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A70272 A free discourse wherein the doctrines which make for tyranny are display'd the title of our rightful and lawful King William vindicated, and the unreasonableness and mischievous tendency of the odious distinction of a king de facto, and de jure, discover'd / by a Person of Honour. Person of honour.; Defoe, Daniel, 1661?-1731.; Howard, Robert, Sir, 1626-1698. 1697 (1697) Wing H2995A; ESTC R10075 41,911 132

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using the lawful means to free themselves from Oppression and Slavery When the Calvinists are charg'd with making God the Author of Sin they commonly answer that the Divine Decrees do indeed necessitate every Action taken materially not formally I acknowledge this Distinction to be an empty nominal distinction not containing any sound reason to invalidate the heavy charge brought against them But however it showes that the Men have some modesty for whatever may be the Consequence of their Doctrines which they pretend not to see they will not charge God so foolishly as to say in direct terms that he is the Author of Sin But the Defenders of the De facto Notion applied to King WILLIAM are not afraid to make God the Author of Usurpation They Blasphemously affirm That Allegiance is due not to legal Right only but to the Authority of God who sets up Kings without any regard to legal Right or humane Laws If there be any Doctrine which more than another deserves to be call'd a Doctrine of Devils it must be this which boldly flies in the Face of God himself and in downright terms proclaims that the Judge of all the World does wrong The publishing and defending such Notions as this naturally tends to promote all flagitious and unjust attempts and thereby to bring Confusion and Ruin upon a Nation The Great God has a just Authority over all Men for He made them they ought to obey him for his commands are just when he expostulates with Disobedient Sinners he appeals to them whether his Laws are not reasonable He gives none but reasonable commands but to obey Usurpers and Tyrants is not reasonable nor any command of his The success of Ambitious Usurpers is not promoted by any favourable assistance from Heaven but is only the consequence of the Wit Vigour and industry of those Usurpers the Almighty permiting and leaving the course of things to the force of Natural Causes It is a most impious thought to imagin that the Righteous God should require us to be aiding and assisting to wicked Usurpations It might as well be thought that he should bid us disobey lawful Powers as bid us to obey Usurpers In short even the De facto Men themselves have granted all this in their Discourses of God and Providence when they have not had a By-cause to serve What I have now mention'd and censur'd was all which for some while Envy and Ingratitude against our Glorious Deliverer and Rightful King could advance in behalf of that shameful Paradox which requires Allegiance to be paid to a successful Usurper a King DE FACTO who has no right to govern But when it was observ'd that neither our Law-Books nor Bibles by all the artful application of ill-affected Lawyers and Priests could be perswaded to spread a sheltring Umbrage over that shameful Paradox of theirs which the denial of King WILLIAM's Right forc'd them to devise some more refin'd Phoilosophers with a particular Court-like Address thought to save its Credit The Throne say they being fill'd no matter how we are protected by it and the benefit of Protection requires the reciprocal duty of Obedience By this one Argument they would have us believe that all Differences may be compromiz'd their Consciences sav'd and the Government in no danger But by their Favour tho' perhaps their Consciences may shift well enough come what will yet I think the Government cannot be safely ventur'd upon their gratitude we have had so many Plots and Trayterous Correspondencies of Discontented Men who were not only protected but some of them trusted and honour'd that there 's no avoiding such a suspicious thought But to speak close to their Argument They make possession of the Throne tho' obtain'd by bloody and violent Mischiefs the same thing as Protection to an Usurper's Administration they give the name of a Benefit and to such a Violent Benefit obtruded upon Men against their wills they would have Obedience paid as Duty More Absurdities cannot well be crowded into so few words A violent Possessour is like to give but an odd sort of Protection to them who do not uphold his violent Possession as far as they are able his dealing to all but the Friends of his Usurpation will look more like Tyranny than Protection and must more properly be called an Injury than a Benefit A violent Possessor does by his first unjust Violence a present great Injury to all them on whom he imposes his Yoke and how should they expect any future Benefit from him For by his Usurpation they are depriv'd of all Right to claim or expect it by any Obligation of Laws or claim of Justice what they shall chance to meet with of that kind they must have from his unconfin'd Will and arbitrary Power which is a very Capricious and Fortuitous thing Are we oblig'd to obey a Prince whom not our Law but his own Might advanc'd over us Then it must be his Might that obliges us and the Obedience which we pay is Obedience per Force Obedience falsly so call'd in truth it is no more Obedience than Possession is Protection and Governing us whither we will or no a Benefit true Obedience is from choice and always paid for real and valuable Considerations The due Allegiance of Subjects is paid for the Enjoyment of Life Liberty and Property defended by such Laws as the Subjects have consented to the Execution of which Laws is committed to his Trust who is by due Course of Law made their Governor under what high Character or Title soever He that is advanc'd to the Throne by due course of Law and Consent of the People becomes a King De Jure a Rightful and Lawful King and to him Obedience is really due for from his legal Possession we have a real and not an imaginary Benefit under his Government we have a Protection from certain and known Laws not from uncertain and unknown Will and Power From this plain and clear state of the Case it appears That our refin'd Philosophers in their neat Argument are guilty of a wilful or weak Mistake in putting one Word for another in calling violent Possession Protection an Injury a Benefit Suffering Obedience Whether I should call it a wilful or weak Mistake I know not for ' t is not plain to me which they value most their Wit or Honesty but a manifest Mistake it is and will not pass upon the Nation unless they who take such pains to dress things in Disguises had that Command in Rhetorical Sophistry which the old Declamators at Athens so valued themselves upon pretending to be able to make the worst Cause look well unless they could by artificial studied Words and Strains of Wit make the People esteem it as great a Benefit to live in the Apprehension and Expectation of being Slaves as in the Condition of Subjects unless they could by wheedling Amusements persuade them that their Lives Liberties and Properties are as safe under uncontrouled and Arbitrary Power
the Forces he brought over with him were proportion'd to the Design of Relief and Assistance not of Invasion and Conquest He took not on him the Administration of Affairs for a time but at the Request of the Lords Spiritual and Temporal assembled in the House of Lords and of those Parliament Men that had serv'd in the Reign of Charles II. being assembled in the House of Commons and at the meeting of the Convention he gave up that Trust which had been committed to him but for a time and and left it to the Convention to lay such a Foundation for the Security of their Religion Laws and Liberties as they themselves should think good It was never yet objected to him by his most inveterate Enemies that by any Acts of Force or Arts of Corruption he endeavour'd to work on the Members of either House to labour his own Advancement But that was the free Election of the Majority after long Debates and Consultations on other Expedients He did not lay violent hands on the Crown but only accepted it when offer'd and upon the Conditions offer'd with it It is a Truth undeniably manifest that King William did not purchase to himself the Title of a King by any Fact of his own save that by his Vertue and his Merit he recommended himself to the Community and their Choice it was that made him King that 's the Fact and Deed he claims by and 't is the most Righteous and Lawful that can be without a Miracle which I think the Jure Divino Doctors do not pretend that we ought to wait for that so we may have a lawful King The Election of the Prince of Orange to supply the Vacancy of the Throne gives him as Rightful and Lawful a Title as the Election of any Community ever gave to the first elected King There 's nothing in the nature of a King De Facto but King William has shown his abhorrence of it when he took the Oath together with the Crown offer'd him by the Scotch Commissioners he demurr'd at one dubious Expression and call'd Witnesses that he did not intend by it to oblige himself to be a Persecutor as if he had said He would not be obliged by any means to Govern in any Instances as a Tyrant he would be no other than a Legal King In short if the Choice of a People whose King has broke the Original Contract and will not govern by Law but be the Law himself or nothing if this Choice cannot create a Rightful and Lawful King then the Fault must be in the Office but if the Office has no Fault in it and it has none that I know of I am sure there is no Flaw in the present Possessor's Title It is impossible that every Member of the Community should be pleas'd with the Settlement of the Crown but if a Party think much to be concluded by the Votes of the Majority they ought to withdraw their Persons from this Kingdom thus setled contrary to their likings and seek out some Country where Government is model'd more to their Mind For while they stay here and question the Right of King William what do they but ridicule and reproach their own Act In their Supposition that they have set up a King DE FACTO and no more they suppose that they have given a Man Authority to play the Tyrant and do Mischief they suppose that they have made Slaves of themselves and given away their Liberties and Properties they suppose they have done all that against their own Interest which they were angry that the late King attempted to do They will never vindicate their Honour unless they renounce their Distinction which I have prov'd ill-grounded I will next show the mischievous Consequences of it The mischievous Consequences of it are these I. It lessens the Honour of the King This Distinction was reviv'd in the first Infancy of our present Settlement by some disappointed Persons who when they found they could not serve their turns of the Prince of Orange whom with humble Supplications they had call'd in to their rescue from Popery and Slavery nor prevent his Election to the Crown presum'd that they should take from him by Artifice that which was confirm'd upon him maugre all their Opposition by Law It would have pleas'd them well to have been screen'd from the Tyranny of King James and protected in their Tyranny over their Brethren but missing their point there they thought they might safely restore the Divine Right to their late King who could no longer hurt them and as for the new elected Successor who seem'd not made to serve their Party-interest before all things else he should be to them but as an Usurper not have more than the empty Name of a King De Facto and De Jure nick'd this Contrivance to an hair impair'd the Fame of their envied Deliverer and gave them the ravishing Hopes of having their old Master again upon their own Terms They could not have started had they studied for it a more mischievous Reproach than this against their generous Deliverer for thus they charg'd his honest and well aim'd Declarations with want of Truth and Sincerity they rob'd his heroick Actions of their Civic Garland they plunder'd his happy Successes of much of the just Welcom and Esteem which was due to them from every free-born English-man Every dissatisfied Person that reviles the King's Honour with this illegal De Facto Title Assassinates his glorious Fame and comes but little behind if he does not exceed nor equal a Granvil Friend or Perkins We have reason to believe that our glorious King William values his honourable Fame more than his Life his honourable Fame may last thro' many Ages his Life cannot the Nation indeed is most concern'd in his Life Posterity in his Fame But we ought to be tender of the last for they who hold him but a King De Facto appear by their common Discourses very tender even of the Fame of his murderous Assassines what little Stains a Brace of those Miscreants had contracted are thought to have been done away by a Triumvirate of Absolvers I should be glad to see that Affront to the Government reproved by other Arguments besides what our Reverend Teachers use The Vncanonicalness and Vnrubricalness of the bold Deed not but that it might be Uncanonical and Unrubrical too for ought I know but I will swear that the Publick Absolution of Traytors who are not pretended to have declar'd their Sorrow for that devillish Treason which brought them to the Gallows no not so much as in the Ear of the Absolver was a more impudent piece of Roguery than ever was committed by the Gown in the Face of the Sun with a Reverend Grace and Solemnity I am afraid I digress but I hope I am within the Purlues of the Forest. It is the Distinction of De Facto and De Jure which I am to arraign and I charge it to be Mischievous
because it lessens the Honour of the King it draws King WILLIAM's Picture too like that of King James there 's Difference enough let but an ordinary Painter have the Shadowing it between a Tyrant that will not be limited by Law and a Rightful King who pretends to no Power but what the Law gives him Between the sternness of the one awing the Poor Scholars of Maudlin and the Martial heat of the other forcing proud Boufflers out of Namur It ought not to be forgot that this DE FACTO injury to King WILLIAM's Honour is an instance of unparalell'd ingratitude for he ventur'd Life and Fortunes for the Deliverance of our enthrall'd Nation and that upon the humble requests of the Chief of those very Men who now requite him with this Wicked Shameful and Ingrateful Distinction One would think it was not politickly done of them as it is plain was not done honestly for who would serve their interest another time if this be their way of Testifying their Sense of the Obligation They are a Generation difficult and hard to be pleas'd and possibly it were easier to teach them their Duty and make them Subscribe to RIGHTFUL AND LAWFUL KING than to gratifie all their Pretensions for whether they know it or no the honest English Men who were enough to carry it for the Election of King WILLIAM to supply the vacant Throne are enough to defend his Right and establish his Throne maugre all their restless endeavours to supplant him II. As their malevolent distinction lessens the honour of the King so it weakens the Government Unto a King DE FACTO only there is no esteem no Thanks no Allegiance due We may admire a difficult and great Atchievment but it must be a Vertuous Honest and Beneficent which wins our Esteem and Love we must be the better for it if it deserves our thanks we must have paid our thanks in giving the Hero the Right of a King or he can have no just claim to our Allegiance Some Men teach and pretend the Authority of the Church of England for it but therein they wrong their holy Mother that Allegiance is due to successful Usurpers and that Providence together with success grants them that Authority which the People ought to obey for Conscience sake When an unhappy interest with-holds us from professing our assent to an evident Truth we are many times tempted to profess and defend an evident and shameful untruth So it is in the case before us The De facto Men refusing to own the rightful and lawful Title of King WILLIAM are forc'd to say that Allegiance is due to Usurpers for well they know should they pursue their Principle as far as it would carry them they could have no pretence at all to his protection besides open and declar'd enmity against the Government under King WILLIAM's Administration was too much in all conscience to be endur'd Hence they found it requisite to labour to perswade the King that they were oblig'd to obey him tho' he had no right to govern them 'T was a strange Paradox this so very strange that had they not been endued with the uncommon wit and bouldness of guilding and varnishing it at the expence of the honour of God Almighty they had made bold with the honour of the King to very little purpose But it is my business to wash off the guilt and varnish and show the odd Paradox naked that no Consciencious weak mind be cheated thereby hereafter They would perswade the King that they were oblig'd to obey him tho' he had no right to govern them This is pretended first to have been the Opinion of some of the best Lawyers of former days and Instance is offer'd in Sir Edw. Coke the Judges in Baggett's Case the Lord Chief Justice Hales and the Lord Chief Baron Bridgman But the Lord Chief Justice Hales for what he says quotes Sir Ed. Coke only against Sir Edw. Coke's Authority many things are obvious besides that it stands singly on Baggett's Case the Parliament Roll recited in that Case is pointed directly against what Sir Edw. Coke is suppos'd to have asserted Lord Chief Baron Bridgman has said nothing in favour but much against the Paradox For a fair and full illustration of these particulars I refer to the Review of Dr. Sherlock 's Case of Allegiance Printed in the Year 1691. As our Law is not chargeable with so foolish and unrighteous an injunction as that which requires obedience to Kings in possession Kings falsely so call'd who have no right to govern so much less is it to be defended from the words of Holy Scripture But as it sometimes happens in other Cases so in this where Men have the least reason for it there they put the greatest trust There is not a Text in the Bible which commands Obedience to Tyrants or Usurpers The Scope of the places and the evident reason of things all along evinces that the Kings Magistrates and other Superiours whom we are commanded to obey have a lawful Authority to govern Yet by artifice and dextrous shifting the Sails our De facto Men hope to weather the point Their method is to refer all events to the over-ruling disposals of Providence so as if Providence left nothing to the free will of Man Indeed if it were the positive Will of God that Ambitious Men should grasp Sceptres and Arbitrarily Lord it over cheated or conquer'd People then we ought to obey Tyrants and Usurpers for Conscience-sake but then the Argument would prove too much for such Ambitious Men being the Ministers of God's Providence and executing only what he would have them they ought not to be called Tyrants and Usurpers they have according to this reasoning from Providence a lawful Tittle But the Sophistry in this way of arguing from Providence is plainly discover'd and refuted by distinguishing between the Will and the Permission of God Almighty When those things that ought to be done and which are just and good are done then the Will of God is complied with when contrary things are done then the Will of God is resisted and oppos'd for as Dr. Sherlock has excellently observ'd We are to learn our duty from the law of God not from his Providence the Providence of God will never justify any action which his Law forbids Let me add nor can we without the highest impiety ascribe an unlawful action to his over-ruling influence he does not so much as give leave to the attempts of Ambitious Men he is not pleas'd with Usurpation and Tyranny and therefore it is impossible for him to require that Obedience be paid to Usurpers and Tyrants God for many wise Reasons permits the Affairs of the World to go on as they are mov'd by the force of Natural Causes thence it comes to pass that Craft and Cruelty often prevail over Right and Innocence But God has not made the misfortunes of honest Men their Duty neither Reason nor Revelation forecloses them from
forbid it they actually did use all Arts to make the People apprehend the sadness of their case and that the being without Priests was being without God in the World One Morning therefore they celebrated Mass they eat up all their Gods and concluded the Service without blessing the People But the Senate stood firm to their Order and the People were quiet and content to take care of their own Souls which so troubled these Holy Fathers that several alter'd their minds and were content to stay and do their Duties most of the Capuchins in the Territories of Berscia and Bergamo wisely consider'd that they could not live half so well without their Flock as their Flock without them therefore when they saw they could not help it they associated with the Senate and celebrated Divine Service as before notwithstanding the Pope's Interdict I will not say That every thing in this Story which relates to the Senate of Venice and their Clergy runs paralel with the Circumstances between the Government and our Clergy-dissenting-Associators but if any one shall say that there is no manner of Resemblance between the one and the other I must beg his Pardon What may or may not be fitly applied the Reader shall freely judge I will not labour to prepossess him with my Notions yet I will make bold to affix one Note to the Story and That 's this It was not with the Popish Religion nor its Ministers that the Senate had a Difference only this they firmly resolv'd that none should be Ministers of Religion for them that would not own that the Senate had a Rightful and Lawful Authority to govern the Republick by what Decrees they pleas'd without asking leave of the Pope The Readers Trouble shall be over when I have told him it is not the Church of England nor Ministers of the Church of England as such that I have here tax'd for I heartily and sincerely profess a profound Veneration to the Right Reverend Fathers in God my Lords the Archbishops and Bishops that are as faithful to his Majesty King WILLIAM and the Interest of their Country as Paolo Sarpio Veneto better known by the Name of Father Paul was to the Senate of Venice I highly esteem and regard all the inferior Clergy whose Honesty and Loyalty keeps even Paces with the House of Commons the Representatives of the People of England and equals them to those Venetian Ecclesiasticks who prefer'd the Decrees of the Senate their Lawful Governors before the Interdiction of their Holy Medling Spiritual Father the Pope POSTSCRIPT OF the Mischiefs which flow from the seditious Distinction of a King De Facto and De Jure there is no end as oft as I think of it new Instances of its Mischievousness occur to my mind For might not a French Commissioner at a Treaty of Peace from hence take occasion to argue after this manner As it was said in behalf of the Dutch when they first refus'd the Bank of England's Bills Why should they take them when the English among themselves would not So it may be said in behalf of the French King Why should he own King William for Rightful and Lawful King of England c. when so many of the Clergy enjoying their Tythes and Pulpits and not a few of the Laity in publick Office and Imployment will not Might not the Monsieur pursue the Raillery thus When the Government does not think fit to impose the Lawfulness of King William's Title on the Consciences of the Clergy and all other Officers and Magistrates commissionated by his Majesty why should it be impos'd on the Conscience of the French King who is none of King William's Subject but a Crown'd Head as well as himself I know not what could be reply'd to this argumentative Raillery which mingles Reason and Reproach together unless that English Subjects of all Orders and Degrees should be better taught their Duty for the future and then the French King would stand with us for nothing When once those wretched Inventions of Usurpation Conquest and Desertion Branches of the De Facto Doctrine are penally restrain'd as by English Law they might and ought to be there 's not a Clergyman of an hundred but shall justify the choice of the People and speak honourably of the Conventional Parliament there 's not a Lay-Magistrate but shall know under whom and for whom he was created and dare as well be as betray King William or his Country Let Clergy-men and Lay-men be compell'd to Associate in the Form of the House of Commons to defend their Rightful and Lawful King William and to revenge his untimely Death which God prevent and a very little compulsion will doe for the most backward of them are only a little Knavish or so not obstinate and there shall not be a Mercenary Villain found that will be hir'd to lift up a hand against him not a Crown'd nor Decrown'd Head so foolishly wicked as to go about to hire them Note That this should have been inserted among the Arguments which are offer'd against the Non-Associators who scruple the word Revenge A Parliament-Association with the Royal Assent is in all its Parts as Legal as any other Parliamentary Act with the same Royal Assent and if the Supream Authority of a Nation may decree what sort of Punishment they judge most proper to be inflicted on Thieves and Robbers House-breakers and Murderers nothing hinders but that they may decree what Punishments they please to be inflicted on those Treacherous Assassines that shall kill King William And if the Supream Authority of a Nation may lawfully Authorize all and every Person of the Nation to kill a mischievous Out-law where e're they find him no Reason can be giv'n why they may not Authorize all and every Person of the Nation to be reveng'd according to the utmost of their power of the Treacherous Assassines that shall kill King William It is the interest of the Nation that such Treacherous Assassines should not scape Vengeance it is therefore the prudence of the Parliament to Commission every particular Man against them FINIS Some Books sold by John Lawrence at the Angel in the Poultery THE Life of the Reverend Mr. Richard Baxter Published by Mr. Mathew Sylvester Folio Mr. Lorrimers Apology for the Ministers who Subscribed only to the Stating of Truths and Errors in Mr. William's Book in Answer to Mr. Trail's Letter 4 o Mr. Lorrimer's Remarks upon Mr. Goodwin's Discourse of the Gospel 4 o Dr. Burton's Discourses of Purity Charity Repentance and seeking first the Kingdom of God Published with a Preface by Dr. John Tillotson late Arch-Bishop of Canterbury In 8 o Bishop Wilkin's Discourse of Prayer and Preaching Mr. Adday's Stenographia Or the Art of Short-Writing Compleated in a far more Compendious way than any yet Extant 8 o Mr. Addy's Short-Hand Bible The London Dispensatory reduced to the Practice of the London Physitians wherein are contained the Medicines both Galenical and Chymical that are now in use those out of use omitted and those in use not in the Latin Copy here added By John Peachey of the College of Physitians London 12 o Atkin's English Grammer Or the English Tongue reduced to Grammatical Rules Composed for the use of Schools 8 o Cambridge Phrases for the use of Shools 8 o The Dying Man's Assistant Or Short Instructions for those who are concern'd in the Preparing of Sick Persons for Death Being also no less worthy the Consideration of all Good Christians in time of Health As shewing the Importance of an Early Preparation for their Latter End with regard as well to their Temporal as Eternal State 12 o Books sold by R. Baldwin near the Oxford-Arms in Warwick-Lane THE History of Religion Written by a Person of Quality 1694. A Twofold Vindication of the late Archbishop of Canterbury and of the Author of The History of Religion The first part defending the said Author against the Defamations of Mr. Fr. Atterbury's Sermon and both those eminent Persons against a Traiterous Libel titled The Charge of Socinianism against Dr. Tillotson consider'd In two Letters to the Honourable Sir R. H. The Second containing Remarks on the said Sermon and a Reply to the same Libel Wherein some Right is done to that great and good Man Dr. Tillotson in the Points of the Original of Sacrifices the Sacrifice of Christ Future Punishments c. and a Word in Defence of the Eminent Bishop of Salisbury By another Hand 1696. Twelve Dissertations out of Monfieur Le Clerk's Genesis Concerning I. The Hebrew Tongue II. The manner of Interpreting the Bible III. The Author of the Pentateuch IV. The Temptation of Eve by the Serpent V. The Flood VI. The Confusion of Languages VII The Original of Circumcision VIII The Divine Appearances in the Old Testament IX The Subversion of Sodom X. The Pillar of Salt XI The coming of Shiloh XII The several obscure Texts in Genesis Explain'd and illustrated Done out of Latin by Mr. Brown To To which is added a Dissertation concerning the Israelites Passage through the Red Sea By another Hand 1696. * Jovian