taught no Popery in Pulpits unless among the Lawless Conventicles whose Teachers if the Law be put in Execution against their Disciples will have but few Hearers and if all this be not enough his Majesty was Graciously pleased to assure us that he would make any new Law to secure us from Popery Yea even to the restraining of a Popish Successor so that the Succession of the Crown were not put out of its Lineal Course of Descent and I dare say the great Gown-man whoever he was whose Opinion as some say so far sway'd the Commons that they thought no Law could sufficiently secure us against a supposed Popish Successor but Exclusion from the Succession could not really be of that mind for a King can do no great harm he is but one man and if he should in his own Person attempt to offer any unjust violence to any man it is an easie matter to fly from him and that without imputation of Cowardise it being upon no account justifiable to resist the Kings Person with force but if any man Officer or other should by the Kings Command kill wound or beat any man that doth not obstinately refuse to answer his charge by course of Law before he is Convicted of the Fact by Verdict of his Peers or Equals or by his own Confession and before he is sentenc'd by a Judg for that purpose lawfully Authorised he that should so do is punishable notwithstanding such Command and moreover though the King by his Prerogative Royal may lawfully cause any man to be Imprisoned in order to come to Tryal yet if in the Commitment it appear not to be for Treason or Felony specially nam'd he must be bayl'd by the Judg and though Imprison'd for any of those offences yet he is to continue in Prison but until he may be Try'd by due Course of Law but unto the Kings Legal Commands in a Judicial way the whole Strength and Power of the Nation is bound to assist in compelling Obedience thereunto be his Commands signified by Himself or by his Magistrates and Judges in his Name who are sworn to do therein as the Law requires and not otherwise so that the King hath all Power to do lawful things lawfully yet to do any thing illegally he hath so little Power that it is truly said the King can do no wrong and besides all this every King at his Coronation takes an Oath to confirm the Laws to his People to maintain the Gospel established in the Kingdom to keep Peace execute Justice and grant the Commons their rightful Customs be his own Religion what it will So that here 's all the Bars and Bolts imaginable to keep out Popery from being imposed on the People of England whatever the Kings Religion be which those do not well consider that compare these days with those of Queen Mary which were long before any of these Laws before-mentioned were made and when Reformation was but scarce begun by her Father towards the later end of his Reign and countenanced but not much improv'd by her Brother who died an Infant King and when that Queen came to the Crown it cannot be supposed that the tenth part of the Nation were Converts from Popery as appears by what then hapned for she soon got a Popish Parliament who as soon submitted themselves to the Pope and asked Pardon for their offences against him and declared themselves ready to abrogate all Laws prejudicial to the See of Rome but the Case is alter'd now Here 's no Popish Members can be elected the whole Nation being almost Protestants and consequently will elect no Papist nor one suspected to be so or if any such should chance to be so elected yet no such Popish Member is to be admitted into Parliament So here 's no Popish Parliament can be that should consent to make Laws in savour of Popery nor can there be any Popish Magistrates admitted that should favour the Papists by omitting to execute the Laws against them Nor is there any Priests that should perswade them to Popery to be heard among us unless in Conventicles so that here 's no room by Law for Popery sure in England nor ever can be if we keep to the course we are in and gape not after changes in the Government or suffer our selves to be frighted with shadows so far as to depend more upon dishonest Policy than Gods Providence and honest Prudence But suppose that Originally the Succession of the Crown were in the people yet in the same breath you contradict your self by saying it is so now for you say also that they have appointed and consented that it should be Hereditary Is not a Bargain a Bargain Do you think they can Revoke this Agreement at pleasure I think there is no Law for that That the people of England both in this and former Ages as far as an Oath Established by Act of Parliament can oblige which I think no man will say but it is the greatest obligation in the World have or ought to have â—ound themselves that the Succession of the Crown shall â—e Hereditary The Oath of Allegiance Established by the Legislative â—uthority in your own Notion and by the Statute 3. â—â—c and 4. and elsewhere so frequently obliged to be â—â—ken is in these words viz. That we will bear faith and true â—llegiance to his Majesty His Heirs and Successors and him â—â—d them will defend to the utmost of our power against all â—â—nspiracies and Attempts whatsoever which shall be made â—â—ainst his or their persons c. Now for a little Exposition upon the Text for nothing can be so plain but some may invert the sense of it since some wrest even the Scriptures to their own Damnation and yet go according to their Consciences still such as their nature is such is their Logick the Spider draws Poyson from the same Flower that the Bee gathers Honey First I shall observe only That the Statute which appoints this Oath of Allegiance was made since the Statute of the 13. of Queen Elizabeth which made it an Offence to say the Queen by Authority of Parliament could not limit the Descent of the Crown and if the said Statute that appoints the said Oath by such appointment hath so limited and setled the Descent and Succession of the Crown that I cannot perceive how now it can be justly altered for demonstration whereof it is requisite the signification of the word Heirs be rightfully understood this word Heirs is in our English Dialect the same the Latins called Heredes Sanguinis Heirs of the Blood not adopted Heirs still the next of kin to the Deceased Successively one after the other for ever for though a Father should give away his Estate from his Eldest Son yet he is Heir though a disinherited one and though men dispose of their Lands as they think fit Yet Deus facit Haeredes God makes Heirs and I take the meaning of the word Heirs in that Oath to
you and I should make an Agreement in writeing that you should call at my House once a Year and afterwards by another Agreement Reciting the former Agreement whereby you were obliged to call once a Year we agree that for the future you shall not omit calling once in three Years Surely you would not think your self after this last Agreement obliged to call every Year Just so it is in the Kings case as to those Statutes of Edw. the 3d. for a Statute is but an Agreement between the King and His two Houses of Parliament and whereas by the Statute of the 4 Edw. 3. cap. 14. It is mentioned that it was Accorded that the Parliament should be holden every Year once and oftner if need be and by the Statute of 36. Ed. 3. cap. 10. to the like effect afterwards his now Majesty and both Houses of Parliament in the Sixteenth Year of His Reign come to a new Agreement touching Parliaments thereby Reciting the said Statutes of Edward the 3d. and do Agree that Parliaments shall not be discontinued above three Years Doubtless this last Statute and Agreement is by Implication of Law a Repeal of the Statutes of Edw. the 3d. as to calling Parliaments once a Year and is as much in effect as if it had been mentioned in the last Statute that notwithstanding the said Statutes of Edw. the 3d. it is sufficient if the King calls a Parliament once in three Years and moreover this last Statute that Parliaments should not be discontinued above three Years had been a vain Statute as to that particular if after this was made the King was still obliged to call a Parliament every year it is almost Sacriledge in some cases to think that the Parliament should offer any thing that 's vain to the King and by your pardon Sir there be other maximes in Law viz. Leges posteriores priores contraries abrogant later Laws differing from the former do make the former void and Lex nil frustra facit the Law or if you please the Legislative Authority doth nothing in vain which maximes I must tell you had been of better use in the Exposition of those Statutes of Edw. the 3d. than your notions of a firmatory Law for it had been in vain to have made a Statute that required Parliaments every three Years if they intended the other should be inforce And I conceive it may with better Reason be affirmed that a wilful publishing that the King hath neglected the Law especially when he hath not is a publishing of words to stir up the People to a dislike of His Majesties Person and Government and in my judgment affirms you an Offender within the Statute of 13 Ca. 2. cap. 1. though you very confidently like the rest of your Gang in the close of your darling Postscript say you were moved to what is there set down by nothing but a hearty Love and Affection to the King but I hope neither His Majesty nor any of His Loyal Subjects will believe you nor them any more To convince you further of your Error that the King hath not neglected those Laws of Edw the 3d. as to calling Parliaments for by the first of the Laws that is the 4. of Edw. the 3d. cap. 14. It is not absolutely required that a Parliament should be held once every Year but it is conditionally if need should require which you deceitfully omit to mention in the charge upon the King for you well knew it was the King was the judge when need required a Parliament and this may the better appear because from the next Year that Statute was made viz. that 5. of Edward the 3d. there was a discontinuance of Parliaments until the 9th and the other Act of the 36 of Edw. the 3d. cap. 10. sayes Parliaments shall be held once a Year as at another time was ordained that is under the same condition as the other Statute was but perhaps after all this you may be that Fool that though bray'd in a Morter would not forsake his folly The next thing I have taken notice of in your Postscript and which I suppose was the main matter and drift thereof and to maintain it you have used the best of your skill is another Conclusion of yours drawn I dare say for your Credit be it known only from your own mere natural parts and notions for I am sure it cannot be either from Divine Precept or Example Humane Experience of past Ages nor the present practice of any considerable part of the World of which I have taken some consideration and it is that which you set down in page the 43. of the Postscript line the 14. that the Succession of the Crown is Hereditary because the People so appointed it would have it so or consented to have it so yet as you say in a particular Case for saving the Nation forsooth when by the by it is in no danger the whole Line and Monarchy it self may be altered by the unlimited power of the Legislative Authority but Suppose the Nation were in such danger as you say which I shall manifest to the World it is not I hope no King of England which you your self admit to have a part in the Legislative Authority will ever make a Law though the Parliament should desire it either to alter the Government of Monarchy in this Kingdom nor the Succession thereof till they see the Nation cannot be saved without it or find greater Cause and better Reasons for it than the World ever yet produced though your Fools Bolt Sir is already shot but hath missed the mark you aimedat And I hope will ever do so In order to maintain your Assertions you inveigh extreamly against those that affirm Kingly Government to be of Divine Right and Institution for which I must say the World affords more Arguments and far more convincing than any you have Coyn'd against it However I will add my mite to the Mint and more than that I dare enter the Lists to maintain it against you that Kingly Government yea Hereditary Kingly Government is the only Government of Divine Institution in the World My Reasons for it shall follow but in the first place I will propose you are no Atheist and that you will not deny but that God is the Supream King and Governour of all things and that he takes some care of the World and knows best by what ways and methods to Govern it and that what he ordains is of Divine Institution for it is a maxim in Logick quod contra negantem Principium non est disputandum There 's no Reasoning with such as will not admit fundamental Truths no more than any buildings unless Castles in the Air can be raised without laying a foundation These premises being admitted which I know you will not gainsay whatever you think I would represent to your observation that when God had that great Work to do both to govern and deliver out of
woful case to fall into the hand of the Lord when angry Descend we now to Natural Reason and consider what that dictates to us in this matter it being sufficiently demonstrated that Monarchy is of Divine Institution by what is before-mentioned but put case there were nothing touching it in Divinity one way or other hath not the experience and practice of the World for some thousand of years inform'd us that an Hereditary Monarchy is the best sort of Government for the People in reference to the support of Human Society Have not all Philosophers and Politicians of any note left their Opinions to posterity that it is so Hath not Monarchy been the setled Government of this Kingdom for so many Centuries of years And are not our Chronicles so plain in the point that no considerable mischief ever befell us but by interrupting Hereditary Succession of the Crown and that that mischief hath been of no less consequence than the ruin of the then Inhabitants and shall such Mushrooms as you pretend to say that not only the Line of Succession but Monarchy it self may be alter'd because such Ignoramus's in Politicks know no other way of saving a Nation from drowning but by casting it into the fire We have had warning sufficient I hope not to be gul'd with any such whim whams any more But because nothing less at present than the alteration of the Succession or of Monarchy it self would serve your turn to keep out Popery I will for your satisfaction if it be possible and if your understanding and honesty will bear it make it plain in a few words that we are as safe and secure against Popery as the Art of man can make us and that we want nothing but what is Gods own work to secure us from Popery so long as we stick close to and maintain the Hereditary Succession of the Crown though we should happen to see a Popish Successor and the way to perfect the work and to prevail with God to do what doth belong to him is by Prayers and Penitence not by Sedition and Rebellion If ever Popery should be establisht in England I speal in reference to what lies in the power of men it must be either by Military force or by Law the Military force must be either home force or foreign force by home force it can never be though the King were a Papist because the whole Nation is averse to it and very violent against it except a very inconsiderable number who if they should offer the least look that way they would be devoured as a hungry Lyon would devour a new fallen Lamb and as to foreign force the only way to subject us to it is to divide us into two considerable Parties and then to engage us in the Slaughter of each other which would most assuredly be the consequence of setting a side of any of the Royal Family from their turn of Succession And of this the Kingdom can give many sad instances I shall mention only that of Deposing Richard II. and setling the Crown upon Henry the Fourth though by Act of Parliament and with Richard the Second's seeming but forc'd consent which produced such miserable Wars between the Heirs and Favourers of both Kings as rendred the Kingdom a meer Slaughter-house for the most part of fourscore years in which time the number of the slain is uncertain but if we may guess at Hercules's body by the length of his foot their number must be very vast for I find there was slain upon that occasion in one Battle thirty six thousand seven hundred threescore and sixteen Persons and all the Arts and Acts of Parliament afterwards which were many and which played handy-dandy with the Crown acting it one while upon one then upon another could never settle affairs till it had pleas'd God to do it by ordering the matter so that the Heirs of both Families were one of them a Man and the other a Woman and that these did marry one another whose Nuptial Feasts lull'd the Nation into a pacifick slumber and put an end to those unhappy Troules and England once again enjoy'd a blessed peace until another unparallel'd Usurpation upon the Crown by the seeming sanctified Parliament in King Charles the First his time which can never be forgot though you are angry it is not These Instances should be caution enough to any reasonable men not to invade Gods Prerogative and interrupt the Hereditary Succession of the Crown but leave it to its due and establish'd course of Descent I am confident scarce any man of sense believes but that if ever hereafter in our days especially it should happen that the next in Suceession to the Crown by course of descent should be put by though by Act of Parliament it would produce as sad effects as ever it did and it is not improbable but our Popish Neighbours who are more Potent now than ever would lay hold on such an opportunity the French King as I am credibly inform'd having now a standing and established Army of two hundred thousand men or more how easie then would it be for him when we had mangled torn and destroyed the greatest part of our selves to make himself Master of the wearied surviving Party and then Impose upon them his own Popish Religion So that to me nothing seems so ready a way to introduce Popery as altering the Succession of the Crown out of its Lineal Course of Descent unless it be by suffering Conventicles where men teach and the scrupulous Brotherhood learn with greediness any manner of Doctrine specially the lawfulness of King-killing and Rebellion to propagate their Heresies Sects and Schisms Hence I may say it is very evident that by force of Arms Popery can never be setled here so long as the Succession of the Crown is kept in the due course of Descent and it may be made as manifestly appear that it can never be introduc'd by Law though there were a Popish Successor for though the King be the Law-maker yet his power is so limited and restrained by the Law of Usage and Custom that he can make no new Law without the consent of his Parliament and the Law as it is is Provisional enough to prevent the Papists acting to any prejudice For as the Law now is no man is to be a Member in either House of Parliament unless he upon Oath renounce Popery and take the Oath of Allegiance and Supremacy nor can any man practise the Law Physick Chyrurgery the Art of an Apothecary or any Liberal Science for gain unless he renounce Popery and take the Oaths of Allegiance and Supremacy No man can be Ordained a Minister of the Gospel or permitted to Preach in a Church unless he Renounce Popery but at a Conventicle be he Papist or be he Turk or Jew or what he will he may Preach there any manner of Doctrine and the People are angry if they be interrupted So that we are in danger of being