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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A36089 A Discourse concerning the nature, power, and proper effects of the present conventions in both kingdoms called by the Prince of Orange in a letter to a friend. 1689 (1689) Wing D1588; ESTC R3519 10,789 24

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than to overturn the Constitution of the Parliament by manifest corruption of the Election of Members to serve therein in overturning the Constitution of the Cities and Burroughs in annulling the Charters of some upon pretended Malversation of these in the Magistracy tho' it was not in the Power of the Incorporation to restrain them so that the Magistrates themselves were only punishable that if they were removed the Incorporation might name others And by seducing and threatning those who had Power to Elect in the Counties Cities and Burroughs if they did not first give assurance to Elect such Deputies as would consent to take away the Test and Penal Laws against Papists Hence many of the Cities and Burroughs seeing what became of their Neighbours did thorough fear deliver up their Charters without Sentences and such whose Charters were taken away had new ones of Persons to be in their Magistracy and Council wholly depending on the King that the House of Commons whereof the far greatest part consists of the Deputies of Cities and Burroughs might be packed at the King's pleasure and the whole House in danger to be corrupted by these prepossessions never attempted by any King of England and destructive of the Constitution of Parliament and to the Security of the Subjects Fourthly There is nothing more contrary to the Constitution of England than to be governed by the Sword and Martial Law yet the King raised and kept a standing Army of a great strength which did bear down the Kingdom until the Prince of Orange put them in capacity to Rise for their Vindication and many Persons were Executed by Martial Law. Fifthly As the former Violations were of the very Constitution so the most important Law of the Kingdoms for securing the Religion therein Established by Law was openly and atrociously violated by which Law Papists were made incapable of all Publick Trust Ecclesiastick Civil or Military and yet not only they were put in Vacancies but Protestants frequently put out that they might be put in and none left in Publick Trust who being required would not give assurance to concur in abolishing the Penal Laws against Papists whereby at once the Law excluding Papists was acknowledged as needing a Repeal and yet was commonly and knowingly broken without the same Sixthly The Violations of the Constitution of the Kingdom of Scotland designed as a leading Preparative to England were yet more gross and palpable First by an Act of the Parliament holden in the Year 1685 the King was declared an absolute Monarch to whom Obedience is due without reserve which could not fail if it were effectual to overturn the Constitution and Government of that Kingdom from being a legal Monarchy regulated by Laws made by the Consent of the Estates in Parliament into a Despotick or Arbitrary Monarchy wherein the King might command all things to be done at pleasure even though they were in themselves unlawful there being nothing reserved But the most benign Construction could not bring it lower then to import Active Obedience in all things that were not in themselves unlawful so that if the whole Parliament were commanded to resign the Parliamentary power in the Kings hands that there should never be another it were no less lawful to them to do so then to consent to that Act which was obtained of them which no man can think could proceed upon any other Ground then that they were all in Terrour to be reached for their Lives and Fortunes by Converse with these who had been in Rebellions whereof there were known and dreadful Examples Or if a Corporation or City should be commanded to resign their Charters or Priviledges or if all or any of the Subjects should be commanded to resign their Estates or Dignities in the King's Hand and become Tenants at Will They might lawfully do these things though they were very Inconvenient and therefore by that Act they were bound to Obey May not then a Convention of the Estates of that Kingdom consider and resolve whether such an Act were in the Power of a Parliament or if it were in itself simply null without the necessity of a Repeal upon this Consideration that the Parliamentary Power is founded upon the Constitution of the Kingdom and therefore every part of it is a Fundamental Law and a part of the Rectoral Contract betwixt the King and the body Politick of the Kingdom which contract was not with the Parliament and therefore could not be changed without the consent of the parties who entered in it by a more special Warrant then that general one of the Deputies for Shires or Burroughs Is there any so impudent as to pretend that the States could effectually resign in the King's hands all the Lands of the Kingdom Or that he with their Concurrence could alienate the Kingdom or subjugate it to become a Province subordinate to another Kingdom or could they turn it to a Democracie In a legal regulated Monarchy no general Command can be given but what is warranted by a general Law though Commands may be given severalty in every Cotroversie for though it be said that Subjects ought to obey their Sovereigns in all things lawful it is only to be understood of what is lawful by the Constitution and Laws made thereupon and not that which is licit not being prohibited by God otherwise it were applicable to no Government but that which is Despotick and could command all the Services the Subjects were capable to do and all their Goods and Estates It is a Childish pretence from the command in the Gospel to Wives to obey their Husbands Children their Parents in all things to extend it to all Monarchs unless Natural Affections betwixt Parents and Children and the Incommunicable Affection betwixt Husband and Wife were infused in Soveraigns and Subjects and though they could these general Commands are only in relation to the Domestick Society and the Government thereof and not to the property of the Wife and Children nor could the Husband thereby command the Wife to become a Slave he remaining free or to renounce her Joynture There is another Act procured by the King when Duke for taking a Test which is very good as to the Religion and for excluding Papists but there is thereto adjected an Oath Declaring it unlawful for Subjects upon any Pretence whatsever to Convocate Convene or Assemble in any Councils Conventions or Assemblies to Treat Consult or Determine in any Matter of State Civil or Ecclesiastick without His Majesties Command or Express Licence had thereto This overthrows all the Ordinary Judicatures Civil or Ecclesiastick in the Kingdom which meet by a Warrant of Law without necessity of a special Command or Licence and thereby doth evidently and heavily encroach upon the Constitution of the Kingdom There follows another Clause in the said Act declaring That there is no Obligation to endeavour to alter the Government as it is now Established in Church and State which was not only imposed on