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act_n king_n parliament_n repeal_v 4,000 5 12.1621 5 true
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A61505 James Stewart's answer to a letter writ by Mijn Heer Fagel, pensioner to the states of Holland & Wes Friesland concerning the repeal of the penal laws and tests.; Answer to a letter writ by Mijn Heer Fagel Stewart, James, Sir, 1635-1713. 1688 (1688) Wing S5533; ESTC R5013 18,365 38

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than come in sneakingly afterwards under the Security of the desired Repeal Especially when it cannot be doubted but that both by the Fundamental Laws of Government and also by the force of his Majestie 's Prerogative from which no Successor will willingly derogate those that are or shall be imployed are in all Events secured And that at least it is incontravertibly as safe for a Man to accept of a publick Imployment as to go to a Conventicle Fourthly The most material Consideration on this Point seems to be much by you neglected viz. That we are not in the condition of an absolute free choice but under the limited offer of a plain alternative I mean Either that the present Liberty shall be continued on condition that the restraints of Tests be also taken off from Roman Catholicks or else if this be denyed that the other shall at least become more precarious Now whether a true Protestant having the fear of God as you express it in this Conjuncture and in a just view of all our Circumstances may not very allowably think that the free Liberty of the Gospel as being Gods way is more valuable as to the Interest of the Protestant Religion than the exclusion of a few Roman Catholicks from having Place in Parliament for to this narrow Compass we see it plainly brought which is but Man's way and whether this last may not well be consented to for the establishing of the first let all Impartial Men judge You tell us that If the Protestant Dissenters should upon this acceunt be deprived of their Libetty the Roman Catholicks are only to blame for it Who rather than be restrained from having a share in the Government do chuse to have both themselves and the Protestant Dissenters ly still under the weight of the Penal Laws But if the proposal made to the Dissenters be fair and their complyance not sinful you must of necessity grant that for them to be dispossessed of their Liberty the great concern of their Souls and the best method of supporting true Religion is but poorly repaired by telling them that the Roman Catholicks are to blame for it Fifthly Your frequent supposing That the Roman Catholicks will be still attemping to overturn the Protestant Religion and disturb the Kingdoms Peace and that they will get into all places of Trust and press the King in Conscience and give Him no rest until they accomplish their Designs appear to me to be too manifest improvements of a melancholy Jealousie For as hath been often said It is not a simple Repeal of Penal Laws and Tests but the Establishment of an equal Liberty whereby the Protestant as well as the Roman Catholick may be secured against all Persecution that his Majesty designs So that it is not possible that you should judge the Repeal of the Test to be the licensing of Roman Catholicks to attempt the ruin of the Protestant Religion unless you think that the Protestant Religion can never by Law be secured against the attempts of others if it be not at the same time armed with a Power to persecute them Sixthly You tell us That Roman Catholicks are not shut out amongst you from Military Imployments and that it had been hard to have done it both because the good Services they did you in the Wars for defence of your Liberty deserved that Recompence and because their Numbers being but few any Inconvenience arising from their admission might easily be prevented Now by this you plainly acknowledge that this whole matter is subject to a Rational Deliberation and is to be determined by the weighing the Conveniencies and Inconveniencies that attend such an Admission or Exclusion without entering into any deeper reflection about the Lawfulness or Unlawfulness thereof And further I must tell you that his Majesty has not only the same Considerations that you mention to move Him in Favour of his Roman Catholick Subjects but all things considered I think it may very well be asserted that the admitting of Roman Catholicks with you to Military Imployments is much more unnecessary than the admitting of them with us to place in Parliament upon the Conditions declared can be dangerous and that if the Adventure be on this side more hazardous yet it it compensated with counterbalancing Advantages that render it much more excusable than your unnecessary Practice Seventhly Tho you are pleased according to your ordinary Prudence and Moderation to propose your Fears with much Modesty yet others there are in your Parts as well as here who speak out the Devices of their own Imaginations more plainly and tell us That if the Test were taken away his Majesty might by a new Creation of Peers and by bold Returns into the House of Commons get a Parliament of such a Temper as would absolutely forbid the Exercise of the Protestant Religion Revive the Act De Comburendo and make yet greater Alterations in the Government But how vain and groundless to say no worse these Apprehensions are may appear by what his Majesty hath already done in putting a stop to our late Persecution which in the opinion of many might have carried on that change in Religion more effectually because more easily and insensibly than the Act De Comburendo and all the Fires that it kindled Besides whatever be the Security that Men ascribe to these Excluding Laws it is only from the force they have as Acts of Parliament that it arises Why then should not the same force of a Law as well secure the Protestant Religion in its just Liberty without the Power of persecuting as now its thought to do with it And as for the Facility the King may have to fill both Houses with Roman Catholicks when the Test shall be abrogated Why may he not as well first fill them in that manner and abrogate it afterwards For it is judged by many to be no less than a Fundamental in our Government that the King 's Call with the Peoples Choice and the Lords and Commons Assembling thereupon with his Majesties Approbation are all the Essentialls of a Parliament and that no Parliament can so pre-engage and limit another by any Act or Oath that it cannot Act as a Parliament until it first comply therewithal If such a Power of Limitation were admitted One Parliament might by an Oath framed for the purpose restrain weaken and even make void the Power of all succeeding Parliaments for ever So long indeed as Oaths and Tests appointed by Acts of Parliament do stand unrepealed they are undoubtedly binding But to think that One Parliament can so bind up and prescribe Rules to Another that tho it may repeal the very Act so binding and prescribing yet it hath not Power to do so till first it submit it self by Oath unto the Rules prescribed and then perjure it self by the Repeal is an Absurdity against the very Essence of Parliaments But Lastly As matters ought not to be strained on either side especially when all things concur