ecclesiastical Officer as this We are sensible how many inconvenices of Congregational Episcopacy may by this means only be saved Their work in general should be to supervise the Churches of all parties in their Diocesses that they walk according to their own principles in due Order agreeable to the Gospel and the peace of one another And more particularly in the observance of all Laws and Limitations Rules or Canons which the King as Supreme Head shall by advice of a Convocation oâ— the consent of his three Estates in Parliament make on purpose and impose upon them with respect both to the publick Emolument and the safety of his own Person Dignity and Dominions For example suppose this to be one Canon or Injunction That no Novice but such as are Grave Men only among the Sects be admitted to be Teachers Another this That the doors be kept open in all Conventiâ—les for any that wilâ— to come in and hear that no Sedition be there hatched or broached There are such and many the like Impositions may be found very fit to be laid on some Persons not needful for others and it is Time and the Trial and Experience which must be the Mother to bring them forth and cultivate them after to their best advantage To the making such Canons we humbly motion a third Clerk for the Convocation to be added to the two in every Diocess and chose out of the Dissenters with indifferent respect to all sorts of them that mutual Satisfaction and Concord my thereby be prosecuted with unanimity of Heart and Good will throughout all the Churcheâ— And the two Provinces of Canterbury and York should unite in this Convocation for the making them one National Church and not two Provincial ones in a diverse Assembly By this means shall one Organ more be added to this great Political Society for deriving an influence from the Head to these parts of the Body as well as others which now seem neglected and to have no care taken of them The more especial business of such an equally Modell'd Convocation should be the revising the Book of Canons for the reversing the main body of them having been fitted to that narrow scantling which is unworthy the Church of England and for the leaving only those and making new as we have exemplified in one or two for instance-sake even now which do and will suit to that larger Constitution thereof intended by this Paper And having now said thus much for Explanation of this Design we must say some little also in favour of it The Design of such an Accommodation as this shall advance not lessen the outward power and honour of the Bishop extending it over those who before had no conscientious regard for their Function while yet it would ease them of the tremendous burden of such a Cura Animarum they take on them otherwise as must be of impossible performance This Design which is suppos'd to find us in our Divisions and not to make any shall by little and little with God's blessing on it cool Animosities and enkindle Charity and Holiness among all parties which now is so much wanting while those that are Catholicks and those that are Protestants and much more those that are Conformists and those that are Nonconfrmists do agree in the substance of one Christianity having the same Scriptures the same Articles of Faith in the three Creeds and the same Rule of Manners in the Decalogue There is one Body one Spirit one Lord one Faith one Baptism They cannot indeed have both Communion in the same External Worship but they can have it in the Internal Adoration of the same blessed Trinity and in One Hope of our calling unto eternal Life through Christ Iesus They must separate into several Congregations but there shall be no Schism in the Body by this means for all that For as while the Supreme Power allows only the Parochial Meetings as established by Law it hath bin accounted Schism to go to Separate Assemblies So if the Scene be altered and these Separate Congregations be also made Legal this Schism or Mens being called Schismaticks in that regard must vanish and be at an end Indeed these divers Congregations will Accuse one another as guilty of Sin and Schism before God for each separating from the others Communion and threaten his Judgment but so long as there is no separating from the Church whereof the King is Head while he tolerates the Meetings of both and makes them parts of it as National there shall be no prosecution of Law against any but all quiet as fellow-Members upon that account Only as to the Roman Catholicks it is not indeed for them to imagine that a Protestant King and Parliament should allow of their Mass in Publick as they do of the Service-Book This were not to tolerate the Papists but to set up Popery whereas the Determining what is to be permitted to one Party and what to another so as no Detriment may be brought to the Church or State and no Sin or Guilt upon the Nation by that permission is a nice thing and the business of this Parliament There is one Motion farther should be added and that is for another Bill also to be brought in to take away Pluralities which is the Pest of our present Conforming Clergy I mean both of Livings and Dignities impartially to this end that the King may have wherewithal to engage those he receives into the Church thus enlarged and consequently restores to their Labours by this Accommodation for that is a thing will make the favour indeed significant to such persons I will conclude with one Argument for what I have proposed There is no power given upon Earth for any Man to command that which he in his Conscience does judg to be Sin. Non datur potestas ad malum But to conform in all things to the present Church according to Law is Sin in the judgment of Dissenters Catholicks and others and the Late King was a
Dissenter of one sort himself The King therefore that was so lately could not really put the Catholicks upon Conformity and if he would appear equal to all his People he could not put â—ny other Dissenters on it neither for the same Cause That which the Law requires was both in his Conscience and in theirs a thing prohibited of God. He could not therefore put the Laws in Execution being against God. And if He could not do it acting only but as an honest Man that abides by his Principles we have no reason to apprehend that so good a King and Queen as we have now should be ever brought to do it maugre all the Enticements of the Church of England or Frowns of the Church of Rome FINIS ADVERTISEMENT A Third Volume of Sermons Preached by the Late Reverend and Learned Thomas Manton D.D. In Two Parts The First containing LXVI Sermons on the Eleventh Chapter of the Hebrews With a Treatise of the Life of Faith. The Second containing a Treatise of Self-Denial With Several Sermons on the Sacrament of the Lord's-Supper And other Occasions With an Alphabetical-Table to the Whole Sold by Thomas Parkhurst and Ionathan Robinson ELEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. An Answer to the Desertion Discuss'd being a Defence of the late and present Proceedings II. Satisfaction tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of Fealty and Allegiance III. Dr. Oates his Petition to the Parliament declaring his barbarous Sufferings by the Papists IV. An Account of the Convention of Scotland V. A Speech made by a Member of the Convention of the Estates in Scotland VI. The Grounds on which the Estates of Scotland declared the Right of the Crown of Scotland Forfaulted and the Throne become Vacant VII The Opinion of two eminent Parliament-Men justifying the Lawfulness of taking the Oaths of Allegiance to King William and Queen Mary London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. AN ANSWER TO THE DESERTION DISCUSS'D IF many of our Long-Rob'd Divines pust up with a Conceit of their own Parts would but keep closer to their Texts and their Duties most certainly our Peace and Union would be much firmer and more assured then it is For being sway'd by Interest and Profit they are more afraid of losing the Advantages of Earthly Preferment then the Treasures of Heavenly Felicity Unless they swim in their own Wishes and Desires all Things are out of Order The Church is in danger they cry here are Sharers coming in among Us And by an odd kind of Ecclesiastical Policy seem rather inclinable to return under the Yoke of Popery then to endure the Equality of a Dissenting Protestant rather to be at the check of a Pope's Nuncio then suffer the Fraternity of a Protestant Nonconformist They said nothing to the late King till he began to touch their Copy-holds then they call'd out for Help and now they are angry with their Relief because they are afraid of well they know not what And this is their Misfortune that if all things answer not the full Height of their Expectations they are the first that should be last dissatisfied If all things go not well as they imagine they presently grow moody and waspish and while they insinuate their empty Notions into others who admiring the fluency of their Pulpit Language either out of Ignorance or Laziness allow them a Prerogative over their Understandings the whole Nation must be embroyl'd by their Surmises and Mistrusts Else what had that Gentleman who wrote the Desertion Discuss'd to do to busy his Brains with a Subject neither appertaining to his Function nor proper for his Talent Why should he be setting himself up against the voted Judgment of â—he chiefest and greatest part of the Kingdom A Man of his Profession would have doubtless better employ'd himself in contemplating the Story of the Three Murmurers against Moses and there have learn'd a more sanctifi'd Lesson then to exalt his Sophistry against the Debates of a Solemn Assembly contriving the Publick Preservation For certainly never was a fairer Prospect then now since the many Revolutions under which the British Monarchy has labour'd of its being restor'd to its ancient Grandâ—ur and Renown and of enjoying the Advantages of Peace and Prosperity in a higher measure then ever So that it must be look'd upon as the Effect either of a most pernicious Malice or a strange distraction of Brain for such Discussers as these to be throwing about the Darnel of their nice and froward Conceptions on purpose to choak the Expectations of so glorious a Harvest For they must be Men that want the government of right Reason within themselves as being enslav'd either to vicious Custom or partial Affection or else they would never run themselves and others with so much precipitancy into the shame and ignominy of upholding the subvertors of National Constitutions And all this to blacken and defame the noble Endeavours and prudent Counsels of those renowned Patriots that pursu'd the only means to rescue a languishing Monarchy from impending Thraldom and Ruin. He does not wonder he says that a Man of so much sense and integrity as his Friend is should be surprized at the Thrones being declared Vacant by the Lower House of Convention For how says his Friend can the Seat of the Government be empty while the King who all grant had an unquestionable Title is still living But the Discusser here forgot that it had been the resolv'd Opinion of two Parliaments already That there was no Security for the Protestant Religion the King's Life or the establish'd Government of the Kingdom without passing a Bill for disabling the Duke of York to inherit the Imperial Crown of England and Ireland and that unless a Bill were pass'd for excluding the Duke of York the House could not give any Supply to the King without Danger to his Person the Hazard of the Protestant Religion and Breach of the Trust in them repos'd by the People Upon which a Bill did pass the Commons and was sent up to the Lords for their Concurrence by which Iames Duke of York was excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm c. and he adjudg'd Guilty of High Treason and to suffer the Pains and Penalties as in Case of High Treason if after such a Time he should claim challenge or attempt to possess or exercise any Authority or Jurisdiction as King c. in any of the said Dominions 'T is true the Lords did not pass this Bill for Reasons well known yet was it such a mutilation to the Duke's Title to be disabled from succeeding in the Kingdom by the whole Body of the Commons who are the Representatives of the Nation that it can never be said that all Men granted his Title unquestionable
as the Discusser imposes upon the World. Besides the many Instances in History of several Princes who have forfeited their Succession and consequently their Title to the Crown for revolting from the Establish'd Religion of the Realm But says the Discusser for I look upon his Friend and Him to be all one and that he does but put the Question with one side of his Mouth and answer it with the other I had thought our Laws as well as our Religion had been against the Deposing Doctrine That 's not the Question but whether a Prince may commit those Miscarriages in Government whether he may not so far peccare in Leges Rempublicam as to incur the Forfeiture of his Regal Power and whether a Prince may be allow'd to subvert the ancient Constitutions and Religion of a Nation and yet be said to be the Lawful King of that Realm These are the Questions For theâ— it is not the Law that deposes him nor the Religion that justifies it But it is He that deposes Himself 't is the bad Advice of Evil Counsellors to which he Listens and which he follows to the ruin of the Kingdom contrary to the Original Contract between Princes and People grounded upon the Foundations of all Original Government I say 't is that Adhering to Evil Counsel which deposes a Prince by degrading him from a Lawful King to an Unlawful Tyrant and renders him Liable to the Animadversion of the Law and the impeachments of the oppress'd and injur'd People To assert otherwise were to deprive all National Law and Religion of their self Defence which is against all the Law and Religion in the World. I am apt to believe that Christ himself had no very good Opinion of the lawfulness of Herod's Regality when he sent him that Message Go tell that Fox Herod Which I look upon as a Deposal and Degrading of that Arbitrary Prince by the Founder of our Religion in his own Breast and Judgment though he forbore the Execution of his Celestial Power And therefore it is not the Error of Religion but the Fault of those that do not well distinguish that Religion suffers in her Doctrines For only he who governs according to Law is a King he that endeavours to subvert the Law is none Nor is every rambling and precipitate Brain to be Judg of this neither but the Solid Law and fundamental Constitutions of the Realm So that the Country Gentleman was mistaken in his Thoughts both of our Laws and our Religion However the pretended Scrupulous Country-Gentleman desires the Discusser to expound the State-Riddle of the Vacancy and to give him the Ground of the late extraordinary Revolution To which the Discusser gives no direct answer at present but desires his Friend to take notice That the Gentlemen of the Convention who declar'd a Vacancy in the Government lay'd the main Stress of their opinion upon the King's withdrawing himself For that since the Story of the French League and the Business of the Prince of Wales were pass'd over in silence most Men believed that the pretended Breach of that which they called the Original Contract was no more then a popular Flourish All which is such an imperfect peice of Incoherence that none but a madman would have thrust in by Head and Shoulders as the Discusser has done For how can it be inferr'd that the Breach of the Original Contract should be a Popular Flourish because the Clandestin League and the False Birth are hitherto pass'd over in silence As for the surreptitious Birth one would think it was sufficiently dilated upon in the Declaration of the Lords and why it is not farther brought upon the Stage there may be several Reasons given and among the rest because it may be thought that the Imposture will vanish of it self and so there will be no need of casting an Eternal Blot upon the memory of them that contriv'd and own'd it Then for the Clandestin League it Suffices that there is apparent Proof of it in Bank. But to call the Breach of the Original Contract pretended and a Popular Flourish is a yerk of Malitious Reflection which only serves to expose the Discusser to Publick censure For as there is nothing more certain then that there is an Original Contract between the King and People of England the Breach of which has cost the Effusion of so much Blood so is it as certain that that Original Contract was never so infallibly broken then it was of late Which as it is allow'd by all the Laws of God and Man to be a sufficient ground to seek a Remedy so was nothing more vigorously urg'd by the Convention Which might have convinc'd the Discusser that they did not pretend it for a popular Flourish But now lest the Country Gentleman should be shogg'd by seeing the Votes of so considerable a Meeting debated by a private Hand the Discusser reminds him That a Parliament and a Convention are two different Things The latter for want of the King's Writs and Concurrence having no share in the Legislative Power But the Discusser forgets that it was only a Convention of Lords that sent to Richard the Second to meet them at Westminster which the King at first promis'd to do but upon altering his Mind sent him another peremptory Message that if he would not come according to his Promise they would chuse another King and then proceeding farther according to that Power they had expell'd against the King's Will several of his chiefest Favourites from the Court constrain'd others to put in Sureties to appear at the next Parliament and caus'd several others to be arrested and committed to several Prisons If a Convention could do this where the King was present what signifi'd the Writs and Concurrence of an absent Prince Nor did they contend for Legislative Power but only met in a kind of embodied Dictatorship to take care of the present Necessity of Affairs But this says the Discusser was not justifiable for that the Nenessity which they pretended was either of their own making or of their own submitting to which is the same Thing But this is all Nonsence For if the Necessity was of their own making then were the Lords and Commons the Authors of all the Miscarriages which they laid to the late King's Charge If of their own submitting to then would they never have call'd out for succour and crav'd Relief from their Oppressions No They were those crying Grievances sum'd up in the Declaration of the Lords Spiritual and Temporal and Commons assembl'd at Westmister presented to their Present Majesties upon the Twelfth of February Last which when the late King could not justify them by force of Arms but fled for it not being able to answer his endeavours to subvert and Extirpate the Protestant Religion and the Laws and Liberties of the Kingdom put them to that necessity of assembling after an Unusual Manner to provide for the Common Safety How ever the Discusser will have it a
Necessity of their own creating tho never so false For says he if the King had either not bin driven out of his Dominions or invited back upon honourable Terms they needed not have had recourse to such unusual singular Methods of proceeding And thus the Discusser rambles out of one Untruth into another For he fled from offer'd Treaty forsook the defence of his own Forces and left them to be disbanded in Arrears and without Payment slipt from his own Council by Night after he had appointed to meet them in Consultation the next Morning Nor could he justly suspect that any Violence would have been offer'd to Him in particular being so well assur'd as he could not choose but be of the Generous Inclination and profound Respect which the Prince had to his Person But if the Guilt of peculiar Miscarriages hasten'd his Departure or oversway'd him toleave the Heâ—m of Rule without any Form or Face of Goverment That could ne're be call'd an Expulsion out of his Dominions And therefore when a certain Gentleman waiting on him at Feversham besought him to return to London he gave the Person this Reply That he was an honest Gentleman but knew not what he knew And when he had once abandon'd the Kingdom all forlom without either Head or Conduct without Council or any Countenance of Authority then according to the Judgment of the Common-wealth of Venice in reference to the Succession of Henry the 4 th it belong'd to the Nobility and chief Persons of the Land as they are the chief Defence of the Royal Authority to take care of the Publick Safety whether by usual or unusual Methods of proceeding it matters not and they have both the Authority of Law and Necessity to justify their Proceedings As for his being invited back upon Honourable Terms 't is well known how he return'd back and went through the City on the Sunday Night attended by his own Guards and lodg'd in White-Hall and this most certainly in order to an Accommodation Only because the Prince was coming to Town he was sent to and for the avoiding any Disturbance that might be prejudicial to his Person was humbly desir'd to retire to Ham-House with Liberty to make choice of what Persons he thought fit to attend him Which he promised to do but recollecting himself and desiring to know whether he might not return back to Rochester word was sent him the next Morning that he might do as he pleas'd All this while here was no Constraint put upon him so that he could not be said to be driven out of his Dominions but that it was his own Choice to forsake it Notwithstanding all this The Discusser will undertake to prove That the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger and therefore it could not be call'd an Abdication But through the whole Pursuit of his Argument the Discusser most wretchedly mistakes the Point quite mistaking the Effects for the Causes For says he Had not the King great Reason to retire to secure his Person and his Honour when he had met with so many unfortunate Disappointments with so many surprising and unparallel'd Accidents When part of the Army was revolted and the Remainder too apparently unserviceable When the People had such fatal and unremoveable Prejudices against his Service When there were such terrible Disorders in the Kingdom and all Places were either flaming or ready to take Fire What should a Prince do when he had scarce any thing left him to lose but himself but consult his Safety and give way to the irresisâ—able Evil These are very great Disappointments and evil Accidents indeed to befal a Prince But the Discusser forgets to tell ye That the Prince brought all these Inconveniencies upon himself The Discusser tells ye that part of the Army revolted but he omits to tell ye that it was out of a Generous Principle for that being Protestants they would not embrue their Hands in the Blood of their Fellow-Protestants and Countreymen nor be Instruments to enslave the Nation He tells ye of terrible Disorders in the Kingdom but does not tell ye it was time for the People to be in Disorder when they saw such Incroachments upon their Ancient Franchises such Inundations of Popery flowing in upon their Consciences and such a rapid Violence of French Thraldom tumbling in upon their Necks He complains that all Places were either flaming or ready to take Fire but forgets to tell you who were the Incendiaries These therefore with several others of the same Nature being the true Causes that drew the foresaid Inconveniencies upon the King it follows that tho the Secondary Constraint of his withdrawing might be occasion'd by the Effects yet the Primary Cause of his withdrawing proceeded from the First Causes which produced the Effects Consequently such a Retiring was voluntary and not forc'd because he may be justly said to fly from something of dreaded Punishment rather then pursuing Danger from which he was always at a distance â—ar enough off but dubious what would become of him as to the Former The Discusser makes many other grievous Complaints to justify the King's First withdrawing for hitherto he is altogether upon that but when he comes to sum up all In short says he when the Forts and Revenue were thus disposed of when the Papists were to be disbanded and the Protestants not to be trusted when the Nation was under such general and violent Dissatisfactions when the King in case of a Rupture had nothing upon the matter but his single Person to oppose against the Princes Arms and those of his Subjects when his Mortal Enemies were to sit Judges of his Crown and Dignity if no farther when Affairs were in this tempestuous Condition to say that a Free and Indifferent Parliament might be chosen with the Relation to the King 's Right as well as the People's and that the King had no just visible Cause to apprehend himself in Danger is to out-face the Sun and trample upon the Understandings and almost upon the Senses of the whole Nation As for the Fortified Towns it was but Reason that his then Highness the Prince of Orange who came over to rescue the Nation from Arbitrary Violence and Oppression should demand them to be put into his Power well Knowing them to be then in the Hands of Irish Papists and Cut-Throats of whom the People stood in Perpetual Fear and who were rather a Consternation then Security to the Kingdom And the same reason holds in Relation to the Revenue For all the World knows what Vast Sums had been Squander'd away by the late King when Duke to keep off the sitting of Parliaments and to buy off the Members when they Sate and when that Money was spent so much to the Detriment of the Realm what Sollicitations were made to the French King for more to carry on the Popish Cause and Interest It was as well known how the Revenue had of late
Years been Embezl'd to keep up a standing Army of Irish Ragamuffins as if England were now in its Turn to have been conquer'd by Ireland as formerly Ireland had been conquer'd by England From which fears when his present Majesty had delivered the Nation it was but reason that his Army should be pay'd out of the Publick Stock for their happy Toyl and labour For the Publick Revenue of all Kingdoms and States was ever Originally intended for the Preservation and not the Destruction of the People Upon the Disbanding of the Papists the Discusser makes a special Observation That no Test-Acts nor any Others could barr the King from Listing them as Common Souldiers This perhaps may be true that is to say that a Protestant Prince may list Papists and a Popish Prince Protestants to follow him in a lawful War. But when a Popish Prince in a Protestant Nation had made his chiefesâ— Levies of Popish Common Souldiers to over-aw his Protestant Subjects and put his sole Confidence in them for his known and open Designs and manifest Endeavors to introduce Popery into a Protestant Kingdom contrary to the Law 't was time then to think of disbanding such Vermin and ridding them out of the Land. And the reason why the Protestants could not be trusted was as certain For if the King would not trust his Protestants nay disarm'd them when Papists were both arm'd and Employ'd what reason had the Protestants to trust the King. And this was that which among other Things created and foster'd those General and Violent Dissatisfactions in the Nation For Men have naturally a general and violent Antipathy against having their Throats Cut if they can help it And therefore since the Kingdom by a Miraculous Providence had obtain'd its Redemption 't is to be wonder'd the Discusser should imagine 't was ever intended that the late K. should be in a Condition again to oppose either his own or the persons of any others against the Arms of the Prince or those of his own Subjects And whereas he says that the King 's Mortal Enemies were to be the Judges of his Crown and Dignity the Discusser should have done well before he had made his Reflection upon so many Eminent Patriots to have consulted Grotius l. 1. c. 4. Par. 8. and the Example of Pausamias King of Lâ—cedaemon there cited Certainly there was no such Impossibility but that a Free and Indifferent Parliament might have been chosen to deal equally between the King and the People For tho the King perhaps might be conscious that he could not so well rely upon the Kindness of those to whom he had always had such an inveterate Antipathy yet he might have rely'd upon the Justice of so many Great and Worthy Personages So that it is the Discusser himself who out-faces the Sun and tramples upon the Understandings and Senses of the whole Nation who makes these little Rhetorical Flourishes to palliate and obscure the Truth and to insinuate among the People as if Wrong and Injustice had been done where nothing was acted but what was a due debt to Self-Preservation And with the same Brazening the Discusser out-faces the Sun and tramples upon the Senses of the Nation to assert that a Desertion of the Government after such Proposals which were rather Assurances of his Safety was no Desertion He had been safer in the Affection of the People when all his evil Counsellers had been remov'd from about him he had been safer from the Importunities of his Priests and Jesuites He had been more secure from running himself into farther danger and safer in the Enjoyment of his Royal Dignity But he who had so Solemnly sworn to Establish Popery in England or die in the Attempt thought himself no where safe perhapps but where he might be procuring his future Bliss by the Performance of his Vow The Discusser now advances to the King 's second withdrawing and puts the Question what the King had done to incur a forfeiture by his first Retirement Indeed what had he not done If the Discusser â—orgot in his Discussing Heat the Declaration presented to their Present Majesties would have rubb'd up his Memory Among the rest there was one That he had endeavoured to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of the Kingdom by raising and keeping a Standing Army in the Kingdom in time of Peace without Consent of Parliament and quartering Souldiers contrary to Law and by causing sâ—veral of his good Subjects to be Disarm'd at the same time when Papists were both Arm'd and Employ'd Now to what purpose was all this but to Subject the Kingdom to the Tyranny of the Pope In such a case Barclay cited by Grotious l. 1. c. 4. per. 10. gives this for his Opinion Si Rex regnum alienet aut alij Subjiciat amitti ab eo Regnum To which Grotius himself adds Si Rex reipsa tradere regnum aut Subjicere molliatur quin ei resisti in boc posse non dubite Aliud est enim Imperium aliud habendi modus qui nâ— mutetur obstare poâ—est Populus After all this it cannot be imagin'd that the King returned the second time with an intention to govern unless he might govern at his own will and Pleasure as he did before But that would not be suffer'd him for they who had now avoided the Yoke so near putting about their Necks would never endure it should come so near their shoulders again Therefore all the Probality in the World is on this side That the King perceiving that by taking the Government upon him again he should not be able to attain those Ends which he had made the Business of his whole Reign resolv'd to relinquish it altogether At which time being at liberty to go or stay his Departure must of necessity be accounted Voluntary and consequently an Absolute Abdication Lastly it is impossible that the King could be frighted out of his Dominions by the making of two or three Addresses to his then Royal Highness the Prince of Orange for it was no more than rationally he could expect would be done more especially from the City to the Person who next under God had deliver'd them from their Continual fears of Fire and Sword. Nor by the denying him a little Gold to Heal with which looks like an improbable Story of the Discusser's own framing These are Motions so inconsiderable for a King to forsake his Dominions that the Discusser seems to have Conjur'd them up meerly to degrade the Courage of the Absenting Monarch and to mortify his own Discussion But after all the Question may be fairly put whether Withdrawing in the Construction of our Law does not rather imply a Guilt than an Apprehension of Danger unless it be that of being call'd to an Account since the Query always propounded to the Jury is Did he fly for 't Which indeed ought to be the Legal Determination of this Dispute However the Discusser goes on and tells
Prince of Orange was a Foreign Prince Will you be pleased in answer to this to fix your Thoughts upon that of the great Apostle St. Paul he is excepted that put all things under him So here without Question the King may divest himself of all Authority and Power and when this is done the Obligation ceaseth as if he were really Dead The Preface to the New Oath is not an authoritative Abdication but rather a Declaration of Matter of Fact that the late King Iames hath abdicated So that in fine the main of the Controversy lies here Whether the late King did abdicate For if he did without all Question the Obligation of all Oaths taken unto him is ceased In confirmation of the Affirmative I shall endeavour to make it clear that any King may And secondly That the late King did abdicate That Kings may denude themselves of their Princely Power and Sovereignty appears from what was done by Charles the Fifth Emperor of Germany and King of Spain at the same time who did abdicate both and his Subjects took new Oaths of Fealty to other Princes Some of those Times might question his Courage but none did ever except against the Validity of it May it not seem something unjust to deny this Liberty to Princes when they find themselves overcharged with the Weight of Government to retire into a Privacy for the better enjoyment of their inward Peace and Quiet But I presume no Man will deny this Hypothesis It remains to prove the Thesis That the late King did abdicate 1. I will not dwell upon what was done by the Metropolitan and other Lords of the Council upon his first withdrawing they came into the City and with the Lord Mayor sent for the Lieutenant of the Tower seize upon the Keys dispossess the Souldiers place a new Garrison there and desire the Prince of Orange to assume the Regency Why all this if he had not Abdicated Upon what other ground durst they raise Arms seize upon his Royal Fort Or how can they excuse themselves from formal Rebellion and breach of Oaths if this be not granted and is not unpresidented That Princes shall take up their Scepters again when they have laid them down But to pass by this 2. I would willingly be resolv'd by any Thinking Man whose Judgment and Testimony is most authentick in this Particular Whether I am to resolve my self into the Judgment of the whole Nation in a full and clear Representation in Parliament or into the private Francies or Opinion of a few Men I remember what you once repli'd to this That every Mans Conscience is to judg for himself in point of Practice But do you not know when and by whom this Principle was exploded whilst some were prosecuted for meer Matters of Worship And shall this be pleaded by those Men who so vigorously have acted against it when in its own Nature it is so destructive of the Civil Peace A Line and a Line is an Abomination Did ever any Government upon the Pretence of Conscience dispence with Disobedience in Things necessary to its Establishment And can any Man expect to be excus'd from taking the Oaths which is the only Moral Security the Government can expect or require and upon this very Pretence which if allowed all Kingdoms must dissolve into Anarchy and Confusion Religion and Conscience being the Common Pretentions of all Male-Contents This may suffice to satisfy any sober Rational Man that is not resolv'd to maintain the Conclusion be the Premises never so weak Some there are that presume their Subscription to the Doctrine of the Church of England in her Book of Articles will not permit them to yield their Obedience to these Alterations But if this shall prove a Mistake and our Obedience shall be conformable to our Principles will it not rather be esteemed Peevishness than Conscience To discover the Mistake let us consider when and by whom the Articles were composed and refer the Practices of those Times to the Articles as an authentick and clear Interpretation of them and this also will vanish like Smoak 1. The Articles were made or at least confirmed in the Reign of Queen Elizabeth who was a constant asserter and maintainer of this Maxim That it is lawful for a neighbouring Prince to relieve and defend the Subjects of another when invaded in their Laws Liberties and Religion Who was it that protected and assisted the Hugonets in France against the Tyranny and Violence of their Princes Was it not this Gracious and Heroick Queen And who was it that protected the Netherlands against the Violence and Usurpations of the Spanish Monarch And was all this contrary to the avowed Doctrines of our Church of which she was the Defender Was not this defended or at least allowed of by the Church-Men of those Times must it be now inconsistent with the Principles of our Times Do they bind our Hands so that if we are invaded we may not crave the like Protection Let any sober scrupulous dissatisfied Person give a sober Answer and Resolution to these Queries The Dutch Netherlands erected a new Model of Government under her Protection after they had shaken off the Spanish Yoak 2. Let it be granted what ought not to be denied That the late King did abdicate and that the Government did devolve upon the People and these in a full Representative of the whole Nation whether in Parliament or in a Convention it matters not which whilst that was a free and fair Choice have constituted these to be our Governours Are we not to pay and swear Obedience unto them as well as their Predecessors And if this were rightly weigh'd would answer an Objection from that Declaration in the Act of Uniformity I abhor that Traiterous Position c. If after all this Men will fix all upon a Ius divinum and fly to Scriptures let them give plain positive Texts for a general Form with Rules universally relating unto and obliging all Places and Men. If they cannot let them confess that God hath left all Nations and People to be ruled by that Government and those Laws which are most suitable to the Constitution and Temperament of the People and this I lay down for a Foundation not to be overthrown But to Answer those places which are so much insisted upon that of our Saviour's St Paul's and St Peter's we need to make use of that absurd Assertion of some of the Romanists That this was only enjoyn'd and to be performed until they had opportunity to make a Resistance This would stain the Glory of the Primitive Martyrs Not a forced but a voluntary Martyrdom deserves the Crown however this gives a taste of the Loyalty of these Men and their Religion to the maintaining of which the Popish Princes sacrifice all their Power and Policy But for a more Substantial Answer by way of Satisfaction to these Scruples let it be duly considered that the Primitive Christians and we were under
different and distinct Administrations they liv'd under absolute Monarchs their Grandeur was won by the Sword and confirm'd by a pure Despotick Power and therefore their Resistance had been unlawful contrary to the Rule and Force of their Government but it is quite otherwise with us We are setled upon a Gothick Model our Princes make no Laws without our own Consent they are obliged to the excution of Laws made by our selves with their Consent they have no Power to dispense with the breach of them by others nor to invade them themselves This was own'd by the seven Bishops declar'd by former Parliaments so that no Man is bound to pay their Allegiance any further Let Caesar have what is Caesar's and the Subjects what is theirs their Laws their Birth-right In some cases Moral positive Duties are superseded by what is naturally Moral as in the Duties of the fourth Command so here Tho Government in general be founded upon Nature yet this or that Form is but positive and if it be not consistant with the end of Government Self-preservation Why should not it be either altered or fixed in those who will prosecute the right end the Preservation of the publick Peace and Liberties of the People To what hath been said let me add ex abundanti the late King 's retiring into France if it amount not to an Abdication it comes near unto a Forfeiture and no Prince or State can have less Reason to indeavour to restore him to his Crown and Dignity than that Monarch Whence hath he his Claim but from Hugh Capet and he from the Election of the great Men of the Kingdom and why did they pretend to lay aside Charles Duke of Lorrain whose Right it was by Succession but meerly upon this ground He had joyned himself to the Enemies of the Kingdom and so they transfer the Crown unto another Family that of the Capets And does not all Christendom in general and the English Nation in particular look upon that great Man of France as a Common Enemy shall not that which may hinder Succession justify in part a translating of it unto another But blessed be God all these are cleared in an Abdication and that asserted by the Representative Body of the whole Nation And now good Sir be perswaded to lay aside all Prejudice submit your Sentiments to the Judgment of your Superiors yield your Obedience and Fealty in taking the Oaths this you see is your Duty and not only so but your Interest It is not long since we were apprehensive of Popery and the Church-of England-Men did set themselves in direct Opposition against it and all the Accesses toward it for which the Generations to come shall call them blessed But whence come these Apprensions to be lessened can we expect a perfect Freedom from these Fears should he be re-admitted to his Authority It is not possible a Popish Soveraign should keep Promise with his Heretical Subjects as they stile us their words and Oaths if Roman Catholicks bind no further then stands with the Interest of their Religion and we know who both can and will dispence with Oaths and Promises made to Hereticks Would you fetter him by Laws these have been like Sampsons Cords easily broken Would you place him under Tutors and Governours He is no minor cannot submit aut Caesar aut Nullâ—s Men are but Men at the best and Time and Preferment may alter their Judgments However these would make him a Prisoner and no King. Should we submit in hopes of another Opportunity Would he not settle a Correspondence with Male-contents at Home and Foreign Princes Abroad and if he prosper in the Design hath that Common plea That his Promises are Void because made by him when under Restraint And then What will become of all that is dear unto us Religion Lives Liberties and Estates This is prevented by an Abdication so that if he return it must be by Conquest and then he will rule by the Sword we shall all be in the same Condition lie under the charge of Hereticks Rebels and Traytors the Government chang'd from a regulated Monarchy into an absolute Tyranny our Religion abrogated we shall be sold as Slaves or burnt as Hereticks If Men love Bonds and Imprisonments Rapine and Sequestration Racks and Tortures Fire and Faggots let them continue this Humor and Aversation but if none of these be lovely as indeed they are not let us bless God who hath redeemed us from the Hand of our Enemies and the Hand of all that hate us Let us joyn issue with the Divine Providence which hath delivered us from all these Evils in submitting and yielding our Obedience to our Soveraign Lord and Lady by whose Conduct and Courage we are brought into a state of Freedom and Peace Be not affrighted out of this by the false Rumors and Reports spread abroad by evil-minded Men but let us unite in our Submission to our present Rulers that thereby we may strengthen their Hearts and Hands in our common Defence There remains one Prejudice but no Objection arising from the vain Fears of some Men that the Church begins to be shaken in her Authority whilst matters of Religion fall under a Dispute and no Convocation consulted with But this if fully considered would swell a private Letter into too great a Bulk Let me for the present desire you to consider there is nothing design'd in Doctrinals but meer Matters of Ceremony and a relaxation of some Laws not consistent with the greatest Interest of the Nation in this present Juncture the Union of Protestants And out of experience that the severity of those Laws never reclaim'd one Dissenter but rather did drive others out of the Pale of the Church it is not unworthy of but highly becoming the Wisdom of those worthy Patriots to find out a Method whereby all Protestants of every Form may be brought into an easy Condition This Subject if this Letter find a candid Reception may be more fully considered of by Your very Friend Servant and Brother R. B. To the Right Honourable the Lords Spiritual and Temporal And to the Honourable the Knights Citizens and Burgesses in this present PARLIAMENT Assembled The Humbletition of TITUS OATES D. D. Most Humbly sheweth THat your Petitioner in the Year 1678 discovered a horrid Popish Conspiracy for the Destruction of the late King Charles the Second His Present Majesty and the Protestant Religion within these Kingdoms and prov'd it so fully that several Parliaments and Courts of Justice before whom he gave his Testimony declared their Belief of it by publick Votes and the Condemnation of several of the Conspirators For which Reason and because your Petitioner would not be terrified by their Threats nor seduced by their Promises of great Rewards with both which Temptations they often assulted him to desist in his Discovery the Jesuits and Papists pursued him with an implacable Malice and endeavoured to take away his Fame and Life by suborning Witnesses to
accuse him of Capital Crimes but being defeated in that Villanous Attempt they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had at the Request of several Parliaments allowed to your Petitioner and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum for speaking this notorious Truth viz. That he the said Duke of York was reconciled to the Church of Rome and that It is High Treason to be so reconciled wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner and your Petitioner was committed to the King's Bench-Prison After this the same Popish Party obtained leave from King Charles the second to prefer two several Indictments against your Petitioner for two pretended Perjuries in his Evidence concerning the said Conspiracy which they brought on to Tryal in the Reign of King Iames the second and your Petitioner was upon the Evidence of those very Witnesses who had confronted him in three former Tryals and were disbelieved and through the Partial Behahaviour of the Chief Justice Ieffreys in brow-beating his Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull of the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Creâ—it and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your gâ—nerous and tender Consideration and to give him such Redress â—herein as to your Lordships and your Honours great Wisdom Iustice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 168â— in Obedience to the Prince of Orange's Letters They choice the Duke of Hamilton their President after which they had several Debates about the Duke of Gâ—rdon a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King Iames. They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King Iames requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Committee of 24 made up of all the Estates to settle the Government Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King Iames the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King Iames and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery
If the dissatisfied Party accuse the Convention for making the Prince of Orange King it is not my Duty to judge those above me therefore I shall only say that if they have done ill Quod fieri non debuit factum valet aâ—d they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS The TWELFTH and Last Collection of Papers VOL. I. Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. The Secret League with France proved II. The Reasons why the late King Iames would not stand to a Free and Legal Parliament III. The Reason of the Suddenness of the Change in England IV. The Judgment of the Court of France concerning the Misgovernment of King Iames the Second V. The Emperor of Germany his Account of the late King's Unhappiness in joining with the King of France VI. A full Relation of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England c. VII The Declaration of the Lords Spiritual and Temporal and Commons of England concerning their Grievances presented to King William and Queen Mary With their Malesties Answer VIII The Declaration of the States of Scotland concerning their Grievances IX The Manner of Proclaiming King William and Queen Mary at Whitehal and in the City of London Feb. 13. 1688. X. An Account of their Coronation at Westminster Apr. 11. 89. XI The Scots Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland XII The manner of their taking the Scotish Coronation Oath at Whitehal May 11. XIII The Coronation Oaths of England and Scotland London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. The Secret League with France proved 1. BY the Treaty managed by the Dutchess of Orleans between Charles II. her Brother and Lewis XIV 1670 published by the Abbot Primi in his History of the War with Holland with the priviledg of the French King This Treaty expresly tells us That the French King did promise Charles II to subject his Parliament to him and to Establish the Romish Religion in his Kingdom But before this could be done the said Dutchess told him the Haughtiness and Power of the Hollander must be brought down 2. By the Current of the Design throughout all Coleman's Letters which contain nothing else but the Conspiracy of the Duke of York and the Jesuits against the Government and the Protestant Religion For you know says he in his Letter to Sir W. Throgmorton Feb. 1. 1674 5. when the Duke the late King Iames comes to be Master of our Affairs the King of France will have reason to promise himself all things that he can desire c. Both he and the two Royal Brothers being closly joined together to destroy the Northern Heresy as he in his Letter to Monsieur La Cheese assures us 3. Which Friendship with the French Court is further confirmed by a French Author who wrote the Life of Turene in which he brings in the Duke of York lamenting the Death of that great Marshal of France after this manner Alas says the Duke the loss is great to me in that I am greatly disappointed in those great Designs I have been long meditating upon if ever I come to the Crown of England For the sake of which Passage the then Secretary of State of England forbad the printing of that Book which was then translated and prepared for the Press 4. The French Ambassador at the Hague in a Memorial to the States General Sept. 9. 1618 peremptorily declares there was such an Alliance between the King his Master and King Iames II as to oblige him to succour him c. 5. Both King Charles II and King Iames II were so engaged with the great Nimrod of Francâ— that â—hough several Parliaments of England strugled hard to break the Friendship and gave a vast Sum of Mony in order thereunto yet all in vain And King Iames II was so eager to follow the French Measures that after the Defeat of Monmouth he declared to the Parliament that for the time to come he would make use of Popish Officers as well as keep up a standing Army contrary to Law. 6. We have had sufficient Evidences of his Designs by the care he took to fill his Army with Irish Papists at the same time that he disbanded all the Protestants that served him in Ireland that he might always have an Army at hand in that Kingdom ready to promote his Popish Designs in England which could not be done without a Secret League with France and without a very express assurance of being vigorously supported from thence when the nick of time should come 7. His flying to France and secret conspiring with the great Leviâ—tâ—an there and bringing French Aids with him into Ireland are no other than the putting the Secret League into Execution Many more Proofs may be produced but what has been said may convince any rational unprejudiced Protestant As for those Pharisees that wilfully shut their Eyes of whom we may say That seeing they see and do not peeceive because they are resolved not to yield to the most convincing Evidences that this Affair is capable of for the Parties concerned will hide it as much as they can I bewail their Condition and believe they are so obstinate that only the French Dragoons those booted Apostles can convince them when they come with the League in their Hands to put the Popish Penal Laws in Execution on their Backs from Neâ—gaâ—e to Tybâ—â—n The REASONS why the late K. James would not stand to a Free and Legal Parliament proposed to those that are fond to have him again WHEN the Prince of Orange now our Gracious King his Glorious Expedition was first made known to the late King he resolved to have a Parliament upon the Belief that he should have been intirely Master of the Lower House by Reason of the Regulations he had made in Corporations in order to his Popish Designs But when he was forced to take other Measures as he told the Dissenters when he sent for them in the time of his Distress in restoring the Charters the Bishop of London the Fellows of Magdalen-Colledg c. He dreaded nothing more than a Parliament on the old Foundations to which the Prince in his Declaration had referred all for he knew several things would have been done by such a Parliament that he chose rather to perish than submit to 1. The first thing is The Examination of the Birth of the Prince of Wales as he is call'd the questioning of which was a Stab at his Heart as appears by his last Letter And the Reflections on the Bishops Petition mentioning That as a Business not fit to be referred then to a Parliament 2. The next thing was That Justice would certainly have been demanded against the Evil
Counsellors whom he had pardoned and was in Honour bound to protect them having himself forced them to be Criminals 3. The third was The consenting to the entire Ruin of Popery in England by hanging many of his Priests and Jesuits and banishing all the rest and pulling down all the Schools and Chappels they had erected all over England a sure Sign they were built upon an Immortal Prince of Wales though this was done before by the unaccountable Zeal of the Mobile 4. He foresaw such a Parliament would not only damn the Ecclesiastical Court that Beast with seven Heads and the Dispensing Power but would in all probability lessen his Revenue and bind up the Prerogative which his great Spirit could not bear 5. The Prince he foresaw would have demanded some Forts to be put into his Hands and the Parliament for their Security so said he If I stay I shall be but a Nominal King of England and only be an Instrument to ruin my Religion my â—riends the Monarchy and the Child also At first he alledged That the Disorders the Preparations to repel the Invasion caused would not suffer a Parliament to meet Secondly After the Prince was landed that all the Countries he had under him would not be free Thirdly That all that had joined with him ought not to sit but when he saw the whole Army and Nation the Roman Catholicks excepted of the same mind mere Force drove him to consent to Call a Parliament and when he had again considered the Consequences of it he at last resolved to throw up the Crown and Government all at once rather than to submit to all these Hardships He seems to have had at the same time a fluttering hope that 1. We should never be able long to agree after he had made it impossible for us to have a Legal Parliament by burning the Writs 2. That the Church of England Principles would when the fear and disorder was over form for him a potent Army in the Nation And 3. That the French King would lend him potent Forces and good store of Mony and if he recovered the Throne by force he should be freed of all these Miseries and have what he only wanted before a Popish Army to insure the Slavery of England for ever Now I would desire those Protestants who pretend now too late to be so zealous for him to consider whether what I have said would not have been expected from him by them for their Security and what they would have done had he called a Parliament and refused them all these things and have insisted That they should have taken his Word as to the Birth of the Prince of Wales have suffered him to have been educated in France and have suffered the Army the Prerogative the Ministers and the Revenues to have continued entirely as they were upon a Promise He would have used them better for the future If they say No They would have had the best Security that Law or Reason could have required Then all the hard things I have mentioned must have been granted them and I much question whether he would now return to the Throne on those terms If they say We ought however to have treated with him have offered him terms I say it would have come to a separate Treaty and the Church the Liberties of the Nation and the Government would have been ruined that way and when all had been done no Bond that he could have broken would have held him longer than the Necessity had continued The only Advantage we could pretend to have by the coming over of the Prince of Orange with an Army was to force the King to what he would never have yielded without that Force Now when he had accordingly passed his Word to the Nation in the Proclamation of the Thirtieth of November That there should be a Free Parliament and to the Prince of Orange in his Message by the three Lords That he would consent to every thing that could reasonably be required for the Security of those that come to it and yet without any Provocation would burn the Writs and resolve to withdraw his Person before these Lords couâ—d possibly return him any Answer for he promised the Queen to follow her who went away the day before him I say this breach of his Word so solemnly made and given both to the Nation and the Prince shew that he was not Master of himself but turned about by others whither they pleased Now suppose the Prince had suffered him to continue at Whiteâ—al and to call a Third Parliament what aâ—surance could he have given that in the end of another forty days we should not have the same trick play'd us and then in March or April have been left in the same state of Confusion we were in in December to the certain Ruin of these three Kingdoms and Holland into the bargain And when all had been done the Scruples would have been the same they are now the Obligations of the Oath of Allegiance the same and the sin of Deposing a Lawful Prince who resolved to do the Nation no Right would have been much greater and more scandalous than barely to take him at his Word and since he had left the Throne empty when he needed not to resolve he should ascend it no more Lastly Suppose the Prince had been Expelled by the King Would the King have then granted us what he would not grant us now Would he not have Disbanded his Protestant Army and have kept the Irish Forces in Pay and have every day encreased them What Respect would he ever after this have shewn to the English Laws Religion or Liberties when he had no longer any thing to fear The memory of what happened after the Monmouth defeat though effected only by Church of England Men will certainly never be forgotten by others whatever the Bigots of this sort of Loyalty may pretend or say That Expression of the Lord Churchil's in his Letter That he could no longer joyn with Self-interested Men who had framed Designs against His Majesty's true Interest and the Protestant Religion to give a pretence by Conquest to bring them to effect ought to be seriously considered by all the Protestants of the Nation This one Argument prevailed upon him when he ran the hazard of his Life Reputation and Fortunes and now they are all on the other side I should consider very seâ—iously if I were one of them what Answer I could make to this turned into a Question in the Day of Death and Judgment before ever I should Act the direâ—t contrary to what he has done For my part I am amazed to see Men scruple the submitting to the present King for if eveâ— Man had a just cause of War he had and that creates a Right to the thing gained by it the King by withdrawing and disbâ—nding his Army yielded him the Throne and if he had without any more Ceremony ascended it he had done no more
without Consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. Iames the 2 d having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretending Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or Questioned in any Court or place out of Parliament That Excessive Bail ought not to be required nor Excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviver of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joint Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God. I A. B. do swear That I do from my Heart Abhor
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books
to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon â—ame and defective Probation as particularly the late Earl of Aâ—gyle are contraiâ— to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burgâ—s contrair to the Liberties and express Charters is contrair to Law. That the sending Leâ—ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the â—ending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of Free Quarter is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrair to Law. That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrair to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances and for the amending strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted And from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland Be and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt Lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King WILLIAM and Queen MARY So help me God. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses