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A70545 The two great questions whereon in this present juncture of affairs, the peace & safety of His Maiestie's person, and of all His Protestant subjects in his three kingdoms next under God depend stated, debated, and humbly submitted to the consideration of Supreme Authority, as resolved by Christ. Lawrence, William, 1613 or 14-1681 or 2. 1681 (1681) Wing L693; ESTC R9 8,773 17

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THE Two great Questions WHEREON In this present Juncture of AFFAIRS THE PEACE SAFETY OF HIS Maiestie's Person And of all HIS Protestant Subjects In His Three KINGDOMS next under GOD Depend Stated Debated and Humbly Submitted to the Consideration of Supreme Authority As resolved by CHRIST Doth our Law judge any man before it hear him Jo. 7. 51. I say unto you Love your Enemies Matth. 44. LONDON Printed for the Author 1681. The Two Great QUESTIONS whereon in this present Juncture of Affairs the Peace and Safety of His Majestie 's Person and all his Protestant Subjects in his Three Kingdoms next under God depend Stated Debated and humbly Submitted to the Consideration of Supreme Authority QUEST 1. WHether an Act of Exclusion either of the Lineal or Collateral Heir to the Crown ought to be pass'd without Lawful Summons and Hearing Neg. Objections against the Negative answered Obj. 1. The Collateral Heir to the Crown Fugam fecit therefore he ought to be Excluded without Summons or Hearing Answ 1. The known Law of God Nations Nature and Scripture is contrary Joh. 7. 51. Doth our Law Judge any man before it hear him Answ 2. The known Law of the Land is contrary both Common Law and Statute and particularly the Statutes of Magna Charta and the Petition of Right Answ 3. There is no Malefactor yea Felon ought to be found guilty of a Fugam fecit nor forfeit any thing for the same untill he is brought to the Bar Arraigned put to Tryal and found Innocent of the Felony Object 2. To Attaint or Condemn of any Crime by Parliament without Summons and Hearing may perhaps be unlawful But it doth not follow therefore That EXCLUSION of RIGHT without Summons and Hearing is unlawful Answ 1. To Exclude from Right without Summons and Hearing is as contrary to the Law of God Nations Nature and Scripture as to Condemn of Crime Answ 2. 'T is as contrary to the Law of the Land both Common and Statute and particularly the Statutes of MAGNA CHARTA AND PETITION OF RIGHT Obj. 3. The Press is open to the Papist and the Protestant afraid to Print whereby the Protestant Religion and Liberty is Condemned without Hearing and it will be impossible to Extirpate Popery and Slavery without Free Liberty of Printing to the Protestant neither do the Kingdoms of Darkness either of Pope or Turk build themselves on any deeper Fundamental than that the first permits no Printing but by Episcopal Licence and the Other permits no Printing at all neither can any Humane Reason be given Why the Doctrine of Wickliff which comprehended the whole Protestant Religion in far greater Purity than Luther or Calvin have done since and was far more terrible to the Church of Rome than either of theirs yet gave them not so great an overthrow as the two latter have done But only this That Wickliff lived in a Time before the Invention of Printing was found And Luther and Calvin since From which Interdiction of the Press by the Papist to the Protestant whereby the Protestant Religion and Liberty are condemn'd without Hearing is objected this Conclusion That it is a just Retaliation to Condemn and Exclude the pretended Popish Religion and Liberty without Hearing as they have done the Protestant Answ It is more just and easie for the Parliament to punish such Persons as have contrary to the Law against Monopolies Magna Charta and Petition of Right Imprisoned Fined or Pillory'd the Subject for Using the Lawful Trade of Printing without their Licences by Example of Punishment on which Monopolists The Protestant will be restored to his Native Liberty of defending his Religion in Print Obj. 4. The Publick Offices of Temporal and Spiritual Judges Magistrates and Sheriffs are believed great part of them to have been placed contrary to the Acts of Parliament on the Recommendations of Papists or their Trustees It will be therefore impossible to obtain any ordinary Legal Proceedings against the Collateral Heir from such Judges who are his Creatures The Honourable Parliament therefore have been necessitated to have recourse to the Extraordinary way of endeavouring an Act of Exclusion without Summons or Hearing Answ The Cause of Succession is not now depending before Inferior Judges Temporal or Spiritual but before the Supreme Court of the King and Parliament And the time is a time of Peace and not of War the ordinary proceedings therefore of Peace ought now to be used which are Summons and Hearing And not the Extraordinary without them as in a time of War Obj. 5. It will be too late to delay till a War or Rebellion break out and surprize the Protestant with a Massacre seeing Persons recommended by Papists have already contrary to all Acts of Parliament seized by themselves or Agents on the Military as well as Civil and Ecclesiastical Offices and Power and on the Commands of the Forces by Land and Sea with the Publick Magazines of Arms and Treasure intended by the Parliament to be given and received for the Defence of the Protestant Answ It is less delay and more justly and easily done by His Majestie 's Assent to Summon all such Principal Persons having so offended against the Acts of Parliament as His Majesty and his High Court of Parliament shall think fit to appear in Person before His Majesty and Parliament to answer to such things as shall be objected against them on whose appearance none doubts His Majesty and his Parliaments Power by such ways as to their Wisdom and Justice seem fit to prevent their acting in any way of Rebellion and Massacre against the safety of His Majesty and of his Protestant Subjects or in case of their Refusal Contempt or Neglect to appear to take such further course as shall be by God's assistance most just and conducible to the same ends Obj. 6. The Declaring of the Lineal Heir to be the Protestant Successor is an Exclusion of the Collateral Heir from Succession But the declaring of the Lineal Heir to be the Protestant Successor may be without Summons of the Collateral Heir Therefore there may be an Exclusion of the Collateral Heir without Summons The Major cannot be denyed and the Minor is plain for after the Death of Queen Elizabeth there were no less than Sixteen Pretenders to the Succession of the Crown who discover'd themselves and more there might be undiscovered whereby if a particular Summons were in such case necessary the Pretenders would be very difficult and many times impossible to be found and Summon'd And fraudulently to evade such Summons they might convey themselves into parts beyond Sea or places concealed or dangerous to Summon or Summoners not to be got who would dare to Summon them whereby it would not lye in the Power of King and Parliament to make any Settlement of the Succession of the Kingdoms to prevent Civil Wars and all future Calamities incident to the Incertainty of a Successor Answ 1. It is granted That a Lineal Protestant