that I disown and renounce all such Principles Doctrins or Practices whether Popish or Fanatical which are contrary unto and inconsistent with the said Protestant Religion and Confession of Faith And for testification of my obedience to my most gracious Soveraign Charles the II. I do affirm and swear by this my solemn Oath that the Kings Majesty is the only Supreme Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil And that no Foreign Prince Person Pope Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminency or Authority Ecclesiastical or Civil within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities And do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Majesty his Heirs and lawful Successors and to my power shall assist and defend all Rights Jurisdictions Prerogatives Priviledges Preferments and Authorities belonging to the Kings Majesty his Heirs and lawful Successors And I further affirm and swear by this my solemn Oath That I judge it unlawful for Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Covenants or Leagues or to Gonvocate Conveen or Assemble in any Councils Conventions or Assemblies to Treat Consult or Determine in any matter of State Civil or Ecclesiastick without His Majesties special Command or Express License had thereto or to take up Arms against the King or these Commissionate by him And that I shall never so rise in Arms or enter into such Covenants or Assemblies And that there lies no obligation on me from the National Covenant or the Solemn Leagâ—e and Covenant commonly so called or any other manner of way whatsoever to endeavour any Change or Alteration in the Government either in Church or State as it is now established by the Laws of this Kingdome And I Promise and Swear That I shall with my utmost power Defend Assist and Maintain His Majesties Jurisdiction foresaid against all deadly And I shall never decline His Majesties Power and Jurisdiction as I shall answer to God And finally I affirm and swear That this my solemn Oath is given in the plain genuine sense and meaning of the words without any equivocation mental reservation or any manner of evasion whatsoever and that I shall not accept or use any dispensation from any creature whatsoever So help ne God The Bishop of Aberdeen and the Synods Explanation of the Test WE do not hereby swear to all the particular Assertions and Expressions of the Confession of Faith mentioned in the Test but only to the uniform Doctrine of the Reformed Churches contained therein II. We do not hereby prejudge the Churches Right to and Power of making any alteration in the said Confession as to the ambiguity and obscure expressions thereof or of making a more unexceptionable frame III. When we swear That the King is Supreme Governour over all Persons and in all Causes as well Ecclesiastick as Civil and when we swear to assert and defend all His Majesties Rights and Prerogatives this is reserving always the intrinsick unalterable power of the Church immediately derived from Jesus Christ to wit the power of the Keys consisting in the preaching of the Word administration of the Sacraments ordaining of Pastors exercise of Discipline and the holding of such Assemblies as are necessary for preservation of Peace and Vnity Truth and Purity in the Church and withal we do hereby think that the King has a power to alter the Government of the Church at his pleasure IV. When we swear That it is unlawful for Subjects to meet or convene to treat or consult c. about matters of State Civil and Ecclesiastick this is excepting meetings for Ordination publick Worship and Discipline and such meetings as are necessary for the conservation of the Church and true Protestant Religion V. When we swear There lies no obligation on us c. to endeavour any change or alteration in Government either in Church or State we mean by Arms or any seditious way VI. When we swear That we take the Test in the plain and genuine sense of the words c. we understand it only in so far as it does not contradict these Exceptions The Explanation of the Test by the Synod and Clergy of Perth BEcause our Consciences require the publishing and declaring of that express meaning we have in taking the Test that we be not mis-interpreted to swear it in these glosses which men uncharitable to it and enemies to us are apt to put upon it and because some men ill affected to the Government who are daily broachers of odious and calumnious Slanders against our Persons and Ministry are apt to deduce inferences and conclusions from the alledged ambiguity of some Propositions of the Test that we charitably and firmly do believe were never intended by the Imposers nor received by the Takers Therefore to satisfie our Consciences and to save our Credit from these unjust imputations we expressly declare That we swear the Test in this following meaning I. By taking the Test we do not swear to every Proposition and Clause contained in the Confession of Faith but only to the true Protestant Religion founded upon the Word of God contained in that Confession as it is opposed to Popery and Fanaticism II. By swearing the Ecclesiastick Supremacy we swear it as we have done formerly without any reference to the assertory Act. We also reserve intire unto the Church it s own intrinsick and unalterable power of the Keys as it was exercised by the Apostles and the pure primitive Church for the first three Centuries III. By swearing That it is unlawful to Convocate convene or assemble in any Council Conventions or Assemblies to treat consult c. in any matter of State Civil or Ecclesiastick as we do not evacuate our natural Liberty whereby we are in freedom innocently without reflection upon or derogating to Authority or persons intrusted with it to discourse in any occasional meeting of these things so we exclude not those other meetings which are necessary for the well-being and Discipline of the Church IV. By our swearing it unlawful to endeavour any change or alteration in the Government either of Church or State we mean that it is unlawful for us to endeavour the alteration of the specifick Government of Monarchy in the true and lineal Descent and Episcopacy V. When we swear in the genuine and literal sense c. we understand it so far as it is not opposite or contradictory to the foresaid exceptions They were allowed to insert after the Oath before their Subscriptions these words or to this purpose We under-written do take this Oath according to the Explanation made by the Council approved by His Majesties Letter and we declare we are no further bound by this Oath EDINBVRGH The sederunt of the Council Sederunt vigesimo secundo Die Septembris 1681. His Royal
of the Peace and Vnity of this Realm 3. And that such Person or Persons so to be Named Assigned Authorised and Appointed by Your Highness Your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by Vertue of this Act and of the said Letters Patents under Your Highness Your Heirs and Successors to exercise use and execute all the premisses according to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a Power given to the Crown to assign Commissioners to exercise this Jurisdiction which was accordingly done by Queen Elizabeth and a High Commission Court was by her erected which sate and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Elizabeth King James the First and King Charles the First till the 17th Year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz. ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some Words in the aforesaid Branch of the said Act whereby Commissioners are authorised to execute their Commission according to the Tenor and Effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the repressing and preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 Eliz. 1. is Repealed with a Non obstante to the said Act in these Words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every Word Matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said Act to the contrary in any wise notwithstanding And in Sect. 5. of the same Act it is Enacted That from and after the first of August in the said Act mentioned all such Commissions shall be void in these Words And be it further Enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby And all Acts Sentences and Decrees to be made by virtue or Colour thereof shall be utterly void and of none effect By which Act then the Power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provides no such Power shall ever for the future be Delegated by the Crown to any Person or Persons whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12 hath restored this Power or not And for this I take it that it is not restored by the said Act or any Clause in it and to make this evident I shall first set down the whole Act and then consider it in the several Branches of it that relate to this Matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the Late King Charles Entituled An Act for Repeal of a Branch of Statute in Primo Elizabethae câ—ncerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the Late King Charles Intituled An Act for Repeal of a Branch of a Stature primo Elizabethae concerning Commissioners for Causes Ecclesiastical It is amongst other things Enacted that no Arch-bishop Bisâ—â—p or Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord God 1641. Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Jurisdiction 2. Whereupon some Doubt hath been made that all ordinary Power of Coertion and proceeding in Causes Ecclesiastital were taken away whereby the ordinary Course of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other Person or Persons named as aforesaid but that they and every of them exercising Ecclesiastical Jurisdiction may proceed determine Sentence execute and exercise all manner of Ecclesiastical Jurisdiction and all Censures and Coertions appertaining and belonging to the same before any making of the Act before recited in all Causes and Matters belonging to Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo Septimo Car. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission shall be and is thereby repealed to dlintents and purposes whatsoever
Popish Soveraigns not only account it their glory to break all Laws Oaths and Edicts by which Protestants had their Religion together with many other Rights and Priviledges established and confirmed unto them but who with a salvageness and barbarity which scarce any Age can parallel seek to extirpate their Religion and destroy them And all this attempted and pursued against them not only without their being guilty of any crime by which they might have deserved to lose the favour of their Princes and to forfeit protection in the free exercise of their Religion and their safety as to their Persons and Estates which had been sworn unto them and secured by Authentick Laws But when one of the chiefest motives unto it was their Loyalty and the Merit that they had laid upon their respective Soveraigns which by a new way of gratitude was thought fit to be thus recompensed and rewarded And if we be not as I have formerly said strangely deceived in the Person and Character of our Author this charge upon the States of these Provinces is the effect of a most prodigious folly as well as of inveterate malice in that his Master contrary both to the Laws of the Realms his often repeated Promises and his Coronation Oath assumes a power of introducing those into Offices who by the Statutes of the Land stand precluded from them and of thrusting them out who alone are the Person that are legally capable of them Which manner of proceeding in his Majesty hath besides the injustice that attends it towards all that are laid aside a signal piece of ingratitude accompanying it to many of them as having been the Persons whose Zeal for his Person brought him to the Throne and whose courage maintained him in it But I shall not think it enough meerly to have exposed his imprudence and indiscretion in the forementioned accusation against the whole Governing Body of this Country but I shall likewise shew it to be false slanderous and unjust in every part and branch of it And that I may act with more truth and candour than our Author hath done I do acknowledge that at the first commencement of the War against the King of Spain for the defence of the Laws and Priviledges of these and the neighbouring Provinces that not only they of the Reformed Religion but likewise the Roman Catholicks took Arms and hazarded their Lives and Estates in that just quarrel And I do also grant that thereupon there was Liberty of Conscience allowed and established by several Treaties in the vertue of which both parties were to be equally tolerated and the one not to disturb or disquiet the other Nor was there ever any thing done by way of Ordinance or Law to lessen or restrain the liberty of the Papists nor to abridge much less deprive them of any Power Jurisdiction and Authority that they possessed so long as they remained faithful in the common cause and behaved themselves with Equity Justice and Peace towards those who had withdrawn from the Roman Communion But such was the ascendency of the Priests over the Roman Catholicks and so powerful was their influence upon them that in a little time they not only hindred and molested the Protestants in the exercise of their Religion and committed many unjust and cruel severities against them but they proceeded to various attempts of betraying the Rights and Civil Liberties of the whole Country and of enslaving it both to the Tyranny of the King of Spain and to the bloudy and cruel Inquisition So that from hence it became a matter of necessity rather than at first of choice that the Government should be disposed into Protestant hands and that the liberty of the Papists should have those limits and regulations given unto it as might render it both consistent with the peace freedom and safety of those of the Reformed Religion and with the preservation of the Civil Rights and Priviledges of these Provinces This is the account which all who have written with any knowledge and integrity of the Transactions of those Times do give us of the many Changes and Revolutions that fell out in reference to Religion till all matters both concerning it and the Political Government of these Countreys came to be established in the Form and Way wherein they do still continue and subsist And this I do undertake to make good by all publick Authentick and approved Histories if our Author shall have the confidence to insist upon the justification of his criminations And all that I shall at present direct men unto for the confirmation of what I have said is that admirable Apology of William I. Prince of Orange whom his present Highness does in Wisdom Steddiness and true temperate Christian Zeal so signally imitate and which that great Prince who was the first and happy Founder of this Republick published in defence of himself and of those actings for which the slavish and mercenary Factors of Rome and Spain had traduced and aspersed him But let us advance to a particular Examination of those matters of Fact upon which our Author challengeth these States for violating their Faith with their Roman Catholick Subjects And the things he is pleased to specifie are their departing from the Terms of the Pacification of Gant and their breaking the Articles of the Vnion agreed unto at Utrecht 1597. Nor am I unwilling to acknowledge that soon after the Pacification concluded at Gant there were several indecent and undiscreet things done contrary to the purport and tendency of it both by those of the Romish and by them of the Reformed Religion Which proceeded from the Superstitious Fury of the former and the imprudent Zeal of the latter Yet it is certain that the ground of its coming to be rendred wholly ineffectual arose from a design of the King of Spain's under the cloak and palliation of that Treaty to subvert the Civil Rights and Priviledges of all the Provinces to the Defence and Preservation of which the Roman Catholicks as well as Protestants were sworn and bound by the said Pacification For after that Philip II. had in compliance with the necessity of this Affairs consented unto and ratified all the Terms Provisions and Conditions which both the Papists and the Reformed had in that Pacification League and Confederacy insisted upon and agreed to adhere unto it was soon after discovered by Letters intercepted to Don John who was at that time constituted Governour over the Low Countreys that all which Philip aim'd at was thro the having rendred them secure by the Ratification of that Treaty to take advantages whereby to enslave them and under the Covert of it to provide himself of means by which he might be established in an unbounded Tyranny over them So that by reason of what was detected in those Letters and from Don John's proceeding to possess himself of Namur and his endeavouring to corrupt and debauch the German Troops which were in the States service and paid by them
Authorities out of this Realm as also for restoring and uniting to the Imperial Crown of this Realm the antient Jurisdictions Authorities Superiorities and Preheminences to the same of Right belonging and appertaining by reason whereof the Subjects of this Realm were kept in good order and disburthened of divers great and intolerable Charges and Exactions until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second Years of the Reigns of King Philip and Queen Mary were clearly repealed and made void by reason of which Act of Repeal the Subjects of England were eftsoons brought under an usurped Foreign Power and Authority and yet remained in that Bondage to their intolerable Charges and then Enacts that for the repressing of the said usurped Foreign Power and the restoring of the Rights Jurisdictions and Preheminences appertaining to the Imperial Crown of this Realm The said Act made in the first and second Years of the said late King Philip and Queen Mary except as therein is excepted be repealed void and of none effect The said Act of Primo Elizabethae proceeds First to revive by express words many Statutes that had been made in King Henry the Eighth's time and repealed in Queen Mary's and Secondly to abolish all Foreign Authority in these words viz. And to the intent that all Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm c. May it please your Highness that it may be Enacted That no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm c. but the same shall be clearly abolished out of this Realm c. Any Statute Custom c. to the contrary notwithstanding Thirdly The said Act restores in the next Paragraph to the Imperial Crown of this Realm such Jurisdictions Priviledges Superiorities c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or might lawfully be exercised or used c. Fourthly the Act impowers the Queen to assign Commissioners to exercise Ecclesiastical Jurisdiction And Fifthly For the better observation and maintenance of this Act imposes upon Ecclesiastical and Temporal Officers and Ministers c. the Oath commonly call'd the Oath of Supremacy which runs thus viz. The Oath of SUPREMACY I A. B. do utterly testify and declare in my Conscience that the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things and Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queen's Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book It cannot but be obvious to every impartial Peruser of the Statute especially if he have the least knowledg of what Condition the Government of this Nation was reduced to by Papal Encroachments and Usurpations That the Makers of this Law and the Sense of this Oath was no other in general than that the People of this Realm should bear Faith and true Allegiance even in Matters relating to Ecclesiastical Jurisdiction to the Queen's Highness her Heirs and lawful Successors and not to the Pope or any foreign pretended Jurisdiction What the several Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queen her Heirs and Successors are in particular and what the Jurisdictions Priviledges Preheminences and Authorities United and Annexed to the Imperial Crown of this Realm are in particular is not material here to be discoursed of though the several Statutes made in King Henry the Eighth's time and King Edward the Sixth's and revived in Queen Elizabeth's will unfold many of them and clear the distinction which the OATH makes betwixt Authorities granted or belonging to the King and Authorities united and annexed to the Imperial Crown and Mr. Prynn's History of the Pope's intolerable Usurpations upon the Liberties of the Kings and Subjects of England and Ireland together with Sir Roger Twisden's Historical Vindication of the Church of England in point of Schism will in a great measure acquaint the Curious how matters stood with us here with respect to Church-Government before the Pope had wrested the Ecclesiastical Jurisdiction almost wholly out of the hands of our Kings our Parliaments and Courts of Justice In short those Jurisdictions c. are such as the Antient Laws Customs and Usages of the Realm or latter Acts of Parliament have Created Given Limited and Directed The Makers of this Law did not design to impose upon the People of England any new Terms of Allegiance but to secure the old ones exclusive of any Pretences of the Pope or See of Rome Nor are there any words in this Oath more strong more binding to Duty and Allegiance than are words which the old Oath of Fealty is conceived in which all Men were antiently obliged and may yet be required to take to the King in the Court-Leet at twelve years of Age which runs thus viz. You shall swear that from this day forward you shall be true and faithful to our Soveraign Lord King James and his Heirs And Faith and Truth shall bear of Life and Limb and terrene Honour And you shall not know nor hear of any ill or damage intended to him that you shall not defend So help you Almighty God This is as full and comprehensive as the Oath of Supremacy I do promise that I shall bear faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions c. So that the true sense and meaning of the Oath of Supremacy is this viz. I will be true and faithful to our Soveraign Lord the King his Heirs and lawful Successors and will to my Power assist and defend all his Rights notwithstanding any pretence made by the Pope or any other Foreign Power to exercise Jurisdiction within the Realm all which Foreign Power I utterly renounce in Matters Ecclesiastical as well as Temporal The Oath of Allegiance is appointed by the Act of 3 Jac. 1. Chap. 4. Intituled An Act for discovering and repressing of Popish Recusants It
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby 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 judge 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-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
perceive it not this is the sore evil we are under For I would not doubt the Countries carrying it from the Court in every Vote let the Courtiers use all the Art they could would the Country Gentlemen but give themselves the trouble to enform their understandings a little and not suffer themselves to be hurried by a heedless Inadvertency into Vulgar Notions Which if well examined are directly contrary to their honest Intentions for lack of which they totally mistake their Interests fall foul on their Friends support their Enemies and carry on the Designs of the Court whilst they aim at the Service of their Country For if they would take the pains but to think what is the greatest Enemy in the World English Law and Liberty always had still hath and ever must have It may be the result of such a Thought would say it was Encroaching Prerogative Well if then they would but beg from themselves but so much Seriousness as to think this second Thought to check this Prerogative which is so dangerous an Enemy to our Laws and Liberties peradventure that Thought would answer In suppressing all they could its Creatures and Dependants and supporting such whose Interest it is to keep Prerogative within its just bounds Now could they but be prevail'd with but to think a third Thought it would land them at the full and satisfactory Solution of the Question and will hold in every thing But I will put it in a Case wherein we are most apt to Err and wherein we reckon it no less than Piety to play the Fool to the end you may see how miserably we are cheated and abused by sucking in the untried Notions that Education the Arts of others or our own Ignorance have imposed upon us The third Thought therefore shall be this Which are most the Creatures and Supporters of boundless Prerogative Prelates or Dissenting Protestants The Answer to which must and can be no otherwise The Prelates Well then if we would now reduce this to Practise and say The greatest Friends to Prerogative are the Prelates the greatest Enemies to our Laws and Liberties is Prerogative The only way therefore to restrain Prerogative is to do What To fortifie and strengthen the Yoke of the Prelates over the Neck of the People No Surely this were an odd and a barbarous kind of reasoning But to give Liberty to Dissenting Protestants as the best means to keep up the Ballance against boundless Prerogative For these must and never can be otherwise unless by Accident and by Mistake than Friends to Liberty But the Prelates neither are nor can be otherwise then Creature to Prerogative for all their Promotions Dignities and Domination depends upon it The same might be said concerning the only antient and true Strength of the Nation the Legal Militia and a Standing Army The Militia must and can never be otherwise than for English Liberty ' cause else it doth destroy it self but a Standing Force can be for nothing but Prerogative by whom it hath its idle Living and Subsistance I could instance also in many other Particulars but our Inadvertency in this is Demonstration enough how much we are cheated by the common and hackney Notions imposed upon us and this is almost the cause of all the Error we commit For missing our true Footing you see we have run in the mistaken Notion of being for the Church so long till we have almost destroyed the State and advanced Prerogative so much by suppressing Nonconformity that it 's well nigh beyond our reach or power to put a check to it and had not Time and but an indifferent Observation shewed us how much we were abused in this matter and that a Lay-Conformist and a Fanatick can live as quietly and neighbourly together would the Prelates but suffer them as any in the world we had ruined our selves past all recovery For by our â—ouying up the Bishops in their harsh and irreconcilable Spirit instead of healing we have so fed and nourished the Discontents throughout the Kingdom that I think nothing keeps the Fire from Flaming out a fresh in another intestine War but the bare Circumstance of Opportunity only and how long that will be able to restrain Passions that are made wild by Oppression is worthy a very serious Consideration and therefore there is hardly any thing more a wonder to wise men then to see the Clergy run at this rate upon the Dissenters wherefore since the Nonconformists have given so large and ample a Testimony of their willingness to live Peaceably if yet notwithstanding the Clergy will not suffer them to be quiet in their Families and their Houses I doubt they may at one time or other drive them into the Field and then it may exceed their Divine Art to conjure them down again for he sees but little that sees not the English Temper is better to be led then driven And therefore I think it would not be more a Vanity to compel the Ladies to wear Queen Elizabeths Ruff then to force the Nonconformists to be drest in her Religion Nor yet are these all the Arts we are under For we have a Gang that Huff and bear themselves high on the Country side but earn only for the Court these lay out their Craft in putting the House upon little trifling things and spend and waste the Mettle thereof upon such pittiful Pickadilloes as 't is next to shame for an English Parliament so much as to mention These start a fierce Dispute about some little Matter and keep a bluster as if none were such faithful Patriots as they when they do it on purpose only to while out the Time and thin the House by tiring the honest Country Gentry in so tedious fruitless and trifling Attendance Do but move things worthy a Parliament as that we may have our â—â—d known Rights of Annual Parliaments ascertained That none that are or shall be bribed by any Place or Office shall ever sit in this House That Parliaments ought not to be Prorogued Adjourned or Dissolved till all Petitions are heard and the Grievances of the People redressed with many things more of as great Importance O then forsooth their pretended Loyalty which in plain English is easily understood will not abide such unmannerly and clownish Debates as these and twenty such little shreds of Nonsence are impertinently urged instead of Argument But further these Countrey-Court Engines after they have taken the Measures of the House at the opening of every Session by our Thanks for the gracious Speech which being the true Pulse of the House if it happen to come so hard as speaks us but faint and cool to the one thing necessary the matter of Money then they know what will follow that the Court will get no Grist that Sessions and though the Court in Indignation could turn them home on the Morrow yet it must consult its Reputation a little restrain its Resentments and suffer them to sit about a six Weeks
prevent or Check the French will have an Army of at least 50000 Men about Lorain Luxenburg and Burgundy to face the Imperialists and at the same Time with as many more perhaps they will seize upon the Dutchy of Juliers and of Cleves and from thence pass the Rhine to countenance those that are of the French Cabal on the side of Westphalia and so in due time several other Princes of the Empire It is remarkable that in Three Years War against the Confederates his most Christian Majesty has not only stood his ground without losing so much as one Inch of his Ancient Patrimony but actually and almost without Opposition taken several Towns and some entire Provinces from the Principals of the Confederacy And made himself almost as considerable at Sea as he is at Land Not only in the Mediterranean and upon the Coasts of Spain and Italy but in America too where he has laid a Foundation of great Mischief both to England and Holland in the point of Commerce if not timely prevented And he does little less by his Money than by his Arms for he pays all and with French Money under pretext of Neutrality maintains considerable Armies in the very heart of the Empire which 't is feared will be ready enough upon any distaster to joyn with the Common Enemy It is the French Court that manages the Counsels of Poland and they govern the Swisse no less who by the Conquest of the Franche County are made little better then slaves And yet by a fatal Blindness that Republick still furnishes the French with the best of their Soldiers and helps forward the Destruction of Europe never dreaming that they themselves are to be undone too at last But it is no great matter you 'l say to impose upon the Swisse which are a heavy and Phlegmatick People but the French Charms have bewitch'd even Italy it self though a Nation the most Clear-sighted and suspicious of all others For their Republicks lie as quiet as if they were asleep though the Fire is already kindled in Sicily and the Danger brought home to their own Doors It is a wonder that they lay things no more to heart considering First the Passages the French have to favour their Entry Secondly That they are many and small States weak and easily to be corrupted if not so already Thirdly that though they have been formerly very brave and many particulars remain so still yet in the generality they are soft and effeminate And Fourthly that the French is there the Master of the Seas These Reflections methinks might convince any Man of the Condition they are in And certainly they that were not able to defend themselves against Charles the Eighth will be much less able to encounter Lewis the 14th Or if he gets in to drive him out again as they did the Other For they must do it wholly upon their own Strength having only the Turk in Condition to help them For Germany and Spain are sunk already And the Swisse will neither dare to venture upon 't nor are they able to do it if they had a mind tot As for Spain it is neither Populous nor fortifi'd and perhaps want of Provisions may keep it from an Invasion And yet for all that with a Body of Thirty or Forty Thousand Men by the way of Fontaraby and as many by Catalonia the French may if they please in two Campania's make themselves Masters of Navarre Arragon Catalonia and Valentia and then it is but fortifying the Frontiers and making his Catholick Majesty a Tributary in Castile Who must content himself to take what they please to give him over and above in consideration of his Dominions in Italy and the Spanish Indies A Possibility that England and Holland shall do well to think of For when he has the Mines in his Power and Europe under his Feet there will be no contending After this they have only the Swisse or the English to fall upon next For the Former they are neither fortified nor united in Affections or Religion As for England They are a People not naturally addicted to the French sensible of their Honour and of their Interest and the whole World is convinced of their Courage They are United under the Government of a Gracious Prince and their Concerns are at this Instant lodged in the hands of the most Loyal and Publick-spirited Representatives that ever acted in that Station beside the Strength of the Island by Situation So that the French would find it a hard matter either to make a Conquest here or if they should surprize it to keep it But yet they have finer Ways to Victory than by Force of Arms and their Gold has done them better Service than their Iron What have we now to do then but in a Common Cause to arm against a Common Oppression This is the time or never for Italy to enter into a League for their Common Safety and not only to keep but if possible to force the French from their Borders while the Imperial Army holds the Capital Power of France in Play And this is the time too for the Swisse to recal all their Troops out of the French Service and to strike a general League also for the Recovery of Burgundy the only Outwork of their Liberties and to expel the French Garrisons and deliver the places into the hands of the Right Owners And will it not concern Poland as much as any of the rest that stands and falls with the Empire as the Defence of Christendom against the Turks and whose own turn is next This Alarm methinks should call off the Princes from the Acquisitions they have made upon part of the Swedes Possessions in the Empire to the Assistance of the Spanish Netherlands and make all the French Mercenaries in the Empire to bethink themselves of returning from the Delusions which either the French Artifice or Money has imposed upon them He that has no regard for the Head will have less for the Dependences when he has them at his Mercy Nay the very French themselves should do well to contemplate the Slavery that is now prepar'd for them Their Laws and Liberties are trampled upon and till the French Government be reduc'd to the Bounds of its Ancient Constitution neither the People nor their Neighbours can ever be secure In this dangerous Crisis of Affairs it has pleas'd Divine Providence to leave England the Arbitress of the Fate of Europe and to annex such advantages to the Office that the Honour the Duty and Security of this Nation seem to be wrapt up together In the Point of Honour what can be more Generous than to succour the Miserable and the Oppress'd and to put a stop to that Torrent that threatens Christendom with an Universal Deluge Beside the Vindication of our selves for those Affronts and Indignities both Publick and Private that we have suffer'd upon our own Account And then in matter of Duty It is not only Christendom
Zeal for the Protestant Religion of your Loyalty to his Majesty's Person and Government and of your faithful Endeavours for the Preservation of the Laws our Rights and Properties we now return you our most hearty Thanks and have unanimously chosen you to represent this County at the Parliament to be holden at Oxford the 21st of March next And though we have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interests now in so great hazard yet we think it meet at this time of imminent Danger to the King and Kingdom to recommend some things to your Care And particularly we do desire 1. That as hitherto you have so you will vigorously prosecute the Execrable Popish Plot now more fully discovered and proved by the Trial of William late Viscount Stafford 2. That you will promote a Bill for excluding James D. of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesty's Life which God preserve the Protestant Religion and the well-established Government of this Kingdom 3. That you will endeavour the frequent meetings of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power 4. That you will endeavour an happy and necessary Union amongst all his Majesty's Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which we conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And we do assure you that we will stand by you with our Lives and Fortunes in Prosecution of the good ends before recited The Address of the Town of Hertford February 21. 1680 1. To the Right Worshipful Sir William Cooper Baronet and Sir Thomas Byde Knight WE the Free-men and Inhabitants of the Burrough of Hertford in the County of Hertford having unanimously Chosen You our Representatives to Sit in the next ensuing Parliament to be holden at Oxford the 21st of March next cannot but with all Thankfulness acknowledge your most faithful Endeavours and unwearied Pains in serving us in the last Parliament searching into and discovering the late damnable Hellish Popish Plot The preservation of His Majesty's Person the Protestant Religion and the well established Government of the Realm To secure the Meeting and Sitting of frequent Parliaments to assert our undoubted Right of Petitioning and to punish such who would have betrayed those Rights To promote a happy Union amongst all His Majesty's Protestant Subjects to Repeal the Act of the 35th of Queen Elizabeth and the Corporation Act and particularly for what Progress hath been made in the Bill of Exclusion of all Popish Successors the principal Cause of all the Miseries and Ruine impending these Kingdoms in general beseeching You as now our Representatives to prosecute the same good Ends and Purposes until the Nation shall be throughly secured against Popery and Arbitrary Power both in Church and State And further in imitation of the ever Renowned City of London We Request You in our behalf to present our humble Acknowledgements to the Right Honorable the Earl of Essex and by him to all the rest of those Right Honorable Peers for their late Excellent Petition and Advice to His Majesty and for all the rest of all their Faithfull Services and Endeavours they have performed for the Protestant Interest of the Nation The Address of the Gentry and Free-holders of the County of Essex To Sir Henry Mildmay and John Lemot Honeywood Esquire Unanimously Re elected Knights for the Shire Feb. 22. 1680 1. Gentlemen THe Faithful Discharge of that Trust we formerly gave You is the true Inducement of our Chusing You again to be our Representatives being abundantly satisfied not only in Your Care and Prudence in General but also in Your Particular Care and Unwearied Diligence in Your Conscientious Endeavours to secure His Majesty's Royal Person the Protestant Religion and Government of the Realm To Unite all His Majesty's Protestant Subjects To Repeal the Act of the 35th of Elizabeth To Assert our just and ancient Rights and Priviledges and particularly that of Petitioning and to punish those who were studious to betray them For Your two excellent Addresses and Publishing Your Votes Endeavouring to secure the Meeting and Sitting of Frequent Parliaments To destroy and root out Popery by securing us against all Popish Successors and particularly by passing a Bill against James Duke of York without which we are highly sensible that all other means will be ineffectual and the Peace and Safety of the Kingdom and government it self left in great danger it being inconsistent with our Oath by which we swear against the Pope's Supremacy whil'st a Popish King himself owns it and it being against the Essence of Government that People should obey him who by his Principles as a Papist is bound to destroy them And as we do heartily thank You for Your past worthy Behaviour herein so we have chosen You to Act on our behalf in the next Parliament to be holden at Oxford in full trust and considence that with Courage and Integrity You will persevere in the same good Endeavours pursuing all things that shall be found for our Publick Good and Safety And in full Assurance that You will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power And untill the Fleet and Garisons are settled in the hands of such as are Persons of known Loyalty and Fidelity to the King and Kingdom and true Zeal and Affection for the Protestant Religion and we do resolve by Divine Assistance to stand by You therein with our Lives and Fortunes 'T is observable That this Address being openly read to their Representatives and confirm'd by the Unanimous and loud Acclamations of the Free-holders for further demonstration that it was the Sense of each individual person of that Numerous Assembly it was offered that so many as agreed to it should say Ay upon which they all cried out Ay Ay. And if any were otherwise minded they were desired to express their Dissent by saying No At which there was Altum Silentium not one to be heard saying No. The Address of the Gentry and other Free-holders of the County of Surrey being in number about 2000 Feb. 23. 1680 1. To Arthur Onslow and George Evelin Esquires elected Knights for this County in the ensuing Parliament whose Session is appointed at Oxon the 21st of the following Month. WE the Free-holders of the County of Surrey having in the two former Parliaments chosen you to be our Representatives and being fully satisfied in your Faithfullness and Care to preserve the Protestant Religion
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23. to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Justice By me Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam. 8.11 be a Statute of Prerogative and prove all those particulars to be the Right of the King then Mishpat Haccohanim the Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop of Canterbury concerning Prohibitions was informed that when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other Thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other Case in which there is not express Authority by Law the King himself may decide it in his Royal person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own person cannot adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled That the Archbishop durst inform the King that such absolute power and authority as is aforesaid belonged to the King by the Word of God CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him Nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowr'd him II. An Usurped Illegal and Arbitrary power is so far from being the Ordinance of God that it is not the Ordinance of Man III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose practice was murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Good and Faithful Subjects to Us and our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all intents and purposes making void all Prohibitions therein mentioned pains or penalties therein ordain'd to be Inflicted so that they shall in all things be as free in all Respects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is our Will and Pleasure and we do hereby command all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of our good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid Cass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in our said Kingdom or enjoy their Hereditary Right and Priviledges discharging the same to be taken or given in any time coming without Our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect We do by Our Royal Authority aforesaid Stop Disable and Dispense with all Laws enjoyning the said Oaths Tests or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescrib'd and all others as well not mentioned as mentioned and that in place of them all our good Subjects or such of them as We or our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose His Authority to His Person as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain Him His Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or our Council Actions done or generally any thing perform'd or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murthers Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And We command and require all Our Judges or others concerned to explain this in the most ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present providing also that they Reveal to any of Our Council the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their Respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer Violence to be offered to any Man's Conscience nor will We use Force or Invincible Necessity against any Man on the account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Minsters in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their
The Pope published a Bull in print against the restoring of Abby-Lands which Dr. Burnet affirms also Ap. Fol. 403. It is notoriously false they both asserting the contrary Dr. Burnet's Words in that very place are these The Pope in plain terms refused to ratifie what the Cardinal had done and soon after set out a severe Bull cursing and condemning all that held any Church Lands Seventhly and lastly The succeeding Popes have been clearly of this opinion Pope Pius the Fourth who immediately succeeded this Paul confirm'd the Counoil of Trent and therein damned all the detainers of Church-Lands and tho he was much importuned to confirm some Alienations made by the King of France to pay the debts of the Crown yet he absolutely refused it F. Pauls H. C. Trent 713. Pope Innocent the Tenth first protested against the Alienations of Church Lands in Germany that were made at the great Treaty of Munster and Osnaburg A. D. 1648. and when that would not do by his Bull Nov. 26. in the very same Year damns all those that should dare to retain the Church-Lands and declares the Treaty void Infirmnentum pacis c. Innocentii 10 me declaratio nullitatis Artic. c. and all their late Popes in the Bulla caenae do very solemnly Damn and Excommunicate all who usurp any Jurisdiction Fruits Revenues and Emoluments belonging to any Ecclesiastical person upon account of any Churches Monasteries or other Ecclesiastical Benefices or who upon any occasion or cause Sequester the said Revenues without the Express leave of the Bishop of Rome or others having lawful power to do it c. And tho upon Geod-Friday there is published a general Absolution yet out of that are expresly excluded all those who possess any Church Lands or Goods who are still left under the sentence of Excommunication Toleti Instr Sacerd. and his Explicatio casuum in Bulla caenae Dni reserva From which consideration it 's evident that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors but that he always urg'd the necessity of restoring of them to religious uses in order to which the papists prevailed to have the statute of Mortmain repealed for 20 Years In Queen Elizabeth's Reign the factious party that was manag'd wholy by Romish â—missaries demanded to have Abbtes and such Religious Houses restored for their Vse and A. D. 1585. in their petition to the Faâ—hament they set it down as a 〈◊〉 Doctrine that things once dedicated to Sacred Vses ought so to remain by the Word of God for ever and ought not to be converted to any private Vse Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands is evident from many of their late Books as the Religion of M. Luther lately printed at Oxford p. 15. The Monks wrote Anathema upon the Registers and Donations belonging to Monasteries the weight and essect of which curses are both felt and dreaded to this day To this End the Monastiâ—â—â— Anglicanum is so diligently preserved in the Vatican and other Libraries in the popish Countries and especially this appears from the obstinate refusal of this present Pope to confirm these Alienations tho it be a matter so much controverted and which would be of that vast Use towards promoting their Religion in this Kingdom If therefore the Bishops of Rome did never confirm these Alienations of Church-Lands but earnestly and strictly required their Restitution if they have declared in their Authentick Canons that they have no power to do it and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them Then let every one that possesseth these Lands and yet own either of these Foreign Jurisdictions consider that here is nothing left to excuse him from Sacriledge and therefore with his Estate he must derive a curse to his posterity There is scarcely any Papist but that is forward to accuse King Henry the 8th of Sacriledge and yet never reflects upon himself who quietly possesseth the Fruits of it without Restitution either let them not accuse him or else restore themselves Now whatever opinions the papists may have of these things in the time of health yet I must desire to remember what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days Viz. That if he would encourage them in England they did not doubt but that by dealing with the Consciences of those who were dying they should soon recover the greatest part of the Goods of the Church Dr. Burnet's Hist Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in England and by consequence burthensome to the few Nobility and Gentry of that perswasion they will find it necessary for them to consent to a Restitution of their Lands that they may share the burthen among others For so vast are the Burthens and Payments that that Religion brings with it that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest And I am confident that the Gentry of England that are Papists have found greater Burthens and Payments since their Religion hath been allow'd than ever they did for the many years it was forbid and this charge must daily encrease so long as their Clergy daily grows more numerous and their few Converts are most of them of the meanest Rank and such as want to be provided for And that 's no easie matter to force Converts may appear from that Excellent Observation of the great Emperour Charles the Fifth who told Queen Mary That by endeavouring to compel others to his own Relegion he had tired and spent himself in vain and purchas'd nothing by it but his own dishonour Card. Pool in Heylin's Hist Ref. p. 217. And to conclude this Discourse had the Act of Pope Julius the Third by his Legate Cardinal Pool in confirming of the Alienation of Church Lands in England been as valid as is by some pretended yet what shall secure us from an Act of Resumption That very Pope after that pretended Grant to Cardinal Pool published a Bull in which he Excommunicated all that kept Abby-Lands or Church Lands Burnet's Hist Vol. 2. p. 3â—9 by which all former Grants had there been any were cancell'd His Successor Pope Paul the Fourth retrieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church since the time of Julius the Second and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England amount only to this That they may stay for a fair opportunity when it may be done without disturbing the peace of the Kingdom From all which it 's evident that the detaining of Abby-Lands and other Church-Lands from the Monks and Friars is altogether inconsistent with the Doctrine and Principles of the Romish Religion The King's
there that injustice in it which our Author does imagine For not being satisfied to remain disobedient and refractory to an Edict and Decree of the Arch-Duke Matthias and the Council of State who Anno 1578. had appointed that wheresoever there were a hundred Families of those professing the Reformed Religion that they should there be allowed a Church or Chappel for the exercise of their Worship they not only broke all their capitulations made with the Protestants thro oppressing them in various severe unjust method's and in denying them a decent and convenient place in which they might bury their dead but they were found to be still inclining to the Spanish Interest and ready to espouse it upon the first convenient opportunity And therefore the Protestants who were by much the majority partly to relieve themselves from the sufferings which were daily inflicted upon them contrary to stipulations and Articles and partly to prevent the mischiefs which would have ensued to the whole Country should that City have been betrayed again into the power and hands of the Spaniards assumed the Government to themselves and eased the other party of the Trust which they had so unwisely and unrighteously managed Nor can our Author deny but that since they took on them the Ruling Authority they have exercised it with all the moderation that can be expressed And have been so far from returning to the Roman Catholicks the like measures which themselves had met with that they have in no one thing given them cause to complain unless they should quarrel that they are kept out of capacity of doing the mischief their priests would otherway's be ready to excite them unto and which their Religion would countenance them in But it is now time that I should proceed to the fourth thing for which I promised to call our Anonymous Answerer to an account And were he not of a singular Forehead and of a peculiar complexion from all others he could not have had the impudence to endeavour to deceive the world into a belief that the Protestant Dissenters in England stand listed by their Highnesses into the same rank with the Papists and that they are hereafter to expect to be shut up into the same state and condition Certainly he must either have an Antipathy woven into his nature against all truth and sincerity or else thro having long accustomed himself to the misreporting of persons and to the giving false representations of things he must at last have acquired an incurable Habit otherwise it were impossible to prevaricate to that degree from truth in every thing he medleth with and which he undertaketh to say For Mijn Heer Fagel having declared that the reason why their Highnesses can not agree to the Repeal of the Test Laws is because they are of no other tendency than to secure the Reformed Religion from the designs of the Roman Catholicks and that they contain only conditions and provisions whereby men may be qualified to be Members of Parliament and to bear publick Offices Our Author hereupon tells us That the Nonconformists as well as the Roman Catholicks do apprehend that they receive a great deal of damage by those Laws and do account them extremely prejudicial to their Persons and Families And where as Monsieur Fagel had said that he would be glad to hear one good Reason whereby a Protestant fearing God and concerned for his Religion could be prevailed upon to consent to the Repealing of these Laws which have been enacted by the Authority of King and Parliament and that have no other tendency save the providing for the safety of the Reformed Religion and the hindring Roman Catholicks from being in a capacity to subvert it Our Author in way of reflection upon this tells us that it is not only a Childish demand but that it is to be hop'd that the pensionary will from hence be brought to acknowledg how trifling and weak all those Reasons are by which he would preclude the Nonconformists as well as the Roman Catholicks from publick Employments So that by these and many other passages equally false and disingenuous in our Author 's pretended Answer which for brevity's sake I forbear to mention it is apparent that he endeavours to perswade the world into a belief that the Dissenters are staed by their Highnesses in the same rank and condition with the Papists and are to expect to be treated in the same manner in case it please the Almighty God to bring Their Highnesses to the Throne One would wonder at this sudden and strange change in the opinion and conduct of the Papists towards the Nonconformists that they who were represented by them a while ago ' as unfit to live in His Majesties Dominions should now come to be accounted the Kings best and most Faithful Subjects and worthy to be advanced to the chief Trusts and Employ's 'T is but a few years since that all the Laws enacted against them were judged to be too few and gentle and therefore they had Laws executed upon them to which the Legislators had never made them obnoxious but now the Roman Catholicks are become so tender of their ease and safety that out of pure kindness unto them if any will be so foolish as to believe it they must have Laws abrogated which in the worst times and during the most illegal and barbarous procedures against them they were never affected with nor suffered the least prejudice by And whereas it was the only way for persons heretofore to make their Court at St. James's by declaiming against the Dissenters as Rebels and Traitors and by putting them into a salvage Dress to be run upon as beasts of prey it is now grown the only method of becoming gracious at Whitehall to proclaim their Loyalty and to cry them up for the only people in whom his Majesty with safety to his Person and Crown can repose a confidence But under all the Shapes which the Papists do assume they may be easily discovered to retain the same malice to the Reformed Religion and only to act those various and opposite parts in order the better to subvert it And the Dissenters being harassed and oppressed before and indulged and caressed now was upon the same motive of hatred unto it and in subserviency to its extirpation The method's are altered but the design is one and tho they have changed their Tools yet they remain constant in the pursuance of the same End While they of the Church of England were found compliant with the ways which the Factors for Rome thought serviceable thereunto they were not only the Favourites of the Court and of the whole Popish party but were gratified at least as was pretended with a rigorous execution of the Penal Laws upon Dissenters But there remaining several steps to be taken for the introduction of Popery and the extirpation of the Reformed Religion which they of the National Communion would not go along with them in they are forced to
our Jealousie but to stir up severer passions to be told at a season when we know what the Catholicks are doing in France and in most other places where they have any power that the Papists through having burnt their fingers with persecution may be grown so wise as to do so no more and yet to have it asserted in the same Page that they who can be prevailed upon to believe that the Church of England is sorry for what She hath done and that she will not be guilty of such a thing again have little reason to quarrel at the unaccount ableness of Transubstantiation Good Advice p. 8. Nor is it becoming one who stiles himself a Protestant no more than it is consistent with Truth to extenuate our being scandal'd at the severity upon Protestants in France by affirming that he can parallel some of the severest passages in that Kingdom out of the Actions of some Members of the Church of England in cool Blood ibid. p. 7. And though I have all the kindness imaginable for Mr. Pen's Person and am loath to think otherways of him as to his Religious Principles than as his avowed profession discovers him yet these and diverse passages more of that kind together with the accession he must necessarily have had to the apprehension and imprisonment of Mr. Gray c. for abandoning the Benedictine Order are things I can neither reconcile to the title he assumes nor to his many Discourses for Repealing the Test Laws And to speak freely considering the Nature of our Laws against Papists and that it was their manifold Treasons and onely our care to preserve our selves that both gave the first rise unto them and has necessitated their continuance I know neither how to construe that Assertion of Mr. Pen's Good Advice p. 13. that the Principle which the Church of England acts by justifies the King of France and the Inquisition nor that other Letter first of there having been eight times more Laws made for ruining men for their Conscience since the Church of England came to be the National Establishment than were all the time that Popery was in the Chair Nor can this be designed to any other end but the giving the Church of Rome the commendation of Mercy and Moderation above a Protestant Church For as 't is certain that the one Law of Burning and Extirpating Hereticks was a thousand fold worse and hath produced infinitely more Sanguinary effects than all the Laws and Rigours that the Church of England can be charged with so there is nothing can be falser than that either her Principle or Practice do parallel or justifie the barbarous and brutal severities of the French King and the Inquisition Moreover were all Protestants agreed that Liberty in meer matters of Religion should be immediately granted in a Legal way yet I do not see how the Papists should pretend to any benefit by it or be able to lay a just claim to a share in it So that the foundation which Mr. Pen goes upon of mens having a Right to be indulged in matters of Religion is too narrow to support the structure he raiseth upon it For though there may be some things retained in Popery which may be called matters of Religion yet in the bulk and complex of it it is a Conjuration against all Religion and a Conspiracy against the Peace of Societies and the Rights of Mankind 'T is one of the Crimes as well as the Miseries of this Age that out of a dread of some and in complacence to others we have avoided representing Popery in its native colours and calling it by the Names properly due unto it But I have always thought that 't is better fail in our Courtship to Men than in our duty to God and fidelity to the Interest of Jesus Christ and the safety of Mankind Nor do I doubt but that they will be better approved in the Great day of Account who Character Persons Doctrines and Practices as the Scripture doth than they who that they may accommodate themselves unto and be acceptable with the world speak of them in a softer stile Now if either Blasphemies against God or Tyrannies over Men if either the defacing the Ideas of a Deity or corrupting the Principles of Vertue and Moral Honesty if either the subverting the foundations of natural Religion or the overthrowing the most essential Articles of the Christian Faith if either the most avowed and bold affronts offered to heaven or the bloodiest and most brutal outrages executed against the best of men if all these be sufficient to preclude a party from the benefit of Liberty due to people in Religious Matters I am sure none have reason to challenge it in behalf of the Papists nor cause to complain if it be denied them Can there be any thing more unreasonable than that they should claim a Toleration in a Protestant State whose Principles not only allow but oblige them to destroy us as soon as their power inables them to do it Is not the Doctrine of the Pope's Supremacy and his having a Right to Depose Kings and absolve Subjects from their Allegiance together with that of breaking Faith to Hereticks and the extirpating all those who cannot believe as the Church of Rome doth mighty inducements to those whom they have baptized with that Name and to whom they long to exercise that courtesie for the Repealing of the Penal and Test Laws against Papists Nor are these Principles falsely charged upon them but they are the Oracular Decisions of their General Councils and Popes whom they stile Infallible So that Mr. Pen's Book and Letters which seem to have been written not so much in favour of Dissenting Protestants as of Roman Catholicks can little advantage the latter even allowing the Principle which he goes upon and admitting all he hath said for Mens Right to Liberty in meer matters of Religion to be unanswerable And his telling us Good Adv. p. 42. that Violence and Tyranny are not natural consequences of Popery does onely discover his kindness to Rome and the little Friendship and care he hath for the Protestant Interest For we know both the Principles of their Religion too well and have at all times experienced and do at this day feel the effects of them too sensibly to be deluded by this kind of Sophistry and imposed upon by so palpable a Falsehood to abandon the means of our safety Wheresoever any Popish Rulers Act with Gentleness and Moderation towards those whom their Church hath declared Hereticks 't is either because there are Political Reasons for it as might be easily shewed in reference to all those States and Governments which he mentions or because there are some Princes of the Roman Communion in whom the Dictates of Humane Nature are more prevalent than those of their Religion But should the gentle Temper of the English Nation sway them beyond the strict obligations of duty and make them willing to Repeal the
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
emitted his Declaration for Liberty of Conscience there were Commissions of Reprisal prepared and ready to be granted to the English East-India Company against the Hollanders but which were suppressed upon the Court 's finding that they whom the suspending the Execution of so many Laws and the granting such Liberties Rights and Immunities to the Papists had disgusted and provoked were far more numerous and their resentments more to be apprehended than they were whose murmurings and discontents they had silenced and allay'd by the liberty that was granted Now as it will be at this juncture when the Protestant Interest is so low in the World and the Reformed Religion in so great danger of being Destroyed a most wicked as well as an imprudent Act to contribute help and aid to the Subjugating a People that are the chief Protectors of the Protestant Religion that are left and almost the only Asserters of the Rights and Liberties of Mankind so it may fill the Addressers with confusion and shame that they should have not only justified an Act of His Majesty's that is plainly designed to such a mischievous End but that they should by the Promises and Vows that they have made Him have emboldned His Majesty to continue his purposes and resolutions of a War against the Dutch Which as it must be funestous and fatal to the Protestant Cause in case he should prosper and succeed so howsoever it should issue yet the Addressers who have done what in them lyes to give encouragement unto it will be held betrayers of the Protestant Religion both abroad and at home and judged guilty of all the Blood of those of the same Faith with them that shall be shed in this Quarrel That Liberty ought to be allowed to men in matters of Religion is no Plea whereby the King 's giving it in an illegal and Arbitrary manner can be maintained and justified Since ever I was capable of exercising any distinct and coherent acts of Reason I have been always of that mind that none ought to be persecuted for their Consciences towards God in matters of Faith and Worship Nor is it one of those things that lye under the power of the Sovereign and Legislative Authority to grant or not to grant but it is a Right setled upon Mankind antecedent to all Civil Constitutions and Humane Laws having its foundation in the Law of Nature which no Prince or State can legitimately violate and Infringe The Magistrate as a Civil Officer can pretend or claim no Power over a People but what he either derives from the Divine Charter wherein God the Supreme Institutor of Magistracy has chalk'd out the Duty of Rulers in general or what the People upon the first and original Stipulation are supposed to have given him in order to the Protection Peace and Prosperity of the Society But as it does no where appear that God hath given any such Power to Governors seeing all the Revelations in the Scripture as well as all the Dictates of Nature speak a contrary Language so neither can the People upon their chusing such a one to be their Ruler be imagined to transfer and vest such a Power in him forasmuch as they cannot divest themselves of a Power no more than of a Right of believing things as they arrive with a Credibility to their several and respective Understandings As it is in no Man's Power to believe as he will but only as he sees cause so it is the most irrational Imagination in the World to think they should transfer a Right to him whom they have chosen to govern them of punishing them for what it is not in their power to help Nor can any thing be plainer than that God has reserved the Empire over Conscience to himself and that he hath circumscribed the Power of all Humane Governors to things of a civil and inferior Nature And had God convey'd a Right unto Magistrates of commanding Men to be of this or that Religion and that because they are so and will have others to be of their mind it would follow that the People may conform to whatsoever they require tho by all the Lights of Sense Reason and Revelation they are convinced of the Falshood of it Seeing whatsoever the Sovereign rightfully Commands the Subjects may lawfully obey But tho the persecuting People for Matters of mere Religion be repugnant to the Light of Nature inconsistent with the Fundamental Maxims of Reason directly contrary to the Temper and Genious as well as to the Rules of the Gospel and not only against the Safety and Interest of Civil Societies but of a Tendency to fill them with Confusion and to arm Subjects to the cutting of one anothers Throats yet Governors may both deny Liberty to those whose Principles oblige them to destroy those that are not of their mind and may in some measure Regulate the Liberty which they vouchsafe to others whose Opinions tho they do not think dangerous to the Peace of the Community yet through judging them Erroneous and False they conceive them dangerous to the Souls of Men. As there is a vast difference betwixt Tolerating a Religion and approving the Religion that is Tolerated so what a Government doth not approve but barely permits and suffers may be brought under Restrictions as to time place and number of those professing it that shall assemble in one Meeting which it were an Undecency to extend to those of the justified and established way Now whatsoever Restrictions or Regulations are enacted and ordained by the Legislative Authority in reference to Religions or Religious Assemblies they are not to be stop'd disabled or suspended but by the same Authority that enacted and ordained them The King says very truly That Conscience ought not to be constrained nor People forced in matters of mere Religion But it does not from thence follow unless by the Logick of Whitehall that without the concurrence of a Parliament he should suspend and dispense with the Laws and by a pretended Prerogative relieve any from what they are Obnoxious unto by the Statutes of the Realm His saying that the forcing People in matters of Religion spoils Trade depopulates Countries discourageth Strangers and answers not the End of bringing all to an Uniformity for which it is employ'd would do well in a Speech to the Houses of Parliament to perswade them to Repeal some certain Laws or might do well to determine his Majesty to assent to such Bills as a Parliament may prepare and offer for relieving Persons in matters of Conscience but does not serve for what it is alledged nor can it warrant his suspending the Laws by his single Authority And by the way I know when these very Arguments were not only despised by his Majesty and rediculed by those who took their Cue from Court and had Wit to do it as by the present Bishop of Oxford in a very ill-natur'd Book called Ecclesiastical Polity but when the daring to have mentioned them would
commended or promised to stand by him For tho the Matter and Subject of the Arbitrary Act of him now upon the Throne be not as to every Branch of it so publickly Scandalous as some of the Arbitrary Proceedings of the late King were as relating to a Favor which Mankind hath a just Claim unto yet it is every way as Illegal being in reference to a Privilege which his Majesty hath no Authority to grant and bestow And were it not that there are many Dissenters who preserve themselves Innocent at this Juncture and upon whom the Temptation that is administred makes no Impression the World would have just ground to say that the Fanaticks are not governed by Principles but that the Measures they walk by are what conduceth to their private and personal Benefit or what lyes in a Tendency to their Loss and Prejudice And that it was not the late King's Usurping and exerting an Arbitrary and illegal Power that offended them but that they were not the Objects in whose Favor it was exercised 'T is also an Aggravation of their Folly as well as their Offence that they should revive a Practice which the Nation was grown asham'd of and whereof they who had been guilty begun to repent through having seen that all the former Declarations Assurances and Promises of the Royal Brothers which tempted to Applications of that kind were but so many Juggles peculiar to the late Breed of the Family for the deceiving of Mankind and that never one of them was performed and made good But the Transgression as well as the Imprudence of the present Addressers is yet the greater and they are the more Criminal and Inexcusable before God and Men in that they might have enjoyed all the Benefits of the King's Declaration without acknowledging the Justice of the Authority by which it was granted or making themselves the Scorn and Contempt of all that are truly Honest and Wise by their servile Adulations and their Gratulatory Scriblers unbecoming English-men and Protestants They had no more to do but to continue their Meetings as they had sometimes heretofore used to do without taking notice that the present Suspension of the Laws made their Assembling together more safe and freed them from Apprehensions of Fines and Imprisonments Nor could the King how much soever displeased with such a Conduct have at this time ventured upon the expressing Displeasure against them seeing as that would have been both to have proclaimed his Hypocrisie in saying That Conscience ought not to be constrained nor People forced in matters of mere Religion and a discovering the villainous Design in Subserviency to which the Declaration had been emitted so it were not possible for him after what he hath published to single out the Dissenters from amongst other Protestants and to fall upon all before Matters are more ripe for it might be a means of the Abortion of all his Popish Projections and of saving the whole Reformed Interest in Great Britain Neither would the Church of England-men have envied their Tranquility or have blamed their Carriage but would have been glad that their Brethren had been eased from Oppressions and themselves delivered from the grievous and dishonorable Task of prosecuting them which they had formerly been forced unto by Court-Injunctions and Commands And as they would have by a Conduct of this Nature had all the Freedom which they now enjoy without the Guilt and Reproach which they have derived upon themselves by Addressing so such a Carriage would have wonderfully recommended them to the Favor of a true English Parliament which tho it would see cause to condemn the King's Usurping a Power of Suspending the Laws and to make void his Declaration yet in gratitude to Dissenters for such a Behavior as well as in Pity and Compassion to them as English Protestants such a Parliament would not fail to do all it could to give them relief in a legal way Whereas if any thing Enflame and Exasperate the Nation to revive their Sufferings it will arise from a Resentment of the unworthy and treacherous Carriage of so many of them in this critical and dangerous Juncture But the Terms which through their Addressing they have owned the receiving their Liberty and Indulgence upon does in a peculiar manner enhance their Guilt against God and their Country and strangely adds to the Disgust and Anger which Lovers of Religion and the Laws of the Nation have conceived against them For it is not only upon the Acknowledgment of a Prerogative in the King over the Laws that they have received and now hold their Liberty but it is upon the Condition That nothing be preached or taught amongst them that may any ways tend to alienate the Hearts of the People from his Majesty's Person and Government He must be of an Understanding very near allied unto and approaching to that of an Irish-man who does not know what the Court-Sense of that Clause is and that his Majesty thereby intends that they are not to preach against Popery nor to set forth the Doctrines of the Romish Church in Terms that may prevent the Peoples being infected by them much less in Colours that may render them Hated and Abhorred To accuse the King's Religion of Idolatry or to affirm the Church of Rome to be the Apocalyptick Babylon and to represent the Articles of the Tridentine Faith as Faithful Ministers of Christ ought to do would be accounted an alienating the Hearts of their Hearers from the King and his Government which as they are in the foresaid Clauses required not to do so they have by their Addressing confessed the Justice of the Terms and have undertaken to hold their Liberty by that Tenor. And to give them their due they have been very Faithful hitherto in conforming to what the King Exacts and in observing what themselves have assented to the Equity of For notwithstanding all the Danger from Popery that the Nation is exposed unto and all the Hazard that the Souls of Men are in of being poysoned with Romish Principles yet instead of Preaching or Writing against any of the Doctrines of the Church of Rome they have agreed among themselves and with such of their Congregations as approve their Procedure not so much as to mention them but to leave the Province of defending our Religion and of detecting the Falshood of Papal Tenets to the Pastors and Gentlemen of the Church of England And being ask'd as I know some of them that have been why they do not preach against Antichrist and confute the Papal Dectrines they very gravely reply that by preaching Christ they preach against Anti-christ and that by Teaching the Gospel they refute Popery which is such a piece of fraudulent and guilful Subterfuge that I want words to express the knavery and criminalness of it What a reserve and change have I lived to see in England from what I beheld a few years ago It was but the other day that the Conformable Clergy
Orange designs the King's safety and preservation and hope all things may be composed without more Blood-shed by the calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect peace and safety till when let me beg You to continue the same favourable Opinion that You have hitherto had of Your most Obedient Daughter and Servant ANNE A Memorial of the Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of Orange YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government Established by Law have been many ways troubled and vexed by restless contrivances and designs of the Papists under pretence of the Royal Authority and things required of them unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemeanours superseded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the King would have Condemned as happened to Judg Powel and Holloway for acquitting the Seven Bishops Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long joyntly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their aim That they most humbly implore the Protection of your Royal Highnesses as to the 〈◊〉 ending and incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledg and that Your Royal Highness would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liâ—â—â—ties as well of that as other Corporations restored and all things returned to their 〈◊〉 Channel c. Admiral Herbert 's Letter to all Commanders of Ships and Seamen in His Majesties Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous way you are at present in where Ruin or Infamy must inevitably attend you if you don't joyn with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the true Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to joyn your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your power and may it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assure your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not to add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Aboard the Leyden in the Gooree Lord Delamear 's Speech THE occasion of this is to give you my Thoughts upon the present Conjuncture which concerns not only you but every Protestant and Free-born Man of England I am confident that wishes well to the Protestant Religion and his Country and I am perswaded that every Man of you thinks both in danger and now to lie at stake I am also perswaded that every Man of you will rejoyce to see Religion and Property settled if so then I am not mistaken in my Conjectures concerning you Can you ever hope for a better Occasion to root out POPERY and SLAVERY than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty And in saying this I will invite you to nothing but what I will do my self and I will not desire any of you to go any further than I will move my self neither will I put you upon any Danger where I will not take share in it I propose this to you not as you are my Tenants but as my Friends and as you are Englishmen No Man can love Fighting for its own sake nor find any pleasure in danger And you may imagine I would be very glad to spend the rest of my days in peace I having had so great a share in Troubles but I see all lies at stake I am to chuse whether I will be a Slave and a Papist or a
for we assure our selves that no rational and unbyassed Person will judge 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 his 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 Gods Protection that turneth the Hearts of 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 present restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledg 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 as soon 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 Heresie And 2. Queen Mary's so ill observing her Promises to the Suffolk-men that help'd her to the 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 Alarmed 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 Parliament to sit the Fifteenth of January next I can only add in the name of my Self and all these Gentlemen and others here met That we will ever be ready to support and defend the Laws Liberties and Protestant Religion And so GOD SAVE THE KING To this the Mayor Aldermen and the rest of the Corporation and a numerous Assembly did concur with his Grace and the rest of the Gentry His Grace at his lighting from his Horse perceiving great numbers of Common People gathering together called them to him and told them He desired they would not take any occasion to commit any Disorder or Outrage but go quietly to their Homes and acquainted them that the King had ordered a Free Parliament to be called The Speech of the Prince of Orange to some Principal Gentlemen of Somersetshire and Dorsetshire on their coming to joyn his Highness at Exeter the 15th of Nov. 1688. THO we know not all your Persons yet we have a Catalogue of your Names and remember the Character of your Worth and Interest in your Country You see we are come according to your Invitation and our Promise Our Duty to God obliges us to protect the Protestant Religion and our Love to Mankind your Liberties and Properties We expected you that dwelt so near the place of our Landing would have joyn'd us sooner not that it is now too late nor that we want your Military Assistance so much as your Countenance and Presence to justifie our declar'd Pretensions rather than accomplish our good and gracious Designs Tho we have brought both a good Fleet and a good Army to render these Kingdoms happy by rescuing all Protestants from Popery Slavery and Arbitrary Power by restoring them to their Rights and Properties established by Law and by promoting of Peace and Trade which is the Soul of Government and the very Life-Blood of a Nation yet we rely more on the goodness of God and the Justice of our Cause than on any Humane Force and Power whatever Yet since God is pleased we shall make use of Human Means and not expect Miracles for our Preservation and Happiness let us not neglect making use of this gracious Opportunity but with Prudence and Courage put in Execution our so honourable Purposes Therefore Gentlemen Friends and Fellow-Protestants we bid you and all your Followers most heartily Welcom to our Court and Camp Let the whole World now judg if our Pretensions are not Just Generous Sincere and above Price since we might have even a Bridge of Gold to return back But it is our Principle and Resolution rather to die in a good Cause than live in a bad One well knowing that Vertue and True Honour is its own Reward and the Happiness of Mankind Our Great and Only Design The true Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he quarter'd the one and twentieth of November 1688. WE the Nobility and Gentry of the Northern parts of England being deeply sensible of the Calamities that threaten these Kingdoms do think it our Duty as Christians and good Subjects to endeavour what in us lies the Healing of our present Distractions and preventing greater And as with grief we apprehend the said Consequences that may arise from the Landing of an Army in this Kingdom from Foreign parts So we cannot but deplore the Occasion given for it by so many Invasions made of late Years on our Religion and Laws And whereas we cannot think of any other Expedient to compose our Differences and prevent Effusion of Blood than that which procured a Settlement in these Kingdoms after the late Civil Wars the Meeting and Sitting of a Parliament freely and duly Chosen we think our selves obliged as far as in us lies to promote it And the rather because the Prince of Orange as appears by his Declaration is willing to submit his own Pretensions and all other Matters to their Determination We heartily Wish and
in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only Engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make perfidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treuchery upon another even within the Empire it self The Cities of the Empire which were Surrendred upon Articles signed by the Dauphin himself have been exhausted by excessive Impositions and after their being exhausted have been Plundred and after Plundring have been Burned and Razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the ground The Churches are Robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short It is become a Diversion to them to commit all manner of Insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the holy Roman Empire by the best means we can think on and that no less against them than against the Turks we promise our selves from your Justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof we take measures for our mutual Defence of Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would Direct all things to his glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9th of April 1689. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers Imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws without consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By 〈◊〉 and causing to be executed a Commission under the great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in the time of Peace whithout consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals for High-Treason which were not Free-holders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been Imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Convictions or Judgment against the Persons upon whom the same were to be Levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22d Day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a standing Army within the Kingdom in time of Peace unless it be with
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking 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 directly 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 Statues 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 Qeen 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 laudable 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 Privileges 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 us 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 Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
recites the daily Experiences that many of his Majesty's Subjects that adhere in their Hearts to the Popish Religion by the Infection drawn from thence by the wicked and devillish Counsel of Jesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalties and due Allegiance to the King's Majesty and the Crown of England as they are ready to entertain and execute any Treasonable Conspiracies and Practices And for the better Trial how his Majesty's Subjects stand affected in point of their Loyalties and due Obedience Enacts that it shall be lawful for any Bishop in his Diocess or any two Justices of the Peace whereof one to be of the Quorum within the Limits of their Jurisdiction out of the Session to require any Person of the age of eighteen Years or above which shall be convict or indicted of Recusancy other than Noblemen c. or which shall not have received the Sacrament twice within the Year then next past or any Person passing in or through the Country unknown that being examined upon Oath shall confess or not deny him or her self to be a Recusant and to take the Oath therein after expressed viz. c. The Oath of Allegiance So that by the occasion of imposing the Oath and by the appointing it to be tendred only to Papists or suspected Papists it is apparent that the Design of the Law-makers was to detect such Persons as were perverted or in danger to be perverted in their Loyalty by Infection drawn from the Popish Religion The form of the Oath makes it yet more evident being wholly levell'd against any Opinion of the Lawfulness of deposing the King or practising any Treason against him upon pretence of his being excommunicated or deprived by the Pope and against any Opinion of the Pope's Power to discharge Subjects from their Oaths of Fidelity to their Princes It runs thus viz. I A. B. Do truly and sincerely profess testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawful and rightful King of this Realm and of all his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesty's Kingdoms or Dominions or to authorize any Foreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs and Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor and detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am perswaded that neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good and lawful Authority to be lawfully administred unto me and I do renounce all Parsons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledg and swear according to these express words by me spoken and according to the plain and common Sense and Vnderstanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God And the Statute of 7 Jacobi cap. 6. recites that Whereas by a Statute made in the third Year of the said King's Reign the form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by bond of Allegiance but also by the Commandment of Almighty God ought to bear to the King his Heirs and Successors Which Oath such are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof the King had therefore undertaken and worthily performed to the great contentment of all his Subjects notwithstanding the Gainsayings of Contentious Adversaries And to shew how greatly the King 's Loyal Subjects do approve the said Oath they beseech his Majesty that the said Oath be administred to all his Subjects The Pope and Authority of the See of Rome run through the first Paragraph Notwithstanding any Declaration or Sentence of Excommunication c. Governs the second Paragraph Excommunicated and deprived the Pope are the material words in the third Paragraph The fourth is added in Majorem cautelam in opposition to the Popish Doctrine of Dispensing with Oaths Absolving Subjects from their Allegiance Equivocations Mental Evasions c. So that as the Oath of Supremacy did but enforce the Antient Oath of Fealty with an acknowledgment of the Queen 's supream Authority in Ecclesiastial Causes and things as well as Temporal and a Renunciation of all Foreign Jurisdictions so the Oath of Allegiance does but enforce the same old Oath of Fealty by obliging the Subjects of England expresly to disown any lawful Authority in the Pope or See of Rome to depose invade or annoy the King his Dominions or Subjects And notwithstanding any Sentence of Excommunication Deprivation c. by the Pope c. to bear Faith and true Allegiance to the King his Heirs and lawful Successors And to abjure that Position that it is lawful to depose Princes that are Excommunicated or Deprived by the Pope Whatever is added is either Oath over and above what was exprest in the old Oath of Fealty is but as Explanatory of it and branching it out