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B03488 A letter to Dr. W. Payne Grascome, Samuel, 1641-1708.; Payne, William, 1650-1696. 1689 (1689) Wing G1574; ESTC R177617 5,072 4

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that or any other Case and withall that though the Law of Nature allows to resist private Violence in ones own defence yet it does not to resist the publick Magistrate for that would be destructive of publick Good and injurious to the Peace and Welfare of Mankind which the other is not 4. And lastly they have been taught p. 28. that they must never expect to find a remedy against all possible Inconveniences in this World but shall be always subject to some publick as well as private Evils that the Projectours of the late Times would have the Prince accountable to the People but never was more mischief done than by that Traiterous device Id. p. 30. that there must be unaccountable Sovereignty somewhere that a legal Constitution such as our own is a great security to us that things would not stand long bent by an illegal Force p. 31. but would by degrees unloosen themselves and would come right again in a little time and which is much more considerable than all this that God's Providence and Government of the World is the best security in this and all other Evils we are subject to that Princes are God's immediate Officers and Lieutenants and he will take particular Inspection over them that they abuse not his People committed to their charge that to him alone they are accountable and therefore he who has exempted them from the cognizance of others will take the matter into his own hands that satis est quod Deum expectant Ultorem that a Tyrant's Subjects have not half so much reason to fear his Power as he has to be affraid of God's p. 32. that the great Patron of Justice will set Bounds to the Power and Injustice of Princes and as far as is necessary for the good of the World and for his wise Designs so far shall they go and no farther These things have been publickly taught and they are so plain and convincing that divers you see are not able to withstand their Force howsoever others may And as we have been not long since taught thus both from the Pulpit and the Press so if we a little consult our standing Laws and the nature of our Constitution and the late Opinion of all our beneficed Divines we shall easily see all these agreeing hereto For 1. There is a Statute of 1 Jac. 1. that very expresly declares the Right to the Monarchy to have lineally descended to the Prince and by proximity of Bloud and that hereupon he was recognized and submitted to by the whole Nation and not upon any Choice or Election of the People There is another of the same King that enjoins the Oath of Allegiance to him as the true and ard rightfull King and which deserves well to be considered makes it Treason to go about to persuade one to take the Oath to any else 3 Jac. 1. c. 4. And so long as Mens Allegiance is thus due to the rightfull King you would be very kind if you would shew those who are dissatisfied that they may transfer to any other without Sin. 2. That neither the Peers of this land nor the Commons nor both together in Parliament or out of Parliament nor the People collictively nor Representatively nor any other persons whatsoever have any coercive power over the persons of the Kings of this Realm is as plainly declared as words can do it 12 Car. 2. c. 30. with other Acts to the same purpose And Bracton you know tells us that if the people be at any time oppressed by their King they are to use onely the primitive Arms of prayers and Tears His words are these Si autem ab eo petatur locus erit supplicationi quod factum Suum corrigat emendet quod quidem si non fecerit satis sufficit ei ad Poenam And not only your self but all other Benificed Divines were so well perswaded of this that it is very well known you have all in a solemn manner professed that it is not Lawfull upon any pretence whatsoever to take up Armes against the King or any commissioned by him which it is to be hoped you did in the sincerity of your hearts and what strong Reasons any of you may have met with since to alter their Judgments I cannot tell Again lastly It is possible that some at least of those whose defence I have here undertaken may be dissatisfied concerning the power that enjoins these Oaths For they may think perhaps that by our Constitution a Convention hath no power at all in Law and therefore may not be of power enough to alter the Succession and so may question whether this be a Lawful King or suppose they could get over this stumbling block there is yet another very considerable doubt arises in Relation to the house of Commons whether they had any Authority to Act as sn house of Parliament in imposing these Oaths And this is not a needless scruple if we consider that 1. Our Law owns no Parliaments but what are called by the Kings Writs 2. Nor doth it know any member of the Lower house but who are chosen for a Parliament 3 Nor doth it give a Right to any to Act in the house til they have taken the Test 4. And if any one enter and take their place there before they have taken the Oath of Supremacy their place is void and they are not at liberty to take it afterwards but new Election is to be made 5. Eliz. c. 1. 5. And lastly The former Oaths of Allegiance and Supremacy have been so imposed by divers Statutes and are so expresly required of all Members of Parliament that none could possibly have a Power of Substituting others in their stead till they had taken those and had swore if not that they believed King Jamos yet at least that they believed King William to be rightfull King of this Land. Wherefore upon these several Accounts its possible some may think for I will ●●t undertake to speak positively of other Mens private Sentiments 't is possible Isay that some may think these new Oaths not to be enjoined by a competent Authority and that supposing they had believed the matter of them to be lawfull which I am pretty well satisfied they do not yet-they could not think they ought to take them as now imposed Here. Sir. I have presented you with some of those Reasons which our dissatisfie'd Cl●rgy may have to offer for themselves And now that I have given you this trouble I must take the boldness to add another to it and that is to intreat that you will be so kind as not to shift off the matter to a Conquest which is neither owned by King nor People nor to a vacancy by a voluntary Desertion which is a falsity in matter of Fact and no way reconcilable to the Kings Design of sending to the Convention in order to return and his appearing since in Arms to recover his Right and which had it been true could never have amounted to a Resignation unless it had been apparently without a design of returning again to his Government which this could not be said to be but that you will return a serious Answer and such as you will not be ashamed of at the last whereby you will oblige Sir Your Humble Servant