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A61429
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Important questions of state, law, justice and prudence both civil and religious, upon the late revolutions and present state of these nations / by Socrates Christianus.
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Stephens, Edward, d. 1706.
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1689
(1689)
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Wing S5427; ESTC R228417
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11,035
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16
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his own Children that so he might have a pretended Successor to be Educated in the Popish Religion and in time to perfect the Work he had begun or as is believed by some to baffle all hopes of a Protestant Successor for the present and in due time to set up one of his Natural Sons of his own Religion And whereas when many Lords both Spiritual and Temporal Gentlemen and others of all Ranks observing these things and well considering the great and apparent Danger that these Nations were by these means brought into had as the only Remedy under God craved aid of His Highness the Prince of Orange whose interest and concern in these matters as well as Affection to these Nations and to the Protestant Religion did both qualifie and oblige him to interpose and the Prince thereupon coming in with a Competent Army had in a Declaration set out these and the like matters as the cause of his coming and referred all to the Determination of a Free Parliament the Nobility and Gentry and others dayly resorting to him and engaging in an Association with him for the Defence of the Protestant Religion the Antient Government Laws and Liberties of these Nations and great parts of the Armly daily revolting to them the said King James was pleased at first so far to comply with these reasonable Demands as to order Writs for Elections to be Sealed and yet not long after whether through his Conscience of the Illegality of his Actions not able to endure the Examination of these matters or through the instigations of his wicked Counsellours or both caused most of the said Writs to be burnt conveyed away the great Seal the Pretended Prince of Wales the Queen and divers of the Conspirators in that Intrigue and accessories thereunto to prevent as is believed their cross Examination and further discovery of the whole Contrivance and of the rest of the Persons concerned in it and at last departed himself beyond the Seas deserting these Kingdoms and the Government thereof All this being not only true but notorious matter of Fact so that the Relation of it needs neither Apology nor Proof there arise thereupon several QUESTIONS which may concern the whole Nation and all Persons therein who have any regard to the due discharge of their Duty well to consider and in order thereunto I. Questions of State concerning the Constitution of the English Government 1. WHether by the Sacred Scriptures or any Positive Law of God there be any Particular Form of Government prescribed for the several Nations of the World or all be left at liberty to constitute any such just form of Goverment as to them shall seem most convenient And all Persons as strictly obliged to the just and reasonable Observance of those Publick Pacts and Constitutions whereby their several Governments are formed as of any private Pacts whatsoever and all again at full Liberty to use all just and reasonable means for the preservation thereof 2. Whether by THE CONSTITUTION OF THE GOVERNMENT OF ENGLAND in Legislation or making of Laws the Jus Regiae Potestatis or Regal Power be more than one third part of the Kings Negative Voice comprehend any thing more than what each of the Houses have And therefore his assuming as his Prerogative of what belongs to the whole be not an Invading of the Rights both of the Lords and of the Commons and within the sixth Case of Hugo Grotius 1. de Jure belli c. 4. § 13. wherein just force may be used against the Invador 3. Whether by the Constitution of the Government of England for the ordinary Administration of Justice there be not certain Courts and Offices appointed whose Authority the King can neither enlarge nor abridge as in each County the Hundred Courts once in three Weeks the County Court once in a Month the Courts at Westminster once in a Quarter or four times in a Year the Circuits twice in the Year and for Extraordinary Matters by the Common Law and Statutes yet in force and unrepealed ths Parliament once in the Year at least So that the Regal Right in this respect extends little farther than first to the choice of the Persons and secondly that the Commission and all Process be made in his Name as the Supreme in the Government and for the greater Honour and Majesty of the King and Kingdom 4. Whether by the Constitution of the English Government in all Ordinary matters between the King and the Subjects the Ordinary Courts of Justice at Westminster have not Jurisdiction and the Judges of these Courts be not the proper Legal Judges who may and ought to judge and determine according to the Law of the Kings Right and Actions and of the Validity thereof and to order equal Right to be done to the Subjects as well as to the King Himself 5. Whether by the Constitution of the Government of England in all Extraordinary Matters the High Court of Parliament be not the Supream Judicature and may not of themselves without the King both Judge and Correct the Errors and Misdemeanours of the Judges and great Officers of the Nation and moreover enquire into the Actions of the King Himself so far as they concern the Publick State of the Nation and if they see cause both judge and declare them to be publick Grievances and contrary to Law and also demand Redress by Petition and also in cases of great Importance and Necessity when the Constitution and publick State of the Nation is in danger by Force and Arms And whether this Right doth not remain in the Lords and Commons of this Nation in such Case if the King refuse to call a Parliament there being then no Superiour Authority or other means to determine the matter between them when the very damental Laws and Constitution are in Question Indeed it is plain in the Frame and Composure of the Government it self and in the Actions of our most Antient and Succeeding Parliaments and confirmed by the Polititie of those People from whom they did descend that out Wise Ancestors in the Constitution of this Government did particularly intend and take care of two things The one to give all the Honour and Majesty that could be to the King for the greater Honour and Advantage to the Nation abroad The other to retain all the Power that might be to themselves for the greater Security and Benefit of the Publick at Home And therefore when they had limited and confined his Power as much as was thought convenient they invested him with the rest not as a Right which he might dispose of or use as he pleased but as a Trust the management whereof they would inspect and consider and for that end as well as to inspect the Actions of inferiour Officers supply Defects c. did think fit to have frequent Conventions or Parliaments So that his Right hath a great and weighty Duty if not a Condition in Law as they call it essentially annexed to it
Important QUESTIONS Of State Law Justice and Prudence Both Civil and Religious UPON THE Late Revolutions AND PRESENT STATE OF THESE NATIONS Consistere simul non possunt Voluntas Imperandi Voluntas Perdendi Grot. 1. de Juri Belle. c. 4. § 11. Regi in partem non suam involanti vis justa opponi potest quia eatinus Imperium non habet Grot. ibm § 13. Quisquis Imperii Summi partem habet non potest non jus habere eam partem tuendi Quod ubi fit potest Rex etiam suam Imperii partem Belli Jure amittere Grot. ibm By Socrates Christianus LONDON Printed in the Year 1689. ADVERTISEMENT THe Design of this Paper is not what some might imagine by the Title to raise Doubts and Questions but the contrary to prevent and resolve them Certain it is that many Difficulties are and may be better and with more Ease Brevity and Satisfaction resolved meerly by well stating the Question than by long Arguments and Discourses And the old Socratick way of convincing and instructing by Questions hath been thought by some Wise Men of latter Ages not less useful or satisfactory than that of Syllogistical Disputations The present State of the Nation WHERE 's King James the Second being long since Seduced from the Reformed Religion wherein he was Educated to the Superstitions and Abominations of the Romish Religion out of his great Zeal for the same and through the Evil Counsels and Instigations of the Jesuits and of other Persons of the same or the like wicked Principles and Perswasions hath ever since with great earnestness and by various means endeavoured the Re-establishment thereof and the suppression and utter extirpation of the genuine Christian Religion reformed from the Superstitions and Abominations of the Roman and publickly professed under the protection of the Laws in these and divers other Nations as of a Pernicious Heresie and under the Notion and Name of the Northern Heresie And for that end during the Reign of the late King Charles the Second held divers secret Counsels and Conspiracies both with notorious Enemies of the Reformed Religion beyond the Seas and at home with Persons notoriously guilty by the Laws of High Treason And in pursuance of those Counsels and Conspiracies is generally believed to have been a Principal Author and Promoter of Wars Bloodshed and other great Mischiefs among the Professors of the Reformed Religion that being weakened by their own hands they might the more easily be Destroyed and Subjugated by those of his party And whereas the said King James since his access to the Throne in further prosecution of the same Designs Counsels and Conspiracies not to mention any secret Practices which may possibly be made more manifest in due time hath notoriously contrary to the true Constitution of the Government of this Nation contrary to divers express Statutes contrary to his own repeated Word and Solemn Promises and contrary to the very form of the usual Coronation Oath which he is presumed to have taken assumed to himself a Power to Suspend and Dispense with the Laws which is an Essential part of the Legislative Authority which belongs not to the King alone and under pretence thereof keeping up a great Army in time of Peace hath not only Armed great numbers of Papists but put and continued in Offices both in the Army and in the Navy many Papists and others Persons not qualified by Law And that the Administration of Justice might be also in the hands of Papists and such as were believed would comply with his Designs hath in the Counties chosen divers Papists for Sheriffs displac'd and put out of Office most of the Protestant Justices of the Peace and in their Room hath put and continued professed Papists and other Persons not qualified by Law insomuch that generally throughout the Nation in the Counties there is not a legal Justice of the Peace to be found in many miles distance whatever occasion should happen In Corporations hath by his Letters of Mandamus caused professed Papists to be chosen for Mayors Aldermen and Sheriffs And in the Courts of Justice at Westminster hath placed and displaced Judges till he had furnished the same with such as were believed would most perfectly comply with his Pleasure without much regard to the Laws And for the promotion of those Designs in the Church as well as State hath granted to divers Persons of whose compliance therein he was well assured a Commission in the nature of the High Commission which with all other of like nature at any time to be granted hath by express Acts of Parliament been utterly abolished and made void by which he hath caused the present Lord Bishop of London most unjustly and contrary to all Law and Equity to be Suspended from his Office the President of Magdalen Colledge in Cambridge and the President and Fellows of Magdalen Colledge in Oxford contrary to Law to be put out of their Free-holds and by the same proceedings might as may reasonably be believed was designed have turned out all the Clergy of England who would not have complyed with whatever he should have pleased to command And for the more direct restauration of the Papal Authority and Religion in England which to endeavour or attempt is High Treason by the Statutes hath sent his Ambassador to the Bishop of Rome and admitted and entertained a Legate from him hath permitted Popish Bishops to be consecrated in England and to hold their Visitations a Jesuit to be of his Privy Council Jesuit Schools and Convents for Fryers to be erected and Popish Chapels for Publick Mass in divers places and hath placed and permitted known Papists to hold considerable places and Employments in the Church and in the Universities And that the things thus designed and promoted might have been confirmed with the Formalities of a legal Establishment hath used divers indirect Means and imployed divers Agents to have such Persons only chosen to serve in Parliament as he could be assured would comply with his Pleasure therein a practice which strikes at the very root of our Government and tends directly as the most immediate means to the subversion thereof And to compleat all that they might be so Established and Secured for the future from danger of being defeated by a Protestant Sucessor hath by the arts of those Subtile Agents been so far transported in his Passion for that Painted Rotten Religion as to comply with them in an * Though it be in truth Unnatural yet it may not seem so or to be unreasonable to one who reputes them to be obstinate Hereticks and for that Cause deserving to be disinherited unnatural intrigue to adopt or set up a Supposititious Child as is by most Persons in the Nation of all Ranks and Qualities firmly believed notwithstanding the Extrajudicial Depositions In-rolled and Published in Print for his own Son and the Rightful Prince of Wales though to the disinheriting of the true heiress apparent and