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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38644 An Essay upon the original and designe of magistracie, or, A Modest vindication of the late proceedings in England by one who hates rebellion and tyranny. 1689 (1689) Wing E3301; ESTC R29794 9,556 16

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than Tyranny and a wounded head is better than none at all What is objected against this Opinion from the Old and New Testament is very judiciously refuted by the Author of the Inquiry into the measures of Submission The second Argument is taken from the Oath of Allegiance which Subjects swear to their Prince whereby they engage never to rise in Armes against him To which it is answered that this Oath is accessory to the Contract agreed on betwixt the King and People and so must follow the nature of its principle The Nature of all Contracts is Obligatory on both parties so that if one of the parties fail in the performing his part the other is loosed from his Obligation As it s in this case the People Devolve the power on the Prince upon certain conditions expresly specified The accepting of a Crown on such Terms binds the Prince to perform the Conditions if he does not perform them he ineffect renounces his Right and tacitely consents that it return to those who bestowed it Lawyers say that Contracts can only oblige Equals and therefore no paction betwixt King and Subiect can be binding there is no force in this Argument if we advert that when this Stipulation was made the Prince and Subjects were equall and were only distinguished after the power was conferred Thirdly They instance that this does not bind the Successior to which its answer'd that the Prince engages for himself and Successors who if they would reap the advantage from their Predecessors must have also the disadvantage of being tyed to the same Rules they were adstricted to But for the further security none is admitted to the Government till they take the Coronation Oath Fourthly They upbraid us with the example of the Primitive Christians who suffered the persecution of Heathen Emperours with the greatest Moderation and Patience I do admire as well as they the Constancy patience and other Vertues which these Holy Men were endued with but their case and ours is quite different Paganisme at that time was established by Law and Christianity condemned the Professors whereof suffered as the Disturbers of the publick Peace but blessed be GOD the Law is now on our side and our Religion is become a great part of our Property and the peace of our Country does very much depend on the preservation of it besides if the Christian Religion had been propagate by Arms its Worth had been diminished and the Reputation of the first Founders of Christianity had very much suffered whereas the Morality and Justice of all its Precepts the Holiness and Purity of its Doctrine were of sufficient Efficacy to recommend it and the Constancy and Resolution with which the first Christians suffered Martyrdom were strong Motives to convince the Pagan World of the truth of it But in our Christian common Wealth where there are no moe Heathens to convert as the robbing us of our Religion would be the highest Act of in justice So the parting with it tamely would argue the greatest Stupidity and inconcernedness at men can be capable of The only Difficulty that remains is who shall be Judge of the Princes Actions to know when he is a Tyrrant and when not if it were allowed to the Prince Himself He would be too partial if we should constitute a Right in the People they would be too apt to misconstrue the Princes Actions which should ever receive the most Benign Interpretati●n that the Subject can admit So that to shun bo●h Inconveniencies the Controversie must be decided by the Laws of the Kingdom There is just such a Plea betwixt the Church of Rome and the Protestants concerning a Judge of Controversies they contend for the Pope as Christs Vicar and reject the Scriptures which we believe are the only Rule of Faith and that in them all things which relate to Salvation are clearly set down so that these of the meanest capacities may easily understand them In a Politick State the Supreme Magistrate is Sworn to Rule according to the Fundamental Laws of the Kingdom which we must suppose are known both to King and People because they are a Rule to direct the Government of the one and a measure of the obedience of the other and were fairly enacted at the first constitution It s true indeed that if a Law made by the Civil Power contain any obscurity The sole power of Interpreting that Law belongs to the Lawgivers but we must imagine the Fundamental Laws full of perspicuity and except there be a notorious Violation of them resistance can never be lawful What has been said on this general Head will not answer the design of this paper if it cannot be applyed to the present State of Affairs in England For it is of no purpose to prove that Tyrrany is to be resisted by Arms unless we make it appear that the English Government had altogether Degenerate into Tyranny and that the taking up of Arms under the Auspicious conduct of his Highness the Prince of Orange was no rash Act but done after matture Deliberation and withal the circumspection that an Affair of so great Importance did require The great and earnest endeavours to have the Bill of Exclusion past did sufficiently evince what fears and Jealousies the Parliament had of the danger to which their Religion and Liberties would necessarly be exposed under a Popish Successor His Majesties behaviour since he came to the Crown has clearly demonstrate that these Fears were not groundless for not being con●ent to Introduce the Popish Religion so much contraire to Law He hath endeavoured to alter the whole frame of the Constitution and swallow up all our Liberties and Priviledges in an Arbitrary and Despotick Power 1. The first step was made against the freedom of Parliaments which makes up a great part of the Government by their having a share of the Legislative Power lodged in them by their Issuing out Quowaranto's against all the Burghs and Corporations in England the most part of them either through fear or force did surrender their Charters to the King who placed such Magistrates in them as he was most assured of and by this means did altogether invert the freedom of Election 2. Nothing can be more contrary to Law then the erecting of Seminaries of Priests and Jesuits in all the Capital Cities of his Dominions yea such confidence hath he reposed in that Order that he hath committed the direction of his Conscience to one of its Fathers and was not ashamed to own himself a son of the Society 3. His pretence to a Dispensing Power was no mean breach of his Coronation Oath for by it he Usurped the whole Legislative Power And would have imposed on the People in procuring the Votes of the Twelve Mercenary Judges if they had not wisely foreseen the dangerous consequences and feared that his Majestie would farther oblige his Roman Catholick Subjects by Repealing all the Laws that were Enacted in Favours of the Protestant Religion It