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A46967 The tryal and examination of a late libel, intituled, A new test of the Church of Englands loyalty with some reflections upon an additional libel, intituled, An instance of the Church of Englands loyalty. Johnson, Samuel, 1649-1703. 1680 (1680) Wing J846; ESTC R16934 13,743 12

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Arguing from the Church of England's Own Principles which he says is the Design of his Paper p. 6. Is it the Principle of any One Clergyman in England That the Doctrine of the Church of England is to be sought for and found out in Addresses Or in any thing but the Liturgy and Homilies the Articles and Canons of the Church which have the Publick Sanction and the Universal consent of the whole Clergy If he had found materials out of any of these to make good his charge of Disloyalty he had done like a Man and the Church of England had been Condemned out of her own Mouth But if he cannot do this at present we will have patience to stay till he can and in the mean time he had done wiselier to have said nothing 2. The Bishops and Clergy of several Convocations who have been Dead these Hundred years are rendred Disloyal for not governing themselves by these Addresses two years ago which they knew not of This is a great Hardship indeed that men shall be tryed and condemned by Laws which were not promulged till an Hundred years after their Death The present Church of England has a very great Reverence for those Bishops and Clergy who were the Restorers of the Protestant Religion to this Kingdom and who had formerly hazarded their Lives for it and will be very loth to see them pass under the Character of Traytors and Rebels And when we Demand What Laws of the Land or what Principles of the Church of England they had transgressed we are in effect told That they were Rebels against some chosen Expressions in very modern Addresses The Instance which he gives is the Church of England's behaviour towards Mary Queen of Scots above an Hundred years ago Now mark his words p. 5. But yet because I am about to give a notorious Instance of their Receding from this Principle namely the Divine Right of Succession when the Practise of it thwarted their Interest it will not be amiss to observe that they have Acknowledged in their several Addresses to his present Majesty upon his Accession to the Crown the Unalterable and Inherent Right of Succession Now this is the Reasoning which as I said before would make a Man stand upon his Head. Besides How could they Recede or go back from a Principle which they never came to and were never nearer it than than at an Hundred years Distance For their Opinion or Principle call it what you will was this as appears by the 27. Eliz. That in case an Heir in Remainder killed the present Lawful Possessor of the Crown that person had not a Divine Right of Succession And that neither God nor the Laws ever meant to Reward the falshood of Treason and the bloody Usurpation of a Crown with so much the Earlier possession of it My business is not to concern my self about either of these Principles or opinions but only to shew the absurd reasoning of this Writer 3. Mary Queen of Scots is made Queen of England by such an Argument as makes her no Queen of Scots and by giving her another's Kingdom takes away her own The Argument is this That Queen Elizabeth being Illegitimate and only an Act-of-Parliament-Queen could not interpose betwixt the Crown of England and Mary Queen of Scots who was Heir by Inherent Birth-right Now does not all the World know That all the Title that Mary Queen of Scots had to the Kingdom of Scotland was an Act of Parliament made at Scone in the time of Robert the First whereby his Issue by Elizabeth Moore his Concubine whom he never Married but who was afterwards Married to one Giffard a Gentleman of Louthien were made Inheritable to the Crown and at the same time all his Legitimate Children by his Lawful Queen Eupheme were set aside These men take just the same Measures as their Father Garnet did in the Gun-Powder Treason who Resolved That in order to blow up the Hereticks they might Lawfully blow up their Catholick Friends too Nay all that this Instancer says against Queen Elizabeth admitting it to be True which we do not bears much harder upon the Title of Mary Queen of Scots Was Queen Anns Marriage with Hen. 8. naught But in Elizabeth Moores Case there was no Marriage at all Or was King Edward set aside to make way for Illegitimate Elizabeth But so it was done by the Act at Scone Every body understands the English of Queen Ann Bolens Precontract when they Remember That King Henry the 8th was Married again to the Lady Iane Seymour within Three days after the Beheading of that Queen 4. Mary Queen of Scots is made Queen of England upon the Hypothesis of the Paternal Right p. 3. and 5. when upon that Hypothesis she was disinherited and foreclosed from the Crown of England by two Successive Patriarchs Henry the 8th and Edward the 6th Henry the 8th by his last Will and Testament excluded the House of Scotland and Edward the 6th by his Will excluded both that all his own Sisters likewise But as the Bishop of Ross argued against the first Will that it was not subscribed by his Graces own hand-writing as was directed by the Act of Parliament but only signed with a stamp of his Name so King Edward was never enabled by an Act of Parliament to dispose of the Crown at all And so neither of these Wills signified any thing because the Prince has no Power but what the Law gives him Whereas if these foresaid Princes had been Patriarchs and full of Inherent Paternal Power they could have Disinherited without an Act of Parliament For if a Father cannot Disinherit much less has he Power of Life and Death It were endless to reckon up all the awkerd and wilful mistakes which fill up that Sheet of Paper As where he insinuates p. 7. that the 13 th of Elizabeth was owing to the Queens Consciousness of the Insufficiency of her Title It is nothing so But it was made for the Preservation of her Person and that no body presuming upon an Unalterable and Unforfeitable Title in Reversion might immediately Destroy her An Act it is which is Law to this day and was recited 13 Caroli 2. and there Expresly made a Pattern for the 13th of his Reign And whereas he says p. 8. That before the Queen of Scots was taken off and so the Succession pretty well secured against Popery the Church of England never Persecuted any of her Protestant Dissenters but as soon as that Work was done and the Court likely to continue on their side then out flies the 35 Eliz. cap. 2. against Sectaries In those very few words there are a great many Blots For 1st I hope the 23 of Elizabeth was several years before the Death of the Queen of Scots and if that Act was not made against the Protestant Dissenters they have had the more wrong done them in having been since Prosecuted upon that Act. 2d He words it as if the 35 of