of his Reign was the first Act of Parliament made for entailing the Crown with Remainders By vertue of which Entail his Son Henry the fifth became King and after him Henry the sixth in whose time Richard Duke of York claim'd the Crown and an Act of Parliament was made 39 Hen. 6. that Henry should enjoy the Crown for his Life and Richard and his Heirs after him After which King Henry raise's an Army kills Richard for which He the Queen and Prince were all Attainted 1 Edw. 4. because Richard was declared Heir apparent to the Crown after Henry by Act of Parliament but this Attainder was repeal'd in terms of Disgrace and Detestation 1 Hen. 7. Rot. Parl. 1 Hen. 7. Edward the fourth succeeded Henry 6. by vertue of an Act of Parliament made in the time of Hen. 6 for entailing the Crown as Son and Heir to the Duke of York Richard the third was confirmed King by Act of Parliament tho' he came to it by blood and murther Henry the seventh comes in by no Legal Title because Edw. the fourth's Daughter and his own Mother were both living In his time the Crown was entail'd on him and his Heirs by an Act of Parliament and he would never suffer any other Title to declare his Right Henry the eighth succeeded who as all his Laws speak deriv'd his Title to the Crown from his Father by vertue of the Act of Parliament above-nam'd and not by any Title from his Mother tho' by the Law of Succession his Right from Queen Elizabeth Daughter of Edw. 4. was indisputable In his Reign the Crown was thrice entail'd but the great one was that of 35. c. 1. by which Edward the sixth Queen Mary and Queen Elizabeth succeeded in whose Reign was made an Act of Parliament making it high Treason to say it was not in the Power of Parliaments to limit the Succession of the Crown Upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were entail'd and the Articles of Marriage confirm'd by Act of Parliament and by that Act of Parliament Philip was created King and exercis'd Sovereign Authority and particularly in making Laws together with the Queen the Style of the Royal Assent to Bills in Parliament being at that time Le Roy La Reigne les veulent by all which it appears that the Kings of England since the Crown was setl'd in a particular Family as well as before are Kings by the Laws of the 〈…〉 of human Constitution tho' their Power is from God Almighty Nor does this opinion aim at the changing our Hereditary Monarchy into an Elective Kingdom but shews that there is no such absolute necessity of keeping the Lineal Descent in respect of a single Person that it cannot be chang'd for the preservation of a Kingdom contrary to the Opinion of our Lawyers who affirm from History Records and Law-Books that our Monarchy is Hereditary as to a Family but Elective as to Persons However to obviate the prejudice that might arise from that preconceit I shall shew you 't is Hereditary and yet that that Hereditary Right came also by Law and therefore may be interrupted by our Legislators That England is an Hereditary Monarchy and that the common course of Succession is to be inviolably observ'd when it consists with the publick good and safety of the Kingdom none will deny for our own Laws have so determin'd it as a custom grounded upon sufficient Reasons Our Ancestors perceiving that the way of Electing Kings was subject to many Inconveniencies and often expos'd the Kingdom to Tempests Interregnum's and Revolutions as well as to the seditious commotions of under-hand dealers and the Pride and Ambition of Men too desirous to be uppermost And that Kings coming to the Crown by Election neglected the Demeans and squander'd away the Treasure of the Nation because they had no prospect of leaving the Crown to their Heirs 't was therefore thought advisable and beneficial to the Publick to fix the Royalty in a particular Family As for example In the eighth of Hen. the fourth there was an Act of Parliament which entail'd the Crown with Remainders And to name no other instances of the like kind it was made Treasonable by an Act of Parliament in the thirteenth of Queen Elizabeth for any Man to affirm that the common Laws of this Realm ought not to direct the Right of the Crown of England or that the Laws were not of sufficient force and validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof So that 't is plain an Hereditary Right is a Right by the Laws of England and not otherwise And what need is there of any other since a Right by Law makes a Rightful and Lawful King in despite of all the over-nice Distinctions of State-Criticks to the contrary And truly Of all Men living the late King James and his Defenders have least Reason to quarrel this Right by Law For How came it to pass that the Line of the Stewarts had a better Title to the Crown of Scotland than that of the Baliols but only that the Laws of Scotland that is the Consent of the Estates of that Kingdom made them so For otherwise if we search into the Pedigrees of those two Families we shall find that Baliol according to the common receiv'd Rules of Descent was nearer in Blood to the last King David than Bruce and was so adjudg'd at a solemn Hearing * Bak. Chron. pag. 96. between both Parties by our King Edward the First in Parliament Besides the late King has left it upon Record from his own Mouth that the Laws of England were able to make a King as great and happy as he could desire to be and after that I cannot imagine what he could wish for next But His Intentions being fix'd to destroy those Laws that in observing them would have made him great and happy he stood in need of a Title Superior to them therefore his Flatterers contriv'd one of a Divine Original and yet it dy'd before him the Divinity of his Office was more Mortal than that of his Person and well it might having no Being unless in the Heads of its first Inventore The Scripture has declar'd the Falsity of this new Hypothesis †Rom. 13. St. Paul saying There is no Power but of God must be understood of Government in general For the Apostle does not say There is no Prince but is of God but There is no Power but of God St. Peter also makes Kings to be of Humane Constitution as well as our Laws which know no such thing as a Personal Authority in the King Antecedent and Superiour to all Laws nor no Divine Law or just Inference from it which does any where set aside Humane Constitutions agreeable to Christianity and beneficial to Civil Societies Therefore if a King by Lawful Succession shall act unlawfully and
without Intermeddling in Nice and Secret Matters of State that are out of his Reach and Inconsistent with his Duty that heartily Obeys the King in all his Commands that do not thwart the Laws of God Nature or his Country that Honours Loves and Defends the King's Person Crown and Dignity and Chearfully Contributes to the Support of his Government that makes his Private Concerns stoop to the Publick Good and Sustains those Losses with Patience that he suffers for the Common Interest One that can distinguish betwixt Slavish Fear and Religious Obedience betwixt the Interest and Cause of a whole Nation and the Clamours and Discontents of a Litigious and Incorrigible Faction One that will be True to his King without being False to his God or Treacherous to his Country And to conclude One that like the Poet 's Dyal always stands True tho' the Sun of Reward or Favour never shines upon him In this Portraicture of an English Subject in Little you may see the whole Design of Christianity on this Subject which is Keeping every thing within its proper Bounds without Needless Increments or Criminal Abatements of Royal Authority which always terminate in Vanity or Wickedness and consequently are extreamly prejudicial to the Receiver and Detractor 'T is the Evil in the Increase and Use of Power that those declaim against who are for no more than a Legal Obedience for Non-Resistance in its proper Latitude has its true Weight and Value with us as much as any other Christian Duty and tho' we cannot swallow it so Glibly as it was Adulterated in the late Prescription to serve a Temporizing Interest abstracted from the Publick Good yet that does not hinder us from Digesting it better and Practising it more Dutifully and Constantly than those who were as Ready to Throw it up as they were to Imbibe it or that still Retain it to do further Mischief And having thus secur'd our Loyalty and Fidelity to our Sovereign under this Supposition I shall re-assume the Argument for Resistance when the Necessity of it is as Certain and General as ours was All differing Persons about Non-Resistance agree in this That if a King is resolutely bent to Destroy his Subjects and that no Perswasion can alter his Purpose but that he stocks himself with such Ministers and Officers as will co-operate with him in the execution of his Tragical Designs his Subjects may Desert him Decline his Government and Service and seek Protection where they can find it Of this Opinion is the Excellent Grotius Barclay Pufendorf Bodin Bishop Bilson Bishop Sanderson Dr. Hammond and Mr. Falkener I confess they say the case is not to be put as almost impossible to happen yet I think it but Reasonable to suppose it here because I shall prove it in the Sequel beyond Contradiction that the late King James was under a necessity of destroying his Protestant Subjects that all his Actions openly declared it and therefore may say with the Author of Jovian That 't was Lawful to resist him since he himself has said in the same Page That he should be tempted to pray for the Destruction of such a Prince as the only means of delivering the Church and for that Reason I am charitably inclin'd to think that the great Promoters of Non-Resistance never intended this Doctrine should extend beyond Private and Tolerable Evils for stretching it to Intolerable and Universal Mischiefs would have proclaim'd 'em void of Sence and common Discretion as well as Humanity which can no way agree with some of their Characters Sober Men would soon be agreed about the Resistance pleaded for if they were not more prejudic'd against the Word than against what is intended in the Thing either as to the Object or End of it for to resist Violent Usurpations and Horrid Cruelties is not Resisting the Supreme Authority or the Ordinance of God but opposing Murderers and Cut-Throats who under Venerable Disguises are Destroying the People and covering the Land with Blood and Carnage Names and Titles can never Sanctifie or Alter the Nature of Facts the thing done and the Manner and End of doing it will denominate the Action For tho as King he may put his Subjects to Death by form of Law he cannot kill or otherwise destroy them without it but at the same time he gives himself another Epithet looses the Right he had and ceases to be a King by such repeated Acts of Illegality and Tyranny The Ends of Government which is the Peoples Good are as Sacred as the Prince's Authority and if as the Apostle says he be not to us the Minister of God for Good he looses the Title of God's Minister for his Servants they are whom they obey St. Paul never Intended to Abrogate the Laws of Nature which gives every Individual Person a Right to his Own nor Expose Men to Beggary Slavery Inevitable Ruine here and Damnation hereafter for Resisting a Prince that was ingaged to destroy his People since no Man that has not lost the use of his Reason can believe that Murdering Ruining and Inslaving the Bodies and Souls of the People is any part of Civil Government or that Resisting an Implacable Tyrant is Resisting the Ordinance of God when 't is plain that God never gave him any such Authority To say that such Kings are set up by the Almighty as a Punishment for our Sins is no Argument against Resistance but a strong one for it for the Pestilence Famine and the Sword of Foreign Enemies are all of them Evils sent by God for the punishment of our Offences yet I think no Man will say but we ought by all Natural and Humane Indeavours to free our selves from those Calamities without an immediate Revelation The like may be said of Tyrants for the contrary would level us with Beasts which may be Sold Kill'd and Devour'd at the Will of those that have power over them So that from what has been said 't is evident that Resisting Tyrants is not Resisting the Supreme Authority but Defending our selves against the Insults of a Destroyer under the cover of another Title This Consideration will set us right and not Rob us of the pleasant Idea's that spring from our Deliverance for if any for by Ends deny what has been said above to be a Truth now they will be of another Mind at the Day of Judgment when things shall appear as they are The Ends of Resistance and Self-Defence does also prove the Lawfulness of it as it Respects the King or his Subjects who are equally concern'd in the Benefit of it Is it not better for a King to Assure his Authority by rendring it Just and Moderate than expose it to danger by Arbitrary Attempts Is it not better to comply with the kind Persuasions and Dutiful Admonishments of his true Friends and Faithful Counsellors which is always presumed to go before Actual Resistance than to feel the bad Effects of his own misguided Will Cicero says Cicero pro Balb.
but the Almighty power that gave them If an Inferior Magistrate Governor of a Province or City Rebels against the King from whom he received his Authority in order to deprive him of his Crown and Dignity none will scruple to resist him in defence of the King who is Supreme Lord both of him and us And by the same Reason may a Sovereign Prince be Resisted that Usurps upon the Rights of God for no Prince is more Superior to his Subalterns than God Almighty is to all the Kings and Potentates of the whole Earth Reason and Religion command and commend a dutiful submission to Authority but neither Reason Nature nor Religion obliges us to comply with the Sovereignty of the Creature to the prejudice of the Creator or subscribe to such orders of an Arbitrary Prince as manifestly oppose the Rights of God unless we are fond of Inheriting the Title of being Cruel to our selves Unnatural to our Children and profess'd Enemies of our Country for tho' slavery may be the misfortune of good People to submit to it can never be their Duty Another great Engine wherewith our Adversaries serve themselves to batter down the Doctrine of Resistance is the Law of the Land and particularly the Act of Parliament made in the 13th of King Charles the Second which seems in their apprehensions to extirpate this Principal Root and Branch tho' I believe 't will fail them when we have consider'd the Occasion of that Law and the Intention of the Ligislators And this I hope to do with a Modesty suitable to the great Veneration and Esteem that is due to those August Assemblies Acts of Parliament in my opinion being only subject to the Censure of those that have a Right and Power to make them And yet I hope with submission 't will not be indecent to say that Laws made in extraordinary Heats are not Regular Obligations nor ought to let Loose the Kings Hands and Tie up the Subjects England had been long Harrass'd Enslav'd and almost Ruin'd by an Unnatural War Scandaliz'd by the Murther of a King under Forms of Law and Justice Oppress'd by the Tyranny of their Fellow-Subjects and wearied out with changes of Governments and variety of afflictions Sometimes a Common-Wealth the Keepers of the Liberties of England a Rump Parliament then two successive Protectors a Council of Officers a Committee of Safety the Rump restor'd another Committee of Officers the Fag end again the Secluded Members a Junto that brought in King Charles the Second and deliver'd England out of Cruel Servitude that was so sick with changing Masters that when King Charles was Inthron'd and call'd a Parliament which chiefly consisted of Sufferers under the late Mock-Governments or the Persons Sons or Relations of such as had been in actual War against the Parliament or Sufferers for Charles the first the Excess of Joy that attended their Deliverance and a Resolution to prevent such Commotions and troubles for the future so transported them that they thought they could never do enough to Greaten their Monarch or discountenance the late Republicans and therefore in the heat of their Zeal tho' they aim'd well might overshoot the mark and stretch the Prerogative of the King and the Obedience of the Subject beyond their ordinary Limits and like Fond Bridegrooms give away more Authority in a Week than they could Redeem in their whole Lives which has been too often practis'd in England in former times in hopes to oblige their Monarchs tho' as often attended with Sorrow and Repentance and these or at leastwise some of these things might be the occasion of that Law For it could never be the Intention of a Parliament to make the most Violent and Illegal Actions of Arbitrary power wholly Irresistable or pull down the excellent structure of a Limited Monarchy and set up an Absolute Despotick Tyranny where the King and those commission'd by him might do what they pleas'd with our Religion Lives and Estates and make it Treason to resist in any case whatsoever Was not this to give away their own share in the Legislative Power and contradict the Preamble of every Act of Parliament which says all Laws are made by the consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament and by the Authority of the same never failing to insert those Words And that this would have been the inevitable consequence of such an Unlimited obligation upon the People is plain for what makes a King Absolute but that his Subjects are under a necessity of Obeying him without reserve i. e. never to oppose his commands in any case whatsoever And to confirm my self that they never intended such a breach in our constitution is because the extravagancy of the Act with such a design would have accus'd both their prudence and Fidelity Judge Cook in his Institutes says that Laws made against Right Reason and the Law of Nature are void in themselves and then there 's no necessity of obeying them longer than till we are in a capacity to deny or dispute it what Man of Common Sense can believe that so many Wise Men how good an opinion soever they might have of the King then in the Throne would Arm all his Successors with a power as Despotick and Absolute as the great Turk who may have the Heads and Estates of his Subjects as often as he pleases to command them The last Argument I shall use to shew that that Parliament did not Intend to couch the People under such an Intire and Universal Submission as is maintain'd by our Adversaries is because they had no Power to do it for no Power can reach beyond the Reason of its Institution which is to preserve the Lives and Priviledges of the People and not make 'em Slaves and Vassals to a Delegated Authority Who can believe that the Nation ever Intrusted any sort of Men with a Power to destroy them or to Surrender their All into the Hands of a Cruel Tyrant As Representatives of the People they could have no more Power than the People could give them nor could it be extended beyond theirs from whom it was derived or that is allow'd by the Law of Nature Nam quodcunque suis mutatum sinibus exit * Lucrit l. â— Continuo hoc mors est illius quod fuit ante Since what doth its limits pass By change quite perishes from what it was because it was not in their power to grant it No Man can licence another to kill him because the consent is Unnatural and Null and Void in it self so no Community can give any persons power to destroy them either directly or by consequence for 't is preposterous in Nature that the Means should be destructive in the End and that those that were substituted for our Preservation should be the Instruments of our Ruin which must necessarily follow if they Intended by that Law to Invest all our Princes with a Power to do whatever they please
late King James's Reign was a Necessary Tyranny and so much the more necessary to push him forward to accomplish his Designs that this Necessity was impos'd upon his Conscience by the Laws of his Church under the Expectation of Rewards or Dread of the Punishments that would attend his Obedience or Disobedience to their Decrees All the Popish Writers agree that * Beccan Theol. Scot. p. 1. c. 13. quaest 5. Tho. Aquin. Summmae quaest 10 art 3. Durand Sancta Portian quaest utrum Haeret. sint tolerand quaest 5. Bellarmin de hicis l. 3. c. 21. Concilio Tolof p. 46. Concil Later 4. every Prince ought to Exterminate his Protestant Subjects that the Omission of that Duty is Damnable and that putting them to Death when they have nothing else to lose is a Just Meritorious Action And we have Reason to believe if Heaven was to be purchas'd God pleas'd the Papists gratify'd and his own Ambition and Prejudice humour'd in doing it the late King would not leave these Blessings behind him Now where the People claim a Right to their Privileges as well as the Prince to his Prerogative the Prince will certainly begin his Reign with the Destruction of those that have a Right to oppose his Absolute Authority And these Maxims of a Right to do it in Conscience were the Inducements to King James's Tyranny which we might expect to see Increas'd but never Relax'd for tho' he might change his Councils he could not change his Conscience nor whilst he had such Directors of it as the Jesuits are can it be suppos'd otherwise but that he would follow the Lessons they taught and he imbib'd as conducing to his Eternal Happiness Fifthly 5. It was a Consummated Tyranny nothing remain'd Entirely Free but all was subjected to the good Pleasure of his own Will His Arbitrary Power influenc'd all in Authority His Privy Council generally speaking were made up of such as would concour with his Unlimited Authority and were oblig'd by their Interest to assist the Project and Subvert all that oppos'd it The Judges gave it for Law that he had a Dispencing Power and ought not to be Resisted in the Exercise of it The Magistracy was infected with the same Malady and the Soldiery were oblig'd to defend it with Sword in Hand 6. It was as intended an Eternal Tyranny for besides that his Abrogating the Laws gave an Example to his Successors to trace his Methods and in time make themselves as Despotick Princes as the Czar of Moscovy or the Turkish Emperor he was introducing a Suppositious Heir that should be train'd up in the same Principles and invested in the same Power and so keep out a Protestant Successor whose Religion would better instruct him in his Duty in maintaining his own Prerogative and yet indulging his Subjects in such a Liberty as does no way Impair or Attaint their Allegiance Whereas a Popish Successor would have made Tyranny as perpetual as 't is Absolute 7. To conclude The Tyranny of the late King's Reign was an Incurable Tyranny If it had arose from the Heat of Youth Time might have quench'd that Fire in correcting the Cause If it had proceeded from any Corporeal Disease a Remedy might have been found to cure it If it had been the Effect of an Incurable Disorder in his Intellects or Temperature we might have flatter'd our selves that it would last but one Reign or that Defect might have been supply'd by a Regent But none of these can be objected against the late King James for he Nurs'd it many Years in his own Bosom it grew up with his Understanding and was a true Tyranny in its Design necessary as impos'd on him by his Conscience evident in all his Actions Universal in its Object and Extent Consummated in its Degrees Eternal in its Consequence and altogether incurable by reason of his Age and introducing a Popish Heir without the Application of such a Speedy and Effectual Remedy as God was pleas'd to send us in our Extremity Some of the late King James's Friends are pleas'd to extenuate the Crimes they cannot defend in charging all the Faults of his Reign upon his Ministers which if allow'd to be True might lessen them in part but not discharge him of the whole For if the Master's Actions be never so Innocent or Inoffensive yet if out of Cowardice or Affection he becomes the Patron of his Servants Insolencies and Outrages by Protecting or not Punishing their Misdemeanours he renders himself Guilty and will share in the Contempt and Hatred of his People But when we consider how he labour'd the Point himself by Closetting Persuading and Threatning many Great Men and others to engage with him in his Design of Setting up Popery and Dispencing with Laws and whose Image and Superscription it bears the Glory of the Enterprize will be all his own for I can never think his Ministers capable of all those Extravagancies themselves any further than that they knew it would please him Indeed I can very easily suppose them chiefly Devoted to their Own Interests and willing to Share in the Spoil of Ruin'd Subjects yet methinks there should be some kind Remembrance of their Native Country that would sometimes check the Dissoluteness of such Arbitrary Managements And a certain Pride that Men take in acting prudently and not exposing themselves to the Hatred and Derision of all Mankind should have stopp'd their Carier in such Illegal Proceedings And so it appear'd for at last under these Apprehensions we find many that deserted the late King after he thought himself sure of them and resign'd their Places and refus'd to act by his Commission or obey his Orders after their Names were Inserted in Commissions and their Persons Actually Engag'd in his Service So that 't is plain this Project was the Issue of his own Brain heated by the Jesuitical Dictators of his Conscience The Fountain was corrupted and then no wonder the Streams run foul Something might be said in favour of the late King if he had set up his Dispencing Power for a General Good but 't is evidemt that it was only intended to enable Papists to ruin Protestants and therefore the Irish Parliament in their Act of Attainder put it out of their King's Power to exercise his Prerogative in shewing Kindness to Protestants that wanted it For when * See The State of the Protestants in Ireland by Bishop King p. 179. Sir Thomas Southwell was contrary to the Articles on which he Surrender'd himself condemn'd for High Treason against King James and at the Request of the Lord Seaford that King was willing to Pardon him and sent his Warrant to the Attorney-General Sir Richard Neagle to draw a Fiat the Attorney-General positively told the King he could not Pardon him and tho' the late King seem'd to be in a Heat and told Sir Richard he had betray'd him yet it must be presum'd they Understood one another for so the Matter ended and Sir Thomas went
As for his Departure out of the Kingdom tho' I have already prov'd it was a Plot of his own laying in hopes to Involve the Nation in greater Confusions than his own Conduct had already reduc'd it to yet in this Case 't is not material whether it was Voluntary or Involuntary since his Withdrawing himself was but a Continuation of his former Actings wherein he declar'd he would not govern by those Laws that made him King of England and was an express Renunciation of his Regal Authority To say that Abdication implies a Formal Renunciation by Deed is to mistake the Case for in the Common Law of England and in the Civil Law and in Common Acceptation there are Express Acts of Renunciation that are not by Deeds * Debate between Lords and Commons pag. 35 36. The Government and Magistracy are under a Trust and Acting contrary to that Trust is a Renunciation of that Trust tho' it be not a Renouncing by a Formanl Deed for it is a plain Declaration by Act and Deed tho' not in Writing that he who hath the Trust and acting contrary is a Disclaimer of the Trust especially if the Actings be such as are Inconsistent with and Subversive of this Trust For how can a Man in Reason or Sense express a greater Renunciation of a Trust than by the constant Declarations of his Actions to be quite contrary to that Trust and therefore must be constru'd an Abdication and Formal Resignation of it That a King may Renounce his Kingship may be made out by Law and Fact as well as any other Renunciation And that it may and hath been will be no Difficulty to to make out by Instances in all Countries not only where the Crown is or was Elective but also where it was Hereditary and Successive * Debate aforesaid p. 76. If a King will Resign or Renounce he may do so as particularly Charles the First did 'T is an Act of the Will and consequently in his Power to do as he thinks fit And the late King gave manifest Declarations of his Resolutions to do it in several Instances as has been particularly shew'd already Grotius and all other Authors that treat of this Matter and the Nature of it do agree That if there be any Word or Action that does sufficiently manifest the Intention of the Mind and Will to part with his Office that will amount to an Abdication or Renouncing Now had King James the Second came into †Idem p. â—7 â—8 an Assembly of Lords and Commons in Parliament and expressed himself in Writing or Words to this purpose I was born an Heir to the Crown of England which is a Government limited by Laws made in full Parliament by King Nobles and Commonalty and upon the Death of my last Predecessor I am in Possession of the Throne and now I find I cannot make Laws without the Consent of the Lords and Representatives of the Commons in Parliament I cannot suspend Laws that have been so made without the Consent of my People This indeed is the Title of Kingship I hold by Original Contract and the Fundamental Constitution of the Government and my Succession to and Possession of the Crown on these Terms is part of that Contract This part of the Contract I am Weary of I do Renounce it I will not be oblig'd to observe it I will not execute the Laws that have been made nor suffer others to be made as my People shall desire for their Security in Religion Liberty and Property which are the two main Parts of the Kingly Office in this Nation I say suppose he had so express'd himself doubtless this had been a plain Renouncing of that Legal Regular Title which came to him by Descent If then he by particular Acts such as are enumerated in the Vote of the Convention of the 27th of January he has declar'd as much or more than these Words can amount to then he has thereby Declar'd his Will to Renounce the Government He has by the Acts before-mention'd manifestly declar'd that he will not govern according to the Laws made nay he cannot do so for he is under a strict Obligation yea the strictest and Superiour to that of the Original Compact between King and People to Act contrary to the Laws or to Suspend them This did amount to a manifest Declaration of his Will that he would no longer retain the Exercise of his Kingly Power as it was Limited and Restrain'd and sufficiently declar'd his Renouncing the very Office And his Actings declar'd quo Animo that he went away because he could no longer pursue nor accomplish what he design'd and was so strongly oblig'd to that the Splendour of three Crowns could never divert him from it It was an Abdication in the highest Instances Not a particular Law was violated but he fell upon the whole Constitution in the very Foundation of the Legislature Not only particular Persons were injur'd but the whole Frame of the Kingdom the Protestant Religion and our Laws and Liberties were all in danger of being Subverted And which aggravates the Circumstances the late King himself who had the Administration Intrusted to him was the Author and Agent in it And when he cold no longer afflict us himself went away with Design to obtain Foreign Forces to compel our Submission to his Arbitrary Power Now because the late King had thus Violated the Constitution by which the Law stood as the Rule both of the King's Government and the People's Obedience therefore it was judg'd an Abdication to all Intents and Purposes and that by his Abdication the Throne became Vacant Nothing less than Things grown to such Extremities could warrant these Proceedings for God forbid every Violation of the Law or Deviation from it should be accounted an Abdication of the Government The Thoughts of such a Severity upon * Debate between the Lords and Common pag. 86. Crown'd Heads is abhorr'd by all Good Men. For when a King breaks the Laws in some few particular Instances it is sufficient to take an Account of it from those Ill Ministers that were Instrumental in it Why such a thing was done contrary to Law Why such a Law was not put in Execution by them whose Duty it was to see it done In Ordinary Cases of Breaking the Laws you have Remedy in Ordinary Courts of Justice and in Extraordinary Cases in the Extraordinary Court of Parliamentary Proceedings But in our Case where we were left without Redress the Malefactor being both a Party and Judge of his own Breaches of Law made Extream Remedies absolutely necessary and has been always practis'd upon the like Emergencies For The Great Council or Assembly of the Estates of this Kingdom from the first Institution of the Government had an Inherent Right to Assemble themselves in all Cases of Necessity such as Abdications Depositions Disputable Titles to the Crown Setling the Successions and to supply the Vacancy of the Throne as the
Unanimous Vote and Universal Election of the People Confirm'd and Recogniz'd by the same Authority and Law of England by which all his Royal Predecessors enjoy'd the Imperial Crowns of these Kingdoms besides the Undoubted Right of his Excellent Princess and his own Right of Blood and that the Submission of the People and Determination of the Estates of the Kingdom grounded not only upon the Supream Law of Publick Good but also upon the Known and Declar'd Positive Laws and Constitutions of this Government as there has been Occasion in all Ages from the first Foundation of this Limited Monarchy and that this is Conclusive to all Private Subjects Yet because we ought to Resolve Cases here that may stand with the Reason of Mankind when they are debated abroad and that some that have writ on the Behalf of the Government by their weak and precarious Arguments have set up divers Titles that make it look like a Fanciful Chimera or built upon a Sandy or Fictitious Bottom and have more disparag'd the Revolution by their Impertinencies than all that have exercis'd their Pens or Spleens against it I crave Leave to be a little more particular upon it The Crown of England as placed on the Head of our Dread Sovereign William the Third stands Firm and Immoveable there on the Right of the Case and the Reason of the Thing without the Props of Art Oratory or Learning to support it Shuffling between Providential Settlement Conquest and Topping Protections of Power scandalize the King 's Legal Title and mis-lead his Subjects Let but the Matter express it self plainly and it will carry an Entire Conviction and Satisfaction with it in its own Genuine Phrase and Designment 'T is truly and plainly stated in the Prince of Orange's Declaration and is neither more nor less than what briefly follows James the Second directly contrary to his Coronation-Oath breaks through all the Establish'd Laws of the Land Invades and Subverts the Religious and Civil Rights Liberties Privileges and Properties of his Subjects which he solemnly Swore to Protect and Defend and in an Arbitrary and Tyrannical Manner Dissolves the Constitution of Church and State by Usurping a Power unknown to the Constitution and as Inconsistent with it as Light with Darkness His Subjects perceiving All going to Ruin having first us'd all Means to Reclaim him but to no purpose Assume their Natural Right in Defence of their Laws their Lives their Religion and to preserve them Entire oppose the Violent and Arbitrary Methods of the late King and apply themselves to the Prince of Orange our now Gracious King who had a Just Expectation of a Right to the Crown and humbly pray His Highness to assist them in Recovering and Defending their Legal Rights together with his own Title to the Succession both apparently Invaded and endeavouring to be Destroy'd by Clandestine Methods This Illustrious Prince gives the People Assistance and by the Blessing of God and the Mutual Appearance of the Nation for their Self-Defence and Preservation James the Second Conscious of his own Guilt in endeavouring to subvert the Constitution and breaking the Original Contract between King and People and that by the Advice of Jesuits and other Wicked People he had Violated the Fundamental Laws and thereby Abdicated the Government he leaves the Kingdom Upon which Vacancy of the Throne His Highness the Prince of Orange together with his Royal Consort of ever Blessed Memory the next Indisputable Heir to the Crown in a Full and Free Representation of the whole Community and Body of the Kingdom is and are Declar'd and Constituted King and Queen of England c. Now since 't is visible that the late King James was fled and that it was absolutely necessary the Government should be supply'd and some other King plac'd in the Throne who accepting the Crown upon the Conditions tender'd with it would give Assurance of Governing by the Laws of the Constitution and secure our Happiness under him there can remain no reasonable Objection against his Title Besides His Sacred Majesty King William the Third in a more especial manner is God's King as being appointed by his Providence by whom Kings Reign assisted by his Almighty Power and the Glorious Instrument in his Hand to Enterprize and Accomplish such a Deliverance as in common Gratitude without Respect to other Right in all Nations of the World has been constantly Rewarded with a Crown and more particularly in England upon that Respect Alone has justly meritted the Sovereignty His present Majesty is also God's King as being the Wise and Valiant Champion of all the Reformed Churches in Europe and who with his Sword his Head and Heart fights for Christ's Religion and to rescue the Professors of it from mighty Combinations to destroy them Root and Branch In which Great and Glorious Work God Almighty has signally own'd him as his Anointed King in preserving his Sacred Person in the Open Dangers of Wars and from the many Close and Barbarous Conspiracies of Ingrateful Regicides He is also the People's King as being their Voluntary Choice when they had no King and Establish'd by those Laws that were of their own making and the Precedents of their Fore-Fathers on the like Occasions For to rise no higher than the Norman Race William the Second Henry the First King John King Stephen Henry the Fourth Henry the Fifth Henry the Sixth and Henry the Seventh had no other Title but the Consent Election of the People and a Parliamentary Recognition of their Rights But King William the Third 's Right is not only Recogniz'd by a statute-Statute-Law but his Person and Right is Guarded by an Act of Assotiation wherein all his Subjects have oblig'd themselves to Defend him with their Lives and Fortunes and to Revenge the Injury of his Person upon all the Agressors And what could be more done to declare his Right and engage our Obedience 'T is the Rarity of these Things happening and a general Ignorance in the History of Precedent Times that makes such Proceedings seem strange and unaccountable to those who have been Nurs'd up in Slavish Notions and apprehend not the Necessity of those Overtures against King James the Second and Supplying the Throne by the Coronation of William the Third For Our present King William came into as Empty a Throne as the late King James himself did a Civil Death in the Eye of the Law making as effectual a Vacancy as a Natural Death and therefore King William had the same Forms of Investiture as if his Abdicated Predecessor had left the World as well as his Native Country Why then should Men create themselves Trouble or disquiet their own and other Men's Consciences by Vexatious Disputes against the Divine Will Positive Laws and the Concurrence of a whole Nation Solomon was not David's Heir and yet he Reigned and was Obey'd with good Conscience Joram was Ahab's Son but Jehu succeeded King Joram had a Right from Ahab but Jehu from God
Brackly was mended by the Addition of the Rich Parsonage of Burton on the Wold in the same County Nor did the Reward of this Service extend only to Sybthorp but slew a Cathedral Height for Dr. Abbot Archbishop of Canterbury refusing to License this Sermon to be Printed was soon after Suspended from his Bishoprick and Dr. Laud that did License it being then Bishop of St. Davids was Translated to London and afterwards to the Metropolitan See of Canterbury Nay so strong run the Tide of Preferment then in this Corrupted Channel that few Divines or Common or Civil Lawyers were preferr'd to any considerable Place either in Church or State that did not in the Pulpit and on the Bench vigorously maintain these Novel and Destructive Opinions to the Scandal of their Functions and intended Ruin of the Kingdom To this Doctrine must be ascrib'd the Mischiefs of all former and later Reigns under the Protection of which any King may play the Tyrant without Control tho' it often proves Fatal to him that lays the Train And so it happen'd to Charles the Second for no sooner had his Unlimited Power been so Strenuously Asserted that he was come to give the finishing Stroke but his Death seem'd Necessary and Seasonable to make way for the Duke of York to open the Execution of the Grand Design in a bare-fac'd Subversion of the Religion and Laws of England At the Beginning of the Restoration so great an Opinion was conceiv'd of His Highness the Duke of York that his partial Admirers would suffer no Man to Insinuate his being Reconcil'd to the Church of Rome but set him up under all the Noble Qualities that might render him Acceptable to a Credulous People not only as Merciful in his Temper Just in his Dealings and endu'd with all Gracious Inclination to our Laws and the Rights of the Subject but for one Orthodox in his Religion too and who would prove a Zealous Defender of the Doctrine Worship and Discipline of the Church as Establish'd by Law In this Persuasion they continu'd some Years and tho' he had at length withdrawn himself from all Acts of Fellowship with the Church of England Refus'd the Test injoin'd by Law for distinguishing Papists from Protestants had Resign'd his Office of Lord High Admiral stood Excluded from the House of Lords and that so many Parliaments had eadeavour'd to Exclude him from Succession to the Crown because he had Revolted to the See of Rome and thereby became Dangerous to the Establish'd Religion yet all this would make no Impression upon a Wilfully Deluded and Obstinate Sort of Protestants but in Defiance of all Means of Conviction they would persuade themselves that he was still a Zealot for our Religion and a great Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he openly declar'd himself to be a Papist and afterwards in the Fumes and Raptures of his Victory over the late Duke of Monmouth had discover'd and proclaim'd his Intentions to overthrow both our Religion and Laws Yea so closely had some seal'd up their Eyes against all Beams of Light and harden'd themselves against all Evidences from Reason and Fact that had Success attended the Duke of Monmouth's Arms the late King had gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his being a Papist would have preserv'd the Reform'd Religion and maintain'd the Church of England in all her Rights and Grandures And tho' his whole Life had been but one continu'd Conspiracy against our Civil Liberties and Privileges he had left the Throne with the Character and under the Esteem of a Prince that in the whole Course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Aditum nocendi perfido praestat fides Sen. in Oed. Act. 3. Scen. 1. So Simple Truth does her fair Breast Disarm And gives Base Treachery a Power to Harm King Charles being now Dead the late Duke's Expectations Answer'd and his Ambition gratify'd with a Crown at his first coming to it he endeavour'd to Confirm some and Gain other of his Subjects into a good Opinion of him and their own Happiness under his Government And therefore in his first Speech to the Parliament declar'd so much Tenderness for them and such a Dear Respect for the Preservation of their Liberties that the Cajoll'd Parliament from an Excess of Satisfaction shew'd as much Affection for him as ever Parliament did to a Prince of their own Religion and gave Money till he himself put a stop to the profuse and excessive Expressions of their Satisfaction It must be granted that the Lives of some Professors are not so bad as the Consequences of their Erroneous Opinions and it was charitably thought by the Parliament that the late King James tho' a Papist would not Govern so Arbitrarily as the Encourag'd Doctrines of the Age gave him Leave to do But when they saw their Errour and perceiv'd that Popery and Arbitrary Power were never to be parted that the Monks and Friars Enter'd to Act in their proper Habits that Seminaries were set up in several Places and Houses fill'd with these Religious Furies that the Laws being in the late Reign betray'd into his Hands he unmercifully Stabb'd and Dispatch'd them and that his Antecedent Oaths and Promises were all come to nothing how it fill'd them with Resentments for his having thus Abus'd their Credulity Deceiv'd their Expectations and Reproach'd their Gloryings and Boastings of him But alas it was then too late to seek a Remedy for those Evils that an Easie Belief and a Fond Compliance with Empty Popish Promises had brought upon us Now we Feel what we would not See and Prevent at a Distance Quid nobis certius ipsis Lucret. Sensimus esse potest quo vera ac falsa notemus And what thing can there be more sure than Sense By which we Truth discern from false Pretence We smarted under our own Rod and had plenty of miserable Occasions for the Religious Exercise of that fatal Duty Passive Obedience Our Satisfactions in our New King were vanish'd and the Hopes of living happy Subjects under him were sunk into Apprehensions of Approaching Slavery A general Consternation fell upon the whole Body of the People and the very Tools that assisted the late King in subverting their own Religion and the Civil Rights of their Brethren were afraid in so Universal a Calamity that themselves should also feel the sad Effects of that Thunder with which they had Arm'd their Tyrant In how happy a Condition was James the Second before he violalated his Oaths and Promises and so might have continu'd if he could have prescrib'd any Limits to his Desires of Reigning more Absolutely than the Laws of the Constitution would allow him He had all things at pleasure to make him Great among his own Subjects
* By this means the Romans establish'd their Empire in sharing the Advantages of it among the People whose Obedience is secur'd by Acts of Grace and Protection from Danger and truly did not the boundless Ambition of Unwary Monarchs blind the Eyes of their Reason from discerning their True and Lasting Interests they would never run into such Extreams of Arbitrary Sway as render'd their Government Odious and their Persons Hated No King in Europe has more his own Will and lives more happily than He which conforms his Inclinations and Actions to the Sense of the Law and the Love of his People and in this Sense he may be as Absolute as he pleases without Overturning the World to accomplish it He can Desire nothing but what will be freely Granted him nor Do any thing that will be Distasted And what can the greatest Monarch in the World desire more than to have his Wants Liberally Supply'd his Actions Universally Approv'd and Applauded This and no other End is the Design of the Resistance contended for but that a Prince misguided by ill Counsel may without Injury to his Person or Diminution to his Rightful Authority if fair Means can prevail be Reclaim'd from Violating the Rights of his Subjects and brought to a Temper consistent with his Own and his Subjects Happiness And if any Ill-minded Men carry it further we can only say that the Abuse of a Thing does not impeach the Lawful Use of it Let those that offend the Law suffer for the Breach of it Another End of Resistance is the Good of the People for when all other Means to reduce the Prince into a right Temper has with all due Respect and Submission been us'd but effected nothing then and not before Resistance is necessary for our Privileges are granted by the same Laws by which the Prince has his Authority and makes an Universal Defection or Resistance lawful when all would be Ruin'd without it for the Doctrine of Non-Resistance is not of Constant and Eternal Obligation in all Circumstances Calling to Account are Acts of Authority but Resistance for Self-Defence is a Right of Nature and Inalienable In every Province and Kingdom of the Universe we may find Instances where Subjects have been necessitated to secure Themselves their Religion and Liberties by Resisting their Prince whose repeated Acts of Tyranny did visibly threaten their Ruin and this was always look'd upon as a sufficient Reason to dispence with their Allegiance especially when the Necessity was not pretended or Created by themselves but apparently forc'd on them by their Prince who was oblig'd to preserve them When our Saviour was walking in the Garden and expected the Jews to come and Seize him by Violence he was pleas'd to command that he which had a Sword should take it and being told there were Two Swords he said it was Enough How Enough Not to encounter the Arm'd Multitude that came along with Judas he could not think so But they were Enough to let his Disciples know that upon such Occasions they had a Right to defend themselves In Extream Dangers we are allow'd to make use of Extream Remedies Former Ages it seems were Strangers to the Doctrine of Non-Resistance for Resistance has been allow'd by Kings themselves Henry the Second allow'd it by causing his * Barons to Swear â—russel's History of 〈…〉 that if he should not perform the Covenants between himself the King of France and Richard Earl of Poictou his Son they should renounce him and join with the King of France and Earl Richard against him Richard the First when he went to War in the Holy Land substituted William Bishop of Ely and Lord Chancellor of England to Govern in his Absence who abusing his Authority the Bishops Earls and Barons having Routed his Party they Depos'd and Banish'd him and these Proceedings were approv'd and confirm'd by the King himself at his Return So that in those Early Days the Nobility Clergy and People had no Apprehensions of an Irresistible Power in Kings and those Commission'd by them when they found their Power grew Tyrannical and Unsupportable King John attempting to destroy the Liberties and Privileges of his Subjects granted by Magna Charta the Bishops Barons and Great Men of the Kingdom of all Degrees and Conditions took up Arms against him and never laid them down till the King and the Prince his Son had sworn upon the Holy Evangelists to maintain the Subjects Privileges and if they should break them that it should be lawful for his Subjects to Renounce their King and to gain them by Force And this was never accounted Rebellion for the Pardon that follow'd it was mutual not only for those that adher'd to the Earl of Gloucester but for those also that took part with the King In the Reign of Edward the Second this Doctrine of Resistance was asserted upon several Occasions and so gross were the Enormities of this Prince that in an Act of Indempnity in the First of Edward the Third the particular Illegal Acts of the King his Father are recited and all that Resisted him are Pardon'd without loading their Memories with Reproachful Epithets Henry Duke of Gloucester oppos'd the Tyranny of Richard the Second and had the Crown for his pains and those that came over with him were pardon'd in decent Language without calling them Rebels or Traytors So that it seems the Parliaments of Edward the Third and Henry the Fourth that Pass'd these Acts of Indempnity had no ill Opinion of the Doctrine of Resistance in Cases of Extream Necessity To which give me Leave to add the Opinion of a Learned Man on this Subject and I shall ease the Reader of further Trouble 'T is * Opusc advers Adulat consid 7. Gerson the famous Chancellor of the University of Paris who says 'T is an Errour to assert that an Earthly Prince as long as his Dominion lasts is not engag'd to his Subjects in any thing for according to the Divine Law Natural Equity and the true End of Power as Subjects owe their Prince Fidelity Subsidy and Obedience so their Prince owes them Fidelity and Protection and in case he does Publickly Obstinately and Imperiously oppress them their Natural Right takes place and makes it Lawful for them to Repel Force by Force So that the late King James has no Reason to complain of Hard Measure from his late Subjects For if the King of England be a Limited Prince as certainly he is and bound by Oath to Govern according to Law and that his Authority depends upon the Right Exercise of it and can claim no Allegiance but upon those Conditions they are not to blame for they did not Desert or Resist him till he had Renounc'd to be their King according to the Constitution by avowing to Govern by a Despotick Power unknown to the Constitution and Inconsistent with it The Breach was first made on his part by Renouncing to be their King according to the Law that made
and that in no case whatsoever they might be Resisted to which I shall add no more till I have answer'd the Calumny of the Papists who charge the Revolution upon the Principles of our Religion Pere d'Orleans the Jesuit with design to draw off the Roman Catholick Princes from a * Revolution d'Angleterre Tom 3. p. 395. Confederacy with King William and other Protestant Princes for the preservation of Europe and to perswade them to unite their Arms with those of France and the late King James on whose success as he says depends the Glory and Stability of the Popish Religion after he has scandalously told them that this Confederacy was a Combination against God and his Messias the subtle Missionary would insinuate that the late King was Depos'd merely upon the account of his Religion and that if he had been of no Religion or any thing but a Papist he had never lost his Crown which is a great Calumny and to say no worse a wilful mistake for in Antient times long before the Reformation had footing in England and when the profession of the same Religion ty'd Men in one Communion and Worship and when there could be no Apprehension of Grudges upon the Pretence of Different Persuasions in Religion there were equal Animosities and Struglings between the Antient Britains and their Kings as often as they thought their Laws and Liberties were in danger of being Invaded or Destroy'd by them None that converse with History can be ignorant that the same Innate and Congenial Temper has always sway'd these Northern Climates in all Ages within the Reach of History and was observ'd to be Predominate by Julius Caesar him self in his own Reign here Tacitus has an Instance very applicable to this purpose * Ipsi Britanni selectum tributa injuncta Imperii munera impigre obeunt si Injuriae absint has aegre tolerant jam domiti ut pareant nondum ut serviant Tacit. in Vita Agricolae Sect. 13. The Britains saith he are easily assembl'd pay Taxes freely and execute Offices in the Government chearfully if no Injuries be offer'd them for they are willing Subjects but impatient under Slavery When they were under the Power of the Normans they had often Recourse to their Arms to prevent the Incroachments and abate the Oppressions of that Race of Kings although they were All of the same Religion as is apparent in the Reign of William the First who upon the Opposition he met with relinquish'd his Pretence to Conquest and swore to govern the Kingdom by its Antient Laws William the Second was defeated by many of his Subjects who took part with his Elder Brother Robert Duke of Normandy because Rufus had violated the Laws From the same Cause when Duke Robert rais'd an Army against his other Brother Henry the First the greatest part of Henry's Army Revolted to Robert because as Matthew Paris says Henry had already been a Tyrant Another Commotion was rais'd against this Prince and the Party headed by Stephen Archbishop of Canterbury King John was brought to Reason by the Resistance he found by the Great Prelates Nobility and Gentry who slighted the Pope's Bull for Abolishing their Great Charter and valu'd neither the King's Arms nor the Pope's Excommunicating of them all when they stood in Competition with their Antient Rights and Privileges What Troubles and Danger did the Barons and Bishops bring upon Henry the Third for Violating their Privileges His Reign gave Birth to the Complaint that fill'd the Subjects Mouths in the Reign of King James viz. That Judgment was committed to the Unjust the Laws to the Lawless Peace to Men of Discord and Justice to the Injurious So that not only the Nobility Gentry and Commonalty but the Bishops of his own Church Warr'd against him threaten'd him with Excommunication and that if he would not be reclaim'd from his Illegal and Arbitrary Proceedings they would conferr with the other Estates of the Realm and as they had done in his Predecessor's Time would chuse a New King And if in so Antient Times when Popery was on the Meridian of Glory and Power not only the Laity but the Prelates of the Church thought it Lawful to Resist their Monarchs who were breaking in upon their Liberties why may not Protestants do the same without Scandal to their Holy Religion when they had greater Reasons and stronger Provocations than former Times could pretend to Their Religion was never in danger by any of those Kings But ours had receiv'd a deadly Wound by James the Second and was almost Expiring till we took shelter under a Prince who is not only able to Protect his own Subjects but to hinder other Nations from being brought under the Yoke of Slavery The Reader I hope will easily perceive that these Instances are not urg'd to flatter the Rage or gratifie the Passions of Seditious Rebels but only to shew that it has always been the Genius of the English Nation under all Forms of Religion to be very Tender of their Privileges and gave greater Proofs of their Zeal for them in Times of Popery than ever they have done since ehe Protestant Religion obtain'd amongst us Which may at once confute the Jesuits and convince the World that we did not resist the late King James because he was a Papist but because he was a Tyrant tho' it has been observ'd in England that Popery was the first Step to Arbitrary Power and the nearer any of our Kings inclin'd to Popery so much the more did our Privileges decline till at last they were almost totally destroy'd by a Prince that openly profess'd it and all our Crime is that we would not be content to be Ruin'd by the late King and his Popish Emmissaries and rather chose to desire Protection Liberty and the Restitution of our Privileges from His Present Majesty than abide in the Condition of the vilest Slaves to the late King James A Crime for which I am very confident no Papist tho' he Rail at us with his Tongue can condemn us in his Conscience And this brings us to the last Plea that our Opponents are pleas'd to enter against the Doctrine of Resistance and securing our Obedience to the late King viz. That we are oblig'd by our Oaths to Obey and not Resist him upon any Pretence whatsoever To which I Answer How large an Extent soever some Men may give to the Oaths they took in pursuance of an Act of Parliament in the 13th of Charles the Second yet they ought to remember what must always be suppos'd as the Natural Condition of every Oath Rebus sic stantibus Things continuing in the same State as they were in at the Time of Taking these Oaths for otherwise the Obligation ceases when Things are so changed that they are Unlawful or impossible to be observ'd When we took these Oaths to the late King we believ'd he would observe and keep his own Oath at his Coronation and protect us in
into Scotland with the Lord Seaford without being able to obtain a Pardon for his Life or Estate From this and other Instances that might be given we may see their Popish Juggling for when an Act of Parliament is made against a Papist 't was no less than Treason to question the King 's Pardoning and Dispencing Power but when an Act bears hard on a Protestant and their King as he pretends has a Mind to Ease them then the King has no Power to Dispence he cannot grant a Pardon his Hands are bound up by Law So that the End of Setting up this Dispencing Power was only to shelter Papists from the Law and ruin Protestants for the Papists in their Hearts we see are as much against it as the Protestants To go on The late King declar'd in Council that he would publish such a Proclamation in England as he had done in Scotland and that none should have Employments under him that would not co-operate in taking off the Penal Laws And he began to execute these Resolutions with a Conduct full of Violence and Injustice The Lord Bishop of London was put out of the Privy Council and Suspended from his Episcopal Office because he would not Suspend Doctor Sharp now Archbishop of York without Legal Process The Earl of Rochester was depriv'd of his Office of Lord Treasurer because he would not change his Religion And the Duke of Sommerset lost his Office because he would not violate the Laws of the Kingdom in performing the Honours at the Reception of the Pope's Nuncio as is usual at the Introduction of Ambassadors To say in Excuse of this that James the Second turn'd out Great Officers of State because they would not obey him and concurr with his Intensions is to publish a Truth that ought to have been Conceal'd by his own Party because it was an evident Demonstration that his Intentions were Unjust and level'd against our Laws and Religion In Things Lawful tho' not Expedient he found a Tacit Compliance nay some of them to keep him in Temper perhaps comply'd further with him than the Strictness of the Law would justifie as Men pull down some Houses at a Fire to preserve the whole Town from Burning But to comply in all things had been to forfeit their own Honours to justifie his Illegalities and Tyranny 2. The Second Means that the late King James employ'd for the Destruction of the Religion and Liberties of England was granting an Ecclesiastical Commission directly contrary to Law This declar'd by what Methods he intended to govern for every Step he made was a new Project to assert his Arbitrary Power and acquaint his Subjects that he would make all Laws Useless that all Power should rest in his own Hands and the Administration be Issu'd from no other Source but his own Will and Pleasure for there was no Occasion for such a Commission but only to shew what he would be at and declare his Purpose to ruin the Church of England Therefore the Commissioners were Devoto's of the Court for the Archbishop's Name was put in but to grace the Matter They knew before that he would not Act and therefore to colour the Sham they oblig'd him to ask Leave to be absent To make this Commission more Illegal a Papist is appointed one of the Commissioners and the whole cloathed with as Absolute a Power as the late King himself was aspiring after They had not only Power to Repress and Punish all Abuses punishable by the Ecclesiastical Laws and to proceed against Offenders by Interdiction Suspention Excommunication Perpetual Imprisonment c. but they had also Power to Exercise their Authority in all Parts of England to Visit Cathedral-Churches the Universities Colleges Parishes Schools and Hospitals to Judge in all Causes and make new Laws Rules Orders and Statutes and Abolish the Old ones as the present Necessity requir'd notwithstanding any Privilege Statute Exemption or Prerogative to the contrary Which was such a boundless Stretch of Power as never had nor I hope never will have any other President than it self Thirdly He pursu'd his Arbitrary Methods by 3. Setting up Popery in Opposition to the National Religion to Ruin his Protestant Subjects and force the whole Kingdom under Subjection to the Papal Laws which had already sentenc'd them to Destruction and that nothing less could be the Design of this Unhappy Monarch will evidently appear if we consider how Popery represents us to the World and how Papists think themselves oblig'd to treat us under those Characters The modestest Terms the Popish Writers can afford the English Protestants is That they are a Pack of Sacrilegious Usurpers of their Church's Patrimony and a Nest of Obstinate Hereticks that ought to be Sacrific'd to their Revenge and Rooted out of the World by any Means whatsoever and this say they is always to be attempted by every good Prince according to Bellarmine's Salvo Ne sint fortiores nobis Unless they be too strong to be subdu'd For otherwise even Massacres are never condemned but when they are unsuccessful And how then they would have us'd us if they could have established their Mischiess by Laws as Bloody as their Minds let the Marian Persecution acquaintus And why should we tempt them again whose Religion is Cruelty and smells so much of Fire that the very Smoak makes us tremble The Laws of England always intend the Preservation of the Subject but Popery when Triumphant in respect of Protestants is destructive to all Laws contrary to the Law of Society to the Law of Government to the Law of Empire to the Law of Royalty and especially to the Laws of a Mix'd Monarchy such as England's are and Protestants can never be safe where 't is Regnant First 1. Popery is against the Laws of Society in all Protestant Countries as well as in England for according to the Romish Tradition the Reform'd are all Hereticks and as such are Ipso Facto depriv'd of the Right they had to their Goods their Children their Liberty their Privileges and even of their Country and ought to be regarded only as Robbers * Becan Theol Scol p. 1. cap. 15. quaest 6. Thieves Murtherers Rebels and Traytors condemn'd to Death by the Church and ought to be deliver'd to the Secular Power to be Executed And to compleat the Tragedy that Holy Church appoints prodigious Recompences to Princes that Exterminate them and Anathematize those that refuse it Now whilst a Popish Prince lies under the Persuasion that his Protestant Subjects are such as his Church represents them that they are not a People nor have Right to any thing they possess he lies under so great a Temptation to destroy them that they had no Reason in the World to trust him with their Lives or suffer him to set up a Power that will inevitably destroy them Secondly 2. It is not less Incompatible with the Law of Government for that is design'd to Protect and Defend And how can that
Laws do not only totally exclude Papists from Military Offices but injoin them to be Disarm'd also Notwithstanding James the Second did not only Arm them but put them into the First Employments of the Army and all other Stations And was so fond of them that no Consideration either of Quality Loyalty or Merit except he was a Papist could Recommend any Man to this King's Favour or give him Title to the common Kindness of a Civil Reception but all were Smil'd or Frown'd on as they were distinguish'd by their Religious Principles Men may live happily under a Government and yet be excluded from having any Office or exercising any Authority under it and therefore the late King's Fondness and the Papists Forwardness to thrust themselves into Employments gave a great Suspition that it was for no good End that he put Wise and Experienc'd Men out to make room for a sort of Raw Papists who being not us'd to Publick Business were not capacitated for it No Man can imagin that the late King made this bold Adventure in Employing Papists for nothing or that he would disoblige the Body of his People for their sakes only without designing some other Advantage to himself by it He must have some peculiar Service for these Unqualify'd Favourites to do in which the rest of the Nation would not inter-meddle The Contest was between the King 's Absolute Power on the one side and our Laws and Religion on the other And therefore to know what Work their King had for them to do and to what End he would have employ'd these Services here is but to see Vide State of Ireland under the Reign of the late King James what Use he put them to in Ireland and how they demean'd themselves towards Protestants where the Scene was open'd and all manner of Violences committed upon Protestants by his Authority He also corrupted the Exercise of Justice on which depends the Safety of the Nation and the Stability of the Throne The Judges were Tamper'd with and Admitted upon Condition of favouring and promoting the late King 's Arbitrary Power and the Popish Interest Those Judges were Depos'd who were fix'd in their Religion and Resolutely defended the True Interest of their Country and others put into their Places of no Honour Integrity or Capacity but known Temporizers or Papists who were excluded by the Laws of their Country Upon this follow'd very Arbitrary and Illegal Proceedings in the Courts of Judicature A Prosecution was carry'd on against Seven Reverend Prelates for Petitioning the King to Redress their Grievances and giving their Reasons why they could not obey his Arbitrary Commands Causes were Try'd in the Court of King's Bench that were only Cognizable in Parliament Partial Corrupt and Unqualify'd Persons were Return'd and Serv'd on Juries in Cases of High Treason that were not Free-Holders Great Bail requir'd of Persons Committed in Criminal Causes Excessive Fines Impos'd for small Offences Illegal and Cruel Punishments Inflicted without Example or Law to warrant them And for a finishing Stroke The late King was also pleas'd to Grant and Seal a Commission to several Unqualify'd Persons to Examine the Revenues and Search into the Foundations of all the Hospitals in the Kingdom and see to what Uses they were first given by their Benefactors And into the Estates that some time ago belong'd to Monks Friars and other Religious Orders of the Romish Church with Intent to Restore them to the Papists who complain'd to the late King that they were Wrongfully Depriv'd of them In brief Never any Prince in so short a time committed so many Irregularities and made such Inroads upon our All as James the Second did by his Dispencing Power in England his Absolute Power without Reserve in Scotland and his Actual and Absolute Destruction of the Liberties and Religion of the Protestants in Ireland To which if we add the more than seeming Probability of the late King 's Leaguing with France for the Extirpation of the Northern Heresie 't will compleat his Design and make the intended Ruin of England unavoidable for more Hands would have made lighter Work and Experienc'd Artists would have finish'd it sooner I will not urge this League as a plain and positive Truth tho' I am strongly inclin'd to believe it and therefore shall only produce my Reasons and leave them with the Reader to judge as he pleases Mr. Coleman who must be presum'd to know much of his Master's Mind being in the same Interest and the Tool he work'd with in all his Secret Practices gives great Suspicion of the Truth of this Combination in a Letter to Sir William Throgmorton Feb. 1. 1678. You well know saith he that when the Duke comes to be Master of our Affairs i. e. to be King of England the King of France will have Reason to promise himself All things that he can desire And in a Letter to Father Le Chaise Confessor to the French King he says That His Royal Highness was convinc'd that His Interest and the King of France 's were the same And whether he ever thought fit to change his Mind since his Accession to the Crown his own Actions will better declare than any Gloss of mine In this State of Amity Things continu'd between the French King and the Duke of York till he was King And when the Prince of Orange's Fleet was preparing for his Noble Expedition into England they seem'd to rest on the same Foot for Monsieur le Comte d' Avaux the French King's Ambassador at the Hague in a Memorial to the States General acquaints them That his Master knowing the great Preparations for War that their Lordships were making both by Sea and Land was not without some Design form'd answuerable to the greatness of those preparations and his Master believing that it threaten'd England he had Commanded him to declare on his part that the Bands of Friendship and Allyance between him and the King of Great Britain will oblige him not only to assist him but also to look upon the first Act of Hostility that shall be committed by your Troops or your Fleet against his Majesty of Great Britain as a manifest Rupture of the Peace and a Breach with his Crown To this Memorial the States of Holland gave Answer That they Arm'd after the Example of their Neighbours to be ready upon Occasion 'T is true the French Ambassador does not mention the League in express words yet he gives very shrewd Hints that there was some such thing as a League or an Equivilent between the two Crowns and so the States of Holland took it For in their Answer to the English * The Marquiss d'Arbaville Ambassadors's Memorial their Lordships tell him That they were long since fully convinc'd of the Allyance which the King his Master had treated with France and which has been mention'd by Mr. Le Comte d'Avaux in his Memorial The Industry and Care that has been us'd to stifle this League does also
Ishbosheth had Right by Descent from Saul but David was made King And 't was for the sake of Religion that they were thus Plac'd and Displac'd In France Childeric was Depos'd and Egidius or Gillon a mere Stranger but in Reputation for Probity and Wisdom was Elected in his stead Pepin was Elected King and Thierry Depos'd Pepin Grandson to the former was by Parliament Crown'd King tho' there was of that Marovinian Race in Being Charlemain's and Hugh Capet's best if not only Title was the Choice of the People So that I wonder the French Writers should question the Legality of the late Revolution in England since if we look back into the Original of other Kings and how they came to their Crowns King William's Title to the Crown of England is as good as the best and much better than some now Reigning in Europe for if all the Monarchs and Governments in Europe that have succeeded such Depositions or Abdications have been Unlawful and Usurp'd there is not one Monarch or Government in all Europe nay scarce in the whole World that can say they have a Lawful Authority but must acknowledge according to the Doctrine of D' Orleance that they are all Usurpers Which I wonder he had the Confidence to Assert since he cannot be ignorant that the French Kings enjoy their Crowns in Consequence of the Abdications and Depositions of their Predecessors and the People's Elections which succeeded those Dethronements So that King William 's Title to the Crown of England is as good as King Lewis's to France if not better for their own Historians give great Suspicion of Unfair Dealings and Sly Practices in the Elections of some of the French Kings but neither Envy it self nor the most Inveterate of all our Enemies could ever object it against King William that by any Acts of Force or Arts of Corruption he endeavour'd to work on the Members of either House to labour his own Advancement but that it was the Free Election of the Majority after long Debates and Consultations on other Expedients His Majesty did not like King Harold lay Violent Hands upon a Crown but only Accepted it when it was Offer'd And which shews his Goodness and Justice he receiv'd it too on the Conditions that were offer'd with it which gives us a lasting Assurance of the Regularity of his Government His Vertue and his Merit recommended him to England by their Free Election he was made King and that is the Right he Claims by and being the most Righteous and Lawful that can be without a Miracle it makes out Allegiance and Obedience to him become our Indispencible Duty But That which I but hinted before and now comes to Crown all the rest and put it quite out of Dispute for ever is It was God's Doing the Immediate Hand of Heaven was in it And truly nothing less could have accomplish'd such Miraculous Things We all know what the Nation Felt and Fear'd the Overturning of this Church and the Subverting this Government Now all this being stopp'd our Religion secur'd our Temporalities safe and a Check put to the Spirit of Persecution and all in so short a Time must be ascrib'd to an Almighty Power and Goodness That when the Design of our Deliverance was Form'd and Essaying there should be so extraordinary a Concurrence of all Favourable Accidents and disposing all Men's Minds the same Way That the Precipitation and Folly of our Persecutors in opening their Ill Designs so Early and the Unrelenting Cruelty put in practice in a Neighbouring Kingdom should send us over so many Thousand Witnesses to awaken us and shew us what we were to expect when that Bloody Religion became Triumphant amongst us and what all Oaths Promises and Laws should signifie as soon as they could break through them And that this should happen at the same time when the late King was Suspending Laws in favour of the Papists That our Enemies should go on so fast and Bare-fac'd That they should grasp so much at once and suffer the Hook to be so ill cover'd when the Bait was thrown out And that all their Designs should be blasted by themselves must be ascrib'd to the Eternal who brings to Light the hidden Things of Darkness and suffers the Wicked to be taken in the Snare they prepar'd for others Further That the great Supporter of Persecution should start a Quarrel with the Head of that Mystical Babylon and divert his Force to a New War an unjust one to be sure since he began it And so many great Princes should Unite to Stop his Carier and preserve Europe That so great an Army as the late King had Rais'd from whom our present King might expect a stout Opposition should voluntarily Desert grow Supine and comply with Reason and the Good of the Nation That such a Divided People should so Unanimously Concurr in in Electing the same Person to be their King and that this mighty Deliverance should be perfected without Shedding of Blood agreeable to the Proposals and Intentions of our Great Deliverer the Laws of the Land and the present and future Tranquility of the whole Nation must be the Lord 's Doing and ought to be Commemorated to his Eternal Glory and Accompany'd with a Grateful Retribution and Dutiful Obedience to our Gracious King who hath done such great Things for us Which is the last Particular 'T is doubtless one of the most palpable Signs of a Base Profligate Nature not to be oblig'd by Favours 'T would be an Injury to a Beast to call him Ingrateful That Epithet no Being can deserve but one that is degenerated into something more Vile than the worst of Animals that has broke through all that is Modest Ingenious and Tender and Apprehensive in Humane Nature And for the Noble Creature Man to be guilty of Ingratitude in Offending our Deliverer or Dishonouring our Sovereign by any Rash or Unadvis'd Words or Actions who sav'd us from Ruin who snatch'd us from the Brink of Destruction To return him Evil for Good to requite his Favours with Indignities to Diminish his Power by taking too much upon themselves to Mis-represent his Gratious Intention or Lessen or Detract from his Goodness is to sink below Comprehension and render himself unworthy of the Blackest Thought With what Emotion and Grief of Mind then can we think of those that are already grown so Insensible of their past Dangers and forgetting the Mercy of their Deliverance abuse Modest Ears with Invidious Reflections upon the Supream and Subordinate Authority they ought to obey How is Conversation Sour'd by those Animals that like Tame Ducks are always dabling in Nasty Gutturs that Espy and Publish all Men's Faults but their own and can no more rest from Reproaching their Superiours than a Crow from feeding on Carrion Jealousies like Bull-Rushes grow out of the Mud of their own Brains and their Suspicious and Ungrounded Glances discover more Rancour than direct Contumelies They boast of their Affection and mighty