there were Streams of penitent Tears ruuning from our Eyes and more fervant Prayers of the Righteous sent up to Heaven But notwithstanding the great Scarcity of both I think it a great Duty to give thanks to God for delivering us from the Hands of our Enemies K. You do not know but the King's Heart might be changed He did a great deal in a little time for the Satisfaction of the People in restoring Charters and declaring he would Call a Parliament and offered Pardons to his Enemies T. We know these Acts of Grace and when they were made publick Of these see the Sence of the Prince of Orange in his Declaration What if the Counsellors and Tools advised these Acts to Cast us into a sleep and to gain time for French Preparations You may see what the Nation did and what Methods of Proceedings were used What Methods were used for our Preservation 1. Many of our Peers and Gentlemen of Honour and Interest first represented the State of the Kingdom to the Heirs Expectant of the Crown and therein declared That their Hignesses if no Prince be born to the King have an unquestionable Right to defend the Legal Monarchy Rege etiam renitente That the People of England have an Unquestionable Right to seek Assistance from their Royal Highnesses Our Case stated on the Nations part That the Ancient Kings of England acknowledged the Peoples Right to save their Free Government c. See the Memorial p. 26 c. If the Prince and Princess have Right to defend Note this and the People of England a Right to seek that Defence wherein doth the Iniquity of both or of either appear especially considering the Nominal Prince of Wales being not an undoubted Heir Our Case stated on the Prince of Orange's part 2. The Prince and Princess timely dealt with the King in a most dutiful manner proposing Expedients to compose and settle the Nation as appears by Pensioner Fagel's Letter and Vindication But the Contrivers of our Ruine both in Soul and Body proceeding to obstruct all healing Methods His Highness put forth his pious and just Declaration of his Reasons and Intentions to come over into England The Reflections upon it are very wordy and weak See the Declaration 3. If the Prince of Orange had no Interest by proximity of Blood to seek the Preservation of the Church and Kingdom Why might not he come over to us as righteously to deliver us as Our former Kings and Queen Elizabeth have assisted forreign Protestant States and Sufferers by Money and Arms 4. The Miseries of the Protestants in France and Savoy and the Dangers which threatned all Protestant Kingdoms and Sates by the Power and Blood-thirstiness of France and the Popish Confederates awakened Protestant Kings and Princes to prevent the Desosolation of their Countries and Religion to enter into a League and to begin with England to rescue it from its growing Perils and to settle the State of it as knowing what an Influence its Preservation or Destruction would have upon Countries of the same Profession And his Highness the Prince being so deeply engaged in that League he must as a Christian prefer the Glory of Christ before all Obligations of Relation as a Son and a Nephew Yet still performing all the Duties of that Relation in which he hath not been wanting as far as is consistent with the Common Cause and Interest And respect to the Common Protestant Interest and Engagement prevail'd with his Highness the Prince of Denmark to go over to the Prince of Orange as he professeth in his Letter to the King. 5. The Prince in his Declaration invited All Degrees and Orders of Men in the Kingdom to come in and joyn with him to promote his Ends in getting a Free Parliament to which he refers Himself and the Settlement of Church and State. Should the Nobility and Gentry look on and see him ready to Fight in their Defence and give him no Assistance K. Yes certainly for they ought not to assist an Invader against their King. T. The Case stated resteth upon this as one chief Pillar If they have right to relate their Grievances and Pressures and to call him to their Rescue there being no other way left for them and if he have Right and Interest in England which he cannot give up for lost and if that which he desires is neither Crown nor Conquest but the Preservation of the Government in a lawful Parliamentary-way then the Invasion is not the Invasion of an Enemy but the coming in of a Saviour to deliver us That the People of England have right to defend their Government they prove in the Memorial quoted before K. But do not you know that Private Persons are not fit Judges whether their Present Case be such in which they may lawfully resist or no T. I remember something to that purpose in Dr. Falkner Christian Loyalty Book 2. p. 365. p. 373. and he quotes the more Corrected Judgment of Grotius differing from what he had written in his younger Time upon Mat. 26. But Are the wisest Noblemen Gentry and Lawyers of the Land unfit to Judg of this Case Doth their incapacity to judge rise from the Privacy of their Condition or what else A private Man well studied in the Laws and Constitution is as able to judge when that is Uiolated as more Publick Persons and a good Lawyer in his Study knows the Law as well as many a Judg upon the Bench. Besides I distinguish between a particular private Man The Nobles and Gentry who appeared in this Action not meer private Men. or more sustaining private Injuries or Oppressions or some lesser Bodies and Corporations and the Community of the whole Kingdom They who have appeared for the Prince of Orange are by far the Majority of the whole Kingdom and men of as great Understandings as any of those who drove them to this Course This Resistance was not in a private Cause but the Essentials of the Government and Concern of the Kingdom And therefore what the Doctor saith and quoteth out of Grotius is nothing to our Case And for a fuller understanding of our Case I pray Sir remember what the King did Our Case opened on the Kings â—… part The Prince and Majority of the Kingdom declare for a Free Parliament for the Protestant Religion and for the Laws and Government by Law. Can any King that is a King by Law sworn and obliged by Promises to govern by Law refuse to grant what the Kingdom desires But He on the Contrary 1. Prepares a Royal Navy increaseth his standing Army calling in many thousands of Popish Irish and of Scots tho not all Papists yet as he thought for his purpose 2. Tho he declared he would summon a free Parliament yet he sent out but few Writs which came to nothing 3. He prepares to defend his Cause and to oppose the Prince and Kingdom by the Sword Whereas if
turn to the place The Solemnity of Coronation when the People acknowledg their King and the King again gives the People assurance that he will preserve their Religion Rights and Laws is far from intending to express the King's Authority to be derived from the People by a Contract as some have weakly argued for the King is actually King by his Right of Inheritance c. T. I distinguish between the solemnity of Coronation the Prince appearing in Splendor doth excite the People to make Acknowledgments and expression of Affection with Acclamations c. as the Doctor goes on and the Questions proposed to the King and the Coronation-Oath The Argument for Consent and Contract is built upon the Demands made to the King and his Oath and the Fealty sworn to the King. The Forms of the Coronation Oath have been divers as you may see in the most laborious Mr. Pryn Epist to the Reader before his Hist of K. John Hen. 3. Edw. the I. out of the Records of the Tower from p. 30 c. The King is obliged as Fleta tells you C. praedict Nec potest quis judicare in temporalibus nisi solus Rex vel sub delegatus Ipse namque ex virtute Sacramenti ad hoc specialiter Obligatur ideò Coronâ insignitur ut per judicia populum rogat sibi subjectum I follow the directions of that Learned laborious Writer and find his Quotation out of Bracton true l. 3. de Actionibus c. 9. p. 107. S. 1 2 3. The King ought in his Coronation to swear and promise to his People subject to him 1. That he will Command and to his Power help that Peace be observed all his Time to the Church of God and all Christian People 2. That he will interdict Rapines and all Iniquities to all degrees 3. That in all his Judgments he will command Equity and Mercy that the Gracious and Merciful God may grant him Mercy and that all may through his Righteousness enjoy a firm Peace Ad hoc autem Creatus Electus est To this End or Office he is Created and Chosen And our Righteous Kings have look'd upon themselves as bound to do what they promised and swore to at their Coronation See the Quotations in that Epist p. 31. And K. James the First Even Dr. Fern doth acknowledg It is probable indeed that Things at first were by choice here as elsewhere The Resolving of Conse S. 4. p. 19. said He should be perjur'd if he did not observe the Laws Secondly I distinguish between Sole Election Consent and Hereditary Right by Common Law. Our Kings and Queens succeed by Hereditary Right presupposing an Election of the Royal Progenitors or voluntary Consent in the Acts of Settlement and still demanded and declared at every Coronation As every King or Queen is not Elected as by a People in absolute Liberty to chuse whom they please so it is not conceived to be Hereditary by Common Law but by Settlement implying the Consent of the People And if you would know how it was of Old observe how it is now in the most happy Agreement between our now most Gracious King William and Queen Mary and the Collective Wisdom and Power of the Kingdom Now our High Court of Parliament in the for-ever to be celebrated Convention Our former wise Kings have thought an Act of Parliament the best Deed of Settlement of the Crown And how the Succession hath been changed is to be seen in that Excellent short History of the Succession come to my Hands t'other day * Sold by J. Robinson in St. Pauls Ch. yard K. Let things be as they were in former Times Let us if we be Men of Conscience remember our Declaration and the Oath sworn by all Officers of the Unlawfulness of taking Arms against the King or those commissionated by him upon any Pretence whatsoever Remember your Declaration and the words Pretence whatsoever What-ever Limitation the Author of the Inquiry hath put upon it by limiting the words in all things in the Duty of Children to their Parents And look upon what that Good and Learned Man Dr. Falkener hath written at large upon that Oath in vindication of it in the 2d Book of Christian Loyalty T. Content Sir let us look to the Book there it is K. In the first Section he tells you Dr. Falkener considered There is a two-fold Declaration of Loyalty in detestation of such Positions as undermine the Security of Kings and Kingdoms required in this Realm the one more particular in the Oath of Allegiance against deposing Excommunicated Heretical Kings and the other more General Of which he speaks § 2. T. We detest the Doctrine and Practices of the Pope and Papists as much as you do And all that the Doctor hath learnedly discoursed of it in that Section doth not at all concern us not only because that is Popish Doctrine and because it is unlawful for the Pope to excommunicate and depose a Protestant King but because we are not guilty of Deposing our late King Jam. II. our Case hath been more briefly than it might be declared before to prevent the Accusation of deposing him 1. The King did really depose himself from being an Independent King of England K. Jam. 2. deposed himself and was not deposed by submitting to the Pope 2. He dispens'd with our taking the Oath of Allegiance which I think I should not have taken had I been required without a plain declaration of my Mind for it implied a contradiction to take it to a Popish King. 3. After he deserted his puissant great Army and durst not put his Cause upon a Battel he gave one Branch of his Soveraignty to the Prince of Orange viz. the Command of his Army and Navy and then attempted to go beyond Sea and at last went leaving his Kingdom without Force or Compulsion or Menace The Illustrious Prince of Orange and the Kingdom desired nothing but what was their Right as much their Right as the Crown was his 4. In this Case what shall the Kingdom do You may be satisfied by the Debates about Abdication and Vacancy Must the Kingdom lie open to the Enemies of it Must there be a Justicium a silence of the Laws and stop to Justice and Righteousness and all things fall into unsettlement and confusions to wait upon his Return Yea must the Affairs of the Protestant Confederates be under distractions through our irresolutions Must the Illustrious Prince of Orange go back again losing the Opportunities of finishing his Work which God gave him in so wonderful a manner And must the Nation give time to Papists for new Plots and gathering strength to do us their designed Mischiefs What will become of Trade What Foreign Princes will treat with us when we have none to treat with them and give them Security Who shall govern or pay our Armies or preserve the People from their Rudeness or Violence and Factions if they have no
been delivered by an extraordinary Providence And I will add but this under this Head That all the Gentlemen that I have discoursed with who took up Arms profess they would never have taken Arms against the King ruling by Law as he was bound to do but look'd upon him as no King i. e. no Legal King of England in the exercise of his Power and that there was no other way left for them to preserve themselves our Laws and Religion K. But this doth still stick with me that we declared or swore That it was unlawful to take up Arms upon any Pretence whatsoever therefore not upon this Pretence or for this Cause or any other real or Imaginary either this or any that can be imagined possible T. The evil Design of framing that Oath to bring the Nation tamely under Arbitrary Power and Popery I must say less upon this Head than I have to say I am extreamly deceived 1. If Popery was not design'd to be either made the topping Profession of the Nation or so far countenanced and upheld that it would be in a fair way to be restored as the Religion of the Court and Country when that Act was made 2. This could never be but by the Arbitrary Power of the King. 3. To set up and maintain that the sole Power of the Militia is put into the Hand of the King. 4. The War of the Parliament against the King is made Rebellion by Law. 5. All those things had been insufficient to serve the Design of introducing Popery which could not come in but by Arbitrary Power unless an Oath be devised and imposed to tie the Hearts and Hands of the Subject from thinking to act or acting against the Armed Force of Arbitrary Power And lastly no word was large enough to comprehend all possible Causes or Reasons of Opposition but whatsoever Do the Pope's Creatures what they they will we are tied up by upon any Pretence whatsoever to look upon our Miseries coming on and passively to lie down at the Feet of Popish Majesty i. e. cruel Tyranny and thereby become Vassals to the Triple Crown The Sense of the Declaration of Non-resistance Sir I have subscribed the Declaration of my Consent to that which was required as a formal Oath of all Officers Civil and Military thinking it was but Reason and Duty to give the King as a lawful Governor security in his Throne But the sense I had of it was to this purpose I do believe it is not lawful upon any Pretence whatsoever or from any Cause or Reason pretended for Subjects to take Arms against the King my lawful Soveraign for to such a King we are subjected and that I do abhor that traiterous Position of taking Arms by his Authority against his Person or against those that are legally commissioned by him See if you please an Enquiry into the Oath required of all the Non-Con by an Act made at Oxford by that wise and worthy Man Mr John Corbet all other Commissions that are not legal being really none of the Commissions of the King of England who is bound to govern according to Law in the legal pursuance of legal Commissions and that I will not at any time endeavour any alteration of Government either in Church or State by any unlawful ways And more than this no King that means the good of his Subjects can desire and this a peaceable Subject may conscientiously give if the King require it for his Satisfaction But now if a King act contrary to the Laws not by a particular Act or Acts only by which many private Subjects are injured or opprest but to the changing the Fundamental Government and overturning it then when the Cause is not a pretended Cause framed by Jealousy or uncharitable Suspitions of the King and his Ministers whether the Body and Majority of the Kingdom may not in an Extremity appeal to the supreme determination of God by the Sword and vindicate the Right which they have to their Religion and Liberties is a Case wherein it appears even by Dr. Falkener that the King is no King and by Consequence the People which before were Subjects to the King while he acted as King in a legal manner are no further subject and so the Oath is not violated but stands good The word Whatsoever is intended in the largest sense and is so used in the Canons of 1640. and the Writings of several Men When a King goes about to set up a new Form of Government contrary to the Rights of the People the People as a Party in Contract and Covenant and still willing to perform their part take Arms as a Party to maintain their Rights which are invaded and do not rebel as Subjects So that the People of England are considerable as a Party in a legal Contract with the King as Subjects as well as Dr. Ealkener But then I ask Whether the King of England may act and do beyond and contrary to the Laws of his Government not in some particular Instances to the particular Injury of some private Persons but against the Foundations of the Government and Interest Peace Welfare Property Liberty and Safety of the whole Protestant and greatest part of his Subjects be to be deemed the lawful King of England as he was or would be held and reputed to be if he ruled as a sworn King of England And then Whether the People of England are by the Laws subjected to an Arbitrary Jesuited King or to a Regular and Regulated King Whether the Subjects of England are bound to whatsoever a King pleaseth to do set up and command or to those things only which are commanded them by Law If the Laws be the Rule and Measure of their Obedience and those Laws no other than what were made by their own implied Consents then the Subjects of England have not in this Extraordinary Action broken the Bonds of their Subjection but acted for their own Preservation as a People that were never bound to an Arbitrary Absolute King. If the Parliament that enacted that Law that prescribes this Oath did intend to bind all those Persons enjoined to take it to an unlimited Obedience to all manner of Arbitrary Commissions and Commands whatsoever of the King then they allowed to the King scope enough to run out into all Excess of Arbitrariness and did by that betray the Kingdom to the Will of a King be he Papist or Tyrant Did they intend to bind themselves and their Posterity from taking Arms even when a King shall go about to change the Legal Religion and change the Government If they did not then in this Case the Oath bindeth not That they did not seems plain by the Oath which was for the preservation of the Government and against the alteration of it But this we cannot think to be in their Minds though there was a great number in Favour and Pension to serve the secret Designs of the Court
But if they intended no more than the Safety of a Legal King acting Legally from ill Principles and Practices of bad Men then the Note of Universality whatsoever was never intended to subject the Kingdom to Arbitrary Dominion and then it will follow that they who took this Oath are no further bound than to an Universal Obedience to the lawful Commands of the King and are not guilty of Perjury by their late taking Arms for they did not design to break the Yoke of Government by Rebellion Not only the Author of the Enquiry into the Bounds of Obedience but also the most Reverend Arch-bishop Vsher in his Treatise of the Power of a Prince and Subjection and Obedience doth interpret the Note of Vniversality All Ephes 5.24 Col. 3.20 with a limitation p. 143 145. K. But those Commands are Affirmative and this Oath is Negative It is not lawful upon any Pretence whatsoever binds at all Times and to a total universal abstinence from taking Arms. And those Commands require Active Obedience with a limitation and if we cannot actually obey we must suffer and not rebel but bear even with a Tyrant for the Laws have prohibited the Subjects to take up Arms they have no Law that makes it lawful in any Case to take up Arms therefore they must be Passive The Law is against Arms therefore it is unlawful they have no right to the Sword therefore it is unlawful for them to take it T. As Subjects they may not but as a Party I ask you why they may not I cannot speak to every Branch of your Objection Besides what I have said I am in reason constrained to think and speak that the late King acting as he did did not act as King and that his Attempts were growing more intollerable and that as there is no Provision in any Laws for the Peoples taking of Arms so there is none which forbids them to defend the Government the Legislative Power and Religion established There is no Law nor Right to bear out the King in doing as he did He broke the Foundations first and in reason if the King may defend his Soveraignty from the Invasion of his Rebellious Subjects so the several Degrees and Ranks of the Kingdom may defend the Government from being changed and their Properties Liberties Religion and Lives from being destroyed If a King shall set himself against the Constitution and the Publick Good he is no longer that King to whom the Laws oblige us And is it not plain to every Man that seeing he could not have his way in Governing or rather Dissolving he will no longer abide in the Kingdom To suppose that the Laws would provide in what Cases a King may turn Tyrant and allow him to turn the Militia against the Kingdom and in what Cases the Kingdom may take the Sword against the King is to suppose such a Law as would be inconsistent with the Constitution For as the King would never pass an Act that should make it lawful for Subjects to rise in Arms against him so it is not to be thought that the Lords and Commons should consent to such a Law as would enable the King to destroy the Government Religion and Laws The Consent of King and Parliament in not to be supposed to make such a Law for one against the other and without the consent of both Parties there could be no Law. And such a Law would not prove safe to the Government which is preserved by Union As the Subjects run the hazard of Life and Estate if they rebel so the King doth run the hazard of his Crown if he usurp and make himself to be what the Law hath not made him but directly contrary To conclude this Head. How many Violations had we been guilty of even of all the Bonds of Nature and Religion if the Papists and their Loyal Friends had not been opposed at this Time. And though in this Case it is lawful for a People a free People by the Constitution to preserve Themselves and Posterity from Slavery and Idolatry yet it is unlawful for Subjects as far as they are Subjects to rebel against their King and it had been happy that Oath had never been enjoined if any took it ignorantly and rashly or brake it in their Hearts intentionally or were actually the occasion of promoting Arbitrary Power and Popery by it or had any Design against the King's Dignity out of Revenge or for private Eâ—ds the Lord grant unto them Repentance for the forgiveness of their Sin and cleanse the Land from the guilt of multitudes of Oaths not well understood nor kept K. But we know the Scripture is plain against Resistance and we have many Examples against Resistance and for Passive Obedience And our Homilies condemn it and the Friends of the Church of England have always been Guiltless T. Shew me if you can any thing in Scripture Precept or Example that condemns such an Action as this was in the Circumstances of Persons and Causes The Homilies do insist much upon the Example of David David's Example I allow what they teach But I will make the Case worse than David's was Had Saul brought in Foreign Forces and turn'd his Strength against the Kingdom and done all after the manner of the King 1 Sam. 8. it had been utterly unlawful for David and all the People of Israel to take Arms against Saul or depose Him for there was a Law of God binding them to make him King whom the Lord should choose as he chose Saul See the 17th of Deut. 14 15. The Case of David and ours differ as much as the Case of a private Subject and a free People as we were when the King set Himself to do as he did David though appointed to be King was but a private and particular Subject under Saul and Saul was nominated and appointed King by God himself and it was God's express Law Thou shalt in any wise set him King over thee whom the Lord thy God shall choose Deut. 17.15 And when David gave this Reason why he would not do what his Party would have had him do he said God forbid I should do this thing unto my Master the Lord 's Annointed to stretch forth mine Hand against Him seeing he is the Annointed of the Lord 1 Sam. 24.6 His autem Verbis David tantùm spectabat Institutum Dei. David regarded the Appointment of God. Ergo injussu Dei non debeo eum dejicere Therefore without God's Command I ought not depose him Pet. Martyr on the words And that Learned and Reverend Man answering the Reasons of some who thought David might lawfully have killed Saul gives the Reasons why he could not They say David was King. Esto be it so saith P. Martyr but he was not publickly inaugurated Vim vi repellere licet say they Fateor I confess it is lawful to repel Force with Force saith P. Martyr Sed inculpatâ tutelâ with an innocent or blamless
the Souls of many that are liable to Temptation to yield to its Charms or be exposed to its Furies You must choose either Holy-Water or Blood. Had he been driven away by the Flaming Sword of Rebellious Subjects you might have some pretence for your Murmurings but not daring to trust his own great Force nor the Men of his own Religion and having no Confidence in God whose tremendous Providence hath conveyed him away I think you have no cause to wish for him again but to think that well done which God hath done K. But can you think the Nation innocent in this matter And if our Deliverance from some Mischiefs be considerable yet if the People have sinned we have small cause to be thankful And seeing I have no Legal Command from my Ordinary and that Ash-Wednesday is the Day before I will keep that and hope no notice will be taken for my not observing the other T. And why not both I am sure you have not been so nice about other Thanksgivings K. I have no Book T. Our Prayers for the Queen and Prince of Wales were commonly called Modest Prayers Then you want a Book of Prayers modestly penn'd Will you do nothing from your Heart no more than you will do without Order by the Apparitor on your own Head But will you read the Litany and Denunciations sicut olim as you are commanded to do on Ash-Wednesday or will you omit them K. I will do as the Law requires and according to my Declaration of Assent to all and every thing contained in c. T. Then you will still pray for the King tho he deserted the Kingdom not as much as leaving a Commission for Administrators in his Absence then you will pray that he may be kept and preserved in the true worshipping of God which he hath not done since he became a Papist then you will pray for the Queen and Prince of Wales still right or wrong and that God would give the King the victory over all his Enemies What without fighting And who are they Are they reputed his Enemies or his Friends who sign'd the Association at Guild-Hall and do you pray he may be in a condition to fight against them and overcome them too And who will you mean when you denounce him Cursed who removeth his Neighbours Landmark The King who turn'd out the President and Fellows of Magdalen-Colledg which is a little more than gaining a little Ground by removing the Land-marks or the Convention who labour to find out the ancient Bounds and Foundations remov'd by Arbitrary Goverment for my part I deal truly with you I cannot pray every Petition contained in the Book of Common-Prayer notwithstanding Assent declared for tho there be no Alterations made in the Book there is an Alteration made in Things and Persons that I look upon my self as so far discharged from the Obligation of the Act except I should offer that to God which I believe he will not accept K. Then you will presume to make publick Prayers of your own without Authority T. When this was written I had no Book but rather than loose a Shilling for a Book not worth Two Pence after the Rate of Paper and Print so basely Printed that it would even blind a pair of Specticles to read it I had one sent me the Evening before in which there was no Order for a Sermon nor Homily against Rebellion And therefore they who preached not that Day may plead their Excuse for none was required Why not pray without a Book as well as preach without One on such an Occasion as this especially If Superiors neglect their Duty I know no reason why I should neglect mine The Scripture is as full of matter for Prayer and Praise as for Preaching And altho God hath by his Providence as much as blotted out several parts of the Common-Prayer and transported the King yet that Command and Act of his Will continues still in force Let Prayers and Supplications and giving of Thanks be made for all men for Kings and such as are in Authority There are some still in Authority and therefore I am obliged to pray for them and to give Thanks And tho I cannot make Versicles for a Dialogue between the Minister and Clerk there are Psalms and Chapters as proper for this service as for other and I hope more proper than those for the Prince of Wales and the Queen's being with Child and I might name more than those And I hope to find matter enough for a large Thanksgiving K. But where will you find Precedents in Scripture for the Insurrections of Subjects against their Lawful Prince and Soveraign or for a Son and Nephew to invade the Kingdom of his Father and Uncle or for a Convention of Subjects to depose their natural Lord and King T. I might ask you as many Questions on the other side But not to tire my self with talk to Day I will come home to the Present Case and lay all these things together The Case openedt 1. The King being a Zealous Papist wishing all his Subjects were of his Religion in the Declaration of Indulgence and governed by the Jesuits it is impossible for him to keep his Word or Declarations made to his Protestant Subjects any further than shall serve their Designs and Interests 2. How the King kept his Promises to govern by Law to invade no Mans Property to maintain the Church of England ask the Judges enquire at Cambridge and Oxford and the late Chancellor and Ecclesiastical Commissioners 3. Popery was disseminated all over the Land Mass-Houses publick Papists put in Offices Schools opened and taught by Jesuits c. contrary to Law. 4. The King declared Himself absolute having an inherent power in Himself to dispence with Statutes Another Argument that there was no hold to be taken of his Word or Promises For if he do not keep the Statutes made by his Royal Assent and his Predecessors how can we expect firmness in verbal Promises and Declarations And if his Power be Arbitrary and absolute he may change and recede from his Word as often as he doth change his Mind and Councils King James II. chang'd the Government 5. He changed the form of Government and Constitution from an English Monarchy and Independent from an imperial Crown to a subjection to the Pope and See of Rome And whether He be any longer King of England than he is Supreme in his Dominions and that in Opposition to the Bishop of Rome by Name I dare refer it to your self He hath lost his legal claim to the Monarchy of the Kings of England by Subjection to the Roman Pontiff K. But tho he has yet the Order and Authority of Kings being of the Law of Nature He is Sovereign still tho he hath degraded Himself from the dignity and Supremacy of the King of England by the Law of England T. Sir You are mistaken in that Point for you
cannot say that the Superiority of the Pope over Kings is of the Law of Nature if not then that King that is Superior above all in his Dominions by the Law of Nature and yet doth subject himself to the Pope doth give up his Natural Right to one that hath no Natural Right and doth thereby violate and change the Constitution of Nature and therefore hath lost His Claim to a Soveraignty by Nature K. But the Scripture doth establish the Order and Superiority of Kings and therefore he holds his Crown and Scepter by Scripture-Patent and Divine Right Can. 1640. T. I ask you again Doctor Is the Supremacy of the Pope over Kings by Divine Right if over Kings by Divine Right then much more over you and me if you grant it so will not I But he hath no Divine right to a Supremacy over Kings and yet the King hath Submitted to it therefore hath he not lost and forfeited his Pretence to Soveraignty by Scripture and Divine Right and by consequence hath he any Right to Soveraign Dominion I put it to you Beside the Scripture doth constitute a perpetual form of Government K. But your supposed Wrong is a wrong to Himself And our Relation of Subjects to him is unalterable and perpetual T. You are out again by your favour as I conceive with respect to your dignity For the Wrong is a Publick and General Wrong to all his Protestants Subjects and not a private Injury to Himself onely The Relation of Subjects to the King. Our relation as Subjects is to a King and we are Subjects no longer than he is King as we are no longer Children than we have Parents if he cease to be a King by Subjection to the Pope I am discharged from being a Subject for I am a Subject to the King and not to him who is no King or hath made Himself none My relation to the King is to a Royal Person vested with Royal Authority and the Law of the Land is the Measure and Bond of that Relation If the Person to whom I am related have disrobed Himself of his Royalty tho the Natural Person be in Being yet the King is gone as Sir Thomas More said the Lord Chancellor is gone when his Person was there present but out of his Office. K. But how then came the Peers and People of England to acknowledge him at his Coronation and in Parliament if his Religion and Submission to the Pope made him none T. Sir I did not at first intend to speak of these tender points but you began it and I hope you will not make an ill use of it I give you my answer clearly 1. The Peers and People own'd him as King at his Coronation for then he swore or was thought to swear to govern by Laws 2. In Parliament if that may be called a Parliament who had a great Number that were not Elected by the Commons but returned by Arbitrary Sheriffs and Mayors he appear'd in his Legal Capacity acting according to Law. 3. The Peers and People suffered quietly and dutifully till their Consciences could bear no more or their Heads Families and Posterity were near Destruction There was all Dutifulness and Loyalty Tribute and Customs paid him by all Ranks and Degrees of Men as long as there was any Hopes 6. As he altered the Government in his own personal Dignity so he manifestly destroy'd the other part of the Constitution the Right and Liberty of the People in free Elections and frequent Parliaments and so no part of the Government was safe 7. And to entail our Miseries there was an Infant set up for Inheriter of the Crown of whose Natural Descent no legal Proof was made or can be as is rationally presum'd And by the way the King could not be safe but during the pleasure of the Jesuits who having an Infant King and who could raise a Succession as fast as one died could domineer the more and send the King to the other World. The Nation passive as long as there was any hope of Redress 8. There was no hope left of Redress of present Grievances or prevention of utter ruine to the Protestant Interest of the Kingdom And consider that these things were not personal Infirmities and Defects or Male-Administrations or private Injuries and Oppression But the greatest Violation of Trust and Breach of the Constitution that was ever avowedly made growing hard upon a down-right overthrow and utter Ruine 9. Lastly There was a Destructive Conjunction of Interest and Design with a Foraign Tyrant to bring us and our dearest Relations into like Condition with France and Savoy Were not the French Assistances expected to turn beautiful England to an Aceldama What made the Priest in the Lady Cary's House conclude the Dutch Fleet to be their Friends the French for whose Entertainment great Provisions were made and to go to the Chappel to Sing Te Deum Sir We have as great Cause to keep every day of November as a Thanksgiving as we have to keep the 5th now challenging our Thanksgiving to all Generations for our Deliverance from the Powder Plot and League with France by the most Happy Seasonable and Successful Arrival of his Highness the Prince of Orange now our Elected King. Whom God long Preserve With his Royal Consort now our Gracious Queen And now Sir Be pleas'd to speak what would you have us do K. The Christian Course is well known Petitions Prayers Patience Tears T. As for Petitions you know the King sent the Bishops to the Tower for an Answer and thence brought them to the Bar. A warning to Petitioners Prayers were used by such as you know rather to harden than soften the King's Heart Was he not commended to God still as his chosen Servant Was he not pray'd for as if he had worshipped God in the best and only way and several other Prayers little better As for Patience it was exercised to the last Day of Safety And as for Tears we durst not shed them for the King nor for our selves under him for by Innuendo's they had been Seditious What! keep an Anniversary of Joy for his coming to the Throne and weep too We had cause more than we knew of a long time to weep and howl too for the Miseries that were coming upon us Had not God most seasonably and powerfully turn'd the Stream of the Proceedings of our Adversarics all England that would not bow the Knee to Baal had been a Bochim a Vale of Tears How useful and divine soever this Persuasion to Prayers and Tears may be yet when I consider for whose Service these Exhortations were so openly made even for theirs tho not so intended who have the sharpest Bryars and Thorns to whip Slaves into Tears and then put an end to their Praying by cutting their Throats much of that Preaching might have been spared There are many Evangelical Doctrines necessary to Salvation rarely touch't upon by such Preachers I do much wish
he had pleased in convenient time to call a free Parliament he had satisfied his Subjects 4. When the Prince advanced the King went out in Person to his Army declaring an intention to fight 5. But when the Armies were not far asunder and an Engagement expected by the Prince Behold the Soveraign Power of the Lord of Hosts upon the Spirit of the King He deserted his Army upon which he laid the whole of his Cause And so far he quitted his Cause which was to be maintained by Force and not by a Legal Parliament 6. And lastly as you very well know he gave up his Army and Navy to the Prince of Orange and went off without Force or Threatning for what Reasons or upon whose Advice is not altogether Unknown Upon the whole of what I have very briefly exercised your Patience with I conclude Our Case is Extraordinary Our Case in all Circumstances extraordinary It is Extraordinary 1. That our King should be a Papist and subject to the Abhorred Bishop of Rome 2. That he should overthrow the Foundations tho not pull down all the Superstructions of the Government and begin with his own Soveraign Dignity own a Superior the Pope to whom he sent an Ambassadour and from whom he entertained a Nuncio 3. That he should go about to force and pack a Parliament and therein destroy the Liberties of the Subject which are as legal as his Prerogatives 4. That when a Parliament is desired He chose rather to put his Cause upon the Swords Point and really into the Hands and upon the Determination of God who is the Lord of Hosts tho he did not refer it to the Judgment of God formally and in words than into a legal peaceable way 5. And having deserted his Army without Battel I desire your Information of me whether it was not a giving up of his Cause 6. It was altogether extraordinary too that Subjects might not have encouragement to Petition for their just Rights when they saw Ruine drawing on by the encrease of Popery and Combinations of Papists to root out the Protestant Religion according to the Doctrine of their Church And being debarred of any Legal Means the most Eminent of the Kingdom not the Plebs and Vulgus the private Men that are judged unfit to judg of their Rights and Dangers call for Assistance from the Heirs Expectant that the Illustrious Prince should enter the Kingdom with an Army that almost all the Kingdom were ready to assist according to their Abilities that he should march so many Miles without a Skirmish and instead of finding a Royal Army in a posture to fight he found it discharg'd from fighting by the King Himself And in fine found an open and uninterrupted Passage to Royal Palaces and the whole Force of the King delivered up to him If this be not rare and extraordinary By a Letter from the King to him never was the Finger of God seen in any wonderful Work and Turn This is the mighty Work of God! whom wonderful in working And extraordinary Providences being either in Mercy or in Judgment I see a great deal of Mercy a Mercy as great and extraordinary as the appearance of the Hand that gave it to us And I make no question but the Night that was coming upon us would have been as dismal and dreadful as the Day of our Deliverance is glorious and memorable K. I own the Providence is extraordinary and the Action without example But still how can you publickly rejoice at the Success of a Rebellion against our Soveraign Is it not against established Laws and against our Oaths T. Sir I will be as brief with you as may be 1. Can sinful Men do any thing without Sin And is it not one of the Perfections of God to carry on his own Purposes by those very Actions of Men that are sinful Gen. 50.20 and many Instances hereof might be given 2. There were many and great Sins committed before the Kingdom was provoked to this extraordinary Course Arbitrary Power is subversive of the Constitution and Laws of this Kingdom and the Advancement of Popery the introducing of all manner of Sins and Miseries No ordinary Rules for extraordinary Cases 3. In extraordinary Cases we are carried beyond ordinary Rules As there is no written Law to warrant the Subjects taking up Arms against the King but forbidding them so there is no Law of God or Man that warrants the King 's turning his Power and Sword against his Subjects The one is as unlawful as the other There is not an Oath given by the Subjects to the King but the King is in Conscience bound to answer by his goodness to them 4. Our Constitution and Laws do suppose an intire Union of Affection Interest yea and Religion too between the King and his People And as express Laws and formal Oaths do forbid Subjects taking Arms and other Acts of Disobedience so the very Being and Relation of a King and Rules of Government bind him as fast not to oppress them or invade their Rights They have Rights and are a People as free from Tyranny as any people in the World. 5. Then strictest Obligations in Religion and Conscience mutual between King and People must always suppose God's Soveraign Right to dispose of Kingdoms to put down one and set up another And it is suitable to think that when God doth appear by great providences great Changes follow Hitherto we see extraordinary Mercies And I beseech you shew me wherein have the Subjects of England sinned against the Person Crown or Dignity of the King to necessitate him to prepare Armies against them who were constrained to take Arms or be destroyed by Papists K. But tho God doth act according to his absolute Dominion yet he acts according to his infinite Wisdom Righteousness or Mercy and tho His infinite Majesty doth whatsoever pleaseth him yet we must walk according to Rules and keep our Places Now the King of England being a Soveraign Prince Supreme over All Persons and we being bound by so many Oaths to maintain his Crown and Dignity and not to take Arms against his Person or those who are Comissioned by him on any Pretence whatsoever this Action must needs be unlawful in it self and not the less sinful because successful T. Sir I will take your Reasons in Order And because I cannot carry Books in Memory and shall have recourse to some few I pray let us go to my Study if you can stay there so long without a Fire K. Come let 's then I can endure the Cold as well as your self T. Absolute Kings no Ordinance of God. 1. Then I cannot believe that God or Nature ever gave an absolute Power to Kings An Absolute King is so called because he is non Legibus solutus not bound by Laws One that gives Laws to Others but is above all Laws and not tied to any Himself When God did foresee that his People Israel would in