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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44949 Humanum est errare, or, False steps on both sides 1689 (1689) Wing H3364; ESTC R26810 12,889 12

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Law be made how a King can be chosen is a question hard to be answered XVIII That They did not proceed to Act as a Convention still but hastily Metamorphized themselves into a Parliament since if publick necessity justifies the greater the lesser matters cannot be Criminal If they may put out one King and put in an other they may doubtless give Money to support him as a Convention So that there could be no reason to make that change in point of necessity because necessity gives Sanction to all they do as a Convention and that a Parliament so made cannot rise higher then a Convention Some therefore look upon it as the effect of fear in the present predominant Party that they dare not trust the People already with an other Choice after making them hope they should have a Parliament in April which is a weakness that should not have been shown and a Dipposaintment that ought not to have been given to so many Countrey Gentlemen that had reserved themselv●s for a Parliament Moreover it is hotly argued by divers persons that a Convention is an exterordinary thing but a Parliament a legal and customary Thing The one an effect of necessity and makes bold with Forms for Essential safety the Other a regular part of the Constitution but that a Convention has no more power to make it self a Parliament then the King has to make himself a Cons table or the Spanish Fryer had to turn a couple of Capons into a couple of Charps that he might not break Lent at an English mans Table Others think this such a strain and violence upon the Constitution that the Laws made by it will hardly be obeyed especially about Money They say the Parliament or Legislative Capacity is as much invaded as the Throne and that it looks like a Confederacy of the present Possessors of both upon the Nation to keep out with the King the Gentlemen of it from their Priviledge and Birth-right least on a new Choice They should take new measures and change the present Politicks XIX That They should begin their Session with giving this new King an Arbitrary Power of Imprisoning of the Subjects persons against the Reason of the Law of Habeas Corpus which evidently was That no pretence of State Emergency should make that inrode upon the fundamental right of the Subject in that it was not a benefit granted by Law but by Law only Declared and Confirmed against the Encroachments of ill times upon the Original Contract But this Law plainly admits that that Law for Habeas Corpus may be against the safety of the Government which is granting the Point to those that oppose the passing of it and to such as have wisht it Repealed upon the same pretence That which follows upon this must be that either a Parliament be always sitting or the Prince have power in Intervals or that the Government be exposed if such a breach as is hereby made be allowed to be at any time necessary But that which agrivates the attempt our Fears made it one of the greatest of the Crimes that the King was to have been guilty of that he would for the same reason endeavour to shake such a Priviledge and Jewel of the People XX. That in reviving the Revenue that dropt with the Abdication of the King they did not Apropriate what they continued as well as let fall the Chimny-Money and additional Customs on Sugar and Tobacco since there cannot be a better security to the Peoples Freedoms then assigning the uses to which they give their Money and making it very penal to misapply it XXI That They committed Sr James Smith for Bailing the Popish Lawyer that was not committed by Parliament nor for Treason nor upon any Suggestion or Charge upon Oath which in the opinion of some able Lawyers is expresly against the Right of the Subject and Law of the Land Even a just Punishment may be unjustly executed XXII That They should have no more Regard to the Princes Publick Faith in his Declaration of Indulging Papists themselves that will live quietly than to make a Law to Banish them out of Town which is the way to provoke Mischief if they are capable of doing any and to be sure the Severest of all Injuries in that it deprives so many Hundred People of the lower sort of the means of getting Bread for their poor Families and which makes the whole Undertaking a Jest we are all at the same time to be Guarded by Papists of almost all other Nations XXIII That they should force him to take a Coronation Oath against his Declaration to the Kingdom for if by this Oath he is not obliged to Persecute Dissenters which I much question it is certain they are left out of his Oath for he Swears only to the Church and by the late Principles of government there is no Tye where there is no Contract XXIV Lastly That such Men are Chiefly in the present Ministry that have been the Tools of the Monarchy in the worst of Times and Practices which as the ingenious Author of the Equivolent says must disrelish the best of things that are done Liquor naturally tasts of an impure Cask and that Water cannot be clear that comes through a foul Chanel It is boldly affirmed by divers Persons that some of them were in the Black-Heath Project and promoted a French League soon after Corrupted Parliaments and Desolved such as would not be Corrupted as the two last at Westminister and that at Oxford That They turned the Scale against the Protestant Interest in the time of the Popish Plot and prevented the Exclusion which they seem now so Fond of in an after Game That they Violated Elections and Invented the Dissolution of Charters and that it was this conduct that adjourned the Deliverance of the Nation and laid the Foundation of the Protestant Plot that succeeded presently upon it which cost the pious Lord Russel the brave Sidney and the rest their Lives and the Nation all the Confusion and Misery that followed it They further say that Pol. was a employed in the Bloody Expedition in the West That Tre. Sentenced the aforesaid noble Lord against his Conscience to Death That Pow. gave his opinion for the dispensing Power fineing that Gallant Peer my Lord Devonshire That Hol. and Lev. were always high Tory Lawyers and Kings Council against those that Suffered upon the Protestant Plot and the first of them always Council to the absent King And after so large a Profession of having only to do with clean Men to take as foul as they have left stumbles those that were very zealous for the present work who begin already to say It is all a personal business and the time of our Deliverance is not yet come And for the Sons of the Church that are truly so they see their error and will touch no more while Others that foresaw all this Laugh in their Sleeves and cry did not we tell you so