A FIFTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. The hard Case of Protestant Subjects under the Dominion of a Popish Prince II. An Answer to a late Pamphlet entitled A Short Scheme of the Vsurpations of the Crown of England c. III. An humble and hearty Address to all English Protestants in the Army Published by Mr. Johnson in the Year 1686. IV. Several Reasons against the Establishment of a standing Army and Dissolving the Militia V. A Discourse of Magistracy of Prerogative by Divine Right of Obedience and of the Laws VI. The Definition of a Tyrant by Abr. Cowley With several Queries thereupon proposed to the Lawyers VII A Letter to the King inducing him to return to the Protestant Religion VIII Ten Seasonable Queries proposed by an English Gentleman at Amsterdam to his Friends in England Licensed and Entred according to Order London printed and are to be fold by Rich. Janeway in Queen's-head Court in Pater-Noster Row 1688. The hard Case of Protestant Subjects under the Dominion of a Popish Prince A Prince putting himself and his Dominions under the Authority of the Pope and admitting as he must unavoidably the Laws and Decrees of the Romish Church all his Protestant Subjects being by the Judgment and Sentence of that Church Hereticks (a) Distinct 19. cap. a Caus 25. q. 1. cap. 11. do forthwith lie under the Penalty which those Laws and Constitutions will have inflicted upon Hereticks Heresie (b) Cap. Vergent de Hotticis being the highest degree of High-Treason called therefore by them Laesae Crimen Majestaetis Divinae So the English Protestant must be a Traytor and the worst of Traytors and exposed to the Penalties of High-Treason The Laws and Decrees of the Romish Church against Hereticks Heresie (c) Cap. Infam 6. q. 1. p. 297. is denounced Infamous and the Heretick must be dealt with as such which is many Penalties in one First Whereby they are deprived of all Nobility Jurisdiction and Dignity and debarred from all Offices and publick Councils Parliaments and others being made uncapable of choosing and being chosen So that it reacheth all sorts (d) Suar. de Fide disp 12. §. 9. r. 5. l. 2. c. 29. of Clergy Laity Noble and Ignoble which is extended to their Children also For they say The Issue of Traytors Civil and Spiritual lose their Nobility And all that owe any Duty to such Infamous Persons are discharged and exempted therefrom as Subjects (e) Cap. de Haer. from their Prince Servants (f) Aaâ—oâ— Tom. 1. l. 8. c. 12. q. 7. from their Masters Children (g) Cap. 2. Sect. fin de Haer. in 6. from their Parents whom they also may lawfully kill Whereby we may see a little to what condition the Admission of the Papal Authority would reduce us expelling both Nature and Humanity and making the dearest Relatives unnatural and barbarous to one another it would leave no Protestant either Dignity or Authority either Safety or Liberty Nobles are sentenced to Peasants and Peasants to Slaves Secondly Another Penalty to which Hereticks are condemned by their Law is Confiscation of Goods and Estate and this they incur ipso jure ipso facto that is immediately as soon as they shew themselves Hereticks before any legal Sentence have passed For which there is an express Decree in the Canon-Law (h) Cap. cum secundum Legis de Haer. Inno III. cap. de Vergentis Bona Haereticorum ipso jure discernemus consiscata We decree the Goods of Hereticks to be consiscate by Sentence of Law. The Effects of this Confiscation wherein they all agree makes the Severity of the Law apparent viz. First All the Prosits made of the Estate from the first day of their Guilt is to be (i) Vasq in Suar. disp 22. S. 4. n. 11. refunded Secondly All Alienations (k) S. 1. n. 5. by Gist Sale or otherwise before Sentence are null and void and all Contracts for that purpose (l) Cap. Vergent de Haer. rescinded Thirdly Children Heirs of Hereticks are deprived of their Portions yea tho they be Papists Whereby it appears that as soon as the Papacy is admitted all Title and Property is lost and extinct among us And therefore we must not think that Pope acted extravagantly who declared That all his Majesty's Territories were his own as forfeited to the Holy See for the Heresie of Prince and People Not only Abby-Lands are in danger who ever possess them but all Estates are forfeited to his Exchequer and legally confiscated All is his own which Protestants in these three Nations have or ever had if he can but meet with a Prince so wise as to help him to catch it whose process follows them beyond their Grave and ruins their Children and Children's Children after them And when they have strip'd the Heretick of his All they provide that no other shall relieve him viz. That none shall receive him into their Houses nor afford him any Help nor shew him any Favour nor give him any Counsel We are here in England zealous for Property and all the reason in the World we should so be But we must bid adieu to this when we once come under the Pope's Authority for as soon as this is admitted all the Protestants in these Nations are Beggars by Lrw viz. by the Laws of that Church which will then be Ours divesting us of all Property and Title to whatever we account our own Thirdly Another Penalty which their Law inflicts on Hereticks is Death (m) Cap. ad abolendum de Haer. Suar. Dis 23. Bul. Vrb 4. Inno. 4. which is the Sentence of the Canon-Law and which is so absolute that no Secular Judg can remit and which is the Judgment of all the Doctors Ita docent omnes Doctores And from which Penalty neither Emperors nor Kings themselves are to be freed or exempt And the Death they inflict is burning alive No Death more tolerable or of less exquisite Torture will satisfy the Mercy of that Church The Canon saith thus Decernimus ut vivi in conspectu hominum comburantur We decree that they shall be burnt alive in the sight of the World. So our last Popish Successor Queen Mary practised upon near three hundred Persons without regard either to Age Sex or Quality the Scripture they urge for it is John 15.6 (n) Jac. de Gra. decis l. 2. c. 9. n. 2. If any one abide not in me men gather them and cast them into the Fire and they are burnt So that as soon as the Papal Authority is admitted among us all the Protestants in these Nations are dead Men in Law being under a Law that hath sentenced us to be burnt alive and under a Power that hath declared it necessary that no one of us escape with Life Fourthly Where legal Penalties cannot take place by reason of opposite Strength they hold War necessary and lawful to chastise
be beaten out and a keener Deg must be got in his stead Henry the Third and Henry the Fourth were both Assassinated upon this Account because they were suspected to favour Hereticks And are we not told by the Discoverers (b) Oats 's Nar. p. 4. N. 5 c. of the Popish Plot That after they had dispatch'd the King they would depose his Brother also that was to succeed him if he did not answer their Expectations for rooting out the Protestant Religion But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us Not possible if once they secure and settle the Throne for Popery For First They can avoid Parliaments as long as they please and a Government that is more Arbitrary and Violent is more agreeable to their Designs and Principles It being apparent that the English Papists have lost the Spirit of their Ancestors who so well asserted the English Liberties being so generally now fix'd for the Pope's Universal Monarchy sacrificing all to that Roman Moloch being much more his Subjects than the King 's and though Natives by Birth yet are Foreigners as to Government Principle Interest Affection and Design and therefore no Friends to Parliaments as our Experience hath told us But Secondly if their Necessity should require a Parliament there is no question but they may get such a one as will serve their turns For so have every of our former Princes in all the Changes of Religion that have been amongst us As Henry the 8th when he was both for and against Popery Edward the 6th when he was wholly Protestant Queen Mary when she was for Burning Alive and Queen Elizabeth when she ran so Counter to her Sister And the Reason is clear that he who has the making of the publick Officers and the Keys of Preferment and Profit influenceth and swayeth Elections and Votes as he pleaseth And by how much the Throne comes to be fix'd in Popery the Protestants must expect to be excluded from both Houses as they have excluded the Papists For as Hereticks and Traitors they as ignominous Persons c. you have heard forfeit all Right either to chuse or be chosen in any Publick Councils And then all Laws which have been made for the Protestants and against the Popish Religion will be null and void as being enacted by an incompetent Authority as being the Acts of Hereticks Kings Lords and Commons who had forfeited all their Rights and Priviledges But Thirdly suppose our Laws were valid as enacted by competent Authority and such good and wholsome Provisions as were those Statutes made by our Popish Ancestors in those Statutes of Provisoes in Edward the I. Edward the III. Time and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions Yet being against the Laws and Canons of Holy Church the Sovereign Authority they will be all superseded For so they determine That when the Canon and the Civil Laws clash one requiring what the other allows not the Church-Law must have the observance and that of the State neglected And Constitutions they say made against the Canons and Decrees of the Roman Bishops are of no moment Their best Authors are positive of it And our own Experience and Histories testify the Truth thereof For how were those good Laws before-mention'd defeated by the Pope's Authority so that there was no effectual Execution thereof till Henry the 8th's Time as Dr. Burnet (c) Hist Ref. p. 110. tells us And how have the good Laws to suppress and prevent Popery been very much obstructed in their Execution by Popish Influence An Answer to a late Pamphlet Intituled A Short Scheme of the Usurpations of the Crown of England c. THE World may very justly wonder at several Passages in this ill-designed and as ill-writ Pamphlet which the Author has taken the pains to collect from some perty Grubstreet Chronicle Henry II. is call'd an Usurper pag. 4. because he accepted of the Crown of England in his Mothers Life-time tho' by her not opposing his Claim it may very reasonably be concluded that she freely consented to his Promotion as the most essectual means to secure the Crown to her Posterity But we are told That a Crown is no Estate to be made over in Trust If our Author's meaning is that a Crown is an Estate which the Possessor cannot divest himself of by a voluntary Resignation both Reason and a multituide of Examples in several Ages and Nations prove that the Principle our Author has laid down is founded on a gross Mistake Therefore if our Author designs to publish any more Schemes of Usurpation let him first inform us what it is and how far it extends lest the World should accuse him of having as notoriously usurped to himself the Title of a Writer as any of our Princes ever did the Crown of England He would perswade his Readers to believe that God punish'd King Edward III. and King Henry V. for their Usurpations with frequent and unexpected Victories in the acquisition of which tho' there was some English Blood shed as it was impossible it should be otherwise yet the Enemies paid an excessive Price for it after the defeat of their great Armies and the Imprisonment of their King they being forced to buy their Peace upon such Terms as our conquering Usurpers pleased to impose Nor did ever any well-wisher to the English Nation deny that these Two Princes were the Glory of their Age and of our British History If I should reckon up all the evident Mistakes and salfe Inferences in this Libel it would be too tedious since a careless Eye cannot easily overlook them If the Pamphlet finds so undeserved a Reception in the World as to need a Second Impression the Author is desired to add to it this Postscript which being founded on the Principles asserted by him will shew the World that he hath wilfully and perhaps partially forborn to speak of as notorious an Usurper as any that are mentioned in his Scheme Queen Mary the Off-spring of an Incestuous Marriage had no other unquestionable Divine Right to the Crown of England than what was given her by an Act of Parliament made in her Father's Reign and the common Consent of the Nobility and People after the Death of her Brother King Edward VI. whose disposal of the Crown by Letters Patents under the Great Seal being directly contrary to the former Entail of it limited by a higher Authority His Sister the Lady Mary was acknowledge Queen Therefore according to our Author 's abstruse Notions She as well as her Grand-father Henry VII must be reckoned among the Usurpers of the Crown of England Let us now see what success attended her and whether the Nation was happy under her Government As soon as She saw her self fixed in the Throne She imprisoned and deprived several of the Protestant Bishops contrary to the then Establish'd Laws of the Realm
all Good they are his his Ordinances and Institutions Rom. 13.1 2. III. Plowing and sowing and the whole business of preparing Bread Corn is absoluely necessary to the Subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23d to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have Strength by me Kings reign and Princes decree Justice By me Prinees rule and Nobles even all the Judges of the Earth Prov. 13.14 V. The Prophet speaking of the Plow-man faith His God doth instruct him to Discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but Ieaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture that such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Men Lands to be already butted and bounded when it forbids removing the Ancient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam 8.11 be a Statute of Prerogative and prove all those Particulars to be the Right of the King then Mishpat Haccohanim the Priests custom of Sacrilegious Rapine Chap. 2.13 proves that to be the Right of the Priests the same word being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Perogative of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Note Give us a King to judg us 1 Sam. 8.5 6 20. upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commission or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Arch bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from being the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Land was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them 18 Edw. III. 20 Edw. III. Cap. 1 2. either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13th of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13th of the
Hereticks For which we might give you divers Authorities (o) Bonacina Diano Castro Molanus c. Car. Allen. ad mon. to Nobl. Peop. p. 41. but let Cardinal Allen our Country-man suffice who asserts it is not only lawful but necessary His words are these It is clear saith he what People or Persons soever be declared to be opposite to GOD's Church with what Obligation soever either of Kindred Friendship Loyalty or Subjection I be bound unto them I may or rather must take up Arms against them and then must we take them for Hereticks when our lawful Popes adjudg them so to be And which saith Cardinal Pool is a War more holy than that against the Turks Fifthly To destroy them by Massacres is sometimes held more adviseable than to run the hazard of War and which they say is both lawful and meritorious for the rooting out a Pestilent Heresy and the promoting the Roman Interest This set a-foot the Iirish Massacre that inhuman bloody Butchery and so much from the Savageness and Cruelty of their Nature as the Doctrines and Principles which directed and encouraged it as also that of Paris than which nothing was more grateful and acceptable to their Popes as their (p) Eriess of P.G. 13. Clem. 8. Bulls make manifest and the picturing it in the Pope's Chamber and for which as a most glorious Action Triumphs were made and publick Thanksgivings were returned to God. So in Savoy and elsewhere both in former and latter Times And this was that which the late Conspirators aimed at so fully intending a Massacre Those that escaped a Massacre saith (q) 5. Jes Trial p. 28. Dugdale must be cut off by the Army And (r) Col. Lr. to the Internuncio Coleman tells the Internuncio in his Letters That their Design prospered so well that he doubted not in a little time their Business would be managed to the utter Ruin of the Protestant Party The effecting where of was so desirable and meritorious that if he had a Sea of Flood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretical Kings he would do it (s) Prance 's Nar. p. 4. Singleton the Priest affirmed That he would make no more to stab forty Parliament-Men than to eat his Dinner Gerard and Kelley to encourage Pranëe to kill Sir E. B. G. told him It was no Murther no Sin and that to kill twenty of them was nothing in that case which was both a charitable and meritorious Act. And (t) Caus Ep. p. 189. Grant one of the Massacring Gun-powder Traitors said upon his Execution te one that urged him to repent of that wicked Enterprize That he was so far from counting it a Sin that on the contrary he was confident that that noble Design had so much of Merit in it as would be abundantly enough to make Satisfaction for all the Sins of his whole Life See Everard Digby speaking to the same purpose also the Provincial Garnet did teach the Conspirators the same Catholick Doctrine viz. That the King Nobility Clergy and whole Commonalty of the Realm of England Papists excepted were Hereticks and That all Hereticks were accursed and excommunicated and That no Heretick could be a King but that it was lawful and meritorious to kill him and all other Hereticks within this Realm of England for the advancement and inlargement of the Authority and Jurisdiction of the Pope and for the restoring of the Romish Religion This was that Garnet whom the Papists here honoured as a Pope and kissed his Feer and reverenced his Judgment as an Oracle and since his Death given him the Honour of Saintship and Martyrdom (u) Five Jes Trinis p. 25. Dugdale deposed That after they had dispatched the King a Massäcre was to follow But surely it may be supposed that the Temper of such a Prince or his Interest would oblige him to forbid or restrain such violent Executions in England Yea but what if his Temper be to comply with such Courses Or his Temper be better What if it be over-rul'd What if he be perswaded as other Catholicks are that he must in Conscience proceed thus What if he cannot do otherwise without hazard of his Crown and Life For he is not to hold the Reins of Government alone he will not be allowed to be much more than the Pope's POSTILLION and must look to be dismounted if he act not according to Order The Law (x) Caput Officiâ—m tells us That it is not in the Power of any Civil Magistrate to remit the Penalty or abate the Rigour of the Law. Nay if the Prince should plight his Faith by Oath that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects this would signify nothing For they would soon tell him That (y) Bonâ—â—iâ—a de print pâ—aâ— Disp 3. q. 2. Contracts made against the Common Law are invalid though confirmed by Oath And That he is not bound to stand to his Promise though he had sworn to it And That Faith is no more to be kept with Hereticks than the Council of Constance would have it So that Protestants are to be burnt as Jo. Huss and Jerom of Prague were by that Council though the Emperor had given them his safe Conduct in that Solemn manner which could secure them only as they said from the Civil but not Church-Process which was the greatest For 't is their General Rule That Faith is either not to be given or not kept with Hereticks Therefore saith Simanca That Faith ingaged to Hereticks though confirmed by Oath is in no wise to be performed For saith he if Faith is not to be kept with Tyrants and Pirats and others who kill the Body much less with Hereticks who kill the Souls And that the Oath in favour of them is but Vinculum Iniquitatis A Bond of Iniquity Though Popish Princes the better to promote their Interest and to insnare the Protestant Subjects to get advantage upon them to their Ruin have made large Promises and plighted their Faith to them when they did not intend to keep it As the Emperor to John Huss and Jerom Charles the Ninth of France to his Protestant Subjects before the Massacre the Duke of Savoy to his Protestant Subjects before their designed Ruin and Queen Mary before her burning of them But if there were neither Law nor Conscience to hinder yet in point of Interest he must not shew favour to Hereticks without apparent hazard both (z) Parson ' s Philop. p. 109. of Crown and Life for he forfeits both if he doth The Pope every Year doth not only curse Hereticks but every Favourer of them from which none but himself can absolve (a) Becan Cont. Aug. p. 131 132. In Fowlis p. 60. Becanus very elegantly tells us If a Prince be a dull Cur and fly not upon Hereticks he is to