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A33842 A collection of papers relating to the present juncture of affairs in England Burnet, Gilbert, 1643-1715. 1688 (1688) Wing C5169A; ESTC R9879 296,405 451

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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 J A. 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 Iames Montgomery of Skelmerly and Sir Iohn 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 3 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 read to Their Majesties the King returned to the Commissioners the following Answer When I engaged in this Undertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word distinctly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation-OATH of England The Arch-Bishop or Bishop shall say WIll You solemnly Promise and Swear to Govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-Bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-Bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Queen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep. So help me God. Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland Faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the Landable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all Persons without exception as the Lord and Father of all Mercies shall be merciful to u● And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY FINIS a a Distinct. 19. cap. a Caus. 25. q. 1. cap. 11. b b Cap. Vergent de Hereticis c c Cap. Infam 6. q. 1. p. 297. d d Suar. de Fide disp 12. §. 9. n. ● l. 2. c. 29. e e Cap. de Haer. f f A●zo● Tom. 1. l. 8. c. 12. q. 7. g g Cap. 2. Sect. fin de Haer. in 6. h h Cap. cum secundum Legis de Haer. Inno III. cap. de Vergentis i i Vasque in Suar. disp 22. S. 4. n. 11. k k S. 1. n. 5. l l Cap. Vergent de Haer. m m Cap. ad abolendum de Ha●r Su●r Dis. 23. Bul. Vrb. 4. Inno. 4. n n Jac. de Gra. decis l. 2. c. 9. n. 2. o o Bonacina Diano Castro Molanus c. Car. Allen. ad mon. to Nobl. Peop. p. 41. p p ●riess of P. G. 13. Clem. 8. q q 5. Ies. Trial p. 28. r r Col. Lr. ●o the Intern●ncio s s Prance 's Nar. p. 4. t t Caus. Ep. p. 189. u u Five Ies. T●i●ls p. 2● x x Caput Offi●●●m y y Bon●ci●●a d● prin● prat Disp. 3. q. 2. z z Parson 's Philop. p. 109. a a Becan Cont. Aug. p. 131 132. In Fowlis p. 60. b b Oats 's Nar. p. 4. N. 5 c. c c Hist. Ref. p. 110. a a Prout Regalis Officii exposcit utilitas b b Sicome le profit de Office Demaunde The Kingly or Regal Office of this Realm Mar. Sess. 3. cap. 1. Give us a King to judg us 1 Sam. 8.5 6 20. 18 Edw. III. 20 Edw. III. Cap. 1 2. 1 Iac. 1. cap. 1. 35 H. 8. cap. 1. 6 E. 6.11.1 2 3. Om. 10. 1 El. 6. 1 El. 3. Church-man
Conscience sake If his Majesty now of Great Britain out of some deep Sense that he being a Roman Catholick cannot rule and be true to his Religion which he may suppose does oblige him to an Establishment thereof by all the ways and means of his Church though never so destructive to ours but it will be to the Hurt not Good of us who are Protestants hath been pleased to withdraw himself from his Government to make us more quiet and happy We are in all Gratitude to acknowledg his Piety Goodness and Condescention to be so much as very few of his Subjects could ever have suspected But if it be out of another Mind he hath done it We have still more Reason to bless Almighty God who does often serve his Providence by Mens Improvidence and cutting off Mens Ends from their Means he uses their Means to his own Ends when he is pleased to work Deliverance for a People as he hath at this Season so graciously and wonderfully done for Us that there is nothing more needful even to the most scrupulous Conscience than an humble and awful Acquiescence in the Divine Counsel to give Satisfaction in this Matter King IAMES the First his Opinion of a KING of a TYRANT and of the English Laws Rights and Priviledges In two Speeches The First to the Parliament 1603 the Second 1609. In his Speech to the Parliament 1603 he expresseth himself thus I Do acknowledg that the special and greatest Point of difference that is betwixt a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites The Righteous and Iust King doth by the contrary acknowledg himself to be Ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal worldly Felicity must consist in their Prosperity If you be Rich I cannot be Poor if you be Happy I cannot but be Fortunate And I protest your Welfare shall ever be my greatest Care and Contentment And that I am a Servant it is most true that as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body then as the Head is ordained for the Body a●d not the Body for the Head so must a Righteous King know himself to be ordained for his People and not his People for Him. Wherefore I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-Wealth and ever think the Prosperity thereof to be my greatest Felilicity c. In his Speech to the Parliament March 21. 1609 he expresseth himself thus IN these our Times we are to distinguish betwixt the State of Kings in the first Original and between the State of settled Kings and Monarchs that do at this Time Govern in Civil Kingdoms For even as God during the Time of the Old Testament spake by Oracles and wrought by Miracles yet how soon it pleased him to settle a Church which was Bought and Redeemed by the Blood of his only Son Christ then was there a Cessation of both He ever after governing his Church and People within the Limits of his revealed Will. So in the first Original of Kings whereof some had their beginning by Conquest and some by Election of the People their Wills at that Time served for a Law yet how soon Kingdoms began to be settled in Civility and Policy then did Kings set down their Minds by Laws which are properly made by the King only but at the Rogation of the People the King 's Grant being obtained thereunto and so the King came to be Lex loquens a speaking Law after a sort binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom Tacitly as by being a King and so bound to protect as well the People as the Laws of his Kingdom and expresly by his Oath at his Coronation So as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto according to that Paction which God made with Noah after the Deluge Hereafter Seed-time and Harvest Summer and Winter Cold and Heat Day and Night shall not cease so long as the Earth remains And ●herefore a King Governing in a settled Kingdom leaves to be a King and degener●tes into a Tyrant as soon as he leaves off to rule according to his Laws In which Case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon Either Govern according to your Law aut ne Rex ●is or cease to be King and tho no Christian Man ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunished when they transgress these Limits For in that same Psalm where God saith to Kings Vos Dii estis Ye are Gods He immediately thereafter conclude But ye shall die like Men The higher we are placed the greater shall our Fall be Vt casus sic dolor as the Fall so the Gri●f the taller the Trees be the more in danger of the Wind and the Tempest beats sorest upon the highest Mountains Therefore all Kings that are no Tyrants or Perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers and Pests both against them and the Common-Wealth For it is a great difference betwixt a King's Government in a settled Estate and what Kings in their Original Power might do in Individio vago As for my part I thank God I have ever given good proof that I never had Intention to the contrary And I am sure to go to my Grave with that Reputation and Comfort That never King was in all his Time more careful to have his Laws duly observed and himself to govern thereafter than I. That Just Kings will ever be willing to declare what they will do if they will not incur the Curse of God. I will not be content that my Power be disputed upon but I shall ever be willing to make the Reason appear of all my Doings and rule my Actions according to the Laws And afterwards speaking of the Common Law of England which some conceived he contemned saith to this purpose That as a King he had least cause of any Man to dislike the Common Law for no Law can be more favourable or advantageous for a King and extendeth further his Prerogative than it doth and for a King of England to despise the Common Law is to neglect his own Crown It is true that no Kingdom in the World but every one of them hath their own Municipal Laws agreeable to their Customs as this Kingdom hath the Common Law. Nay I am so far from disallowing the Common
to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon ●ame and defective Probation as particularly the late Earl of A●gyle are contrai● to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burg●s contrair to the Liberties and express Charters is contrair to Law. That the sending Le●ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the ●ending 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 contrair to Law. That the charging the Leiges 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 contrair 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 contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair 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 contrair 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 contrair 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 remead 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 contrair 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 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 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 sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing 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. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses
his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas We are ingaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other Bloody Men We do therefore solmnly ingage to God and to one another That if any such Attempts be made upon Him We will pursue not only those that made them but all their Adherents and all we find in Arms against Us with the utmost Seve●●ty of just Revenge in their Ruine and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage Us to carry it on with all the Vigor that so barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvous at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy-Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made inc●pable by the Establish'd Laws of our Land. 3. By destroying the Charters of most Corporations in the Land. 4. By discouraging all persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would contrary to their Consciences declare that to be Law which was meerly arbitrary 6. By branding all Men with the name of Rebels that but offered to justify the Laws in a legal Course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbiding the Subjects the benefit of Petitioning and construing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary Ends. And many more such like too long here to enumerate We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our Power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion and herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their tyrannical Insolencies and Usurpations for we assure our selves that no rational and unbyassed Person will judg it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will the Law and to resist such an one we justly esteem no Rebellion but a necessary Defence and in this Consideration we doubt not of all honest Mens Assistance and humbly hope for and implore the great God's Protection that turneth the Hearts of his People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei. The pesent restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledge Fellows is plain are but to still the people like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present storm that threatens the Papists be past assoon as they shall be resetled the former Oppression will be put on with greater vigour but we hope in vain is the Net spread in the sight of the Birds For 1. The Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho' the Popish Religion is the greatest Heresy And 2. Queen Mary's so ill observing her promises to the Suffolk-men that help'd her to her Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of NORFOLK's Speech to the Mayor of NORWICH on the First of December in the Market-place of Norwich Mr. MAYOR NOT doubting but you and the rest of your Body as well as the whole City and Country may be allarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE that we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a
they are more proper for the Gravity of an Historian or the Authority of a Parliament to handle than for a private Gentleman in a Letter to his Friend The Bishops Papers and the Prince of Orange's Declarations are the best Memoires of them but they only begin where the two parts of the History of the growth of Popery and Arbitrary Government left off and how far we may trust to Catholick Stipulations Oaths and Treaties the Facts of past and the present Age are the best Criterions and Rules to guide and determine us for what happens every day will in all probability happen to morrow the same Causes always produce the same Effects and the Church of Rome is still the same Church it was an hundred Years ago that is a Mass of Treachery Barbariety Perjury and the highest Superstition a Machine without any Principle or setled Law of Motion not to be mov'd or stop'd with the weights of any private or publick Obligations a Monster that destroys all that is Sacred both in Heaven and Earth so Ravenous that it is never content unless it gets the whole World into its Claws and tears all to pieces in order to Salvation a Proteus that turns it self into all shapes a Chameleon that puts on all Colours according to its present circumstances this day an Angel of Light to morrow a Beelzebub Amongst all the Courts of Christendom where I have conversed that of Holland is the freest from Tricks and Falsehood and tho I am naturally jealous and suspicious of the Conduct of Princes yet I could never discover the least Knavery within those Walls it appear'd to me another Athens of Philosophers and the only Seat of Justice and Vertue now left in the World. As for the Character of the Prince of Orange it is so faithfully drawn by Sir William Temple Doctor Burnet and in a half sheet lately printed that I who am so averse from Flattery that I can scarce speak a good word of any Body or think one good thought of my self will not write any further Panegerick upon his Highness only that he is a very Honest Man a Great Souldier and a Wise Prince upon whose Word the World may safely rely A late Pamphleteer reviles the Prince with breaking his Oath when he took the Stat-holder's Office upon him not considering that the Oath was impos'd upon his Highness in his Minority by a French Faction then jealous of the aspiring and true Grandeur of his Young Soul that the States themselves to whom the Obligation was made freed his Highness from the Bond and that the Necessity of Affairs and the Importunities of the People forced that Dignity upon him which his Ancestors had enjoy'd and he so well deserv'd that he sav'd the sinking Common-wealth their Provinces being almost all Surpriz'd and Enslav'd by the French compared to the gasping State of Rome after the loss at Cannae His Highness was no more puft up with this Success than he had been daunted with Hardships and Misfortunes always the same Hero Just Serene and Unchang'd under all Events an Argument of the vastness of his Mind whereas on the contrary Mutability sometimes Tyrant sometimes Father of a Country sometimes Huffing other times Sneaking is often-times a Symptom of a Mean and Cowardly Soul vile and dissolute born for Rapine and Destruction As for the Princess she may without any flattery be stiled the Honour and Glory of her Sex the most Knowing the most Vertuous the Fairest and yet the best Natur'd Princess in the World belov'd and admir'd by her Enemies never seen in any Passion always under a peculi●r sweetness of Temper extreamly moderate in her Pleasures taking delight in Working and Study humble and affable in her Conversation very pertinent in all Questions charitable to all Protestants and frequenting their Churches The Prince is often seen with her at the Prayers of the Church of England and ●he with the Prince at the Devotion of his Church She dispences with the use of the Surplice bowing to the Altar and the Name of Jesus out of Compliance to a Country that adores her being more intent upon the Intrinsick and Substantial Parts of Religion Prayer and Good Works She speaks several Languages even to Perfection entirely obedient to the Prince and he extreamly dear to her In a word She is a Princess of many extraordinary Vertues and Excellencies without any appearance of Vanity or the least mixture of Vice and upon whose Promise the World may safely depend As for the many Plots and Conspiracies against this Royal Couple a short time may bring them all to light and faithful Historians publish them to the World. Lastly We may observe that whereas it hath been the Maxim of several Kings both at home and abroad of late Years to contend and outvie each other in preying upon and destroying not only their Neighbours but their own Protestant Subjects by all methods of perfidiousness and cruelty the only way to establish Tyranny and to enslave the natural Freedom of Mankind being to introduce a general Ignorance Superstition and Idolatry for if once People can be perswaded that Statues and Idols are Divinities and adorable and tha● a Wa●er is the Infinite God after two or three ridiculous words utter'd by a vile Impostor and impudent Cheat then they may easily be brought to submit their Necks to all the Yokes that a Tyrant and a Priest can invent and put upon them for if once they part with their Reason their Liberty will soon follow as we behold every day in the miserable enslav'd Countries where Popery domineers On the contrary it hath always been the steady and immutable Principle of the House of Orange to rescue Europe from its Oppressours and to resettle Governments upon the Primitive and Immortal Foundation of Liberty and Property a Glorious Maxim taken from the Old Roman Common-wealth that Fought and Conquer'd so many Nations only to set them Free to Restore them wholsome Laws their Natural and Civil Liberties a Design so Generous and every way Great that the East groaning under the Fetters and Oppressions of their Tyrants flew in to the Roman Eagles for Shelter and Protection under whose Wings the several Nations liv'd Free Safe and Happy till Traitours and Usurpers began to break in upon the Sacred Laws of that vertuous Constitution and to keep up Armies to defend that by Blood and Rapine which Iustice would have thrown in their Face and punished them as they deserved the Preservation and Welfare of the People being in all Ages call'd the Supreme Law to which all the rest ought to tend From the foregoing Relation of matter of Fact it appears most plain that the Roman Catholicks are not to be ty'd by Laws Treaties Promises Oaths or any other bonds of Humane Society the sad experience of this and other Kingdoms declares to all Mankind the invalidity and insignificancy of all Contracts and Agreements with the Papists who notwithstanding all their Solemn Covenants
one of them is not the other for he may be any one of these who is none of the rest IV. This distinction proceeds from the different Reasons upon which these Relations are founded V. The Reason or Foundation from whence arises the Relation of a Father is from having begotten his Son who may as properly call every old Man he meets his Father as any other Person whatsoever excepting him only who begat him VI. The Relation of an Husband and Wife is founded in We●lock whereby they mutually consent to become one Fle●h VII The Relation of a Ma●ter is founded in that Right and Title which he has to the Possession or Service of his Slave or Servant VIII In these Relations the Names of Father Husband and Master imply Soveraignty and Superiority which varies notwithstanding and is more or less absolute according to the Foundation of these several Relations IX The Superiority of a Father is founded in that Power Priority and Dignity of Nature which a Cause hath over its Effect X. The distance is not so great in Wedlock but the Superiority of the Husband over the Wife is like that of the Right-Hand over the Left in the same Body XI The Superiority of a Master is an absolute Dominion over his Slave a limited and conditionate Command over his Servant XII The Titles of Pater Patriae and Sponsus Regni Father of the Country and Husband of the Realm are Metaphors and improper Speeches For no Prince ever begat a whole Country of Subjects nor can a Kingdom more prop●rly be said to be married than the City of Venice is to be Adriatick Gulph XIII And to shew further that Magistracy is not Paternal Authority nor Monarchy founded in Fatherhood it is undeniably plain that a Son may be the Natural Soveraign Lord of his own Father as Henry the Second had been of Ieffe●y Plantagenet if he had been an English-man which they say Henry the Seventh did not love to think of when his Sons grew up to Years And this Case alone is an eternal Confutation of the Patriarchate XIV Neither is Magistracy a Marital Power for the Husband may be the obedient Subject of his own Wife as Philip was of Queen Ma●y XV. Nor is it that Dominion which a Master has over his Slave for then a Prince might lawfully sell all hi● Subjects like so many Head of Cattel and make Mony of his whole Stock when ever he pleases as a Patron of Algiers does XVI Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant for he does not hire them but as St. Paul saith They pay him Tribute in consideration of his continual Attendance and Imployment for the Publick Good. XVII That Publick Office and Imployment is the Foundation of the Relation of King and Subject as many other Relations are likewise founded upon other Functions and Administrations Such as Guardian and Ward c. XVIII The Office of a King is set down at large in the 17 th Chapter of the Laws of King Edward the Confessor to which the succeeding Kings have been sworn at their Coronation And it is affirmed in the Preambles of the Statutes of Malbridg and of the Statute of Quo Warranto made at Glocester That the calling of Parliaments to make Laws for the better Estate of the Realm and the more full 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 à 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 Laws 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 Corolary A Bargain 's a Bargain 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 Human Extraction And King Charles the First says of this Government in particular That it was moulded by the Wisdom and Experience of the Peopl● 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 his Ordinances and Institutions Rom. 13.1 2. III. Plowing and sowing and the whole business of preparing Bread Corn is abs●luely 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 d to 29 th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have Strength by me Kings reign and Princes decree Iustice By me Prinees rule and Nobles even all the Iudges of the Earth Prov. 13.14 V. The Prophet speaking of the Plow-man 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 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 Ancient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam 8.11 be a Statute of Prerogative and prove all those Particulars to be the Right of the King then Mishpat Haccohanim the Priests custom of Sacrilegious Rapine Chap. 2.13 proves that to be the Right of the Priests the same word being used in both places XIII It is the Resolution
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to decla●e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an in●imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
the said Mather caused a Petition from the Town of Cambridge in New-England to be humbly presented to His M●jes●y which because it doth express the Deplorable Condition of tha● People it shall be here inserted To the King 's Most Excellent Majesty The Petition and Address of John Gibson aged about 87 and George Willow aged about 86 Years as also on the behalf of their Neighbours the Inhabitants of Cambridge in New-England In most humble wise sheweth THat Your Majesty's good Subjects with much hard Labour and great Disbursements have subdued a Wilderness built our Houses and planted Orchards being incouraged by our indubitable Right to the Soil by the Royal Charter granted unto the First Planters together with our Purchase of the Natives as also by sundry Letters and Declarations sent to the late Governour and Company from His late Majesty Your Royal Brother assuring us of the full enjoyment of our Properties and Possessions as is more especially contained in the Declaration sent when the Quo Warranto was issued out against our Charter But we are necessitated to make this our Moan and Complaint to Your Excellent Majesty for that our Title is now questioned to our Lands by us quietly possessed for near sixty Years and without which we cannot subsist Our humble Address to our Governour Sir Edmond Andross shewing our just Title long and peaceable possession together with our Claim of the benefit of Your Majesty's Letters and Declarations assuring all Your good Subjects that they shall not be molested in their Properties and Possessions not availing Royal Sir We are a poor People and have no way to procure Money to defend our Cause in the Law nor know we of Friends at Court and therefore unto Your Royal Majesty as the publick Father of all your Subjects do we make this our humble Address for ●elief beseeching Your Majesty graciously to pass Your Royal Act for the Confirmation of Your Majesty's Subjects here in our Po●sessions to us derived from our late Governour and Company of this Your Majesty's Colony We now humbly cast our selves and distressed Condition of our Wives and Children at Your Majesty's Feet and conclude with the saying of Queen Esther If we Perish we Perish Thus that Petition Besides this Mr. Inc. Mather with two New-England Gentlemen presented a Petition and humble Proposals to the King wherein they prayed that the Right which they had in their Estates before the Government was changed might be confirmed And that no Laws might be made or Moneys raised without an Assembly with sundry other particulars which the King referred to a Committee for Foreign Plantations who ordered them into the Hands of the Attorney-General to make his Report The Clerk William Blathwait sent to the Attorney-General a Copy wherein the Essential Proposal of an Assembly was wholly left out And being spoke to about it he said the Earl of Sunderland blotted out that with his own Hand likewise a Soliciter in this Cause related that the said Earl of Sunderland affirmed to him that it was by his Advice that the King had given a Commission to Sir Edmond Andross to raise Moneys without an Assembly and that he knew the King would never consent to an Alteration nor would he propose it to His Majesty When of late all Charters were restored to England it was highly rational for New-England to expect the like for if it be an illegal and unjust thing to deprive good Subjects here of their Antient Rights and Liberties it cannot be consistent with Justice and Equity to deal so with those that are afar off Applications therefore were made to the King and to some Ministers of State. It was urged that if a Foreign Prince or State should during the present Troubles send a Frigate to New-England and promise to protect them as under their former Government it would be an unconquerable temptation yet no Restoration of Charters would be granted to New-England which has opened the Eyes of some thinking Men. Thus hath New-England been dealt with This hath been and still is the bleeding state of that Country They cannot but hope that England will send them speedy Relief especially considering that through the ill Conduct of their present Rulers the French Indians are as the last Vessels from thence inform beginning their cruel Butcheries amongst the English in those parts And many have fears that there is a design to deliver that Country into the Hands of the French King except his Highness the Prince of Orange whom a Divine Hand has raised up to deliver the O●pressed shall happily and speedily prevent it FINIS A SEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals humbly offered in behalf of the Princess of Orange II. The Heads of an Expedient proposed by the Court-Party to the Parliament at Oxford in lieu of the Bill for Excluding the Duke of York III. An Account of the Irregular Actions of the Papists in the Raign of King Iames the Second with a Method proposed to rid the the Nation of them IV. The Present Convention a Parliament V. A Letter to a Member of the Convention VI. An Answer to the Author of the Letter to a Member of the Convention Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Proposals humbly offered in behalf of the Princess of Orange Jan. 28. IT is a Maxim of the Law of England concerning the Government That there is no Interregnum Of necessity there must be a Change in the Person yet there is a Continuation of the Government Which shews the Prudence and Perfection of the Constitution in preventing that which of all things is most Deplorable a Failure of Government This Rule is therefore of that Importance as not to be given up upon the trivial Saying of Nemo est haeres viventis 'T is true the common and ordinary cause of a Change in the Person that is invested with the Royal Authority is Death But we are now in a rare and extraordinary Case where the King is living and yet may be said to be divested of the Royal Office as having by his Encroachments upon the Peoples Rights provoked them to resort to Arms and being vanquished by that Force followed with a total Defection from him and his Relinqui●hing the Kingdom thereupon without providing any ways for the Administration of the Government This seems to be a Cesser of this Government and may in Civil and Politick Construction amount to as much as if he had died But because this is a Cess of that nature that requires a Judgment to be made upon it it seems necessary to have a Convention of the Estates of the Nation to make a Declaration thereupon for 't is not for private Persons to determine in the Cases aforesaid how or when the King has lost his Government and till such Authoritative Declaration made the King may be supposed in
to return to his Government under such legal Restraints as shall give security to the most jealous Persons for the preservation of their Laws Liberties and Religion i● horribly decryed c. yet the only Reason against it is because it is vain Now Sir that Reason is so very good that it may perhaps justily that dreadful Consequence you so shrink at for though I do not doubt but you are a wonderful Legislator yet if Twenty wiser Men than you were joined with you to frame these new Laws yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives and he will break through all your Restrictions with wonderful Facility as we have seen by Experience But then if you leave him the Name and take away the Power of a King you set up a Common-wealth immediately which will not end with your Popish Prince but there will be stickling to keep all things in the same State in the following Reign of what Religion soever the Prince is which was the Reason why the Limitations offered by Charles II. in 1679 were rejected And let it be remember'd also how well that Prince that was supposed to be a Protestant kept his Word and the Solemn League and Covenant which he solemnly with Hands and Eyes lifted up to Heaven swore to observe in Scotland c. Well but we would have thought our selves very secure if the King would h●ve called a Free Parliament Yes Sir if he would have call'd it Freely so that it had been the production of his Will without Force but Sir it is notorious he was resolved the Parliament should either not be free or not meet and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last in which the Author tells us That the summoning a Parliament 〈◊〉 is so far from being the only way to prese●ve His Majesty and the Kingdom that it will be one of the principal causes of much Misery to the Kingdom c. and nothing would do then but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say Sir If you cannot remember this you shall never be trusted to frame Laws if I can help it There is another and a better Reason to refuse a Treaty than the fearing the King should comply Suppose that he should grant all that you can ask bating White-Hall the Reve●●e the Title of King and the Right of calling Parliaments and making Peace and War What Security have we that he will acquiesce in this low restrained Estate Oaths Laws and Promises we had before but what did they signify Who shall be Guarantee what shall we do if he break out again In short quis eustodiet Custodes So that the many who desire a Treaty are desired to read the Enquiry into the presen● State of Affairs that they may not come into the Discipline of the severe Lady who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with if God and H. W. P. O. had not saved us But if the Convention should refuse to treat and Depose the King it would act without a Legal Power § 8. Why Sir here is no occasion to talk of a Deposition the King is gone of his own accord freely and they are only to consider whether we shall perish in a State of Anarchy re●al him and suffer over again all that is past and all that was intended but prevented or whether they shall recognize the next immediate Heir and enquire who that is Well but the next Heir it seems shall have small joy of it his whole Authority depending on a Convention that has no Authority In good time Will the Authority of this Prince when acknowledged depend on the Authority of the Convention Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights But no Man will think himself bound in Conscience to obey this Heir Have you Sir the keeping of all Mens Consciences or the knowledg of their Thoughts I can assure you mine is not in your custody § 9. All those who think themselves bound still by their Oath of Allegiance to defend the King's Person his Crown and Dignity c. will be greatly discontented Why Sir then they may go over into France and be admitted into his Guards and perhaps the generous Allowance given him by the French King will maintain them if their Heresie do not over-ballance their Loyalty and turn it into a Crime as it happened to the H●gonots Well but they will never own any other whilst their own King lives Assuredly this is a wonderful Man if he could but as certainly inform us of the number as he can of the Thoughts and future Actions of these Loyalist's Well but if they should happen to be Persons of known Prudence Abilities Integrity Honesty though they were never so few and never so tame it would give a terrible stroke to this To●t●ring Government Why Sir all or the greatest part of such Men in the Nation were a dreadful Body tho they were and ever will be few but Sir there must be a considerable Body of such Men first satisfied in the Convention a number without Doors are already satisfied and more will when the States have passed their Resolves and the remainder of the Men of this High Character who will still remain Discontented if they are any thing Peaceable though not over Tame will never be able to shock the most T●●tering Government in the World by their Examples how well soever he thinks of them Yet § 10. He endeavours to shew the number will not be small because many who joyned with the Prince are ashamed of what they have done and ask God pardon for is and are ready ●o undo it as far as they can Well Sir how many such do you know besides your self A List of these Men were worth the having and may perhaps be easily taken if one knew how to separate them from the rest however I should not fear greatly the terrible Shock of these wonderful Men till I had better information of their Numbers than you can possibly give us They were not willing to part with the King tho they were horribly afraid of Popery Why Sir has the King changed his Religion in France or are those Gentlemen so fond of the King that they would now be contented to suffer all that Popery threatned so lately Or are they become as weary of their Delivery as they were before of Popery Or will they sacrifice their Laws Religion old Foundations and Free Parliaments to their Allegiance to their King If you say Yes I have done if no then you would have what was not to be had and will not be contented with what may be h●d and if the Number of these Men is great farewel
to the Liberties Laws Religion and Priviledges of England and its Wealth and Inhabitants too and what is left you may be pleased to divide amongst your Men of Character To all this he assures us § 10. There will be a Thousand Occasions of Discontent Ju●● a Thousand neither one more or less besides those springing from the sense of Loyalty and Conscience Strange that these Two should be so troublesome as to equal if not exceed the whole Thousand that went before He that had been before so liberal of his Informati●n now sets us to guess in § 10. How many will be discontented in the new Court for want of Preferment Why Sir If you please to inform me how many days in February shall be clear and how many shall be cloudy I will fall a guessing how many in the new Court shall be pleased and how many shall be dissatisfied but when I have done it will not be worth the while because this ever happens and Courtiers have an old way of keeping these Malecontents in hope till they fall off or gain what they desire and so if there should happen to be a Thousand of them they will not be able to shock the Government if there is no other cause of Discontent than that Well but here Duty and Discontent will mix because they are sensible of their Mistake when it is too late For as they ought not to have fought for Popery nor against the Laws and Liberties of their Country so neither ●ught they to have deserted the defence of the King's Person and Crown but have brought the Prince to Terms as well as the King Why Sir Nemo tenetur ad impossibilia The King was never brought to Terms nor perhaps never will So that if they 〈◊〉 Fought at all it must have been for Popery and against both our Laws and Liberties Sir shew when and where the King offered us or the Prince any Terms and I will pass my word you shall be employed to frame Laws for the Convention which is certainly a good Employ for one that is so expert at it as you pretend to be Well § 13. A heavy Tax must be laid upon the Nation to defray the Charge of this Expedition Why Sir Are you of the Privy C●uncil to the Prince Surely he will be able to find some other Cause or not make the Tax so very heavy But Men will be very sorry to lose their King and pay so dear for it too Yes doubtless a Gracious King is a great Loss but if he will be gone and in●olve us in a War too Taxes must be p●id yea heavy Taxes to support the Charge of it or Louis will in a short time teach us what the Prince's Expedition was worth whatever it cost But this is not all we must part with our Church too the crazy Title will require the giving the Church to the Dissenters § 14. The Dissenters have or late acted very well and perhaps if a wise Man has the mannaging of them and the Popish Emissaries be carefully looked after we may compound the Quarrel better cheap than the parting with our Church Sir I am well assured a great deal less will for the present content them and the King is not Immortal and whenever he Dies the Crazy Title will be So●●red again if no Body be to blame for giving it another terrible Shock § 15. Should the King be Deposed or any other ascend the Throne it will be necessary to keep a standing Army to quell such Discontents You may be a good Law-framer for ought I know but I will swear you are no States-Man this whole Section is meer Whimsey borrowed from the Dutch Design Anatomized who had the folly to talk of Governing England by an Army of Dutch and Germans but why God knows except it were because a few were brought over to deliver us and cannot presently be returned back to Holland The Prince is both a wise and a good Prince and knows the Consequence of keeping those Forces long here better than a Thousand such Law-framers Suppos● the King should return with a Foreign Force to recover his Kingdom how ready will the Men of Conscience be and the Men of Discontent to joyn with them nay to invite him Home again This looks so like a Roman Catholick Zeal that if I were not assured he is a Church of England-Man I could not believe but it was a Disciple of St. Omers But will the Conscientious Men invite the King home again with all his Apostolick Vicars Jesuits Ecclesiasticall Judges Dispensing Power and a round Army of French Dragoons to teach us the French Faith after the French Fashion Are these the Men of Character Prudence Ability Integrity or of Conscience either Would one of the Primitive Christians have talked thus have stood for a Licinius against a Constantine Well if the King comes in a Conqueror we shall wish we had Treated Truly I shall not I had rather be forced than deceived for then I know what I have to trust to and I would not willingly be accessary to my own Ruine Well suppose this unanswerable stuff is over-voted § 17. We are to bring good proof the Prince of Wales is an Imposture or else we h●d better let it alone Very good the Negative is to be proved we may guess by this what kind of Laws you Sir would frame Well but if this be not done the Discontented Men will have a plausible pretence to quarrel What the Conscientious Men will do we must guess but in all probability they will not be better quali●ed What if the Princess of Orange be a Lady of that eminent Virtue that she should scruple to sit upon her Father's Throne whilst he lives Well his Majesty has deserted his Throne and Kingdom when he needed not except he had pleased and some Body must sit upon his Throne though he is yet Alive Now if it be her Right after his Death why not now Our Author is at his Prayers that God would give her Grace to resist the Temptation and I at mine That the Author may never be one of her Chaplains till he is better inform'd The rest of that Section is not unanswerable but not worth answering He has all along supposed the Prince of Orange Crown'd yet in the 19th Section he proves he can have no Right to it neither by Descent nor Gift and truly I am of the same mind for many Reasons and especially for the sake of the Three alledged by him Sect. 20 21 22. and for some others too of as great weight which may be found in the Lord Virulam 's History of Henry VII And yet our Case now before us has three Difficulties that had not 1. A King living 2. A Prince of Wales true or false 3. A Nation divided in Religion to which I might perhaps add the Excessive Power of France and the Excessive Zeal of this Generation to preserve the Descent of the Crown in the
matter of Fact doth not back and maintain them And this is an Advantage which I would not have us give our Adversaries in these things no more than we have done in the matters of Dispute betwixt them and us Here we have proved all our Charges against their Religion let us therefore prove or else not so eagerly insist upon these Accusations brought against their Persons I shall add nothing further but my real Wishes That I could tho with the loss of all that 's dear to me in this World contribute to the utter Exclusion of Popery by all lawful means and I do and shall always pray for a Blessing upon their Designs who sincerely endeavour to procure a Settlement of the Religion Liberties and Properties of the Subjects upon so sure a foundation that there may be no danger of the Nations relapsing into the like miseries at any time hereafter Some short Notes on a Pamphlet entitled Reflections upon our late and present Proceedings in England A Man must read much of this Author 's profound Work before he can fathom the Depths of it and find what his Design is or whether indeed he has any Design at all unless it be that of making a Book He tells us at length after much Strugling and a tedious Repetition of what every body knows perhaps better than himself That all Orders of Men Ecclesiastick Civil and Military did put the Regal Administration into the Prince of Orange's Hands and that the Intent of our Proceedings will at least excuse if not justify us I would have this knowing Gentleman inform the World into what Hands the Regal Administration could be better put And if the Nation could not do better whether this their Action does not justify it self But says he a little above How did we all generally concur and unanimously agree to forget our Obligations to our Soveraign And in Page 4 he tells us That the Prince of Orange hath done a great thing for us and wrought such Deliverance for the Nation as ought never to be forgotten and can never be sufficiently requited I do not at all doubt but this Gentleman can more easily write half a dozen such Books as this is than reconcile these notable Passages He acknowledges we have been rescued out of the Hands of him that hated us and would have destroyed us without a cause and yet reproaches us with forgetting our Obligations to our Soveraign In Page 5. he has this sharp Question Let every Man ask himself for what reason he became a party in this general Defection Was it to divest the King of all Power to protect his Subjects c. To repeat these Absurdities is a sufficient Answer to them And then again in the next Page That whatever some obnoxious and ambitious Men might aim at all good Christians had other Intentions They were sensibly concerned for the Preservation of their Holy Religion in the first place Their Lives their Laws their Liberties in the next And after the way which some call Heresy so were they desirous still to worship the God of their Fathers and after that manner which some might say was Rebellion so they thought themselves oblig'd to stand up for the Laws and Liberties of their Forefathers What measures of Obedience this Man is for and what he would have us to do or not to do I am not able to divine from his Book for he seems to dislike in one place what he approves in another But he tells us in Page 6 7 of his Fears of the Government being undermined both in Church and State and that he shall be reduced to the Dutch or some other foreign measures which can never be well received in England till an Act be past to abolish Monarchy Episcopacy c. If this Gentleman's Distractions be not so great as to hinder him the use of his two chief Senses he may now perceive that his Fears are as vain as others perceive his Reasoning to be But in Page 8. he states a notable Question for he supposes his Father to be as churlish as Cain and as poor as Job and yet maintains he is his Father O admirably put But what 's this to a King 's apparent Design of ruining and enslaving a People who have the same both Natural and Civil Right to their Lives and Liberties as he has to his But shall we run says he into Popery and perhaps Slavery too and is not the Deposing a Popish Doctrine p. 11. and as for Slavery Must not a standing Army be necessarily kept up to maintain a Title founded only on the consent of the fickle and uncertain People If the Lords and Commons of England are this fickle and uncertain People I know not where our Author will find more substantial Folks unless he fancies they are to be met with amongst the Mobile And as to the Popish Deposing Doctrine I have already shewed our case comes in no sort near it for the late King's Religion did not hinder his possessing himself of the Throne neither was that the Cause of his leaving it for he might have enjoyed it and made the best of it as to himself in all Freedom but he thought it beneath him to stop here and not impose his false Worship on all his Subjects trampling all the Laws of the Kingdom under his Feet and thereby claiming not only an absolute Empire over the Bodies but the Minds of his Subjects Our Author likewise shews himself a notable Well-wisher to our Religion and Liberties when he represents a standing Army page 11. in the present Exigency of Affairs to be such a Grievance and that too under a Prince who has not been only born and educated in the greatest Aversion to Popery and the only Prince uncorrupted by the French King but whose Genius and Interests do every ways so answer the Necessity of our Nation that we have no other cause of Fear or Trouble but at the sense of our own Unworthiness of so great a Blessing He seems in p. 12 and 13 to be in great Labour left the Prince of Orange should make himself a King contrary to the express Terms of his Declaration and Pretences of coming over here To which may be answered that he has in no sort violated that Declaration for he did not thrust himself into the Throne and as to his being so now both de jure and de facto this being a matter decided by the Justice Wisdom and Supream Authority of the Nation it 's foolish Presumption and no less conceited Ignorance for any private Person to argue it Our wise Author seems to be moreover concerned and greatly troubled at the Effects produced by the third Declaration for he says It did more harm to the King's Affairs than all the other Papers publisht at that time whence he concludes its plain that Sophistry and Tricks are made use of if they will but do the Business What would this Man have would he have both to
succeed when he elsewhere acknowledges that the late King's Design was to ruin us and the Prince's to prevent it As to Tricks and Sophistry I detest them as much as any Man yet think such harmless Guides whoever was the Author less pernicious and destructive than force and bloodshed This Gentleman who s●ily pleads all along for the Popish Interest is now for sooth much scandaliz'd at the Dutch-Papists in the Princes Army but at this he need not take Offence seeing they are going over whence they came to serve the States against the most unchristian Usurper or both Popish and Protestant Countrys But before this worthy Author can come to a Conclusion of his Book he must have several things proved to him to wit That the Prince of Wales is a supposititious Child that a League was made by our King with the King of France for the Destruction of his Protestant Subjects and rooting out our Religion under the Notion of the Northern Heresy that the late King was poyson'd and that the Earl of Essex was murthered These things we desire may be proved and then we cannot but agree that nothing can be too bad for the guilty Authors This Gentleman cannot but know the Unreasonableness of his Demands and that what he desires is not only unseasonable but impracticable till the Government be setled when and at what time perhaps to his great Confusion these and many other Deeds of Darkness will be brought to light Moreover the Astonishment he expresses at the mention of these vile Practices seems to arise in him rather from some crafty Design than mere Ignorance of what has been done oftner than once in Neighbouring Courts To conclude then in my Authors own Words If these Accusations be cleared once who can reverence the Person guilty of them as the Father of his Country and not rather avoid and fly him as the worst of Tyrants The Scot's Grievances Or a Short Account of the Proceedings of the Scotish Privy-Council Iusticiary Court and those Commissionated by them whereby the Consciences of good Men have been Tortured the Peace of the Nation these several Years past exceedingly Disturbed and Multitudes of Innocent People cruelly Oppressed and inhumanely Murthered IN the Tract of these Years although Informing was a Trade more encouraged than in the Reign of Tiberius yet they arraigned Multitudes without Informer or Accuser and whosoever appeared not upon their Summer Citation which often times was impossible were treated as Criminals They seized many of all Ranks and detained them Months and Years without any Signification of the cause of their Imprisonment and seldom liberate any such without Exorbitant Bail but if they could find the least Shadow to prosecute any suspected to mislike their Arbitrary Courses they precipitated their Process not allowing them time or means to vindicate their Innocency They sent their Inquisitors through their Prisons and Citizens Houses to examine whom they pleased upon most intricate Questions of Church and State Government and made their refusing to answer or dissatisfactory Answers the Foundation of their Indictments others seized in the Crowd at Executions and some when visiting the imprisoned were condemned and executed for refusing to justify their Severities against their Brethren and disowning their Dagon of Nor resistance They frequently sent out Spies to Prisons Cities and Country under Disguise who by simulating their Dissatisfaction at the Exorbitances of the Government and Zeal for persecuted Piety might draw Words from the most wary sustaining such and other Informers as habil Witnesses to the taking away the Lives of many Innocents notwithstanding of one Express Act of Parliament to the contrary They often prosecuted without a Libel and when they formed Libels they seldom restricted themselves to the Points therein contained holding them as confessed who refused to answer their captious and extraneous Questions They not only employed Emissaries but Judges themselves were active to suborn Witnesses against the Lives Estates and Honours of Peers and worthy Patriots a palpably gross Management of such an Intrigue having qualified a Person for a chief Seat in their High Court of Justice and when they could not find such Execrable Russians to serve their turns they forced Pannals to answer de super Inquirendis in the most Criminal Cases They have often sustained Jurors and Witnesses who could not purge themselves of Prejudice or partial Counsel They have Indicted Tryed Condemned and executed Persons in one day and when Intercession hath been made for some time to prepare for Death it hath been answered They shall have no time to prepare for Heaven Hell is too good for them They have kept some in Expectation of Reprieves and Pardons till the very Day and Hour of their Execution others they have hanged early in the Morning thereby preventing the Peoples seeing their Cruelty and hearing the dying Persons last Words and too palpably designing by such Surprizals the Ruine of their Souls They frequently beat Drums about the Scaffolds their Cause being such as could not bear the Words of dying Christians They searched several when removing them from the Prison to the Scrffold seized their Testimonies that so they might not come to publick They would have their Laws to reach Thoughts as well as Actions and many against whom they could charge no matter of Fact they sought to reach their Lives for their Thoughts asking them What think you of the Government c. Some they have wheedled to Confession by promising to favour their Ingenuity upbraiding them for Dissemblers if they would not speak freely and by mock-Expostulations viz. Are ye ashamed of your Principles Are ye afraid to give a Testimony c and forced them to subscribe their Confessions before the Council which they produced as Witness against them at the Criminal Court whereupon they were Sentenced and Executed When any refused to give Categorical Answers then could they extort all by Torture with their Engines of Cruelty the Boots fired Matches betwixt the Fingers and Thumkins and after torturing hanged several though thereby they could extort nothing When some had answered all their Questions and cleared themselves of all charged against them yet would they not pass them so but impose some of their wicked Oaths which they concluded they would not take and according to the measure of Tenderness they discovered in any they apportioned the Oaths to the stricter the more smooth to the laxer the more harsh such as once their own Natural Consciences did fear at They required not only to have their Laws obeyed but subscribed also holding it not sufficient that People transgress them not but likewise own the Justice of them and the Lawfulness of the Authority enacting them and swear to maintain them and yet when some have complyed to all they sought yet would they not discharge them but upon Bond to answer again when called Not only Extrajudicial Confession will sustain with them but when they have given the publick Faith the King's Security
Dissenter of one sort himself The King therefore that was so lately could not really put the Catholicks upon Conformity and if he would appear equal to all his People he could not put ●ny other Dissenters on it neither for the same Cause That which the Law requires was both in his Conscience and in theirs a thing prohibited of God. He could not therefore put the Laws in Execution being against God. And if He could not do it acting only but as an honest Man that abides by his Principles we have no reason to apprehend that so good a King and Queen as we have now should be ever brought to do it maugre all the Enticements of the Church of England or Frowns of the Church of Rome FINIS ADVERTISEMENT A Third Volume of Sermons Preached by the Late Reverend and Learned Thomas Manton D.D. In Two Parts The First containing LXVI Sermons on the Eleventh Chapter of the Hebrews With a Treatise of the Life of Faith. The Second containing a Treatise of Self-Denial With Several Sermons on the Sacrament of the Lord's-Supper And other Occasions With an Alphabetical-Table to the Whole Sold by Thomas Parkhurst and Ionathan Robinson ELEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. An Answer to the Desertion Discuss'd being a Defence of the late and present Proceedings II. Satisfaction tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of Fealty and Allegiance III. Dr. Oates his Petition to the Parliament declaring his barbarous Sufferings by the Papists IV. An Account of the Convention of Scotland V. A Speech made by a Member of the Convention of the Estates in Scotland VI. The Grounds on which the Estates of Scotland declared the Right of the Crown of Scotland Forfaulted and the Throne become Vacant VII The Opinion of two eminent Parliament-Men justifying the Lawfulness of taking the Oaths of Allegiance to King William and Queen Mary London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. AN ANSWER TO THE DESERTION DISCUSS'D IF many of our Long-Rob'd Divines pust up with a Conceit of their own Parts would but keep closer to their Texts and their Duties most certainly our Peace and Union would be much firmer and more assured then it is For being sway'd by Interest and Profit they are more afraid of losing the Advantages of Earthly Preferment then the Treasures of Heavenly Felicity Unless they swim in their own Wishes and Desires all Things are out of Order The Church is in danger they cry here are Sharers coming in among Us And by an odd kind of Ecclesiastical Policy seem rather inclinable to return under the Yoke of Popery then to endure the Equality of a Dissenting Protestant rather to be at the check of a Pope's Nuncio then suffer the Fraternity of a Protestant Nonconformist They said nothing to the late King till he began to touch their Copy-holds then they call'd out for Help and now they are angry with their Relief because they are afraid of well they know not what And this is their Misfortune that if all things answer not the full Height of their Expectations they are the first that should be last dissatisfied If all things go not well as they imagine they presently grow moody and waspish and while they insinuate their empty Notions into others who admiring the fluency of their Pulpit Language either out of Ignorance or Laziness allow them a Prerogative over their Understandings the whole Nation must be embroyl'd by their Surmises and Mistrusts Else what had that Gentleman who wrote the Desertion Discuss'd to do to busy his Brains with a Subject neither appertaining to his Function nor proper for his Talent Why should he be setting himself up against the voted Judgment of ●he chiefest and greatest part of the Kingdom A Man of his Profession would have doubtless better employ'd himself in contemplating the Story of the Three Murmurers against Moses and there have learn'd a more sanctifi'd Lesson then to exalt his Sophistry against the Debates of a Solemn Assembly contriving the Publick Preservation For certainly never was a fairer Prospect then now since the many Revolutions under which the British Monarchy has labour'd of its being restor'd to its ancient Grand●ur and Renown and of enjoying the Advantages of Peace and Prosperity in a higher measure then ever So that it must be look'd upon as the Effect either of a most pernicious Malice or a strange distraction of Brain for such Discussers as these to be throwing about the Darnel of their nice and froward Conceptions on purpose to choak the Expectations of so glorious a Harvest For they must be Men that want the government of right Reason within themselves as being enslav'd either to vicious Custom or partial Affection or else they would never run themselves and others with so much precipitancy into the shame and ignominy of upholding the subvertors of National Constitutions And all this to blacken and defame the noble Endeavours and prudent Counsels of those renowned Patriots that pursu'd the only means to rescue a languishing Monarchy from impending Thraldom and Ruin. He does not wonder he says that a Man of so much sense and integrity as his Friend is should be surprized at the Thrones being declared Vacant by the Lower House of Convention For how says his Friend can the Seat of the Government be empty while the King who all grant had an unquestionable Title is still living But the Discusser here forgot that it had been the resolv'd Opinion of two Parliaments already That there was no Security for the Protestant Religion the King's Life or the establish'd Government of the Kingdom without passing a Bill for disabling the Duke of York to inherit the Imperial Crown of England and Ireland and that unless a Bill were pass'd for excluding the Duke of York the House could not give any Supply to the King without Danger to his Person the Hazard of the Protestant Religion and Breach of the Trust in them repos'd by the People Upon which a Bill did pass the Commons and was sent up to the Lords for their Concurrence by which Iames Duke of York was excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm c. and he adjudg'd Guilty of High Treason and to suffer the Pains and Penalties as in Case of High Treason if after such a Time he should claim challenge or attempt to possess or exercise any Authority or Jurisdiction as King c. in any of the said Dominions 'T is true the Lords did not pass this Bill for Reasons well known yet was it such a mutilation to the Duke's Title to be disabled from succeeding in the Kingdom by the whole Body of the Commons who are the Representatives of the Nation that it can never be said that all Men granted his Title unquestionable
Detest and Abjure as Impious and Heretical this Damnable Doctrine 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 Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. 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 Die Veneris 15 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 Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th 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 Chappels and Churches to Publick Mass-houses contrair 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 Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the ●llowing Mass to be said are contrair to Law. That the allowing Popish Books