Opportunity is precious and very slippery and if they let the present Occasion pass by they can hardly ever hope that it will be possible for them to recover it That their Fathers and Grand-fathers would have thought themselves in Heaven to have had such an Offer as this is in any of the four last Reigns and therefore that they had better be contented with Half a Loaf than no Bread I mean it will be their VVisdom to embrace this Golden Occasion of putting themselves on a Level with all other English Men at least as to their private Capacity and to disarm once for all the severity of those Laws which if ever they should come to be in good earnest executed by a Protestant Successor will make England too hot for them And therefore I should particularly advise those among them who have the Honour to approach his Majesty to use their Credit to prevail with him to make this so necessary a step in Favour of the Nation since the Successors have advanced two Thirds of the way for effecting so good and pious a VVork Then and not till then the R. C's may think themselves secured and his Majesty may hope to be great by translating Fear and Anger from the Breasts of his Subjects to the Hearts of his Own and the Nations Enemies But if an evil Genius which seems to have hovered over us now a long time will have it otherwise if I were a R. C. I could meddle no more but live quiet at home and caress my Protestant Neighbours and in so doing I should think my self better secured against the Resentments of the Nation than by all the Forces Forts Leagues Garranties and even Men Children that His Majesty may hope to leave behind him As for the Protestant Dissenters I am confident the Body of them will continue to behave themselves like Men who to their great Honour have ever preferred the Love of their Country and Religion to all Dangers and Favours whatsoever but there are both weak and interested Men among all great Numbers I would have them consider how much the state of things is altered upon the coming out of this Letter for if hitherto they have been too forward in giving Ear to Proposals on this Mistake that they could never have such a favorable Juncture for getting the Laws against them repealed I hope now they are undeceived since the Successors have pawn'd their Faith and Honour for it which I take to be a better security as Matters go at present than the so much talked of Magna Charta for Liberty of Conscience would be tho got in a legal way for our Judges have declared That Princes can dispense with the Obligation of Laws but they have not yet given their Opinion that they can dispense with the Honour of their Word nor have their Highnesses any Confessor to supply such an Omission However it is not to be charged on their Highnesses if such a Magna Charta be not at present given them provided the Test be let alone but I fear the Roman Catholicks Zeal will have all or nothing and the Test too must be repealed by wheedling the Dissenters to joyn with willing Sheriffs in violating the Rights of Elections which are the Root of the Liberties of England prudent way of recommending their Religion to all true English Men. But if any of the Dissenters be so destitute of Sense and Honesty as to prefer a Magna Charta so obtained Void and Null in it self to their own Honour and Conscience to the Love and Liberties of their Countrey to the present Kindness of all good Men and their Countenance at another time and above all to the Favour and Word of the Successors who have now so generously declared themselves for them We may pronounce that they are Men abandoned to a reprobate Sence who will justly deserve Infamy and the hatred of the Nation at present and its Resentments hereafter Is it possible that any Dissenter who either deserves or loves the Reputation of an honest Man can be prevailed with by any pretences of Insinuations how plausible soever to make so odious and pernicious a Bargain as that of buying a precarious pretended Liberty of Conscience at the price of the Civil Liberties of their Country and at the price of removing that which under God is the most effectual Bar to keep us from the Dominion of a Religion that would as soon as it could force us to abandon our own or reduce us to the miserable Condition of those of our Neighbours who are glad to forsake all they have in the World that they may have their Souls and Lives for a Prey As for the Church of England their Clergy have of late opposed themselves to Popery with so much Learning Vigor Danger and Success that I think all honest Dissenters will lay down their Resentments against them and look on that Church as the present Bulwark and Honour of the Protestant Religion I wish those high Men among them who have so long appropriated to themselves the Name and Authority of the Church of England and have been made Instruments to bring about Designs of which their present Behaviour convinces me they were ignorant as I suppose many of the Dissenters are whose turn it is now to be the Tools I say I wish such Men would consider to what a pass they have brought Matters by their Violences or rather the Violences of these whose Property they were and at length be wise They cannot but be sensible of the Advantages they receive by this Letter I suppose they apprehend I am sure they ought to do it that the Ruine of their Church is resolv'd onâ— But if the Dissenters upon this Letter withdraw themselves the R. C's have neither Hearts to keep firm to such a Resolution nor Hands to execute it Since therefore they themselves have unhappily brought their Church into such Precepices by provoking the Dissenters it is in a particular manner their Duty as well as their Interest to endeavour to soften them by assisting the Letter and promoting the Design of it But if the old Leaven still remain and they continue to argue as formerly if the Surplice be parted with the Church of England is lost if the Penal Laws be repealed the Test wâ—â— follow and comfort themselves with this most Christian Reflection that the R. Câ—â— will 〈◊〉 accept of what is offered them such Men deserve all the Misery that is preparing for them and will perish without Pity and give thinking Men occasion to remember the Proveâ—â— But a Fool or a Zealot in a Mortar yet his Foolishness will not depart from him But the Disseâ—â—â—â— ought not to be much concerned at this they have their own Bigots and the Church â—â—â—land theirs there will be Tools whilst there are Workmen This is a time for Wisdom to be justified of her Children when honest Men 〈…〉 off minding the lesser Interests of this or that particular Church and
and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yet the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute the Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in Execution so the same reason may perhaps make it appear unadviseable to Extirpate Hereticks because that at present it cannot be done but the Right remains intire and is put in execution in such an unrelenting manner in all places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joyned to the Gentleness of his own temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no reason to induce us to believe that a Toleration of Religion is proposed with any other design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to an Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first beginnings and the progress of the Divisions among our selves the gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had Credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by fomenting our own Differences and by setting on either a Toleration or a Persecution as it has happened to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the Extirpating all the Nonconformists and it were easie to name the persons if it were decent that had this in their mouths but now all is turned round again the Church of England is in Disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in Vogue that were such odious things but a few Years ago that the very mentioning them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government as if in an Ague divided between hot and cold fits no wonder if Laws so unsteadily executed have failed of their effect V. There is a good reserve here left for Severity when the proper Opportunity to set it on presents it self for his Majesty declares himself only against the forcing of men in matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing upon the Protestant Religion that is inconsistent with the publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these was the happy occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible effects that are visible to all the World There is another Expression in this Declaration which lets us likewise see with what Caution the Offers of favour are now worded that so there may be an Occasion given when the time and Conjuncture shall be favourable to break through them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the hearts of our People from Us or Our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of men who to our great Misfortune have so much Credit with His Majesty and who will be no sooner lodged in the Power to which they pretend then they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King VI. His Majesty makes no doubt of the Concurrence of his Two Houses of Parliament when he shall think it convenient for them to meet The hearts of Kings are unsearchable so that it is a little too presumptuous to look into his Majesties secret thoughts but according to the Judgments that we would make of other mens thoughts by their Actions one would be tempted to think that his Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there was a perfect understanding between him and His Parliament and that his people were supporting him with fresh Supplies and this House of Commons is so much at his Devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Mask with relation to the Test and since that time the frequent Prorogations the Closetting and the pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of his Majesties Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mistery a little which are when his Majesty shall think it convenient for them to
Years after that he called no Parliament notwithstanding the Law for Triennial Parliaments and the manner of his Death and the Papers printed after his Death in his Name having sufficiently shewed that he was equally sincere in both those Assurances that he gave as well in that relating to Religion as in that other relating to frequent Parliaments yet upon his Death a new set of Addresses appeared in which all that Flattery couldinvent was brought forth in the Commendations of a Prince to whose Memory the greatest kindness can be done is to forget him and because his present Majesty upon his coming to the Throne gave some very general Promise of maintaining the Church of England this was magnified in so extravagant a strain as if it had been a Security greater than any that the Law could give tho' by the regard that the King has both to it and to the Laws it appears that he is resolved to maintain both equally since then the Nation has already made it self sufficiently ridiculous both to the present and to all succeeding Ages it is time that at last men should grow weary and become ashamed of their Folly XII The Nonconformists are now invited to set an Example to the rest and they who have valued themselves hitherto upon their Opposition to Popery and that have quarrelled with the Church of England for some small Approaches to it in a few Ceremonies are now solicited to rejoyce because the Laws that secure us against it are all plucked up since they enjoy at present and during pleasure leave to meet together It is natural for all men to love to be set at ease especially in the matter of their Consciences but it is visible that those who allow them this favour do it with no other design but that under a pretence of a General Toleration they may Introduce a Religion which must persecute all equally It is likewise apparent how much they are hated and how much they have been persecuted by the Instigation of those who now Court them and who have now no game that is more promising than the engaging them and the Church of England into new Quarrels and as for the Promises now made to them it cannot be supposed that they will be more lasting than those that were made some time ago to the Church of England who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to The Nation has scarce forgiven some of the Church of England the Persecution into which they have suffered themselves to be cosened tho' now that they see Popery barefaced the Stand that they have made and the vigorous Opposition that they have given to it is that which makes all men willing to forget what is past and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those that were too apt to believe and hope and so suffered themselves to be made a Property to those who would make them a Sacrifice The Sufferings of the Nonconformists and the Fury that the Popish party expressed against them had recommended them so much to the Compassions of the Nation and had given them so just a pretension to favour in a better time that it will look like a Curse of God upon them if a few men whom the Court has gained to betray them can have such an ill Influence upon them as to make them throw away all that Merit and those Compassions which their Sufferings have procured them and to go and court those who are only seemingly kind to them that they may destroy both them and us They must remember that as the Church of England is the only Establishment that our Religion has by Law so it is the main body of the Nation and all the Sects are but small and stragling parties and if the Legal Settlement of the Church is dissolved and that body is once broken these lesser bodies will be all at Mercy and it is an easie thing to define what the Mercies of those of the Church of Rome are XIII But tho' it must be confessed that the Nonconformists are still under some Temptations to receive every thing that gives them present ease with a little too much kindness since they lie exposed to many severe Laws for which they have of late felt the weight very heavily and as they are men and some of them as ill Natured men as other people so it is no wonder if upon the first surprises of the Declaration they are a little delighted to see the Church of England after all its Services and Submissions to the Court so much mortified by it so that taking all together it will not be strange if they commit some Follies upon this occasion Yet on the other hand it passes all imagination to see some of the Church of England especially those whose Natures we know are so particularly sharpned in the point of Persecution chiefly when it is levelled against the Dissenters rejoice at this Declaration and make Addresses upon it It it hard to think that they have attained to so high a pitch of Christian Charity as to thank those who do now Despitefully use them and that as an earnest that within a little while they will Persecute them This will be an Original and a Master-piece in Flattery which must needs draw the last degrees of Contempt on such as are capable of so abject and sordid a Compliance and that not only from all the true Members of the Church of England but likewise from those of the Church Rome it self for every man is apt to esteem an Enemy that is brave even in his Misfortunes as much as he despises those whose minds sink with their Condition for what is it that these men would Address the King Is it because he breaks those Laws that are made in their Favour and for their Protection and is now striking at the Root of all Legal Settlement that they have for their Religion Or is it because that at the same time that the King professes a Religion that condemns his Supremacy yet he is not contented with the Exercise of it as it is warranted by Law but carries it so far as to erect a Court contrary to the express words of a Law so lately made That Court takes care to maintain a due proportion between their Constitution and all their Procedings that so all may be of a piece and all equally contrary to Law They have suspended one Bishop only because he would not do that which was not in his power to do for since there is no Extrajudiciary Authority in England a Bishop can no more proceed to the Sentence of Suspension against a Clergy-man without a Tryal and the hearing of Parties than a Judge can give a Sentence in his Chamber without an Indictment a Tryal or a Jury and because one of the greatest bodies of
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
Establishment yet all other Protestants may very rationally promise themselves an Indulgence and that not only from the Mildness and compassionate Sweetness of her Temper but from the Influence which the Prince her Husband will have upon her who as he is descended from Ancestors whose Glory it was to be the Redeemers of their Country from Papal Persecution and Spanish Tyranny so his Education Generosity Wisdom and many Heroick Vertues dispose him to embrace all Protestants with an equal Tenderness and to erect his Interest upon the being Head and Patron of all that profess the Reformed Religion Had the late Duke of Monmouth been victorious against the Forces of the present King and inabled to have wrested the Scepter out of his Hand though all Protestants might thereupon have expected and would certainly have enjoyed an equal freedom without the liableness of any party to Penal Laws for matters of Religion yet he would have been careful and I have reason to believe that it was his purpose to have had the Church of Eng. preserved and maintained and that she should have suffered no alteration but what would have been to her Strength and Glory through an enlargement of the Terms of her Communion and what would have been to the Praise of her Moderation and Charity through her being perswaded to bear with such as differ from her in little things and could not prevail with themselves to partake with her in all Ordinances Upon the whole it is both the prudence and safety of Dissenters as they would escape Extirpation themselves and have Religion conveyed down to Posterity to unite their Strength and Endeavours to those of the Church of England for the upholding her against the assaults of Popish Enemies who pursue her Subversion As matters have been circumstanced and stated in England there hath not been an Affront or Injury offered or done unto her by the Court which did not at the same time reach and wound the Dissenters 'T is not her being for Episcopacy Ceremonies and imposed Set-Forms of Worship the things about which she and the Nonconformists differ that she hath been not long since maligned and struck at by the Man in Power and his Popish functo but it is for being Protestant Reformed and Orthodox Crimes under the Guilt whereof Dissenters were equally concerned and involved Being therefore in opposition to the common Cause of Religion that the late Court of Inquisition was erected over her Ecclesiasticks all Protestants jointly resented the Wrongs which she sustain'd and not only to sympathize with those dignified and lower Clergy which were called to suffer but to espouse her Quarrel with the same warmth that we would our own And as we are to look upon those of the Episcopal Communion to be the great Bulwark of the Protestant Religion and Reformed Interest in England so it was farther incumbent on Dissenters towards them and a Duty which they owe to God the Nation and themselves not to be accessary to any thing through which the legal Establishment of the Church of England might have been by an Act of pretended Regal Prerogative weakned and supplanted I never counsel the Dissenters to renounce their Principles nor to participate with the Prelatical Church in all Ordinances on the Terms to which they have straitned and narrowed their Communion For while they remain unsatisfied of the lawfulness of those Terms and Conditions they cannot do it without offending God and contracting Guilt upon their Souls nor will they of the Church of England in Charity Justice and Honesty expect it from them For whatsoever any Man believeth to be Sin it is so to him and will by God be imputed as such till he be otherwise enlightned and convinced nor are the Dissenters to be false and cruel to themselves in order to be kind and friendly to them But that which I would advise them unto is that after the maintaining the highest measure of Love to the conformable Congregations as Churches of Christ and the esteeming their Members as Christian Protestant Brethren notwithstanding the several things wherein they judge them to err and to be mistaken that they would not by any Act and Transactions of theirs betray them into a Despotical Power not directly nor indirectly acknowledge any Authority paramount unto and superseding the Laws by which the Church of England is established in its present Form Order and Mode of Jurisdiction Discipline and External Worship Whatsoever Ease arrived to the Dissenters through the Kings suspending the Execution of the Penal Laws without their Address and Application they might receive it with Joy and Humility in themselves and with thankfulness to God nor was there hereby any prejudice offered on their part to the Authority of the Law or Offence or Injury given or done to the conformable Clergy Nor is it without grief and regret that the Church-men have been forced to behold the harassing spoiling and imprisonment of the Nonconformists while in the mean time the Papists were suffered to assemble to the Celebration of their Idolatrous Worship without Censure and Controul And had it been in their power to remedy it and give Relief to their Protestant Brethren they would with delight and readiness have embrac'd the occasion and opportunity of doing it But alas instead of having an advantage put into their hand of contributing to the Relief of the Dissenters which I dare say many of them ardently wish and desire they were compelled contrary to their Inclination as well as their Interest to become instrumental in persecuting and oppressing them Nor does the late King covet a better and a more legal advantage against the Conformists than that they would refuse to pursue Dissenters and decline molesting them with Ecclesiastical Censures and civil Punishments So that their condition was to be pityed and bewailed in that they were hindered from acting against the Papists though both enjoyed by Law and influenced thereunto by Motives of self-Preservation as well as by tyes of Conscience while in the mean time they were forced to prosecute their fellow-Protestants or else to be suspended and deposed and put out of their Offices and Employments And tho I believe that they would at last have more Peace in themselves and be better accepted with God in the great Duty of their Account should they have refused to disturb and prosecute their Protestant Brethren and scorn to be any longer Court-Tools for weakning and undermining the Reformed Cause and Interest yet I could not but leave them to act in this as they should be perswaded in themselves and as they judged most agreeable to Principles of Wisdom and Conscience In the interim the Dissenters have all the Reason in the World to believe that the Proceedings of the Clergy and Members of the Church of England against them were not the Results of their Election and Choice but the Effects of moral Compulsion and Necessity Nor will any Dissenter that is prudent and discreet blame them for a matter
him answered him presently after this manner If Peace were a Benefit which always did depend upon our own Choice and if War were not ordinarily speaking a Mischief as necessary as the other is the Question which we do treat of now might easily be resolved and would not require any longer Deliberation But it is not enough to conserve Peace to have a pacifick Spirit if our Neighbours likewise be not of the same Disposition towards it which in effect is to reckon without the Host by founding the hopes of our future Quiet barely on the Promises of our own Moderation since those which are the most in love with Peace are oftentimes involved in the opposite Agitation whether they will or no by some violent motion of Fortune and so frequently stumble upon War in the Flight which they make from it and thus suffocates the Peace by too much avoiding the War I do avow that the Reasons which were alledged before could not be answered if he who did so well deduce them were able to assure us upon good Grounds that in keeping our selves Neuters in this War of the Low Countreys we might be sheltered from the Storm of another War both in the present and future Tense of such Vicissitudes or peaceably and long enjoy so happy a Tranquility which makes him believe that we ought to despise for that Speculation all manner of useful Occasions which Fortune doth daily offer unto us But in truth my Lord would you venture to be caution thereupon to the State and pawn your Faith to the Kingdom and your Honour concerning the Event For my own part I hold you too wise and too quick-sighted to imagine meerly on the Presumption of unsolid Hopes that there can be the least shadow or colour of Safety remaining for us if one of these two Monarchies which are at this time Engaged in a War should fall under the absolute Power of the other or if they do re-unite again by an Agreement in which possibly as we have handled the matter we may very well not be comprehended In case you 'll avow this Truth which all the World knows to be so it follows that you must grant that all those inconveniences which were already alledged to keep us out of all kinds of Engagement are not longer valid when there is a indispensable necessity and the Welfare and the Safety of the State are at Stake I shall not enlarge my self hereon to represent unto you that our Predecessors ever held this to be a fundamental Maxime of their Conduct to hold the Balance equal between these two Great Monarchies and that on which side soever they turned the Scales Victory did usually follow that Counterpoise which never failed to put things into that just Temperament that preserves the Health of this Realm By which means in some sort they made themselves the Arbitrators of Christendom because by affording their Help unto one of the two Parties they became in effect Masters over them both by still keeping one of them at their Devotion and in our Dependency through the prospect of those Succours which they do continually need from hence and the other with the apprehension of this Assistance For thus the English what with the force of their Arms and the power of Arbitrating in Treaties have always been the Law-givers to the Success both of their Friends and their Enemies by holding within the palms of their hands the Results of War and Peace finding both in the one and the other those Advantages and Safeties which this Nation most desired But laying aside these old absolete Maxims from which notwithstanding wise men will not willingly depart without the pressure of some invincible Necessity to come to the Circumstances of the present time It is evident that the War of the Low Countries cannot possible terminate otherwise than by the Fall and Oppression of one of the two Parties or by an Accommodation made betwixt them If they do agree and that England hath no share in the Treaty who will assure us that they 'l not unite for our Ruine or at least France which cannot remain long without War will not turn their Arms against us But if Spain falls we shall then be like Dancers of the Ropes that have lost their Counterpoise and so are ready to tumble down every step they make What good opinion soever we have of France it cannot be denied notwithstanding that in this Case after the French have triumphed over Spain they will be Masters over our Fortune too and that our being thus must intirely depend upon their Moderation For Gentlemen do you think that we can take rest securely upon so weak a Foundation as the Giddiness of their Charity is since 't is certain that the most Christian King hath too much Ardour and Desire of Glory to dwell in Idleness at home after such a Conquest And therefore seeing his Dominions and Reputation notably increased he will form to himself new Idea's of enlarging the Bounds of his Empire both by Sea and Land according to the knowledge which we have of the divers Inclinations to his Court whereof some will put him on to become Master of the Commerce of Europe and employ those vast Treasures he hath heaped together in order to that Design this way others to engage him in the finishing of his Conquests over all the Low Countries and some likewise to begin by us to open the Path to the Subduing of all other States which may probably oppose this Design So that which Advice soever of these he doth embrace 't will be equally dangerous as to us here and perpetually oblige us to stand upon our Guard with the Burthen of a continued Expence on our backs as well as the Incommodities of a War though we seem to be in Peace with him On this Position then I say that the worst Party for England that can be taken whether by choice or necessity is that of sitting Neuters By uniting with Spain we do follow our ancient Maxim and Interest which hath ever been successful to this Nation which is to be still Masters of the Balance betwixt these two Monarchies as I urged before Should we therefore embrace the Party of France we may hope for a considerable portion in the Spoils of Spain And both in the one and the other case we shall find our Surety and other Advantages in the Treaties of Peace which shall be made But by remaining Neutral we must needs equally offend both and so cannot eschew being exposed friendless to the Resentments and the Ambition of the Conqueror as well as the Scorn and the Reproaches of all the rest of Christendom for having insipidly abandoned our proper Reason of State without being either good or wicked in a matter of such universal Concernment whereby the name of Englishmen will remain so much in the Oblivion of Europe that no body will scarce remember there is such a Nation in the World excepting only those who have
is a vast Liberality indeed but still of other folks Goods It would become them far better to restore back Dunkirk to England which they cheated us of by Surprize or the Town of Callis which they have dismembred from our ancient Dominion They take from us what is our own already and present us with nothing but what is not in their power to give because they cannot bestow either the Title or the Possession of what they do offer in this Kind upon us which if we will have we must gain it by the Point of the Sword And this Train which they do shew us is of the same nature with that sort of Temptations with which the Devil tempted our Saviour from the top of the Pinnacle But do not you discover that this is a subtil Artifice to imbroil us again in a now War with the States of the United Provinces who have the Interest to defend these two Places as much as if either Amsterdam or Flushing were so designed upon And without an absolute Naval Victory we can never hope to conquer them and such a Conquest at Sea too as shall put the Hollanders out of all manner of possibility to afford any Succours in this Case This is a very hard bone which France doth cast in for us to gnaw whil'st they eat all the Marrow of it In fine when the Arms of France joyned to our Forces shall have put us possession of these two Places yet they 'll be totally unuseful to England when France is possessed of all the rest Because thus the French will shut us quite out of the whole Traffick of the Low Countreys and will be always in a Condition to drive the English away from thence unless we do resolve continually to keep a Fleet at Sea for the conserving of them If this Design be hollow and visionary it is not less shameful then airy and full of Injustice We have no manner of Pretention on the Monarchy of Spain nor is it our Genius to whet our Spirits to form Castles in the Clouds of Chimerical Rights What Glory can it be to our Arms to help to oppress a King in Minority of six years old by surprize only because we find him now to be rudely attacqued and unprovided on a frivolous Pretext immediately after the French had given the Queen his Mother and his principal Ministers of State at Madrid such solemn assurances to the contrary as well as at Paris touching the inviolable continuation of a good Peace and a sincere Friendship The manner which Spain hath held and acted with us newly in relation to England when we were assaulted by three powerful Enemies at one time ought to oblige us at least to be deaf to the artificial Allurements of France For although the French have tried by all the ways imaginable and with Offers incomparably more advantagious than those which they do make to us at present to the end that so they might have gained the Forces of Spain to unite with them to our inevitable Oppression yet was it never in their Power to shake the unalterable Amity which the Spanish Nation have for us by a kind of natural Sympathy which one knows not how better to express than by the Immutability of it whether we do oblige or disoblige them Would it not then be an Ingratitude totally inconsistent with the Honour and the Hospitality of the English Temper so soon to forget this Kindness since at the same instant that Spain was the deepliest engaged against Portugal they did notwithstanding openly oppose the Designs of France which seemed to the prejudice of England by refusing them in contemplation of us firmly and with great Resolution Passage for those Troops of theirs which they sent to ruine the Bishop of Munster our Ally and Confederate then We cannot complain of any Injury or Attempt wherein the Spaniards have tampered against England No League nor ancient Treaty doth oblige us to second the Designs of France and we cannot conclude new Aliances with the French to this purpose without directly contravening that Treaty which we have lately ratified with Spain Let us see then what the Herald is to say to the Spaniards that shall be sent to denounce War unto them on this Occasion from England or with what Reasons we shall be able to fill a Manifesto which we would offer to the Publick whereby to justifie the Causes of this Rupture Wherefore I leave the Care my Lord to you being that you seem to be the Author of this Counsel to found it well in the point of Justice But pray see that you perform it better and with more grace than the Writer of the Queen of France's Prepensions hath done I say farther yet That this Design is both prejudicial and destructive and that it carries along with it most pernicious Consequences as well in the present time as the time to come For from the very moment that we do break with Spain our Commerce will cease with the Effects of all those great Advantages which the Spaniards have * By the Treaty last ratified at Madrid by the Earl of Sandwich His Majesty's Embassadour there newly granted unto us and the Merchants of this Realm who trade there will justly be confiscated since all the Profit that we draw from thence must on these terms infallibly redound in favour of the Hollanders whilest our Arms do busie the Spaniards in the Low Countries and the French as they do their utmost against Spain at the same instant will seize their principal Ports into their Power and thus become absolute Masters of the Commerce by putting themselves into a Posture to ereâ—â—â— Doâ—â—â—nion over th◠〈◊〉 which we can never afterwards be able to resist Not above three Years agâ— France was hardly able to set forth twenty Ships that is to say Men of War 〈◊〉 â—ow they have sixty large Vessels ready furnished and well armed and do apply all their Industry and Pains in every part to augment the number Could the Ghost of Queen Elizabeth return back into the World again she would justly reproach us who are the Ministers of State here in England for having abandoned her good Maxims by tamely suffering before our Eyes a Maâ—itim Power to increase which she so diligently kept down throughout the whole Course of her Reign Whereas you are so far from opposing the Growth of this Power that you rather seem to desire England should facilitate the ways to make it grow the faster and render it yet more formidable than it is by the Acquisition of the Sea Ports which in conclusion must infallibly bring France to be Mistress of the Commerce of the Indies All the World knows the vast quantity of Money and Arms which the French have accumulated to that end alone out of the richest Purses of that Kingdom I agree to what hath been said before very prudently in this Conference that our Power and Greatness doth principally consist in the matter of
inferiour Condition being but an Off-spring of this Root be interpreted or brought in Plea against this primary and radical Constitution without Guilt of the highest Treason and destructive Enmity to the Publick-weal and Polity because by the very Constitution of this Kingdom all Laws or interpretation of Laws tending to Confusion or Dissolution are ipso facto void In this case we may allude and say That the Covenant which was 400 Years before the Law an after-Act cannot disanul it Ob. It may be objected That this Discourse seems to make our Government to be founded in Equity not in Law or upon that common rule of Salus Populi which is alike common to all Nations as well as any And so what Difference Ans The Fundamental Laws of England are nothing but the Common Laws of Equity and Nature reduced into a particular way of Policy which Policy is the ground of our Title to them and interest in them For though it is true that Nature hath invested all Nations in an equal right to the Laws of Nature and Equity by a common Bounty without respect of Persons yet the several Models of external Government and Policy renders them more or less capable of this their common Right For though they have an equal Right in Nature to all the Laws of Nature and Equity yet having fundamentally subjected themselves by their Politick Constitutions unto a Regal Servitude by Barbarism or the like they have thereby much disabled and disvested themselves of that common Benefit But on the contrary where the outward Constitution or Polity of a Republick is purposely framed for the consirming and better conserving this common Right of Nature and Equity as in ours there is not only a common Right but also a particular and lawful Power joyned with this Right for its Maintenance and Supportation For whereas other People are without all supreme Power either of making Laws or raising Monies both these Bodies of Supremacy being in the arbitrary hands only of the Sovereign Magistrate amongst many Nations these with us are in the hands of the supreme Government not Governour or Court of Judicature to wit the King and Parliament here the People like Free-men give Money to the King he doth not take it and offers Laws to be enacted doth not receive them so Now in such a constituted Kingdom where the very Constitution its self is the fundamental Law of its own Preservation as is this mixt Regiment of ours consisting of King and Parliament as Head and Body comprehending Monarchy Aristocracy and Democracy there the fundamental Laws are like fundamental Truths in these two Properties First they are comprehended in a very little room to wit Honour and Safety and Secondly they have their influence into all other inferiour Laws which are to be subjected to them and correspondent with them as lawful Children and natural Branches Ob. But in Process of time there are many written Laws which seem at least to contradict this fundamental Constitution and are not they binding notwithstanding it Ans The Constitution of this Kingdom which gave its being and which is the radical and fundamental Law thereof ought therefore to command in chief for that it never yields up its Authority to those inferiour Laws which have their being from it nor ought they which spring from it tend to the Destruction of it but on the contrary it is to derive its radical Virtue and Influence into all succeeding Laws and they like Branches are to make the root flourish from whence they spring with exhibiting the lively and fructifying Virtue thereof according to the Nature and Seasons of succeeding times things incident in after-ages not being able to be foreseen and particularly provided for at the beginning saving in the fundamental Law of Salus Populi politickly established nor can any Laws growing out of that root bear any other Fruit then such as the nature thereof dictates for for a particular branch to ruine the whole Foundation by a seeming sense contrary to it or differing from it is very absurd for then how can it be said Thou bearest not the root but the root thee Laws must always relish of and drink in the Constitution or Polity where they are made and therefore with us the Laws wherein the King is nominated and so seems to put an absolute Authority into his hands must never so be construed for that were with a breath to blow down all the Building at once but the King is there comprehended and meant under a two-sold Notion First as trusted being the Head with that Power the Law confer'd upon him for a Legal and not an Absolute Purpose tending to an honourable Preservation not an unnatural Dissolution Secondly as meaning him juridically not abstractly or personally for so only the Law takes notice of the King as a juridical Person for till the Legislative Power be absolutely in the King so that Laws come down from him to his People and go not up from them to him they must never be so interpreted for as they have a juridical being and beginning to wit in Parliament so must they have a suitable Execution and Administration to wit by the Courts and legal Ministers under the Kings Authority which according to the Constitution of this Kingdom he can no more suspend for the good of his People than the Courts can theirs or if he do to the publick hazard then have the Courts this Advantage that for publick Preservation they may and must provide upon that Principle The King can do no Wrong neither in witholding Justice nor Protection from his People So that then Salus Populi being so principally respected and provided for according to the nature of our Constitution and Polity and so being Lex legum or the Rule of all Laws branching thence then if any Law do by Variation of Times Violence of Tyranny or Misprision of Interpreters vary there-from it is a Bastard and not a Son and is by the lawful Parents either to be reduced or cast out as gendring unto Bondage and ruine of the Inheritance by attempting to erect an absolute and arbitrary Government Nor can this equitable Exposition of particular Statutes taken from the Scope of the politick Constitution be denyed without overthrow of just and legal Monarchy which ever tends to publick Good and Preservation and the setting up of an unjust and illegal Tyranny ruling if not without Law yet by abused Laws turning them as conquered Ordnance upon the People The very Scripture it self must borrow from its Scope and Principles for Explanation of particular Places else it will be abused and as it is through that Default unto Heresies See we not how falsly Satan quoted true Scripture to Christ when he tempted him only by urging the Letter without the Equity or true Intention and Meaning We are to know and do things Verum vere justum juste else we neither judge with righteous Judgment nor obey with just Obedience Ob. But is not the
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
prevent or Check the French will have an Army of at least 50000 Men about Lorain Luxenburg and Burgundy to face the Imperialists and at the same Time with as many more perhaps they will seize upon the Dutchy of Juliers and of Cleves and from thence pass the Rhine to countenance those that are of the French Cabal on the side of Westphalia and so in due time several other Princes of the Empire It is remarkable that in Three Years War against the Confederates his most Christian Majesty has not only stood his ground without losing so much as one Inch of his Ancient Patrimony but actually and almost without Opposition taken several Towns and some entire Provinces from the Principals of the Confederacy And made himself almost as considerable at Sea as he is at Land Not only in the Mediterranean and upon the Coasts of Spain and Italy but in America too where he has laid a Foundation of great Mischief both to England and Holland in the point of Commerce if not timely prevented And he does little less by his Money than by his Arms for he pays all and with French Money under pretext of Neutrality maintains considerable Armies in the very heart of the Empire which 't is feared will be ready enough upon any distaster to joyn with the Common Enemy It is the French Court that manages the Counsels of Poland and they govern the Swisse no less who by the Conquest of the Franche County are made little better then slaves And yet by a fatal Blindness that Republick still furnishes the French with the best of their Soldiers and helps forward the Destruction of Europe never dreaming that they themselves are to be undone too at last But it is no great matter you 'l say to impose upon the Swisse which are a heavy and Phlegmatick People but the French Charms have bewitch'd even Italy it self though a Nation the most Clear-sighted and suspicious of all others For their Republicks lie as quiet as if they were asleep though the Fire is already kindled in Sicily and the Danger brought home to their own Doors It is a wonder that they lay things no more to heart considering First the Passages the French have to favour their Entry Secondly That they are many and small States weak and easily to be corrupted if not so already Thirdly that though they have been formerly very brave and many particulars remain so still yet in the generality they are soft and effeminate And Fourthly that the French is there the Master of the Seas These Reflections methinks might convince any Man of the Condition they are in And certainly they that were not able to defend themselves against Charles the Eighth will be much less able to encounter Lewis the 14th Or if he gets in to drive him out again as they did the Other For they must do it wholly upon their own Strength having only the Turk in Condition to help them For Germany and Spain are sunk already And the Swisse will neither dare to venture upon 't nor are they able to do it if they had a mind tot As for Spain it is neither Populous nor fortifi'd and perhaps want of Provisions may keep it from an Invasion And yet for all that with a Body of Thirty or Forty Thousand Men by the way of Fontaraby and as many by Catalonia the French may if they please in two Campania's make themselves Masters of Navarre Arragon Catalonia and Valentia and then it is but fortifying the Frontiers and making his Catholick Majesty a Tributary in Castile Who must content himself to take what they please to give him over and above in consideration of his Dominions in Italy and the Spanish Indies A Possibility that England and Holland shall do well to think of For when he has the Mines in his Power and Europe under his Feet there will be no contending After this they have only the Swisse or the English to fall upon next For the Former they are neither fortified nor united in Affections or Religion As for England They are a People not naturally addicted to the French sensible of their Honour and of their Interest and the whole World is convinced of their Courage They are United under the Government of a Gracious Prince and their Concerns are at this Instant lodged in the hands of the most Loyal and Publick-spirited Representatives that ever acted in that Station beside the Strength of the Island by Situation So that the French would find it a hard matter either to make a Conquest here or if they should surprize it to keep it But yet they have finer Ways to Victory than by Force of Arms and their Gold has done them better Service than their Iron What have we now to do then but in a Common Cause to arm against a Common Oppression This is the time or never for Italy to enter into a League for their Common Safety and not only to keep but if possible to force the French from their Borders while the Imperial Army holds the Capital Power of France in Play And this is the time too for the Swisse to recal all their Troops out of the French Service and to strike a general League also for the Recovery of Burgundy the only Outwork of their Liberties and to expel the French Garrisons and deliver the places into the hands of the Right Owners And will it not concern Poland as much as any of the rest that stands and falls with the Empire as the Defence of Christendom against the Turks and whose own turn is next This Alarm methinks should call off the Princes from the Acquisitions they have made upon part of the Swedes Possessions in the Empire to the Assistance of the Spanish Netherlands and make all the French Mercenaries in the Empire to bethink themselves of returning from the Delusions which either the French Artifice or Money has imposed upon them He that has no regard for the Head will have less for the Dependences when he has them at his Mercy Nay the very French themselves should do well to contemplate the Slavery that is now prepar'd for them Their Laws and Liberties are trampled upon and till the French Government be reduc'd to the Bounds of its Ancient Constitution neither the People nor their Neighbours can ever be secure In this dangerous Crisis of Affairs it has pleas'd Divine Providence to leave England the Arbitress of the Fate of Europe and to annex such advantages to the Office that the Honour the Duty and Security of this Nation seem to be wrapt up together In the Point of Honour what can be more Generous than to succour the Miserable and the Oppress'd and to put a stop to that Torrent that threatens Christendom with an Universal Deluge Beside the Vindication of our selves for those Affronts and Indignities both Publick and Private that we have suffer'd upon our own Account And then in matter of Duty It is not only Christendom
Nature and consequently the Ordinance of God but that the different forms of Government whether to reside in One Few or Many or whether it shall be continued by Succession or by Election together with the different measures and limitations of Power and Authority in Governours of the same kind in several Countries all these things I say are ordained by and purely depend upon positive and humane Laws From whence it will necessarily follow That the same human Authority residing in King Lords and Commons here in England which gave Being to those Laws for the good of the Community is Superintendent over them and both may and ought to make any Addition to or Alteration of them when the publick Good and Welfare of the Nation shall require it unless you will admit That an Human Authority establishing any thing intentionally for the common good of the Society which in tract of time by reason of unforeseen circumstances and emergencies proves destructive of it has by that Act concluded it self and made that accidental Evil moral and unchangeable which to affirm is sensless and repugnant And now Sir I hope by this time said the old Gentleman you begin to think that the Bill for disabling the Duke was not so unjust and unreasonable as was pretended and that the course of Succession being founded upon the same bottom with other Civil Constitutions might likewise as justly have been altered by the King Lords and Commons as any other Law or Custom whatever And here I might conclude but because a late Pensionary Pen has publickly arraign'd the Wisdom Loyalty and Justice of the Honourable House of Commons on the account of this Bill I will ex abundanti add a word or two more to that particular Whereupon he pluck'd a Paper out of his Pocket entituled Great and weighty Considerations relating to the Duke and Successor of the Crown c. Which as soon as he had read unto us You see here said he the true Temper of those men of whom I first gave you caution There never was an Endeavour though in a Legal and Parliamentary way after any Reformation either in Church or State but the Promoters of it were sure to be branded by them with the odious imputations of Fanaticism and Faction Nay if the Country-Electors of Parliament-men will not pitch upon such Rake-hells of the Nation as are usually proposed by them but on the contrary make use of their Freedom and Consciences in chusing able upright and deserving persons and if good men thus chosen do but according to their Duty in the House enquire into publick Grievances pursue in a legal course notorious Offenders and consult and advise the Security of the Government and Protestant Religion the high Church-man immediately swells and in a passion tells you That all this proceeds from the old Phanatick Leven not yet worn out amongst the People That we are going back again to Forty One and acting over afresh the Sins of our Forefathers Thus ignorantly do they complement the Times and Persons they endeavour to expose by appropriating to them such Virtues as were common to good men in all Ages But enough of this In the next place pray observe how hypocritically the Considerer puts this Question viz. Whether Protestant Religion was not settled in this Nation by the same mighty hand of God that establish'd Jeroboam in the Kingdom of Israel And then adds Whether we like that wicked King should so far despair of God's Providence in preserving the work of his own Hands as never to think it safe unless it be establish'd on the Quick-sands of our own wicked Inventions viz. the Bill against the Duke And throughout his whole Discourse he frequently calls all Care of preserving our Religion a Mistrust of God's Providence and on that score calls out to the Nation O ye of little Faith c. Now I will allow him That the least Evil is not to be done that the greatest and most important Good may ensue But that the Bill for disabling the Duke is highly justifiable both by the Laws of God and Constitution of our Government I think by my former Discourse I have left no room to doubt And the Considerer having scarce attempted to prove the contrary it 's preposterously done of him to give us his Use of Reproof before he has clear'd his Doctrine However I owe him many thanks for putting me in mind how Protestant Religion was first establish'd here in England it was indeed by the mighty Hand of God influencing the publick Councils of the Nation so that all imaginable care was taken both by Prince and People to rescue themselves from under the Romish Yoke and accordingly most excellent Laws were made against the usurpation and tyranny of that Man of Sin Our noble Ancestors in those days did not palliate a want of Zeal for their Religion with a lazy pretence of trusting in God's Providence but together with their Prayers to and Affiance in Heaven they joyned the Acts of their own Duty without which they very well knew they had no reason to expect a Blessing from it But now be pleased to take notice of the Candor of this worthy Considerer nothing less will serve his turn than the proving all the Voters for the Bill guilty of the highest Perjury For says he they have all sworn in the Oath of Allegiance to bear Faith and true Allegiance to His Majesty his Heirs and Successors but the Duke is Heir ergo c. A very hopeful Argument indeed But what if it should happen as it is neither impossible nor very improbable to imagin it that the next Heir to the Crown should commit Treason and conspire the Death of the present Possessor and for this Treason should not only be attainded by Parliament but executed too Pray Mr. Considerer would the Parliament in this case be guilty of Murder and Perjury I am confident you will not say it If therefore the next Heir become obnoxious to the Government in a lower degree why may not the same Authority proportion the Punishment and leave him his Life but debar him of the Succession This I say only to shew the absurdity of his Argument My Answer is this No man can bear Allegiance to two persons at the same time nor can Allegiance be ever due to a Subject and therefore my Obligation by the word Heir in the Oath does not commence till such Heir has a present Right to or actual Possession of the Crown which if he never attains either by reason of Death or any other Act that incapacitates and bars him then can my Obligation to him by the word Heir in the Oath never have a beginning But besides all this it cannot be denied but Mr. Considerer's Doctrine does bring great Inconveniences on Succession for the next Heir by his way of arguing is let loose from all the Restrictions and Penalties of Humane Laws and has no other tyes upon him not to snatch the Crown
lie under for want thereof 5. That you will use your utmost Endeavours to put a Brand upon those abominable Monsters which were the Pensioners in the late Long Parliament that thereby the Generations to come may be deterr'd from Attempting the like unheard of Villainy 6. That you will vigorously and carefully represent to the rest of your Fellow Members the present Condition of the Royal Navy as also of the Stores Castles and Forts which are under God the Bulwarks of England and that such effectual Ways and Means may be found out and prosecuted for the better Securing and Improving the Navy as also That none may be employed therein but such Persons who are of known Integrity and Loyalty both to the King and Nation and that all Debauch'd and Unskilful Persons now employ'd may be removed and Men fearing God loving Truth and hating Covetousness may be put into their Places that so our present Fears may be abated and thereby the dreadful growing Power of France may be timely check'd Gentlemen In the pursuance of these good Ends and such other as you shall think conducing to the Happiness of the King and Kingdom we shall stand by you with our Lives and Fortunes There were many more Addresses of like Nature and Purport made from divers other Parts of the Realm true Copies of which are not yet come to our hands But indeed the Re-election of so many of the former Members is it self a general Address and loudly speaks it The Voice of the People which we trust will be ratified by the Voice of Heaven No Popish Successor no French Slavery THE SPEECH Of the Honourable Henry Booth Esq Spoken in Chester March 2. 1680 1. at his being Elected one of the Knights of the Shire for that County to serve in the Parliament Summon'd to meet at Oxford the Twenty first of the said Month. Gentlemen and Countrymen I Must acknowledge that God hath been good unto me from my Cradle to this moment and of all his Providences to me there is none for which I have greater reason to bless his Holy Name than that he hath enabled me to govern my self and actions so as to gain your good opinion and kindness and I cannot but own I have your favour accompanied with all the obliging Circumstances imaginable for the first time that you were pleased to command my Service was in the Eighteen Years Parliament upon the death of Sir Foulk Lucy who had served you faithfully in that Parliament and though I was raw and unacquainted with those affairs and without any Tryal of my Integrity you ventured all you had in my hands at a time when England was in danger to be lost for want of a Vote For that Parliament chiefly consisted of such as sold their Country for private advantage and would have sold their King too if they could have made a better market I served you some time in that parliament at last it was Dissolved and a new one called and then as if you had approved of what I did you thought fit to imploy me again in that Service though you laid him aside who had been my Collegue that Parliament continued not long but was Dissolved and a new one called and then again a third time you thought me fit to represent you in Parliament though as you had done before you set him aside whom you had sent along with me and Chose a new one in his room but why you did me so Singular an honour as to continue me in your Service two Parliaments together and did not the like to the other Gentlemen it is not for me to give the reasons of it those are best known to your selves This is now the fourth time that I have waited on you on the like occasion and it is not a lessening of your former kindness that you have not changed my former Partner but rather a Confirmation of it because that the first time you have continued him is when he appears to be of my opinion and that which still adds weight to your kindness is that notwithstanding all this stir this bustle this unnecessary Charge and expence all the Stories by which I have been traduced you have not been prevailed upon to withdraw or diminish your favour Gentlemen I humbly beg your Patience to speak a few words in answer to what they say of me lest by Silence I may seem to cry Amen to their reports and Stories the first thing they reported was that I would not stand again but would decline your Service but withall they give no reason for it only it is so because they said it but what reason there is to contradict them now who said so the last time and how true it was you well remember So that this being the Second time that they have told you the self same falshoods I hope for the future that others will believe them as little as you have done It was reported that I was kill'd without giving any reasons or circumstances and that to this also they expected an implicit belief I wish they are not for an implicit faith in all things It was truly an excellent Artifice to threap you out of your Votes yet had I been kill'd had it been for your Service I should have thought my self well bestowed and rather meet than avoid the occasion of my Death They tell you also that I 〈◊〉 very obnoxious to the King but they do not tell you that I am restored to â—ny former Station of my Commission of the Peace without seeking or desiring it it cannot be imagined that his Majesty would be so Gracious to a man of whom he hath an ill opinion and it is a reflection to his Majesty to think he will do a thing of that Nature out of any regard whatsoever but when a thing carries its weight and reasons with it so that by this you may discern how all their reports are grounded being rather the effects of their desires than that the thing is truly so It seems the Gentlemen are much displeased that this County have frequently commanded those of my Family to serve them in Parliament they call it an entailing upon the Family but they are not pleased to vouchsafe the reasons why the Son may not be imployed as well as the Father in case he proves as fit for it but the truth is they would govern you and are angry that you will be your own chusers yet whether in this they design to serve you or their own ends I submit to your Judgment but as to my own particular they think the County highly that I have served you in several Parliaments Alas Gentlemen I know I am much inferiour in Parts and Learning to a great many but in saithfulness to your interest I will submit to no man but if you would observe it they would impose that upon you which they would not have done to themselves If they have a Servant who hath served them faithfully they
do live wicked lives the Lord in mercy convert you and shew you your danger for I as little thought to come to this as any man that hears me this day and I bless God I have no more deserved it from the hands of men than the Child that sucks at his Mothers breast I bless my God for it I do say I have been a sinner against my God and he hath learned me Grace ever since I have been a Prisoner I bless my God for a Prison I bless my God for Afflictions I bless my God that ever I was restrain'd for I never knew my self till he had taken me out of the World Therefore you that have your liberties time and precious opportunities be up and be doing for God and for your Souls every one of you To his Son Where is my dear Child Mr. Sheriff I made one request to you you gave me an imperfect Answer you said you were of the best Reformed Church in the world the Church of England according to the best Reformation in the world I desire you for the satisfaction of the world to declare what Church that is whether Presbyterian or Independant or the Church of England or what Colledge Good Mr. Sheriff for your satisfaction for 20 years and above I was under the Presbyterian Ministry till his Majesties Restauration then I was conformable to the Church of England when that was restored and so continued till such time as I saw Persecution upon the Dissenting People and undue things done in their Meeting-places then I went among them to know what kind of people those were and I take God to witness since that time I have used their Meetings viz. the presbyterians others very seldom and the Church of England I did hear Dr. Tillotson not above three weeks before I was taken I heard the Church of England as frequently as I heard the Dissenters and never had any prejudice God is my witness against either but always heartily desired that they might unite and be Lovers and Friends and I had no prejudice against any man and truly I am afraid that it is not for the Nations good that there should be such Heart-burnings between them That some of the Church of England will preach that the Presbyterians are worse than the Papists God doth know that what I say I speak freely from my heart I have found many among them truly serving God and so I have of all the rest that have come into my company Men without any manner of Design but to serve God serve his Majesty and keep their Liberties and Properties men that I am certain are not of vicious lives I found no Dammers or those kind of People amongst them or at least few of them To his Son Kissing him several times with great passion Dear Child Farewell the Lord have mercy upon thee Good people let me have your Prayers to God Almighty to receive my Soul And then he Prayed and as soon as he had done spake as followeth The Lord have mercy upon my Enemies and I beseech you good People whoever you are and the whole World that I have offended to forgive me whomever I have offended in word or deed I ask every man's pardon and I forgive the World with all my soul all the Injuries I have received and I beseech God Almighty forgive those poor Wretches who have cast away their souls or at least endangered them to ruine this body of mine I beseech God that they may have a sight of their Sins and that they may find mercy at his hands Let my blood speak the justice of my Cause I have done And God have mercy upon you all To Mr. Crosthwait Pray Sir my Service to Dr. Hall and Dr. Reynall and thank them for all their kindnesses to me I thank you Sir for your kindness The Lord bless you all Mr. Sheriff God be with you God be with you all good People The Executioner Ketch desired his pardon and he said I do forgive you The Lord have mercy on my Soul The SPEECH of the Late Lord RUSSEL to the SHERIFFS Together with the PAPER deliver'd by him to them at the place of Execution on July 21. 1683. Mr. SHERIFF I Expected the Noise would be such that I could not be very well heard I was never fond of much speaking much less now Therefore I have set down in this Paper all that I think fit to leave behind me God knows how far I was always from Designs against the King's Person or of altering the Government and I still pray for the Preservation of both and of the Protestant Religion I am told that Captain Walcot has said some things concerning my knowledge of the Plot I know not whether the Report is true or not I hope it is not For to my knowledg I never saw him or spake with him in my whole Life and in the Words of a dying Man I profess I know of no Plot either against the King's Life or the Government But I have now done with this World and am going to a better I forgive all the World and I thank God I die in Charity with all Men and I wish all sincere Protestants may love one another and not make way for Popery by their Animosities The PAPER deliver'd to the SHERIFFS I Thank God I find my self so composed and prepared for death and my Thoughts so fixed on another World that I hope in God I am now quite weaned from setting my heart on this Yet I cannot forbear now in setting down in Writing a fuller Account of my Condition to be left behind me than I 'll venture to say at the place of Execution in the noise and clutter that is like to be there I bless God heartily for those many Blessings which he in his infinite Mercy has bestowed upon me through the whole course of my Life That I was born of worthy good Parents and had the Advantages of a Religious Education which I have often thank'd God very heartily for and look'd upon as an invaluable Blessing For even when I minded it least it still hung about me and gave me checks and has now for many years so influenced and possessed me that I feel the happy Effects of it in this my extremity in which I have been so wonderfully I thank God supported that neither my imprisonment nor the fear of Death have been able to discompose me to any degree but on the contrary I have found the Assurances of the Love and Mercy of God in and through my blessed Redeemer in whom only I trust and I do not question but that I am going to partake of that fulness of Joy which is in his presence the hopes thereof does so wonderfully delight me that I reckon this as the happiest time of my Life tho' others may look upon it as the saddest I have lived and now die of the Reformed Religion a true and sincere Protestant and in the Communion of the Church
meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one point that either with relation to Religion or Politicks affords a greater variety of matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige Parliaments to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's Suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has cloathed him with a vast Prerogative and made it unlawful on any pretence whatsoever to resist him whereas on the other hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can either be made repealed or which is all one suspended but by their consent so that the placing this Legislative Power singly in the King is a subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems indispensable it is in those Oaths of Allegiance and Tests that are thought necessary to Qualifie men either to be admitted to enjoy the protection of the Law or to bear a share in the Government for in these the Security of the Government is chiefly concerned and therefore the total Extinction of these as it is not only a Suspension of of them but a plain repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the protection of the State by the Oath of Allegiance and for a share in the places of Trust by the Tests is now pluckt up by the roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any persons whatsoever for it is plain that this is no Suspension of the Law but a formal repeal of it in as plain words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie forgotten among the rest and there is a scurvy Paragraph in it concerning self-Preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has markt either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash but to make the most that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of Extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of men have been disabled from all Imployments that a Prince who at his Coronation Swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Poscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abbey Lands as other Lands but the chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained and to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them as for the Abbey Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a mortal Sin and there can no Absolution be given to any who continue in it and so this Promise being an Obligation to maintain men in a mortal Sin is nul and void of it self Church-Lands are also according to the Doctrine of their Canonists so immediately God's Right that the the Pope himself is the only Administrator and Dispencer but is not the master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation for there is nothing how impudent and base soever of which the abject flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of flattery among the Romans that Tacitus sets forth with so much just scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomeness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery but though he lived four
pinches he is really concerned that Ireland is not altogether an independent Kingdom and in the Hands of its own Natives he longs till the Day when the English Yoak of Boudage shall be thrown off Of this he gives us broad Hints when he tells us That England is the only Nation in the World that impedes their Trade That a Man of English Interest will never Club with them as he phrases it or project any thing which may tend to their Advantage that will be the least Bar or Prejudice to the Trade of England Now why a Man of English Interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least Inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no Grounds for our Authors Arraigning the whole English Nation in saying That no one Man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserved only as it seems for his Hero my Lord Tyrconnel The Imbargo upon the West India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the Good of that Kingdom that both were taken off and I question not but to see a Day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a Day wherein they will consider us as their own Flesh and Blood a Colony of their Kindred and Relations and take care of our Advantages with as little Grudging and Repining I am sure they have the same and no stronger Reason as Cornwal does at Yorkshire There are Instances in sevral Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and govern'd by the same Laws but the Wisdom of England will not judge it time fitting to do this till we of Ireland be one Mans Children either in Reality or Affection we wish the latter and have made many Steps and Advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governors in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is forty to one my Lord of Ormond and the Council whose Stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down right Terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a dilloyal Proposition If these Acts and not the Subjection to an English King were the Grievances they would be so to the British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently feel the ill Effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a Partiality exercised in executing his Majesties Commands as may destroy the very Intent of them and yet taking the Matter strictly the King is obeyed but a good Minister will consider his Masters Intentions and not make use of a Word that may have a double Sence to the Ruine of a Kingdom nor of a Latitude of Power wherewith he is intrusted to the Destruction of the most considerable Party in it Far be it from us to think it was his Majesties Intentions to depopulate a flourishing Country to undo Multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens Hands who are sworn Enemies to the British No! His Majesty who is willing that Liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his Impartiality in distributing Offices of Trust and from that Practice raises his greatest Argument to move his People to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the Destruction of that People his Intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King that his Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governor but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name TALBOT in great Letters a Name that no less frightens the Poor English in Ireland then it once did the French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to that most Noble Family of Shrewsbury though my Lord Tyrconnel presumes to bear the same Coat of Arms a Name in short which I hope in time Vox praetereae nihil A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth upwards has constantly born Arms against the Brittish If our Author will assure us of the contrary I am apt to believe â—i Excellency will give him no thanks who lays the foundation of his Merit upon the Basis of his constant adherence to the Iâ—ish Party What use of Consolation can be drawn from this head by the Brittish is beyond my skill to conâ—preâ—â—nd A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit
to enquire into the Title and Value of the Land before we give so valuable a Consideration Thus this great heap of substantial Reasons together with a large Panegyrick upon his Excellency's fair Face and good Shapes telling us by the by how he was not kill'd at Drogheda because he run away is enough and more than enough to demonstrate that the Brittish have not the least cause to be dejected because they are sufficiently secure But I will agree with the Author in this that he seems to have been reserved by Heaven against the most critical occasion that should happen in this Age reserv'd as one of the Vials of God's Wrath to plague the People 'T is well known Self-preservation is allowed by God and Man and since he tells us we are People of a contrary Interest he gives us right to provide for our selves and our Families as well as we may 't is like a generous Aggressor First he declares who are his Enemies then gives them warning to put themselves into a posture of Defence We are beholding to him for this hint and I hope shall make the right use of it 'T is below me to take notice of the meaness of the Expression of an honest Man's losing his Head in a Crowd and the nonsence of the other The most men bite at the stone c. Dogs indeed use to do so with us but this is only to let the World know what Country man our Author is and it may be 't is the custom here for these Men to imitate those more rational Creatures Our Author seems sensible that many hard hings have been done which occasioned Clamours against the present Government though I think our Grievances how intollerable soever have been born more silently than any people since the Creation Since I do not remember any one Pamphlet has hitherto come out to represent them ours being of that nature as stupifies us and takes away the use of the Tongue and Pen Curae leves loquuntur ingentes stupent I say he is not willing this load of Calumny should rest on my Lord Tyrconnel but casts it on His Majesty imagining that the respect we bear and justly to our King ought to render us Tongue-ty'd in relation to the Male-Administration of his Minister But I have already shewn how the King's Orders may be stretched and perverted The very best and most cautiously penn'd Laws have a double edge and if the Executive Power be lodg'd in ill Hands have the worst Effect even to the Punishment of Well doers and the Encouragement of them that do Ill and I question not in the least but this is our Case and as little doubt that our Grievances would be redrets'd did not one of His Majesties most Eminent Vertues interpose between us and His Grace I mean his Constancy to his old Servants and our Condition is so much the more deplorable that His Majesty cannot be a Father of His Country without seeming to desert His Minister but 't is to be hoped that at long running the Groans of a distressed Nation will prevail over all private Consideration Whether the Employment His Majesty has given my Lord Tyrconnel has not prov'd the occasion of the Augmentation of his Fortune as our Author insinuates it has not shall neither prove the Subject of this Discourse nor Object of our Envy I shall only say if the report be true that my Lord owes all his Estate to the King's bounty 't is ungratefully done to rob His Majesty of the Honour and Thanks due to him by denying it much less is it our business to find fault with the advancement of five Relations In this point Authors differ for some speak 55 at least If there had not been the greatest Partiality in the World shewed we should never have open'd our mouths if in an Army of about 9000 English Officers and Souldiers there be not 200 left in a Country where the English have so much cause to fear and those turn'd out for the most part without any cause assign'd after the most ignominious disgraceful manner imaginable stript naked in the Field their Horses Boots Buffâ—coats c. taken from them giving them Bills to receive so much Mony in Dublin as amounted to half the value of their Equipage and that not paid without Charge and Attendance have they not reason to fear It in a Country whose Government was perfectly in the English hands so â—udden an alteration was made that both the Courts of Judicature and Charters of their Corporations were taken from them without any fault of theirs have they not reason to complain and be afraid If those very Arms which are taken from them be put into the hands of their sworn Ememies and their just Debts paid after a new Method by beating or killing the Creditors when they 〈◊〉 their own Have they not reason to fear and deferâ— the Kingdom If these and an hundred other things do not justifie the retreat of several of the Brittish into England I know not what shall be adjudged a sufficient reason This our Author would insinuate is caused by a sullen Combination as if the Gentry of a Nation could agree together to do a thing so contrary to their visible Interest as desert their Houses and Estates to the loss of one half of them meerly out of spite to the Government But because our Author is so good at his Narratives and would induce the World to believe that there was but two Regiments disbanded by his talking only of two and in another place speaking of some Officers that were Cashiered VVe shall hereafter give a faithful Account of the Proceedings in the business of Disbanding and in the mean time affirm that his whole Account of the Affair at Molingar is most unsincere The English Souldiers were given to understand that they were all to be turned out and the only Grace his Excellency did them was to declare before a long and tedious March that such as had a mind or had Settlements in that Country might better quit then than hereafter This is plainly shewn by the turning out afterwards all those English who then actually continued in the Service they were glad that any would quit voluntarily but those that did not and after a publick Tryal were willing to serve his Majesty they soon after turn'd out Thus the false gloss that our Author puts upon my Lord Tyrconnel's Speech is discover'd And I assure the Reader the Memoires I have by me are from such unquestionable hands and there are so many hundred living VVitnesses to the Truth of them that our Author will not have the Impudence to deny what may be prov'd before his Majesty if he require it I shall only take notice of the ill Application of our Authors Sea-Metaphor Though in stress of weather the Owner is willing to make use of all hands that may be helpful towards the saving the Vessel yet he takes care to call for none whose practice
discourage any kind of favour towards them save that which the concession whereof would not only be inconsistent with the peace and safety of those of the Reformed Religion in England but which might enflame the Nation to such Resentments as would in all likelihood both endanger his Majesties Person and Crown and come at last to issue in the reducement of the Roman Catholicks to worse circumstances than they have hitherto been acquainted with But to proceed with our Author to whom it is so natural to act foolishly and with sauciness and injustice that neither the Character he is said to bear nor the Quality of the Persons of whom he speaks can either restrain his intemperance or correct his rudeness and indiscretion For Monsieur Fagel having said that he believes there are many Roman Catholicks who under the present state of Affairs will not be very desirous to be in Publick Offices and Employments nor use any attempts against those of the Reformed Religion and that not only because they know it to be contrary to Law but lest it should at some other time prove prejudicial to their Persons and States Our Author is so unjust as well as imprudent as to call this a menacing not only of all the Non-conformists and Roman Catholicks in England but a threatning of his Majesty and an insulting over him And from thence he takes occasion to add that he hopes God will inable his Majesty to repress and prevent the effects of these menaces and furnish him with means of mortifying those who do thus threaten and insult over him It certainly argues a strange weakness and distemper of mind to call so modest and soft an expression both a menacing of the King and of all his Catholick Subjects when I dare say it proclaimeth the sense of all among the Papists who are endowed with any measure of Wisdom and is nothing else save a Declaration of the measure by which they do at this day regulate and conduct themselves But the injustice of our Author towards Their Highnesses in his Reflections upon the forementioned expression of the Pensionary's is his intending them by the persons that do threaten his Majesty and insult over him For did he take Mijn Heer Fagel for the only guilty person in reference to this Phrase which he miscalls a Menace it would be a strange detracting in him from the Power and Glory of his Majesty of Great Brittain to wish him sufficient means whereby to shun the effects of a Gentleman 's threatning whose highest Figure in the World is meerly to be a Minister in a Republick Nor would he bring down his Master to so low a level as to make it the highest Object of his Hopes concerning so great a Monarch that he shall be able to mortifie a person who whatsoever his Merit be yet his Fortune is to fill no sublimer a Post So that it can be no other save the Prince and Princess whom our Author in his usual way of injustice petulancy and indiscretion does here character represent and intend And what he thereupon means by the Kings having power in his hands and by his hoping that God would furnish him with means by which he may mortifie them is not a matter of difficult penetration even by persons of the most ordinary capacities For the several methods that have been projected and are still carrying on for the debarring them from the Succession to the Imperial Crowns of England Scotland and Ireland to which they have so Just and Hereditary a Right are sufficient to detect unto us what our Author intends and serve as a Key whereby to open the scope and meaning of his Expressions But whatsoever the Papal and Jesuitick Endeavours may be for the obstructing and preventing their Ascending the Thrones of Great Brittain I dare say that all the effects they will have will be only the discovering the folly and malice of those that attempt it and that they can never be able to compass and accomplish it For as their Highnesses have both that interest in the Love and Veneration of all Protestants and so indisputable a Title that it is impossible they should be precluded either by Force or in a way to which their Enemies may affix the Name of Legal so there is no great cause to apprehend or fear their being supplanted by their King 's having Male Issue of a vigour to live considering both his Majesties condition and the Queens which is such that they can never communicate bona stamina vitae And for the Papists being able to Banter a suppositious Brat upon the Nation tho' there are many among them villanous enough to attempt it we have not only the watchfulness of Divine Providence to rely upon for preventing it but there are many faithful and waking Eyes that will be ready and industrious to discover the Cheat. And if the People once perceive that there hath been a contrivance carried on for putting so base an affront upon a noble and generous Kingdom and of committing so horrid a wrong against such Vertuous and Excellent Princes I do not know but that their Resentment of it may rise so high as that all who are discovered to have been accessory unto it may undergo the like fate that they of old did who were found to have been conscious and contributory unto the thrusting the Eunuch Smerdis into the Persian Throne Nor do I in the least doubt but that the same Righteous Wise and Merciful God who prevented the like villany when designed in the time of Queen Mary and which was advanced so far that some Priests had the wickedness and impudence both to give thanks in the publick Churches for her Majesties safe delivery of a Prince and also to describe the Beauty and Features of the Babe tho' all she had gone with amounted only to a Tympany of Wind and Water I say that I do not question but that the same God will out of his Immense Grace and Sapience find ways and methods of which there are many within the compass of his Infinite Understanding by which so hellish a piece of villany if there be any such projected and promoting may be brought into light and disappointed And truly when I consider the Christian and Royal Vertues wherewith their Highnesses are imbued and how they are furnished with all the Moral Intellectual and Religious accomplishments that are requisite for adapting them to weild Scepters and which render them not only so agreeable to the necessities and desires of all good people but so admirably qualified to answer both the present posture of Affairs in Europe and the Exigencies of those that are oppressed and afflicted I grow into a confidence that as the Church of God both in Brittain and elsewhere and the circumstances in which so many Countreys are involved do bespeak and crave their Exaltation to the Thrones of the Brittish Dominions so that they are both destined of God unto them and will in due
shift Instruments and to betake themselves to the Nonconformists whose assistance the better to engage they have not only suspended all the Penal Laws to which the Dissenters were liable but have endeavoured to fill ' them with jealousy and apprehension of danger from the Test Acts tho at the same time they know that Nonconformists never either did or could receive prejudice by them Only they are sensible that if they could work up that easie people into such a belief they should thereby not only obtain their concurrence and abettment for the rescinding of those Laws that are at present the only great remaining Fence about our Religion and upon the abrogation whereof nothing could hinder the Papists from getting into a condition to extirpate it but make them a formed and united Body with themselves against the Prince and Princess of Orange who have with so much Wisdom Courage and Integrity declared that they are against the having them repealed And as the Dissenters cannot have so far renounced all regard both to honesty and to a good name as to be fond of being herded with the Papists or thank our Author for it so they must be become void of all sense and understanding if they suffer themselves to be either wheedled or frighted into an opinion of their being subject to receive any dammage by the Tests it being so expresly contrary both to the Terms of those Laws and to their own experience Nor can they be so far abandoned of God nor prove so treacherous to the Nation Posterity and the whole Protestant Interest thro' Europe as to cooperate to the Repeal of them by destroying that great Fence about the Reformed Religion in England and to put the Papists into capacity both of subverting it there and every where else And setting aside a few mercenary fellows among them there is no ground to fear after we have had so many proofs of their zeal for the Protestant Religion and English Liberties in the worst of times and under the greatest Temptations that they should at this season when all others behave themselves with so much Integrity and Courage be accessory to so villanous a thing The ill success which the Court hath met with in the several Towns and City's since the late Regulation of the Corporations sufficiently shews that the Dissenters who were put into Magistracy in hopes by them to have compassed the packing of a Parliament are no less careful of preserving the Test Laws than they of the Church of England Communion were who were displaced to make way for them And to discover the grossness of the abuse which our Author without regard to Truth or Ingenuity endeavours to put upon them as if they were judged by their Highnesses to be incapable of Trusts and Employments or any ways concluded to stand under those restraints by the Test which the Roman Catholicks do there is not one word in Mijn Heer Fagel's Letter whereby they are said to be subject unto them or by which there is any ground administred of fancying they are put into the same rank with the Papists and whereby to fear that they may hereafter come to be treated accordingly But in stead of this they are expresly told that Their Highnesses do both allow and desire the abrogation of all the Penal Laws against Dissenters and the having them freed from the severity of them and that they do not only consent but heartily approve of their having an entire liberty granted them for the full exercise of their Religion without any trouble or hindrance or being left exposed to the least molestation or inconvenience upon that account And to testifie how far the Nonconformists are from being in the least menaced by those Laws it is again Declared that the only reason why their Highnesses refuse to consent to the having them repealed is because that they have no other tendency save to Secure the Reformed Religion from the Designs of the Papists by containing provisions in the vertue of which those only may be kept out of Office who can not testifie that they are of the Reformed and not of the Roman Catholick Religion Which as it is the highest evidence imaginable of their own stedfastness and integrity in the Reformed Religion and of the compassion and love which they equally bear to all who profess it and how careful they will at all times be to have it maintained and supported so it is the putting such a merit upon all Protestants that it should engage their prayers for their happy extation to the Throne and make them ambitious as well as willing and ready to hazard their lives and Fortunes for the securing the Succession unto them if any should be so wicked as to go about to preclude them But I must pay a further attendance upon our Author and accompany him to the fifth particular which I promised to consider namely that according to his own foolish and incoherent way of writing while he pretends to commend and justify the proceeding of His Majesty of Great Brittain he publisheth the villany of the Papal Church and proclaims the dishonour and injustice of diverse Eminent Monarchs and Princes of the Romish Communion His Panegyricks upon the King of England are so many just Satyr's upon the Church of Rome the Monarch of France and the Duke of Savoy c. For if it be becoming a Christian to be of a contrary judgment to those who are for persecuting such as differ from the publick and established Religion and if it be a sentiment worthy of a Royal mind that none ought to be oppressed for their Consciences in Divine Matters what characters of irreligion ignominy wickedness are due unto them who judge it to be meritorious to destroy sincere Christians for no other pretended Crime save that they cannot believe as the Pope and the Church of Rome do Surely our Author must either be extreamly ignorant of the Doctrine of his own Church and of the bloody and barbarous practices pursuant thereunto both at this day and for many ages past or else he must be the most unsincere miscreant that ever writ or at best be guilty of the inconsistency and folly as to continue in the Communion of a Church whose Articles of Faith he condemns as Antichristian and whose practices according to the Terms made necessary for Salvation he abhorreth both as unworthy of Royal Minds and contrary to Christian Piety But tho nothing can render a false man honest or a foolish Man wise yet seeing something may be done towards the curing a person's ignorance if he be teachable or at least to shew his obstinacy and that the fault is in his will not in his Understanding if he will not learn and be convinced I shall therefore both acquaint him a little with the Doctrine of that Church and briefly put him in remembrance how these of the Romish Fellowship have therefore persecuted Christians and still continue so to do only for differing
Penal Laws against Papists yet to do it in their present Circumstances and at such a conjuncture as this were the highest act of folly in the world and a betraying both their own safety and that of their Religion Had the Roman Catholicks forbore to assume a liberty till it had been legally given them they had been the more capable objects of such a Grace but to bestow it upon them after they have in contempt and defiance of all our Laws taken it 't were to justify their usurpation and approve their crime Could they have been contented with the private practice of their Worship and the non-exaction of the penalties to which our Statutes make them liable without leaping into all Offices of Trust and Command and invading our Seats of Judicature our Churches and our Universities their modesty might have wrought much upon the generosity and candor of all sort of Protestants but their audacious wresting all power into their hands and their laying aside all those that have either any zeal for our Civil Rights or for the Protestant Religion is enough to kindle our further indignation in stead of influencing us to thoughts of moderation and lenity And should we once begin to cancel our Laws according to the measure and proportion that they break them and usurp upon them no man can tell where that will terminate and they will be sure to turn it into an encouragement to further attempts For having in compliance with their Impudence and to absolve them from the guilt of their Crimes and Treasons abrogated the Laws against Popery they will not fail in a little while to betake themselves to the same Methods for obtaining the abolition of all the Laws for Protestancy 'T is but for the King to declare that he will have all his Subjects to be of his own Religion and then by the Logick of the late Cant which he used in his Speech to the Council at Windsor That they who are not for him are against him we must immediately either turn Papists or be put into the same List with them and be thought worthy of the same Royal Displeasure which they are become obnoxious unto who cannot find it to be their duty and interest to destroy the Tests And Mr. Pen's Argument of being afraid of His Majesties and the Papists power and yet to provoke it Good Advice p. 43. will hold in the one case as well as in the other Nor do I see but that the Court may improve another Topick of his against us Ibid. p. 44. viz. That we were ill Courtiers by setting him up first to give him Roast-meat and then to beat him with the Spit by refusing to be of his Religion To which I may add that the brutal severities exercised towards Protestants in France and Piedmont are but ill inducements to prevail upon a Reformed Nation to give Liberty to Papists 'T is an Axiom founded in the light of Nature as well as an Oracle of Revelation That with what measure any do mete unto others it shall be measured to them again and that whatsoever any would that we should do to them they should do so to us Would the Papists once perswade Catholick Rulers to give Indulgence to those of our Religion it would be an argument that they acted sincerely in their pleading against Penal Laws for matters of Religion and would mightily prevail upon all of the Reformed Communion to Repeal such Statutes as are Enacted against them But while they continue and increase their Persecution against us in all places where they have power I do not see how they can reasonably expect that we should believe them either to be just or honest or to deserve any measure of lenity Reprizals are the onely methods whereby to bring them to peaceable and equal Terms Had Protestant Princes and States given Papal Soveraigns to understand that they would act upon the same square that they do and retaliate upon those of the Romish Faith whatsoever should be inflicted because of Religion upon those of ours I have ground to think that the Clergy in France and Savoy would have had more discretion than to have been Instrumental in stirring up the late Persecutions and of instigating Rulers to such unparallelled Barbarities 'T is not many years since a Prince in Germany begun to treat Protestants with an unjust severity and to Banish them his Countrey contrary to his word and the Stipulation he had made with them but upon the Duke of Brandenburg's both threatning and beginning to do so by the Roman Catholicks in his Dutchy of Cleve the other Prince immediately forbare his rigour and the Protestants had fair Quarter allowed them And therefore if Mr. Pen and his Catholick Friends in stead of reproaching the Church of England of justifying by her principle the King of France and the Inquisition would prevail for abolishing the one and for putting an end to Persecution by the other they would thereby do more for inclining the Nations to Tolerate Papists than either by all their invidious Satyrs against the conformable Clergy or by their Panegyricks upon a Popish Monarch and the Romish Church In the mean time 't is most unreasonable for them to demand or expect and unwise as well as unseasonable for British Protestants to consent to the Abrogation of the Tests and the Repealing of the Penal Laws against Papists Moreover though 't is possible that we might defend our selves against the dangers that might ensue upon it had we a Prince of our own Religion on the Throne yet it would be to surrender our selves unto their power and to expose our selves to their Discretion should we venture to do it while a Papist of His Majesties humour hath the weilding of the Scepter One of the main Arguments by which Mr. Pen would perswade us against all apprehension of danger from the Papists in case the Test and Penal Laws were abolished is the inconsiderableness of their number in comparison of Protestants Good Advice p. 49. And yet if there be so many ill Men in the Nation as he intimates Letter 3d. p. 12. who being of no Religion are ready upon the motives of worldly Interest to take upon them the profession of any were it not for fear of being at one time or another called to an account I do not see but that as the Papists through having the King on their side are already possessed of what he stiles the Artificial Strength of the Kingdom why they may not in a short while were those Laws once destroyed by which the Atheistical and profane sort of Men are kept in awe come to obtain too much of the natural strength of it and raise their number to a nearer equality to that of Protestants And though they should never multiply to any near proportion yet we may easily imagine what a few hands may be able to do when Authorized by a Popish Soveraign and seconded by a well-disciplin'd Army commanded by Roman Catholicks
there being sincere Christians and true Englishmen among those of all Judgments and Societies of Protestants and among none more than those of the Communion of the Church of England It were the height of Wickedness as well as the most prodigious Folly to imagine that the Conformists have abandoned all Fidelity to God and cast off all care of themselves and their Country upon a mistaken Judgment of being Loyal and Obedient to the King The contrary is plain enough they knew as well as any that the giving to Caesar the Things that are Caesar's lay them under no Obligation of surrendring unto him the Things that are God's nor of sacrificing unto the Will of the Sovereign the Priviledges reserved unto the People by the Fundamental Rules of the Constitution and by the Statutes of the Realm And they understand as well as others that the Laws of the Land are the only measures of the Prince's Authority and of the Subjects Fealty and where they give him no Right to Command they lay them under no tye to Obey And though here and there a Dissenter has written against Popery with good Success yet they have been mostly Conformable Divines who have triumphed over it in elaborate Discourses and who have beaten the Romish Scriblers off the Stage Nor can it be thought that they who have so accurately related and vindicated the History and asserted and defended the Doctrine of the Reformation should either tamely relinquish or be wanting in all due and legal Ways to uphold and maintain it And though some few of the Nonconformists have with sufficient strength and applause used their Pens against Arbitrariness in detecting the Designs of the Royal Brothers yet they who have generally and with greatest Honour appeared for our Laws and Legal Government against the Invasions and Usurpations of the Court have been Theologues and Gentlemen of the Church of England Nor in case of further Attempts for altering the Constitution and enslaving the Nation will they shew themselves unworthy the having descended from Ancestors whose Motto in the high Places of the Field was nolumus Leges Angliae mutari They who have so often justified the Arms of the Vnited Netherlands against their Rightful Princes the Kings of Spain and so unanswerably vindicated their casting off Obedience to those Monarchs when they had invaded their Priviledges and attempted to establish the Inquisition over them cannot be ignorant what their own Right and Duty is in behalf of the Protestant Religion and English Liberties for the Security whereof we have not only so many Laws but the Coronation Oaths and Stipulations of our Kings And those Gentlemen of the Church of England who appeared so vigorously in three Parliaments for excluding the Duke of York from the Succession to the Crown by reason of a Jealousy of what through being a Papist he would attempt against our Religion and Priviledges in case he were suffered to ascend the Throne cannot be now to seek what becomes them towards him having seen and felt what before they only apprehended and feared For if the Law that entaileth the Succession upon the next of Kin and obligeth the Subjects to admit and receive him not only may but ought to be dispensed with in case the Heir thro' having imbib'd Principles which threaten the Safety and are inconsistent with the Happiness of the People hath made himself incapable to inherit we know by a short Ratiocination how far we stand bound to a Prince on the Throne who by Transgressing against the Laws of the Constitution hath abdicated himself from the Government and stands virtually Deposed For whosoever shall offer to Rule Arbitrarily does immediately cease to be King de jure seeing by the Fundamental Common and Statute Laws of the Realm we know none for Supream Magistrate and Governor but a limited Prince and one who stands circumscribed and bounded in his Power and Prerogative And should the Dissenters entertain a belief that the Conformists are less concerned and zealous than themselves for the Protestant Religion and Laws of the Kingdom they would not only Sin and offend against the Rules of Charity but against the Measures of Justice and daily Evidences from Matters of Fact For neither they nor we owe our Conversion to God and our practical Holiness to the Opinions about Discipline Forms of Worship and Ceremonies wherein we differ but the Doctrines of Faith and Christian Obedience wherein we agree 'T is not their being for a Liturgy a Surpliss or a Bishop that hath heretofore influenced them to subserve the Court in Designs tending to Absoluteness but they were seduced unto it upon Motives whereof they are now ashamed and the ridiculousness and folly of which they have at last discever'd Nor is the multitude of profligate and scandalous persons with which the Church of England is crowded any just impeachment of the Purity of her Doctrine in the Vitals and Essentials of Religion or of the Vertue and Piety of many of her Members For as it is her being the only Society established by Law that attracts those Vermin to her Bosom so it is her being restrained by Law from debarring them that keeps them there to her reproach and to the grief of many of her Ecclesiasticks Neither is it the fault of the Church of England that the Agents and Factors for Popery and Arbitrary Power have chosen to pass under the name of her Sons but it proceeds partly from their Malice as hoping by that means to disgrace her with all true English-men as well as with Dissenters and partly from their Craft in order thereby the better to conceal their Design and to shrowd themselves from the Censure and Punishment which had it not been for that Mask they would have been exposed unto and have undergone And I dare affirm that besides the Obligations from Religion which the Conformists are equally under with Dissenters for hindring the introduction of Popery there are several Inducements from interest which sway them to prevent its establishment wherein the Dissenters are but little concerned For though Popery would be alike afflictive to the Consciences of Protestants of all Persuasions yet they are Gentlemen and Ministers of the Church of England whole Livings Revenues and Estates have been threatned in case it had come to be established Nor would the most Loyal and obsequious Levites provided they resolve to continue Protestants be willing that their Personages and Incumbencies to which they have have no less Right by Law than the King hath to the Excise and Customs should be taken from them and bestowed upon Romish Priests by an Act of Despotical Power and of unlimited Prerogative And for the Gentlemen as I think few of them would hold themselves obliged to part with their purses to High-way-Padders though such should have a pattent from the King to rob whomsoever they met upon the Road so there will not be many inclined to suffer their Mannours and Abbey-Lands to which they have so
Means for preserving themselves 't is become a necessary Duty and an indispensible Service to Mankind to deal plainly and above-board that so by describing Kings as they are and setting them in a true and just Light we may prevent the Peoples being further imposed upon or if through suffering themselves to be still deceived they come to fall under Miseries and Persecutions they may lay all their Distresses and Desolations at the Door of their own Folly in not having taken care how to avoid what they were not only threatned with but whereof they were warned and advertised History of the Times For as I am not of Sir Roger l'Estrange's mind That if we cannot avoid being distrustful of our Safety yet it is extremely Vain foolish and extravagant to talk of it so I am very sensible how many of the French Ministers by painting forth their King more like a God than a Man and by possessing their People with a belief of Wisdom Justice Grace and Mercy in Him of which they knew him destitute they both emboldned Him to attempt what he hath perpetrated and laid them under Snares which they knew not how to disentangle themselves from in order to escape it Nor would the King of England have acted with that neglect of the future Safety of the Papists nor have exposed them to the Resentment and hereafter Revenge of three Nations by the Arbitrary and Illegal Steps he hath made in their Favor if he intended any thing less than the putting Protestants for ever out of Capacity and Condition of calling them to a Reckoning and exacting an Account of them which neither He nor they about him can have the weakness to think they have sufficiently provided against without compelling us by an Order of à la mode France Missionaries to turn Catholicks or by adjudging us to Mines and Galleys according to the Versailles President for our Heretical Stubbornness or which is the more expeditious way of Converting three Kingdoms to cause Murther the Protestant Inhabitants according to the Pattern which his Loyal Irish Catholicks endeavored to have set anno 1641. for the Conversion of that Nation Had his Majesty been contented with the bare avowing and publishing himself to be of the Communion of the Church of Rome and of challenging a Liberty though against Law for the Exercise of his Religion it might have awakened our Pity and Compassion to see him embrace a Religion where there are so many Impediments of Salvation and in doing whereof he was become obnoxious unto the Imprecation of his Grandfather who wished the Curse of God to fall upon such of his Posterity as should at any time turn Papists but it would have raised no intemperate Heats in the Minds of any against him much less have alienated them from the Subjection and Obedience which are due unto their Sovereign by the Laws of the several Kingdoms and the Fundamental Rules of the respective Constitutions Or could He have been contented with waving the rigorous Execution of the Laws against Papists of whatsoever Quality Rank or Order they were and with the bestowing personal and private Favors upon those of his Religion it would have been so far from begetting Rancor or Discontent in his Protestant Subjects that they would not only have connived at and approved such a Procedure and those little Benignities and Kindnesses but had the Papists quietly acquiesced in them and modestly improved them it might have been a means of reconciling the Nation to more Lenity towards them for the future and might have influenced our Legislators when God shall vouchsafe us a Protestant on the Throne to moderate the Severities to which by the Laws in being they are obnoxious and to render their Condition as easie and safe as that of other Subjects and only to take care for precluding them such Places of Power and Trust as should prevent their being able to hurt us but could bring no damage or inconvenience upon themselves But the King instead of terminating here and allowing only such Graces and Immunities to the Papists as would have been enough for the placing them in the private Exercise of their Religion with Security to them and without any threatning Danger to us He hath not only suspended all the penal Laws against Roman Catholicks but He hath by an usurped Prerogative that is paramount to the Rules of the Constitution and to all Acts of Parliament dispensed with and disabled the Laws that enjoin the Oath of Allegiance and Supremacy and which appoint and prescribe the Tests that were the Fences which the Wisdom of the Nation had erected for preserving the Legislative Authority securing the Government and keeping Places of Power Magistracy and Office in the hands of Protestants and thereby of continuing the Protestant Religion and English Liberties to our selves and the Generations that shall come after us And as if this were not sufficient to awaken us to a Consideration of the danger we are in of having our Religion supplanted and overthrown He hath not only advanced the most violent Papists unto all Places of Military Command by Sea and Land but hath establish'd many of them in the chief Trusts and Offices of Magistracy and Civil Judicature so that there are scarce any continued in Power and Employment save they who have either promised to turn Roman Catholicks or who have engaged to concur and assist to the Subverting our Liberties and Religion under the Mask and Disguise of Protestants 'T is already evident that it is beyond the help and relief of all Peaceable and Civil means to preserve and uphold the Protestant Religion in Ireland and that nothing but Force and an intestine War can retrieve it unto and re-establish it there in any degree of Safety Nor is it less apparent from the Arbitrary and Tyrannous Oath ordained to be required of His Majesties Protestant Subjects in Scotland whereby they are to swear Obedience to Him without Reserve that our Religion is held only precariously in that Kingdom and that whensoever He shall please to command the Establishment of Popery and to enjoin the People to enter into the Communion of the Church of Rome he expects to have his Will immediately conformed unto and not to be disputed or controlled But lest what we are to expect from the King as to the Extirpation of the Reformed Religion and the inflicting the utmost Severities upon his Protestant Subjects that Papal Rage armed with Power can inable him unto may not so fully appear from what hath been already intimated as either to awaken the Dissenters out of the Lethargy into which the late Declaration hath cast them or to quicken those of the Church of England to that zealous care vigilancy and use of all Lawful means for preserving themselves and the Protestant Religion that the impendent Danger wherewith they are threatned requires at their hands I shall give that farther Confirmation of it from Topicks and Motives of Credibility Moral Political
I shall not take upon me to determine and will only say that as I heartily wish he had not in those Letters afforded them any probable Pretence for proceeding against him so there are Excesses of Loyalty in them to attone for the utmost Indiscretions his words are capable of being wrested unto nor can any thing but Papal Malice and Romish Chicanerie construe and pervert them so far contrary to his Intentions as to make Crimes and much less to make Treasons of them Now as nothing can be of more portentous Omen to British and Irish Protestants than to have a Popish Bigot exalted to Rule over them so through a Concurrence of ill Nature and a deficiency in Intellectuals met in him with this furious Zeal and Bigottry they are the more to expect whatsoever his Power inables him to inflict that is Severe and Dreadful 'T is possible that a Ruler may be possessed with a Fondness and Valuation of Popery as the only Religion wherein Salvation is to be obtained and therefore in his private Judgment and Opinion sentence all to eternal Flames who cannot herd with him in the same Society and yet he may through a great measure of Humanity and from an extraordinary Proportion of Compassion and Meekness woven into his Nature hate the imbrueing his Hands in their Blood or treating those with any Harshness whose supposed Misbelief is their only Crime and that finding them in all other Respects Vertuous Peaceable and Industrious He may leave them to the decretive Sentence of the Sovereign and infallible Judge without disturbing or meddling with them himself Nor is it impossible but that there may be a Prince so far Bigotted in Popery as to have Inclination and Propensity to force all under his Authority to be of his Religion or else to destroy and extirpate them yet through being of that largeness of Understanding and Political Wisdom as to be able to penetrate into the Hazards of attempting it and to foresee the Consequences that may ensue upon it in reference to the Peace and Safety of his Government as well as the Wealth and Power of his Dominions he may come to check and stifle his furious Inclinations and chuse rather to leave his Subjects at quiet than to impoverish weaken and dis-people his Country either by destroying them or by driving them to abandon his Territories in order to find a Shelter and Sanctuary in other places But where as in the King of England a small Measure of Understanding accompanied with a large share of a Morose Fierce and Ill Nature and these attended with Insolency and Pride as they usually are in weak and froward People come to have a Bigottry in such a Religion as Popery superadded to them whose Doctrines and Principles instigate and oblige to Cruelty towards all of other Perswasions there Protestants do find nothing that may incourage to hope for Security and Protection under a Prince of that Temper and Complexion but all that does affect and impress their Minds bids them prepare for Persecution and to look for the utmost Rigors and Severities that Pride Malice brutal Zeal back'd and supported with Force and Power can execute and inflict And how much such a Prince's Religion proves too weak to restrain him from Uncleannesses and other Immoralities by so much the more is he to be dreaded in that he thinks to compound for and expiate Crimes of that Nature by his Cruelty to Hereticks and his offering them up in Sacrifices of Attonement to the Tripple Crown Nor are the Priests either displeased with or careful to disswade Princes from Offences of that kind though they know them to be great Provocations to God and of mischievous Example to Subjects seeing they are Masters of the Art of improving them to the Service of Holy Church and the Advantage of the Catholick Faith For instead of imposing upon those Royal Transgressors the little and Slavish Penances of Pilgrimages Whippings and going Bare-foot they require them to make Satisfactions for those and the like Crimes by the pious and meritorious Acts of Murthering Protestants and of extirpating the Northern Heresie And as one of the French Whores of State is reported to have been a Person that hath principally instigated to all the Cruelties against the Reformed in France so no doubt but as she did it under the Influence and Conduct of her Confessors to compensate for her Adulteries so she advised and perswaded Louis to it upon Motives of the same nature Nor do they who have the guidance of Consciences at White-hall want matter of the same kind to improve and work upon and as there are of the licentious Females that will be glad of attoning for their filthy Pollutions by Acts so agreeable to the Articles of their Religion so there are some who as they have Influence enough upon the King to Counsel Him to the like Methods so they will find Him sufficiently disposed to compound for his Loathsom and Promiscuous Scatterings at a rate so suitable to his Temper as well as to the Doctrines of the Papal Faith If any be deluded into a good Opinion of His Majesty and brought to flatter themselves with Expectations of their being protected in the Profession of the Protestant Religion they may be easily undeceived and prevailed upon to change their Sentiments if they will but consider his Behaviour towards Protestants in the Post wherein he formerly stood and what his carriage was to them while he was fixed in a meaner and more subordinate Station than now he is Though there have been many whose Behaviour in their private Condition would have rendred them thought worthy to Rule if their Actions after their Advancement to governing Power had not confuted the Opinion entertained concerning them yet here have been very few that have approved themselves Just and Merciful after their attaining to Sovereignty whose Carriage in an inferior Station had been to the Damage and general Hurt of Mankind as far as their narrow Power and Interest would extend It ought therefore to lay us under a Conviction what we are to expect from His Majesty on the Throne when we find the whole Thread and Series of his Conduct while a Subject to have been a continued Design against our Religion and an uninterrupted Plot for the Subversion of our Laws and Liberties 'T is sufficiently known how active he always was to keep up and inflame the Differences among Protestants and how he was both a great Promoter of all the severe Laws made against Dissenters and a continual Instigator to the rigorous Execution of them So that his affirming it to have been ever his Judgment that none ought to be oppressed and persecuted for Matters of Religion nor to be hindered in Worshipping God according to their several Perswasions serves only to inform us either with what little Honesty Honor and Conscience He acted in concurring to the making of the foresaid Laws or what small Faith and Credit is now to be
Protestant and a Free man and therefore the Case being thus I shall think my self false to my Country if I sit still at this time I am of Opinion that when the Nation is Deliver'd it must be by Force or by Miracle It would be too great a presumption to expect the latter and therefore our Deliverance must be by Force and I hope this is the Time for it a Price is now put into our Hands and if it miscarry for want of Assistance our Blood is upon our own Heads and he that is passive at this Time may very well expect that God will mock when the Fear of Affliction comes upon him which he thought to avoid by being indifferent If the King prevails farewel Liberty of Conscience which has hitherto been allowed not for the sake of the Protestants but in order to settle Popery You may see what to expect if he get the better and he hath lately given you of this Town a taste of the Method whereby he will maintain his Army And you may see of what sort of People he intends his Army to consist and if you have not a mind to serve such Masters then stand not by and see your Country-men perish when they are endeavouring to defend you I promise this on my Word and Honour to every Tenant that goes along with me That if he fall I will make his Lease 〈◊〉 good to his Family as it was when he went from home The thing then which â—â—se â—esire and your Country does expect from you is this That every Man that hath a toâ—rable Horse or can procure one will meet me on Boden-Downs to morrow where I Rendezvouz But if any of you is rendred unable by reason of Age or any other just Excuse then that he would mount a fitter person and put five Pounds in his Pocket Those that have not nor cannot procure Horse let them stay at home and assist with their Purses and send it to me with a particular of every Mans Contribution I impose on no Man but let him lay his Hand on his Heart and consider what he is willing to give to recover his Religion and Liberty and to such I promise and to all that go along with 〈…〉 if we prevail I will be as industrious to have him recompensed for his Charge and â—â—azard as I will be to seek it for my self This Advice I give to all that stay behind That when you hear the Papists have committed any Out-rage or any Rising that you will get together for it is better to meet your danger than expect it I have no more to say but that I am willing to lose my Life in the Cause if God see it good for I was never unwilling to die for my Religion and Country An Engagement of the Noblemen Knights and Gentlemen at Exeter to Assist the Prince of Orange in the Defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland WE do engage to Almighty God and to his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free-Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas we are engaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other bloody Men we do therefore solemnly engage to God and to one another That if any such Attempts be made upon him we will pursue not only those that made them but all their Adherents and all we find in Arms against us with the utmost Severity of just Revenge in their Ruin and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage us to carry it on with all the Vigour that so Barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the Defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incapable by the Establish'd Laws of our Land 3. By destroying the Charters of most Corporations in the Land 4. By discouraging all Persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would â—â—ntrary to their Consciences declare that to be Law which was meerly arbitrary 〈…〉 By branding all Men with the name of Rebels that but offered to justifie the Law 〈…〉 a legal course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbidding the Subjects the benefit of Petitioning and constâ—â—ing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary 〈…〉 And many more such-like too long here to enumerate We being thus made sadly sensible oâ— he Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a Condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion And herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their Tyrannical Insolences and Usurpations
3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellor Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrary to Law 6. By giving Gifts and Grants for exacting of Mony without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to the Liberties and express Charters without the pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament many of the said Magistrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these Illegal Magistrates and Council upon them 13. By sending Letters to the chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrary to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance by Arbitrary Courses turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrary to Law All which are utterly and directly contrary to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King James the Seventh being a profest papist did assume the Regal Power and acted as a King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrary and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colleges for Jesuits the inverting Protestant Chapels and Churches to publick Mass-houses and the allowing Mass to be said are contrary to Law That the allowing Popish Books to be printed and dispersed is contrary to Law That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colleges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law That the Imposing Oaths without Authority of Parliament is contrary to Law That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrary to Law That the employing Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Lieges to death summarily and without legal Tryal Jury or Record are contrary to Law That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrary to Law That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Tryal are contrary to Law That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon lame and defective Probation as particularly the late Earl of Argyle are contrary to Law That the nominating and imposing Magistrates Councils and Clerks upon Burghs contrary to the Liberties and express Charters is contrary to Law That the sending Letters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrary to Law That the granting Personal Protections for Civil Debts is contrary to Law That the forcing the Lieges to depone against themselves in Capital Crimes however the Punishment be restricted is contrary to Law
such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late years run in a course of Lineal Succession by right of Inheritance But upon the death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in Lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for Electing of Kings Now such Assemblies could not be Summon'd by any King and yet in conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his Elder Brother being then in the Holy Land Henry the younger Son of King William the First procured an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head Which being done a Confirmation of the English Liberties passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl John the Kings Brother to treat of the great and weighty affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palaestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl John And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without Him Sixthly When King Henry the 3d. died his Eldest Son Prince Edward was then in the Holy Land and came not home till within the third year of his Reign yet immediately upon the Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 Burgesses for every Borough Assembled together in a great Council and setled the Government till the King should return Made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so Essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution Assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne Vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all Publick business whatsoever without a new Election they having as great Authority as the People of England can deligate to their Representatives II. The Acts of Parliaments not Formal nor Legal in all their Circumstances are yet binding to the Nation so long as they continue in Force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Patliament and those Persons were by the Kings Writts to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this day Fourthly Queen Mary's Parliament that restored the Popes Supremacy was notoriously known to be pack'd inso much that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this day The reason of all this is Because no inferiour Courts have Authority to judge of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a colour of Parliamentary Authority The Acts of such Assemblies being Entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings Writ and yet they made Acts and the Royal assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his General Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ so that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is settled by Law XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determin us in this matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with relation to the executive Part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the Two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the Two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority as for instance if he levies Money of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no right so that there lies no obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressours the Principle of Self-preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a free Nation that has its Liberties and Properties reserved to it by many positive and express Laws if then we have a right to our Property we must likewise be supposed to have a right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those ends are to be considerd as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any pretence whatsoever to take Arms against the King or any commissioned by him And these Laws have been put in the form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxim of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and the Crown have favoured us yet as soon as the Court turns against us we change our Principles XIV Here is a true Difficulty of this whole Matter and therefore it ought to be exactly considered 1. All general Words how large soever are still supposed to have a tacit exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these Words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such Occasions But when they fall out they carry still their own force with them 2. When there seem to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most evident and the most important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy this 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only
into such Particulars as time and occasion required So that the Oaths of Supremacy and Allegiance not having altered the terms of Allegiance due from the People of England to their Princes if their Princes by antient Laws of the Realm and by the Practice of our Forefathers were liable to be deposed by the great Councils of the Nation for Male-administration Oppressions and other Exorbitances for not keeping their Coronation-Oaths for Insufficiency to govern c. then they continue still liable to be deposed in like manner the said Oaths or any Obligation contracted thereby notwithstanding For the Practice of former times I shall begin with a very antient Precedent in the Kingdom of the West-Saxons viz. Cudred King of West-Saxony being dead Sigebert his Kinsman succeeded him in that Kingdom and held it but a small time for being puft up with Pride by the Successes of King Cudred his Predecessor he grew insolent and became intolerable to his People And when he evil entreated them all manner of ways and either wrested the Laws for his own Ends or eluded them for his own Advantage Cumbra one of his chief Officers at the request of the whole People intimated their Complaints to the Savage King And because he persuaded the King to govern his People more mildly and that laying aside his Barbarity he would endeavour to appear acceptable to God and Man the King immediately commanded him to be put to Death and increasing his Tyranny became more cruel and intolerable than before whereupon in the beginning of the second Year of his Reign because he was arriv'd to an incorrigible pitch of Pride and Wickedness the NOBLES and the PEOPLE OF THE WHOLE KINGDOM assembled together and upon MATURE DELIBERATION did by UNANIMOUS CONSENT OF THEM ALL drive him out of the Kingdom In whose stead they chose Kenwolph an excellent Youth and of the Royal Blood to be King over the People and Kingdom of the West-Saxons Collect. p. 769 770. ibid. p. 795 796. Cudredo Rege West-Saxiae defuncto Sigebertus Cognatus ejus sibi in eodem Regno successit brevi tamen tempore Regnum tenens nam ex Cudredi Regis Precessoris sui eventibus tumefactus insolens intolerabilis suis fuit cum autem eos modis omnibus male tractaret legesque vel ad commodum suum depravaret vel pro commodo suo devitaret Cumbra Consul ejus Nobilissimus prece totius populi Regi fero eorum querimonias intimavit Et quia ipse Regi suaserat ut leniùs Populum suum regeret inhumanitate depositâ Deo hominibus amabilis appareret Rex eum impiâ nece mox interfici jubens populo saevior intolerabilior quà m priùs suam tyrannidem augmentavit unde in principio secundi Anni Regni sui cum incorrigibilis superbiae nequitiae esset Congregati sunt PROCERES POPVLVS totius REGNI eum PROVIDA DELIBERATIONE à Regno VNANIMI CONSENSV OMNIVM expellebant Cujus loco Kenwolfum juvenem egregium de Regiâ stirpe oriundum in Regem super Populum Regnum Wex-Saxiae elegerunt Collect. 769 770. ibidem p. 795 796. This Deposition of King Sigebert appears to have been done in a formal and orderly Manner viz. in a Convention of the Proceres and the Populus totius Regni and it was done providâ deliberatione unanimi Omnium Consensu and consequently was not an Act of Heat Rebellion or Tumultuary Insurrection of the People But was what the whole Nation apprehended to be Legal Just and according to the Constitution of their Government and no breach of their Oaths of Allegiance Nor have we any reason to wonder that the English Nation should free themselves in such a manner from Oppression if we consider that by an antient Positive Law Enacted in K. Edward the Conf. time and confirmed by William the Conqueror the Kings of England are liable to be deposed if they turn Tyrants The King because he is the Vicar of the Supream King is constituted to this end and purpose that he may govern his earthly Kingdom and the People of the Lord and especially to govern and reverence God's holy Church and defend it from Injuries and root out destroy and wholly to extirpate all Wrong-doers Which if he do not perform HE SHALL NOT RETAIN SO MUCH AS THE NAME OF A KING And a little after The King must act all things according to Law and by the Judgment of the Proceres Regni For Right and Justice ought to reign in the Realm rather than a perverse Will It is the Law that makes Right but Wilfulness Violence and Force is not Right The King ought above all things to fear and love God and to keep his Commandments throughout his Kingdom He ought also to preserve to cherish maintain govern and defend against its Adversaries the Church within his Kingdom entirely and in all freedom according to the Constitutions of the Fathers and of his Predecessors that God may be honoured above all things and always be had before Men's Eyes He ought also to set up good Laws and approv'd Customs and to abolish evil ones and put them away in his Kingdom He ought to do right Judgment in his Kingdom and maintain Justice by advice of the Proceres Regni sui All these things the King in proper Person looking upon and touching the Holy Gospels and upon the Holy and Sacred Relicks must swear in the Presence of his People and Clergy to do before he be crown'd by the Archbishops and Bishops of the Kingdom Lamb. of the Antient Laws of England pag. 142. Rex autem quia Vicarius summi Regis est ad hoc est constitutus ut Regnum terrenum Populum Domini super omnia sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat maleficos ab eâ evellat destruat penitus disper Quod nisi fecerit nec nomen Regis in eo constabit Et paulò post Debet Rex omnia ritè facere in Regno per Judicium Procerum Regni Debet enim Jus Justitia magis regnare in Regno quà m voluntas prava Lex est semper quod Jus facit voluntas autem Violentia Vis non est Jus. Debet verò Rex Deum timere super omnia diligere mandata ejus per totum Regum suum servare Debet etiam sanctam Ecclesiam Regni sui cum omni integritate libertate juxta Constitutiones Patrum Praedecessorum servare fovere manutenere regere contrainimicos defendere it a ut Deus prae coeteris honoretur prae oculis semper habeatur Debet etiam bonas Leges Consuetudines approbat as erigere pravas autem delere omnes à Regno deponere Debet Judicium rectum in Regno suo facere Justitiam per Consilâ—um Procerum Regni sui tenere Ista verò debet omnia Rex in propriâ personâ inspectis tactis sacrosanctis Evangeli is