Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
and Setled in the Kingdom by the General Election of the People and in his Life-time the Nation was Sworn to the Succession of Edward the First before he went to the Holy Land. Edward the First being out of England by the Consent of Lords and Commons was declared King. Edward the Second being misled and relying too much upon his Favourites was Deposed and his Son was declared King in his Life-time Richard the Second for his evil Government had the Fate of the Second Edward Henry the Fourth came in by Election of the People to whom Succeeded Henry the Fifth and Henry the Sixth in whose time Richard Duke of York claimed the Crown and an Act of Parliament was made that Henry the Sixth should enjoy the Crown for his Life and the said Duke after him after which King Henry raises an Army by Assistance of the Queen and Prince and at Wakefield in Battel kills the Duke for which 1 Ed. 4. they were all by Act of Parliament Attainted of Treason and one principal Reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had killed him Edward the Fourth enters the Stage and leaves Ed. 5. to Succeed to whom Succeeds Richard the Third Confirmed King by Act of Parliament upon Two Reasons First That by reason of a Precontract of Edward the Fourth Edward the Fifth his Eldest Son and all his other Children were Bastards Secondly For that the Son of the Duke of Clarence second Brother to Edward the Fourth had no Right because the Duke was Attainted of Treason by a Parliament of Ed. the 4 th Henry the Seventh comes in but had no Title First Because Edward the Fourth's Daughter was then living Secondly His own Mother the Countess of Richmond was then living After him Henry the Eighth wore the Crown who could have no Title by the Father in his time the Succession of the Crown was Limitted several times and the whole Nation Sworn to the Observance Sir Thomas Moor declared That the Parliament had a Power to bind the Succession which was declared to be Law by 13 Eliz. cap. 1. and made a Praemunire to hold the contrary Edward the Sixth succeeded but his Mother was married to King Henry while Ann of Cleve his Wife was living Queen Mary was declared a Bastard and by Vertue of an Act of Parliament of Henry the Eighth she Succeeded which Act being Repealed in the First of her Reign and the Crown being Limitted otherwise by Parliament all the Limitations of the Crown in King Henry the Eighth's Reign were avoided so that Queen Elizabeth who was declared a Bastard by Act of Parliament in Henry the Eighth's time and limitted to Succeed in another Act in his time and that Act repealed by Queen Mary became Queen in the force of her own Act of Parliament which declares her Lawful Queen The Crown was Entail'd in Richard the Second's time again in the time of Henry the Fourth again in the time of Henry the Sixth again in the time of Edward the Fourth again in the time of Richard the Third again in the time of Henry the Seventh Thrice in the time of Henry the Eighth And upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be Begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries the Articles of Marriage to this purpose were Confirmed by Act of Parliament and the Pope's Bull. So that it was agreed by the States of both Kingdoms and the Low-Countries and therefore probably the Universal Opinion of the Great Men of that Age That Kings and Sovereign Princes with the Consent of their States had a Power to Alter and Bind the Succession of the Crown and never denied to be Law till the Reign of King Charles the Second True it is that this Doctrine doth not go down well with those that do pretend to Prerogative added as they say by the Act of Recognition made to King Iames and the Oaths of Supremacy and Allegiance which do make so much talk conceâ—ning Inheritance and Heirs But let these Gentlemen consider that the Act of Recognition made no Law for the future nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the Course of the Common-Law for after-Ages Nor do the Oaths of Allegiance and Supremacy hold forth any such Obligation unto Heiâ—s otherwise than as supposing them to be Successors and in that Relation only And therefore was no such Allegiance due to Edward the Sixth Queen Mary or Queen Elizabeth until they were actually possest of the Crown as may appear by the Oath forced by the Statute of H. 8. touching their Succession Nor did the Law suppose any Treason could be acted against the Heirs of Ed. 6. Queen Mary or Queen Eliz. until these Heirs were actually possest of the Crown and so were Kings and Queens as by the express words in the several Statutes do appear Nor did the Recognition by the Parliament made to Queen Elizabeth declare any engagement to the People to assist and defend Her and the Heirs of Her Body otherwise than with this Limitation being Kings and Queens of this Realm as by the Statute in that behalf made doth appear Moreover had these Oaths been otherwise understood the Crown had by virtue of them been preingaged so as it could never have Descended to Queen Mary Queen Elizabeth or King Iames but must have remained to the Heirs of Edward the Sixth for ever A Narrative of the Miseries of New-England by reason of an Arbitrary Government Erected there THat a Colony so considerable as New-England is should be discouraged is not for the Honour and Interest of the English Nation in as much as the People there are generally Sober Industrious Well-Disciplin'd and apt for Martial Affairs so that he that is Sovereign of New-England may by means thereof when he pleaseth be Emperor of America Nevertheless the whole English Interest in that Territory has been of late in apparent danger of being lost and ruined and the Miseries of that People by an Arbitrary Government erected amongst them have been beyond Expression great The original of all which has been the Quo Warranto's issued out against their Charâ—ers by means whereof they have been deprived of their ancient Rights and Priviledges As for the Massachusets Colony whose Patent beareth date from the Year 1628. There was in the Year 1683 a Quo Warranto and after that in the Year 1684 a Writ of Scire Facias against them and they were required to make their appearance at Westminster in October which they knew nothing of till the month before so that it was impossible for them to answer at the time appointed yet Judgment was entred against them Plimouth Colony
sometimes even very anciently when upon extraordinary Occasions they met out of Course a Precept an Edict or Sanction is mentioned to have issued from the King But the times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those Days because it was altogether needless Secondly The Succession to the Crown did not in those Days nor till of late Years run in a course of lineal Succession by right of Inheritance But upon the Death of a Prince those Persons of the Realm that composed the then Parliament assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for electing of Kings Now such Assemblies could not be summon'd by any King and yet in Conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his elder Brother being then in the Holy Land Henry the youngest Son of King William the first procur'd an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some Oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head which being done a Confirmation of the English Liberties pass'd the Royal Assent in that Assembly the same in Substance though not so large as King Iohn's and King Henry the thirds Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was elected and Mawd the Express put by though not without some Stain of Perfidiousness upon all those and Stephen himself especially who had sworn in her Father's Life-time to acknowledg her for their Sovereign after his Decease Fifthly In King Richard the firsts time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl Iohn the King's Brother to treat of the great and weighty Affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl Iohn And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without him Sixthly When King Henry the 3 d. died his eldest Son Prince Edward was then in the Holy Land and came not home till within the third Year of his Reign yet immediately upon the Father's Death all the Prelates and Nobles and four Knights for every Shire and four Burgesses for every Borough assembled together in a great Council and setled the Government till the King should return made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all publick Business whatsoever without a new Election they having as great Authority as the People of England can delegate to their Representative II. The Acts of Parliaments not formal nor legal in all their Circumstances are yet binding to the Nation so long as they continue in force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was annull'd 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and Attainders thereupon were repealed in a Parliament held Anno 21. of that King which Parliament was procur'd by forc'd Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Parliament and those Persons were by the King's Writs to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this Day Fourthly Queen Mary's Parliament that restored the Pope's Supremacy was notoriously known to be pack'd insomuch that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential Considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this Day The Reason of all this is Because no inferior Courts have Authority to judg of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a Colour of Parliamentary Authority The Acts of such Assemblies being entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illeâ—â—lities c. of one another The Parliament that call'd in King Charles the second was not assembled by the King 's Writ and yet they made Acts and the Royal Assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever
by my Lord of Canterbury intimate their Thoughts about that Affair and their readiness to the King who was pleased not only to permit them to give him the best and most particular Advices but to encourage them to do it with all the freedom that was necessary for the present Occasion Upon this Royal Invitation their Lordships assembled together the next day at my Lord of Canterbury's Palace and prepared upon the most mature deliberation such Matters as they judged necessary for hiâ— Majesty's Knowledg and Consideration And on the Wednesday after waited on the King in a Body when his Grace in his own and in the name of the rest of the Bishops then present did in a most excellent Speech represent to his Majesty such things as were thought by them absolutely necessary to the Settlement of the Nation amidst the present Distractions and to the publick Interest of Church and State. I am assured that his Grace delivered himself upon this Critical Occasion as with all dutifulness to his Majesty so with all the readiness and the courage that did become such an Apostolical Arch-Bishop as God hath blest our Church of England with at this Time. You must not expect here his excellent Words but an Abridgment of them according to my Talent in a meaner Stile I. First the Bishops thought fit to represent in general to his Majesty That it was necessary for Him to restore all things to the state in which He found them when He came to the Crown by committing all Offices and Places of Trust in the Government to such of the Nobility and Gentry as were qualified for them according to the Laws of this Kingdom and by Redressing and Removing such Grievances as were generally complain'd of II. Particularly That his Majesty would Dissolve the Ecclesiastical Commission and promise to His People never to Erect any such Court for the future III. That He would not only put an effectual stop to the issuing forth of any Dispensations but would Call in and Cancel all those which had since his coming to the Crown been obtained from Him. IV. That he would Restore the Vniversities to their Legal State and to their Statutes and Customs and would particularly Restore the Master of Magdalen Colledge in Cambridge to the Profits of his Mastership which he had been so long Deprived of by an Illegal Suspension and the Ejected President and Fellows of Magdalen Colledge in Oxford to their Properties in that Colledge And that He would not permit any Persons to enjoy any of the Preferments in either Vniversity but such as are qualified by the Statutes of the Vniversities the particular Statutes of their several Foundations and the Laws of the Land. V. That He would suppress the Iesuits Schools opened in this City or elsewhere and grant no more Licenses for such Schools as are apparently against the Laws of this Nation and His Majesty's True Interest VI. That He would send Inhibitions after those Four Romish Bishops who under the Title of Apostolick Vicars did presume to Exercise within this Kingdom such Iurisdictions as are by the Laws of the Land Invested in the Bishops of the Church of England and ought not to be Violated or Attempted by them VII That He would suffer no more Quo Warranto's to be issued out against any Corporations but would restore to those Corporations which had been already disturbed their ancient Charters Priviledges Grants and Immunities and Condemn all those late Illegal Regulations of Corporations by putting them into their late Flourishing Condition and Legal Establishment VIII That He would fill up all the Vacant Bishopricks in England and Ireland with Persons duly qualified according to the Laws and would especially take into His Consideration the See of York whose want of an Archbishop is very prejudicial to that whole Province IX That He would Act no more upon a Dispensing Power nor insist upon it but permit that Affair at the first Session of a Parliament to be fairly Stated and Debated and Settled by Act of Parliament X. That upon the Restoration of Corporations to their Ancient Charters and Burroughs to their Prescriptive Rights He would Order Writs to be issued out for a fair and free Parliament and suffer it to Sit to Redress all Grievances to Settle Matters in Church and State upon just and solid Foundations and to Establish a due Liberty of Conscience XI Lastly and above all That His Majesty would permit some of His Bishops to lay such Motives and Arguments before him as might by the Blessing of GOD bring back His Majesty unto the Communion of Our Holy Church of England into whose Catholick Faith He had been Baptized in which He had been Educated and to which it was their earnest and daily Prayer to Almighty GOD that His Majesty might be Reunited All these Counsels were concluded with a Prayer to GOD in whose Hands the Hearts of Kings are for a good Effect upon them especially the last about bringing the King back to the Protestant Religion And now Sir I cannot but ask you What grounds there are for any Mens Jealousies of the Bishops Proceedings Pray shew this Letter to all your Friends that some may lay down their Fears and others may have this Antidote against taking any up I do assure you and I am certain I have the best grounds in the World for my assurance That the Bishops will never stir one Jot from their PETITION but that they will whenever that happy Opportunity shall offer itself let the Protestant Dissenters find that they will be better than their Word given in their Famous PETITION In the mean time let You and I Commend the Prudence of these Excellent Bishops Admire their Courage and Celebrate their just Praises and never forget to offer up most fervent Thanks to GOD for his Adorning the Church of England at this Juncture with such Eminent Apostolical Bishops I am with all Respect Yours N. N. The PETITION of the Lords Spiritual and Temporal for the Calling of a Free Parliament Together with his Majesty's Gracious Answer to their Lordships To the KING 's most Excellent Majesty The Humble Petition of the Lords Spiritual and Temporal Whose Names are Subscribed May it please your Majesty WE your Majesty's most Loyal Subjects in a deep Sense of the Miseries of a War now breaking forth in the Bowels of this your Kingdom and of the Danger to which your Majesty's Sacred Person is thereby like to be Exposed and also of the Distractions of your People by reason of their present Grievances do think our selves bound in Conscience of the Duty we owe to God and our Holy Religion to your Majesty and our Country most humbly to offer to your Majesty That in our Opinion the only visible Way to preserve your Majesty and this your Kingdom would be the Calling of a Parliament Regular and Free in all its Circumstances And Your Petitioners shall ever pray c. W. Cant. Grafton Ormond Dorset Clare Clarendon
who can tell what Contests there may be about the Right of the Crown The Deposed Prince is alive and his Right by Sword will be disputed c. If the Government be dissolved the Power devolves on the People no one can claim the Crown the Royal Family is as it were extinct the People may set up what Government they please either the old or a new A Monarchy absolute or limited or an Aristocracy or Democracy If a Monarchy limited supposing it mostly suited to the temper of the English they may choose what Family they please to sit in the Throne They may settle it on the Princess of Orange Princess Ann the Prince of Orange and for want of Issue on whom else they think meet These hold not by virtue of an old Right but by reason of the People's placing it upon them and the Monarchy may be thus de Novo made Hereditary and the King and Prince of Wales gone having lost their Right by the Dissolution of the Government The Iura Majestatis the Militia the Power of War and Peace or the Power of the Sword with the Power of making Judges Sheriffs c. may be lodged where now the Power of Legislation is viz. in King Lords and Commons which will necessitate frequent Parliaments and make it impossible for the Monarch to enslave us There are but two ways by which Slavery can be brought on us viz. Force or Injustice The Militia or Power of the Sword being in the People we are secured from the mischief of Force The Power of making Judges and all the Ministers of Justice being also in the People they cannot be ruin'd by Injustice But we must do no Evil â—hat Good may come of it Is our Government dissolved or is it not If there be a Dissolution Is it of the Constitution or only of the Form of Administration I confess my self not States-man enough to be acquainted with the Fineness of the Politicks but am apt to run the old Road and please my self with an old Distinction All Power is Originally or Fundamentally in the People Formally in the Parliament which is one Corporation made up of three Constituent Essentiating Parts King Lords and Commons so it was with us in England When this Corporation is broken when any one Essentiating Part is lost or gone there is a Dissolution of the Corporation The Formal Seat of Power and that Power devolves on the People When it 's impossible to have a Parliament the Power returns to them with whom it was originally Is it possible to have a Parliament It 's not possible The Government therefore is dissolv'd If what is essential to our Constitution be invaded or ravished from us the Constitution is broken I will instance in two things essential to the Constitution That the People choose their own Representatives And that their Representatives have such an Interest in the Legislation that no Laws be made or abrogated without their Consent The destroying one or both of these subverts the Foundation of our Government The Government being dissolved what must the People do Câ—re must be taken that the Government to be erected by such as will perfectly secure us from Slavery and be a Fence inviolable to the Liberty and Property of the People And the Rights of Majesty must be therefore lodged with the Parliament this will be grateful to the People The way of doing it must be Great Awful and August that none may be able to quarrel it A National Convention made up of the Representatives of the Community That the Convention may be truly National and represent the Community it must be larger than a House of Commons ordinarily is It 's this Convention that sets up what kind of Government they please If they 'l have a Parliament made up of King Lords and Commons it 's sufficient that this Convention is so pleased The Power of this Convention must be absolute and uncontroulable accountable to none but God. It gives Laws to Kings yea to the whole Parliament and sets bounds unto it it shall go so far and no further No Act of Parliament can be strong enough to move the Foundation laid by this Convention The Convention therefore as it has more Power than a Parliament and is it's Creator it must have a larger Body What think you therefore if the first thing done by the approaching Convention be the increasing their Number What if they double it Whether by ordering every Market-Town to send up their Representatives or every Hundred Wapentake c. or by some other way according to the proportion of People and publick Payments as the wise Men of this Convention shall judg most practicable that it may be the Grand Council of the Nation I have unburdened my self and am Your Humble Servant Ian. 5. 1688. Some Account of the Humble Application of the Pious and Noble Prelate Henry Lord Bishop of London with the Reverend Clergy of the City and some of the Dissenting Ministers in it To the Illustrious Prince William Henry the Prince of Orange on Friday September 21. 1688. HE declared in Excellent Words That they came to pay him their Humble Duties and most Grateful Respects for his very great and most hazardous Undertakings for their Deliverance and the Preservation of the Protestant Religion with the Ancient Laws and Liberties of this Nation He addeth That they gave up daily many Thanksgivings to Almighty God who had hitherto been graciously pleased so wonderfully to preserve his Person and prospeâ— and favour his good Design And they promised the continuance of their ferventest Prayers to the same God and all Concurrent Endeavours in their Circumstances for the promoting yet further that Work which was so happily begun and also for the perfecting of it not only in this Kingdom but in other Christian Kingdoms He likewise suggested to the Good Prince That some of the Dissenting Ministers and their Brethren were there present who having the same sense of his Coming hither with themselves had joyned themselves with them by him to render Him their Humblest and most Grateful Resentments His Highness was pleased to declare That he thanked them for their Attendance and acquainted them very briefly with the chiefest Ends of his Difficult and Chargeable Expedition That indeed it was to Preserve and Secure the Protestant Religion his own Religion and their Religion and assuring them he should not think any thing not Life it self too dear to hazard in promoting and perfecting so good a Work. Also he offered up with great Devotion his solemnest Acknowledgments to Almighty God for his Presence with him and Blessing upon his Endeavours and Arms hitherto and asked the Continuance of all their Prayers to God for him The Address of the Nonconformist Ministers in and about the City of London to his Highness the Prince of ORANGE WEdnesday Ianuary 2â—â— divers of the Dissenting Ministers in and about London that go under the Denominations of Presbyterial and Congregational to
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the Right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinctions is to be made between the Power of making Laws for the regulating the Conduct of it and the Power of executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their nature import that those to whom they are given are accountable even though that it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the Publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in Truth the Principles of Natural Religion give those that are in Authority no Power at all but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by human means such as Succession or Industry yet he has a Security for the Enjoyment of it from a Divine Right so tho Princes have no immediate Warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the Possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery in all which cases the general Name of Master may be equally used yet the degrees of his Power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others and therefore though all those may carry the same Name of King yet every ones Power is to be taken from the measures of that Authority which is lodged in him and not from any general Speculations founded on some Equivocal Terms such as King Sovereign or Supream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest proofs of the Dvine Authority that is committed to them on such occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegatation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Nor does it appear reasonable to conclude from their being in Possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long Tract of Time make a bad one become good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common Sense of all Men a just and good Title so upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must allways be â—roved but Liberty proves it self the one being founded onâ—y upon a Positive Law and the other upon the Law of Nature VIII If from the general Principles of Human Society and Natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of neither side For as the Land of Canaan was given to the Iews by an immediate Grant from Heaven so God reserâ—â—â— still this to himself and to the Declarations that he shoulâ—â—â—â—â—ke from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such Designation neither for themselves nor for their Ancestors IX As for the New Testament it is
plain that there are no Rules given in it neither for the Forms of Government in general nor for the degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution in which we are and it is plain that the Rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doinâ— and that he will both support us under our Sufferings and gloâ—iously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls undâ—â—â—â—other Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Iews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Cesar but judged that they were only subject out of Fear by reason of the force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole Matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Presâ—rvation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Liberties and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured aginst the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those
Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us We change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered First All general Words how large soever are still supposed to have a tacit Exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there seems to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the Renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maiâ—tain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who mâ—de that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by Consâ—quence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince cloâ—hed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annâ—ls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchial Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Maleversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we may have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the
have heard forfeit all Right either to chuse or be chosen in any Publick Councils And then all Laws which have been made for the Protestants and against the Popish Religion will be null and void as being enacted by an incompetent Authority as being the Acts of Hereticks Kings Lords and Commons who had forfeited all their Rights and Priviledges But Thirdly suppose our Laws were valid as enacted by competent Authority and such good and wholsome Provisions as were those Statutes made by our Popish Ancestors in those Statutes of Provisoes in Edward the I. Edward the III. Time and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions Yet being against the Laws and Canons of Holy Church the Sovereign Authority they will be all superseded For so they determine That when the Canon and the Civil Laws clash one requiring what the other allows not the Church-Law must have the observance and that of the State neglected And Constitutions they say made against the Canons and Decrees of the Roman Biâ—hops are of no moment Their best Authors are positive of it And our own Experience and Histories testify the Truth thereof For how were those good Laws before-mention'd defeated by the Pope's Authority so that there was no effectual Execution thereof till Henry the 8 th's Time as Dr. Burnet tells us And how have the good Laws to suppress and prevent Popery been very much obstructed in their Execution by Popish Influence An Answer to a late Pamphlet Intituled A Short Scheme of the Usurpations of the Crown of England c. THE World may very justly wonder at several Passages in this ill-designed and as ill-writ Pamphlet which the Author has taken the pains to collect from some petty Grubstreet Chronicle Henry II. is call'd an Usurper pag. 4. because he accepted of the Crown of England in his Mothers Life-time tho' by her not opposing his Claim it may very reasonably be concluded that she freely consented to his Promotion as the most effectual means to secure the Crown to her Posterity But we are told That a Crown is no Estate to be made over in Trust If our Author's meaning is that a Crown is an Estate which the Possessor cannot divest himself of by a voluntary Resignation both Reason and a multitulde of Examples in several Ages and â—ations prove that the Principle our Author has laid down is founded on a gross Mistake Therefore if our Author designs to publish any more Schemes of Usurpation let him first inform us what it is and how far it extends lest the World should accuse him of having as notoriously usurped to himself the Title of a Writer as any of our Princes ever did the Crown of England He would perswade his Readers to believe that God punish'd King Edward III. and King Henry V. for their Usurpations with frequent and unexpected Victories in the acquisition of which tho' there was some English Blood shed as it was impossible it should be otherwise yet the Enemies paid an excessive Price for it after the defeat of their great Armies and the Imprisonment of their King they being forced to buy their Peace upon such Terms as our conquering Usurpers pleased to impose Nor did ever any well-wisher to the English Nation deny that these Two Princes were the Glory of their Age and of our British History If I should reckon up all the evident Mistakes and false Inferences in this Libel it would be too tedious since a careless Eye cannot easily overlook them If the Pamphlet finds so undeserved a Reception in the World as to need a Second Impression the Author is desired to add to it this Postscript which being founded on the Principles asserted by him will shew the World that he hath wilfully and perhaps partially forborn to speak of as notorious an Usurper as any that are mentioned in his Scheme Queen Mary the Off-spring of an Incestuous Marriage had no other unquestionable Divine Right to the Crown of England than what was given her by an Act of Parliament made in her Father's Reign and the common Consent of the Nobility and People after the Death of her Brother King Edward VI. whose disposal of the Crown by Letters Patents under the Great Seal being directly contrary to the former Entail of it limited by a higher Authority His Sister the Lady Mary was acknowledged Queen Therefore according to our Author 's abstruse Notions She as well as her Grand-father Henry VII must be reckoned among the Usurpers of the Crown of England Let us now see what success attended her and whether the Nation was happy under her Government As soon as She saw her self fixed in the Throne She imprisoned and deprived several of the Protestant Bishopâ— contrary to the then Establish'd Laws of the Realm She intruded Popish Bishops into the Sees thus declared vacant the small remainder of the Protestant Bishops who had beâ—n called to Parliament by Writ were nevertheless violently thrust out of the Parliament-House for refusing to worship the Mass. The Members of the House of Commons in her First Parliament were chosen by force and threats the Free-holders were hindred by violence from exercising their Right of chusing Representatives false Returns were made and those who were for the Reformed Religion tho' duly elected were by force expelled the House So that we cannot wonder at the Statues made in this pretended Free Parliament which was in every Thing influenced by the Court-Party Shortly after her Marriage with the haughty jealous Spaniard of which She her self felt the ill Consequences was justly disliked by the Nobility and Commonalty Her base Design of setting up a Supposititious Child for Heir to the Crown was not only happily defeated but deservedly exposed to the Censure of the Nation Her Design to erect the Spanish Inquisition in England was disappointed Calais after having belonged to the Crown of Englâ—nd about two hundred and eleven Years and which was gained with great difficulty after eleven Months Siege was in the depth of Winter lost in a Weeks time And quickly after all the English Territories were with small difficulty recovered by the French. We must not forget how exactly She put in practice the base treacherous and destructive Principles of the pretended Catholick Religion in these remarkable Particulars She barbarously used her only Sister the Lady Elizabeth and designed to have taken away her Life for no other Cause but her firm adherence to the Protestant Religion She imprisoned and burnt Arch-Bishop Cranmer who had formerly sheltered her from her Father's Fury She deprived and imprisoned Judg Hales who alone resolutely opposed King Edward the Sixth's Will and preferred Judg Bromley to be Lord Chief Justice though he had without any reluctancy prepared the Letters-Patents for her Exclusion The Inhabitants of Norfolk and Suffolk who were the first that took up Arms for her upon her Promise to permit them the Exercise of their Religion
tugging and strugling to regain them whence continual disturbance will ensue and a standing Army must be kept on foot to support this ill acquired Grandâ—ur For those Subjects that contended with King Iohn and King Henry the Third c. tho' they were Papists and of the same Religion with those Princes could not brook it to be Slaves to their Arbitrary Pleasures in their Civil Rights Besides what a waking dream is it for any King that is free from the Roman Yoke to think to make himself more Absolute by involving himself and his Kingdoms in Thraldom to the Church of Rome wherein not only the Pope pretends a Right to domineer over him but every Ecclesiastick esteems himself wholly exempt from his Jurisdiction and all his People will be but half his Subjects viz. in Temporals for in Spirituals and in ordine ad spiritualia a monstrous draw net that may include almost all the Actions of Humane Life they are wholly to be Conducted by his Holiness and his Subordinate Ministers How therefore can your Highness if a Roman Catholick complain of the late successive Houses of Commons for pressing a Bill to exclude you Is it any Disloyalty to endeavour to preserve the Imperial Crown of England from a truckling and shameful Servitude to a Foreign Usurper's Power Or is it any such unheard of thing to debarr a Prince from a Throne that hath obstinately disabled himself Certainly above all Men the Roman Catholicks ought not to murmur at this for did not the Pope issue forth a Bull to exclude your Grandfather King Iames unless he would turn Papist And did not the Romanists though they acknowledged the Title of your other Grandfather Henry the Great to the French Diadem yet refuse to pay him any Obedience because a Protestant and on that only score fought against him as long as he continued so and thought it no Rebellion Your Highness perhaps will say What though they did so true Protestants and the Church of England do not own such Principles Well then if the Protestant Principles be better than those of the Church of Rome what Madness is it in your Highness to abandon the first and chuse the latter I am a dutiful and hearty Lover of Monarchy and when establish'd on such an Equi-pois'd Basis of Wisdom as ours is shall ever assert it to be the best Form of Government in the World and most agreeable to the Genius of English-men But that lineal descent is so sacred a thing that the Heir presumptive can for no default or crime whatsoever be debarr'd from the Crown by an Act of Parliament or publick Decree of State I do not understand For I am sure the practice in all Ages both at home and abroad in almost every Nation in the Earth hath run contrary And as to Right those that pretend such Succession in all Cases to be Iure Divino would do well to shew in what Texts of Scripture the same is prescribed till then they do but talk not argue and if a Candidate to the Crown for any Reasons whatsoever may without offence to the Law of God or Nature be Excluded by an Act of King Lords and Commons Then the Iune-divino-ship vanishes and nothing is left to be considered But whether such next Heir have done such Acts or is so qualified that in Prudence it be necessary for the Tranquillity of the Publick to Exclude him Now I believe there are but few of the Church of England but if the Bill had passed the Lords and his Majesty had given his Royal Assent to it would have acquiesc'd therein and consequently they do not believe the Exclusion to be simply unlawful by the Law of God or Nature for against either of them no Humane Ordinances ought to prevail But all true Loyalists do not despair but your Highness may yet prevent all Occasions of such Disputes by opening your eyes or rather that God in whose hands are the Hearts of Princes may irradiate your Royal Understanding and let you see the horrid Blackness of those Men who have endeavour'd to seduce you and of those Principles to which they would have inveigled you on purpose to have made your Highness a Property to their Ambition and Avarice and that under the shadow of your Illustrious Name they might one day Tyrannize at Pleasure over these Three Kingdoms If Heaven shall be pleased to work such an happy Inclination in your Highness you shall presently see the whole British Empire echoing with Praises and Acclamations and instead of murmurs of Seclusion every good Subject shall erect you a Throne in his heart But the grand difficulty will be to satisfie the prejudiced World of your sincerity herein for if your Highness which God forbid should declare your self a Protestant only to serve a present turn and use the Sacred Name of our Religion but as an Engine to advance the design of our bloody Enemies you would act at once the most dishonourably and in the end most prejudicially to your own Interest in the world and must certainly expect the blasts of Heaven and curses of Earth on all your future proceedings for Hypocrisie is odious to God and Man nor is there any Monster so abominable to serious Men of both sides as a Church-Papist Your Royal Highness I hope will excuse our fears for we are not ignorant of the Arts and Craft of Rome that she esteems no means unlawful to obtain her ends How shall any Oaths be sufficient Tests when a private dispensation may at once allow the taking and warrant the breaking of them Or what signifies the participation of our Sacraments to one that is taught We have no true Ministers of Christ if so no consecration consequently nothing but an ordinary Breakfast of common Brâ—ad and Wine and who shall lose the hopes of three Crowns rather than not taste such harmless viands Not that I dare imagine your Highnesses Understanding would suffer you to believe the lawfulness or your Princely Generosity permit you to practise these lewd dissimulations yet since such Doctrines are daily taught in the Roman Church how shall Protestants be assured they have no Influence on your Conduct I must therefore with all humble freedom assure your Highness that after so general an Opinion of your Highnesses having been a Roman Catholick though you should go never so duly to Church receive the Sacrament a thousand times and take Oaths all the way from Holy-rood House to St. Iames's yet the People would scarce believe the reality of your Conversion unless withal they see it accompanied with some other Demonstrations For as Faith without works is dead so Profession of a Religion without agreeable endeavours to advance it will be vain If his Royal Highness will the People say be a good Protestant he will undoubtedly discourage all Papists the sworn inveterate Enemies of our Religion he will not suffer a Popish Priest to approach his Person or Palace If he have had any intimation of
the said Mather caused a Petition from the Town of Cambridge in New-England to be humbly presented to His Mâ—jesâ—y which because it doth express the Deplorable Condition of thaâ— People it shall be here inserted To the King 's Most Excellent Majesty The Petition and Address of John Gibson aged about 87 and George Willow aged about 86 Years as also on the behalf of their Neighbours the Inhabitants of Cambridge in New-England In most humble wise sheweth THat Your Majesty's good Subjects with much hard Labour and great Disbursements have subdued a Wilderness built our Houses and planted Orchards being incouraged by our indubitable Right to the Soil by the Royal Charter granted unto the First Planters together with our Purchase of the Natives as also by sundry Letters and Declarations sent to the late Governour and Company from His late Majesty Your Royal Brother assuring us of the full enjoyment of our Properties and Possessions as is more especially contained in the Declaration sent when the Quo Warranto was issued out against our Charter But we are necessitated to make this our Moan and Complaint to Your Excellent Majesty for that our Title is now questioned to our Lands by us quietly possessed for near sixty Years and without which we cannot subsist Our humble Address to our Governour Sir Edmond Andross shewing our just Title long and peaceable possession together with our Claim of the benefit of Your Majesty's Letters and Declarations assuring all Your good Subjects that they shall not be molested in their Properties and Possessions not availing Royal Sir We are a poor People and have no way to procure Money to defend our Cause in the Law nor know we of Friends at Court and therefore unto Your Royal Majesty as the publick Father of all your Subjects do we make this our humble Address for â—elief beseeching Your Majesty graciously to pass Your Royal Act for the Confirmation of Your Majesty's Subjects here in our Poâ—sessions to us derived from our late Governour and Company of this Your Majesty's Colony We now humbly cast our selves and distressed Condition of our Wives and Children at Your Majesty's Feet and conclude with the saying of Queen Esther If we Perish we Perish Thus that Petition Besides this Mr. Inc. Mather with two New-England Gentlemen presented a Petition and humble Proposals to the King wherein they prayed that the Right which they had in their Estates before the Government was changed might be confirmed And that no Laws might be made or Moneys raised without an Assembly with sundry other particulars which the King referred to a Committee for Foreign Plantations who ordered them into the Hands of the Attorney-General to make his Report The Clerk William Blathwait sent to the Attorney-General a Copy wherein the Essential Proposal of an Assembly was wholly left out And being spoke to about it he said the Earl of Sunderland blotted out that with his own Hand likewise a Soliciter in this Cause related that the said Earl of Sunderland affirmed to him that it was by his Advice that the King had given a Commission to Sir Edmond Andross to raise Moneys without an Assembly and that he knew the King would never consent to an Alteration nor would he propose it to His Majesty When of late all Charters were restored to England it was highly rational for New-England to expect the like for if it be an illegal and unjust thing to deprive good Subjects here of their Antient Rights and Liberties it cannot be consistent with Justice and Equity to deal so with those that are afar off Applications therefore were made to the King and to some Ministers of State. It was urged that if a Foreign Prince or State should during the present Troubles send a Frigate to New-England and promise to protect them as under their former Government it would be an unconquerable temptation yet no Restoration of Charters would be granted to New-England which has opened the Eyes of some thinking Men. Thus hath New-England been dealt with This hath been and still is the bleeding state of that Country They cannot but hope that England will send them speedy Relief especially considering that through the ill Conduct of their present Rulers the French Indians are as the last Vessels from thence inform beginning their cruel Butcheries amongst the English in those parts And many have fears that there is a design to deliver that Country into the Hands of the French King except his Highness the Prince of Orange whom a Divine Hand has raised up to deliver the Oâ—pressed shall happily and speedily prevent it FINIS A SEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals humbly offered in behalf of the Princess of Orange II. The Heads of an Expedient proposed by the Court-Party to the Parliament at Oxford in lieu of the Bill for Excluding the Duke of York III. An Account of the Irregular Actions of the Papists in the Raign of King Iames the Second with a Method proposed to rid the the Nation of them IV. The Present Convention a Parliament V. A Letter to a Member of the Convention VI. An Answer to the Author of the Letter to a Member of the Convention Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Proposals humbly offered in behalf of the Princess of Orange Jan. 28. IT is a Maxim of the Law of England concerning the Government That there is no Interregnum Of necessity there must be a Change in the Person yet there is a Continuation of the Government Which shews the Prudence and Perfection of the Constitution in preventing that which of all things is most Deplorable a Failure of Government This Rule is therefore of that Importance as not to be given up upon the trivial Saying of Nemo est haeres viventis 'T is true the common and ordinary cause of a Change in the Person that is invested with the Royal Authority is Death But we are now in a rare and extraordinary Case where the King is living and yet may be said to be divested of the Royal Office as having by his Encroachments upon the Peoples Rights provoked them to resort to Arms and being vanquished by that Force followed with a total Defection from him and his Relinquiâ—hing the Kingdom thereupon without providing any ways for the Administration of the Government This seems to be a Cesser of this Government and may in Civil and Politick Construction amount to as much as if he had died But because this is a Cess of that nature that requires a Judgment to be made upon it it seems necessary to have a Convention of the Estates of the Nation to make a Declaration thereupon for 't is not for private Persons to determine in the Cases aforesaid how or when the King has lost his Government and till such Authoritative Declaration made the King may be supposed in
in the case of the Lawful Heirs whom every good Englishman and Protestant to their utmost Danger and Peril are ready to defend and maintain to take such Measures for our future Security and lawful Establishment as shall not by any Humane Art or Endeavour be liable to Interruption But as Precedents are least satisfactory or least confronting to obstinate Opposers where they make only for one party A Popish Sigismund deposed for Male-Administration in a Protestant Kingdom may not perhaps be allowed to carry its sufficient Justification with the Romanists and therefore the Tables ought to be turn'd and the Ballance made by Parallels of their own side the most prudent way of combating and securing a Victory in this matter being to lay the Scene of War in the Enemies Country To confute therefore and silence all the Romish Pretensions of Disgust and Murmur against the Injustice of such a Deprivation from Examples of Popish Deposals of Male-administring Protestants we 'll begin with Henry of Navarre afterwards Henry the Fourth of France The famous Holy League enter'd into by the Pope himself and so many potent Allies together with all the Romish Subjects of Franâ—e against that undoubted Heir of the Crown of France and at that time by succession the rightful King is so notoriously known to the World that all the tedious Particulars of the History would be impertinent Let it suffice here was a Prince the unquestion'd Inheritor of the Crown of France actually by all Open and Hostile Means and all such Hostility avowed and abetted and his very Birth-right fore-closed by the Pope himself opposed and denied his Accession to the Throne for no other Unqualifications but be a Hugonot that is of a Perswasion contrary to the Establish'd and Regnant Romish Religion in France being in all other Respects acknowledged a most excellent Prince Insomuch that after all other ineffectual Endeavours of recovering his Birth-right he had no means left to repeal his Exclusion and Debarment from the Throne but by his Abjuration of the Reformed Religion and return to the Romish Worship This Case of Henry the Fourth instead of a Parallel to ours does not come up to half the Justification of the present Measures of England For here was a Soveraign Prince under Deprivation for no other Default but his meer Religion for this Henry the Fourth being then but in his Entrance to the Empire if truly that was consequently yet at least whatever they might fear under no Dilemmas of the least breach of Compact with his People no Forfeitures for Male-Administration or Violation of the Laws of the Land or Rights of his Subjects their Dangers as then being only Apprehensions If therefore the meer private Opinion of a Crowned Head different from the Establish'd Religion of the Land has been of weight enough it self alone in their own Scales to oversway the Birth-Right of Princes and make a Bar to Empire and that too so solemnly confirmed and ratified even by the Sanction Apostolick the Decretals of Rome it self What Objections or Allegations can our Romish Disputants whether Foreign or Domestick make against the like Bar in Empire after so notorious an actual Male-Administration in the present Case of England such too visible Ruptures of the Laws of the Land and in defiance of all Obligations of Engagements Covenant Word Honour or OATHS themselves The next Example I shall point them to is that of the late Portuguese King who by the Ordinance of the States of Portugal ratified by the Pope's Assent was dethroned and his Brother invested with the Soveraignty and not only that but his Queen too taken from him Divorced and by a Dispensation married to his Brother The Grounds of this Deposal being only this that the King was sometimes taken with Delirious Fits. If such a Personal Infirmity was ground sufficient to displace the Crown Have not the Peopâ—e or Community of England in Convention asseâ—bled as much Right on their Side for the Deposal of a King for a far greater Infirmity of the two a more violent Madness his loâ—g tried and radicated Incapacity of being held either by the Bonds or Ties of Honour Laws or Oaths There being this infinite Difference between the Outrages of the one and the other as that a Prince so bigotted resolved for the Introduction right or wrong of his own Religion is the more Dangerous Frantick For his Superstitious Frency may push him to Violences that will hurt whole Nations whereas the Outrages of the other can be only Personal And if the Hands of the Lunatick Portuguese were thought Just to be tied up with no less Shackles than taking both his Kingdom and Queen away from him who shall Arraign the Wisdom of the English for depriving their King of his Kingdom much good may do him with his Queen under an infinite larger Capacity and more dangerous propensity to Mischief And for so doing what Warrant shall they want when the present unforced Desertion of the King and quitting the Helm has put the Power of Decision in that Point into their own Hands and lost him all Right of Appeal against the Alienation I shall venter to add one last Consideration viz. The Bull of Pope Pius Quintus against Queen Elizabeth by which the Pope deprives her of all Title to the Imperial Crown and all Dominion Dignity and Priviledg whatever declaring that all the Nobility Subjects and People of England and all others which have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience c. and all forbidden to obey her or her Motions Mandates or Laws upon pain of Anathema Vide Bishop of Lincoln's Brutum Fulmen p. 6. I recite this unjust Deposal of a Lawful Queen by the pretended Authority of the Pope no other than to let the World know that the Romish Party have the least Reason in Nature to complain of the Deprivation of Princes They whose Infallible Guides can so insolently and arbitrarily place or displace Crown'd Heads not to mention the Illegality of the Pope's Interposition in the Affair in any kind for only acting by Law in Matters of Religious Changes for such were all Ecclesiastick Alterations of that Queen by the unquestion'd Authority of Acts of Parliament can be but ill furnish'd with Arguments against the present Deprivation enacted by the whole Community of England for such violent Measures and Foundations already form'd and begun for the subversion of Church and State against all Law. Reasons humbly offer'd for placing his Highness the Prince of Orange singly in the Throne during his Life I. IT will be a clear Assertion of the Peoples Right Firm Evidence of a Contract Broken and a sure Precedent to all Ages when after a most Solemn Debate the Estates of England Declare That the King having Abdicated the Government and the Throne thereby Legally Vacant They think fit to Fill it again with One who is
this if we come not to a juster temper God defend us and our Children after us from the ill Consequences of what has been done and prevent the rest Had we imbraced the happy Providence of his Majestyes return we might have improved it that the Children unborn should have blessed us Then we had reformed safely for by joyning Title to our Actions we had made them legal This we should have had from his Majesty or a plain denial which would in some measure have excused so rare and unusual an Enterprise Nor can I comprehend which way it is possible to guard the Prince's Honour but by doing his Majesty Rights for your Lordships may please to remember that in the Memorial of the States that was printed among us which they gave to all the publick Ministers at the Hague to justify their lending the Prince their Forces upon this Expedition they do expresly say It was upon condition not to dethrone the King or alter the Succession and in my Opinion we are in the high way to both My Lords we are Protestant Christians as well as Peers of the Realm and are now upon our Religion and Conscience as well as Honour to do right Let us so act as we can answer it to God and Man and not stumble at Straws and leap over Blocks Errors cannot be corrected by committing greater nor one part of the Government be mended by beating out another to do it I need not tell your Lordships that by our Laws Kings cannot err and therefore they are not accountable but their Ministers are without whom a King cannot perform any Act of Government which is the reason of the Maxim and therefore let them be punished that the Law only makes guilty This our wise Ancestors contrived to save the Head of the Government whole and to prevent the Confusion and Disorder that might otherwise be apt to attend the Form of it nor is it indeed a thing that ought to be indured by us Peers to suppose that he that raised us so high could be for any Reason thrown by us so low My Lords Let us limit the King if you please but not renounce Him there is a difference between restraining and destroying Him. What need of such extraordinary Remedies since that which secures the Government under one King will do it under another Popery it self can never come in but over the Bridg of Despotick or Absolute Power and if we can secure our selves from that we are as safe against Opinion as against Ambition and till we are so by an Amendment of our Constitution we are exposed to the meer good Nature of the Prince in Possession whoâ—ver he be And to render what I have said to your Lordâ—hips not unreasonable and what I have to move your Lâ—rdships to in the close of my Speech not ungrateful â— beseech your Lordships that we may cast up our Account â—nd see how our Loss and Gain stands so far as we have gone in our late Change. â—e have lost a lawful King and got an unlawful Protector as our Law stands we have missed a Legal and a Free Parliament and have got a Convention that cannot make Laws nor call a Parliament that can but what will need a Confirmation from a better Authority We have lost the Reputation of keeping our Faith with Hereticks by breaking our solemn Oaths with our King in the time of his Extremity because we thought him such though he gave us leave to lay down our Commissions that we might not have the Temptation or occasion to betray Him But we have got the Reputation of good Protestants by it though I fear not of good Men in that some of us have not only not shown our selves religiously concerned for our Religion but in some respect not honestly that besides a thousand personal Immoralities could press Advance Mony from the King over-night to bear the charges of disserting Him next day against our warm and repeated Vows to take his Fate and dâ—e at his Feet and that any of us should be sainted for this Treachery and numbred among the Heroeâ— for our running away cannot surely be the Lords doing let Dr. Burnet say what he will and yet it is very marvellous in some Mens Eyes for all that These are the Sparks my Lords that hunt the poor Kings Blood though we know they had hardly had any in their Veins but for his Bounty and yet are the Favorites of the Reformation For Christ's sake my Lords let us not at this rate christan Villany and rank Dishonesty among the Graces Popery it self could not have done more and it is certain we are even with the Papists now to all Intents and Purposes This is not all our Loss we have rebelled against the fifth Commandment also Honour thy Father and though we have got that of leaving Father for the sake of Religion we could have but little Religion to do it in such a manner to so affectionate a Father nor did it lessen the Error to have a Church of England Apostle to be Captain of her Life-Guard in his blew Coat and Iack-Boots and an arrant temporaâ— Sword in his Hand to defend natural Affection and passive Obedience This was an odd sort of Compliance with our Saviour's Command to put up his Sword as one of St. Peters Successors My Lords I mâ—st not stop here we thought we had been rid of 〈◊〉 Souldiers but find we have got as many Papists in our Dutch we had in our English Army Now it is plain that either all â—â—pists are not alike and then the Danger we have apprehended from Papists is not universal as we have affirmed but that they are to be lived with since we are to be saved and guarded from the Danger of Popery by them or we have ill luck to think we can be safe from that Religion by those that are of it because they are Dutch-men My Lords I am sorry we can take such Pleasure to see Strangers tread our Courts pray God it does not show the way to other Countries to take their turns But that a Dutch Papist should be so harmless a thing with us that though no Papists could be so shows our Contradictions to a Madness I know not how well our Souldiers like to give way to Dutch-Men that though they had purchased a Preferance to Strangers at a dear rate but it is the justest thing in the World upon them that the Prince should distrust those to guard him that had betrayed their own Master that loved them to a fault they may serve to be sent for Holland to be knookt on the Head in the Dutch-mans quarrel but never to be trusted at home though they have given up their Quarters with their King to Foreigners so that the Proverb is true upon them they have hereby brought their Noble to Nine-pence Yet to be just I must confess it is a Reproach due to their Officers and not all of them neither and time may give
to Liberty and that they should be so much in love with Chains that when they were fairly shaken off they shouâ—d run furiously to be Fettered again as if the Ottoman and French Government were so charming in our Country that we cannot live without it tho we have so lately groaned under the dismal Burden of it And it might have been supposed that even these who had been Instrumental in Enslaving their Fellow-Brethren and were grown Fat with Sucking the Nations Blood would have taken another Method to Reconcile themselves than by persuading us to purchase their Safety at so vast an Expence as the Ruin of more than three Parts of the Nation will necessarily amount to If we do but a little reflect on the Motives which these Men blinded by Self-Interest make use of to delude the Nation into a Security that wanted very little of proving Fatal to it and compare them with the strong Reasons we have to disswade us from being so imposed on they will be found so Weak and Impertinent that we must judg it next to Impossibility to suffer our selves to be twice Deceived But if the Experience of our former Miseries so lately hanging over our Heads the very Thoughts of renewing which make all good Men to tremble has not made us Wiser and be not of Efficacy enough to deter us from venturing another Shipwrack and exposing all again to the Discretion of Roman Catholicks It 's more than probable that GOD has abandoned us and given us up to believe strong Delusions First Thay will endeavour to perswade us that Kings are eximed from Punishments here on Earth and nothing they do can be quarrelled by their Subjects which indeed might with some Reason be urged among the Turks who reserve nothing from the Power of their Sultans and where it 's Death to dispute his Commands tho never so Arbitrary and Tyrannical But with what Impudence can such Stuff be imposed on us who never admit our Kings to the Government till they swear to rule us according to Law and no otherways The Laws are the only Security we have for our Lives and Properties which if our Sovereign subvert Subjects cannot be blamed for making use of the ordinary means to preserve them and since that cannot be done without withdrawing Obedience from such a Magistrate as goes about to destroy them such an Act cannot properly be said to punish him because we take nothing from him to which he has a just Claim but do only shun the occasion of making our selves miserable The Speculative Doctrine of Passive Obedience has done too much mischief among us and what has befallen the King may be justly imputed to it for the believing that without Opposition he might do what he pleased encouraged him to take such measures as have drawn all these Misfortunes on him Secondly Others are so Fond as to believe that we may be Secure in calling the King back provided they so Limit him that it will not be in his power to hurt us These Men do not consider how small a Complement this is to a Man of the Kings Temper from an an Absolute Prince as he was pleased to fancy himself to content himself with the bare Title of a King and how insupportable the Charge must be if from being Master of all he must force himself to comply with a thousand Masters and see his Throne become his Prison But how airy is it to fancy that any Restrictions of our Contrivance can bind the King For 1 st It 's most certain they can never be Voluntary and what is constrained and done by Force is by Law declared to be Void and Null to whose Assistance the Popes Dispensing Power being joined would quickly blow off these Sampson Cords and the Royal Power would again revive with all its Vigour and Luster Thirdly The King is of a Religion that has in a famous Council decreed That no Faith is to be kept with Hereticks much less with Subjects whom he looks upon as so many Rebels and will not miss to treat them as such whenever they give him the Opportunity of doing it for his greatest Admirers do not run to that height Idolatry to imagine him so much Angel as not to take all methods to revenge so great an Affront and secure himself at our Cost from such a Treatment for the future the apprehensions of which Resentments will strike such terrour in Mens minds that nothing will be capable to divert them from offering up All for an Atonement and Popery and Slavery will be thought a good Bargain if they can but save their Lives Then we may lament our Miseries but it will not be in our power to help them for a Prince of Orange is not always ready to rescue us with such vast Expence and so great hazard to his Person and if our Madness hurry us so far we deserve rather is pity than his resentment Fourthly What Arguments has the King given since he left us to persuade us he will be more faithful in observing his Words and Oaths than hitherto he has been Does he not in a Letter lately printed here expresly say he has ruled so as to give no occasion of complaint to any of his Subjects Is not the same Letter signed by one who sacrificed both Conscience and Honour to Interest whoâ—e pernicious and headstrong Counsels has posted him to his Ruine tho' all that has been done cannot make Him sensible of it Sure the re Hereticks to the See of Rome is not less Meritorious than before nor King Iames the Seventh by breathing the French Air become less Bigot It were a Dream to fancy it For so long as the Vatican thunders Excommunications against all such as do not use their utmost endeavours to extirpate Heresie a Roman Catholick must have no Religion at all if they be not terrible to him The fourth Argument they made use of to persuade such as are and shall be chosen Members of the Convention That their Interest to call back the King is That the Peace and Happiness of the Nation cannot be otherwise secured nor Factions or Divisions extinguished But what Factions do you observe but such as they themselves do foment on purpose to disturb our Harmony all which would immediately die if the Government were once setled on those who deserved it best for then if these Fops continued still fond of Popery and Tyranny they would be chastised as Disturbers of the Publick Peace The Argument may very justly be retorted for if the King return we will burst out into a flame and England which has already declared will quickly be on our Top an Enemy too Potent and too Numerous for us tho' we were all united besides the Danger to which such a Procedure will expose us we cut off all hopes of an Union with that Nation and thereby deprive our selves of an unspeakable Advantage which would redound to all sorts of People and would be the only means to