would compare its Condition with what it is now from the most thriving and flourishing Country of Europe from a place of the briskest Trade and best paid Rents in Christendom it is fallen in one Year and a half 's time to Ruine and Desoration in the most frequent Cities empty Houses and melancholy Countenances in the best Peopl'd Counties unmanur'd neglected Fields and Solitariness Such a one I say might justly exclaim Heu Quantum mutatus ab illo But it would be impertinent to insist any longer on this I must now prove That 't is the advantage of the very Natives themselves who have long been uneasie under the English Government and often endeavour'd to shake it off to be Rul'd and Guided by that Nation they hate so much They are beholding to us for reducing them from a state of Barbarity which left but little difference between them and Brutes We taught them to Live to Eat Drink and Lodge like humane Creatures if they esteem this any advantage and do not really prefer their Native Wildness to all the Benefits of Civil Society Trade Agriculture Merchandizing Learning c. and if the gentleness of the English Government could have had any influence on them they had no reason to be discontented at it They had the equal Protection of the Laws in relation to their Estates and Persons they bore but their just proportion in all Taxes and Cesses Their Lands improv'd in value by the means of their British Neighbours and their Rents were much better paid than formerly whil'st themselves were Masters of the whole Island They had a large connivance for the exercise of their Religion and were even allowed to hold a National Synod of their own Clergy in Dublin Anno 1666. The poor Natives were not oppressed when their severe Land-lords the Irish Gentry by their cruel Extortions Casherings Duties and Days Labour ruin'd them who as soon as the English Manners prevailed among them as they were introduced with difficulty enough there was need of the Authority of Acts of Parliament to constrain them for their own good lived plentifully and in convenient Houses had their share of the current Coyn and proportion of all other Necessaries to the life and well-being of Man which now they want insomuch that several of them have been heard to Curse my Lord Tyrconnel for to his Government they attribute their Misery and acknowledge they never liv'd so well as under the Direction of the English Rulers nor expected to do so again till they were restored to the Helm See the force of Truth which compels a consession of it even from the mouths of its Adversaries One may easily perceive by our Author's manner of arguing where the Shooe pinches he is really concern'd that Ireland is not altogether an independent Kingdom and in the hands of its own Natives he longs till the day when the English Yoak of Bondage shall be thrown off Of this he gives us broad hints when he tells us that England is the only Nation in the World that impedes their Trade That a man of English interest will never Club with them as he phrases it or Project any thing which may tend to their advantage that will be the least bar or prejudice to the Trade of England Now why a man of English interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no grounds for our Author 's Arraigning the whole English Nation in saying That no one man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserv'd only as it seemes for his Hero my Lord Tyrconnel The Imbargo upon the West-India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the good of that Kingdom that both were taken off and I question not but to see a day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a day wherein they will consider us as their own Flesh and Bloud a Colony of their Kindred and Relations and take care of our Advantages with as little grudging and repining I am sure they have the same and no stronger Reason as Cornwall does at Yorkshire There are instances in several Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and Govern'd by the same Laws but the Wisdom of England will not judge it time sitting to do this till we of Ireland be one Man's Children either in Reality or Affection we wish the latter and have made many steps and advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governours in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is sorty to one My Lord of Ormond and the Council whose stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the Conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down-right terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a â—… Proposition â—… Acts and not the subjection to an â—… â—… were the Grievances they would be so â—… British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently seel the ill effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a partiality exercised in executing His Majesty's Commands as may destroy the very intent of them and yet taking the matter strictly the King is obeyed but a good Minister will consider his Masters Intention and not make use of a word that may have a double sence to the ruine of a Kingdom nor of a latitude of power
Money in the payment of his Debt by which though he paid but half or less he might pretend according to the letter to have made good the contract The The power of interpreting a Promise intirely taketh away the virtue of it A Merchant who should once assume that priviledge would save himself the trouble of making any more Bargains It is still worse if this Jurisdiction over a Man's Promise should be lodg'd in hands that have Power to support such an extraordinary Claim and if in other Cases forbearing to deal upon those terms is advisable in this it becometh absolutely necessary XXVII There must in all respects be a full liberty to claim a Promise to make it reasonable to take it in any part of payment else it would be like agreeing for a Rent and at the same time making it Criminal to demand it A superiority of Dignity or Power in the Party promising maketh it a more tender thing for the other party to treat upon that security The first maketh it a nice thing to claim the latter maketh it a difficult thing to obtain In some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the Level of equality there is no Forseiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allow'd to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a King's Brother of England who refused to lend the Pope mony for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the Validity of a Promise when the Contract is made between a Prince and a Subject The very offering a King's Word in Mortgage is rather a threatning in case of Refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a King's Word ought to be should be put into the hands of State-brokers to strike up a Bargain with it XXVIII When God Almighty maketh Covenants with Mankind His Promise is a sufficient Security notwithstanding his Superiority and his Power because first he can neither err nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of His Promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being so large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a Prince tempted by a Passion too strong for him to resist should descend so as to promise Marriage to one of his Subjects and as Men are naturally in great haste upon such occasions should press to take possession before the necessary Forms could be complyed with would the poor Ladies Scruples be called Criminal for not taking the Security of the Royal Word Or would her Allegiance be tainted by her resisting the sacred Person of her Soveraign because he was impatient of delay Courtesie in this case might perswade her to accept it if she was so disposed but sure the just exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great occasion in accepting the security of a Promise and that is when Men are authorized and trusted by others to act for them This putteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not prudent for any man to make an ill Bargain for himself but it is neither the one nor the other where the party contracting treateth on behalf of another by whom he is intrrsted Men who will unwarily accept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers â—… reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Confidence placed in them should prevent the putting any limits to their Power in their Commission yet the Condition implied if not expressed is that the Persons so trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Fault as high as it can go and perhaps no Crime of any kind can outdo such a deliberate breach of Trust or would more justly make Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not always a true Proposition that 't is safe to rely upon a Promise if at the time of making it it is the Interest of the Promiser to make it good This though many times it is a good Inducement yet it hath these Exceptions to it First if the Proposer hath at other times gone plainly against his Visible Interest the Argument will turn the other way and his former Mistakes are so many Warnings to others not to come within the danger any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quicksand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to mistake their Interest Who are they that have such an exemption from human Frailty as that it can never
other great Mischiefs and Inconveniences have also ensuid to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for thr repressirg and preventing of the aforesaid abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 E. 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 Paliament 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 benceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said All 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 â—… mentioned all such Commissions shall be void in these words And be it further Enacted Toat â—… and after the said First day of August no new Court should be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or â—… have the like Power Jurisdiction or Authority as to said High Commission Court now bath or pretendeth â—… have but that all and every such Letters Patents Commissions and Grants made or to be made by â—… Majesty his Heirs or Successors and all Powers and Authorities Granted or pretended or mentioned â—… be granted thereby And all Acts Sentences and Decrees to be made by vertue or colour thereof shall â—… 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 provided no such power shall ever for the future be Delagated by the Crown to any Person or Person 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 â—… the said Act or any Clause in it and to make that evident I shall first set down the whole Act â—… 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 â—… King Charles Entituled An Act for Repeal of a Branch of Statute in primo Elizabethae concerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the â—… King Charles Entituled An Act for Repeal of a Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical it is amongst other things Enacted That no Arch-bishop bishop nor Vicar-General nor any Chancellor nor â—… of any Arch-bishop Bishop or Vicar-General â—… any Ordinary whatsoever nor any other Spiritual Ecclesiastical Judge Officer or Minister of Justice nor any other person or persons whatsoever â—… Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the King Majesty His Heirs or Successors or by any Power â—… 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 â—… One thousand six hundred forty one 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 â—… Spiritual or Ecclesiastical Cognizance or Jurisdiction 2 Whereupon some doubt hath been made that all ordinary power of Coertion and proceeding in Causes acclesiastical were taken away whereby the ordinary cause 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 Cenfures and Coertions appertaining and belonging to the same before any making of the act before recited in all Causes and Matters belonging â—… Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this â—… 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 â—… 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 all intents and purposes whatsoever any thing cause or sentence in the said Act contained to the contrary not withstanding Sect. 3. Provided always and it is hereby Enacted that neither this Act nor any thing herein contained shall extend or be construed to revive or give Force to the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth mentioned in the said Act of Parliament made on the said Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth shall stand and be Repealed â—… such sort as if this Act had never been made Sect. 4. Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Judge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to Tender or Administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or Administred may be charged or compelled to Confess or Accuse or to purge him or her self of any Criminal matter or thing whereby he or she may be liable to Censure or Punishment any thing in this Statute or any other Law Custom or Usage hertofore to the contrary hereof in any wife notwithstanding Sect. 5. Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-bishop Bishop or any other Spiritual or Ecclesiastical Judge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or determine any Ecclesiastical
means attain it than to open themselves a Gite to Popery and to concur with it to the Ruine of the Protestant Religion You will it may be tell us that it looks ill in us who so much complain That we have been deprived of Liberty of Concience in France to sind fault with the King of England for granting it to his Subjects And that it is the least that can be allowed to a Soveraign to allow him the Right to permit the exercise of his own Religion in his own Kingdoms and to make use of the Service of such of his Subjects as himself shall think sit by putting them into Charges and Employs You will add That his Majesty does not go about neither to abrogate the ancient Laws nor to make new ones All he does being only to dispence with the Observation of certain Laws in such of his Subjects as he thinks fit and for as long time as he pleases and that the right of dispensing with and suspending of Laws is a Right insepably tied to his Person That for the rest the Protestant Religion does not run the least Risque There are Laws to shut the Papists out of Parliament and these Laws can neither be dispensed with nor suspended So that the Parliament partaking with the King in the Legislative Power and continuing still Protestant there is no cause to fear that any thing should be done contrary to the Protestant Religion Besides What probability is there that a King who appears so great an Enemy to Oppression in matters of Conscience and Religion should ever have a thought tho' he had the Power himself to oppress in this very matter the greatest part of his Subjects and take from them that Liberty of Conscience which he now grants to them and which he promises so â—… to observe for the time to come These are all the Objections that can with â—… appearance of Reason be made against what we have before said They may all be reduced â—… five which we shall examine in their order And we doubt not but we shall easily make it appear that they are all but meer Illusions 1. We do justly complain That they had taken from us our Liberty of Conscience in France because it was done contrary to the Laws And one may as justly complain that the K. of England does labour to re-estalish Popery in his Country because he cannot do it but contrary to the Laws Our Liberties in France were founded us on solemn Laws upon perpetual irrevocable and sacred Edicts and which could not be â—… without violating at once the Publick Faith the Royal Word and the Sacredness of an Oath And Popery has been banished out of England by Laws made by King and Parliament and which cannot be repealed but by the author of King and Parliament together so that the therefore there is just cause to complain that the King should go about to overthrow them himself alone by his Declaration 2. It is not true that a Soveraign has always the right to permit the Exercise of his own Religion in his Dominions and to make use of the â—… of such of his Subjects as he himself shall that fit that is to say by putting of them into â—… and Employs And in particular he has this right when the Laws of his Country contrary thereunto as they are in the â—… before us Every King is obliged to observe the fundamental Laws of his Kingdom And the King of England as well as his Subjects ought to observe the Laws which have been established by King and Parliament together 3. For the third the distinction between abrogation of a Law and the dispensing â—… and suspending of it cannot here be of use whether the King abrogates the Laws which have been made against Popery or whether without saying expressly that he does abrogate them he overthrows them by his Declarations under pretence of dispensing with suspending of them it is still in effect same thing And to what purpose is it the Laws are not abrogated if in the â—… time all sorts of Charges are given to Papists and Popery it self be re-established contrary to the tenor of the Laws The truth is if the King has such a power as this if this be â—… Right necessarily tied to his Person 't is in vain â—… the Parliament does partake with him in the Legislature This Authority of the Parliament is but a meer Name a Shadow a Phan â—… a Chimera and no more The King is still the absolute Master because he can alone and without his Parliament render useless by his Declarations the Laws which the Parliament shall have the most solemnly established together with him We confess the King has right of dispensing in certain Cases as if the concern be what belongs to his private Interest he may without doubt whenever he pleases depart from his own Rights 't is a Liberty which no body will pretend to contest with him But he has not the power to dispense to the Prejudice of the Rights of the people â—… by consequence put the Property the Liberty and the Lives of his Protestant Subjects into the hands of Papists 4. What we have now said in Answer to the third Objection will be more clear from the Answer we are to give to the fourth They should perswade the Protestants that their Religion is in safety because on the one side the King cannot make Laws without the Parliament and that on the other there being Laws which exclude Papists out of the two Houses it must necessarily follow That the Parliament shall continue to be Protestant But if the King has the power to break through the Laws under the pretence of dispensing with and suspending of them what Security shall the Protestants have that he will not dispense with the Papists the Observation of those Laws which do exclude them out of the Parliament as well as â—… has dispensed with those that should have kept them out of Charges and Imployments â—… Security shall they have that he will â—… at any time hereafter suspend the Execution of the former as he has already suspended the Execution of the latter Which being â—… what should hinder us from seeing in a little â—… a Popish Parliament who together with the King shall pass Laws contrary to the Protestant Religion What difference can be shewn between the one and the other of these Laws â—… the one should be liable to be dispensed with and suspended and the other not Were they not both established by the King and Parliament Were not both the one and the other made for the Security of the Protestant Religion and of those who profess it Are not the Rights of the people concerned in the one as well as in the other And whosoever suffers and approves the King in the violation of these Rights in some things does he not thereby authorize him to violate them in all If the King has power to put the Liberty and