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A61358 State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary. William III, King of England, 1650-1702.; Mary II, Queen of England, 1662-1694. 1692 (1692) Wing S5331; ESTC R17906 843,426 519

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Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
Irlandois on peut dire qu'on leur doit une bonne partie de cette victoire That is to say And to give the English and Irish their due France is indebted to them in a large measure for this Victory But now to our Politician again Ils se haissent les uns les autres sont en division continuelle soit pour la Religion soit pour le Government The English says he hate one another and are still quarrelling either about Religion or Government These Indecencies would almost make a Man call them Names but let us pass without one angry word from the Interest of our Reputation to that of our Peace and enquire how they stand affected to us upon that point To say that England has not for a long time had any Troubles either at home or abroad which the French have not promoted or improv'd to their own advantage is to say no more than that they deal with us as they do with all the World beside so that we must e'en have recourse again to their Politicks for some particular Mark of their Favour where you shall find that our State-Mountebank has not yet shewn all his Tricks but puts himself with a very grave and fore-casting Countenance upon the very Project of our Ruine Une Guerre de France de trois ou quatre ans contre eux les ruinera entierement ainsi il semble qu'il ne faut point faire de paix avec eux qu' a des Conditions qui nous soient tres avantageuses A War says he of three or four Years with France would absolutely destroy the English so that methinks we should not entertain any Peace with them but upon very profitable Terms And then a little after In fine says he the way to undo the English is to make them keep an Army on foot and there 's no fear of their Landing in France but to their certain destruction unless they should be invited by a Rebellion without which their Troops will in a short time most undoubtedly fall foul one upon another To keep them upon continual Expence 't is but giving them the Alarm upon the Isles of Jersey and Guernsey Wight and Man Ireland and the Cinque Ports by which means they will be put upon the Charge of Fortifications and Garrisons which will perswade the People that the King intends to set up a Standing Army and an Arbitrary Government So long as this holds the Nation will never be at quiet but torment themselves with Fears and Jealousies which may be easily fomented by Letters in Cypher to such or such particular Persons and in such sort to be intercepted as shall be found convenient These Letters may give a Hint of a Descent in Ireland and elsewhere which would dispose the Irish who mortally hate the English to a Revolt and among the suspicious Multitude they would pass for Gospel This Contrivance would make the Scots also to bethink themselves of recovering their Liberty where there must be Parties made and the Sects encourag'd one against another especially the Roman Catholicks must be fairly handled and private Assurance given in the Name of the King of England to the Benedictins who are easie enough to be impos'd upon that they shall be restor'd to all their former Benefits according to the Printed Monasticon which will presently make the Roman Catholicks declare themselves and the Monks will move Heaven and Earth for the bringing of Matters about But then Care must be taken to carry on the Report that the King is of the Romish Religion which will distract the Government and throw all into an Absolute Confusion From hence we may gather First What Opinion the French have of us Secondly That it is not only their Desire and Study but a formed Design to embroyl us Thirdly That they will stick at nothing neither to compass that End be it never so foul Fourthly This Libeller has trac'd us out the very Methods of their working As by amusing the People with forged Letters of Intelligence where the first Author of the Plot must miraculously discover it By filling the Peoples Heads with Fears and Jealousies and leaving no Stone unturn'd in England Scotland and Ireland to stir up a Rebellion Why has he not advis'd the Poysoning of all our Fountains too which would have been a Course of as much Christianity and Honour But that this Trifler may not glorifie himself too much in his wondrous Speculations take Notice that he is only the Transcriber not the Author of this goodly Piece for the Original was betwixt Richlieu and Mazarine and it amounts to no more in effect than an imperfect History of the French Dealings with us for a long time and particularly in our late Troubles To come now from his most unmannerly Malice to his Reason of State if I am not mistaken England might longer subsist in a War with France than France could in a Peace within it self the heaviest of all Judgments when a Nation must be wicked upon necessity And again when he says That England cannot hurt France by a Descent unless call'd in by a Rebellion He never considers That if England had an Army a-foot and stood inclin'd to make use of it that way we should not be long without an Invitation For we see what the Bourdelois c. did upon their own Bottom and without any Forreign Encouragement and the whole Business miscarried only for want of a vigorous Second Lastly Give me leave to say that he has extreamly over-shot himself in one thing more for tho' this has been realty the Practice of the French and is at this day the very Model and Rule by which their Emissaries govern themselves it should yet have been kept as the greatest Secret in the World for the owning of these Inglorious Artifices in Publick makes it one of the grossest Libels that ever was written against the French Government to say nothing of his oversight in disobliging the Roman Catholicks and laying Snares to trepan them The Question of Trade has been so beaten already that there remains little to be added to it Nor in truth needs it since it is agreed on all hands that the French set up for an Universal Commerce as well as for an Universal Monarchy And in effect the one is but a necessary consequent upon the other Nor is it enough it seems for us to be design'd upon by them without lending them our Hands towards the Cutting of our own Throats For upon a sober and judicious Estimate we are Losers by our Trade with France at least a Million and an half per Annum I shall conclude this Head with one passage more out of our Pelitiques of France And you 'll say 't is a pleasant one too but it must be under the Rose Upon a presupposal of Mischief that 's a Brewing in England Now says he it will be our Business to renew our Alliance with Holland we can wheedle them into an