That the Commons have not brought any one Man into trouble besides Papists but Men of known Loyalty and of the Church of England Addressing by repeated Instances in favour of H. who ought in our opinion to have been executed for Treason if guilty of no other Crime than his saying he could be back'd with Sixty thousand Men to stand by him for printing that Seditious Libel The Appeal How is Popery more dangerous than Presbytery either in Principles or Practice Suppose the first is for the King killing and Deposing Doctrine of which all her Professors are asham'd and therefore disown it as a general Tenet allowing it onely a probable Opinion of some private Divines And where have Princes felt the Effects of it as they have in Germany from the Anabaptists in France from the Hugonots in the Netherlands from the Geuses in Geneva Scotland and England from the Presbyterians For shame let 's give the Devil his due and not make him blacker than he is 'T was the Presbyterians of Scotland that made War against and banish'd their lawful Queen M. and began the Rebellion in 37. against King Charles the First 'T was these in England and not the Papists who fought in his defence that cut off this Princes Head But what if the Papists say An Heretick King may be excommunicate and depos'd and that every one is so that is not of the Church of Rome Does not the Presbyterian say the same in other words And is not the dogmatical Classis or Synod the sole Arbitrator and as Imperious and Infallible as St. Peter's Chair That Dominion is founded in Grace and That an Idolatrous King may be cut off and That a King is but the Peoples Officer or Trustee and if he fails in his Duty of which they alone are to be Judges they may resume their Grant and spurn him beside the Throne Put one anent the other the Hares Head against the Goose Giblets and Dee'l a Barrel better Herring will you find among all The Case is so plain I need not instance Authors especially in a private Epistle But let me see whether Knox or Buchanan's Disciples or any of your English Presbyter Followers can purge themselves and their Writings from these pernicious Principles Did not all the Popish Plotters lately executed not onely aver their own Innocence but deny the King-killing Doctrine Was not the contrary plain here with us in the several Risings of the Whigs And did not the Murderers of the Archbishop of St. Andrews as well as those just now by-past maintain the lawfulness of their Proceedings and chuse to die asserting the King was justly excommunicate and that it was doing God service to kill him rather than take their Pardon and disown those damnable Tenets and Doctrines of Devils What a stir all over your Nation has the Murther of a single Justice of Peace Sir E. B. G. made and even that by the Papists is not so very clear but that some doubt whether they were really the Authors But granting they were those that suffer'd for the Crime denied it with horrid Execrations and Asseverations of their Innocence and yet allowing them guilty that is much very much less than the barbarous Assassination of a Protestant the Metropolitan of Scotland the wicked Instruments of which the Presbyterians were so far from disowing it that they impudently gloried in that inhumane Act as a meritorious piece of Zeal and Devotion And is it not a smaller Guilt or Evil with the Papists to design the killing of a King than with the Presbyterians to have actually murder'd one of the best that ever sway'd a Scepter and with those Antichristian Zealots of this Kingdom of the same Herd to avow they would likewise gladly sacrifice our present Sovereign And yet what Prints or Pulpits have since inveigh'd against such Hellish Proceedings Was not this together with a form'd Rebellion of many thousands in the Field hush'd and pass'd over in very few days without noise wonder or abhorrence the Memory and Reproach of the other being still in the Mouths of all and freshest in theirs who were Partizans or of the same Principles with those of our Villany Away away Man for shame let it not be said that the Presbyterians are not ee'n as black as the Papists Suppress both or neither 'T is best policy to set them anent each other for a Balance If I did not hear from all hands the Insolence of the Presbyterians and with trouble read many of the Printed Votes and the Ballads on the Bishops for voting against the D's Exclusion I should believe that your present Fears and Disorders in England did proceed from apprehensions of Popery but by many Arguments I am convinc'd That the D's private Opinion is but made the Stale to wreak their Malice against the Kingly Government and that Passion more than Reason does influence your Countrymen For I pray consider Is not Faith the Gift of God Can any Man believe what he pleases And who knows whether the D. was ever of the Church of England Did not the late Rebellion force him to fly into a Popish Country in his Youth And is it not next to impossible to remove Prepossessions especially considering the Unity Antiquity and Universality of that Church wherein all the English Orthodox Divines allow Salvation Can any Man change his Complexion alter the figure of his Face the stature of his Body the colour of his Hair or of his Skin Is not the Jaundice a Disease in the Eye that needs the help of Physick And is not Errour or Weakness in the Understanding a Distemper also that requires the Assistance of a Physician And what Remedy can be proper but gentle Arguments and the persuasive Arts of Discourse and sober Reasonings Persecution makes some Men those of great Souls obstinate and others of little Hypocrites But what Law enacts That an Opinion in the disputable Parts of Religion ought to deprive a Man of his Right to Inherit Wou'd any of your Phanaticks I am sure none of our Whigs wou'd hold their tongues if treated so severely Equality of Justice is that alone which upholds a State and makes a Kingdom happy And why must there be all this stir about the D. when 't is more than probable he may not survive his Brother for whose long Life I am persuaded he as well as all honest Subjects does heartily pray But if he should pray why if a Papist must he more than the French King or other Popish Princes destroy his Subjects To do so would be against his Interest if a Turk or an Atheist The Case wou'd not then be what it was in Queen Maries days Those Laws by which Men suffer'd and yet in her Six years there were not Three hundred and few of them too purely for Religion are abrogated the Body of the People were then more Papists than now Protestants and no new Laws can be made without a Parliament out of which as well as out of
day continue the veriest Slaves in Nature And I pray why must we run all this hazard to secure Religion If that be the thing it may certainly be done by binding up the hands of a Popish Successor by such Laws as will make it Felony or Treason for a Papist to appear at Court or bear any Office and put it out of the Princes power to pardon such Offences or Offenders For my own part I see no cause to apprehend a Popish Successor especially the Duke would or could alter our Laws or Religion To attempt it would be for a Crown of Flowers to forfeit one of Gold and Jewels Has he ever offer'd to persuade any of his Children or his Servants to change their Opinions And why should we think a Man who has never broken his Word or Promise and ever professed nothing more than a Liberty of Conscience so restrain'd as might be consistent with Publick Peace should with his Fortune alter his Judgment contrary to Prudence and contrary to his Interest Kings are not now adays Priest-ridden and the King of England cannot be supposed to destroy his Subjects at their desires more than the Monarchs of France and Germany and other Princes of that Religion where Non-Papists or Protestants live under the Protection of Laws and enjoy their Liberties and their Fortunes Besides to offer by force to reduce all to the Church of Rome would be Folly and Madness Neither the Constitution of England nor Christianity will admit of propagating Religion by the Sword The next King not to mention that his Subjects in the Three Kingdoms will be above Two hundred Protestants for One Papist will not have the Fourth part of the present King's Revenue which being insufficient for the necessary Expences of the Crown will necessitate him to have recourse to and compliance with his People in Parliament But now consider the Issue If it please God after this Bill pass'd in some short time to take the King to himself the Princess of Orange perhaps in complement to her Father and to prevent a War may refuse and her Husband cannot come to the Throne if she decline it others being before him What then the next after cannot come in must the Duke then No that 's against Law Here will then be no King consequently Anarchy and Confusion But if the Princess do assume the Crown and after that the Duke have a Son and he bred up in the Protestant Religion what will then follow Still a War The Princess will be unwilling to resign and yet the other is most certainly King But if this young Prince should during his Fathers Life or his Sisters be kept out he or his Issue after contending with that of the Princess will entail a War upon the Nations So that upon the whole if the Duke out-live the King I see nothing but Misery and Desolation like to ensue upon his Disinherison And therefore I say 't is fitter to wave the Act wholly or endeavour by proving him guilty of the Plot by sufficient Testimonies to take away his Life For if we cannot be safe if he succeed I am sure we cannot if he out-live our present Sovereign a Bill of Attainder will be of no force the best Lawyers will tell you the Descent of the Crown washes that Stain away A Project of Divorce whisper'd between the King and Queen will not be sufficient Security for if that should take which is not probable because Christianity forbids it yet it 's possible the King may have no Issue by a new Consort or if he have that the most will look on them but as Illegitimate and so as a questionable Divorce once brought us from the Church of Rome in Henry the Eighth's days another may return us thither during or soon after the Reign of CHARLES the Second And here I would have it remembred That the Nature of Parliaments requires their intermedling onely with what the King shall propound or approve He calls them to advise and deliberate as Counsellors not to impose upon him in any Particular Let therefore the Spirit of Moderation govern and direct their Counsels put an end to the Plot by trying the Accused It has lost England in its Trade already Six Millions as has been lately computed by knowing Persons encreased our Jealousies and Fears at home made us a Scorn and Reproach abroad and exposed us to be a Prey to the Designs of Forreigners Let not the Ambition Malice or Revenge of any of our Fellow-Subjects prevail to the enslaving our selves and our Posterities If the Power of the Commons grow exorbitant the Lords are with the King to counterpoise it to prevent the otherwise not avoidable Ruine of the Commonwealth To the Lords then this Address is humbly submitted praying they would betimes consider all the fatal Consequences of the Bill of Exclusion The love of Truth and Justice Courage and the practice of those Vertues in this great Affair are the onely Preservatives of Englands present Peace and future Happiness Faelix quem faciunt aliena pericula cautum Remember what 's past and then I shall not need to add more than this Verbum sapienti As for others guided or misled by Ignorance Malice or Interest I can onely say with the Poet Quid cum illis agas qui neque jus neque bonum atque aequum sciunt Melius pejus prosit obsit nihil vident nisi quod lubet And therefore I leave them to Time for a better Temper to the Conduct of their own Reason and God's Providence for the Cure of their Folly and for a better Understanding Since I finish'd this Discourse the following Letter came to my hands and believing it as advantageous to the Publick as it is Ingenious I have resolved to add it that those who might repent the Charge of the former may be recompenced by the latter SIR I am griev'd at my very Soul and infinitely asham'd to find by your last that any make the Supposition of the D's being a Papist and consequently unfit to Govern the pretence of running so high against the Monarchy and that so many are drawn into this violent Course and Faction upon the surmise of his being if once offended irreconcileable I shall in few words return you my Opinion on these two Points I cannot indeed but look on both as meer Artifices of ambitious Men who missing a share in the present Constitution contrive another Government I wish I had not too much cause to say It will at last end in a Commonwealth For if nothing were in their Heads but securing the Establish'd Religion they would not oppose Popery alone but Presbytery equally with the other destructive of That for which they do not onely open a gap but for the Opinions of all other Sectaries And we cannot here but observe with astonishment and with Resolutions which have put us upon Preparations of sticking by our Sovereign against all manner of insolent and rebellious Practices whatsoever
ENGLANDS CONCERN IN THE CASE OF His R. H. LONDON Printed for H. R. in the Year 1680. ENGLANDS CONCERN IN THE Case of His R. H. HAving seen and read all the Pamphlets for and against the Power of Parliaments in the Right of Succession I cannot but conclude both Sides mistaken in the Main and to have wilfully or ignorantly past-over or wrong stated the Chief part of the Question which was not what the Parliament meaning King Lords and Commons could do by vertue of their Might or Power but What in Justice or Prudence they ought to do in the Case of His R. H In the first Notion no man in his wits can dispute that the stronger joyning against the weaker have not power to do what they please But this being a Right of Nature to which both Parties are equally entituled and both upon entring into Society have renounced or changed for an Artificial Right or Power that of the Magistrate or Community cannot fall within the limits of the Question because it can never be made use of without running into a State of War putting an end to all Society and with Ismael having ones hand against every man and every mans hand against him And therefore in the second Notion this Controversie is to be taken viz. What in Justice by the Laws in being or since the Instance is extraordinary What in Prudence in Reason the Parliament may do For this being the Supreme Judicature must not want a sufficient Authority in any Case that can possibly happen We must then inquire Whether some Actions of the D. have been obnoxious and censurable and if found so What is their proper or condign Punishment In order to which 't is to be premised That nothing in its own nature is or can be Penal or censurable in foro humano but a Transgression of some positive Institution of the Common-wealth or a Deviation from the Dictates of Right Reason Now the Crime objected but never yet proved nor consessed is the D's going over from the Protestant to the Romish Church This is the Trojan Horse that ruines our City for in its Belly is hid a mysterious Consequence viz. That his doing so gave encouragement and was the occasion of the late discovered Popish Plot. The first part of this Accusation is a breach of the Laws of England the latter of those of Reason and all Nations and therefore punishable after the most severe manner But before Sentence or Execution 't is to be observ'd That not onely our own but the Laws of all Countries require not onely the Criminal's Conviction but that his Sufferings be commensurate to his Offence This last must be known by the stated Measures the Rules of the Society and Country the former is built upon the same Foundation and necessarily supposes a Legal Process and sufficient Evidence Both are wanting in this of the D. he having never been summoned to appear nor Witness produc'd to prove him guilty For who can say he has chang'd his Religion or that if he be now a Papist he has not been so ever since he came to the use of Reason since he was forced to fly to avoid the Effects of the late Rebellion If that be so who are most in the fault those who occasioned this Evil or he that suffered himself before his years enabled him to understand better and to chuse to be persuaded that was not the truest Religion that authoriz'd such Impieties as Christianity forbids If this be his Case he is not liable to the Pains of Treason pronounced against the Perverters and Perverted to the Romish Communion But to wave Disputes allowing it were otherwise yet the Statute of General Pardon enacted in the year 1673 has so acquitted him from all guilt that on this Foot he now stands rectus in curia innocent before any Earthly Tribunal But as to the Consequence That his being reconciled to Rome has given occasion and Encouragement to the Plot I can onely say That he cannot in reason be blam'd on that account if it be not proved he intended and designed that horrid Contrivance 'T is the End and Intention that justifies or condemns any Action and neither Father nor Mother are to be censured that a Monster happens to be the Issue of a Marriage-bed This being accidental for so it must be granted till the contrary be made out can no more be imputed to his R. H. without madness or folly than it can to God without Blasphemy or Irreligion That by his making Man he is the Authour and Cause of Sin and all the Evils under Heaven I am unwilling to mention what I have seen in Print to wit That the D. of York's being a Papist has given birth and life to the Plor because this is so inartificial and illogical an Inference or Conclusion that I am persuaded the Authours will be ashamed of the Ignorance or Malice it betrays An Assertion that has neither Sence nor Wit nor more force than the Old Wives Story The Cat wash'd her Face a Sunday therefore it rain'd a Munday or any other such impertinent or senseless Saying Indeed if this could be made appear I think it a Crime of so foul a nature that nothing less than Death not Disinherison could satisfie the Justice of the Nation But from this the D. is acquitted by Mr. Oates and Mr. Bedloe even in his last words clears him from having any knowledge of the Design against the King's Life in which and in the bringing in Religion by the Sword of which his R. H. is not accused the Treason or Conspiracy doth consist And being freed by these two by whom else has he been accused By Mr. Dangerfield As to this tell me what you think when you reflect that he gave in his Depositions to the late Lord Mayor and to the King and Council the first and seventh of November 1679. and upon Oath declared so often he had nothing of further Discovery or Additions What credit will you then give his late new Accusation before the House of Commons of the D. Lord Privy-Seal Earl of Peterborough and Lady Powis Whatever the Infamy of his Person and the former Actions of his Life would signifie this alone in my opinion would invalidate his Testimony in all matters with Men of Honour or of Conscience So that upon the whole matter from what does hitherto appear the printed Narratives and Letters to and from Popes and Cardinals c. I am not afraid to avow That excluding the D. his Right of Succession is contrary to the Laws of God and of this Kingdom expressed in Magna Charta and agreeable to those that give every man his due Liberty of Person and Descent of Inheritance and all the Advantages of Birthright Blessings every Freeman has in common with the Prince and if the greater be thus outed how shall the less be secured and to the Rules of Reason which forbid the doing any Action that in its consequence will