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
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
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
and future Times To which I could not but Reply That I begged their Pardon if I differed from them in Opinion and did believe that how honestly soever the House of Commons might intend in that matter yet that the point of Succession was so Sacred a thing and of so high a Nature that it was not subjected to their Cognizance That Monarchy was of Divine Right That Princes succeeded by Nature and Generation only and not by Authority Admission or Approbation of the People and consequently that neither the Merit or Demerit of their Persons nor the different influences from thence upon the People were to be respected or had in consideration but the Common-wealth ought to obey and Submit to the next Heir without any further Inquisition and if he proved a Worthy Vertuous and Just Prince it was a great Happiness if Unjust Barbarous and Tyrannical there was no other Remedy but Prayer Patience and an intire Submission to so difficult a Dispensation of Gods Providence I had no sooner ended my Discourse but one of the Gentlemen that was the most serious in the Company seeing me a Young Man gravely Replied That he could not but be extreamly concerned to hear that such pernicious Notions against all lawful Government had been taught in the World That he believed they were in me purely the Effects of an University-Education and that it had been my Misfortune to have had a very high Church-man for my Tutor who had endeavoured as it was their constant Practice to all Young Gentlemen under their Care to debauch me with such Principles as would enslave my mind to their Hierarchy and the Monarchical part of the Government without any Regard at all to the Aristocratical and Popular and that fat Parsonages Prebendships Deanaries and Episcopal Sees were the certain and constant Rewards of such Services That the Place we were in was a little too Publick for Discourses of this Nature but if I would accept of a Bottle of Wine at the next Tavern he would undertake to give me juster measures adding it was pity so hopeful a Gentleman should be tainted with bad Principles My Friend coming in at the same Time proved to be one of their particular Acquaintance and both he and I readily complied with so generous a motion We had no sooner drank a Glass round but the Old Gentleman was pleased to renew his Discourse and said it was undoubtedly true that the inclination of Mankind to live in Company from whence come Towns Cities and Common-wealths did proceed of Nature and consequently of God the Author of Nature So likewise Government and the Jurisdiction of Magistrates in general which does necessarily flow from the living together in Society is also of Nature and ordained by God for the common Good of Mankind but that the particular Species and Forms of this or that Government in this or that manner To have many few or one Governour or that they should have this or that Authority more or less for a longer or a shorter time or whether ordinarily by Succession or by Election All these things he said are Ordained and Diversified by the particular positive Laws of every Country and are not Establish'd either by Law Natural or Divine but left by God unto every Nation and Country to pitch upon what Form of Government they shall think most proper to promote the common good of the whole and best adapted to the Natures Constitutions and other Circumstances of the People which accordingly for the same Reasons may be altered or amended in any of its parts by the mutual Consent of the Governours and Governed whenever they shall see reasonable cause so to do all which appears plainly both from the diversity of Governments extant in the World and by the same Nations living sometimes under one sort of Government and sometimes under another So we see God himself permitted his peculiar People the Jews to live under divers Forms of Government as First under Patriarchs then under Captains then under Judges then under High-Priests next under Kings and then under Captains and High-Priests again until they were conquered by the Romans who themselves also first lived under Kings and then Consuls whose Authority they afterwards limitted by a Senate by adding Tribunes of the People and in extraordinary Emergencies of the Commonwealth they were governed by Dictators and last of all by Emperors So that it 's plain no Magistrate has his particular Government or an Interest of Succession in it by any Institution of Nature but only by the particular Constitution of the Commonwealth within it self And as the kinds of Government are different so also are the measures of Power and Authority in the same kind in different Countries I shall begin said he with that of the Roman Empire which though it be the first in Dignity among Christian Princes yet it is so restrained and limited by the particular Laws of the Empire that he can do much less in his State than other Kings in theirs He can neither make War nor exact any Contribution of Men or Money but by the Consent of all the States of the German Diet And as for his Children and Relations they have no Interest or Pretence to succeed but only by Election if they shall be thought worthy Nay the chiefest Article the Emperour swears to keep at his Admission to that Honour is That he shall never endeavour to make the Dignity of the Empire Hereditary to his Family In Spain and in France the Priviledges of Kings are much more eminent both in Power and Succession their Authority is more absolute every Order of theirs having the Validity of a Law and their next of Bloud does ordinarily inherit though in a different manner In Spain the next Heir cannot succeed but by the Approbation of the Nobility Bishops and States of the Realm In France the Women are not admitted to succeed let them be never so lineally descended In England our Kings are much more limited and confined in their Power than either of the two former for here no Law can be made but by Consent and Authority of Parliament and as to the Point of Succession the next of kin is admitted unless in extraordinary Cases and when important Reason of State require an Alteration And then the Parliaments of England according to the ancient Laws and Statutes of the Realm have frequently directed and appointed the Succession of the Crown in other manner than in course it would have gone of which I shall give you some Examples in Order But first let us look abroad and see how things have been carried as to this Point in other Countries Amongst the Jews the Law of Succession did ordinarily hold and accordingly Rehoboam the Lawful Son and Heir of Solomon after his Fathers Decease went to Sichem to be crowned and admitted by the People and the whole Body of the People of Israel being there gathered together did before they would admit him their lawful
that I disown and renounce all such Principles Doctrins or Practices whether Popish or Fanatical which are contrary unto and inconsistent with the said Protestant Religion and Confession of Faith And for testification of my obedience to my most gracious Soveraign Charles the II. I do affirm and swear by this my solemn Oath that the Kings Majesty is the only Supreme Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil And that no Foreign Prince Person Pope Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminency or Authority Ecclesiastical or Civil 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 Kings Majesty his Heirs and lawful Successors and to my power shall assist and defend all Rights Jurisdictions Prerogatives Priviledges Preferments and Authorities belonging to the Kings Majesty his Heirs and lawful Successors And I further affirm and swear by this my solemn Oath That I judge it unlawful for Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Covenants or Leagues or to Gonvocate Conveen or Assemble in any Councils Conventions or Assemblies to Treat Consult or Determine in any matter of State Civil or Ecclesiastick without His Majesties special Command or Express License had thereto or to take up Arms against the King or these Commissionate by him And that I shall never so rise in Arms or enter into such Covenants or Assemblies And that there lies no obligation on me from the National Covenant or the Solemn Leagâ—e and Covenant commonly so called or any other manner of way whatsoever to endeavour any Change or Alteration in the Government either in Church or State as it is now established by the Laws of this Kingdome And I Promise and Swear That I shall with my utmost power Defend Assist and Maintain His Majesties Jurisdiction foresaid against all deadly And I shall never decline His Majesties Power and Jurisdiction as I shall answer to God And finally I affirm and swear That this my solemn Oath is given in the plain genuine sense and meaning of the words without any equivocation mental reservation or any manner of evasion whatsoever and that I shall not accept or use any dispensation from any creature whatsoever So help ne God The Bishop of Aberdeen and the Synods Explanation of the Test WE do not hereby swear to all the particular Assertions and Expressions of the Confession of Faith mentioned in the Test but only to the uniform Doctrine of the Reformed Churches contained therein II. We do not hereby prejudge the Churches Right to and Power of making any alteration in the said Confession as to the ambiguity and obscure expressions thereof or of making a more unexceptionable frame III. When we swear That the King is Supreme Governour over all Persons and in all Causes as well Ecclesiastick as Civil and when we swear to assert and defend all His Majesties Rights and Prerogatives this is reserving always the intrinsick unalterable power of the Church immediately derived from Jesus Christ to wit the power of the Keys consisting in the preaching of the Word administration of the Sacraments ordaining of Pastors exercise of Discipline and the holding of such Assemblies as are necessary for preservation of Peace and Vnity Truth and Purity in the Church and withal we do hereby think that the King has a power to alter the Government of the Church at his pleasure IV. When we swear That it is unlawful for Subjects to meet or convene to treat or consult c. about matters of State Civil and Ecclesiastick this is excepting meetings for Ordination publick Worship and Discipline and such meetings as are necessary for the conservation of the Church and true Protestant Religion V. When we swear There lies no obligation on us c. to endeavour any change or alteration in Government either in Church or State we mean by Arms or any seditious way VI. When we swear That we take the Test in the plain and genuine sense of the words c. we understand it only in so far as it does not contradict these Exceptions The Explanation of the Test by the Synod and Clergy of Perth BEcause our Consciences require the publishing and declaring of that express meaning we have in taking the Test that we be not mis-interpreted to swear it in these glosses which men uncharitable to it and enemies to us are apt to put upon it and because some men ill affected to the Government who are daily broachers of odious and calumnious Slanders against our Persons and Ministry are apt to deduce inferences and conclusions from the alledged ambiguity of some Propositions of the Test that we charitably and firmly do believe were never intended by the Imposers nor received by the Takers Therefore to satisfie our Consciences and to save our Credit from these unjust imputations we expressly declare That we swear the Test in this following meaning I. By taking the Test we do not swear to every Proposition and Clause contained in the Confession of Faith but only to the true Protestant Religion founded upon the Word of God contained in that Confession as it is opposed to Popery and Fanaticism II. By swearing the Ecclesiastick Supremacy we swear it as we have done formerly without any reference to the assertory Act. We also reserve intire unto the Church it s own intrinsick and unalterable power of the Keys as it was exercised by the Apostles and the pure primitive Church for the first three Centuries III. By swearing That it is unlawful to Convocate convene or assemble in any Council Conventions or Assemblies to treat consult c. in any matter of State Civil or Ecclesiastick as we do not evacuate our natural Liberty whereby we are in freedom innocently without reflection upon or derogating to Authority or persons intrusted with it to discourse in any occasional meeting of these things so we exclude not those other meetings which are necessary for the well-being and Discipline of the Church IV. By our swearing it unlawful to endeavour any change or alteration in the Government either of Church or State we mean that it is unlawful for us to endeavour the alteration of the specifick Government of Monarchy in the true and lineal Descent and Episcopacy V. When we swear in the genuine and literal sense c. we understand it so far as it is not opposite or contradictory to the foresaid exceptions They were allowed to insert after the Oath before their Subscriptions these words or to this purpose We under-written do take this Oath according to the Explanation made by the Council approved by His Majesties Letter and we declare we are no further bound by this Oath EDINBVRGH The sederunt of the Council Sederunt vigesimo secundo Die Septembris 1681. His Royal
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely 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 23. 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 Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith 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 leaves 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 is 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 Mens Lands to be already Butted and Bounded when it forbids removing the antient 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 Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives 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. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop 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 Archbishop 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 adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted 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 Archbishop 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 impowr'd 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 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. 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 murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Good and Faithful Subjects to Us and our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all intents and purposes making void all Prohibitions therein mentioned pains or penalties therein ordain'd to be Inflicted so that they shall in all things be as free in all Respects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is our Will and Pleasure and we do hereby command all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of our good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid Cass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in our said Kingdom or enjoy their Hereditary Right and Priviledges discharging the same to be taken or given in any time coming without Our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect We do by Our Royal Authority aforesaid Stop Disable and Dispense with all Laws enjoyning the said Oaths Tests or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescrib'd and all others as well not mentioned as mentioned and that in place of them all our good Subjects or such of them as We or our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose His Authority to His Person as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain Him His Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or our Council Actions done or generally any thing perform'd or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murthers Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And We command and require all Our Judges or others concerned to explain this in the most ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present providing also that they Reveal to any of Our Council the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their Respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer Violence to be offered to any Man's Conscience nor will We use Force or Invincible Necessity against any Man on the account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Minsters in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their
meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one point that either with relation to Religion or Politicks affords a greater variety of matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige Parliaments to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's Suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has cloathed him with a vast Prerogative and made it unlawful on any pretence whatsoever to resist him whereas on the other hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can either be made repealed or which is all one suspended but by their consent so that the placing this Legislative Power singly in the King is a subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems indispensable it is in those Oaths of Allegiance and Tests that are thought necessary to Qualifie men either to be admitted to enjoy the protection of the Law or to bear a share in the Government for in these the Security of the Government is chiefly concerned and therefore the total Extinction of these as it is not only a Suspension of of them but a plain repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the protection of the State by the Oath of Allegiance and for a share in the places of Trust by the Tests is now pluckt up by the roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any persons whatsoever for it is plain that this is no Suspension of the Law but a formal repeal of it in as plain words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie forgotten among the rest and there is a scurvy Paragraph in it concerning self-Preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has markt either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash but to make the most that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of Extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of men have been disabled from all Imployments that a Prince who at his Coronation Swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Poscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abbey Lands as other Lands but the chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained and to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them as for the Abbey Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a mortal Sin and there can no Absolution be given to any who continue in it and so this Promise being an Obligation to maintain men in a mortal Sin is nul and void of it self Church-Lands are also according to the Doctrine of their Canonists so immediately God's Right that the the Pope himself is the only Administrator and Dispencer but is not the master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation for there is nothing how impudent and base soever of which the abject flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of flattery among the Romans that Tacitus sets forth with so much just scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomeness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery but though he lived four
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
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
given to his Declaration and to what he hath since the Emission of it repeated both in his Speech to Mr. Penn and in his Letter to Mr. Alsop And to omit many other Instances of his kindness and Benignity to the Fanaticks whom he now so much hugs and caresseth it may not be amiss to remember them and all other Protestants of that barbarous and illegal Commission issued forth by the Council of Scotland while he as the late King 's High Commissioner had the Management of the Affairs of that Kingdom by which every Military Officer that had command over twelve Men was impower'd to impannel Juries Try Condemn and cause to be put to Death not only those who should be found to disclaim the King's Authority but such as should refuse to acknowledge the King 's new modelled Supremacy over that Church in the pursuance and Execution of which Commission some were Shot to Death others were Hang'd or Drowned and this not only during the Continuance of the Reign of his late Majesty but for above a Year and a half after the present King came to the Crown But what need is there of insisting upon such little Particulars wherein he was at all times ready to express his Malice to Protestants seeing we have not only Dr. Oates's Testimony and that of divers others but most Authentick Proofs from Mr. Coleman's Letters of his having been in a Conspiracy several Years for the Subversion of our Religion upon the meritorious and sanctified Motive of extirpating the Northern Heresie Of which beside all the Evidence that four Successive Parliaments arrived at I know several who since the Duke of York ascended the Throne have had it confirmed unto them by divers Foreign Papists that were less reserved or more ingenuous than many of that Communion use to be To question the Existence of that Plot and his present Majesties having been Accessary unto and in the Head of it argues a strange Effrontery and Impudence through casting an Aspersion of Weakness Folly and Injustice not only upon those Three Parliaments that seem'd to have retained some Zeal for English Liberties but by fastening the same Imputations upon the Long Parliament which had shewed it self at all times more Obsequious to the Will of the Court than was either for their own Honor or the Safety and Interest of the Kingdom and who had expressed a Veneration for the Royal Family that approached too much upon a degree of Idolatry Whosoever considers that Train of Counsels wherein the King was many Years engaged and whereof we felt the woful Effects in the Burning of London the frequent Prorogation and Dissolution of Parliaments the widening and exasperating Differences among Protestants the stirring up and provoking Civil Magistrates and Ecclesiastical Courts to persecute Dissenters and the maintaining Correspondencies with the Pope and Catholick Princes abroad to the dishonor of the Nation and danger of our Laws and Religion cannot avoid being apprehensive what we are now to look for at his Hands nor can be escape thinking that he esteems his Advancement to the Crown both a Reward from Heaven for what he hath done and plotted against these three Kingdoms and an Opportunity and Advantage administred to him for the Perfecting and Accomplishment of all those Designs with which he hath been so long Bigg and in Travel for the Destruction of our Religion the Subversion of our Laws and the Re-establishment of Popery in these Dominions The Conduct and Guidance under which His Majesty hath put himself and the fiery Temper of that Order to whose Government he hath resigned his Conscience may greatly add to our Fears and give us all the Jealousie and Dread that we are capable of being impressed with in reference to Matters to come that there is nothing which can be Fatal to our Religion or Persons that we may not expect the being called to conflict with and suffer For tho most of the Popish Ecclesiasticks especially the Regulars bear an inveterate Malice to Protestants and hold themselves under indispensible Obligations of eradicating whatsoever their Church stiles Heresie and have accordingly been always forward to stir up and provoke Rulers to the use and Application of Force for the Destruction of Protestants as a Company of perverse and obstinate Hereticks adjudged and condemned to the Stake and Gibbet by the infallible Chair yet of all Men in the Communion of the Romish Church and of their Religious Orders the Jesuits are they who do most hate us and whose Counsels have been most Sanguinary and always tending to influence those Monarchs whose Consciences they have had the guiding and conducting of to the utmost Cruelties and Barbarities towards us What our Brethren have had measured out to them in France through Father de la Chaise's Influence upon that King and through the bewitching Power and Domination he hath over him in the quality of his Confessor and as having the Direction of his Conscience may very well alarm and inform us what we ought to expect from His Majesty of Great Britain who hath surrendered his Conscience to the Guidance of Father Peters a Person of the same Order and of the like mischievous and bloody Disposition that the former is 'T is well observed by the Author of the Reasons against Repealing the Acts of Parliament concerning the Test that Cardinal Howard's being of such a meek and gentle Temper that is able to withstand the Malignity of his Religion and to preserve him from concurring in those mischievous Counsels which his Purple might seem to oblige him unto is the reason of his being shut out from Acquaintance with and Interest in the English Affairs transacted at Rome and that whatsoever his Majesty hath to do in that Court is managed by his Ambassador under the sole Direction of the Jesuits So that it is not without cause that the Jesuit of Liege in his intercepted and lately printed Letter tells a Brother of the Order what a wonderful Veneration the King hath for the Society and with what profound Submission he receives those Reverend Fathers and hearkens to whatsoever they represent Nor is His Majesty's being under the Influence of the Jesuits through having one of them for his Confessor and several of them for his Chief Counsellors and principal Confidents the only thing in this Matter that awakens our Fear in what we are to expect from his armed Power excited and stir'd up by that fiery Tribe but there is another Ground why we ought more especially to dread him and that is his being entred and enrolled into the Order and become a Member of the Society whereby he is brought into a greater Subjection and Dependence upon them and stands bound by Ties and Engagements of being obedient to the Commands of the General of the Jesuits and that not only in Spirituals but in whatsoever they shall pretend to be subservient to the Exaltation of the Church and for upholding the Glory of the Tripple Crown This
recommended to the Favor of the two Royal Brothers Nor is it unworthy of Observation that some of the most virulent Writers against Liberty of Conscience and others of the most fierce Instigators to the persecuting Dissenters among whom we may reckon Parker Bishop of Oxford and Cartwright Bishop of Chester are since Addressing for the Declaration of Indulgence became the means of being graciously look'd upon at Whitehall turned forward Promoters of it tho their Success in their Diocesses with their Clergy hath not answered their Expectations and Endeavors For as these two Mytred Gentlemen will fall in with and justifie whatsoever the King hath a mind to do if they may but keep their Seas and enjoy their Revenues which I dare say that rather than lose they will subscribe not only to the Tridentine Faith but to the Alcoran so it is most certain that they two as well as the Bishop of Durham have promised to turn Roman Catholicks and that as Crew hath been several times seen assisting at the Celebration of the Mass and that as Cartwright paid a particular respect to the Nuncie at his solemn Entrance at Windsor which some Temporal Lords had so much Conscience and Honor as to scorn to do so the Author of the Liege Letter tells us that Parker not only extremely favors Popery but that he brands in a manner all such for Atheists who continue to plead for the Protestant Religion 'T is an Act of the same Candor and good Nature in the King with the former and another Royal Effect of his Princely Breeding as well as of his Gratitude when he Endeavors to cast a farther Odium upon the Church of England and to exasperate the Dissenters against her by saying in the forementioned Letter to Mr. Alsop That the reason why the Dissenters enjoyed not Liberty sooner is wholly owing to the Sollicitation of the Conforming Clergy whereas many of the learned and sober Men of the Church of England could have been contented that the Non-conforming Protestants should have had Liberty long ago provided it had been granted in a legal way and the chief Executioners of Severity upon them were such of all Ranks Orders and Stations as the Court both set on and rewarded for it 'T is not their Brethrens having Liberty that displeaseth modest and good Men of the Church of England but 't is the having it in the virtue of an Usurped Prerogative over the Laws of the Land and to the shaking all the legal Foundations of the Protestant Religion it self in the Kingdom And had the Declaration of Indulgence imported only an Exemption of Dissenters and Papists from Rigors and Penalties I know very few that would have been displeased at it but the extending it to the removing all the Fences about the Reformed Doctrine and Worship and laying us open both to the tyranny of Papists and the being overflowed with a deluge of their Superstitions and Idolatries as well as the designing it for a means to overthrow the established Church is that which no wise Dissenter no more than a conformable man knows how to digest For I am not of Sir R. L'Estrange's mind who after he hath been writing for many years against Dissenters with all the venom and malice imaginable and to disprove the wisdom justice and convenience of granting them liberty hath now the impudence to publish that whatsoever he formerly wrote bears an exact conformity to the present Resolutions of State Pref. to his Hist of the Times p. 8. in that the liberty now vouchsafed is an Act of Grace issuing from the supreme Magistrate and not a claim of Right in the people And as to recited expressions of the King they are only a papal trick whereby to keep up heats and animosities among Protestants when both the inward heats of men are much allay'd and the external provocations to them are wholly removed and they are merely Jesuitick methods by which our hatred of one another may be maintain'd tho the Laws enabling one party to persecute the other which was the chief spring of all our mutual rancor and bitterness be suspended It would be the sport and glory of the Ignatian Order to be able to make the disabling of penal Laws as effectual to the supporting differences among Protestants as the enacting and rigorous execution of them was to the first raising and the continuing them afterwards for many years And if the foregoing Topicks can furnish the King arguments whereby to reproach the Ch. of England when he thinks it seasonable and for the interest of Rome to be angry with them I dare affirm he will never want pretences of being discontented with and of aspersing Fanaticks when he finds the doing so to be for the service of the papal cause And if the forementioned instances of his Majesty's behaviour to the Ch. of England to which he stands so superlatively obliged be neither testimonies of his Ingenuity evidences of his Gratitude nor effects of common much less royal Justice yet what remains to be intimated does carry more visible marks of his malice and design both against the legally established Church and our Religion For not being satisfied with the suspension of all those Laws by which Protestants and they of the national Communion might seem to be injurious to Papists in their Persons and Estates such as the Laws which make those who shall be found to have taken Orders in the Ch. of Rome obnoxious to death or those other Statutes by which the King hath Power and Authority for levying two thirds of their Estates that shall be convicted of Recusancy but by an usurped Prerogative and an absolute Power he is pleased to suspend all the Laws by which they were only disabled from hurting us thro standing precluded from places of Power and Trust in the Government So that the whole security we have in time to come for our Religion depends upon the temperate disposition and good nature of those Roman Catholicks that shall be advanced to Offices and Employments and does no longer bear upon the protection and support of the Law and I think we have not had that experience of grace and favour from Papists as may give us just confidence of fair and candid treatment from them for the future Now that we may be the better convinced how little security we have from his Majesty's promise in his Declaration of his protecting the Archbishops Bishops and Clergy and all other his Subjects of the Church of England in the free exercise of their Religion as by Law established and in the quiet and full enjoyment of their poffessions without any molestation or disturbance whatsoever which is all the Tenour that is left us 't is not unworthy of observation how that beside the suspending the Bishop of London ab Officio and the Vice-Chancellor of Cambridge both ab Officio and Beneficio and this not only for Actions which the Laws of God and the Kingdom make their duty but
that upon pretended Occasions arising from the Abuse of this Indulgence or for some alledged Crimes wherein they and all other Protestants are to be involved tho their supineness and excess of Loyalty continue to be their greatest Offences this Liberty will not only be withdrawn and the old Church of England Severities revived but some of the new à là mode à France Treatments come upon the Stage and be pursued against them and all other perverse and obstinate British Hereticks The Declaration for Liberty of Conscience being injurious to the Church of England and not proceeding from any inward and real good Will to the Dissenters it will be worth our pains to inquire into and make a more ample Deduction of the Reasons upon which it was granted that the Grounds of emitting it being laid under every Man's view they who have Addressed may come to be asham'd of their Simplicity and Folly they who have not may be farther confirm'd both of the Unlawfulness and Inconveniency of doing it and that all who preserve any regard to the Protestant Religion and the Laws of England may be quickened to the use of all legal and due means for preventing the mischievous Effects which it is shapen for and which the Papists do promise themselves from it The Motives upon which His Majesty published the Declaration may be reduced to three of which as I have already made some mention so I shall now place every one of them in its several and proper light and give such Proofs and Evidence of their being the great and sole Inducements for the Emitting of it that no rational Man shall be able henceforth to make a doubt of it The first is the King's winding himself into a Supremacy and Absoluteness over the Law and the getting it acknowledged and calmly submitted unto and acquiesced in by the Subjects The Monarchies being Legal and not Despotical bounded and regulated by Laws and not to be exercised according to mere Will and Pleasure was that which he could not digest the thoughts of when a Subject and had been heard to say That he had rather Reign a day in that Absoluteness that the French King doth than an Age tied up and restrained by Rules as his Brother did And therefore to perswade the Prince of Orange to approve what he had done in dispensing with the Laws and to obtain him and the Princess to joyn with His Majesty and to employ their Interest in the Kingdom for the Repealing the Test Acts and the many other Statutes made against Roman Catholicks he used this Argument in a Message he sent to their Royal Highnesses upon that Errand that the getting it done would be greatly to the Advantage and for the increase of the Prerogative but this these two noble Princes of whose Ascent to the Throne all Protestants have so near and comfortable a Prospect were too Generous as well as Wise to be wheedled with as knowing that the Authority of the Kings and Queens of England is great enough by the Rules of the Constitution without grasping at a new Prerogative Power which as the Laws have not vested in them so it would be of no use but to inable them to do hurt And indeed it is more necessary both for the Honor and Safety of the Monarch and for the Freedom and Security of the People that the Prerogative should be confined within its ancient and legal Channels than be left to that illimited and unbounded Latitude which the late King and his present Majesty have endeavored to advance and screw it up unto That both the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are calculated for raising the Sovereign Authority to a transcendent Power over the Laws of the two Kingdoms may be demonstrated from the Papers themselves which lay the Dispensing Power before us in terms that import no less than his Majesty's standing Free and absolved from all Ties and Restraints and his being cloathed with a Right of doing whatsoever he will For if the Stile of Royal Pleasure to suspend the Execution of such and such Laws and to forbid such and such Oaths to be required to be taken and this in the virtue of no Authority declared by the Laws to be resident in his Majesty but in the virtue of a certain vagrant and indeterminate thing called Royal Prerogative as the Power exercised in the English Declaration is worded and expressed be not enough to enlighten us sufficiently in the matter before us the Stile of Absolute Power which all the Subjects are to obey without reserve whereby the King is pleased to chalk before us the Authority exerted in the Scots Proclamation for the stopping disabling and dispensing with such and such Laws as are there referred unto and for the granting the Toleration with the other Liberties Immunities and Rights there mentioned is more than sufficient to set the Point we are discoursing beyond all possibility of rational controll As 't is one and the same Kind of Authority that is claimed over the Laws and Subjects of both Kingdoms tho for some certain reasons it be more modestly designed and expressed in the Declaration for a Liberty in England that it is in the Proclamation for a Toleration in Scotland so the utmost that the Czar of Mosco the great Mogul or the Turkish Sultan ever challenged over their respective Dominions amounts only to an Absolute Power which the King both owns the Exertion of and makes it the Fountain of all the Royal Acts exercised in the forementioned Papers And as the improving this challenged Absolute Power into an Obligation upon the Subjects to obey his Majesty without reserve is a Paraphrase upon Despotical Dominion and an advancing it to a Pitch above what any of the Ancient or Modern Tyrants ever dream'd of and beyond what the most servile part of Mankind was ever acquainted with till the present French King gave an Instance of it in making his mere Will and pleasure to be the Ground and Argument upon which his Reformed Subjects were to renounce their Religion and to turn Roman Catholicks so it is worth considering whether His Majesty who glories to imitate that Foreign Monarch may not in a little time make the like Application of this Absolute Power which his Subjects are bound to obey without reserve and whether in that case they who have Addressed to thank him for his Declaration and thereby justified the Claim of this Absolute Power being that upon which the Declaration is superstructed and from which it emergeth can avoid paying the Obedience that is demanded as a Duty in the Subject inseparably annexed thereunto That which more confirms us that the English Declaration and the Scots Proclamation are not only designed for the obtaining from the Subjects an Acknowledgment of an Absolute Power vested in the King but that no less than the Usurpation and Exercise of such a Power can warrant and support them are
the many Laws and Rights which a Jurisdiction is challenged over and exerted in reference unto in the Papers stiled by the forementioned Names All confess a Royal Prerogative settled on the Crown and appertaining to the Royal Office nor can the Supreme Magistrate be executed and discharged to the Advantage and Safety of the Community without a Power affixed unto it of superceding the Execution of some Laws at certain Junctures nor without having an Authority over the Rights of particular Men in some incident cases but then the received Customs of the respective Nations and the universal Good Preservation and Safety of the People in general are the Measures by which this Prerogative in the Crown is to be regulated and beyond which to apply or exert it is an Usurpation and Tyranny in the Ruler All the Power belonging to the Kings and Queens of England and Scotland ariseth from an Agreement and Concession of the People wherein it is stipulated what Rights Liberties and Privileges they reserved unto themselves and what Authority and Jurisdiction they delegated and made over unto the Sovereign in order to his being in a Condition to protect and defend them and that they may the better live in Peace Freedom and Safety which are the Ends for which they have chosen Kings to be over them and for the compassing whereof they originally submitted unto and pitched upon such a Form of Civil Administration Nor are the Opinions of particular Men of what Rank or Order soever they be to be admitted as an Exposition of the Extent of this Prerogative seeing they through their Dependencies upon the King and their Obnoxiousness to be influenced by selfish and personal Ends may enlarge it beyond what is for the Benefit of the Community but the immemorial course of Administration with the Sense of the whole Society signified by their Representatives in Parliament upon emerging Occasions are to be taken for the Sense Paraphrase and Declaration of the Limits of this Royal and Prerogative Power and for any to determine the Bounds of it from the Testimonies of Mercenary Lawyers or Sycophant Clergy-men in Cases wherein the Parliament have by their Votes and Resolutions settled its Boundaries is a Crime that deserves the severest Animadversion and which it is to be hoped a true English Parliament will not let pass unpunished Now a Power arising from Royal Prerogative to suspend and disable a great number of Laws at once and they of such a Nature and Tendency as the great Security of the People consists in their being maintained and which the whole Community represented in Parliaments have often disallowed and made void Princes meddling with so as to interrupt their Execution and Course is so far from being a Right inherent in the Crown that the very pretending unto it is a changing of the Government and an overthrowing of the Constitution De Laudib Leg. Angl. c. 9. Fortescue says That Rex Angliae populum Gubernat non merâ potestate Regiâ sed politicâ quia populus iis legibus gubernatur quas ipse fert the King of England doth not so properly Govern by a Power that is Regal as by a Power that is Political in that he is bound to Rule by the Laws which the People themselves chuse and enact And both Bracton and Fleta tell us Bract. l. 2. c. 16. Flet. l. 2. c. 17. That Rex Angliae habet superiores viz. legem per quam factus est Rex ac Comites Barones qui debent ei fraenum ponere the King of England hath for Superiors both the Law by which he is constituted King and which is the measure of his Governing Power and the Parliament which is to restrain him if he do amiss And thereupon we have not only that other Saying of Bracton Lib. 3. cap. 9. That Nihil aliud potest Rex nisi id solum quod jure potest The King can do nothing but what he can do by Law But we have that Famous Passage in our Parliament Rolls Rot. Parl. 7. Hen. 4. Num. 59 Non est ulla Regis prerogativa quae ex justitia aequitate quicquam derogat That there is no Prerogative belongs to the King by which he can decline from acting according to Law and Justice So careful were our Ancestors both in England and Scotland to preserve their Laws from being invaded and superceded by their Kings that they have not only by divers Parliamentary Votes and Resolutions and by several Statutes declared all Dispensations by the King from Laws and enjoyned Oaths to be null and void and not admittable by the Judges or other Executors of Law and Justice but they have often Impeached Arraigned and Condemned those to one Penalty or another that have been found to have counselled and advised Kings to an Usurpation of Power over the Laws and to a Violation of established and enacted Rules It would draw this Discourse to a length beyond what is intended should I mention the several Laws against Papists as well as against Dissenters that are suspended stop'd disabled and dispensed with in the two fore-mentioned Royal Papers and it would be an extending it much more should I make the several Reflections that the matter is capable of and which a Person of a very ordinary Understanding cannot be greatly to seek for I shall therefore only take notice of two or three Efforts which occur there of this Royal Prerogative and Absolute Power which as they are very bold and ample Exertions of them for the first time so should the next Exercises of them be proportionable there will be nothing left us of the Protestant Religion or of English Liberties and we must be contented to be Papists and Slaves or else to stand adjudged to Tyburn and Smithfield One is the Suspending the Laws which enjoyn the Oaths of Allegiance and Supremacy and the prohibiting that these Oaths be at any time hereafter required to be taken by which single Exercise of Royal Prerogative and Absolute Power the two Kingdoms are not only again subjected to a Foreign furisdiction the Miseries whereof they groaned under for several Ages but as the King is hereby deprived of the greatest Security he had from his Subjects both to himself and the Government so the Crown is rob'd of one of its chiefest Jewels namely an Authority over all the Subjects which was thought so essential to Sovereignty and Royal Dignity that it was annexed to the Imperial Crown of England and adjudged inherent in the Monarch before the Reformed Religion came to be received and established And it concerns their Royal Highnesses of Orange to whom the Right of succeeding to the Crown of Great Britain unquestionably belongs to consider whether his Majesty may not by the same Authority whereby he alienates and gives away so considerable and inherent a Branch of the Royal Jurisdiction transfer the Succession it self and dispose the Inheritance of the Crown to whom he pleaseth Nor will they
of his Understanding fully declares it However here is such a stroke and exercise of Absolute power as Dissolves the Government and brings us all into a State of Nature by discharging us from the ties which by virtue of Fundamental Stipulations and Statute Laws we formerly lay under forasmuch as we know no King but a King by Law nor no Power he hath but a legal Power Which through disclaiming by a challenge that the whole Legislative Authority does reside in himself he hath thrown the Gantler to three Kingdoms and provokes them to a tryal whether he be ablest to maintain his Absoluteness or they to justifie their being a free People And by virtue of the same Royal will and pleasure that he annuls which he calls suspending the Laws enjoyning the Tests and the Oaths of Allegiance and Supremacy and commands that none of these Oaths and Declarations shall at any time hereafter be required to be taken he may in some following Royal Papers give us White-hall or Hampton Court Edicts conformable to those at Verfailles which at all times hereafter we shall be bound to submit unto and stand obliged to be ruled by instead of the Common Law and Statute Book Nor is the taking upon him to stamp us new Laws exclusively of Parliamentary concurrence in the virtue of his Royal Prerogative any thing more uncouth in it self or more disagreeable to the Rules of the Constitution and what we have been constantly accustomed unto than the cassing disabling and abrogating so many old ones which that obsolete out of date as well as ill favoured thing upon Monarchs called a Parliament had a share in the enacting of I will not say that our Addressers were conscious that the getting an Absolute Power in his Majesty to be owned and acknowledged was one of the Ends for which the late Declaration was calculated and emitted but I think I have sufficiently demonstrated both that such a power it issueth and flows from and that such a power is plainly exercised in it Which whether their coming now to be told and made acquainted with it may make them repent what they have done or at least prevent their being accessory to the support of this Power in other mischievous effects that are to be dreaded from it I must leave to time to make the discovery it being impossible to foretell what a People fallen into a phrenzie may do in their paroxisms of distraction and madness Nor was the scruing himself into the possession of an Absolute power and the getting it to be owned by at least a part of the people the only Motive to the publishing the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland but a second inducement that sway'd unto it was the undermining and subverting the Protestant Religion and the opening a door for the introduction and establishment of Popery Nor was it from any compassion to Dissenters that these two Royal Papers were emitted but from his Majesty's tender love to Papists to whom as there arise many advantages for the present so the whole benefit will be found to redound to them in the issue We are told as I have already mentioned that the King is resolved to convert England or to die a Martyr and we may be sure that if he did not think the suspending the penal Laws and the dispensing with requiring of the Tests and the granting Liberty and Toleration to be means admirably adapted thereunto he would not have acted so inconsistently with himself nor in that opposition to his own designs as to have disabled these Laws and vouchsafed the Freedom that results thereupon Especially when we are told by the Liege Jesuit that the King being sensible of his growing old finds himself thereby obliged to make the greater haste and to take the larger steps lest through not living long enough to effect what he intends he should not only lose the glory of converting three Kingdoms but should leave the Papists in a worse condition than he found them His Highness the Prince of Orange very justly concludes this to be the thing aim'd at by the present Indulgence and therefore being desired to approve the Suspension of the Test Acts and to co-operate with his Majesty for the obtaining their being Repealed was pleased to answer That while he was as well as professeth himself a Protestant he would not act so unworthily as to betray the Protestant Religion which he necessarily must if he should do as he was desired Her Royal Highness the Princess of Orange has likewise the same apprehension of the tendency of the Toleration and Indulgence and therefore was pleased to say to some Scots Ministers that did themselves the honor and performed the duty that became them in going to wait upon her that she greatly commended their having no accession to the betraying of the Protestant Religion by their returning home to take the benefit of the Toleration What an indelible Reproach will it be to a company of men that pretend to be set for the defence of the Gospel and who stile themselves Ministers of Jesus Christ to be found betraying Religion thro justifying the Suspension of so many Laws whereby it was established and supported and whereby the Kingdoms were fenced about and guarded against Popery while these two noble Princes to the neglect of their own Interest in His Majesty's Favour and to the provoking him to do them all the prejudice he can in their Right of Succession to the Imperial Crown of Great Britain do signifie their open dislike of that Act of the King and that not only upon the account of its Illegality and Arbitrariness but by reason of its tendency to supplant and undermine the Reformed Religion And they are strangely blind that do not see how it powerfully operates and conduceth to the effecting of this and that in more ways and methods than are easie to be recounted For thereby our divisions are not only kept up at a time when the united Counsels and strength of all Protestants is too little against the craft and power of Rome but they who have Addressed to thank the King for his Royal Papers and become a listed and enrolled Faction to abet and stand by the King in all that naturally follows to be done for the maintaining his Declaration and justifying of the usurped Authority from which it issues 'T is matter of a melancholy consideration and turns little to the credit of Dissenters that when they of the Church of England who had with so great indiscretion promoted things to that pass which an easie improvement of would produce what hath since ensued are through being at last enlightned in the designs of the Court come so far to recover their wits as that they can no longer do the service they were wont and which was still expected from them there should be a new Tribe of men muster'd up to stand in their room and who by their
the known Laws of the Kingdom and hath been done by no legal Court but by a Sett of Mercenary Villains armed with an Arbitrary Commission and who do as Arbitrarily exercise it And as the End unto which that Inquisition-Court was instituted was to rob us of our Rights and Privileges at the mere Pleasure of the King so the very Institution of it is an Invasion both upon all our Laws and upon the whole Property of the Nation and is one of the highest Exercises of Despotical Power that it is possible for the most Absolute and unlimited Monarch to exert Among all the Rights reserved unto the Subjects by the Rules of the Constitution and whereof they are secured by many repeated Laws and Statutes there are none that have been hitherto less disputed and in reference to which our Kings have been farther from claiming any Power and Authority than those of levying Money without the Grant as well as the Consent of Parliament and of Absolving and Discharging Debtors from paying their Creditors and of Acquitting them from being Sued and Imprisoned in case of Non-payment and yet in Defiance of all Law and to the Subverting the Rights of the People and the most essential Privilege and Jurisdiction of Parliaments and to a plain changing the ancient legal Constitution into an Absolute and Despotical Governing Power the King they say is assuming to himself an Authority both of imposing a Tax of 5 l. per Annum upon every Hackney Coach and of Releasing and Discharging all Debtors of whom their Creditors cannot claim and demand above 10 l. Sterling which as they will be signal Invasions upon Property and leading Cases for the raising Money in what other Instances he pleaseth by a Hampton-Court or a Whitehall Edict without standing in need of a Parliament or being obliged to a Dependance upon their Grant for all Taxes to be levied upon the Subjects as his Predecessoâ—s have heretofore been so they may serve fully to instruct us what little Security either the Dissenters have as to being long in the Possession of their present Liberty or Protestants in general of having a Freedom continued unto them of professing the Reformed Religion if we have nothing more to rely upon for preventing our being abridged and denied the Liberty of our Religion than we have had for preserving our Property from being Invaded and broken in upon We may subjoyn to the Clause already mentioned that other Expression which occurs in the foresaid Declaration viz. That as he freely gives them leave to meet and serve God after their own way and manner so they are to take special care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of the People from his Majesty or his Government Which words as they import the Price at which the Dissenters are to purchase their Freedom whereof we shall discourse anon so they admirably serve to furnish the King with a Pretence of retrenching their Liberty whensoever he pleaseth nor are they inferted there for any other End but that upon a Plea of their having abused his Gracious Indulgence to the alienating the Hearts of his People from him they may be adjudged to have thereby deservedly forfeited both all the Benefits of it and of his Royal Favor Nor is it possible for a Protestant Minister to preach one Sermon which a Popish Critick or a Romish Bigot may not easily misconstrue and pervert to be an Alienation of the Peoples Hearts from the King's Person and Government And of which as we have heard many late Examples in France so it will be easie to draw them into President and to imitate them in England I might add the Observation of the ingenious Author of the Reflections on his Majesty's Proclamation for a Toleration in Scotland Namely that whereas the King gives all Assurance to his Scots Subjects that he will not use invincible Necessity against any Man on the account of his Perswasion he does thereby leave himself at a liberty of Dragooning Torturing Burning and doing the utmost Violences all these being vincible to a Person of an ardent love to God and of a lively Faith in Jesus Christ and which accordingly many Thousands have been triumphantly Victorious over Nor is it likely that this new and uncouth Phrase of not using an invinsible Necessity would have found room in a Paper of that nature if it had not been first to conceal some malicious and mischievous Design and then to justifie the Consistency of its Execution with what is promised in the Proclamation Moreover were there that Security intended by these two Royal Papers that Protestant Dissenters might safely rely upon or did the King act with that Sincerity which he would delude his People into a Belief of there would then be a greater Agreeableness than there is betwixt the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland The Principle his Majesty pretends to act from That Conscience ought not to be constrained and that none ought to be persecuted for mere matters of Religion would oblige him to act uniformly and with an equal extention of Favor to all his Subjects whose Principles are the same and against whom he hath no Exception but in matters merely Religious Whereas the Disparity of Grace Kindness and Freedom that is exercised in the Declaration from that which is exerted in the Proclamation plainly shews that the whole is but a Trick of State and done in Subserviency to an end which it is not yet seasonable to discover and avow For his circumscribing the Toleration in Scotland to such Presbyterians as he stiles Moderate is not only a taking it off from its true Bottom matters of mere Religion and a founding it upon an internal Quality of the mind that is not dissernable but it implies the reserving a Liberty to himself of withdrawing the Benefits of it from all Scots Dissenters through fastening upon them a contrary Character whensoever it shall be seasonable to revive Persecution And even as it is now exerted to these Moderate ones it is attended with Restrictions that his Indulgence in England is no ways clog'd with All that the Declaration requires from those that are indulged is That their Assemblies be peaceably openly and publickly held that all Persons be freely admitted to them that they signifie and make known to some Justice of the Peace what places they set apart for these uses and that nothing be preached or taught amongst them which may any ways tend to alionate the Hearts of the People from the King or his Government Whereas the Proclamation not only restrains the Meetings of the Scots Presbyterians to private Houses without allowing them either to build Meeting-Houses or to use Out-houses or Barns but it prohibits the hearing any Ministers save such as shall be willing to swear That they shall to the utmost of their power assist defend and maintain the King in the
were represented by some of the Dissenters not only as favorers of Popery but as endeavouring to hale it in upon us by all the methods and ways that lay within their circle and yet now the whole defence of the Reformed Religion must be entirely devolved into their hands and when all the sluces are pulled up that had been made to hinder Popery from overflowing the Nation they must be left alone to stem the Inundation and prevent the Deluge They among the Fanaticks that boasted to be the most avowed and irreconcileable Enemies of the Church of Rome are not only become altogether silent when they see the Kingdom pester'd with a swarm of busie and seducing Emissaries but are both turned Advocates for that Arbitrary Paper whereby we are surrendred as a Prey unto them and do make it their business to detract from the reputation and discourage the Labours of the National Ministers who with a zeal becoming their Office and a Learning which deserves to be admired have set themselves in opposition to that croaking fry and have done enough by their excellent and unimitable Writings to save People from being deluded or perverted if either unanswerable confutations of Popery or demonstrative defences of the Articles and Doctrines of the Reformed Religion can have any efficacy upon the minds of Men. Among other fulsom Flatteries adorning a Speech made to his Majesty by an Addressing Dissenter I find this hypocritical and shameful Adulation namely that if there sholud remain any seeds of Disloyalty in any of his Subjects the transcendent goodness exerted in his Declaration would mortifie and kill them To which he might have added with more truth that the same transcendent goodness had almost destroyed all the seeds of their honesty and mortified their care and concernment for the Interest of Jesus Christ and for the Reformed Religion Their old strain of zealous Preaching against the Idolatry of Rome and concerning the coming out of Babylon my People are grown out of fashion with them in England and are only reserved and laid by to recommend them to the kindness and acceptation of Foreign Protestants when their occasions and conveniencies draw them over to Amsterdam Whoever comes into their Assemblies would think for any thing that he there hears delivered from their Pulpits that She which was the Whore of Babylon a few years ago were now become a Chast Spouse and that what were heretofore the damnable Doctrines of Popery were of late turned Innocent and Harmless Opinions The King's Declaration would seem to have brought some of them to a melius inquirendum and as they are already arrived to believe a Roman Catholick the best King that they may in a little time come to esteem Papists for the best Christians The keeping back nothing that is profitable to save such as hear them and the declaring the whole Counsel of God that are the terms upon which they received their Commission from Jesus Christ and wherein they have Paul's practice and example for a pattern would seem to be things under the Power of the Royal Prerogative and that the King may supercede them by the same Authority by which he dispenses with the Penal Statutes Which as it is very agreeable unto and imported in his Majesty's Claim of being obeyed without reserve so the owning this Absolute power with that annex of challenged obedience does acquit them from all obligations to the Laws of Christ when they are found to interfer with what is required by the King But whether God's Power or the King 's be superior and which of the two can cassate the others Laws and whose wrath is most terrible the Judgment day will be able and sure to instruct them if all means in this World prove insufficient for it The Addressers know upon what conditions they hold their Liberty and they have not only observed how several of the National Clergy have been treated for preaching against Popery but they have heard how divers of the Reformed Ministers in France before the general Suppression were dealt with for speaking against their Monarch's Religion and therefore they must be pardoned if they carry so as not to provoke his Majesty tho in the mean time through their Silence they both betray the Cause of their Lord and Master and are unfaithful to the Souls of those of whom they have taken upon them the Spiritual guidance As for the Papers themselves that are stiled by the name of Addresses I shall not meddle with them being as to the greatest part of them fitter to be exposed and ridicul'd either for their dullness and pedantry or for the Adulation and Sycophancy with which they are fulsomly stuft than to deserve any serious consideration or to merit Reflections that may prove instrumentive to Mankind Only as that Address wherein his Majesty is thanked for his restoring God to his Empire over Conscience deserveth a rebuke for its Blasphemy so that other which commends him for promising to force the Parliament to ratifie his Declaration tho by the way all he says is that he does not doubt of their concurrence which yet his ill success upon the Closetting of so many Members and his since Dissolving that Parliament shews that there was some cause for the doubting of it I say that other Address merits a severe Censure for its insolency against the legislative Authority And the Authors of it ought to be punished for their crime committed against the Liberty and Freedom of the two Houses and for encouraging the King to invade and subvert their most essential and fundamental Privileges and without which they can neither be a Council Judicature nor Lawgivers After all I hope the Nation will be so ingenuous as not to impute the miscarriages of some of the Nonconformists to the whole Party much less to ascribe them to the Principles of Dissenters For as the points wherein they differ from the Church of England are purely of another nature and which have no relation to Politicks so the influence that they are adapted to have upon men as members of Civil Societies is to make them in a special manner regardful of the Rights and Franchises of the Community But if some neither understand the tendency of their own Principles nor are true and faithful unto them these things are the personal faults of those men and are to be attributed to their ignorance or to their dishonesty nor are their Carriages to be counted the effects of their religious Tenets much less are others of the Party to be involved under the reproach and guilt of their imprudent and ill conduct Which there is the more cause to acknowledge because tho the Church of England has all the reason of the world to decline Addressing in that all her legal Foundation as well as Security is shaken by the Declaration yet there are some of her Dignitaries and Clergy as well as divers of the Members of her Communion who upon motives of Ambition Covetousness
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
Government is ours their Servants were Slaves and their Kings and Emperours Wills were their Laws their People had no Magna Charta's to show nor Fundamental Compacts and so could plead no injustice in any command the frame of the Government Warranted all those commands that had the Royal pleasure Their Political Power was more extensive than their Moral Power The People were wholly at the Mercy of the Prince All their Laws were Acts of Grace not fundamental Reserves and inherent Rights and therefore in Spirituals they had no Cause to resist and in Temporals they might not as was observed above If they had been under limited Governments as we are we might have heard of Blows as well as Words St. Paul was never so virulent with his Tongue as when he was smitten contrary to Law Obj. 3. But the Person of the King is sacred and must not he touched Answ I say so too but it is his just Power that makes him so And therefore in dangerous times he is to be counselled and perswaded to secure himself by keeping within the Sanctuary of the Laws and holding them forth for the Publick Good by gaining the Affections of the People and being content with that measure of Power that is proper to the Government For if he doth not Right may and ought to be defended and resistance for the Publick good of Illegal Commissioned Forces is not resisting the King's Person but his Forces nor his Power but his Force without Power If none would execute the King's contradictory Commands none would resist and if he will against all Justice Prudence and Perswasions joyn with wicked Men and wilfully expose himself to the mercy of blind Bullets charge is to be given to all that none kill him wittingly or wilfully the hand that lifted him up may not pull him down God forbid that any should think of killing him de industrâ or despair of his repentance before God does nothing past can prejudice a Penitent before God and I hope not before Men thus the King's person and power will be safe in the midst of a Civil War not so safe as in peaceable times but as safe as can consist with the Subjects Right when their Religion and Laws Liberty and Property are Violently invaded And therefore if any thing befall his person by their hands it is but a chance and accidental thing which may happen also in peaceable times This shows that Resisting the King 's illegal commission'd Forces in defence of their own just Rights is not resisting the Ordinance of God and consequently no Sin and then the Conscience is not tyed otherwise than the Laws of the Land and the particular Frame of the government tyes it Obj. 4. But to resist the King or his Commissioners is against the Frame of the Government it being a Monarchy and against the Laws and Statutes of the Realm Answ If it be so it is a great Sin but as it is certain this is a Monarchy so it is certain that it is limited in the Foundation otherwise the King would have all the Legislative Power and the Parliment no Authority or Right but derived from him and then he must be Arbitrary and we Slaves and all our Laws must be acts of Grace not Fundamental Rights Not from any inherent power reserved at the Institution to our selves and never submitted to the Princes but from the gracious condescention of an Absolute Monarch which is contrary to the Story of all times which shows that the people ever claimed Liberty and Property according to their Ancient Laws and Customs not as a Gift but as a Right inherent in themselves and never Transferred Aliened or Conveyed to any King but Declared Recognized and Confirmed to them by many I shall therefore suppose what I think none can upon sufficient grounds deny that the King is bound by all the sacred Tyes of God and Man to govern by the Laws and not otherwise neither by a Foreign Law nor by one of his own framing nor by any Word or Will contrary to Law seeing nothing can have the force of Law here but what has the joynt Consent of King and Parliament and that in a Parliamentary way and this shows us in the Terms of Submission that are sworn to on both sides The King and the people by a joynt consent makes Laws and make them the common Rule betwixt them the King swears to observe the Laws and the people swear to obey the King and to leave the Execution of the Laws to the King to be managed for the publick good Therefore as long as he governs by Law he and all his Ministers are safe enough from Resistance the Resister being lyable to be punished both by God and Man and the sole administration being left to the King Subjects all but himself to Criminal process and even himself to Civil but his person and power are safe in both he may be severe in the Execution of the Laws many times but not unjust As if he will not suspend a Burthensom Law or Revive an Antiquated one when the publick good requires it This may render him uncharitable or imprudent but he is safe yet For though he be bound to proceed according to Law yet he is not tyed to proceed always according to the best Methods when there are diverse But if he stop the Courts of Justice erect new ones or proceed contrary to Law he Acts without Authority and against his own Authority and puts on a kind of a Vizard that his Subjects can neither know him nor their Duty for it is the Laws that direct them to the person of the King and their own Duty without which they could know neither And if the End be not the publick good it is downright Injustice as well as politically powerless Necessity indeed may justifie a Political unlawful Act for the Publick good As in case of an Invasion to burn a garrison rather than it should be a refuge for the Enemy or to open Sluces and to drown a part of the Country for though these things have not the form of the Law they have the reason and that is Publick good And therefore it is not Law but Necessity not the King's Command but Publick good that warrants these Acts. And when Peace returns the Injured are to have satisfaction made by the Publick not as of Charity but as of Justice which shows that the Law looks upon it as a Trespass justified only by Necessity and the Publick good And the particular Persons here have reason to be quiet and make no resistance because they shall reap double benefit by it one in the Publick good and another from the Publick Treasure But it does not follow that if the King in an angry mood should command his guards to fire Newmarket because he had lost an Horse-race there or had a mind to have a Bonefire because he had won one that the Inhabitants might not resist them Obj. 5. By what Law
Not by the Law of the Land Answ Yes By the Law of the Land a Petty Constables word would justifie Resistance better then the Kings Commission could justifie the illegal Attempt But suppose there were no Person that had the least Authority and that the resistance could not be within the prescribed Form of government yet because the force is an unauthoritative force and because there is greater necessity of the End of the government than of the Form Men may by the Law of Nature and the Law of Reason proceed to the End not without all Form but without the Political Form for those proceedings that are according to Reason are not simply under no Law but under a more extensive Law and that Law justifies resistance even of Superiors when there is no other way of defence left the people If the Case will admit of Intreaties or sober Counsels or legal Appeals they are to be used but if there be no room for these or if they take no place but illegal force be used that force may nay must be resisted or evil is consented to For he that will not serve the publick by that means when there is no other does actually consent to the ruine of it He that has his house on fire and will not stir to quench the flames though he be able is willing sure it should be burnt The Rules of prudence indeed are to be observed for if there be no probability that resistance will prevent the Evil the attempt is Folly and if resistance will do more harm than good it is inserviceable and if there be any other means effectual it is unreasonable for it ought to be the last refuge and then if the Cause be good Necessity justifies proceeding to the End Not by illegal Means but by suspending the Political Form and appealing to the Reason of Mankind and introducing the Law of Nature And this is no more than when Judgment at Common-Law is reversed in Chancery the Form of the Law gives place to Equity and sound Reason Obj. 6. But is it Rebellion Answ I Answer Rebellion is resisting the just Power of the Government and if so then it is no Rebellion to resist the unjust and usurped Power for then it would be Rebellion to resist Rebellion and there could be no such thing as a just defence against the exorbitant Power of Princes and then the King might Commission a Captain or a Collonel to role up and down in the Country and Plunder and it would be Rebellion in the Posse Cum. at least in any private Family to resist them And a private Commission to cut our Throats would tye our hands till the business were done But the resisting such Force as has neither Moral nor political power is no more Rebellion than to fight against a Wild Beast that came with Strength but no Authority to devour them The Papists indeed have taken up Arms without and against the just power of this Land not only against the Form of Law but to the overthrow of the Laws and Fundamental Rights of this Government directly against the Letter the Power and the End of the Law which is as inslaving to the Subjects as an usurping Conquest and it is no more Rebellion to resist them than Wat Tyler or Jack Cade They are Rebels who Arm against the government not they that defend it by Arms Obj. 7. But this is to usurp the Power of the Sword which by the Frame of the Government is wholly in the Kings Hand Answ The Political Power of the Sword indeed is in the King but that does not devest the Subject of all defence by Arms but only of such defence as is against or inconsistent with the Political Power If force be offered that wants Political Power whoever does it does it but in the Nature of a private Person and private Persons may resist such The Right of Self-defence is a precedent Right to all Policy and every Man has so much of it still as is not given up unto the Political Power he lives under They therefore that have given themselves up to be governed by Law only have Right to defend themselves not only against the private Assailant which is allowed in all Governments but also against illegal Force And this Resistance is no Usurpation upon the Magistrates Power because it is not an Act of Civil Authority but of Natural Right And if thousands joyn in the Attempt they are all Voluntiers a Multitude but no body Corporate and such as challenge no Authority over those they resist but deny Subjection to such unauthoritative Force For such Force wanting Political Power has no Power but Strength and Strength authorizes none to injure but Natural Right authorizes every one to defend himself so that in this case the Resister has a moral Power or Warrant but the illegal Invader none at all Obj. 8. But the Resisters ought not to do an unlawful Act to suppress such illegal Force Answ I Answer That Act is not simply Unlawful that wants Political Power the Law is made for the publick Good as the End and therefore if the prescribed means be not sufficient for the End the Law permits that other reasonable means be used otherwise People might dwell upon the Shadow till they 've lost the Substance The Posse Com. ought not by the prescribed form of Law to go into another County but if the other Country at that time had no Sheriff whereby the power of that County could not be raised to defend it self or if there were Ships in the Borders of the next County to which the Plunderers might escape if they were not hotly pursued I question not but the Posse Com. might do a commendable Act to pursue them and take them in the next County The Law was made for the publick Good and not the Publick Good for the Law and therefore when the Law cannot answer its own End or prescribes ineffectual Means any just and honest Means may be used and this is not destructive of the Law but suppletory not a violating the Form prescribed but an improving it And though a Man may be called to account for doing a Good Act in such a manner I suppose it is but to know the Truth of the Matter and to preserve the Reverence of the Laws for he is already cleared in his own Conscience and in the Breasts of all Good Men and a Pardon in that case does but declare it is so and ought of Right not of Grace to be granted For it is not necessary in respect of any Crime but in respect of some defect in the Law which had not made sufficient provision for the Publick Good Object 9. But it is against true Allegiance and an Oath must be kept though it be to our own hurt Answ True Allegiance must be proportioned to the Frame of the Government and the end of that Frame Therefore if the Frame be to restrain Arbitrary Power the Subject cannot
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
but not their Essence from him When they are called together they Act by a proper and inherent Right of their own and not by the King's Commission and Direction It may be good Manners to fall upon what he directs them to first but if any thing of greater Moment require dispatch they must wave a Complement to do a real kindness to the publick Interest which they could not do were they his Commissioners and received their power to act by from him It is unnatural for the Stream to stop the Fountain head But seeing they act by their own inherent Power when met they can restrain in the King that he cannot make a Law without them or give such an interpretation of any either by himself or his Judges as shall bind the Subjects to follow or is not Reversible in Parliament for such Interpretation is part of the Legislative power and that rests in the King and Subjects Conjunctim Had the King Authority to bind his Interpretations for Law upon the Subject he might at Pleasure elude any Law and Law would be but a Sconce for Arbitrary power The Opinion indeed of the Judges is reverend but not irreversible None can finally bind an Interpretation on the Subject but those that can make Law Therefore if the King and Parliament differ about the sense of a Law it is not legally decided till both agree in one sense But that sense that is really for the publick good has the Right of a Law though not the Form and they that justifie such an Interpretation are justifiable by the Law of Nature for though it transcend the process of Courts and cannot have the force of a political Law yet Reason Mankinds prime Law justifies Men to prefer a publick good before a private Interest and what is for the publick good they that feel are best able to Judge Obj. 14. But it is Disobedience Answ Disobedience to a Lawful Command is a grievous Crime and a great Sin but it may be a great duty to disobey an unlawful Command Obedience is due as far as the Law requires and something farther a particular person must suffer rather than the Honour and Majesty of the Prince should be brought into Contempt for though the Law does not bind to this yet Conscience and Reason do the publick Interest must be promoted Scandal prevented and the Government secured from Contempt though it prejudice some particular person for such Contempt may arise from a just refusal of Obedience in some small and single Instances and may be of worse consequence to the publick than a private Injury but if the thing commanded tend to destroy the Government or introduce a general Calamity Disobedience becomes a Duty and such commands in this government are morally politically and divinely powerless and the Disobedient in such a Case does the King as good Service as he that discovers Treason for he gives him Notice that his Foot is entering into a Snare and that his preservation stands in desisting and repenting if he would but heed it And if the Disobedience be once good the higher it goes the better it is continuing still good it is absurd to go from good to worse extensively Disobedience that is good is still better as it is more likely to prevent the Evil And then Disobedience defensive is doubtless better than passive for that would introduce the Evil Voluntarily that is they that were not willing to do it themselves were yet willing to let others do it and how far that can clear them I see not For though it is not a downright consenting to subvert the Government yet it is a consenting that it shall be done rather than they will run the hazard to defend it or prevent it which is but Pilate-like to wash the Hands of what their Hearts tell them they are Accessary to Obj. 15. But War is hurtful to the State Answ The Arm that is broke cannot set it self nor can he that sets it set it by any Natural Power derived from the Spirit but by a Violent disturbing them again the Bone-setter is often forced to pull them further asunder e're he can joyn them well and so it is when Wicked Men have disjoynted and broken the Bones of State the languishing Law cannot restore it self nor can those that seek to restore it restore it without doing Violence to its broken part but it is better to do that Violence than to let them grow Crooked or Gangreen He that has taken Poyson must suffer the Violence of a Vomit and they that are Sick must be made Sicker oft before they can be made Well The prejudice therefore the Government receives by those that go about to restore it does no more denominate them Enemies to the State than the little griping of Physick can denominate Physicians Enemies to Nature The Evil proceeds from the Disease not the Remedy and the Guilt is upon them that gave the Wound not those that drest it all the Anguish and Smart that follows the Skilful Chirurgeons Hand is not to be attributed to the Chirurgeon but to the wicked Assassine and therefore though this Restoration have the Evil of a Civil War yet the Guilt of all that Evil lies upon the Causers Men are not bound to lose their Right for fear of harming Wicked Men nor to save a less Good by losing a greater a short Evil is to be chosen rather than a perpetual one Men had better drudge to preserve their own Freedom than to enter into Bondage to drudge for others and the Patriots of our Country do well to bear the Burthen of a War rather than to become Slaves themselves and leave Popery Beggary and Slavery to their Posterity Obj. 16. But it is an unsafe and dangerous Medicine it opens a Gap to the People to rebel at Pleasure and may indanger the change of the Government Answ A desperate Disease must have a desperate Cure but doing right can no way open to do wrong resisting illegal Forces is hedging up a Gap not making one Raising of Men to take a Felon will not excite the same Men to rise and seize an honest Man We must not therefore forbear to take up Arms in a just Cause lest it should incourage others to take up Arms in a bad Cause for then some that were breaking the Peace and would not be quieted with Words might not be resisted lest it should teach the People to break the Peace but Blows bestowed on such Malefactors is no breach of Peace and therefore can teach the People no such thing if they do ill by that Example it is not long of the Copy but of those that do not heed to write by it 2. I know Men in Passion and heightned with Success and back'd with Strength are apt to soar with high and fall in love with new Inventions But this hazard must be run rather than a certain change admitted Resisting Illegalities and Misgovernment is the way to preserve Government and
from a Divine Right so though Princes have no immediate Warrants from Heaven either for their original Titles or for the extent of them yet they are secured in the possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different Degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery In all which Cases the general Name of Master may be equally used yet the Degrees of his Power are to be judged by the Nature of the Contract so likewise Bodies of Men can give themselves up in different Degrees to the Conduct of others and therefore though all those may carry the same name of King yet every ones Power is to be taken from the Measures of that Authority which is lodged in him and not from any general Speculations founded on some equivocal Terms such as King Sovereign or Supream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest Proofs of the Divine Authority that is committed to them on such Occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Nor does it appear reasonable to conclude from their being in possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The Measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long tract of Time make a bad one become good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common sense of all Men a just and good Title So upon the whole matter the Degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must always be proved but Liberty proves it self the one being founded only upon positive Law and the other upon the Law of Nature VIII If from the general Principles of human Society and natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of neither side For as the Land of Canaan was given to the Jews by an immediate Grant from Heaven so God reserved still this to himself and to the Declarations that he should make from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such designation neither for themselves nor for their Ancestors IX As for the New Testament it is plain that there are no Rules given in it neither for the Forms of Government in general nor for the Degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution in which we are and it is plain that the Rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the Order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doing and that he will both support us under our Sufferings and gloriously reward us for them This was the state of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was established by Law But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls under another Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Jews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Cesar but judged that they were only subject out of fear by reason of the force that lay on them but not for Conscience sake and so in all their dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is
Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his General Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ so that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is settled by Law XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determin us in this matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with relation to the executive Part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the Two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the Two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority as for instance if he levies Money of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no right so that there lies no obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressours the Principle of Self-preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a free Nation that has its Liberties and Properties reserved to it by many positive and express Laws if then we have a right to our Property we must likewise be supposed to have a right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those ends are to be considerd as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any pretence whatsoever to take Arms against the King or any commissioned by him And these Laws have been put in the form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxim of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and the Crown have favoured us yet as soon as the Court turns against us we change our Principles XIV Here is a true Difficulty of this whole Matter and therefore it ought to be exactly considered 1. All general Words how large soever are still supposed to have a tacit exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these Words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such Occasions But when they fall out they carry still their own force with them 2. When there seem to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most evident and the most important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy this 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only
relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who made that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Antient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissionated by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by consequence those who act in virtue of it are not commissionated by the King in the Sense of the Law The King likewise imports a Prince clothed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annuls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchical Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still Prisoner for a few Acts of Rage that had been fatal to a very few persons And even our Court gave the first countenance to it though of all others the late King had the most reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the evidence of the thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Malversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispence with Laws there is nothing left upon which the Subject can depend and yet as if Dispensing Power were not enough if Laws are wholly suspended for all time coming this is plainly a repealing of them when likewise the Men in whose hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next thing in our Constitution which secures to us our Laws and Liberties is a free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it being above three years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required beforehand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the Electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threatning and Turning out of all Persons out of Imployments who had refused to do it and if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly chuse the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no Legal Officers and by consequence those Elections that pass under their Authority are null and void if I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particular Laws made in K. Charles the First and the late King's time securing them from all Commissions that the King can raise for Judging or Censuring them if then in opposition to this a Court so condemned is erected which proceeds to judg and censure the Clergy and even to disseise them of their Freeholds without so much as the form of a Trial though this is the most indispensable Law of all those that secures the Property of England and if the King pretends that he can require the Clergy
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
recites the daily Experiences that many of his Majesty's Subjects that adhere in their Hearts to the Popish Religion by the Infection drawn from thence by the wicked and devillish Counsel of Jesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalties and due Allegiance to the King's Majesty and the Crown of England as they are ready to entertain and execute any Treasonable Conspiracies and Practices And for the better Trial how his Majesty's Subjects stand affected in point of their Loyalties and due Obedience Enacts that it shall be lawful for any Bishop in his Diocess or any two Justices of the Peace whereof one to be of the Quorum within the Limits of their Jurisdiction out of the Session to require any Person of the age of eighteen Years or above which shall be convict or indicted of Recusancy other than Noblemen c. or which shall not have received the Sacrament twice within the Year then next past or any Person passing in or through the Country unknown that being examined upon Oath shall confess or not deny him or her self to be a Recusant and to take the Oath therein after expressed viz. c. The Oath of Allegiance So that by the occasion of imposing the Oath and by the appointing it to be tendred only to Papists or suspected Papists it is apparent that the Design of the Law-makers was to detect such Persons as were perverted or in danger to be perverted in their Loyalty by Infection drawn from the Popish Religion The form of the Oath makes it yet more evident being wholly levell'd against any Opinion of the Lawfulness of deposing the King or practising any Treason against him upon pretence of his being excommunicated or deprived by the Pope and against any Opinion of the Pope's Power to discharge Subjects from their Oaths of Fidelity to their Princes It runs thus viz. I A. B. Do truly and sincerely profess testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawful and rightful King of this Realm and of all his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesty's Kingdoms or Dominions or to authorize any Foreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs and Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor and detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am perswaded that neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good and lawful Authority to be lawfully administred unto me and I do renounce all Parsons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledg and swear according to these express words by me spoken and according to the plain and common Sense and Vnderstanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God And the Statute of 7 Jacobi cap. 6. recites that Whereas by a Statute made in the third Year of the said King's Reign the form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by bond of Allegiance but also by the Commandment of Almighty God ought to bear to the King his Heirs and Successors Which Oath such are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof the King had therefore undertaken and worthily performed to the great contentment of all his Subjects notwithstanding the Gainsayings of Contentious Adversaries And to shew how greatly the King 's Loyal Subjects do approve the said Oath they beseech his Majesty that the said Oath be administred to all his Subjects The Pope and Authority of the See of Rome run through the first Paragraph Notwithstanding any Declaration or Sentence of Excommunication c. Governs the second Paragraph Excommunicated and deprived the Pope are the material words in the third Paragraph The fourth is added in Majorem cautelam in opposition to the Popish Doctrine of Dispensing with Oaths Absolving Subjects from their Allegiance Equivocations Mental Evasions c. So that as the Oath of Supremacy did but enforce the Antient Oath of Fealty with an acknowledgment of the Queen 's supream Authority in Ecclesiastial Causes and things as well as Temporal and a Renunciation of all Foreign Jurisdictions so the Oath of Allegiance does but enforce the same old Oath of Fealty by obliging the Subjects of England expresly to disown any lawful Authority in the Pope or See of Rome to depose invade or annoy the King his Dominions or Subjects And notwithstanding any Sentence of Excommunication Deprivation c. by the Pope c. to bear Faith and true Allegiance to the King his Heirs and lawful Successors And to abjure that Position that it is lawful to depose Princes that are Excommunicated or Deprived by the Pope Whatever is added is either Oath over and above what was exprest in the old Oath of Fealty is but as Explanatory of it and branching it out
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
inferiour Condition being but an Off-spring of this Root be interpreted or brought in Plea against this primary and radical Constitution without Guilt of the highest Treason and destructive Enmity to the Publick-weal and Polity because by the very Constitution of this Kingdom all Laws or interpretation of Laws tending to Confusion or Dissolution are ipso facto void In this case we may allude and say That the Covenant which was 400 Years before the Law an after-Act cannot disanul it Ob. It may be objected That this Discourse seems to make our Government to be founded in Equity not in Law or upon that common rule of Salus Populi which is alike common to all Nations as well as any And so what Difference Ans The Fundamental Laws of England are nothing but the Common Laws of Equity and Nature reduced into a particular way of Policy which Policy is the ground of our Title to them and interest in them For though it is true that Nature hath invested all Nations in an equal right to the Laws of Nature and Equity by a common Bounty without respect of Persons yet the several Models of external Government and Policy renders them more or less capable of this their common Right For though they have an equal Right in Nature to all the Laws of Nature and Equity yet having fundamentally subjected themselves by their Politick Constitutions unto a Regal Servitude by Barbarism or the like they have thereby much disabled and disvested themselves of that common Benefit But on the contrary where the outward Constitution or Polity of a Republick is purposely framed for the consirming and better conserving this common Right of Nature and Equity as in ours there is not only a common Right but also a particular and lawful Power joyned with this Right for its Maintenance and Supportation For whereas other People are without all supreme Power either of making Laws or raising Monies both these Bodies of Supremacy being in the arbitrary hands only of the Sovereign Magistrate amongst many Nations these with us are in the hands of the supreme Government not Governour or Court of Judicature to wit the King and Parliament here the People like Free-men give Money to the King he doth not take it and offers Laws to be enacted doth not receive them so Now in such a constituted Kingdom where the very Constitution its self is the fundamental Law of its own Preservation as is this mixt Regiment of ours consisting of King and Parliament as Head and Body comprehending Monarchy Aristocracy and Democracy there the fundamental Laws are like fundamental Truths in these two Properties First they are comprehended in a very little room to wit Honour and Safety and Secondly they have their influence into all other inferiour Laws which are to be subjected to them and correspondent with them as lawful Children and natural Branches Ob. But in Process of time there are many written Laws which seem at least to contradict this fundamental Constitution and are not they binding notwithstanding it Ans The Constitution of this Kingdom which gave its being and which is the radical and fundamental Law thereof ought therefore to command in chief for that it never yields up its Authority to those inferiour Laws which have their being from it nor ought they which spring from it tend to the Destruction of it but on the contrary it is to derive its radical Virtue and Influence into all succeeding Laws and they like Branches are to make the root flourish from whence they spring with exhibiting the lively and fructifying Virtue thereof according to the Nature and Seasons of succeeding times things incident in after-ages not being able to be foreseen and particularly provided for at the beginning saving in the fundamental Law of Salus Populi politickly established nor can any Laws growing out of that root bear any other Fruit then such as the nature thereof dictates for for a particular branch to ruine the whole Foundation by a seeming sense contrary to it or differing from it is very absurd for then how can it be said Thou bearest not the root but the root thee Laws must always relish of and drink in the Constitution or Polity where they are made and therefore with us the Laws wherein the King is nominated and so seems to put an absolute Authority into his hands must never so be construed for that were with a breath to blow down all the Building at once but the King is there comprehended and meant under a two-sold Notion First as trusted being the Head with that Power the Law confer'd upon him for a Legal and not an Absolute Purpose tending to an honourable Preservation not an unnatural Dissolution Secondly as meaning him juridically not abstractly or personally for so only the Law takes notice of the King as a juridical Person for till the Legislative Power be absolutely in the King so that Laws come down from him to his People and go not up from them to him they must never be so interpreted for as they have a juridical being and beginning to wit in Parliament so must they have a suitable Execution and Administration to wit by the Courts and legal Ministers under the Kings Authority which according to the Constitution of this Kingdom he can no more suspend for the good of his People than the Courts can theirs or if he do to the publick hazard then have the Courts this Advantage that for publick Preservation they may and must provide upon that Principle The King can do no Wrong neither in witholding Justice nor Protection from his People So that then Salus Populi being so principally respected and provided for according to the nature of our Constitution and Polity and so being Lex legum or the Rule of all Laws branching thence then if any Law do by Variation of Times Violence of Tyranny or Misprision of Interpreters vary there-from it is a Bastard and not a Son and is by the lawful Parents either to be reduced or cast out as gendring unto Bondage and ruine of the Inheritance by attempting to erect an absolute and arbitrary Government Nor can this equitable Exposition of particular Statutes taken from the Scope of the politick Constitution be denyed without overthrow of just and legal Monarchy which ever tends to publick Good and Preservation and the setting up of an unjust and illegal Tyranny ruling if not without Law yet by abused Laws turning them as conquered Ordnance upon the People The very Scripture it self must borrow from its Scope and Principles for Explanation of particular Places else it will be abused and as it is through that Default unto Heresies See we not how falsly Satan quoted true Scripture to Christ when he tempted him only by urging the Letter without the Equity or true Intention and Meaning We are to know and do things Verum vere justum juste else we neither judge with righteous Judgment nor obey with just Obedience Ob. But is not the
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
the People 2. There is a mutual compact tacit or express between a Prince and his Subjects and that if he perform not his duty they are discharg'd from theirs 3. That if lawful Governors become Tyrants or govern otherwise than by the Laws of God and Man they ought to do they forfeit the Right they had unto their Government Lex Rex Buchanan de Jure Regni Vindiciae contra tyrannos Bellarmine de Conciliis de Pontifice Milton Goodwin Baxter H. C. 4. The Sovereignty of England is in the three Estates viz. King Lords and Commons The King has but a co-ordinate Power and may be over-ruled by the other two Lex Rex Hunton of a limited and mix'd Monarchy Baxter H. C. Polit. Catech. 5. Birthright and proximity of Blood give no title to Rule or Government and it is Lawful to preclude the next Heir from his Right of Succession to the Crown Lex Rex Hunt's Postscript Doleman History of Succession Julian the Apostate Mene Tekel 6. It is Lawful for Subjects without the Consent and against the Command of the Supreme Magistrate to enter into Leagues Covenants and Associations for defence of themselves and their Religion Solemn League and Covenant Late Association 7. Self-preservation is the Fundamental Law of Nature and supersedes the Obligation of all others whenever they stand in competition with it Hobbs de Cive Leviathan 8. The Doctrine of the Gospel concerning patient suffering of Injuries is not inconsistent with violent resisting of the higher Powers in case of Persecution for Religion Lex Rex Julian Apostat Apolog. Relat. 9. There lies no Obligation upon Christians to Passive Obedience when the Prince Commands any thing against the Laws of our Country And the Primitive Christians chose rather to die than resist because Christianity was not yet settled by the Laws of the Empire Julian Apostate 10. Possession and strength give a right to Govern and Success in a Cause or Enterprize proclaims it to be Lawful and Just to pursue it is to comply with the Will of God because it is to follow the Conduct of his Providence Hobbs Owen's Sermon before the Regicides Jan. 31. 1648. Baxter Jenkin's Petition Octob. 1651. 11. In the state of Nature there is no difference between good and evil right and wrong the state of Nature is a state of War in which every Man hath a right to all things 12. The Foundation of Civil Authority is this natural right which is not given but left to the Supreme Magistrate upon Men's entring into Societies and not only a Foreign Invader but a Domestick Rebel puts himself again into a state of nature to be proceeded against not as a Subject but an Enemy And consequently acquires by his Rebellion the same right over the Life of his Prince as the Prince for the most heinous Crimes has over the Life of his own Subjects 13. Every Man after his entring into a Society retains a right of defending himself against Force and cannot transfer that right to the Common-wealth when he consents to that Union whereby a Common-wealth is made and in case a great many Men together have already resisted the Common-wealth for which every one of them expecteth Death they have liberty then to joyn together to assist and defend one another Their bearing of Arms subsequent to the first breach of their Duty though it be to maintain what they have done is no new unjust act and if it be only to defend their Persons is not unjust at all 14. An Oath superadds no obligation to pact and a pact obliges no further than it is credited And consequently if a Prince gives any Indication that he does not believe the Promises of Fealty and Allegiance made by any of his Subjects they are thereby freed from their subjection and notwithstanding their Pacts and Oaths may lawfully rebel against and destroy their Sovereign Hobbs de Cive Leviathan 15. If a People that by Oath and Duty are oblig'd to a Sovereign shall sinfully dispossess him and contrary to their Covenants chuse and covenant with another they may be obliged by their latter Covenant notwithstanding their former Baxter H. C. 16. All Oaths are unlawful and contrary to the Word of God Quakers 17. An Oath obliges not in the sense of the Imposer but the Takers Sheriffs Case 18. Dominion is founded in Grace 19. The Powers of this World are Usurpations upon the Prerogative of Jesus Christ and it is the Duty of God's People to destroy them in order to the setting Christ upon his Throne Fifth-Monarchy Men. 20. The Presbyterian Government is the Scepter of Christ's Kingdom to which Kings as well as others are bound to submit and the King's Supremacy in Ecclesiastical Affairs asserted by the Church of England is injurious to Christ the sole King and Head of his Church Altare Damascenum Apolog. relat Hist Indulgen Cartwright Travers 21. It is not lawful for Superiors to impose any thing in the Worship of God that is not antecedently necessary 22. The duty of not offending a weak Brother is inconsistent with all human Authority of making Laws concerning indifferent things Protestant Reconciler 23. Wicked Kings and Tyrants ought to be put to Death and if the Judges and inferior Magistrates will not do their office the Power of the Sword devolves to the People if the major part of the People refuse to exercise this Power then the Ministers may Excommunicate such a King after which it is lawful for any of the Subjects to kill him as the People did Athaliah and Jehu Jezabel Buchanan Knox. Goodman Gilby Jesuits 24. After the sealing of the Scripture-Canon the People of God in all ages are to expect new Revelations for a rule of their Actions * Quakers and other Enthusiasts and it is lawful for a private Man having an inward motion from God to kill a Tyrant †Goodman 25. The example of Phineas is to us instead of a Command for what God has commanded or approved in one Age must needs oblige in all Goodman Knox. Naphtali 26. King Charles the First was lawfully put to Death and his Murtherers were the blessed Instruments of God's Glory in their Generation Milton Goodwin Owen 27. King Charles the First made War upon his Parliament and in such a case the King may not only be resisted but he ceaseth to be King Baxter We decree judge and declare all and every of these Propositions to be False Seditious and Impious and most of them to be also Heretical and Blasphemous infamous to Christian Religion and destructive of all Government in Church and State We farther decree that the Books which contain the foresaid Propositions and impious Doctrines are fitted to deprave good Manners corrupt the Minds of unwary Men stir up Seditions and Tumults overthrow States and Kingdoms and lead to Rebellion murther of Princes and Atheism it self And therefore we interdict all Members of the University from the reading the said Books under the Penalties
in the Statutes exprest We also order the before-recited Books to be publickly burnt by the hand of our Marshal in the Court of our Schools Likewise we order that in perpetual memory hereof these our Decrees shall be entered into the Registry of our Convocation and that Copies of them being communicated to the several Colleges and Halls within this University they be there publickly affixt in the Libraries Refectories or other fit Places where they may be seen and read of all Lastly We command and strictly enjoyn all and singular Readers Tutors Catechists and others to whom the care and trust of Institution of Youth is committed that they diligently instruct and ground their Scholars in that most necessary Doctrine which in a manner is the Badge and Character of the Church of England of submitting to every Ordinance of Man for the Lord's sake whether it be to the King as Supreme or unto Governors as unto them that are sent by him for the Punishment of evil doers and for the Praise of them that do well Teaching that this Submission and Obedience is to be clear absolute and without exception of any state or order of Men Also that all Supplications Prayers Intercessions and giving of Thanks be made for all Men for the King and all that are in Authority that we may lead a quiet and peaceable life in all Godliness and Honesty for this is good and acceptable in the sight of God our Saviour And in especial manner that they press and oblige them humbly to offer their most ardent and daily Prayers at the Throne of Grace for the preservation of our Soveraign Lord King Charles from the attempts of open Violence and secret Machinations of perfidious Traitors That he the Defender of the Faith being safe under the defence of the most High may continue his Reign on Earth till he exchange it for that of a late and happy Immortality The Case of the Earl of Argyle Or an exact and full Account of his Trial Escape and Sentence As likewise a Relation of several Matter of Fact for better clearing of the said Case Edinburgh 30. May 1682. SIR THE Case of the late Earl of Argyle which even before the Process led against him you was earnest to know was at first I thought so plain that I needed not and grew afterwards so exceedingly mysterious that I could not for some time give you so perfect an account of it as I wished But this time being still no less proper the exactness of my Narrative will I hope excuse all delays The design against him being now so clear and the grounds founded on so slender that to satisfie all unbyass'd Persons of his Integrity there needs no more but barely to represent matter of Fact I should think shame to spend so many words either on arguments or relation were it not lest to strangers some mystery might still be suspected to remain concealed And therefore to make plain what they can hardly believe though we we clearly see it At His Royal Highness arrival in Scotland the Earl was one of the first to wait upon him and until the meeting of our last Parliament the World believed the Earl was as much in his Highness favour as any intrusted in His Majesties affairs in this Kingdom When it was resolved and His Majesty moved to call the Parliament the Earl was in the Country and at the opening of it he appeared as forward as any in His Majesties and his Highness service but it had not sat many days when a change was noticed in his Highness and the Earl observed to decline in his Highness favour In the beginning of the Parliament the Earl was appointed one of the Lords of the Articles to prepare matters for the Parliament and named by his Highness to be one of a Committee of the Articles for Religion which by the custom of all Scots Parliaments and His Majesties instructions to his Commissioner at this time was the first thing treated of In this Committee there was an Act prepared for securing the Protestant Religion which Act did ratifie the Act approving the Confession of Faith and also the Act containing the Coronation Oath appointed by several standing Acts of Parliament to be taken by all our Kings and Regents before their entry to the exercise of the Government This Act was drawn somewhat less binding upon the Successor as to his own profession but full as strictly tying him to maintain the Protestant Religion in the publick profession thereof and to put the Laws concerning it in execution and also appointing a further Test beside the former to exclude Papists from places of publick trust and because the fines of such as should act without taking the Test appeared no better then discharged if falling in the hands of a Popish Successor and some accounting any limitation worse than an exclusion and all being content to put no limitation on the Crown so it might consist with the safety and security of the Protestant Religion it was ordained that all such fines and forfaultures should appertain the one half to the informers and the other half should be bestowed on pious uses according to certain Rules expressed in the Act. But this Act being no wise pleasing to some it was laid aside and the Committee discharged any more to meet and instead of this Act there was brought in to the Parliament at the same time with the Act of Succession a short Act ratifying all former Acts made for the security of the Protestant Religion which is the first of the printed Acts of this Parliament At the passing of this Act the Earl proposed that these words And all Acts against Popery might be added which was opposed by the Advocate and some of the Clergy as unnecessary but the motion being seconded by Sir George Lockhart and the then President of the Session now turned out it was yielded to and added without a Vote and this Act being still not thought sufficient and several Members desiring other additions and other Acts a promise was made by his Royal Highness in open Parliament that time and opportunity should be given to bring in any other Act which should be thought necessary for further securing the Protestant Religion But though several persons both before and after passing the Act for the Test here subjoyned did give in memorials and overtures yet they were never suffered to be read either in Articles 〈◊〉 Parliament but in place of all this Act for the Test was still obtruded and nothing of that nature suffered to be heard after once that Act past though even at passing it the promise was renewed As for the Test it was first brought into the Parliament without mentioning the Confession of Faith and after several hours debate for adding the Confession of Faith and many other additions and alterations it was past at the first presenting albeit it was earnestly prest by near half the Parliament that it might be delayed till
they that make Leasings to his Grace of his Lords Barons and Leiges Act 134. Par. 8. James 6. May 22. 1584. Anent Slanderers of the King his Progenitors Estate and Realm FOrasmuch as it is understood to our Soveraign Lord and his three Estates assembled in this present Parliament what great harm and inconveniency has fallen in this Realm chiefly since the beginning of the Civil troubles occurred in the time of his Highness minority through the wicked and licentious publick and private speeches and untrue calumnies of divers of his Subjects to the disdain contempt and reproach of His Majesty his Council and proceedings and to the dishonour and prejudice of his Highness his Parents Progenitors and Estate stirring up his Highness's Subjects thereby to misliking sedition unquietness and to cast off their due obedience to His Majesty to their evident peril tinsil and destruction his Highness continuing always in love and clemency toward all his good Subjects and most willing to seek the safety and preservation of them all which wilfully needlessly and upon plain malice after his Highness's mercy and pardon oft times afore granted has procured themselves by their treasonable deeds to be cut off as corrupt Members of this Commonwealth Therefore it is statute and ordained by our Soveraign Lord and his three Estates in this present Parliament that none of his Subjects of whatsoever Function Degree or Quality in time coming shall presume or take upon hand privately or publickly in Sermons Declanations and familiar Conferences to utter any false slanderous or untrue Speeches to the disdain reproach and contempt of His Majesty his Council and proceedings or to the dishonour hurt or prejudice of his Highness his Parents and Progenitors or to meddle in the Affairs of his Highness and his Estate present by-gone and in time coming under the pains contained in the Acts of Parliament anent makers and tellers of Leasings certifying them that shall be tryed contraveeners thereof or that hear such slanderous Speeches and reports not the same with diligence the said pain shall be executed against them with all rigour in example of others Act 205. Par. 14 King James 6. June 8. 1594. Anent Leasing-makers and Authors of Slanders OUR Soveraign Lord with advice of his Estates in this present Parliament ratifies approves and for his Highness and Successors perpetually confirms the Act made by his Noble Progenitors King James the First of Worthy Memory against Leasing-makers the Act made by King James the Second entituled Against Leasing-makers and tellers of them the Act made by King James the Fifth entituled Of Leasing-makers and the Act made by his Highness's self with advice of his Estates in Parliament upon the 22d day of May 1584. entituled For the punishment of the Authors of Slanders and untrue Calumnies against the Kings Majesty his Council and proceedings to the dishonour and prejudice of his Highness his Parents Progenitors Crown and Estate as also the Act made in his Highness's Parliament holden at Linlithgow upon the 10th of December 1585. entituled Against the Authors of slanderous Speeches or Writs and statutes and ordains all the said Acts to be published of new and to be put in execution in time coming with this addition That whoever hears the said Leasings Calumnies or slanderous Speeches or Writs to be made and apprehends not the Authors thereof if it lies in his power and reveals not the same to his Highness or one of his Privy Council or to the Sheriff Steward or Bayliff of the Shire Stewards in Regality or Royalty or to the Provost or any of the Bayliffs within Burgh by whom the same may come to the knowledge of his Highness or his said Privy-Council where through the said Leasing makers and Authors of slanderous Speeches may be called tryed and punished according to the said Acts The hearer and not apprehender if it lye in his power and concealer and not revealer of the said Leasing makers and Authors of the said slanderous Specches or Writs shall incur the like pain and punishment as the principal Offender Act 107. Par. 7. King James 1. March 1. 1427. That none interpret the Kings Statutes wrongously ITem the King by deliverance of Council by manner of Statute forbids That no man interpret his Statutes otherwise than the Statutes bear and to the intent and effect that they were made for and as the maker of them understood and who so does in the contrary shall be punished at the Kings will Act 10. Par. 10. King James 6. Dec. 10. 1585. Authors of slanderous Speeches or Writs should be punished to the Death IT is statuted and ordained by our Soveraign Lord and three Estates that all his Highness's Subjects content themselves in quietness and dutiful obedience to his Highness and his Authority and that none of them presume or take upon hand publickly to declaim or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws and Acts of Parliament or misconstrue his proceedings whereby any misliking may be moved betwixt his Highness and his Nobility and loving Subjects in time coming under the pain of Death certifying them that do in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and the Commonwealth of this Realm and the said pain of Death shall be executed upon them with all rigour in example of others Act for preservation of His Majesties Person Authority and Government May 1662. And further it is by His Majesty and Estates of Parliament declared statuted and enacted That if any person or persons shall by writing printing praying preaching libelling remonstrating or by any malicious or advised speaking express publish or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical or of the Government of the Church by Archbishops and Bishops as it is now settled by Law That every such person or persons so offending and being legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment Civil Ecclesiastick or Military within this Church and Kingdom and shall be liable to such further pains as are due by the Law in such Cases Act 130. Par. 8. James 6. May 22. 1584. Anent the Authority of the three Estates of Parliament THE Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of man unto their days as constitute upon the free Votes of the three Estates of this ancient Kingdom by whom the same under God has ever been upholden Rebellious and Traiterous Subjects punished the Good and Faithful preserved and maintained and the Laws and Acts of Parliament by which all men are governed made and established And finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some curiously travelling
go the same length And if any such thing were argued it might be argued ten times more strongly from a simple refusing of the Oath as if any thing were enjoyned which were so hard that it is not possible to comply with it And yet such implications are most irrational and inconsequential and neither in the case of a simple and absolute refusing of the Oath nor in the Case of an Explication of the parties sense wherein he is willing to take the Oath is there any impeachment of the Justice and prudence of the Legislator who imposeth this Oath but singly a declaration of the scrupulosity and weakness of the party why he cannot take the Oath in other terms and such Explications have been allowed by the Laws and Customs of all Nations and are advised by all Divines of whatsoever principles for the solace and security of a Mans Conscience 2. As to that point of the Explication libelled That I am confident the Parliament never intended to impose contradictory Oaths it respects the former answer which considering the plain and downright Objections that were spread abroad and made against the Oath as containing inconsistencies and contradictions was an high Vindication of the Justice and prudence of the Parliament 3. As to these words And therefore I think no body can explain it but for himself The plain and clear meaning is nothing else but that the Oath being imposed by Act of Parliament it was of no private interpretation and that therefore every man who was to take it behooved to take it in that sense which he apprehended to be the genuine sense of the Parliament And it is impossible without impugning common sense that any man could take it in any other fence it being as impossible to see with anothers mans eyes as to see with his private Reason And a mans own private sense and apprehension of the genuine sense was the only proper way wherein any man could rationally take the Oath And as to these words That he takes it as far as it is consistent with it self and the Protestant Religion The Pannel neither intended nor exprest more but that he did take it as a true Protestant and he hopes all men have taken it as such And as to that Clause wherein the Pannel is made to declare That he does not bind up himself in his Station in a lawful way to wish and endeavour any alteration he thinks to the advantage of Church or State not repugnant to the Protestant Religion and his Loyalty It is answered There is nothing in this expression that can import the least Crime or give the least umbrage for any mistake For 1. It is most certain it is impossible to elicite any such thing from the Oath but that it was the intention of the Parliament That persons notwithstanding of the Oath might concur in their stations and in a lawful way in any Law to the advantage of Church and State And no rational man ever did or can take the Oath in other terms that being contrary to his Allegiance and Duty to His Sacred Majesty and Prince 2. There is nothing in the said expression which does touch in the least point at any alteration in the Fundamentals of Government either in Church or State but on the contrary by the plain and clear words and meaning rather for its perpetuity stability and security The expression being cautioned to the utmost scrupulosity as that it was to be done in a lawful manner that it was to be to the advantage of Church or State that it was to be consistent with the Protestant Religion and with his Loyalty which was no other but the Duty and Loyalty of all faithful Subjects and which he has signally and eminently expressed upon all occasions So that how such an expression can be drawn to import all or any of the Crimes libelled passeth all Natural Understanding And as to the last words And this I understand as a part of my Oath which is libelled to be a treasonable Invasion and assuming of the Legislative power It is answered it is most unwarrantable and a parties declaring the sense and meaning in which he was free to take an Oath does not at all respect or invade the Legislative power of which the Pannel never entertained a thought but has an absolute abhorrence and detestation of such practices But the plain and clear meaning is That the sense and explication was a part of his Oath and not of the Law imposing the Oath these being as distant as the two Poles and which sense was taken off the Earls hands and he accordingly was allowed to take his place at the Council-Board and therefore repeats the former general Defences And to convince the Lords of Justitiary that there is nothing in the pretended explication libelled which can be drawn to import any Crime even of the lowest size and degree and that there is no expression therein contained that can be detorted or wrested to import the same is evident from the learned Vindication published and spread abroad by an eminent Bishop and which was read in the face of the Privy Council and does contain expressions of the same nature and to the same import contained in the pretended Explication libelled as the ground of this Indictment libelled against the Pannel And it is positively offered to be proven That these terms were given in and read and allowed to be printed and without taking notice of the whole tenor of the said Vindication which the Lords of Justitiary are humbly desired to peruse and consider and compare the same with the Explication libelled the same acknowledgeth that scruples had been raised and spread abroad against the Oath and also acknowledgeth that there were expressions therein that were dark and obscure and likewise takes notice that the Confession ratified Par. 1. James 6. to which the Oath relates was hastily made and takes notice of that Authority that made it and acknowledges in plain terms that the Oath does not hinder any regular endeavour to regulate or better the Establisht Government but only prohibits irregular endeavours and attempts to invert the substance or body of the Government and does likewise explain the Act of Parliament anent His Majesties Supremacy that it does not reach the alteration of the external Government of the Church And the Pannel and his Proctors are far from insinuating in the least that there is any thing in the said Vindication but what is consistent with the exemplary Loyalty Piety and Learning of the Writer of the same And tho others perhaps may differ in their private opinion as to this interpetation of the Act of Parliament anent the Kings Supremacy yet it were most absurd and irrational to pretend that whether the mistake were upon the interpretation of the Writer or the sense of others as to that point that such mistakes or misapprehensions upon either hand should import or infer against them the Crimes of Leasing making or
nothing in the Test consistent with either And 3dly If the Protestant Religion and the Earl his reference to it be nothing then is not only the Council sadly reproached who in their Explanation declare this to be the only thing sworn to in the first part of the Test but our Religion quite subverted as far as this Test can do it But next for the Treason the Advocate says That the Earl expresly declares he means not by the Test to bind up himself from wishing or endeavouring in his station and in a lawful way any alteration he shall think for the advantage of Church or State whereby says he the Earl declares himself and others loosed from any obligation to the Government and from the duty of all good Subjects and that they may make what alterations they please A direct contrariety instead of a just consequence as if to be tied to Law Religion and Loyalty were to be loosed from all three Can there be a flatter and more ridiculous contradiction Next the Advocate pretends to found upon the fundamental Laws of this and all Nations Whereby it is Treason for any Man to make any alterations he thinks fit for the advantage of Church or State But first The Earl is not nor cannot be accused of so much as wishing much less endeavouring or making any alteration either in Church or State only he reserves to himself the same freedom for wishing which he had before his Oath and that all that have taken it do in effect say they still retain 2dly For a man to endeavour in his station and in a lawful way such alterations in Church or State as he conceives to their advantage not repugnant to Religion and Loyalty is so far from being Treason that it is the duty of every Subject and the sworn Duty of all His Majesty's Councellors and of all Members of Parliament But the Advocate by fancying and misapplying Laws of Nations wresting Acts of Parliaments adding taking away chopping and changing words thinks to conclude what he pleases And thus he proceeds That the Treason of making Alterations is not taken off by such qualifications of making them in a lawful way in ones station to the advantage of Church or State and not repugnant to Religion or Loyalty But how then Here is a strange matter Hundreds of Alterations have been made within these few years in our Government and in very material Points and the King 's best Subjects and greatest Favourites have both endeavoured and effectuate them And yet because the things were done according to the Earl's qualifications instead of being accounted Treason they have been highly commended and rewarded The Treasury hath been sometimes in the hands of a Treasurer sometimes put into a Commission backward and forward And the Senators of the College of Justice the right of whose places was thought to be founded on an Act of Parliament giving His Majesty the prerogative only of presenting are now commissioned by a Patent under the great Seal both which are considerable alterations in the Government which some have opposed others have wished and endeavoured and yet without all fear of Treason on either hand only because they acted according to these qualifications in a lawful way and not repugnant to Religion and Loyalty But that which the Advocate wilfully mistakes for it is impossible he could do it ignorantly is that he will have the endeavouring of alterations in general not to be of it self a thing indifferent and only determinable to be good or evil by its qualifications as all men see it plainly to be but to be forsooth in this very generality intrinsically evil a Notion never to be admitted on Earth in the frail and fallible condition of humane Affairs And then he would establish this wise Position by an example he adduces That rising in Arms against the King for so sure he means it being otherwise certain that rising in Arms in general is also a thing indifferent and plainly determinable to be either good or evil as done with or against the King's Authority is Treason and says If the Earl had reserved to himself a liberty to rise in Arms against the King tho he had added in a lawful manner yet it would not have availed because and he says well This being in it self unlawful the qualification had been but shams and contrariae facto But why then doth not his own reason convince him where the difference lies viz. That rising in Arms against the King is in it self unlawful whereas endeavouring alterations is only lawful or unlawful as it is qualified and if qualified in the Earl's Terms can never be unlawful But says the Advocate The Earl declares himself free to make all alterations and so he would make Men believe that the Earl is for making All or Any without any reserve whereas the Earl's words are most express that he is Neither for making all or any but only for wishing and endeavouring for such as are good and lawful and in a lawful way which no Man can disown without denying common reason nor no sworn Councellor disclaim without manifest Perjury But the Advocate 's last conceit is That the Earl's restriction is not as the King shall think fit or as is consistent with the Law but that himself is still to be judge of this and his Loyalty to be the standard But first The Earl's restriction is expresly according to Loyalty which in good sense is the same with according to Law and the very thing that the King is ever supposed to think Secondly As neither the Advocate nor any other hitherto have had reason to distinguish the exercise and actings of the Earlâ—s Loyalty from those of His Majesty's best Subjects so Is it not a marvellous thing that the Advocate should profess to think for in reality he cannot think it the Earl's words His Loyalty which all men see to be the same with his Duty and Fidelity or what else can bind him to his Prince capable of any quibble far more to be a ground of so horrid an accusation And whereas the Advocate says The Earl is still to be judge of this It is but an insipid calumny it being as plain as any thing can be That the Earl doth nowise design His thinking to be the rule of Right and Wrong but only mentions it as the necessary application of these excellent and unerring Rules of Religion Law and Reason to which he plainly refers and subjects both his thinking and himself to be judged accordingly By which it is evident that the Earl's restriction is rather better and more dutiful than that which the Advocate seems to desiderate And if the Earl's restrictions had not been full enough it was the Advocate 's part before administrating the Oath to have craved what more he thought necessary which the Earl in the Case would not have refused But it is believed the Advocate can yet hardly propose restrictions more full and suitable to Duty
than the fore-mentioned of Religion Law and Reason which the Earl did of himself profer As for what His Majesty's Advocate adds That under such professions and reserves the late Rebellions and disorders have all been câ—rried on and fomented It is but a meer vapour for no Rebellion ever was or can be without a breach of one or other of the Earl's qualifications which doth sufficiently vindicate that part of the Earl's Explanation The Advocate insists much that Any is equivalent to All and that All comprehends Every particular under it which he would have to be the deadly Poyson in the Earl's words And yet the Earl may defy him and all his detracters to find out a Case of the least undutifulness much less of Rebellion that a Man can be guilty of while he keeps within the excellent Rules and Limitations wherewith his words are cautioned I could tell you further that so imaginary or rather extravagant and ridiculous is this pretended Treason that there is not a person in Scotland either of those who have refused or who by the Act are not called to take the Test that may not upon the same ground and words be impeach't viz. That they are not bound and so without doubt both may and do say it by the Test in their station c. to wish and endeavour any alteration c. Nay I desire the Advocate to produce the Man among those that have taken the Test that will affirm that by taking it he hath bound up himself never to wish or endeavour any alteration c. according to the Earl's qualifications and I shall name Hundreds to whom his Highness as you have heard may be added that will say they are not bound up So that by this conclusion if it were yielded all Scotland are equally guilty of Treason the Advocate himself to say nothing of His Royal Highness not excepted Or if he still think he is I wish he would testify under his hand to the World that by his Oath he is bound up never to wish nor endeavour any alteration he thinks to the advantage of Church or State in a lawful way nor in his station though neither repugnant to the Protestant Religion nor his Loyalty And if this he do he does as a Man if not of Sense at least of Honour but if not I leave a blank for his Epithets But that you may see that this whole affair is a deep Mystery pray notice what is objected against the last part of the Explanation This I understand as a part of my Oath Which says the Advocate is a Treasonable invasion upon the Royal Legislative power as if the Earl could make to himself an Act of Parliament since he who can make any part of an Act may make the whole And then say I farewell all Takers of the Test with an Explanation whether the Orthodox Clergy or Earl Queensberry tho himself Justice General who were allowed by the Council so to do seeing that whether they hold their Explanation for a part of their Oath or not yet others may and in effect all men of sense do understand it so And thus in the Advocate 's Opinion they have Treasonably invaded the Legislative Power and made an Act of Parliament to themselves Neither in that Case can the Councils allowance excuse them seeing not only the Earl had it as well as they but even the Council it self cannot make an Act of Parliament either for themselves or others But Sir I protest I am both ashamed and wearied of this trifling and therefore to shut up this Head I shall only give a few remarks First you may see by the Acts of Parliament upon which the Advocate founds his Indictment That as to Leasing-making and depraving Laws all of them run in these plain and sensible terms The inventing of Narrations the making and telling of Lies the â—ttering of wicked and untrue Calumnies to the slander of King and Government the depraving of his Laws and misconstruing his Proceedings to the engendering of discord moving and raising of batred and dislike betwixt the King and his People And as to Treason in these yet more positive terms That none impugn the dignity and authority of the Three Estates or seek or procure the innovation or diminution thereof Which are things so palpable and easily discerned and withal so infinitely remote both from the Earl's words and intentions or any tollerable construction can be put on either that I confess I never read this Indictment but I was made to wonder that its forger and maker was not in looking on it deterred by the just apprehensions he might have not only to be sometime accused as a manifest depraver of all Law but to be for ever accounted a gross and most disingenuous perverter of common sense The Earl's words are sober respectful and dutifully spoken for the exoneration of his own Conscience without the least insinuation of either reflection or slander much less the impugning of the Authority of Parliament as the Earl may appeal not only to His Majesty's true and Royal sense but to the most scrupulous and nice affecters of the exactest discerning besides that they were first formally tendered in Council for their approbation and by them directly allowed How then can any Man think that they could be charged with the greatest and vilest of crimes Leasing-making Depraving Perjury and Treason But the Advocate tells us That there are some things which the Law commonly forbids in general and that some inferences are as natural and strong and reproach as soon or sooner than the plainest defamations But what of all this Must therefore such generals be left to the phantastick application of every wild imagination to the confounding of the use of Speech and subverting of humane Society and not rather be still submitted to the judgment of common sense for their true and right understanding and the deducing thence these strong and natural inferences talk'd of Of which good sense if the Advocate do but allow a grain weight it is evident that the inferences he here Libels against the Earl must infallibly be cast and by all rational unbiassed men be found strange unnatural and monstrous For Sir Secondly pray observe these rational and sound Maxims he founds his Inferences on and they are manifestly these First That he who says he will only obey as far as be can invents a new way whereby no man is at all bound to obey 2dly That he who in the midst of Hundreds of exceptions and contradictions objected against an Oath injoyned by Act of Parliament and still unanswered says That he is confident the Parliament never intended to impose contradictory Oaths reproaches the Parliament 3dly That he that says he must explain an ambiguous Oath for himself before he take it renders all Laws and Oaths useless and makes himself the Legislator 4thly That he that says that he takes this Oath as far as it is consistent with it self and the Protestant
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
alledged irrelevancy thereof That in time coming all Criminal Libels shall contain that the persons complained on are Art and Part of the Crimes Libelled which shall be relevant to accuse them thereof swa that no exception or objection take away that part of the Libel in time coming He says That he finds no Act of Parliament more unreasonable for the Statutory part of that Act committing the Tryal of Art and Part to Assizers seems most unjust Seeing in committing the greatest questions of the Law to the most ignorant of the Subjects it puts a sharp Sword into the hands of blind men And the reason of this Act specified in the Narrative is likewise most inept and no ways illative c. What Reproaches What Blasphemies The Earl said not one word against any Act of Parliament But on the contrary That he was confident the Parliament intended no contradiction and that he was willing to take the Test in the Parliaments sense But here the Advocate both says and Prints it That an Act of Parliament is most unreasonable and most unjust and it's reason most inept and that it puts a sharp Sword in the hands of blind men Whereof the smallest branch is infinitely more reproachful than all can be strained out of the Earl's words But Sir Speculation is but Speculation and if the Advocate when his day comes be as able to purge himself of Practical Depravations as I am inclined to excuse all his Visionary Lapses notwithstanding of the famous Title Quod quisque juris in alterum statuorit ut ipse eodem jure utatur he shall never be the worse of my censure Murther will out Or the King's Letter justifying the Marquess of Antrim and declaring That what he did in the Irish Rebellion was by Direction from his Royal Father and Mother and for the service of the Crown Ireland Aug. 22. 1663. Ever honoured Sir LAST Thursday we came to Trial with my Lord Marquess of Antrim but according to my Fears which you always surmised to be in vain he was by the King 's Extraordinary and Peremptory Letter of Favour restored to his Estate as an Innocent Papist We proved Eight Qualifications in the Act of Settlement against him the least of which made him uncapable of being restored as Innocent We proved 1. That he was to have a hand in surprizing the Castle of Dublin in the Year 1641. 2. That he was of the Rebels Party before the 15th of September 1643. which we made appear by his hourly and frequent intercourse with Renny O Moore and many others being himself the most notorious of the said Rebels 3. That he entered into the Roman-Catholick Confederacy before the Peace in 1643. 4. That he constantly adhered to the Nuncio's Party in opposition to his Majesty's Authority 5. That he sate from time to time in the Supream Council of Kilkenny 6. That he signed that execrable Oath of Association 7. That he was Commissionated and acted as Lieutenant-General from the said Assembly at Kilkenny 8. That he declared by several Letters of his own penning himself in Conjunction with Owen Ro Oneale and a constant Opposer to the several Peaces made by the Lord Lieutenant with the Irish We were seven hours by the Clock in proving our Evidence against him but at last the King's Letter being opened and read in Court Rainsford one of the Commissioners said to us That the King's Letter on his behalf was Evidence without Exception and thereupon declared him to be an Innocent Papist This Cause Sir hath tho many Reflections hath passed upon the Commissioners before more startled the Judgments of all men than all the Tryals since the beginning of their sitting and it is very strange and wonderful to all of the Long Robe that the King should give such a Letter having divested himself of that Authority and reposed the Trust in the Commissioners for that purpose And likewise it is admired that the Commissioners having taken solemn Oaths To execute nothing but according to and in pursuance of the Act of Settlement should barely upon his Majesty's Letter declare the Marquess Innocent To be short There never was so great a Rebel that had so much favour from so good a King And it is very evident to me though young and scarce yet brought upon the stage that the consequence of these things will be very bad and if God of his extraordinary mercy do not prevent it War and if possible greater Judgments cannot be far from us where Vice is Patroniz'd and Antrim a Rebel upon Record and so lately and clearly proved one should have no other colour for his Actions but the King 's own Letter which takes all Imputations from Antrim and lays them totally upon his own Father Sir I shall by the next if possible send you over one of our Briefs against my Lord by some Friend It 's too large for a Pacquet it being no less in bulk than a Book of Martyrs I have no more at present but refer you to the King's Letter hereto annexed CHARES R. RIght Trusty and well-beloved Cousins and Counsellors c. We greet you well How far we have been from interposing on the behalf of any of our Irish Subjects who by their miscarriages in the late Rebellion in that Kingdom of Ireland had made themselves unworthy of Our Grace and Protection is notorious to all men and We were so jealous in that particular that shortly after Our return into this Our Kingdom when the Marquess of Antrim came hither to present his duty to Us upon the Information We received from those Persons who then attended Us by a Deputation from Our Kingdom of Ireland or from those who at that time owned our Authority there that the Marquess of Antrim had so misbehaved himself towards Us and Our late Royal Father of blessed memory that he was in no degree worthy of the least Countenance from Us and that they had manifest and unquestionable Evidence of such his guilt Whereupon We refused to admit the said Marquess so much as into Our Presence but on the contrary committed him Prisoner to our Tower of London where after he had continued several Months under a strict restraint upon the continual Information of the said Persons We sent him into Ireland without interposing the least on his behalf but left him to undergo such a Tryal and Punishment as by the Justice of that Our Kingdom should be found due to his Crime expecting still that some heinous Matter would be objected and proved against him to make him uncapable and to deprive him of that Favour and Protection from Us which we knew his former Actions and Services had merited After many months attendance there and We presume after such Examinations as were requisite he was at last dismissed without any Censure and without any transmission of Charge against him to Us and with a License to transport himself into this Kingdom We concluded that it was then time to give him
as a Quare impedit Quare incumbravit a Writ of Attaint of Debt Detinue of Ward Escheat Scire fac pur repealer patent c. Unto which every Man must answer But no Man can be brought to answer for Publick Crimes at the King's Suit otherwise than by Indictment of a Grand Jury The whole Course of doing Justice upon Criminals from the beginning of the Process unto the Execution of the Sentence is and ever was esteemed to be the Kingdoms concernment as is evidenced by the frequent Complaints made in Parliament that Capital Offenders were pardon'd to the Peoples damage and wrong In the 13 Rich. 2. it is said that the King hearing the grievous complaints of his Commons in Parliament of the outragious mischiefs which happened unto the Realm for that Treasons Murders and Rapes of Women be commonly done and committed and the more because Charters of Pardon had been easily granted in such Cases And thereupon it was enacted That no Pardon for such Crimes should be granted unless the same were particularly specified therein and if a Pardon were otherwise granted for the Death of a Man the Judges should notwithstanding enquire by a Grand Jury of the Neighbourhood concerning the Death of every such Person and if he were found to have been wilfully Murthered such Charter of Pardon to be disallowed and provisions were made by imposing grievous Fines upon every person according to his Degree and Quality or Imprisonment who should presume to sue to the King for any Pardons of the aforesaid Crimes and that such persons might be known to the whole Kingdom their Names were to be upon several Records The like had been done in many Statutes made by several Parliaments as in the 6 Ed. 1.9 the 2 Ed. 3.2 the 10 Ed. 3.2 and the 14 Ed. 3.15 where it was acknowledged by the King in Parliament That the Oath of the Crown had not been kept by reason of the Grant of Pardons contrary to the aforesaid Statutes and Enacted that any such Charter of Pardon from thenceforth granted against the Oath of his Crown and the said Statutes the same should be holden for none In the 27 Edw. 3.2 It is further provided for preventing the Peoples damage by such Pardons That from thenceforth in every Charter of Pardon of Felony which shall be granted at any mans suggestion the said suggestion and the name of him that maketh the suggestion shall be comprised in the same Charter and if after the same suggestion be found untrue the Charter shall be disallowed and holden for none And the Justices before whom such Charter shall be alledged shall enquire of the same suggestion and that as well of Charters granted before this time as of Charters which shall be granted in time to come and if they find them untrue then they shall disallow the Charter so alledged and shall moreover do as the Law demandeth Thus have Parliaments from time to time declared that the Offences against the Crown are against the publick welfare and that Kings are obliged by their Oath and Office to cause Justice to be done upon Traytors and Felons for the Kingdom 's sake according to the ancient Common-Law 9 Hen 3.29 declared by Magna Charta in these words Nulli negabimus nulli vendemus nulli differemeus Justitiam VVe will sell to no Man we will not deny or defer to any Man either Justice or Right And as the publick is concerned that the due and legal Methods be observed in the Prosecution of Offenders so likewise doth the security of every single Man in the Nation depend upon it No Man can assure himself he shall not be accused of the highest crimes Let a Man's Innocence and Prudence be what it will yet his most inoffensive VVords and Actions are liable to be misconstrued and he may by Subornation and Conspiracy have things laid to his charge of which he is no ways guilty VVho can speak or carry himself with that circumspection as not to have his harmless VVords or Actions wrested to another sense than he intended VVho can be secure from having a Paper put into his Pockets or laid in his House of which he shall know nothing till his Accusation History affords many Examples of the detestable Practices in this kind of wicked Court-Paraâ—tes among which one may suffice for Instance Polib lib. 5. out of Polibius an approved Author Hermes a powerful Favourite under Antiochus the younger but a Man noted to be a favourer of Lâ—ars was made use of against the innocent and brave Epigenes He had long watch'd to kill him for that he found him a Man of great Eloquence and Valour having also Favour and Authority with the King He had unjustly but unsuccessfully accused him of Treason by false glosses put upon his faithful Advice given to the King in open Council this not prevailing he by artifice got him put out of his Command and to retire from Court which done he laid a Plot against him with the help and Council of one of his Complices Alexis and writing Letters as if they had been sent from Molon who was then in open Rebellion against his Prince for fear amongst other Reasons of the Cruelty and Treachery of Hâ—â—mes and corrupted one of Alexis's Servants with great Promises who went to Epigenes to thrust the Letters secretly among his other Writings which when he had done Alexis came suddenly to Epigenes demanding of him if he had received any Letter from Molon and when he said he had none the other said he was confident he should â—nd some wherefore entring the House to search he found the Letters and taking this occasion slew him lest if the Fact had been duly examined the Conspiracy had been discovered These things happening thus the King thought that he was justly slain in this manner the worthy Epigenes ended his days But this great Man's designs did not rest here for within a while heightned with success he so arrogantly abused His Master's Authority as he grew dangerous to the King himself as well as to those about him insomuch as Antiochus was forced for that he hated and feared Hermes to take away his Life by Stratagem thereby to secure himself By these and a Thousand other ways the most unblemish'd Innocence may be brought into the greatest danger Since then every Man is thus easily subject to question and what is one Man's Case this day may be another Man 's to morrow it is undoubtedly every Man's concern to see as far as in him lies in every case that the accused Person may have the benefit of all such provisions as the Law hath made for the defence of Innocence and Reputation Now to this end there is nothing so necessary as the secret and separate examination of Witnesses for though perhaps as hath been already observed it may be no very difficult thing for several persons who are permitted to discourse with each other freely and to hear or be told what each
for Instances of his guilt If then all his private Papers and Notes to help his Memory in his Plea and Defence shall be taken from him by the Gaoler or the Court and given to his Prosecutors And all Advice and Assistance from Councils or Friends and his nearest Relations shall be denied him and none suffered by word or writing to inform him of the indifferency or honesty or the partiality or malice of the Pannels returned whom the Law allows him to challenge or refuse either peremptorily or for good Reasons offered should he be thus deprived of all the good provisions of the Law for his safety To what Frauds Perjuries and Subornations is not he and every man Exposed who may be accused What Deceits may there not be put upon Juries and what Probability is there of finding Security in Innocence What an admirable Execution would this be of their Commission To make diligent Inquisition after all manner of Falshoods Deceipts Wrongs and Frauds and thereupon to do Justice according to Law When at the same Time if so Managed a Method would be introduced of ruining and destroying any Man in the form of Justice Such practices would be the highest dishonour to the King imaginable whose name is used and so far Misrepresent the Kingly Office as to make that appear to have been Erected to vex and destroy the People which was intended and ordained to help and preserve them The Law so far abhors such proceedings that it intends that every Man should be strictly bound to be exactly just in their several Imployments relating to the Execution of Justice The Serjeant of the King's Council Sir George Jefferys among the rest who prosecute in the King's name and are consulted in the forming Bills of Indictment and advise about the Witnesses and their Testimonies against the Accused These if they would remember it when they are made Serjeants take an Oath Cokes 2d Institutes Pag. 214. as well and truly to serve the People whereof the party accused is one as the King himself and to minister the King's matters duely and truly after the course of the Law to their Cunning Not to use their Cunning and Craft to hide the Truth and destroy the accused if they can They are also obliged by the Statute of Westm 1. Cap. 29. To put no manner of Deceit or Collusion upon the King's Court nor secretly to consent to any such Tricks as may abuse or beguile the Court or the party be it in Causes Civil or Criminal And it is ordained that if any of them be convicted of such practices he shall be imprisoned for a year and never be heard to plead again in any Court and if the Mischievous consequence of their Treacheries be great they are Subject to further and greater punishments Our Antient Law Book called the Miror of Justice Cap. 2. Sect. 4. says That every Serjeant Pleader is chargeable by his Oath not to maintain or defend any Wrong or Falshood to his Knowledge but shall leave his Client when he shall perceive the wrong intended by him Also that he shall not move or proffer any false Testimony nor consent to any Lyes Deceits or Corruptions whatsoever in his pleadings As a further Security unto the People against all Attempts upon their Laws Exemplary Justice hath been done in several Ages upon such Judges and Justiciaries as through Corruption Submission unto unjust Commands or any other Sinister consideration have dared to swerve from them The punishments of these wicked Men remain upon Record as Monuments of their Infamy to be a Terror unto all that shall succeed them In the Reign of the Saxons the most notable Example was given by King Alfred who caus'd above forty Judges to be hanged in a Short Space for several wrongs done to the People as is related in the Mirror of Justice Some of them suffered for imposing on Juries and forcing them to give Verdicts according to their will And one as it seems had taken the Confidence to examine a Jury that he might find which of them would Submit to his Will and setting aside him who would not condemned a Man upon the Verdict of Eleven Since the Coming of the Normans our Parliaments have not been less severe against such Judges as have suffered the course of Justice to be perverted or the Rights and Liberties of the People to be invaded In the time of Edward the 1st Anno 1289. The Parliament finding That all the Judges except Two had swerv'd from their duty condemned them to several punishments according unto their Crimes Ex Chron. Anno 10. Ed. 1. ad finem As Banishment Perpetual Imprisonment or the loss of all their Estates c. Their Particular Offences are specified in a Speech made by the Arch-Bishop of Canterbury in Parliament They had broken Magna Charta Incited the King against his People Violated the Laws under pretence of expounding them and impudently presumed to prefer their own Councils to the King before the Advices of Parliament as appears by the speech c. Hereunto annext The like was done in Ed. the 2d Time when Hugh De Spencer was charged for having prevailed with the King to break his Oath to the People in doing Things against the Law by his own Authority In Edward the 3d. Time Judge Thorpe was hang'd for having in the like manner brought the King to break his Oath Dan. History p. 260 261. And the happy Reign of that great King affords many Instances of the like nature amongst which the punishment of Sir Henry Green and Sir William Skipwith deserve to be observed and put into an Equal Rank with those of his brave and victorious Grand-father In Richard the Second's Time Eleven of the Judges See all the English Histories of Walsingham Fabian Speed c. in the 11 and 12 years of Richard II. forgetting the dreadful Punishments of their Predecessors subscrib'd malicious Indictments against Law and gave false Interpretations of our Ancient Laws to the King thereby to bring many of his most Eminent and worthiest Subjects to suffer as Traytors at his Will Subjected the Authority and very Being of Parliaments to his absolute pleasure And made him believe that all the Laws lay in his own breast Hereupon sentence of death passed upon them and tho upon their repentance and confessing they had been swayed by fear and threatnings from the King Two only were Executed all the others were for ever banished as unworthy to enjoy the benefit of that Law which they had so perfidiously and basely betrayed It were an Endless work to recite all the Examples of this kind that are found in our Histories and Records but that of Empson and Dudley must not be omitted They had craftily contriv'd to abolish Grand Juries and to draw the Lives and Estates of the People into question without Indictments by them and by surprise and other wicked practices they gained an Act of Parliament for their countenance Hereupon
the Nature of a Bargain and the due Circumstances belonging to an Equivalent and will now conclude with this short Word Where Distrusting may be the Cause of provoking Anger and Trusting may be the Cause of bringing Ruine the Choice is too easie to need the being explained A LETTER From a Gentleman in the City To his Friend in the Country Containing his Reasons for not Reading the Declaration SIR I Do not wonder at your Concern for finding an Order of Council published in the Gazette for Reading the King's Declaration for Liberty of Conscience in all Churches and Chappels in this Kingdom You desire to know my Thoughts about it and I shall freely tell them for this is not a time to be reserved Our Enemies who have given our Gracious King this Counsel against us have taken the most effectual way not only to ruine us but to make us appear the Instruments of our own Ruine that what Course soever we take we shall be undone and one side or other will conclude that we have undone our selves and fall like Fools To lose our Livings and Preferments nay our Liberties and our Lives in a plain and direct Opposition to Popery as suppose for refusing to read Mass in our Churches or to swear to the Trent Creed is an honorable way of falling and has the Divine Comforts of Suffering for Christ and his Religion and I hope there is none of us but can chearfully submit to the Will of God in it But this is not our present Case to read the Declaration is not to read the Mass nor to profess the Romish Faith and therefore some will judge that there is no hurt in Reading it and that to suffer for such a Refusul is not to fall like Confessors but to suffer as Criminals for disobeying the Lawful Commands of our Prince but yet we judge and we have the concurring Opinions of all the Nobility and Gertry with us who have already suffered in this Cause that to take away the Test and Penal Laws at this time is but one step from the introducing of Popery and therefore to read such a Declaration in our Churches though it do not immediately bring Popery in yet it sets open our Church Doors for it and then it will take its own time to enter So that should we comply with this Order all good Protestants would despise and hate us and men we may be easily crushed and shall soon fall with great Dishonour and without any Pity This is the Difficulty of our Case we shall be censured on both sides but with this Difference We shall fall a little sooner by not Reading the Declaration if our Gracious Prince resent this as an Act of an obstinate and peevish or factious Disobedience as our Enemies will be sure to represent it to him We shall as certainly fall and not long after if we do read it and then we shall fall unpitied and despised and it may be with the Curses of the Nation whom we have ruined by our Compliance and this is the way never to rise more And may I suffer all that can be suffered in this World rather than contribute to the sinal Ruine of the best Church in the World Let us then examine this Matter impartially as those who have no mind either to ruine themselves or to ruine the Church I suppose no Minister of the Church of England can give his Consent to the Declaration Let us then consider whether Reading the Declaration in our Churches be not an Interpretative Consent and will not with great Reason be interpreted to be so For First By our Law all Ministerial Officers are accountable for their Actions The Authority of Superiors though of the King himself cannot justifie inferior Officers much less the Ministers of State if they should execute any illegal Commands which shews that our Law does not look upon the Ministers of Church or State to be meer Machines and Tools to be managed wholly by the Will of Superiors without exercising any Act of Judgment or Reason themselves for then inferior Ministers were no more punishable than the Horses are which draw an innocent Man to Tyburn and if inferior Ministers are punishable then our Laws suppose that what we do in obedience to Superiors we make our own Act by doing it and I suppose that signifies our Consent in the Eye of the Law to what we do It is a Maxime in our Law That the King can do no Wrong and therefore if any Wrong be done the Crime and Guilt is the Ministers who does it for the Laws are the King 's publick Will and therefore he is never supposed to command any thing contrary to Law nor is any Minister who does an illegal Action allowed to pretend the King's Command and Authority for it and yet this is the only Reason I know why we must not obey a Prince against the Laws of the Land or the Laws of God because what we do let the Authority be what it will that commands it becomes our own Act and we are responsible for it and then as I observed before it must imply our own Consent Secondly The Ministers of Religion have a greater Tye and Obligation than this because they have the Care and Conduct of Mens Souls and therefore are bound to take Care that what they publish in their Churches be neither contrary to the Laws of the Land nor to the Good of the Church For the Ministers of Religion are not look'd upon as Common Cryers but what they Read they are supposed to recommend too though they do no more than Read it and therefore to read any thing in the Church which I do not consent to and approve nay which I think prejudicial to Religion and the Church of God as well as contrary to the Laws of the Land is to misguide my People and to dissemble with God and Men because it is presum'd that I neither do nor ought to read any thing in the Church which I do not in some degree approve Indeed let Mens private Opinions be what they will in the Nature of the thing he that reads such a Declaration to his People teaches them by it For is not Reading Teaching Suppose then I do not consent to what I read yet I consent to Teach my People what I Read and herein is the Evil of it for it may be it were no Fault to Consent to the Declaration but if I consent to Teach my People what I do not consent to my self I am sure that is a great one And he who can distinguish between consenting to Read the Declaration and consenting to Teach the People by the Declaration when Reading the Declaration is teaching it has a very subtile Distinguishing Conscience Now if consenting to Read the Declaration be a Consent to Teach it my People then the natural Interpretation of Reading the Declaration is That he who Reads it in such a solemn Teaching-manner Approves it If this be not
so I desire to know why I may not read an Homily for Transubstantiation or Invocation of Saints or the Worship of Images if the King sends me such good Catholick Homilies and commands me to read them And thus we may instruct our People in all the Points of Popery and recommend it to them with all the Sophistry and Artificial Infintrations in Obedience to the King with a very good Conscience because without our Consent If it be said this would be a Contradiction to the Doctrine of our Church by Law established so I take the Declaration to be And if we may read the Declaration contrary to Law because it does not imply our Consent to it so we may Popish Homilies for the bare Reading them will not imply our Consent no more than the Reading the Declaration does But whether I consent to the Doctrine or no it is certain I consent to teach my People this Doctrine and it is to be considered whether an honest Man cand do this Thirdly I suppose no Man will doubt but the King intends that our Reading the Declaration should signifie to the Nation our Consent and Approbation of it for the Declaration does not want Publishing for it is sufficiently known already but our Reading it in our Churches must serve instead of Addresses of Thanks which the Clergy generally refused though it was only to Thank the King for his Gracious Promises renewed to the Church of England in His Declaration which was much more innocent than to publish the Declaration it self in our Churches This would perswade one that the King thinks our Reading the Declaration to signifie our Consent and that the People will think it to be so And he that can satisfie his 〈◊〉 to do an Action without Consent which the Nature of the Thing the Design and intention of the Command and the Sense of the People expound to be a Consent may I think as well satisfie himself with Equivocations and mental Reservations There are two things to be answered to this which must be considered 1. That the People understand our Minds and see that this is Matter of Force upon us and meer Obedience to the King To which I answer 1. Possibly the People do understand that the Matter of the Declaration is against our Principles But is this any Excuse that we read that and by Reading recommend that to them which is against our own Consciences and Judgments Reading the Declaration would be no Fault at all but our Duty whâ—â— the King commands it did we approve of the Matter of it but to consent to teach our People such Doctrines as we think contrary to the Laws of God or the Laws of the Land does not lessen but aggravate the Fault and the People must be very good natured to think this an Excuse 2. It is not likely that all the People will be of a Mind in this Matter some may excuse it others and those it may be the most the best and the wifest Men will condemn us for it and then how shall we justifie our selves against their Censures when the World will be divided in their Opinions the plain way is certainly the best to do what we can justifie our selves and then let Men judge as they please No Men in England will be pleased with our Reading the Declaration but those who hope to make great Advantage of it against us and against our Church and Religion others will severely condemn us for it and censure us as false to our Religion and as Betrayers both of Church and State and besides that it does not become a Minister of Religion to do any thing which in the Opinion of the most charitable Men can only be excused for what needs an Excuse is either a Fault or looks very like one besides this I say I will not trust Mens Charity those who have suffered themselves in this Cause will not excuse us for fear of suffering those who are inclined to excuse us now will not do so when they consider the thing better and come to feel the ill Consequences of it when our Enemies open their Eyes and tell them what our Reading the Declaration signified which they will then tell us we ought to have seen before though they were not bound to see it for we are to guide and instruct them not they us II. Others therefore think that when we read the Declaration we should publickly profess that it is not our own Judgment but that we only Read it in Obedience to the King and then our Reading it cannot imply our Consent to it Now this is only Protestatio contra sactum which all People will laugh at and scorn us for for such a solemn Reading it in time of Divine Service when all Men ought to be most grave and serious and far from dissembling with God or Men does in the Nature of the thing imply our Approbation and should we declare the contrary when we read it what shall we say to those who ask uâ— why then do you read it But let those who have a mind to try this way which for my part I take to be a greater and more unjustifiable Provocation of the King than not to read it and I suppose those who do not read it will be thought plainer and honester Men and will 〈◊〉 as well as those who read it and protest against it and yet nothing less than an express Protestation against it will salve this Matter for only to say they read it meerly in Obedience to the King does not express their Dissent It signifies indeed that they would not have read it if the King had not commanded it but these Words do not signifie that they disapprove of the Declaration when their Reading it though only in Obedience to the King signifies their Approbation of it as much as Actions can signifie a Consent let us call to mind how it fared with those in King Charles the First 's Reign who read the Book of Sports as it was called and then preached against it To return then to our Arguments if Reading the Declaration in our Churches be in the Nature of the Action in the Intention of the Command in the Opinion of the People an interpretative Consent to it I think my self bound in Conscience not to read it because I am bound in Conscience not to approve it It is against the Constitution of the Church of England which is established by Law and to which I have subscribed and therefore am bound in Conscience to Teach nothing contrary to it while this Obligation lasts It is to teach an unlimitâ—d and universal Toleration which the Parliament in 72. Declared illegal and which has been condemned by the Christian Church in all Ages It is to teach my People that they need never come to Church more but have my free Leave as they have the King 's to go to a Conventicle or Mass It is to teach the Dispencing Power which alters what
the Face to turn them again upon you after they have made all this Noise for Liberty And the Church of England you may be assured will not any more trouble you but when a Protestand Prince shall come will joyn in the Healing of all our Breaches by removing all things out of the way which have long hindred that blessed Work They cannot meet together in a Body to give you this Assurance how should they without the Kings Authority so to do but every particular Person that I have discoursed withal which are not a few and you your selves would do well to ask them when you meet them profess that they see an absolute Necessity of making an end of these Differences that have almost undone us and will no longer contend to bring all Men to one Vniformity but promote an Vniform Liberty Do not imagine I intend to give meer Words I meâ—n honestly such a regular Liberty as will be the Beauty and Honour not the Blot and Discredit of our Religion To such a Temper the Archbishop of Canterbury with several other Bishops of his Province and their Clergy have openly declared they are willing to come And the Bishops and Clergy of the Church of England have never been know to act deceitfully Our Religion will not at any time allow them to equivecate nor to give good VVords without a Meaning much less at such a time as this when our Religion is in great danger and we have nothing to trust unto but Gods Protection of sincere Persons Let Integrity and Vprightness preserve us is their constant Prayer They can hope for no Help from Heaven if they should prevaricate with Men. God they know would desert them if they should go about to delude their Brethren And they are not so void of common Sense as to adventure to incur his most high Displeasure when they have nothing to rely upon but his Favour In short Trust to those who own you for their Brethren as you do them for though they have been angry Brethren yet there is hope of Reconciliation between such near Relations But put no Confidence in those who not only utterly disown any such Relation to you but have ever treated you with an implacable Hatred as their most mortal Enemies unto whom it is impossible they should be reconciled Prov. 12.19 20. The Lips of Truth shall be established for ever but a lying tongue is but for a mâ—ment Lying Lips are an Abomination to the Lord but they that deal truly are his Delight Abby and other Church-Lands not yet assured to such Possessors as are Roman Catholicks Dedicated to the Nobility and Gentry of that Religion SInce it is universally agreed on that so great a Matter as the total Alienation of all the Abby-Lands c. in England can never be made legal and valid and such as will satisfie the reasonable Doubts and Scruples of a religious and conscientions Person except it be confirm'd by the Supreme Authority in this Church t is evident that the Protestants who assert the Church of England to be Autokephalos and such as allows of no Foreign Jurisdiction or Appeals having had these Lands confirmed to them by the King as Head of the Chuech the Convocation as the Church Representative and by the King and Parliament as the Supreme Legislative Power in this Realm have these Alienations made as valid to them as any Power on Earth can make them but the Members of the Church of Rome who maintain a Foreign and Supreme Jurisdiction either in a General Council or in the Bishop of Rome or both together cannot have these Alienations confirm'd to them without the Consent of one or both of these Superior Jurisdictions If therefore I shall make it appear that these Alienations in England were never confirm'd by either I do not see how any Roman Catholick in England can without Sacriledge retain them and his Religion together As to the first of these since there hath been no Council from the first Alienation of Abby-Lands in England to this Day that pretends to be general but that of Trent we need only look into that for the Satisfaction of such Roman Catholicke as esteem a General Council above the Bishop of Rome And I am sure that that Council is so far from confirming these Abby-Lands to the present Possessors that it expresly denounceth them accursed that detain them Sess 22. Decret de Ref. Cap. 11. Si quem c. If Covetousness the Root of all Evil shall so far possess any Person whatsoever whether of the Clergy or Laity though he be an Emperor or a King as that by Force Fear or Fraud or any Art or Colour whatsoever he presume to convert to his own Use and usurp the Jurisdiction Goods Estates Fruits Profits or Emoluments whatever of any Church or any Benefice Secular or Regular Hospital or Religious House or shall hinder that the Profits of the said Houses be not received by those to whom they do of right belong let him lie under an Anathema till the said Jurisdiction Goods Estates Rents and Prosits which he hath possessed and invaded or which have come to him any manner of way be restored to the Church and after that have Absolution from the Bishop of Rome So great a Terror did this strike into the English Papists that were Possessors of Church-Lands against whom this Anathema seems particularly directed that many of the zealous Papists began to think of Restitution and Sir William Peters notwithstanding his private Bull of Absolution from Pope Juâ—â—us the Fourth was so much startled at it as that the very next Year he endowed eight new Fellowships in Exeter-Colledge in Oxford Again the same Council Sess 25. Decret de Râ—f c. 2 â— Cupiens Sancta Synodus c. Decreeth and commandeth that all the Holy Ca 〈◊〉 and General Councils and Apostolick Sanctions in Favour of Ecclesiastical Persons and the Liberties of the Church and against those that violate them be exactly observed by eveâ—y 〈◊〉 and doth farther admonish the Emperor Kings Princes and all Persons of what Estate soever that they would observe the Rights of the Church as the Commands of God and defend them by their particular Patronage nor suffer them to be invaded by any Lords or Gâ—ntlemen whaâ—soever but severely punish all those who hinder the Liâ—â—wâ—â—ies Immâ—â—ities and Jurildictions of the Church and that they would imitate those excellent Princes who by their Authority and Bounty encreased the Revenues of the Church so far were they from suffering them to be invadâ—â— and in this let every one sedulously perform his part c. And now after so full and express Declaration of the Council of Trent I do not â—â—e how any of those Râ—man Catholicks who esteem a general Council to be the Supreme Authority in the Church and receive the Trent Council as such can any way excuse themselves in point of Conscience from these heavy Curses that are there denounc'd against all those
that detain Church-Lands especially since the Papists themselves â—ehâ—mently accuse King Henry the eighth for sacrilegiously robbing of Religious Houses and seising of their Lands a great pâ—â—t of which Lands are to this very day possess'd by Papists Now though there may be some Plea for the Popes Authority in the interim of a general Council and in such things wherein they have made no determination yet in this matter there is no colour for any pretences since the Council of Trent was actually assembled within sew years after these Alienations and expresly condemned the possessors of Abby Lands and after all this was all consirm'd and ratified by the Pope himself in his Bulla Super conf gen Concil Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See as to this matter in the Consirmation of the Trent Council yet because there be some that magnifie the Popes extravagant and unlimited power over the Church and pretend that he confirm'd the Abby-Lands in England to the Lay-possessors of them I shall shew Secondly That the Pope neither hath nor pretends to any such Power nor did ever make use of it in this matter under debate only I shall premise that whereas some part of the Canon Law seems to allow of such particular alienations as are made by the Clerks and Members of the Church with the consent of the Bishop yet such free consent was never obtained in England and as to what was done by force fraud and violence is of so little moment as to giving a legal Title that even the alienations that were made by Charles Martell who is among the Papists themselves as infamous for Sacriledge as King Henry the Eighth yet even his Acts are said to be done by a Council of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the infallible Pope Damasus in the Canon-Law Caus 12.9.2 c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppese any such Alienations and again require the Lands and Profits so Alienated So that here we have a full and express Determination of the infallible See And tho in Answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their Courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon Law is become the whole Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull presixed before the Canon-Law A. D. 1580. for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had Power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Lond. A. D. 1629. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirm them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards the effecting this had this express limitation Salvo tamen in his quibus propttr renem magnitudinem gravitatem haec Sancta sedes merito tibi videtur consulenda nostro prefatae sedis beneplacito confirmatione i. e. Saving to us in these matters in which by reason of their weight and greatness this Holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the Ambassadors that were sent to Rome the next Spring Viz. Viscount Moitecute Bishop of Ely and Sir Edward Carn These being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not valid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both died before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these words After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby Lands c. Secondly a Bull of the same Pope to Sir Will Peters Thirdly The Decrees of Cardinal Peol and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may easily be denied Nor can it be imagined that a Journal of Lay-persons that were parties concerned or a private Bull to Sir Will Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby Lands in England shall come to be disputed especially if it be observed that this very Journal of the House of Commonâ— is
any thing clause or sentence in the said Act contained to the contrary â—â—ithstanding Sect. 3. Provided always and it is hereby Enacted That neither this Act nor any thing herein conâ—â—ined shall extend or be construed to ravive or give Force to the said Branch of the said Statute wade in the said First Year of the Reign of the said Late Queen Elizabeth mentioned in the said Act if Parliament made in the Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth scall stand and be Repealed in such sort as if this Act had never been made Sect. 4. Provided always and it is hereby Enacted That it shall not be lawful for any Arch-bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Judge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to Tender or Administer unto any Person whatsoever the Oath usually called Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or herself of any Criminal matter or thing whereby he or she may be liable to Censure or Punishment any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Sect. 5. Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch Bishop Bishop or any other Spiritual or Ecclesiastical Judge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or Determine any Ecclesiastical Jurisdiction Censure or Coertion which they might not by Law have done before the Year of our Lord 1639. 2. Nor to abridge or diminish the Kings Majesties Supremacy in Ecclefiastical Matters and Affairs nor to confirm the Canons made in the Year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or enacted by Parliament or by the established Laws of the Land as they stood in the Year of our Lord 1639. From the Title of the Act and the Act it self considered I gather First That it is an Explanatory Act of the 17th of Car. 1. as to one particular Branch of it and not introductive of any new Law Secondly That the Occasion of making it was not from any Doubt that did arise VVhether the High Commission Court were taken away or whether the Crown had Power to erect any such like Court for the future but from a Doubt that was made that all ordinary Power of Coertion and Proceedings in Causes Ecclefiastical was taken away whereby Justice in Ecclesiastical Matters was obstructed and this Doubt did arise from a Clause in 17 Car. 1. ca. 11. Sect. 4. herein mentioned to be recited in the said Act of 13 Car. 2. ca. 12. Thirdly That this Statute of 13 Car. 2. ca. 12. as appears upon the Face of it was made to the intent the ordinary Jurisdiction which the Bishops and other Ecclesiastical Persens had always exercised under the Crown might not be infringed but not to restore to the Crown the power of Delegating the Exercise of Ecclesiastical Jurisdiction by Letters Patents to Lay persons or any others and as to this nothing can be plainer than the VVords of the Act it self Sect. 2. Whereby 17 Car. 1. is repealed but takes particular care to except what concerned the High Commission Court or the new Erection of some such Court by Commission Neither did the Law-makers think this Exception in that Statute of 13 Car. 2. ca. 12. Sect. 2. to be sufficient but to put the Matter out of all doubt in the Third Section of the same Statute It is provided and Enacted That neither that Act nor any thing therein contained should extend or be construed to revive or give force to the Branch of 1 Eliz. 1. Sect. 18. but that the same Branch shâ—â—â— stand absolutely Repealed And if so then the power of the Crown to delegate the Exercise of Ecclesiastical Jurisdiction is wholly taken away for it was vested in the Crown by 1 Eliz. 1. and taken away by 17 Car. 1. ca. 11. and is in no manner restored by 13 Car. 2.12 or any other But there may arise an Objection from the VVords in the Statute of 13 Car. 2. ca. 12. that saith That that Act shall not extend to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs VVhence some Men would gather that the same power still remains in the Crown that was in it before 17 Car. 1. ca. 11. To which Objection I give this Answer That every Law is to be so constructed that it may not be Felo de se and that for the Honour of the Legislators King Lords and Comment Now I would appeal to the Gentlemen themselves that assert this Doctrine VVhether they can so construe the Act of 13 Car. 2. ca. 12. as they pretend to do without offering Viâ—lence to their own Reason For when the 1 Car. 1. ca. 11. had absolutely repealed the Branch of 1 Eliz. 1. that vested the power in the Crown of Delegating the Exercise of Ecclesiastical Jurisdiction and Enacts That no such Commission shall be for the future and the Act of 13 Car. 2. ca. 12. Repeals the 17 Car. 1. ca. 12. except what relates to that particular Branch there can no more of the Kings Supremacy in Ecclesiastical Matters and Affairs be saved by the saving in the 13 Car. 2. ca. 12. but what was left in the Crown by 17 Car. 1. ca. 11. And now I hope I have sufficiently evinced That all the Proceedings before the Ecclesiastical Commissioners are CORAM NON JVDICE and therefore have sufficient Reason to believe That the same would never have been set on foot by his present Majesty who had always the Character of JAMES the Just and hath promised upon his Royal VVord That he will invade no Mans Property had he not been advised thereunto by them who are better versed in the Canons of the Church of ROME than in the Laws that relate to the CROWN and CHURCH of ENGLAND A LETTER Writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate Giving an Account of the Prince and Princes of Orange's Thoughts concerning the Repeal of the Test and the Penal Laws SIR I Am extream sorry that my ill health hath so long hindred me from Answering those Letters in which you so earnestly desired to know of me what their Highnesses thoughts are concerning the repeal of the Penal Laws and more particularlarly of that concerning the Test I beg you to assure your self that I will deal very plainly with you in this matter and without reserve since you say that your Letters were writ by the King's knowledge and allowance I must
C. Subjects all the Priviledges of their other Subjects only they are kept by a Test from having any share in the Government which is truly a Kindness done them considering that ill-natured humour of destroying all those that differ from them which is apt to break out when that Religion is in Power Now the 〈◊〉 of England may justly expect all sort of Protection and Countenance from the Succeâ—â—â—◠〈…〉 it's their Turn to give it they have a legal Right to it and impartial Dissenters 〈…〉 â—â—â—ledge that of late they have deserved it But as 〈…〉 Protestant Dissenters I think no honest Man amongst them will apprehend that their 〈…〉 who keep their Word to their Popish Enemies will break it to Protestant Subject◠〈…〉 from the publick Establishment The next thing I am to make good is That his Highnesses Education must have infused such Principles as side with his Interest There must be a fatal Infection in the English Crown if Matters miscarry in his Highnesses Hands his Veins are full of the best Protestant Blood in the VVorld The Reformation in France grew up under the Conduct and Influence of Coligni Prince William founded the Governmtnt of the United Netherlands on the Basis of Property and Liberty of Conscience his Highness was bred and lives in that State which subsists and flourishes by adhering steadily to the Maxims of its Founder He himself both in his publick and private Concerns as well in the Government of his Family and of such Principalities as belong to him as in that of the Army and in the Dispensing of that great Power which the States have given him has as great regard to Justice Vertue and true Religion as may compleat the Character of a Prince qualified to make those he governs happy It does not indeed appear that their Highnesses have any share of that devouring Zeal which hath so long set the VVorld on Fire and tempted thinking Men to have a Notion of Religion it self like that we have of the ancient Paradice as if it had never been more than an interced Blessing but all who have the Honour to know their Highnesses and their Inclinations in Matters of Religion are fully satisfied they have a truly Christian Zeal and as much as is consistent with Knowledge and Charity As to his Highnesses Circumstances they will be such when his Stars make way for him as may convince our Scepticks that certain persons times and things are prepared for one another I know not why we may not hope that as his Predecessors broke the York of the House of Austria from off the Neck of Europe The Honour of breaking that of the House of Bourbon is reserved for him I am confident the Nation will heartily joyn with him in his just Resentments Resentments which they have with so much Impatience long'd to find and have missâ—d with the greatest Indignation in the Hearts of their Monarchs His Highness has at present a greater Influence on the Councils of the most part of the Princes of Christendom than possibly any King of England ever had And this acquired 〈…〉 weight of his own personal Merit which will no doubt grow up to a glorious Authority when it is cloathed with Sovereign Power May I here mention to lay the Jealousies of the most unreasonable of your Friends that his Highness will have only a borrowed Title which we may suppose will make him more cautious in having Designs at Home and his wanting Children to our great Misfortune will make him less solicitous to have such Designs But after all it must be acknowledged that in Matters of this Nature the Premises may seem very strong and yet the Conclusion not follow Humane Infirmities are great Temptations to Arbitrariness are strong and often both the Spirit and Flesh weak Such fatal Mistakes have been made of late that the Successors themselves may justly pardon Mens jealousies A VVidow that has had a bad Husband will cry on her VVedding-day though she would be married with all her Heart But I am confident you will grant to me that in the Case of the present Successors the Possibilities are as remote and the Jealousies as ill grounded and that there is as much to ballance them as ever there was to be found in the prospect of any Successors to the Crown of England Now may I add To conclude the Reasons that I have given you why we may depend on their Highnesses that I know considerable Men who after great Enquiry and Observation do hope that their Highnesses being every way so well qualified for such an end are predestinated if I may speak so to make us happy in putting an end to our Differences and in fixing the Prerogative and in recovering the Glory of the Nation which is so much sunk and which now when we were big with Expectations we find sacrificed to unhappy partialities in matters of Religion The last thing you desire to know is What Effect this Letter has had But it is not yet old enough for me to judge of that I can better tell you what Effects it ought to have I find the moderate wise Men of all Perswasions are much pleased with it I know Roman Catholiks that wish to God Matters were setled on the Model given in it they see the great Difficulty of getting the Test Repealed And withal they doubt whether it is their Interest that it should be repealed or not They fear needy violent Men might get into Employments who would put his Majesty on doing things that might ruine them and their posterity They are certainly in the right of it It is good to provide for the worst A Revolution will come with a VVitness and its like it may come before the Prince of Wales be of Age to manage an unruly Spirit that I fear will accompany it Humane Nature can hardly digest what it is already necessitated to swallow such provocations even alters mens Judgments I find that Men who otherways hate severity begin to be of Opinion that Queen Elizabeths Lenity to the R. C's proves now Cruelty to the Protestants The whole Body of Protestants in the Nation was lately afraid of a Popish Successor and when they reflected on Queen Maries Reign thought we had already sufficient Experience of the Spirit of that Religion and took Self preservation to be a good Argument for preventing a second Tryal But now a handful of Roman Catholicks perhaps reflecting on Queen Elizabeths Reign are not it seems afraid of Protestant Successors But if some Protestants at that time from an Aversion to the Remedy hop'd that the Disease was not so dangerous as it proves I am confident at present all Protestants are agreed that henceforward the Nation must be saved not by Faith And therefore I would advise the R. C's to consider that Protestants are still Men that late Experiences at home and the Cruelties of Popish Princes abroad has given us a very terrible Idea of their Religion That
time be safely conducted thither Nor can I avoid pleasing my self with those joyful and hopeful thoughts when I reflect upon the various steps of Divine Providence by which they are brought into that nearness of legally inheriting these Crowns Certainly there is a voice that speaketh loud to this purpose not only in Gods denying a Legitimate Issue to the Late King and in his taking away from time to time all the Lawful Male Off-spring of his present Majesty but in the uniting their Highnesses in Marriage even to the crossing a certain Persons Inclinations whom I forbear to Name as well as to the disgusting of a Neighbouring Monarch and to the defeating the busie endeavours of the Popish Party But I must return to our Author whose Injustice to their Highnesses and his malice against their Honour Interest and Reputation knows neither end nor bounds For upon Monsieur Fagel's having ask'd Who would go about to advise him or any man else to endeavour to perswade their Highnesses whom God has so far honoured as to make them Defenders of his Church to approve and promote things so dangerous and hurtful both to the Reformed Religion and to the publick safety as the Repealing of the Test Laws would be our Author does hereupon with his wonted Friendship Equity and Candor to those Excellent Princes tells us that he hath not met with so bold a Declaration as this of calling them the Protectors of Gods Church and that the ascribing it to them is a detracting from the Honour of Kings and Monarchs who will not Abdicate from themselves to any other so glorious a Title And in pursuance of his rancour towards their Highnesses he runs out in his way of Wit and Learning into a most silly and impertinent Discourse about the Nature of a Church and accuseth the Prince and Princess as if by having this Character conferred upon them they had a design to usurp from his Majesty of Great Brittain the stile of Defenders of the Faith and to challenge to themselves the being the Protectors of the Church of England Surely this Gentleman does by vertue of his Popish Zeal and Irish Understanding believe that no Titles are due to Princes in reference to the Church of God but what are derived from the Papal Chair Whereas I dare say that Monsieur Fagel in bestowing this Title upon Their Highnesses did not dream of the Roman Pontif but had been taught it by God Almighty whom I take to be the Supream and true Fountain of Honour who is pleased to character such Princes as do cherish and favour his Church by the Name of Nursing Fathers and Nursing Mothers which is the term that the Pensionary useth in reference to their Highnesses And as it is their own merit which according to the Tenor of the Divine Creation hath entitled them to this glorious stile so they are neither to be ridicul'd nor hectored out of that duty of countenancing and supporting the Reformed Religion nor to be deterred by bold and empty words from those compassionate generous and Princely Offices to sincere Orthodox Believers by which they have deserved it And while others glory in the enjoyment of the Titles of most Christian and most Catholick Kings which their Vassalage to the See of Rome their contributing to the Exaltation of the Triple Crown and their being the Popes Executioners in the shedding the Blood of Saints hath procured unto them 't is enough for their Highnesses to be by the Suffrage of all true Protestants and that agreeably to the Doctrine and Authority of the Sacred Scriptures had in esteem and reverenced for Nutritii and Protectors of Gods Church Nor do they appropriate this stile to themselves tho' they account it the brightest among all their Titles but they acknowledge it to belong equally to many others and are afflicted at nothing more than that all Potentates may not justly claim a share in it And as the Pensionary's ascribing it unto their Highnesses was out of no design to usurp upon the King of Englands Title of Defender of the Faith nor to affix any Authority unto them over that Church so it will be no presumption to add that all of the Reformed Religion in that Kingdom how much soever differing in little and circumstantial things among themselves are yet so far sensible of the obligations they are under to Their Highnesses and of the benefits they have all the Assurance to expect from them hereafter that without meaning ill either to the King or to any one else they will unanimously join in stiling them Defenders of the Christian Reformed Faith and Protectors of Gods Church professing the Protestant Religion And they will easily know with whom they are to be angry and against whom to direct their Resentments Mijn Heer Fagel had said that if the Dissenters cannot during his Majesties Reign be eased from the Penal Laws unless the Tests be also abrogated that this will be an unhappiness unto them but for which the Roman Catholicks are only to be blamed who chuse rather to be contented that they and their Posterity should remain still obnoxious to the Penal Laws and exposed to the hatred of the whole Nation than be restrained from a capacity of attempting any thing against the peace and security of the Reformed Religion Our Author whose envy and injustice against Their Highnesses is not yet fully spent doth in his imprudent and indiscreet way obtrude from hence upon the World that the Nonconformists as well as the Roman Catholicks may hereby see where their true Interest stands and that they are extreamly obliged to those in whose Name this advice is given for the Consolation afforded them in the condition under which they are stated by Law Which is as much as if he should harangue the Nonconformists into discontentment against the Prince and Princess by assuring them that they are to hope for no relief against the Penal Laws by any favour of theirs Whereas the Dissenters are not only told that their Highnesses are willing to consent but that they do fully approve that they should have an entire Liberty for the full exercise of their Religion without being obnoxious to receive any prejudice trouble or molestation upon that account So that the heat which our Author would enflame the Dissenters unto against their Highnesses ought to turn and spend it self against the Papists who rather than part with the Tests which the Nonconformists are as much concerned to have maintained as they of the National Communion can be are resolved to keep all the Penal Laws in force and to leave the Dissenters under the dread and apprehension of them But this they may be fully perswaded of that if they can escape the edge of them during this Kings Reign they will be in no danger from them in case the Nation come once to be so happy as to see their Highnesses seated on the Throne For as much as they have not only their word which was hitherto
while ago to see connived at in the exercise of their Worship in private Houses are allowed now to practise their Idolatry openly in our chief Towns and in the Metropolitan City of the Kingdom to usurp the publick Churches and Cathedrals Those Catholick Gentlemen whom heretofore it was matter of surprise to see countenanced with the private Favour of the Prince are now advanced to the supream Commands in the Army and the principal Trust in Civil Affairs The Recusant Lords whose enlargement out of the Tower we could not but look upon as an unpresidented Violation both of the Laws of the Land and of the Rights and Jurisdiction of Parliament being committed thither by the Authority of the House of Lords upon a Charge and Impeachment of High Treason by the Commons of England in Parliament assembled were now honoured to be Members of the Privy Council and exalted to be chief Ministers of State They whom the Statutes of the Realm make subject to the severest Penalties for Apostacy to Rome are not only protected from the edg of the Laws but maintained in Parochial Incumbencies and Headships of Colledges Our Orthodox Clergy are not only inhibited to preach against Popery but are illegally Reprimanded Silenced and Suspended for discharging that Duty which their Consciences Offices Oaths and the Laws of the Kingdom oblige them unto And such whom neither the Ecclesiastical nor Westminster Courts can arraign and proceed against we have a new Court of Inquisition erected for the adjudging and punishing of them So that it is not the Dissenters who are the only Persons to be struck at and ruined but the Conformists are to be treated after the same manner and to share in the common Lot whereunto all honest and sincere Protestants are destined and designed Even they who were the Darlings of Whitehall and St. Jameses and recompensed with Honours and Titles for betraying the Rights and Priviledges of Corporations persecuting Dissenters and heading Addresses wherein Parliaments were reproached the Course of Justice against Popish Offenders was slandered the illegal and arbitrary procedures of the Court applauded and justified and all that were zealous for our Laws and Liberties stigmatized with the names of Villains and Traitors are now themselves for but discouraging Popish Assemblies and attempting to put the Laws in execution against Priests who had publickly celebrated Mass not only check'd and rebuked but punished with Seisure and Imprisonment Nor are our Religion and Civil Liberties meerly supplanted and undermined by illegal Tricks glossed over with the Varnish of judicial Forms but they are assaulted and battered in the face of the Sun without so much as a palliation to give their procedures a plausible figure And the King being brought to a despair of managing the Parliament to his barefaced Purpose of Popery and Arbitrariness and of prevailing with them to establish Tyranny and Idolatry by Law notwithstanding their having been as industriously pack'd and chosen to answer such a Design as Art Bribery and Authority could reach and notwithstanding their having been obsequious in their first Session to an excess that has proved unsafe to themselves and the Nation he became resolved not to allow them to meet any more but to set up a-la-mode de France and to his personal Commands seconded with the Assent of his durante-beneplacito-Judges to be acknowledged and obeyed for Laws So that they who were formerly seduced into a good Opinion of him are not only undeceived but provoked to warm Resentments for having had their credulity and easiness of belief so grosly abused And as the converting so vast a number of well-meaning but wofully deluded People who had suffered themselves to be hoodwink'd and fatally hurried to betray their Religion Country and Posterity to the Ambition and Popish Bigottry of the Court was a design becoming the Compassion Mercy and Wisdom of God so the Method's and Means whereby they are come to be enlightned and proselyted are a signal vindication of the Sapience and Righteousness of God in all those tremendous steps of his Providence by which our Enemies have been emboldned to detect and discover themselves For though their continuing so long to have a good opinion of the present King and their abetting him so far in the undermining our Religion and invading our Liberties may seem to have proceeded not so much from their Ignorance as from their Obstinacy and Malice yet God who penetrates into the Hearts of Men may have discovered some degrees of sincerity in their Pretentions and Carriages though accompanied with a great deal of folly and unmanliness Nor are the Lords ways like to ours to give Persons over as unteachable and irreclaimable upon their withstanding every measure of Light and the resisting even those Means which were sufficient and proper for their Conviction but he will try them by new and extraordinary Methods and see whether Feeling and doleful Experience may not convert those upon whom Arguments and Moral Evidence could make no impressions And there being among those formerly misled and deluded Protestants many who retained a Love for their Country a Care for their Posterity and a Zeal for the Gospel and Reformed Religion even when their Actions imported the contrary and seem'd to betray them the singling and weeding out such from among the Court-Faction and Party is a compensation both for the defeatment of all endeavours for the prevention of the Evils that have overtaken us and for the Distresses and Calamities under which we do at present lie and groan And if there be joy in Heaven upon the conversion of a Sinner with what thankfulness to God and joy in themselves should they who have so many years wrestled against the encroachments of Popery and Arbitrariness and who have deeply suffered in their Names Persons and Estates upon that account welcome and embrace their once erring and misled but now enlightned reclaimed and converted Brethren And in stead of remembring or upbraiding them with the opposition and rancour which they expressed against our Persons Principles and Ways let there be no Language heard from us but what may declare the joy we have in our selves for their conversion and the entire trust and confidence which we put in them The first Duty incumbent therefore upon Dissenters towards those of the Church of England is to believe that notwithstanding there have been many of them so long Advocates and Partisans for the Court through ignorance of what was aimed at and intended they are nevertheless as really concerned as any others and as truly zealous for the preservation of the Protestant Religion and for maintaining the legal Rights and Liberties of the Subject and when occasion shall offer will approve themselves accordingly 'T is a ridiculous as well as a mischievous Fancy for one Party to confine all Religion only to themselves or to circumscribe all the ancient English Ardor for the common Rights of the Nation to such as are of their particular Fellowship and Perswasion
Establishment yet all other Protestants may very rationally promise themselves an Indulgence and that not only from the Mildness and compassionate Sweetness of her Temper but from the Influence which the Prince her Husband will have upon her who as he is descended from Ancestors whose Glory it was to be the Redeemers of their Country from Papal Persecution and Spanish Tyranny so his Education Generosity Wisdom and many Heroick Vertues dispose him to embrace all Protestants with an equal Tenderness and to erect his Interest upon the being Head and Patron of all that profess the Reformed Religion Had the late Duke of Monmouth been victorious against the Forces of the present King and inabled to have wrested the Scepter out of his Hand though all Protestants might thereupon have expected and would certainly have enjoyed an equal freedom without the liableness of any party to Penal Laws for matters of Religion yet he would have been careful and I have reason to believe that it was his purpose to have had the Church of Eng. preserved and maintained and that she should have suffered no alteration but what would have been to her Strength and Glory through an enlargement of the Terms of her Communion and what would have been to the Praise of her Moderation and Charity through her being perswaded to bear with such as differ from her in little things and could not prevail with themselves to partake with her in all Ordinances Upon the whole it is both the prudence and safety of Dissenters as they would escape Extirpation themselves and have Religion conveyed down to Posterity to unite their Strength and Endeavours to those of the Church of England for the upholding her against the assaults of Popish Enemies who pursue her Subversion As matters have been circumstanced and stated in England there hath not been an Affront or Injury offered or done unto her by the Court which did not at the same time reach and wound the Dissenters 'T is not her being for Episcopacy Ceremonies and imposed Set-Forms of Worship the things about which she and the Nonconformists differ that she hath been not long since maligned and struck at by the Man in Power and his Popish functo but it is for being Protestant Reformed and Orthodox Crimes under the Guilt whereof Dissenters were equally concerned and involved Being therefore in opposition to the common Cause of Religion that the late Court of Inquisition was erected over her Ecclesiasticks all Protestants jointly resented the Wrongs which she sustain'd and not only to sympathize with those dignified and lower Clergy which were called to suffer but to espouse her Quarrel with the same warmth that we would our own And as we are to look upon those of the Episcopal Communion to be the great Bulwark of the Protestant Religion and Reformed Interest in England so it was farther incumbent on Dissenters towards them and a Duty which they owe to God the Nation and themselves not to be accessary to any thing through which the legal Establishment of the Church of England might have been by an Act of pretended Regal Prerogative weakned and supplanted I never counsel the Dissenters to renounce their Principles nor to participate with the Prelatical Church in all Ordinances on the Terms to which they have straitned and narrowed their Communion For while they remain unsatisfied of the lawfulness of those Terms and Conditions they cannot do it without offending God and contracting Guilt upon their Souls nor will they of the Church of England in Charity Justice and Honesty expect it from them For whatsoever any Man believeth to be Sin it is so to him and will by God be imputed as such till he be otherwise enlightned and convinced nor are the Dissenters to be false and cruel to themselves in order to be kind and friendly to them But that which I would advise them unto is that after the maintaining the highest measure of Love to the conformable Congregations as Churches of Christ and the esteeming their Members as Christian Protestant Brethren notwithstanding the several things wherein they judge them to err and to be mistaken that they would not by any Act and Transactions of theirs betray them into a Despotical Power not directly nor indirectly acknowledge any Authority paramount unto and superseding the Laws by which the Church of England is established in its present Form Order and Mode of Jurisdiction Discipline and External Worship Whatsoever Ease arrived to the Dissenters through the Kings suspending the Execution of the Penal Laws without their Address and Application they might receive it with Joy and Humility in themselves and with thankfulness to God nor was there hereby any prejudice offered on their part to the Authority of the Law or Offence or Injury given or done to the conformable Clergy Nor is it without grief and regret that the Church-men have been forced to behold the harassing spoiling and imprisonment of the Nonconformists while in the mean time the Papists were suffered to assemble to the Celebration of their Idolatrous Worship without Censure and Controul And had it been in their power to remedy it and give Relief to their Protestant Brethren they would with delight and readiness have embrac'd the occasion and opportunity of doing it But alas instead of having an advantage put into their hand of contributing to the Relief of the Dissenters which I dare say many of them ardently wish and desire they were compelled contrary to their Inclination as well as their Interest to become instrumental in persecuting and oppressing them Nor does the late King covet a better and a more legal advantage against the Conformists than that they would refuse to pursue Dissenters and decline molesting them with Ecclesiastical Censures and civil Punishments So that their condition was to be pityed and bewailed in that they were hindered from acting against the Papists though both enjoyed by Law and influenced thereunto by Motives of self-Preservation as well as by tyes of Conscience while in the mean time they were forced to prosecute their fellow-Protestants or else to be suspended and deposed and put out of their Offices and Employments And tho I believe that they would at last have more Peace in themselves and be better accepted with God in the great Duty of their Account should they have refused to disturb and prosecute their Protestant Brethren and scorn to be any longer Court-Tools for weakning and undermining the Reformed Cause and Interest yet I could not but leave them to act in this as they should be perswaded in themselves and as they judged most agreeable to Principles of Wisdom and Conscience In the interim the Dissenters have all the Reason in the World to believe that the Proceedings of the Clergy and Members of the Church of England against them were not the Results of their Election and Choice but the Effects of moral Compulsion and Necessity Nor will any Dissenter that is prudent and discreet blame them for a matter
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
have provok'd the then Duke of York's Indignation and have exposed the Party that did it to Discountenance and Disgrace The Question is not what is convenient to be done in some measure and degree and in reference to those whose Religion does not oblige them to destroy all that differ from them when they have opportunity for it but the Point in debate is who hath the legal Power of doing it and of fixing its Bounds and Limits It was never pretended that the King ought to be shut out from a Share in Suspending and Repealing Laws but that the sole Right of doing it belongs to him is what cannot be allowed without changing the Constitution and placing the whole Legislative Authority in His Majesty And as it is an Usurpation in the King to challenge it and a Treachery in English Subjects to acknowledge it so the Inconveniences that this or that Party are in the mean time exposed unto through the Laws remaining in Force are rather to be endured than that a Power of giving Ease and Relief farther than by Connivance should be confessed to reside in any one in whom the Laws of the Community have not placed it 'T is better to undergo Hardships under the Execution of unjust Laws than be released from our Troubles by a Power Usurped over all Laws For by the one the Measures of Government as well as the Rights and Privileges of a Nation are destroy'd whereas by the other only a part of the People are Afflicted and unduly dealt with While we are govern'd by Laws tho several of them may be Injust and Inconvenient yet we are under a Security as to all other things which those Laws have not made liable but when we fall under an illimited Prerogative and Absolute Power we have no longer a Title unto or a hedge about any thing but all lies open to the Lust and Pleasure of him in whom we have owned that Power to be seated A Liberty is what Dissenters have a Right to Claim and which the Legislative Authority is bound by the Rules of Justice and Duty as well as by Principles of Wisdom and Discretion to grant And I am sorry that while they stood so fair to obtain it in a Legal and Parliamentary way any of them by acknowledging a Right in another to give it and that in a manner so Subversive of the Authority of Parliaments should have rendred themselves unworthy to receive it from them to whom the Power of Bestowing it does belong Not but that a Toleration will be always due to their Principles but I know not whether the particular Men of those Principles who have by their Addresses betray'd the Kingdom may not come to be judged to have forfeited all Share in it for their Crime committed against the Constitution and the whole Politick Society Nor is there any thing more Just and Equal than that they who surrender and give away the Rights both of Legislators and Subjects should lose all Grace and Favor from the former and all Portion among the latter And how much soever some Protestant Dissenters may please themselves with the Liberty that at present they enjoy in the virtue of the two Royal Papers yet this may serve to moderate them in their Transports of Gladness that they have no solid Security for the Continuance of it For should a Parliament null and make void the Declaration for Liberty and impeach the Judges for declaring a Power vested in the King to suspend so many Laws and for forbearing upon the King's Mandat to execute them the Freedom that the Dissenters possess would immediately vanish and have much the same Destiny that the Liberty had which was granted unto them by the Declaration of Indulgence Anno 1672. Or should the Parliament be willing to grant Ease and Indulgence to all Protestants by a Bill prepared for Repealing of all the Laws formerly made against them and should only be desirous to preserve in force the Laws relating to the Oaths of Allegiance and Supremacy and the Statutes which enjoyn the Tests of whose Execution we never more wanted the Benefit in order to our Preservation from Popery and which an English Parliament cannot be supposed willing to part with at a time when our Lives Estates and Religion are so visibly threatned to be swallowed up and destroyed by the Papists In that case we may confidently believe that the King instead either of Assenting to such a Bill for separate Favor to Protestants or persevering in his Compassion and Kindness of continuing the Suspension of the Laws against Dissenters he would from an inveterate Enmity as well as from a new contracted Resentment be stirred up and enraged to the putting the Laws in Execution with greater Rigor and Severity than hath been seen or felt heretofore And all that the Addressers would then reap by the Declaration would be to undergo the furious Effects of Brutal Rage in their Persecutors and to be unpitied by the Kingdom and unlamented by their fellow Protestants Or should his Majesty in favor to his good Catholicks resolve against the Meeting of a Parliament or to Adjourn and Prorogue them whensoever he shall find that instead of confirming what he hath done they shall make null his Declaration vote his pretended Prerogative Illegal and Arbitrary and fall upon those Mercenary and Perjured Villains who have allowed him a Power transcendent to Law yet even upon that Supposal which is the best that can be made to support Mens hopes in the continuance of the present Liberty the Protestant Dissenters would have but slender Security all the Tenure they have for the Duration of their Freedom being only Precarious and depending merely upon the King's Word and Promise which there is small ground to rely upon Nor can He be true to them without being false to his Religion which not only gives Him leave to break his Faith with Hereticks but obligeth Him to it and to destroy them to boot and that both under the pain of Damnation and of forfeiting his Crown and losing his Dominions And how far the Promise and Royal Word of a Catholick Monarch is to be trusted unto and depended upon we have a modern Proof and Evidence in the Behavior of Louis de Grand towards his Reformed Subjects not only in Repealing the many Edicts made and confirmed by himself as well as his Ancestors for the free Exercise of their Religion but in the Methods he hath always observed namely to promise them protection in the profession of their Faith and practice of their Worship when he was most stedfastly resolved to subvert their Religion and was about making some fresh advance and taking some new step for its Extirpation Thus when he had firmly purposed not to suffer a Minister to continue a year in the Kingdom he at the same time published an Edict requiring Ministers to serve but three Years in one Place and not to return to the Church where they had first Officiated
commended or promised to stand by him For tho the Matter and Subject of the Arbitrary Act of him now upon the Throne be not as to every Branch of it so publickly Scandalous as some of the Arbitrary Proceedings of the late King were as relating to a Favor which Mankind hath a just Claim unto yet it is every way as Illegal being in reference to a Privilege which his Majesty hath no Authority to grant and bestow And were it not that there are many Dissenters who preserve themselves Innocent at this Juncture and upon whom the Temptation that is administred makes no Impression the World would have just ground to say that the Fanaticks are not governed by Principles but that the Measures they walk by are what conduceth to their private and personal Benefit or what lyes in a Tendency to their Loss and Prejudice And that it was not the late King's Usurping and exerting an Arbitrary and illegal Power that offended them but that they were not the Objects in whose Favor it was exercised 'T is also an Aggravation of their Folly as well as their Offence that they should revive a Practice which the Nation was grown asham'd of and whereof they who had been guilty begun to repent through having seen that all the former Declarations Assurances and Promises of the Royal Brothers which tempted to Applications of that kind were but so many Juggles peculiar to the late Breed of the Family for the deceiving of Mankind and that never one of them was performed and made good But the Transgression as well as the Imprudence of the present Addressers is yet the greater and they are the more Criminal and Inexcusable before God and Men in that they might have enjoyed all the Benefits of the King's Declaration without acknowledging the Justice of the Authority by which it was granted or making themselves the Scorn and Contempt of all that are truly Honest and Wise by their servile Adulations and their Gratulatory Scriblers unbecoming English-men and Protestants They had no more to do but to continue their Meetings as they had sometimes heretofore used to do without taking notice that the present Suspension of the Laws made their Assembling together more safe and freed them from Apprehensions of Fines and Imprisonments Nor could the King how much soever displeased with such a Conduct have at this time ventured upon the expressing Displeasure against them seeing as that would have been both to have proclaimed his Hypocrisie in saying That Conscience ought not to be constrained nor People forced in matters of mere Religion and a discovering the villainous Design in Subserviency to which the Declaration had been emitted so it were not possible for him after what he hath published to single out the Dissenters from amongst other Protestants and to fall upon all before Matters are more ripe for it might be a means of the Abortion of all his Popish Projections and of saving the whole Reformed Interest in Great Britain Neither would the Church of England-men have envied their Tranquility or have blamed their Carriage but would have been glad that their Brethren had been eased from Oppressions and themselves delivered from the grievous and dishonorable Task of prosecuting them which they had formerly been forced unto by Court-Injunctions and Commands And as they would have by a Conduct of this Nature had all the Freedom which they now enjoy without the Guilt and Reproach which they have derived upon themselves by Addressing so such a Carriage would have wonderfully recommended them to the Favor of a true English Parliament which tho it would see cause to condemn the King's Usurping a Power of Suspending the Laws and to make void his Declaration yet in gratitude to Dissenters for such a Behavior as well as in Pity and Compassion to them as English Protestants such a Parliament would not fail to do all it could to give them relief in a legal way Whereas if any thing Enflame and Exasperate the Nation to revive their Sufferings it will arise from a Resentment of the unworthy and treacherous Carriage of so many of them in this critical and dangerous Juncture But the Terms which through their Addressing they have owned the receiving their Liberty and Indulgence upon does in a peculiar manner enhance their Guilt against God and their Country and strangely adds to the Disgust and Anger which Lovers of Religion and the Laws of the Nation have conceived against them For it is not only upon the Acknowledgment of a Prerogative in the King over the Laws that they have received and now hold their Liberty but it is upon the Condition That nothing be preached or taught amongst them that may any ways tend to alienate the Hearts of the People from his Majesty's Person and Government He must be of an Understanding very near allied unto and approaching to that of an Irish-man who does not know what the Court-Sense of that Clause is and that his Majesty thereby intends that they are not to preach against Popery nor to set forth the Doctrines of the Romish Church in Terms that may prevent the Peoples being infected by them much less in Colours that may render them Hated and Abhorred To accuse the King's Religion of Idolatry or to affirm the Church of Rome to be the Apocalyptick Babylon and to represent the Articles of the Tridentine Faith as Faithful Ministers of Christ ought to do would be accounted an alienating the Hearts of their Hearers from the King and his Government which as they are in the foresaid Clauses required not to do so they have by their Addressing confessed the Justice of the Terms and have undertaken to hold their Liberty by that Tenor. And to give them their due they have been very Faithful hitherto in conforming to what the King Exacts and in observing what themselves have assented to the Equity of For notwithstanding all the Danger from Popery that the Nation is exposed unto and all the Hazard that the Souls of Men are in of being poysoned with Romish Principles yet instead of Preaching or Writing against any of the Doctrines of the Church of Rome they have agreed among themselves and with such of their Congregations as approve their Procedure not so much as to mention them but to leave the Province of defending our Religion and of detecting the Falshood of Papal Tenets to the Pastors and Gentlemen of the Church of England And being ask'd as I know some of them that have been why they do not preach against Antichrist and confute the Papal Dectrines they very gravely reply that by preaching Christ they preach against Anti-christ and that by Teaching the Gospel they refute Popery which is such a piece of fraudulent and guilful Subterfuge that I want words to express the knavery and criminalness of it What a reserve and change have I lived to see in England from what I beheld a few years ago It was but the other day that the Conformable Clergy
Fear or Courtship have enrolled themselves into the List of Addressers and under pretence of giving thanks to the King for his promise of protecting the Archbishops Bishops and Clergy and all other of the Church of England in the free exercise of their Religion as by Law established have cut the throat of their Mother at whose breasts they have suck'd till they are grown fat both by acknowledging the usurped Prerogative upon which the King assumes the Right and Authority of emitting the Declaration and by exchanging the legal standing and security of their Church into that precarious one of the Royal Word which they fly unto as the bottom of her Subsistence and trust to as the wall of her defence And as most of the Members of the Separate Societies are free from all accession to Addressing and the few that concurred were merely drawn in by the wheedle and importunity of their Preachers so they who are of the chiefest Character and greatest reputation for Wisdom and Learning among the Ministers have preserved themselves from all folly and treachery of that kind The Apostle tells us that not many wise not many noble are called which as it is verified in many of the Dissenting Addressers so it may serve for some kind of Apology for their low and sneaking as well as for their indiscreet and imprudent behaviour in this matter And it is the more venial in some of them as being not only a means of ingratiating themselves as they fansie with the King who heretofore had no very good opinion of them but as being both an easie and compendious method of Attoning for Offences against the Crown of which they were strongly suspected and a cheap and expenceless way of purchasing the pardon of their Relations that had stood actually accused of High Treason Nor is it to be doubted but that as the King will retain very little favour and mercy for Fanaticks when once he has served his Ends upon them so they will preserve as little kindness for the Papists if they can but obtain relief in a legal way And as there is not a People in the Kingdom that will be more loyal to Princes while they continue so to govern as that Fealty by the Laws of God or Man remains due to them so there are none of what Principles or Communion soever upon whom the Kingdom in its whole interest come to lye at stake may more assuredly and with greater confidence depend than upon the generality of Dissenting Protestants and especially upon those that are not of the Pastoral Order The severities that the Dissenters lay under before and their deliverance from Oppression and Disturbance now seconded with the Kings expectation and demands of thanksgiving Addresses were strong Temptations upon men void of generosity and greatness of spirit and who are withal of no great political Wisdom nor of prospect into the Consequences of Councils and Tricks of State to act as illegally in their thanks as his Majesty had done in his bounty So that whatsoever Animadversion they may deserve should they be proceeded against according to their demerit yet it is to be hoped that both they and the Addressers of the former stamp may all find room in an Act of Indemnity and that the Mercy of the Nation towards them will triumph over and get the better of its Justice As it would argue a strange and judicial infatuation should they proceed to farther excesses and think to escape the Punishment due to one Crime by committing and taking sanctuary in another thro improving their Complements into actions of Treachery so all their hope of Pardon as well as of Lenity and Moderation from a true Protestant and rightly constituted Authority depends upon their conduct and behaviour henceforward and their not suffering themselves to be hurried and deluded into a cooperation with the Court for the obtaining of a Popish Parliament All their endeavours of that kind would but more clearly detect and manifest their treachery to Religion and the Kingdom it not being in their power to out-vote the honest English part of the People so as to help the King to such a House of Commons as he desires and were it possible that thro their assistance in conjunction with violence and tricks used in Elections and Returns by the Court such a House of Commons might be obtained as would be serviceable to Arbitrary and Papal Ends yet neither the King nor they would be the nearer the compassing what is aim'd at it being demonstrable that the majority of the House of Lords are never to be wrought over to justifie this illegal Declaration or to grant the King a Power of Suspending Laws at his pleasure nor to give their Assent to a Bill for Repealing the Test Acts and the Statutes that enjoyn and require the Oaths of Allegiance and Supremacy And if they should be so far left of God and betray'd by those among themselves whom the Court hath gained as to become guilty of so enormous an act of folly and villany and should the Election of the next Parliament be the happy juncture they wait for and the improving their interest as well as the giving their own Votes for the Choice of Papists into the House of Commons be what they mean by an essential proof of their Loyalty and of the sincerity of their humble Addresses See Mr. Alsop's Speech to the King and that whereby they intend to demonstrate that the greatest thing they have promised is the least thing they will perform for his Majesties service and satisfaction as in that case they will deserve to forfeit all hopes of being forgiven so it would be an infidelity to God and Men and a cruelty to our selves and our Posterity not to abandon them as betrayers of Religion expunge them out of the Roll of Protestants strip them of all that wherein free Subjects have a Legal Right and not to condemn them to the utmost punishments which the Laws of the Kingdom adjudge the worst of Traitors and Malefactors unto There are some who thro hating of them do wish their miscarrying and offending to so unpardonable a degree that they may hereafter be furnished with an advantage both of ruining them and the whole Dissenting Party for their sakes But as the love that I bear unto them and the perswasion and belief I have of the truth of their Religious Principles do make me exceeding sollicitous to have them kept and prevented from being hurried and transported into so fatal and criminal a behaviour so I desire to make no other excuse for my plain dealing towards them but that of Solomon who tells us that faithful are the wounds of a friend while the kisses of an Enemy are deceitful and that he who rebukes a man shall find more favour afterwards than he who flattereth with the tongue POSTSCRIPT SInce the foregoing Sheets went to the Press and while they were Printing off there is come to my hands a new
Consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Tryals for High-Treason ought to be Freeholders That all grants and promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrin and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Jo. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THIS is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Jo. Browne Cleric ' Parliamentorum Die Veneris 〈◊〉 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that His Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery A PROCLAMATION WHereas it hath pleased Almighty God in his Great Mercy to this Kingdom to Vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of ORANGE whom God hath Chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of ORANGE whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and Presented the same to the said Prince and Princess of ORANGE and therein desired them to Accept the Crown who have Accepted the same Accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with a full Consent Publish and Proclaim according to the said Declaration WILLIAM and MARY Prince and Princess of ORANGE to be KING and QUEEN of England France and Ireland with all the Dominions and Cerritories thereunto belonging Who are accordingly so to be Owned Deemed Accepted and taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to Acknowledge and Pay unto them all Faith and true Allegiance Beseeching God by whom Kings Reign to Bless King WILLIAM and Queen MARY with Long and Happy Years to Reign over Vs. God Save King WILLIAM and Queen MARY Jo. Brown Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Misgovernment of King James the Seventh and filling up the Throne with King William and Queen Mary THAT King James the 7th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chapels and Churches to Publick Mass-houses contrary to the express Laws against saying and hearing of Mass 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chapel contrary to the Laws
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
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
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper