consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
to have been perverted from the Protestant to the Popish Religion whereby not only great Encouragement hath been given to the Popish Party to enter into and carry on most Devilish and Horrid Plots and Conspiracies for the Destruction of His Majesties Sacred Person and Government and for the Extirpation of the True Protestant Religon But also if the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that a Total Change of Religion within these Kingdoms would ensue For the Preservation whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament Excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories to them or either of them belonging or to have exercise or enjoy any Dominion Power Jurisdiction or Authority in the same Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any time hereafter challenge claim or attempt to possess or enjoy or shall take upon him to use or exercise any Dominion Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or Chief Magistrate of the same That then he the said James Duke of York for every such Offence shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatever shall assist or maintain abett or willingly adhere unto the said James Duke of York in such challenge claim or attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by Writing or Preaching advisedly publish maintain or declare That he hath any Right Title or Authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be deemed and adjudged guilty of High Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That he the said James Duke of York shall not at any time from and after the Fifth of November 1680 return or come into or within any of the Kingdoms or Dominions aforesaid And then he the said James Duke of York shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York That then every such Person shall be deemed and adjudged guilty of High Treason and shall suffer as in Cases of High Treason And be it further Enacted by the Authority aforesaid That he the said James Duke of York or any other Person being guilty of any of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named and that no Nole prosequi or Order for stay of Proceedings shall be received or allowed in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared And it is hereby Enacted and Declared That it shall and may be lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid and they are hereby enjoyned and required to apprehend and secure the said James Duke of York and every other Person offending in any of the Premisses and with him or them in case of Resistance to fight and him or them by Force to subdue For all which Actings and for so doing they are and shall be by virtue of this Act saved harmless and indemnified Provided and it is hereby Declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from inheriting and enjoying the Imperial Crown of the Realms and Dominions aforesaid other than the said James Duke of York But that in case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body The said Imperial Crown shall descend to and be enjoyed by such Person or Person successarily during the Life of the said James Duke of York as should have inherited and enjoyed the same in case the said James Duke of York were naturally dead any thing contained in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That during the Life of the said James Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly Read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the several respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Fore-noon to read the same twice in every year that is to say on the 25th of December and upon Easter-day during the Life of the said James Duke of York This BILL was Read Three Times and Passed and sent up to the Lords for their Concurrence Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of LAUDERDALE Humbly offered to Your Majesty's Consideration in Obedience to Your Royal Commands 1. THE Duke of Lauderdale did grosly misrepresent to your Majesty the Condition of the Western Countries as if they had been in a state of Rebellion though there had never been any opposition made to your Majesty's Authority nor any Resistance offered to your Forces nor to the execution of the Laws But he purposing to abuse your Majesty that so he might carry on his sinistrous Designs by your Authority advised your Majesty to raise an Army against your peaceable Subjects at least did frame a Letter which he sent to your Majesty to be signed by your Royal Hand to that effect which being sent down to your Council Orders was thereupon given out for raising an Army of Eight or Nine thousand men the greatest part whereof were Highblanders and notwithstanding that to avert threatning the Nobility and Gentry of that Country did send to Edenburgh and for the security of the Peace did offer to engage that whatsoever should be sent to put the Laws in execution should meet with no affront and that they would become Hostages for their safety yet
Religion swears nothing 5thly That he that declares himself not tied up by the Test from endeavouring in a lawful way such alterations as he thinks to the advantage of Church and State consistent with Religion and Loyalty declares himself and all others loosed from the Government and all duty to it and free to make any and all alterations that be pleases And 6thly That he that takes the Test with an explanation and holds it to be a part of his Oath invades the Legislative Power and makes Acts of Parliament Upon which rare and excellent Propositions I dare say The Earl is content according to the best Judgment that you and all unbiassed Men can make either of their Truth or of my ingenuity in excerping them to be adjudged Guilty or not Guilty without the least fear or apprehension of the issue And in the third and last place I shall only intreat you to try how the Advocate 's reasoning will proceed in other Cases and what brave work may be wrought by so useful a Tool Suppose then a Man refuse the Test simply or falls into any other kind of Non-conformity either Civil or Ecclesiastick or pays not the King's Custom or other dues or lastly understands an Act otherwise than the Advocate thinks he should Is not his Indictment already formed and his Process as good as made viz. That he regards not the Law That he thinks it is unjustly or foolishly Enacted That he will only obey as far as he can and as he pleases and thereby renders all Laws useless and so reproaches the King and Parliament and impugns their Authority and assumes to himself the Legislative Power and therefore is guilty of Leasing-making Depraving His Majesty's Laws and of Treason of which crimes above-mentioned or one or other of them he is Actor Art and Part Which being found by an Assize he ought to be punished with the pains of Death Forfaulture and Escheat of Lands and Goods to the terror of others to do or commit the like hereafter And if there be found a convenient Judge the poor Man is undoubtedly lost But Sir having drawn this Parallel rather to retrieve the Earl's Case than to make it a precedent which I hope it shall never be and chusing rather to leave the Advocate than follow him in his follies I forbear to urge it further These things considered must it not appear strange beyond expression how the Earl's Explanation such as it is did fall under such enormous and grievous misconstructions For setting aside the Councils allowance and approbation which comes to be considered under the next Head suppose the Earl or any other person called before the Council and there required to take the Test had in all due humility said either that he could not at all take it or at least not without an Explanation because the Test did contain such things as not noly he but many other and those the best of the Loyal and Orthodox Clergy did apprehend to be Contradictions and Inconsistencies And thereupon had proponed one or two such as the Papers above set down do plainly enough hold out and the Bishop in his Explanation rather evades than answers would it not be hard beyond all the measures of Equity and Charity to look upon this as a designed Reflection far more a malicious and wicked Slander and the blackest Treason We see the Act of Parliament doth not absolutely injoin the taking of the Test but only proposeth it to such as are intrusted in the Government with the ordinary certification either of losing or holding their Trusts at their option We know also that in Cases of this nature it is far more suitable both to our Christian Liberty and the respect we owe to a Christian Magistrate to give a reason of our conscientious non-compliance with meekness and fear than by a mute compearance to fall under the censure of a stubborn obstinacy And Iustly It is certain and may safely be affirmed without the least reproach that Parliaments are not infallible as witness the frequent changes and abrogations of their own Acts and their altering of Oaths imposed by themselves and even of this Oath after it was presented which the Earl was not for altering so much as it was done as I told you before How then can it be that the Earl appearing before a Christian Council and there declaring in terms at the worst a little obscure because too tender and modest his Scruples at an Oath presented to him either to be freely taken or refused should fall under any Censure If the Earl had in this occasion said he could not take the Test unless liberty were given him first to explain himself as to some Contradictions and Inconsistencies which he conceived to be in it tho he had said far more than is contained in his contraverted Explanation yet he had said nothing but what Christian Liberty hath often freely allowed and Christian Charity would readily construe for an honest expression of a commendable tenderness without any imputation of reproach against either King or Parliament How much more then is his part clear and innocent when albeit so many thought the Contradictions to be undeniable yet such was his well-tempered respect both to God and Man to his own Conscience and His Majesty's Authority that before and not after the taking of this Oath to clear himself in the midst of the many Exceptions and Scruples raised of all ambiguitles in swearing he first applies himself for a satisfying Explanation to the Parliament the prime Imposers their true intentions and genuine meaning and then gathering it very rationally from the Oath 's consistency with it self and with the Protestant Religion the Parliament's aim and scope and so asserting the King and Parliament's truth and honour he places the relief and quiet of his own Conscience in his taking the Test with this Explanation and in declaring its congruity with his Oath and duty of Allegiance The third Head of the Earl's additional Defences is the further clearing and improving of his grounds of Exculpation above adduced and repelled Which were first that before the Earl did offer his Explanation to the Council a great many Papers were spread abroad by some of the Orthodox Clergy charging the Test with Contradictions and Inconsistencies 2dly That there was a Paper penned by a Reverend Bishop and presented and read in Council and by them allowed to be printed which did contain the same and far more important things than any can be found in the Earl's Explanation And consequently far more obnoxious to all His Majesty's Advocate 's Accusations 3dly That the Explanation upon which he was indicted was publickly by himself declared in Council and by the Council allowed so that the Oath was administrat to him and he received to sit in Council and vote by his Highness and the rest of the Members with and under this express qualification But to all urged for the Earl's Exculpation the Advocate makes
of the Peace and Vnity of this Realm 3. And that such Person or Persons so to be Named Assigned Authorised and Appointed by Your Highness Your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by Vertue of this Act and of the said Letters Patents under Your Highness Your Heirs and Successors to exercise use and execute all the premisses according to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a Power given to the Crown to assign Commissioners to exercise this Jurisdiction which was accordingly done by Queen Elizabeth and a High Commission Court was by her erected which sate and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Elizabeth King James the First and King Charles the First till the 17th Year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz. ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some Words in the aforesaid Branch of the said Act whereby Commissioners are authorised to execute their Commission according to the Tenor and Effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the repressing and preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 Eliz. 1. is Repealed with a Non obstante to the said Act in these Words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every Word Matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said Act to the contrary in any wise notwithstanding And in Sect. 5. of the same Act it is Enacted That from and after the first of August in the said Act mentioned all such Commissions shall be void in these Words And be it further Enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby And all Acts Sentences and Decrees to be made by virtue or Colour thereof shall be utterly void and of none effect By which Act then the Power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provides no such Power shall ever for the future be Delegated by the Crown to any Person or Persons whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12 hath restored this Power or not And for this I take it that it is not restored by the said Act or any Clause in it and to make this evident I shall first set down the whole Act and then consider it in the several Branches of it that relate to this Matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the Late King Charles Entituled An Act for Repeal of a Branch of Statute in Primo Elizabethae câ—ncerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the Late King Charles Intituled An Act for Repeal of a Branch of a Stature primo Elizabethae concerning Commissioners for Causes Ecclesiastical It is amongst other things Enacted that no Arch-bishop Bisâ—â—p or Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord God 1641. Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Jurisdiction 2. Whereupon some Doubt hath been made that all ordinary Power of Coertion and proceeding in Causes Ecclesiastital were taken away whereby the ordinary Course of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other Person or Persons named as aforesaid but that they and every of them exercising Ecclesiastical Jurisdiction may proceed determine Sentence execute and exercise all manner of Ecclesiastical Jurisdiction and all Censures and Coertions appertaining and belonging to the same before any making of the Act before recited in all Causes and Matters belonging to Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo Septimo Car. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission shall be and is thereby repealed to dlintents and purposes whatsoever
we were Sworn and stood bound to be hereby subverted and changed and that thereupon we are not only Absolved and Acquitted from the Allegiance and Fealty we were formerly under to his Majesty but are indispensably obliged by the Ties and Engagements that are upon us of maintaining and defending the Constitution and Government to apply our selves to the use of all Means and Endeavors against him as an Enemy of the People and a Subverter of the legal Government wherein all the Interest he had or could lawfully claim was an Official Trust and not an Absolute Power or a Despâ—tical Dominion the first whereof he hath deposed and abdicated himself from by challenging and usurping the latter And should any Scots Dissenter either in his entrance upon the Liberty granted by this Proclamation or in Addressing by way of Thankfulness for it take the least notice of this Freedoms flowing from the King which cannot be done without Recognising this Absolute Power in his Majesty as the Fountain of it he is to be look'd upon as the worst of Traitors and deserves to be proceeded against both for his Accession unto and justifying the Subversion of the Laws Liberties and Government of his Country and for betraying the Rights of all Free-born Men. For those few Reflections in the foregoing Sheets which this new Proclamation may not only seem to render useless and frustrate the end whereunto they were intended but may make the publishing any Animadversions upon that which the King by departing from does himself Censure and Condemn be esteemed both a failure in Ingenuity and Candor and a want of regard to those Measures of Justice which ought to be observed towards all Men and more especially towards Crowned Heads I shall only say that as the Proclamation arrived with me too late to hinder and prevent the Communication of them to the Publick so I have this farther to add in Justification of their being published that it will thereby appear that what his Majesty stiles Sinistruous Interpretations made of some Restrictions mentioned in his former are no other than the just natural genuine and obvious Constructions which they lye open unto and are capable of and which a Man cannot avoid fastning upon them without renouncing all Sense and Reason And while the King continues to disparage and asperse all sober and judicious Reflections upon that Royal Paper by charging upon them the unjust and reproachful Character of Sinistruous Interpretations it is necessary as well as equal that the whole matter should be plainly and impartially represented to the World and that the Dection be remitted and left to the understanding and unbyass'd part of Mankind who are the Calumniators and Slanderers they who accuse the Proclamation of importing such Principles Consequences and Tendencies or he and his Ministers who think they have avoided and answered the Imputations fastened upon it when they have loaded them with hard and uncivil Terms For tho he be pleased to assume to himself an Absolute Power which all are bound to obey without reserve and in the virtue of which he Suspends Stops and Disables what Laws he pleaseth yet I do not know but that his Intellectuals being of the Size of other Mens and that seeing neither his Sovereignty nor Catholicalness have vested in him an Inerrability why we may not enter our Plea and Demur to the Dictates of his Judgment tho we know not how to withstand the Efforts of his Power Nor shall I subjoyn any more save that whereas his Majesty declares so many Laws to be disabled to all Intents and Purposes he ought to have remembred that beside other Intents and Purposes that several of them may hereafter serve unto as the Papists may possibly come to have Experience there is one thing in reference to which he cannot even at present hinder and prevent their Usefulness and Efficacy and that is not only their raising and exciting all just Resentments in the minds of free-born and generous Men for his challenging a Power to Suspend and Cassate them but their remaining and continuing Monuments of his Infidelity to the Trust reposed in him of his departure from all Promises made at and since his entering upon the Government and of his Invading and Subverting all the Rules of the Constitution The Declaration of His Highness William Henry by the Grace of God Prince of Orange c. Of the Reasons inducing him to appear in Arms in the Kingdom of England for Preserving of the Protestant Religion and for Restoring the Laws and Liberties of England Scotland and Ireland IT is both certain and evident to all Men that the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the Alteration of Religion is endeavored and that a Religion which is contrary to Law is endeavored to be introduced Upon which those who are most immediately concerned in it are Indispensably bound to endeavor to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them And to take such an effectual Care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more Necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Liberties and Customs Upon these grounds it is that we cannot any longer forbear to Declare That to our great Regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by Secret and Indirect ways but in an open and undisguised manner Those Evil Counsellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the King 's Dispensing Power by virtue of which they pretend that according to Law he can Suspend and Dispence with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendered those Laws of no Effect Tho there is nothing more certain than that as no Laws can be made but by the joynt Concurrence of King and Parliament so likewise Laws so enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be Repealed or Suspended but by the same Authority For tho the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the cases 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 younger Son of King William the First procured 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 passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's 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 John the Kings 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 Palaestine 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 John 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 3d. 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 Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 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 deligate to their Representatives 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 Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced 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 Patliament and those Persons were by the Kings Writts 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 Popes Supremacy was notoriously known to be pack'd inso much 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 inferiour Courts have Authority to judge 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 Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings 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 since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
Authorities out of this Realm as also for restoring and uniting to the Imperial Crown of this Realm the antient Jurisdictions Authorities Superiorities and Preheminences to the same of Right belonging and appertaining by reason whereof the Subjects of this Realm were kept in good order and disburthened of divers great and intolerable Charges and Exactions until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second Years of the Reigns of King Philip and Queen Mary were clearly repealed and made void by reason of which Act of Repeal the Subjects of England were eftsoons brought under an usurped Foreign Power and Authority and yet remained in that Bondage to their intolerable Charges and then Enacts that for the repressing of the said usurped Foreign Power and the restoring of the Rights Jurisdictions and Preheminences appertaining to the Imperial Crown of this Realm The said Act made in the first and second Years of the said late King Philip and Queen Mary except as therein is excepted be repealed void and of none effect The said Act of Primo Elizabethae proceeds First to revive by express words many Statutes that had been made in King Henry the Eighth's time and repealed in Queen Mary's and Secondly to abolish all Foreign Authority in these words viz. And to the intent that all Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm c. May it please your Highness that it may be Enacted That no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm c. but the same shall be clearly abolished out of this Realm c. Any Statute Custom c. to the contrary notwithstanding Thirdly The said Act restores in the next Paragraph to the Imperial Crown of this Realm such Jurisdictions Priviledges Superiorities c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or might lawfully be exercised or used c. Fourthly the Act impowers the Queen to assign Commissioners to exercise Ecclesiastical Jurisdiction And Fifthly For the better observation and maintenance of this Act imposes upon Ecclesiastical and Temporal Officers and Ministers c. the Oath commonly call'd the Oath of Supremacy which runs thus viz. The Oath of SUPREMACY I A. B. do utterly testify and declare in my Conscience that the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things and Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queen's Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book It cannot but be obvious to every impartial Peruser of the Statute especially if he have the least knowledg of what Condition the Government of this Nation was reduced to by Papal Encroachments and Usurpations That the Makers of this Law and the Sense of this Oath was no other in general than that the People of this Realm should bear Faith and true Allegiance even in Matters relating to Ecclesiastical Jurisdiction to the Queen's Highness her Heirs and lawful Successors and not to the Pope or any foreign pretended Jurisdiction What the several Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queen her Heirs and Successors are in particular and what the Jurisdictions Priviledges Preheminences and Authorities United and Annexed to the Imperial Crown of this Realm are in particular is not material here to be discoursed of though the several Statutes made in King Henry the Eighth's time and King Edward the Sixth's and revived in Queen Elizabeth's will unfold many of them and clear the distinction which the OATH makes betwixt Authorities granted or belonging to the King and Authorities united and annexed to the Imperial Crown and Mr. Prynn's History of the Pope's intolerable Usurpations upon the Liberties of the Kings and Subjects of England and Ireland together with Sir Roger Twisden's Historical Vindication of the Church of England in point of Schism will in a great measure acquaint the Curious how matters stood with us here with respect to Church-Government before the Pope had wrested the Ecclesiastical Jurisdiction almost wholly out of the hands of our Kings our Parliaments and Courts of Justice In short those Jurisdictions c. are such as the Antient Laws Customs and Usages of the Realm or latter Acts of Parliament have Created Given Limited and Directed The Makers of this Law did not design to impose upon the People of England any new Terms of Allegiance but to secure the old ones exclusive of any Pretences of the Pope or See of Rome Nor are there any words in this Oath more strong more binding to Duty and Allegiance than are words which the old Oath of Fealty is conceived in which all Men were antiently obliged and may yet be required to take to the King in the Court-Leet at twelve years of Age which runs thus viz. You shall swear that from this day forward you shall be true and faithful to our Soveraign Lord King James and his Heirs And Faith and Truth shall bear of Life and Limb and terrene Honour And you shall not know nor hear of any ill or damage intended to him that you shall not defend So help you Almighty God This is as full and comprehensive as the Oath of Supremacy I do promise that I shall bear faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions c. So that the true sense and meaning of the Oath of Supremacy is this viz. I will be true and faithful to our Soveraign Lord the King his Heirs and lawful Successors and will to my Power assist and defend all his Rights notwithstanding any pretence made by the Pope or any other Foreign Power to exercise Jurisdiction within the Realm all which Foreign Power I utterly renounce in Matters Ecclesiastical as well as Temporal The Oath of Allegiance is appointed by the Act of 3 Jac. 1. Chap. 4. Intituled An Act for discovering and repressing of Popish Recusants It
and filling up the Throne with K. William and Q. Mary 450 93. A Proclamation Declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. 452 93. The manner of the King and Queen's taking the Coronation-Oath 453 94. The Coronation-Oath of England 454 The Coronation-Oath of Scotland Ibid. 95. Proposals humbly offered to the Lords and Commons in the present Convention for Setling of the Government 455 96. The late Honourable Convention proved a Legal Parliament 457 97. The Present Convention a Parliament 459 98. The Thoughts of a private Person about the Justice of the Gentlemens undertaking at York Novemb. 1688. wherein is shewed That it is neither against Scripture nor Moral Honesty to defend their Just and Legal Rights against the Illegal Invaders of them occasioned then by some private Debates and now submitted to better Judgments 461 99. An Enquiry into the Measures of Submission to the Supream Authority and of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties 483 100. The Oaths of Allegiance and Supremacy no Badges of Slavery 489 THE Earl of Clarendon's Speech ABOUT Disbanding the Army SEPTEMBER 13. 1660. My Lords and Gentlemen THE King tells you that he hath commanded me to say many particulars to you and the truth is He hath charged me with so many that I have great reason to fear that I shall stand in much need of His Mercy for omitting many things He hath given me in Command at least for delivering them in more Disorder and Confusion then Matters of such Moment and Importance ought to be to such an Assembly for which the King Himself hath even a kind of Reverence as well as an extraordinary Kindness I am to mention some things He hath done already and many things He intends to do during this Recess that you may see how well content soever he is that you should have Ease and Pleasure and Refreshment he hath designed Work enough for Himself The King hath thanked you for the Provision you have made that there may be no free Quarter during the time the Army shall be Disbanding and hath told you what He will do with that Money you have given Him if there should want wherewithal to Disband it And now I hope you will all believe that His Majesty will consent to the Disbanding He will do so And yet He does not take it unkindly at their hands who have thought that his Majesty would not Disband this Army It was a sober and a rational Jealousie No other Prince in Europe would be willing to Disband such an Army an Army to which Victory is entailed and which humanely speaking could hardly fail of Conquest whithersoever He should lead it and if God had not restored His Majesty to that rare Felicity as to be without apprehension of Danger at home or from abroad and without any Ambition of taking from his Neighbours what they are possessed of Himself would never Disband this Army an Army whose Order and Discipline whose Sobriety and Manners whose Courage and Success hath made it famous and terrible over the World an Army of which the King and His two Royal Brothers may say as the noble Grecian said of Aeneas Stetimus tela aspera contra Contulimusque manus experto credite quantus In clypeum assurgat quo turbine torqueat hastam They have all three in several Countries found themselves engaged in the midst of these Troops in the heat and rage of Battel and if any common Souldiers as no doubt many may will demand the old Roman Priviledge for having encountred Princes single upon my Conscience he will find both Favour and Perferment They have all three observed the Discipline and felt and admired and loved the Courage of this Army when they were the worse for it and I have seen them in a season when there was little else of comfort in their view refresh themselves with joy that the English had done the great Work the English had got the Day and then please themselves with the Imagination what wonders they should perform in the head of such an Army And therefore when His Majesty is so entirely possessed of the Affection and obedience of this Army and when it hath merited so much from Him can it be believed or imagined that He can without some regret part with them No My Lords and Gentlemen He will never part with them and the only sure way never to part with them is to Disband them should it be otherwise they must be exposed to the daily Importunity of His great Neighbours and Allies and how could He refuse to lend them His Troops of which He hath no use Himself His Majesty knows they are too good English men to wish that a standing Army should be kept in the howels of their own Countrey that they who did but in Bello pacis gerere negotium and who whilest an Army lived like good Husbandmen in the Countrey and good Citizens in the City will now become really such and take Delight in the Benefit of that Peace they have so honestly and so wonderfully brought to pass The King will part with them as the most indulgent Parents part with their Children for their Education and for their Perferment He will prefer them to Disbanding and prefer them by Disbanding and will always retain such a Kindness for them and such a Memory of the Service they have done him that both Officers and Souldiers after they are Disbanded shall always find such countenance favour and reward from His Majesty that He doubts not but if he should have Occasion to use their Service they will again resort to Him with the same Alacrity as if they had never been Disbanded And if there be any so ill amongst them as there can be but very few if any who will forfeit that Favour and Protection they may have from Him by any withstanding His Majesties Commands and the full and declared sense of the Kingdom His Majesty is confident they will be as odious to their Companions as they can be to any other honest Men. My Lords and Gentlemen I am in the next place by the Kings Command to put you in mind of the Act of Indemnity not of any Grants or Concessions or Releases He made to you in that Act I have nothing of that in charge no Prince hath so excellent a memory to forget the Favours he doth but of what He hath done against you in that Act how you may be undone by that Act if you are not very careful to perform the Obligations He hath laid upon you in it the clause I am to put you in mind of is this And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid That if any Person or Persons within the space of three Years next
History likewise doth shew us how that all our Alliances with the house of Burgundy have still been glorious and useful and all those with France unfortunate and prejudicial 'T is ever more dangerous to go out of the beaten Road to travel through By-lanes unknown and dark untried Paths You 'l easily agree with me that the Union of the United Provinces with France is the thing of all others which we ought the most to apprehend as fatal to our Crown and therefore by consequence nothing can be more safe for England than to disunite them Heaven furnishes us now with an occasion of doing that which we shall never be able to recover again should it be neglected and if we do suffer it to slip away we shall bring that Republick into a necessity of tying this fatal Knot with France stronglier than ever it was fastned before This Union therefore above all others must be the Object of our Care as it hath of late demonstratively been the cause of our Misfortunes I conclude then upon solid Foundations without hesitating That in the first place we must necessarily take part in this War either with Spain or France and next that we must not engage blind-fold without taking right Measures with those who have the same Interest that England hath in the Case thirdly that we must knit our Party firmly together and get all the Advantages we can in this Treaty with Spain as well as all the Security possible with other States without yet exacting from Spain things which are intolerable unto them whom the loss of the Low Countries for fear of being reduced by the Exorbitancy of our Demands may plunge into a necessity of according to whatever France shall require This Discourse being ended I observed by their Countenances that the two Persons who spake first applauded this Opinion and that the third man was much shaken They had some farther speech together but so softly that I cannot well collect the sense of it after which all the Company embraced and gave one another their hand with a reciprocal promise of secrecy as well as an Union in the same Design And thus they separated each a several way with evidence of great satisfaction and friendship And as soon as ever they were gone I slipped back insensibly again into the former obscurity near the Bed without being seen by any of the Domesticks And thus whilst these particulars were fresh in memory I did set them down in Paper and all that I could remember of their Discouse only to satisfie my own Curiosity and the Curiousness of my Friends OF THE FUNDAMENTAL LAWS OR Politick Constitution OF THIS KINGDOM FUndamental Laws are not or at least need not be any written Agreement like Meer-stones between King and People the King himself being a part not party in those Laws and the Commonwealth not being like a Corporation treated by Charter but treating it self But the Fundamental Law or Laws is a settling of the Laws of Nature and Common Equity by common consent in such a form of Polity and Government as that they may be administred amongst us with honour and safety For the first of which therefore we are governed by a King and for the second by a Parliament to oversee and take order that that honourable trust that is put into the hands of the King for the Dignity of the Kingdom be rightly executed and not abused to the alteration of the Politick Constitution taken up and approved or to the destruction of that for whose preservation it was ordered and intended A principal part of which honour is that Royal Assent he is to give for the Enacting of such good Laws as the People shall choose for they are first to consult their own safety and welfare and then be who is to be intrusted with it is to give an honourable Confirmation to it and so to put an Impress of Majesty and Royal Authority upon it Fundamental Laws then are not things of Capitulation between King and People as if they were Foreigners and Strangers on to another nor ought they or any other Laws so to be for then the King should govern for himself not for his People but they are things of Constitution treating such a relation and giving such an Existence and being by an external Polity to King and Subjects as Head and Members which Constitution in the very being of it is a Law held forth with more evidence and written in the very heart of the Republick far firmlier then can be by Pen and Paper and in which sense we owe our Allegiance to the King as Head not only by power but influence and so part of the Constitution not as a party capitulating for a Prerogative against or contrary to it which whosoever seeks to set up or side with do break their Allegiance and rebel against the State going about to deprive the King of his juridical and lawful Authority conferred upon him by the Constitution of this State under the pretence of investing him with an illegal and unconstitutive Power whereupon may follow this grand Inconvenience The withdrawment of his Peoples Allegiance which as a Body connexed with the Head by the Constitution of this Kingdom is owing to him his Person in relation to the Body as the enlivening and quickâ—ing Head thereof being sacred and taken notice of by the Laws in that capacity and under that notion is made inviolate And if it be conceived that Fundamental Laws must needs be only extant in writing this is the next way to bring all to confusion for then by the same Rule the King bids the Parliament produce those Laws that fundamentally give them their being priviledge and power Which by the way is not like the Power of inferiour Courts that are Springs of the Parliament dealing between Party and Party but is answerable to their trust this Court being it self Fundamental and Paramount comprehending Law and Fquity and being intrusted by the whole for the whole is not therefore to be circumscribed by any other Laws which have their being from it not it from them but only by that Law which at first gave its being to wit Salus Populi By the same Rule I say the Parliament may also intreat the King to produce those Laws that Fundamentally give him his being power and honour Both which must therefore be determined not by Laws for they themselves are Laws yea the most supreme and fundamental Law giving Laws to Laws themselves but by the received Constitution or Polity which they themselves are and the end of their Constitution is the Law or Rule of their Power to wit An honourable and safe Regiment of the Common-wealth which Two whosoever goeth about to divide the one of them from the other breaks the fundamental constitutive Law or Laws and Polity of this Kingdom that Ordinance of Man which we are to submit unto nor can or ought any Statute or written Law whatsoever which is of latter Edition and
committed and also their Issues being any way assenting or privy to the same and all their Aiders Comforters and Abettors in that behalf And to the end that the intention of this Law may be effectually Executed if Her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further Enacted by the Authority aforesaid That the Lords and others which shall be of Her Majesties Privy Council at the time of such Her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of Her Highness Decease to supply their Places or any Four and twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy Council shall to the uttermost of their Power and Skill examine the cause and manner of such Her Majesties Death and what persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forcible and possible means prosecute to Death all their Aiders and Abettors And for the doing thertof and for the withstanding and suppressing of all such Power and Force as shall any way be levied or stirred in Disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders And if any such Power and Force shall be levied or stirred in Disturbance of the due Execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully Executed according to the effect and true meaning of the same That then every such person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid and all and every the Subjects of all Her Majesties Realms and Dominions shall to the uttermost of their Power aid and assist the said Councel and all other the Lords and other Persons to be adjoyned to them for Assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law And that no Subject of this Realm shall in any wise be impeached in Body Lands or Goods at any time hereafter for any thing to be done or executed according to the Tenour of the Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one Uniform manner of Writing under their Hands land Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions and Attempts against Her Majesties most Royal Person Now for the full Explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it Declared and Enacted by the Authority of this present Parliament That the same Association and every Article and Sentence therein contained as well concerning the Disallowing Excluding or Disabling any Person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking Revenge of any person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons A Word without Doors concerning the BILL for SUCCESSION SIR I AM very sensible of the great Honour you were pleas'd to do me in your last which I received immediately after our late unhappy Dissolution but could have wished you would have laid your Commands on some more able Person to have given you Satisfaction in the matter you there propose relating to the Duke who you seem to insinuate was like if the Parliament had continued to have received hard measure I must ingeniously confess to you I was not long since perfectly of your Opinion and thought it the highest Injustice imaginable for any Prince to be debar'd of his Native Right of Succession upon any pretence whatsoever But upon a more mature Deliberation and Enquiry I found my Error proceeded principally from the falso Notions I had took up of Government it self and from my Ignorance of the Practiâ—â—â— of all Communities of Men in all Ages whenever Self-preservation and Necessity of their Affairs obliged them to declare their Opinion in Cases of the like Nature To the knowledge of all which the following Accident I shall relate to you did very much contribute My Occasions obliging me one day to attend the coming of a Friend in a Coffee-house near Charing-Cross there happened to sit at the same Table with me Two Ingenious Gentlemen who according to the Frankness of Conversation now used in the Town began a Discourse on the same Subject you desire to be more particularly informed in and having Extolled the late House of Commons as the best number of Men that had ever sate within those Walls and that no House had ever more vigorously maintained and asserted English Liberty and Protestant Religion than they had done as far as the nature of the things that came before them and the Circumstances of time would admit to all which I very readily and heartily assented they then added That the great Wisdom and Zeal of that House had appeared in nothing more than in Ordering a Bill to be brought in for debarring the Duke of Y. from inheriting the Crown A Law they affirmed to be the most just and reasonable in the World and the only proper Remedy to establish this Nation on a true and solid Interest both Relation to the present
Power in Ecclesiastical Matters truly stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what Power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17 Car. 1. ca. 11. And Secondly I shall particularly consider the Act of 17 Car. 1. ca. 11. And Thirdly I shall consider 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament it will plainly appear that the Crown of England hath now no Power to erect such a Court. I must confess and do agree That by the Common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all Spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any Attempts by the Clergy to divest the Crown of it till William the First 's Time and his Successors down to King John the Pope obtained four Points of Jurisdiction First Sending of Legates into England Secondly Drawing of Appeals to the Court of Rome Thirdly Donation of Bishopricks and other Ecclesiastical Benefices And Fourthly Exemption of Clerks from the Secular Power Which four Points were gained within the space of an hundred and odd Years but with all the Opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's Time and then both King and People were and so continued to be in a great measure in Henry the Third's Time and so would in all likelihood have continued had not wise Edward the First opposed the Pope's Usurpation and made the Statute of Mortmain But that which chiefly brake the Neck of this was That after the Pope and Clergy had endeavoured in Edward the Second's Time and in the beginning of Edward the Third to usurp again Edward the Third did resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard the Second backed those Acts with 16 Rich. 2. ca. 5. and kept the Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot of the Church of Rome during her Reign there was an Act made in 1 Eliz-ca 1. which is Intituled Keeble's Stat. An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all foreign Powers repugnant to the same From which Title I collect three things First That the Crown had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual Secondly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it Thirdly That this Law did not introduce a new Jurisdiction but restored the old but with restoring the old Jurisdiction to the Crown gave a Power of delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged in the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 Eliz. 1. declares to have been anciently in the Crown and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in Cases Spiritual and Temporal in these VVords And to the intent that all the Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2 May it please Your Highness that it may be further Enacted by the Authority aforesaid that no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last Day of this Session of Fâ—â—liament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly Abolished out of this Realm and all other Your Highness's Dominions for ever any Statute Ordinance Custom Constitutions or any other Matter or Cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect. 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these VVords And that also it may likewise please your Heghness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be Vnited and Annexed to the Imperial Crown of this Realm From these VVords That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. Gives a Power to the Crown to assign Commissioners to excrcise this Ecclesiastical Jurisdiction in these VVords And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Virtue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall pleass Your Highness your Heirs or Successors such Person or Persons being natural born Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to Exercise Vse Occupy and Execute under Your Highness Your Heirs and Succâ—ssors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained and Amended to the pleasure of Almighty God the Increase of Vertue and the Conservation
earnest to have those Laws maintained in their full and due vigour and think that the chief Security of the established Religion consists in the preserving of them Sacred and unshaken It is certain that there is no Kingdom Common-Wealth or any constituted Body or Assembly whatsoever in which there are not Laws made for the Safety thereof and that provide against all Attempts whatsoever that disturb their peace and that prescribe the Conditions and Qualities that they judge necessary for all that shall bear Employments in that Kingdom State or Corporation And no man can pretend that there is any Injury done him that he is not admitted to Imployments when he doth not satisfie the Conditions and Qualities required Nor can it be denied that there is a great difference to be observed in the conduct of those of the Reformed Religion and of the Roman Catholicks towards one another The Roman Catholicks not being satisfied to exclude the Reformed from all places of Profit or of Trust they do absolutely suppress the whole Exercise of that Religion and persecute all that profess it and this they do in all those places where it is safe and without danger to carry on that rigour And I am sorry that we have at this present so many deplorable Instances of this severity before our Eyes that is at the same time put in practice in so many different places I would therefore gladly see one single good reason to move a Protestant that fears God and that is concerned for his Religion to consent to the Repealing of those Laws that have been enacted by the Authority of King and Parliament which have no other tendency but to the security of the Reformed Religion and to the restraining of the Roman Catholicks from a capacity of overturning it these Laws inflict neither Fines nor Punishments and do only exclude the Roman Catholicks from a share in the Government who by being in Employments must needs study to encrease their party and to gain to it more Credit and Power which by what we see every day we must conclude will be extreamly dangerous to the Reformed Religion and must turn to its great prejudice Since in all places those that are in publick Employments do naturally Favour that Religion of which they are either more or less And who would go about to perswade me or any man else to endeavour to move Their Highnesses whom God hath honoured so far as to make them the Protectors of his Church to approve of or to consent to things so hurtful both to the Reformed Religion and to the publick Safety Nor can I Sir with your good leave in any way grant what you apprehend That no prejudice will thereby redound to the Reformed Religion I know it is commonly said that the number of the Roman Catholicks in England and Scotland is very inconsiderable and that they are possessed only of a very small number of the places of Trust Tho even as to this the case is quite different in Ireland Yet this you must of necessity grant me that if their numbers are small then it is not reasonable that the publick Peace should be disturbed on the account of so few persons especially when so great a favour may be offered to them such as the free Exercise of their Religion would be And if their numbers are greater then there is so much the more reason to be afraid of them I do indeed believe that Roman Catholicks as things at present stand will not be very desirous to be in publick Offices and Imployments nor that they will make any attempts upon the Reformed Religion both because this is contrary to Law and because of the great inconveniencies that this may bring at some other time both on their Persons and their Estates yet if the Restraints of the Law were once taken off you would see them brought into the Government and the chief Offices and Places of Trust would be put in their hands nor will it be easie to his Majesty to resist them in this how stedfast soever he may be for they will certainly press his hard in it and they will represent this to the King as a matter in which his Conscience will be concerned and when they are possessed of the publick Offices what will be left for the Protestants to do who will find no more the support of the Law and can expect little Encouragement from such Magistrates And on the other hand the advantages that the Roman Catholicks would find in being thus set loose from all restraints are so plain that it were a loss of time to go about the proving it I neither can nor will doubt of the sincerity of his Majesties intentions and that he has no other design before him in this matter but that all his Subjects may enjoy in all things the same Rights and Freedom But plain Reason as well as the Experience of all Ages the present as well as the past shews that it will be impossible for Roman Catholicks and Protestants when they are mixed together in places of Trust and publick Employments to live together peaceably or to maintain a good Correspondence together They will be certainly always jealous of one another For the Principles and the Maxims of both Religions are so opposite to one another that in my opinion I do not see how it will be in the power of any Prince or King whatsoever to keep down those Suspitions and Animosities which will be apt to arise upon all occasions As for that which you apprehend that the Dissenters shall not be delivered from the Penal Laws that are made against them unless at the same time the Test be likewise repealed This will be indeed a great unhappiness to them but the Roman Catholicks are only to blame for it who will rather be content that they and their Posterity should lie still under the weight of the Penal Laws and exposed to the hatred of the whole Nation than he still restrained from a capacity of attempting any thing against the Peace and the Security of the Protestant Religion And be deprived of that small advantage if it is at all to be reckoned one of having a share in the Government and publick Enjoyments since in all places of the World this has been always the priviledge of the Religion that is established by Laws and indeed these Attempts of the Roman Catholicks ought to be so much the more suspected and guarded against by Protestants in that they see that Roman Catholicks even when liable to that Severity of Penal Laws do yet endeavour to perswade his Majesty to make the Protestants whether they will or not dissolve the Security which they have for their Religion And to clear a way for bringing in the Roman Caâ—â—â—licks to the Government and to publick Employments In which case there would remain no relief for them but what were to be expected from a Roman Catholick Government Such then will be very unjust to
there that injustice in it which our Author does imagine For not being satisfied to remain disobedient and refractory to an Edict and Decree of the Arch-Duke Matthias and the Council of State who Anno 1578. had appointed that wheresoever there were a hundred Families of those professing the Reformed Religion that they should there be allowed a Church or Chappel for the exercise of their Worship they not only broke all their capitulations made with the Protestants thro oppressing them in various severe unjust method's and in denying them a decent and convenient place in which they might bury their dead but they were found to be still inclining to the Spanish Interest and ready to espouse it upon the first convenient opportunity And therefore the Protestants who were by much the majority partly to relieve themselves from the sufferings which were daily inflicted upon them contrary to stipulations and Articles and partly to prevent the mischiefs which would have ensued to the whole Country should that City have been betrayed again into the power and hands of the Spaniards assumed the Government to themselves and eased the other party of the Trust which they had so unwisely and unrighteously managed Nor can our Author deny but that since they took on them the Ruling Authority they have exercised it with all the moderation that can be expressed And have been so far from returning to the Roman Catholicks the like measures which themselves had met with that they have in no one thing given them cause to complain unless they should quarrel that they are kept out of capacity of doing the mischief their priests would otherway's be ready to excite them unto and which their Religion would countenance them in But it is now time that I should proceed to the fourth thing for which I promised to call our Anonymous Answerer to an account And were he not of a singular Forehead and of a peculiar complexion from all others he could not have had the impudence to endeavour to deceive the world into a belief that the Protestant Dissenters in England stand listed by their Highnesses into the same rank with the Papists and that they are hereafter to expect to be shut up into the same state and condition Certainly he must either have an Antipathy woven into his nature against all truth and sincerity or else thro having long accustomed himself to the misreporting of persons and to the giving false representations of things he must at last have acquired an incurable Habit otherwise it were impossible to prevaricate to that degree from truth in every thing he medleth with and which he undertaketh to say For Mijn Heer Fagel having declared that the reason why their Highnesses can not agree to the Repeal of the Test Laws is because they are of no other tendency than to secure the Reformed Religion from the designs of the Roman Catholicks and that they contain only conditions and provisions whereby men may be qualified to be Members of Parliament and to bear publick Offices Our Author hereupon tells us That the Nonconformists as well as the Roman Catholicks do apprehend that they receive a great deal of damage by those Laws and do account them extremely prejudicial to their Persons and Families And where as Monsieur Fagel had said that he would be glad to hear one good Reason whereby a Protestant fearing God and concerned for his Religion could be prevailed upon to consent to the Repealing of these Laws which have been enacted by the Authority of King and Parliament and that have no other tendency save the providing for the safety of the Reformed Religion and the hindring Roman Catholicks from being in a capacity to subvert it Our Author in way of reflection upon this tells us that it is not only a Childish demand but that it is to be hop'd that the pensionary will from hence be brought to acknowledg how trifling and weak all those Reasons are by which he would preclude the Nonconformists as well as the Roman Catholicks from publick Employments So that by these and many other passages equally false and disingenuous in our Author 's pretended Answer which for brevity's sake I forbear to mention it is apparent that he endeavours to perswade the world into a belief that the Dissenters are staed by their Highnesses in the same rank and condition with the Papists and are to expect to be treated in the same manner in case it please the Almighty God to bring Their Highnesses to the Throne One would wonder at this sudden and strange change in the opinion and conduct of the Papists towards the Nonconformists that they who were represented by them a while ago ' as unfit to live in His Majesties Dominions should now come to be accounted the Kings best and most Faithful Subjects and worthy to be advanced to the chief Trusts and Employ's 'T is but a few years since that all the Laws enacted against them were judged to be too few and gentle and therefore they had Laws executed upon them to which the Legislators had never made them obnoxious but now the Roman Catholicks are become so tender of their ease and safety that out of pure kindness unto them if any will be so foolish as to believe it they must have Laws abrogated which in the worst times and during the most illegal and barbarous procedures against them they were never affected with nor suffered the least prejudice by And whereas it was the only way for persons heretofore to make their Court at St. James's by declaiming against the Dissenters as Rebels and Traitors and by putting them into a salvage Dress to be run upon as beasts of prey it is now grown the only method of becoming gracious at Whitehall to proclaim their Loyalty and to cry them up for the only people in whom his Majesty with safety to his Person and Crown can repose a confidence But under all the Shapes which the Papists do assume they may be easily discovered to retain the same malice to the Reformed Religion and only to act those various and opposite parts in order the better to subvert it And the Dissenters being harassed and oppressed before and indulged and caressed now was upon the same motive of hatred unto it and in subserviency to its extirpation The method's are altered but the design is one and tho they have changed their Tools yet they remain constant in the pursuance of the same End While they of the Church of England were found compliant with the ways which the Factors for Rome thought serviceable thereunto they were not only the Favourites of the Court and of the whole Popish party but were gratified at least as was pretended with a rigorous execution of the Penal Laws upon Dissenters But there remaining several steps to be taken for the introduction of Popery and the extirpation of the Reformed Religion which they of the National Communion would not go along with them in they are forced to
prove effectual to give them the slenderest ground of confidence of their obtaining a Parliament of that mould and constitution And the second is that all the Members must take the Tests before they can be a Legal Parliament and then there is little probability that they who can make the Declaration required in these Laws will be inclinable to Repeal them especially at a season when their own safety as well as that of the Protestant Religion renders it so necessary to have them maintained Whatsoever any Body of men by what name soever they be called or within what walls soever they assemble shall attempt to do without first having taken the Tests is ipso facto null and void in Law and will serve to no Legal purpose but to make themselves obnoxious to the severest punishments which the Justice of a provoked and betrayed Nation can be able to inflict upon them So that we do not doubt what the King would do for the re-establishing Popery and banishing the Protestant Religion could he get a Parliament to his mind but our hope is that he will not and the better to prevent it we will endeavour to keep our Test Laws But to go on with our Author who with his accustomed ignorance but personating here the wisdom of a Solon or a Lycurgus takes upon him to instruct us that as nothing can be called the fundamental Law of a Kingdom or a Republick but what was enacted at the commencement of that State or Society before any alterations could fall out in it with reference to Religion so nothing deserves the name of such a Law save that which is to the advantage and benefit of all the Subjects It were not amiss here to enquire by what Authority our Author fastens on Mijn Heer Fagel this Term of Fundamental Law in reference to the Tests seeing he never used it in his Letter much less applyed it to such a purpose But falsifying is so natural to this Gentleman that he could not avoid it even when he might have been sensible that he would not escape the being challenged for it There is a Countrey in the world that is said to bear no poysonous animal nor had it need seeing if any number of the Natives be of the mould and frame that some are there are brutal and venemous Creatures enough in it tho there be neither Toad nor Serpent there But may not the Test Laws answer the end they were designed unto of being a Fence about Religion tho they be none of the Fundamental Laws of the Government It is not the name that alone gives value to a Law but the Sanction of the Legislative Authority and the usefulness of it to the publick good A Statute that was occasioned by a necessity arising in reference to the publick Safety ought as much to be stood by and upheld while that necessity continues as if it were an original Law and Coaeval with the Constitution And if it was the indispensable dependance of the Welfare and Safety of the Community upon such and such Provisions at first that gave them the Name of Fundamental Laws I am sure that under our present Circumstances we may call the Test Laws absolutely needful if we assume not the vanity to stile them Fundamental Besides I would fain know of our Author that if all Laws lye exposed to an easie Abrogation that are not coaeval with the Kingdom what will then become of the Magna Charta for Liberty of Conscience which his Majesty not only promiseth but undertakes to make irrepealable And withal may not some Laws be as necessary to the being and preservation of a State under the notion of Protestant as others are to its being and subsistence under the consideration of an embodied and formed Society Every Society is bound to use all necessary means to preserve it self and while it maketh no provisions in order thereunto that derive inconvenience upon others unless it be only to keep them from being able to do hurt it would be a wickedness as well as a folly to neglect them In a word as the making no Laws necessary for the Safety of a people under any knowledge of God they may be grown up into but what were coaeval with their first formation into a Kingdom or Republick were the weakning and undermining the Security of the Christian Religion in all parts of the world where it hath obtained to be embraced and setled so by the same reason that it is lawful to make provisions for the preservation of Christianity in a State professing the Gospel of Jesus Christ it is also lawful to make the like provisions for the Security of the Reformed Religion in these Kingdoms and Common-wealths which have judged it to be their duty to God and their Souls to receive and establish it And for our Author 's saying that no Law deserves to be called Fundamental save that which is to the benefit and advantage of all the Subjects it is wholly impertinent to the case for which it is alledged and does no way's attack or weaken what the Pensionary had said For as the Laws contended for to be maintained were never stiled Fundamental so many thousands may have benefit by a Law whom nevertheless all persons of sense and wisdom will account unfit to be advanced to publick Trusts As no man will judge it unreasonable to require that all who are held capable of publick employments should have some degree of wit and understanding so I think it is very reasonable that they should be qualified with so much honesty as to be well affected to the Government as it is by Law established And to speak properly it is not the Law that makes the Papists uncapable of Offices and Employments it only declares they shall not be admitted because they were incapable before and had made themselves unfit to be trusted partly through their dependance upon a forraign power that is at enmity with the State and seeks to subvert it and partly by reason of that principle which they are possessed with of its being their duty to destroy us whensoever they can And as it 's a great favour vouchsafed by the Government to suffer such to live under it as stand so ill affected to it and want only means to overthrow it so if the Roman Catholicks will not be content with the first without the latter it will be a great temptation upon the Kingdom to deprive them of the Priviledge they have because they would not be content with it unless they might obtain that which the Nation could not grant without being Felo de se and without abandoning the means both of our safety here and Happiness hereafter And whereas our Author takes the confidence to tell us That there are many States and Cities in Germany where without the giving occasion to any disturbance the Government is shared between Papists and Protestants and where both those of the Roman Catholick and Reformed Religion do
that as it does not weaken but in effect acknowledge what the Pensionary had said so by justifying what the Papists did to prevent the bringing in of the Protestant Religion which he stiles new he forewarns us what we are to expect they will be ready to do for the reintroducing the Papal Religion to which he gives the character of old Nor is it at all pertinent to the present case which of the Religions is the oldest or which is the newest but all contended for is that the method's of the one have been and still are more severe and sanguinary than the methods of those of the other And as we believe our Religion to be as ancient as Jesus Christ and his Apostles so no prescription of time for Popery's having been in possession can deprive that which has the Divine Authority to warrant it from a right of re-entrance There remains only one thing to be spoken unto of all that I undertook to discipline and correct our Author for and that is the signal ingratitude of the Papists and particularly of this Gentleman to their Highnesses for all that Liberty Favour and ease which Their Highnesses were willing to have had allowed unto them And that we may the more fully have an Idea of their unthankfulness we are to consider both the extent of that Liberty which Their Highnesses were contented to have had bestowed upon them and the obligations they would have come under for the rendring it hereafter inviolable And all this not only at a season when many of the Papists carry it so undutifully towards their Highnesses but at a time when they of the Reformed Religion are so unhumanely persecuted by several Popish Princes in other parts of the world It had not been an unreasonable desire that before the Papists had been so importunate to have all Penal Laws against them in Protestant Nations rescinded and taken away that they should have declared themselves and improved their interest for the Abrogation of all such Laws as are in force against those of the Reformed Religion in Popish Countries And if their Highnesses had insisted upon such a stipulation before They would have given their consent for the Repeal of the Penal Laws against Roman Catholicks in England it had been no more than what was agreeable to the Rules of Wisdom and Justice But their Highnesses not thinking it fit to suffer their own mercy to be restrained by reason of the want of Christian bowels in others took the first opportunity put into their hands of testifying their readiness to consent to the Repeal of all those Laws against Papists in England Scotland and Ireland by which they are made liable to fines or other punishments And that those which they can not agree to the rescinding of are only such by which the Reformed Religion is covered from the designs of the Roman Catholicks against it and by which they are restrained from getting into a condition to overturn it One would think that this should have been received as a most special favour and have obliged them to very hearty acknowledgments Especially when the Prince and Princess were willing to confirm both this and a Liberty for the private Exercise of their Religion with their Guaranty But in stead of any symptoms of gratitude there is nothing to be heard of from many of them or to be met with in our Answerer but what proclaims their dissatisfaction anger and revenge For besides all the ill returns we have already taken notice of in this wrathful and unthankful man he tells us that all which Their Highnesses declare themselves ready to consent unto amounts only to the abolishing some cruel Laws by which Romish Ecclesiasticks stood condemned to death for no other reason save their being Priests and in the vertue of which other persons were banished and deprived of their Estates meerly for being Roman Catholicks all which was a higher degree of barbarity than was ever practised among the most salvage Nations Now not to trouble my self about what kind of entertainment Romish Priests and Lay Papists have met with among those Nations which our Author stiles Barbarous tho it will be found infinitely more severe than any thing that was ever inflicted upon them in England Scotland or Ireland by reason of their Religion or upon the score of any Ecclesiastical Character I would only know of this modest and veracious Gentleman what he thinks of the barbarous and innumerable Cruelties that were perpetrated in all ages and places heretofore and which are at this day committed upon peaceable and sincere Christians for no other crime but that they could not and to this day cannot believe as the Church of Rome doth nor continue in Communion with so idolatrous and villanous a Society Whatsoever measure of severity hath been any where exercised towards Papists it was but according to the President themselves had set in their dealing with them whom they stile Hereticks and in which the Copy comes vastly below the Original But then that which wholly alters the case is that whereas the Papists persecute and destroy Christians meerly upon the account of Religion there were never any severe much less Sanguinary Laws enacted against them save by reason of their Crimes against the State and for being Enemies and Traitors to the Government Popery was never persecuted in England as it is a false and erroneous Belief but as it binds men to the owning of a forraign usurped and unlawful Jurisdiction 'T is neither for their believing Transubstantiation nor for their Worshipping Images that Papists are adjudged to penalties or death but because they adhere to a forreign Enemy and are treacherous to their Countrey Could they have been but good Subjects their being bad Christians would never have prejudiced them And indeed while they continue to hold that the Pope can depose Protestant Soveraigns and absolve Subjects from their Allegiance to them and that it is lawful to cut the Throats of all whom they stile Hereticks and that all Laws made for our security are null and void as being enacted by an incompetent and unlawful Authority it would seem according to the exact measures of wisdom and reason that all lenity and favour towards them were not only a supererogating in Mercy but an indiscretion in Policy But then to let such into the Government were plainly to betray the State and wilfully to abandon both it and our selves to be destroyed and ruined Nor is there so much danger in advancing Robbers and Newgate Fellons to Employments as there would be in preferring Papists especially if Jesuiced and Bigotted into Civil Offices in a Reformed Kingdom And therefore seeing they will not thankfully accept and quietly acquiesce in what is offered and that rather from an exurberancy of Generosity and Mercy than from Maxims of prudence and obligations arising from duty it is best to leave them to steer their own course and to pursue those Methods which will infallibly issue in
which they cannot help but bear his Misfortune and Lot with Patience in himself and with Compassion and Charity towards them and have his Indignation raised only against that Court which forced them to be instrumental in their Oppression and Trouble The Protestant Dissenters could not be so far void of sense as to think that the Person lately in the Throne bore them any good-Will but his drift was to screw himself into a Supremacy and Absoluteness over the Law and to get such an Authority confessed to be vested in him as when he pleased he might subvert the Established Religion and set up Popery Forby the same Power that he can dispense with the Penal Statutes against the Nonconformists he may also dispense with those against the Roman Catholicks And whosoever owneth that he hath a Right to do the first doth in effect own that he hath a Right to do the last For if he be allowed a Power for the superseding some Laws made in reference to Matters of Religion he may challenge the like Power for the superseding others of the same kind And then by the same Authority that he can suspend the Laws against Popery he may also suspend those for Protestancy And by the same Power that he can in defiance of Law indulge the Papists the Exercise of their Religion in Houses he may establish them in the publick Celebration of their Idolatry in Churches and Cathedrals yea whereas the Laws that relate to Religion are enacted by no less Authority than those that are made for the Preservation of our Civil Rights should the K. be admitted to have an Arbitrary Power over the one it is very like that by the Logick of Whitehall he might have challeng'd the same Absoluteness over the other Nor do I doubt but that the eleven Judges who gratified him with a Despoticalness over the former would when required grant him the same over the latter I know the Dissenters have been under no small Temptations both by reason of being hindred from enjoying the Ordinances of the Gospel and because of many grievous Calamities which they suffer for their Nonconformity of making Applications to the K. for some Relief by his suspending the Execution of the Laws but they must give me leave to add that they ought not for the obtaining of a little Ease to have betrayed the Kingdom and Sacrifice the Legal Constitution of the Government to the Lust and Pleasure of a Popish Prince whom nothing less would serve than being Absolute and Despotical And had he once been in the quiet Possession of an Authority to dispense with the Penal Laws the Dissenters would not long have enjoyed the Benefit of it Nor could they have denied him a Power of reviving the Execution of the Law which is part of the Trust deposited with him as Supreme Magistrate who have granted him a Power of Suspending the Laws which the Rules of the Government precluded him from And as he might whensoever he pleased cause the Laws to which they were Obnoxious to be executed upon them so by virtue of having an Authority acknowledged in him of superceding the Laws he might deprive them of the Liberty of meeting together to the number of Five a Grace which the Parliament thought fit to allow them under all the other Severities to which they were subjected Nor needs there any further Evidence that the Prince's challenging such a Power was an Usurpation and that the Subjects making any Application by which it seem'd allowed to him was a betraying of the Ancient Legal Government of the Kingdom whereas the most Obsequious and Servile Parliament to the Court that ever England knew not only denied this Prerogative to the late King Charles but made him renounce it by revoking his Declaration of Indulgence which he had emitted Anno 1672. And as it will be to the perpetual Honour of some of the Dissenters to have chosen rather to suffer the Severities which the Laws make them liable unto than by any Act and Transaction of theirs to undermine and weaken either the Church or the State so it will be a means both of endearing them we hope not only to the Prince of Orange now by a miraculous Providence brought in amongst us but to future Parliaments and of bringing them and the Conformists into an Union of Counsels and Endeavours against Popery and Tyranny for ever which is at this season a thing so indispensibly necessary for their common Preservation Especially when through a new and more threatning Alliance and Confederacy with France than that in 72 the King had not only engaged to act by and observe the same Measures towards Protestants in England which that Monarch hath vouchsafed the World a Pattern and Copy of in his carriage towards those of the Reformed Religion in France but had promised to disturb the Peace and Repose of his Neighbours and to commence a War in conjunction with that Prince against Foreign Protestants For as the King 's giving Liberty and Protection to the Algerines to frequent his Havens and sell the Prizes which they take from the Dutch is both a most infamous Action for a Prince pretending to be a Christian and a direct Violation of his Alliance with the States General so nothing can be more evident than that he thereby sought to render them the weaker for him to assault and that he was resolved if some unforeseen and extraordinary Providence had not interposed and prevented to declare War against them the next Summer in order whereunto great Remises of Money were already ordered him from the French Court So that the Indulgence which he pretends to be inclinable to afford the Dissenters was not an effect of Kindness and Good-will but an Artifice whereby to oblige their Assistance in destroying those Abroad of the same Religion with themselves Which if he could once compass it were easie to foresee what Fate both the Dissenters and they of the Communion of the Church of England were to expect Who as they would not then have known whither to retreat for shelter so they would have been destitute of Comfort in themselves and deprived of Pity from others not only for having through their Divisions made themselves a Prey to the Papists at Home but for having been accessary to the Ruin of the Reformed State Abroad and which was the Asilum and Sanctuary of all those that were elsewhere oppressed and persecuted for Religion Gloria Deo Optimo Maximo Honos Principi nostri celcissimo pientissimo A Representation of the Threatning Dangers Impending over Protestants in Great Britain With an Account of the Arbitrary and Popish Ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed THey are great Strangers to the Transactions of the World who know not how many and various the Attempts of the Papists have been both to hinder all Endeavours towards a Reformation and to overthrow and subvert it
secured of an Asiatick Tameness in his Prelatical People by a Principle which they have lately imbib'd but neither learned from their Bibles nor the Statutes of the Land For the Clergy upon thinking that the Wind would always blow out of one quarter and being resolved to make that a Duty by their Learning which their Interest at that season made convenient have preached up the Doctrine of Passive Obedience to such a boundless height that they have done what in them lyes to give up themselves and all that had the Weakness to believe them fettered and bound for Sacrifices to Popish Rage and Despotical Tyranny But for my self and I hope the like of many others I thank God I am not tainted with that slavish and adulatory Doctrine as having always thought that the first Duty of every Member of a Body Politick is to the Community for whose Safety and Good Governors are instituted and that it is only to Rulers as they are found to answer the main Ends they are appointed for and to Act by the legal Rules that are Chalk'd out unto them Whether it be from my Dullness or that my Understanding is of a perverser make than other Mens I cannot tell but I could never yet be otherways minded than that the Rules of the Constitution and the Laws of the Republick or Kingdom are to be the Measures both of the Sovereign's Commands and of the Subjects Obedience and that as we are not to invade what by Concessions and Stipulations belongs unto the Ruler so we may not only Lawfully but we ought to defend what is reserved to our selves if it be invaded and broken in upon And as without such a Right in the Subjects all legal Governments and mix'd Monarchies were but empty Names and ridiculous things so wheresoever the Constitution of a Nation is such there the Prince who strives to subvert the Laws of the Society is the Traytor and Rebel and not the People who endeavor to preserve and defend them There is yet another Branch of the foresaid Oath that is of a much more unreasonable Strain than the former which is That they shall to the utmost of their Power assist defend and maintain him in the Exercise of this Absolute Power and Authority which being tack'd to our Obeying without reserve make us the greatest Slaves that eitheâ— are or ever were in the Universe Our Kings were heretofore bound to Govern according to Law and so is his present Majesty if a Coronation Oath and faith to Hereticks were not weaker than Sampson's cords proved to be but instead of that here is a new Oath imposed upon the Subjects by which they are bound to protect and defend the King in his ruling Arbitrarily It had been more than enough to have required only a calm submitting to the exercise of Absolute Power but to be enjoined to swear to assist and defend his Majesty and Successors in all things wherein they shall exert it is a plain destroying of all natural as well as civil Liberty and a robbing us of that freedom that belongs unto us both as we are men and as we are born under a free and legal Government For by this we become bound to drag our Brethren to the Stake to cut their Throats plunder their Houses imbrew our hands in the Blood of our Wives and Children if his Majesty please to make these the Instances wherein he will exert his Absolute Power and require us to assist him in the exercise of it As it was necessary to cancel all other Oaths and Tests as being directly inconsistent with this so the requiring the Scots to swear this Oath is the highest revenge he could take for their Solemn League and Covenant and for all other Oaths that lust after Arbitrariness and Popish Bigottry will pronounce to have been injurious to the Crown But no words are sufficient to express the mischiefs wrapt up in that new Oath or to declare the abhorrency that all who value the Rights and Liberties of Mankind ought to entertain for it nor to proclaim the Villany of those who shall by Addresses give thanks for the Proclamation There may a fourth thing be added whereby it will appear that his Majesty's assuming Absolute Power stands recorded in Capital Letters in his Declaration for liberty of Conscience For not being contented to omit the requiring the Oaths of Allegiance and Supremacy and the Test Oaths to be taken nor being satisfied to suspend for a season the enjoining any to be demanded to take them he tells us that it is his Royal will and pleasure that the aforesaid Oaths shall not at any time hereafter be required to be taken which is a full and direct Repealing of the Laws in which they are Enacted It hath hitherto passed for an undoubted Maxim that eorum est tollere quorum est condere they can only abrogate Laws who have Power and Authority to make them and we have heretofore been made believe that the Legislative power was not in the King alone but that the two Houses of Parliament had at least a share in it whereas here by the disabling and suspending Laws for ever the whole Legislative Power is challenged to be vested in the King and at one dash the Government of England is Subverted and changed Tho it hath been much disputed whether the King had a liberty of refusing to Assent to Bills relating to the benefit of the Publick that had passed the two Houses and if there be any sense in those words of the Coronation Oath of his being bound to Govern according to the Laws quas vulgus Elegerit he had not yet none till now that his Majesty doth it had the impudence to affirm that he might abrogate Laws without the concurrence and assent of the Lords and Commons For to say that Oaths enjoined by Laws to be required to be taken shall not at any time hereafter be required to be taken is a plain Cancelling and Repealing of these Laws or nothing of this World ever was or is nor can the wisdom of the Nation in Parliament Assembled find words more emphatical to declare their Abrogation without saying so which at this time it was necessary to forbear for fear of allarming the Kingdon too far before his Majesty be sufficiently provided against it For admitting them to continue still in being and force tho the King may promise for the non execution of them during his own time which is even a pretty bold undertaking yet he cannot assure us that the Oaths shall not be required to be taken at any time hereafter unless he have provided for an eternal Line of Popish Successors which God will not be so unmerciful as to plague us with or have gotten a Lease of a longer Life than Methusalah's which is much more than the full Century of years wished him in a late Dedication by one that stiles himself an Irishman a thing he might have forborn telling us because the Size
emitted his Declaration for Liberty of Conscience there were Commissions of Reprisal prepared and ready to be granted to the English East-India Company against the Hollanders but which were suppressed upon the Court 's finding that they whom the suspending the Execution of so many Laws and the granting such Liberties Rights and Immunities to the Papists had disgusted and provoked were far more numerous and their resentments more to be apprehended than they were whose murmurings and discontents they had silenced and allay'd by the liberty that was granted Now as it will be at this juncture when the Protestant Interest is so low in the World and the Reformed Religion in so great danger of being Destroyed a most wicked as well as an imprudent Act to contribute help and aid to the Subjugating a People that are the chief Protectors of the Protestant Religion that are left and almost the only Asserters of the Rights and Liberties of Mankind so it may fill the Addressers with confusion and shame that they should have not only justified an Act of His Majesty's that is plainly designed to such a mischievous End but that they should by the Promises and Vows that they have made Him have emboldned His Majesty to continue his purposes and resolutions of a War against the Dutch Which as it must be funestous and fatal to the Protestant Cause in case he should prosper and succeed so howsoever it should issue yet the Addressers who have done what in them lyes to give encouragement unto it will be held betrayers of the Protestant Religion both abroad and at home and judged guilty of all the Blood of those of the same Faith with them that shall be shed in this Quarrel That Liberty ought to be allowed to men in matters of Religion is no Plea whereby the King 's giving it in an illegal and Arbitrary manner can be maintained and justified Since ever I was capable of exercising any distinct and coherent acts of Reason I have been always of that mind that none ought to be persecuted for their Consciences towards God in matters of Faith and Worship Nor is it one of those things that lye under the power of the Sovereign and Legislative Authority to grant or not to grant but it is a Right setled upon Mankind antecedent to all Civil Constitutions and Humane Laws having its foundation in the Law of Nature which no Prince or State can legitimately violate and Infringe The Magistrate as a Civil Officer can pretend or claim no Power over a People but what he either derives from the Divine Charter wherein God the Supreme Institutor of Magistracy has chalk'd out the Duty of Rulers in general or what the People upon the first and original Stipulation are supposed to have given him in order to the Protection Peace and Prosperity of the Society But as it does no where appear that God hath given any such Power to Governors seeing all the Revelations in the Scripture as well as all the Dictates of Nature speak a contrary Language so neither can the People upon their chusing such a one to be their Ruler be imagined to transfer and vest such a Power in him forasmuch as they cannot divest themselves of a Power no more than of a Right of believing things as they arrive with a Credibility to their several and respective Understandings As it is in no Man's Power to believe as he will but only as he sees cause so it is the most irrational Imagination in the World to think they should transfer a Right to him whom they have chosen to govern them of punishing them for what it is not in their power to help Nor can any thing be plainer than that God has reserved the Empire over Conscience to himself and that he hath circumscribed the Power of all Humane Governors to things of a civil and inferior Nature And had God convey'd a Right unto Magistrates of commanding Men to be of this or that Religion and that because they are so and will have others to be of their mind it would follow that the People may conform to whatsoever they require tho by all the Lights of Sense Reason and Revelation they are convinced of the Falshood of it Seeing whatsoever the Sovereign rightfully Commands the Subjects may lawfully obey But tho the persecuting People for Matters of mere Religion be repugnant to the Light of Nature inconsistent with the Fundamental Maxims of Reason directly contrary to the Temper and Genious as well as to the Rules of the Gospel and not only against the Safety and Interest of Civil Societies but of a Tendency to fill them with Confusion and to arm Subjects to the cutting of one anothers Throats yet Governors may both deny Liberty to those whose Principles oblige them to destroy those that are not of their mind and may in some measure Regulate the Liberty which they vouchsafe to others whose Opinions tho they do not think dangerous to the Peace of the Community yet through judging them Erroneous and False they conceive them dangerous to the Souls of Men. As there is a vast difference betwixt Tolerating a Religion and approving the Religion that is Tolerated so what a Government doth not approve but barely permits and suffers may be brought under Restrictions as to time place and number of those professing it that shall assemble in one Meeting which it were an Undecency to extend to those of the justified and established way Now whatsoever Restrictions or Regulations are enacted and ordained by the Legislative Authority in reference to Religions or Religious Assemblies they are not to be stop'd disabled or suspended but by the same Authority that enacted and ordained them The King says very truly That Conscience ought not to be constrained nor People forced in matters of mere Religion But it does not from thence follow unless by the Logick of Whitehall that without the concurrence of a Parliament he should suspend and dispense with the Laws and by a pretended Prerogative relieve any from what they are Obnoxious unto by the Statutes of the Realm His saying that the forcing People in matters of Religion spoils Trade depopulates Countries discourageth Strangers and answers not the End of bringing all to an Uniformity for which it is employ'd would do well in a Speech to the Houses of Parliament to perswade them to Repeal some certain Laws or might do well to determine his Majesty to assent to such Bills as a Parliament may prepare and offer for relieving Persons in matters of Conscience but does not serve for what it is alledged nor can it warrant his suspending the Laws by his single Authority And by the way I know when these very Arguments were not only despised by his Majesty and rediculed by those who took their Cue from Court and had Wit to do it as by the present Bishop of Oxford in a very ill-natur'd Book called Ecclesiastical Polity but when the daring to have mentioned them would
Parliament guilty of exercising an arbitrary Power if their Proceedings be not regulated by written Laws but by Salus Populi Ans For the Parliament to be bound up by written Laws is both destructive and absurd First it is destructive it being the Fundamental Court and Law or the very Salus Populi of England and ordained as to make Laws and see them executed so to supply their Deficiency according to the present Exigency of things for publick Preservation by the Prerogative of Salus Populi which is universally in them and but particularly in particular Laws and Statutes which cannot provide against all future Exigents which the Law of Parliaments doth and therefore are not they to be limits to this And it would yet be further destructive by cutting the Parliament short of half its Power at once for it being a Court both of Law and Equity as appears by the Power of making Laws which is nothing but Equity reduced by common Consent into Polity when ever it is circumscribed by written Laws which only is the Property of inferiour Courts it ceaseth to be supreme and divests it self of that inherent and uncircumscribed Power which Salus Populi comprehends Secondly as it is destructive so also it is absurd for the Legislative Power which gives Laws is not to receive Laws saving from the nature and end of its own Constitution which as they give it a being so they endow it with Laws of Preservation both of it self and the whole which it represents I would not herein be mis-understood as if the Parliament when as it only doth the Office of inferiour Courts judging between Party and Party were not limitted by written Laws there I grant it is because therein it only deals between meum and tuum which particular written Laws can and ought to determine so that its superlative and uncircumscribed Power I intend only as relating to the Universe and the Affairs thereof wherein it is to walk by its fundamental Principles not by particular Precepts or Statutes which are made by the Parliament between King and People not between People and Parliament they are ordained to be Rules of Government to the King agreeing with the Liberty and Property of the People and Rules of Obedience to the People without detainment of their Freedom by the Exercise of an illegal usurped and unconsented Power whereunto Kings especially in hereditary Monarchies are very prone which cannot be suspected by a Parliament which is representatively the Publick intrusted for it and which is like to partake and share with the Publick being but so many private Men put into Authority pro tempore by common Consent for common Good Nor is the Parliament hereby guilty of an arbitrary Government or is it destructive to the Petition of Right when as in providing for Publick-weal it observes not the letter of the Law First because as aforesaid that Law was not made between Parliament and People but by the People in Parliament between the King and them as appears by the whole tenour of it both in the complaining and praying parts which wholly relate to the King Secondly because of the common Consent that in the representative Body the Parliament is given thereunto wherein England in her Polity imitates Nature in her Instincts who is wont to violate particular Principles for publick Preservation as when light things descend and heavy ascend to prevent a Vacuum And Thirdly because of the equitable Power which is inherent in a Parliament and for publick Good is to be acted above and against any particular Statute or all of them And Fourthly because the end of making that Law to wit the publick Preservation is fulfilled in the breaking of it which is lawful in a Parliament that is chosen by the whole for the whole and are themselves also of the Body though not in a King for therein the Law saith Better a mischief than an inconvenience But it may be objected Though it be not arbitrary for the Parliament to go against written Law yet is it not so when they go against the Kings Consent which the Law even the fundamental Law supposeth in Parliamentary Proceedings This hath been answered That the King is juridically and according to the intention of the Law in his Courts so that what the Parliament consults for the publick Good That by Oath and the Duty of his Office and Nature of this Polity he is to consent unto and in case he do deny it yet in the Construction of the fundamental Law and Constitutions of this Kingdom he is conceived to grant it supposing the Head not be so unnatural to the Body that hath chosen it for good and not for evil But it will be answered Where is the Kings Negative Voice if the Parliament may proceed without his Consent I answer That there is no known nor written Law that gives him any and things of that nature are willingly believed till they be abused or with too much Violence claimed That his Majesty hath fundamentally a Right of Consent to the Enacting of Laws is true which as aforesaid is part of that honourable Trust constituted in him And that this Royal Assent is an Act of Honour and not of Absolute and Negative Power or Prerogative appears by these following Reasons First by his Oath at the Coronation mentioned in one of the Parliaments Declarations where he doth or should swear to confirm and grant all such good Laws as his People shall choose to be observed not hath chosen for First The word concedis in that Oath were then unnecessary the Laws formerly Enacted being already granted by foregoing Kings and so they need no more Concession or Confirmation else we must run upon this Shelf that all our Laws die with the old King and receive their being anew by the new Kings Consent Secondly hereby the first and second Clause in that Interrogatory viz. Concedis justas leges permittas protegendas are confounded and do but idem repetere Thirdly Quas Vulgus elegerit implies only the Act of the People in a disjunctive sense from the Act or Consent of the King but Laws already made have more than Quas Vulgus elegerit they have also the Royal Consent too so that that Phrase cannot mean them wherein the Act or Consent of the King is already involved Secondly by the Practise of requiring the Royal Assent even unto those very Acts of Subsidies which are granted to himself and for his own use which it is supposed he will accept of and yet Honoris gratia is his Royal Assent craved and contributed thereunto Thirdly by the Kings not sitting in Parliament to debate and consult Laws noâ— are they at all offered him by the Parliament to consider of but to consent to which yet are transmitted from one House to another as well to consult as consent to shewing thereby he hath no part in the consultory part of them for that it belongs only to the People in Parliament to discern and