Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us We change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered First All general Words how large soever are still supposed to have a tacit Exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there seems to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the Renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maiâ—tain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who mâ—de that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by Consâ—quence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince cloâ—hed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annâ—ls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchial Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Maleversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we may have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the
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
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
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
tugging and strugling to regain them whence continual disturbance will ensue and a standing Army must be kept on foot to support this ill acquired Grandâ—ur For those Subjects that contended with King Iohn and King Henry the Third c. tho' they were Papists and of the same Religion with those Princes could not brook it to be Slaves to their Arbitrary Pleasures in their Civil Rights Besides what a waking dream is it for any King that is free from the Roman Yoke to think to make himself more Absolute by involving himself and his Kingdoms in Thraldom to the Church of Rome wherein not only the Pope pretends a Right to domineer over him but every Ecclesiastick esteems himself wholly exempt from his Jurisdiction and all his People will be but half his Subjects viz. in Temporals for in Spirituals and in ordine ad spiritualia a monstrous draw net that may include almost all the Actions of Humane Life they are wholly to be Conducted by his Holiness and his Subordinate Ministers How therefore can your Highness if a Roman Catholick complain of the late successive Houses of Commons for pressing a Bill to exclude you Is it any Disloyalty to endeavour to preserve the Imperial Crown of England from a truckling and shameful Servitude to a Foreign Usurper's Power Or is it any such unheard of thing to debarr a Prince from a Throne that hath obstinately disabled himself Certainly above all Men the Roman Catholicks ought not to murmur at this for did not the Pope issue forth a Bull to exclude your Grandfather King Iames unless he would turn Papist And did not the Romanists though they acknowledged the Title of your other Grandfather Henry the Great to the French Diadem yet refuse to pay him any Obedience because a Protestant and on that only score fought against him as long as he continued so and thought it no Rebellion Your Highness perhaps will say What though they did so true Protestants and the Church of England do not own such Principles Well then if the Protestant Principles be better than those of the Church of Rome what Madness is it in your Highness to abandon the first and chuse the latter I am a dutiful and hearty Lover of Monarchy and when establish'd on such an Equi-pois'd Basis of Wisdom as ours is shall ever assert it to be the best Form of Government in the World and most agreeable to the Genius of English-men But that lineal descent is so sacred a thing that the Heir presumptive can for no default or crime whatsoever be debarr'd from the Crown by an Act of Parliament or publick Decree of State I do not understand For I am sure the practice in all Ages both at home and abroad in almost every Nation in the Earth hath run contrary And as to Right those that pretend such Succession in all Cases to be Iure Divino would do well to shew in what Texts of Scripture the same is prescribed till then they do but talk not argue and if a Candidate to the Crown for any Reasons whatsoever may without offence to the Law of God or Nature be Excluded by an Act of King Lords and Commons Then the Iune-divino-ship vanishes and nothing is left to be considered But whether such next Heir have done such Acts or is so qualified that in Prudence it be necessary for the Tranquillity of the Publick to Exclude him Now I believe there are but few of the Church of England but if the Bill had passed the Lords and his Majesty had given his Royal Assent to it would have acquiesc'd therein and consequently they do not believe the Exclusion to be simply unlawful by the Law of God or Nature for against either of them no Humane Ordinances ought to prevail But all true Loyalists do not despair but your Highness may yet prevent all Occasions of such Disputes by opening your eyes or rather that God in whose hands are the Hearts of Princes may irradiate your Royal Understanding and let you see the horrid Blackness of those Men who have endeavour'd to seduce you and of those Principles to which they would have inveigled you on purpose to have made your Highness a Property to their Ambition and Avarice and that under the shadow of your Illustrious Name they might one day Tyrannize at Pleasure over these Three Kingdoms If Heaven shall be pleased to work such an happy Inclination in your Highness you shall presently see the whole British Empire echoing with Praises and Acclamations and instead of murmurs of Seclusion every good Subject shall erect you a Throne in his heart But the grand difficulty will be to satisfie the prejudiced World of your sincerity herein for if your Highness which God forbid should declare your self a Protestant only to serve a present turn and use the Sacred Name of our Religion but as an Engine to advance the design of our bloody Enemies you would act at once the most dishonourably and in the end most prejudicially to your own Interest in the world and must certainly expect the blasts of Heaven and curses of Earth on all your future proceedings for Hypocrisie is odious to God and Man nor is there any Monster so abominable to serious Men of both sides as a Church-Papist Your Royal Highness I hope will excuse our fears for we are not ignorant of the Arts and Craft of Rome that she esteems no means unlawful to obtain her ends How shall any Oaths be sufficient Tests when a private dispensation may at once allow the taking and warrant the breaking of them Or what signifies the participation of our Sacraments to one that is taught We have no true Ministers of Christ if so no consecration consequently nothing but an ordinary Breakfast of common Brâ—ad and Wine and who shall lose the hopes of three Crowns rather than not taste such harmless viands Not that I dare imagine your Highnesses Understanding would suffer you to believe the lawfulness or your Princely Generosity permit you to practise these lewd dissimulations yet since such Doctrines are daily taught in the Roman Church how shall Protestants be assured they have no Influence on your Conduct I must therefore with all humble freedom assure your Highness that after so general an Opinion of your Highnesses having been a Roman Catholick though you should go never so duly to Church receive the Sacrament a thousand times and take Oaths all the way from Holy-rood House to St. Iames's yet the People would scarce believe the reality of your Conversion unless withal they see it accompanied with some other Demonstrations For as Faith without works is dead so Profession of a Religion without agreeable endeavours to advance it will be vain If his Royal Highness will the People say be a good Protestant he will undoubtedly discourage all Papists the sworn inveterate Enemies of our Religion he will not suffer a Popish Priest to approach his Person or Palace If he have had any intimation of
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
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
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
Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next Thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it being above three Years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the Electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threating and Turning out of all Persons out of Imploiments who had refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly chuse the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no legal Officers and by consâ—quence those Elections that pass under their Authority are null and void If I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particuâ—ar Laws made in K. Charles the First and the late King's Time securing them from all Commissions that the King can raise for â—udging or Censuring them If then in opposition to this a Court so condemned is ercted which proceeds to Judg and Censure the Clergy and even to disseise them of their Free-holds without so much as the form of a Trial though this is the most indispensable Law of all those that secures the Property of England and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him If likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuncio's from thence which is plainly Treason by Law If likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Iesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State And if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Imploiments both Military and Civil then it is plain That all the Rights of the Church of England and the whole Establishment of the Protestant Religion are struck at and design'd to be overturned since all these Things as they are notoriously illegal so they evidently demonstrate That the great Design of them all is the rooting out of this Pestilent Heresy in their stile I mean the Protestant Religion In the next place If in the whole course of Justice it is visible that there is a constant practising upon the Judges that they are tâ—rned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are â—ut in their places If an Army is kept up in time of Peace â—â—d Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a Rape upon all our Liberties and a Destruction of the Nation If I say all these things are true in Fact then it is plain that there is such a Dissolution of the Government made that there is not any one part of it left sound and entire And if all these things are done now it is easie to imagine what may be expected when Arbitrary Power that spares no Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Benevolences and all sorts of Illegal Taxes as from the other we may expect Burnings Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Paâ—liament that passed in K. Iames I. Minority though they were ratified by himself when he came to be of Age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in Execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain that not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the Hands and Power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island and for the
Theologian and will seem to be a good Bishop and to have a great care of his Diocess and would heretofore seem a great Preacher I have hinted in my last the Reasons why I cannot altogether like him which are needless to repeat The Arch-bishop of Paris is always the same I mean a gallant Man whose present Conversation is charming and loves his Pleasures but cannot bear any thing that grieves or gives trouble though he is always a great Enemy of the Iansenists which he lately intimated to Cardinal Camus He is always with me in the Council of Conscience and agrees very well with our Society laying mostly to Heart the Conversion of the Protestants of the three Kingdoms He also makes very good Observations and Designs to give some Advice to your Reverence which I shall convey to you I do sometimes impart to him what you write to me My Lord Kingston has embrac'd our good Party I was present when he Abjur'd in the Church of St. Denis I will give you the Circumstances some other time You promised to send me the Names of all Heretick Officers who are in his Majesty's Troops that much imports me and you shall not want good Catholick Officers to fill up their places I have drawn a List of them who are to pass into England and his most Christian Majesty approves thereof Pray observe what I hinted to you in my last on the Subject of the Visits which our Fathers must give to the Chief Lords Members of the next Parliament those Reverend Fathers who are to perform that Duty must be middle-aged with a lively Countâ—nance and fit to perswade I also advised you in some of my other Letters how the Bishop of Oxford ought to behave himself by writing incessantly and to insinuate into the People the putting down the Test and at the same time calm the Storm which the Letter of Pentionary Fagel has raised And his Majesty must continue to make vigorous Prohibitions to all Booksellers in London not to print any Answers as well to put a stop to the Insolency of Heretick Authors as also to hinder the People from reading them In short you intimate to me That his Majesty will follow our Advice It 's the quickest way and I cannot find a better or fitter to dispossess his Subjects from such Impressions as they have received His Majesty must also by the same Declaration profess in Conscience that if complied with he will not only keep his Word to maintain and protect the Church of England but will also confirm his Promises by such Laws as the Protestants shall be contented with This is the true Politick way for by his granting all they cannot but consent to something His most Christian Majesty has with great success experienced this Maxim And though he had not to struggle with Penal Laws and Tests yet he found it convenient to make large Promises by many Declarations for since we must dissemble you must endeavour all you can to perswade the King it is the only Method to effect his Design I did also in my last give you a hint of its Importance as well as the ways you must take to insinuate your selves dexterously with the King to gain his good Will. I know not whether you have observed what passed in England some Years since I will recite it because Examples instruct much One of our Assisting Fathers of that Kingdom which was Father Parsons having written a Book against the Succession of the King of Scots to the Realm of England Father Creighton who was also of our Society and upheld by many of our Party defended the Cause of that King in a Book Intituled The Reasons of the King of Scots against the Book of Father Parsons And though they seem'd divided yet they understood one another very well this being practised by order of our General to the end that if the House of Scotland were Excluded they might shew him who had the Government the Book of Father Parsons and on the other Hand if the King happened to be restored to the Throne they might obtain his good Will by shewing him the Works of Father Chreighton So that which way soever the Medal turn'd it still prov'd to the advantage of our Society Not to digress from our Subject I must desire you to read the English Book of Father Parsons Intituled The Reform of England where after his blaming of Cardinal Pool and made some observations of Faults in the Council of Trent he finally concludes That suppose England should return as we hope to the Catholick Faith in this Reign he would reduce it to the State of the Primitive Church And to that end all the Ecclesiastical Revenue ought to be used in common and the Management thereof committed to the care of Seven Wise Men drawn out of our Society to be disposed of by them as they should think fit Moreover he would have all the Religious Orders forbidden on Religious Penalties not to return into the Three Kingdoms without leave of those Seven Wise Men to the end it might be granted only to such as live on Alms. These Reflections seem to me very judicious and very suitable to the present State of England The same Father Parsons adds That when England is reduced to the True Faith the Pope must not expect at least for Five Years to reap any benefit of the Ecclesiastical Revenue but must leave the whole in the hands of those Seven Wise Men who will manage the same to the Benefit and Advancement of the Church The Court goes this day for Marli to take the Divertisements which are there prepared I hope to accompany the King and will entertain him about all Business and accordingly as he likes what you hint to me in your Letter I shall give you notice I have acquainted him with his Britannick Majesty's Design of building a Citadel near Whitehal Monsieur Vauban our Engineer was present After some Discourse on the Importance of the Subject his Majesty told Monsieur Vauban that he thought it convenient he should make a Model of the Design and that he should on purpose go over into England to see the Ground I have done all I could to suspend the Designs of our Great Monarch who is always angry against the Holy Father both Parties are stubborn the King 's natural Inclination is to have all yield to him and the Pope's Resolution is unalterable All our Fathers most humbly salute your Reverence Father Roine Ville acts wonderfully about Nismes amongst the New Converts who still meet notwithstanding the Danger they expose themselves to I daily expect News from the Frontiers of the Empire which I shall impart to your Reverence and am with the greatest Respect Yours c. Paris March 7. 1688. 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 of the next Parliament THE Credulity and Superstition of
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
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
'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
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
the Act and Oath of Council that such Confession should not militate yet they have brought it in as Evidence and given it upon Oath when their former Act and Oath was produced in open Court in Demonstration of their Perjury They used frequently to pack Juries picking out such as they thought any thing tender and not bloody enough and sometimes listed some who they concluded would not concur that thereupon they might get occasion to exact their Fines Sometimes when the Jury hath brought in their Verdict in Favour of the Pannal they have made them return and resume the Cognition of the Process again and threatned them with an Assize of Error if they did not bring him in Guilty yea frequently the Advocate theatned them under most peremptory Certifications if they found not the Impannalled Guilty so that their using Juries was but for the Fashion They have sentenced innocent Persons twice once to have their Ears cut off and banished and after the lopping of their Ears they have re-examined them and sentenced them to Death They used to stage several together of whom they knew some would comply to tantalize others with the sight of their Liberty thereby tempting them to bite more eagerly at their snaring Baits to wound the Conscience They have not only Murdered many innocent Christians in taking their Lives but also endevouâ—ed to Murder their Reputation and the Cause they owned loading it with most reproachful Epithets which was their peculiar Policy to bring the Heads of Suffering to Points most obnoxious to common Censer and most Extrinsick to Religion cutting off the Faithful Professors of Religion and true Lovers of Liberty under the odium of Enemies to Government Some they arraigned whom they could neither reach by adducing many Witnesses against in Tryal nor by their Examination with their cruel Torture of the Boots yet hath had their whole Estate seized and also been sent to Pâ—ison in a Rock within the Sea without being convicted of any Crime They finding their means and motions under Colour of Law and Trials were too slow and troublesome to acquire their designed Cruelties and that the publick Executions tended more to confirm and multiply the Lovers of Religion and Liberty than to diminish and deter took a more compendious way of sending out thâ—ir Souldiers impowered to challenge and examine whom they pleased and to tender Oaths required by no Law and to punish such by present Death who refused to swear or scrupled to answer their ensnaring Qâ—estion which bloody Commissions were so faithfully Executed that within few Weeks above fifty innocent Persons were cruelly murdered in cold Blood without either Tâ—yal or Convâ—â—â—â—on or respeâ—t to Age or Sex. Although the Multitudes of Familâ—es ruined by Exorbitant Finingâ— Forfeitures Banishments Imprisonments Free quaâ—terings and Plunderings of Souldierâ— and Barbarities of their Highland Host the many cruel Edicts and Proclamations they have published the unlawful Bonds and wicked self-contradicting Oaths imposed and pressed the many Exactions whereby they have impoverished the Country the many open Oppressions horrid Tortures and Cruelties practised upon Innocents the multitudes of Persons Male and Female whom they have Murdered Persecuted Oppressed and Destroyed are so many and various that they cannot be collected Yet some have been at no small pains to gether as much of these as when published in a Martyrology of these times which is purposed to be done with all convenient speed will give the World to know as well the Faithfulness Patience Courage and Constancy of these who suffered together with the Equity of their Cause as the Inhumanity Illegality and Severity of their Cruel and Bloody Persecutors The Late Honourable CONVENTION proved a Legal PARLIAMENT I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of settling the Government especially the Writs being destroyed and the Great Seal carryed away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Pâ—blick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth His Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in Fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Ch. the 2d had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17 th of that Sessions all the Judges allowed of this as an Act of Parliament tho' never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than halâ— the number of the Commons duly chosen in King Ch. the 2 d's time besides the great Body of the City of London being at least esteem'd a 5 th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Asâ—embled in Parliament that the Lords and Common then Sitting at Westminster in the present Parliament were thâ— two Houses of Parliament
notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
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
support an impoverish'd and sinking Nation Neither is this the only Inconveniency tho' it be a very great one for if we state our selves in opposition to England by Restoring the King whom they Rejected it is not to be doubted but he will use his uttmost endeavour to recover that Kingdom the loss of which is so considerable Now seeing it were vain to suppose that the Scots alone were able to second his desires he must needs have recourse to the French and Irish whose Religion will procure a more intire Confidence than His Majesty can repose in any others These therefore must be received into our Bosom and because Scotland is the most proper place for Invading England it must be the Scene of all the Blood and Confusion that this melancholly Thought gives us a Prospect of And what treatment can such Sham-Protestants expect from these who otherwise would have become their Friends and Allies And what Figure will they pretend to make when they set up for a separate Interest from all the Confederate Protestants in the World besides The happy Success the PRINCE his Enterprize has met with has made a considerable Alteration in the Affairs of Europe for that great Enemy of the Protestants and even of Christianity it self who had propos'd nothing less to himself than an Universal Monarchy whom the Strictest Leagues and Contracts cannot bind but without regard to GOD or Man threatens all his Neighbours with utter Destruction by the Scene 's being changed among us is so far humbled that from a Proud and Insulting Enemy he is become a Supplicant for Peace well foreseeing that if Britain join with those other Princes whom his Insolence Cruelty and Avarice has so justly Armed against him his Ruine is Inevitable So that if we have not Soul enough to enjoy this great Blessing and can easily part with the Glory of being once more the Arbiters of Europe let us at least have so much Christian Love and Charity for the Neighbouring Nations of our own Perswasion as not to expose them to a necessary Participation of these Plagues which our Common Enemies are preparing for us and which will certainly Terminate in all our Destructions Lastly I beseech you to consider what Persons they are who would Instill this Poyson in you and you will find them of three kinds First those who Postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Iustice and Mercy equally Flourish Virtue and Merit not Villany will be rewarded Secondly They who are ignorant of the Nature of Government and were never at the pains to inform themselves what Measures the Law of Nature and Nations have set to mens Obedience but are angry at every thing that thwarts their wild Notions and will admit of nothing tho never so reasonable and convincing if their dull Capacities cannot reach it The third sort are such as have been instrumental in the inslaving their Country and are afraid if they be called to an Account they may be brought to suffer Condign Punishment if such cannot succeed in their Design they at least hope to be overlook'd in a General Confusion so they have nothing unessayed that may tend to their own safety and if Heaven fail them they summon Hell to their Aid not that Love to their Prince but meer Ambition and Interest drives these Criminals to such Attempts neither are they much to blame if they are at such pains to sow Divisions among us But no Person of Wit and Iudgment nor any Good Man that is truly Protestant and minds the good of his Country will suffer himself to be so grosly imposed on by such Firebands who would build their Furture Imaginary Greatness on the Ruine of Our Religion Laws and Country The Grounds upon which the Estates of Scotland Declared the Right of the Crown of Scotland FORFAULTED and the Throne become VACANT I. BBcause King Iames the Seventh is a Professed Papist II. That the said King Iames did assume the Royal Power and acted as King without ever taking the Oath required by Law. III. That he hath by the Council of evil Men invaded the Fundamental Constitution of the Kingdom and changed it from a limited Monarchy to an Absolute and Despotick Power IV. Which Power he hath imployed to the Subversion of the Protestant Religion and the Violation of the Rights of the Subject And thereby V. Hath inverted all the Ends of Government The Opinion of two eminent Parliament-Men justifying the lawfulness of taking the Oaths of Allegiance to King William and Queen Mary I. FIdelity and Allegiance sworn to the King is only a Fidelity and Obedience as it is due to him by the Law of the Lands for were that Faith and Allegiance more than what the Law requires we should swear our selves Slaves and the King Absolute whereas by the Law we are free notwithstanding these Oaths II. When therefore by the Law Fidelity and Allegiance ceaseth then our sworn Allegiance ceaseth for if Allegiance might be due by the Oath to one Person whilst by the Law it ceaseth to him and becomes due to another Person the Oath then would oblige Men to transgress the Law and become Traytors and Rebels whereas the Oath is part of the Law and therefore ought to be so interpreted as may consist with it III. Fidelity and Allegiance are due by the Law to King William and not to King Iames for the Statute of 25 of Edward 3 d which defined all Treasons against the King and is the only Statute to that purpose now that Statute by the King understands not only a King de jure but also a King de facto tho not de jure against whom those Treasons Lie whence the Lord Chief Justice Hales in his Pleas of the Crown p. 12. discoursing of that Statute tells us that a King de facto and not de jure is a King within that Act and that Treason against him is Punishable tho the Right Heir get the Crown and that this hath been the common Sense of the Law Sir R. S. upon application to him about it hath assured us And according to another Statute 11 Hen. 7. ch 1. It is declared Treason to be in Arms against a King de facto such as Richard the 3 d was tho it was in behalf of a King de jure So then by the Law of the Land all things are Treason against King William which have been Treason against former Kings therefore the same Fidelity Obedience and Allegiance which was due to them is due to him and by Consequence may be Sworn to him by the Law of the Land. Allegiance and Protection are always Mutual and therefore when King Iames ceased to Protect us we ceased to owe him Allegiance by the Law of the Land and when King William began to Protect us we began our Allegiance to him These Considerations are in our Opinion sufficient to remove the Grand Scruple about the Oaths
manner following April 11 1689. THeir Majesties being come from Whitehal to Westminster and the Nobility c. being put in Order by the Heralds They came down in State into Westminster-hall where the Swords and Spurs were presented to them After which the Dean and Prebendaries of Westminster having brought the Crowns and other Regalia presented them severally to their Majesties which with the Swords and Spurs were thereupon delivered to the Lords appointed to carry them Then the Procession began in this manner Drums and Trumpets Six Clerks in Chancery two abreast as all the rest of the Proceeding went Chaplains having Dignities Aldermen of London Masters in Chancery Solicitor and Attorney General Gentlemen of the Privy Chamber Judges Children of Westminster and of the King's Chappel Choir of Westminster and Gentlemen of the Chappel Prebends of Westminster Master of the Jewel-house Privy Councellors not Peers Two Pursuivants Baronesses Barons Bishops A Pursuivant a Vicountess Vicounts Two Heralds Countesses Earls A Herald a Marchioness Two Heralds Dutchesses Dukes Two Kings of Arms The Lord Privy Seal Lord President of the Council Archbishop of York His Royal Highness Prince George of Denmark Two Persons representing the Dukes of Aquitain and Normandy Next the Lords who bore their Majesties Regalia viz. The Earl of Manchester St. Edward's Staff and the Lord Grey of Ruthin the Spurs The Earl of Clare the Queens Scepter with the Cross and the Earl of Northampton the King's The Earls of Shrewsbury Derby and Pembroke the 3 Swords Next Garter King of Arms between the Usher of the Black Rod and the Lord Mayor of London The Lord Great Chamberlain Single The Earl of Oxford with the Sword of State between the Duke of Norfolk Earl Marshall and the Duke of Ormond Lord High-Constable for that Day then the Earl of Bedford with the Queens Sceptre of the Dove and the Earl of Rutland with the King 's the Duke of Bolton with the Queen's Orb and the Duke of Grafton with the King 's the Duke of Somerset with the Queen's Crown and the Earl of Devonshire Lord Steward of his Majesties Houshold who was made Lord. High Steward of England for that Day with the King 's The Bishop of London with the Bible between the Bishop of St. Asaph with the Paten and the Bishop of Rochester with the Chalice Then the King supported by the Bishop of Winchester and the Queen by the Bishop of Bristol under a Canopy born by Sixteen Barons of the Cinque Ports His Majesties Train born by the Master of the Robes assisted by the Lord Eland Lord Willoughby Lord Landsdowne and the Lord Dunblaine and Her Majesties Train by the Dutchess of Somerset assisted by the Lady Elizabeth Pawlett Lady Diana Vere Lady Elizabeth Cavendish and the Lady Henrietta Hyde After the King a Gentleman of the Bed-Chamber and two Grooms of the Bed-Chamber and after the Queen a Lady of the Bed-Chamber and two of Her Majesties Women Lastly the Captain of His Majesties Guard between the Captain of the Yeomen of the Guard and the Captain of the Band of Pensioners followed by the Officers and Band of Yeomen of the Guard. The Sergeants at Arms going on each side of the Regalia and the Gentlemen Pensioners on each side of the Canopy Thus Their Majesties in Their Robes of Crimson Velvet the King with a Cap and the Queen a Circlet on her Head All the Nobility in Crimson Velvet Robes with their Coronets in their Hands and the rest of the Proceeding in their proper Habits marched on foot upon Blew Cloth to Westminster-Abby all the Way and Houses on each side being Crouded with vast Number of Spectators expressing their great Joy and Satisfaction by loud repeated Acclamations Being Entred the Church and all duly seated the Bishop of London who performed this great Solemnity began with the Recognition which ended with a mighty Shout Then Their Majesties Offered and the Lords who bore the Regalia presented them at the Altar The Litany was sung by two Bishops and after the Epistle Gospel and Nicene Creed the Bishop of Salisbury Preach'd on this Text 2 Sam. 23. 3 4. After Sermon Their Majesties took the Oath and being Conducted to their Regal Chairs placed on the Theater that they might be more Conspicuous to the Members of the House of Commons who were seated in the North Cross were Anointed and presented with the Spurs and Sword and Invested with the Palls and Orbs and then with the Rings and Scepters and at Four of the Clock the Crowns were put on their Heads At sight whereof the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Them and after the Benediction They vouchsafed to Kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed their Majesties left Cheeks while the Treasurer of the Houshold threw about the Coronation Medals Next followed the Communion And Their Majesties having made their second Oblation received the Holy Sacrament Then the Bishop Read the final Prayers and Their Majesties retiring into St. Edward's Chappel and being new Arrayed in Purple Velvet returned to Westminster-Hall wearing Their Rich Crowns of State and the Nobility their Coronets The Nobility c. being seated at their respective Tables which were all ready furnished before their coming in The first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High-Constable High-Steward and Earl-Marshall And before the second Course Charles Dymoke Esq Their Majesties Champion between the High-Constable and the Earl-Marshall performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendor and Magnificence About Eight in the Evening Their Majesties returned to White-hall A Proclamation declaring WILLIAM and MARY King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved 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 Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Lives As also the Estates having Resolved and Enacted and Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms
succeed when he elsewhere acknowledges that the late King's Design was to ruin us and the Prince's to prevent it As to Tricks and Sophistry I detest them as much as any Man yet think such harmless Guides whoever was the Author less pernicious and destructive than force and bloodshed This Gentleman who sâ—ily pleads all along for the Popish Interest is now for sooth much scandaliz'd at the Dutch-Papists in the Princes Army but at this he need not take Offence seeing they are going over whence they came to serve the States against the most unchristian Usurper or both Popish and Protestant Countrys But before this worthy Author can come to a Conclusion of his Book he must have several things proved to him to wit That the Prince of Wales is a supposititious Child that a League was made by our King with the King of France for the Destruction of his Protestant Subjects and rooting out our Religion under the Notion of the Northern Heresy that the late King was poyson'd and that the Earl of Essex was murthered These things we desire may be proved and then we cannot but agree that nothing can be too bad for the guilty Authors This Gentleman cannot but know the Unreasonableness of his Demands and that what he desires is not only unseasonable but impracticable till the Government be setled when and at what time perhaps to his great Confusion these and many other Deeds of Darkness will be brought to light Moreover the Astonishment he expresses at the mention of these vile Practices seems to arise in him rather from some crafty Design than mere Ignorance of what has been done oftner than once in Neighbouring Courts To conclude then in my Authors own Words If these Accusations be cleared once who can reverence the Person guilty of them as the Father of his Country and not rather avoid and fly him as the worst of Tyrants The Scot's Grievances Or a Short Account of the Proceedings of the Scotish Privy-Council Iusticiary Court and those Commissionated by them whereby the Consciences of good Men have been Tortured the Peace of the Nation these several Years past exceedingly Disturbed and Multitudes of Innocent People cruelly Oppressed and inhumanely Murthered IN the Tract of these Years although Informing was a Trade more encouraged than in the Reign of Tiberius yet they arraigned Multitudes without Informer or Accuser and whosoever appeared not upon their Summer Citation which often times was impossible were treated as Criminals They seized many of all Ranks and detained them Months and Years without any Signification of the cause of their Imprisonment and seldom liberate any such without Exorbitant Bail but if they could find the least Shadow to prosecute any suspected to mislike their Arbitrary Courses they precipitated their Process not allowing them time or means to vindicate their Innocency They sent their Inquisitors through their Prisons and Citizens Houses to examine whom they pleased upon most intricate Questions of Church and State Government and made their refusing to answer or dissatisfactory Answers the Foundation of their Indictments others seized in the Crowd at Executions and some when visiting the imprisoned were condemned and executed for refusing to justify their Severities against their Brethren and disowning their Dagon of Nor resistance They frequently sent out Spies to Prisons Cities and Country under Disguise who by simulating their Dissatisfaction at the Exorbitances of the Government and Zeal for persecuted Piety might draw Words from the most wary sustaining such and other Informers as habil Witnesses to the taking away the Lives of many Innocents notwithstanding of one Express Act of Parliament to the contrary They often prosecuted without a Libel and when they formed Libels they seldom restricted themselves to the Points therein contained holding them as confessed who refused to answer their captious and extraneous Questions They not only employed Emissaries but Judges themselves were active to suborn Witnesses against the Lives Estates and Honours of Peers and worthy Patriots a palpably gross Management of such an Intrigue having qualified a Person for a chief Seat in their High Court of Justice and when they could not find such Execrable Russians to serve their turns they forced Pannals to answer de super Inquirendis in the most Criminal Cases They have often sustained Jurors and Witnesses who could not purge themselves of Prejudice or partial Counsel They have Indicted Tryed Condemned and executed Persons in one day and when Intercession hath been made for some time to prepare for Death it hath been answered They shall have no time to prepare for Heaven Hell is too good for them They have kept some in Expectation of Reprieves and Pardons till the very Day and Hour of their Execution others they have hanged early in the Morning thereby preventing the Peoples seeing their Cruelty and hearing the dying Persons last Words and too palpably designing by such Surprizals the Ruine of their Souls They frequently beat Drums about the Scaffolds their Cause being such as could not bear the Words of dying Christians They searched several when removing them from the Prison to the Scrffold seized their Testimonies that so they might not come to publick They would have their Laws to reach Thoughts as well as Actions and many against whom they could charge no matter of Fact they sought to reach their Lives for their Thoughts asking them What think you of the Government c. Some they have wheedled to Confession by promising to favour their Ingenuity upbraiding them for Dissemblers if they would not speak freely and by mock-Expostulations viz. Are ye ashamed of your Principles Are ye afraid to give a Testimony c and forced them to subscribe their Confessions before the Council which they produced as Witness against them at the Criminal Court whereupon they were Sentenced and Executed When any refused to give Categorical Answers then could they extort all by Torture with their Engines of Cruelty the Boots fired Matches betwixt the Fingers and Thumkins and after torturing hanged several though thereby they could extort nothing When some had answered all their Questions and cleared themselves of all charged against them yet would they not pass them so but impose some of their wicked Oaths which they concluded they would not take and according to the measure of Tenderness they discovered in any they apportioned the Oaths to the stricter the more smooth to the laxer the more harsh such as once their own Natural Consciences did fear at They required not only to have their Laws obeyed but subscribed also holding it not sufficient that People transgress them not but likewise own the Justice of them and the Lawfulness of the Authority enacting them and swear to maintain them and yet when some have complyed to all they sought yet would they not discharge them but upon Bond to answer again when called Not only Extrajudicial Confession will sustain with them but when they have given the publick Faith the King's Security