when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure
res bonae damnari quia sunt qui iis abutuntur sed verso in morem abusu intermitti res ipsas non est infrequens The young men of the Church of England have their Heads filled with the Imagination of a numerous Sect of Presbyterians amongst us and have form'd a frightful Idea and Character of this Imaginary Sect as sworn Enemies to the Episcopal Government Whereas our old Puritans and late Dissenters I speak of the gross of them for they are not answerable for the Fools and Rogues sent amongst them or at least spirited by the Roman Priests no more than any other Party or Division of men are for the Rogues that pass under their numbers or respective denominations have not disliked the Episcopal Government though by their senseless and unaccountable scruples they have depriv'd themselves of the benefit of the Communion of our Church and thereby give so much scandal to the Government and make the Popish Plot considerable which can no longer subsist than they are pleased to continue obstinate in their conceited follies They beg to be re-admitted to have the terms of our Communion made easie by relaxation of a Ceremony or two and a few matters of Scruple To be received again under the Governance and Guidance of our Church and are ready to acknowledge the benefit of the Episcopal Order in the Church of Christ Let this be askt by any man who doubts the truth thereof of any man that is considerable amongst our unhappy Dissenters Dr. Durel in his Book called Vindiciae Ecclesiae Anglicanae tells what a high opinion the Reformed Churches abroad have of our English Episcopacy and that the Bishops were deposed by them because they would not assist but oppos'd the Reformation not of dislike to their Order Mr. Calvin in his Opusc de Necessitate Reformandae Ecclesiae hath declared himself to be of the same mind Talem saith he there nobis Hierarchiam exhibeant in quâ sic emineant Episcopi ut Christo subesse non recusent ut ab illo tanquam vinco capite pendeant ad ipsum referantur in quâ sic inter se fraternam Societatem colant ut non alio modo quam ejus veritati sint colligati Tum vero nullo non anathemate dignos fatear si quis erunt quos non eam revereantur summâque obedientiâ observent His very good liking and great approbation of the Order appears plainly by the earnestness and vehemency of his stile whereby he expresseth himself in the matter Beza de Minist Evangel Gradibus Cap. 23. affirms Essentiale fuit quod ex Dei ordinatione perpetua necesse fuit est erit ut Presbyterio quispiam loco dignitate primus Actioni Gubernandae praesit cum eo quod ipsi divinitus attributum est jure Peter de Moulin Part. 2. Thes 33. Episcopos Angliae inquit post conversionem ad fidem Ejuratum Papismum asserrimus fuisse fideles Dei Servos ne debuisse deserere munus vel Titulum Episcopi Monsieur Drelincourt in his Letters from Geneva upon the happy Restoration of our King 1660 saith Quandoquidem Germania Helvetia suos habent inspectores superintendentes Dania vero ac Suecia suos Episcopos non video cur quis offendi debeat quod Angliae sui etiam sint Episcopi Quod si eadem Regminis forma apud hujus Regni Ecclesias non obtineat id ideo fit quod non convenit cum rerum nostrarum statu cui nihil aptius excogitari potest quam pastorum aequalitas verum si Deus apud quem omnia possibilia in cujus manu sunt Corda Regum ac populorum Monarchae nostro omnibus illius subditis aut saltem maximae eorum parti eam gratiam indulgerent ut reformationem Evangelicam amplecterentur meo quidem judicio impossibile esset inter tantum pastorum numerum aequalitatem retinere compelleret que necessitas ad instituendos quosdam qui aliqua praeeminentiâ gauderent prae caeterîs quique eorum moribus invigilarent The great men of the French Protestant Church though under the state of a severe Persecution who follow the Institutions of Mr. Calvin do at this time applaud the Constitution of our Church and speak of it in terms of high esteem and honour as may be seen in the Letters of Monsieur Moyne Monsieur de l'Angle and Monsieur Claude written to my Lord of London Published by the Dean of Pauls in his Book called the Vnreasonableness of Separation Dr. Durel after he hath in the aforementioned Book shewed that Geneva was a Free City of the Empire of most ancient time That the Soveraign Authority was in the Senate of that City That the Bishop was Chosen by the Canons and Citizens and Swore Allegiance to the Government before he entred the City and that the Consuls of the City did take his Oath That Petrus de Baulme their last Bishop Anno Dom. 1533. being detected of a design to betray the City to the Duke of Savoy fled from the City and at that time the City was and for two years after continued Roman Catholick so that what wrong if any was done to the Bishop was done by the Papists That two years after the Bishop fled from the punishment of his Crimes the Authority of the Senate attempted the Reformation of Religion After this I say Dr. Durel thus concludes Confidenter dicam Genevenses cum Religionem emendarunt Episcopalis regiminis ab Ecclesiâ Eliminatiomem reformationis partem necessariam haud duxisse Besides all amongst us that have the name of Presbyterian called upon them at the pleasure of the Popish Faction subscribe to the Nine and Thirty Articles in what they declare of the Doctrine of the Church of England about Obedience to our King and Governours and are therefore in profession as Loyal as any of those that boast themselves True Sons of the Church of England Indeed Scotland hath been disgrac'd by a vile sort of Presbyterians the onely true Presbyterian Sectaries in the world in any considerable body or union These men have deservedly put that name under eternal infamy by their turbulent and contumacious carriage against the Kingly Authority But to speak the truth this is not imputable so much to Presbytery as to the barbarous Manners and rough Genius of that Nation Though it hath afforded some men in all Ages of great Excellency in all sorts of the most commendable Qualities That Nation was infamous for Disloyalty and a barbarous Treatment of their Kings before Buchanan and Knox were born The Scots boast of One hundred and fifty Kings in Succession in that Kingdom how many Names they have feigned to make out the boast of the Auncientry of their Kingdom we do not know but certain it is they really Imprisoned Deposed and Murdered Fifty of their Kings at least before the time of Mary Queen of Scots whose prosecution was promoted and assisted by the English Bishops A fine Kingdom
become Zealots He is a Prince that can deliberate and consider and will conclude that it is better for him to betake himself to a Monastery now before he hath filled the Land with Blood and Slaughter and all the mischiefs that the hellish Plot designs upon us than to take Sanctuary in one hereafter loaded with the melancholy considerations of a lost design and intolerable guilt if he himself should chance to survive and not perish ingloriously in the enterprize never to be gathered to his Fathers and shut out of the Sepulchres of Kings He is a great lover of his Brother as he ought in gratitude to be who lets him live and in his good opinion too after he had departed from his Allegiance and become a Member of another Hostile Polity and Regimen and after in consequence thereof the King's Life is brought in conspicuous danger Besides that it was natural and necessary that attempts upon the Life of the King should ensue upon his publick declaration of himself to be a Papist And we cannot without thinking too meanly of him think him without a foresight thereof there remains therefore no way for him to avoid the guilt of his Brother's Murder we tremble at the probability of it than by renouncing the Crown The King cannot in probability die before him except he falls to the Interest of that Religion which his Highness doth profess So that the Duke will relinquish nothing by the consenting to the Bill but the hopes to succeed upon his Brother's Murder but he would not the one so virtuous we will think him to obtain the other Admit him to be King he must be a King without Subjects for he must be a Slave to one part of the people to destroy the other these may not be the other will not be his Subjects To be an open Enemy is more Princely than to submit to the sordid methods of Falshood and Treachery than to betray us and deceive us in the confidence we justly should have in him if he should succeed to the Crown by a legal appointment He hath already departed from the Government which is Treason in a common person but we will give it in him an honester name and call him onely an Enemy to our State and Religion and his departure to be an overt declaration of Hostility let him therefore be consistent with himself purchase the Government by Conquest by the assistance of the Arms of France his Popish Adherents and home-bred Traitors But let him not assume the Crown by Title and Succession under obligations to govern by Law and to preserve us in our Religion which is our Legal Right and more precious to us than any thing else the Law entitles us unto Let him not add falshood to his mistaken and cruel zeal and do all the mischiefs the Plot designs while he pretends to Govern Let him openly assault us Miscreants subdue us Infidels that already stand Cursed and Excommunicated whom he hath Warrant enough from his Religion to destroy with an utter destruction He is an excellent Son of King Charles the First of blessed Memory who died a Martyr for the Government of Church and State and lost his Life as well as his Government when he could not preserve it any longer by his Sword And do you think that James his Son who carries the Royal Name of his Grandfather though the first of England yet the Sixth of that Name in Scotland will suffer the Government to be altered and to be a King and no King It is more just for him to chuse an Exclusion from the Succession than to suffer the Government to be changed we must therefore suppose him to be willing rather to consent to the Bill and renounce the Succession conformably to the recent example of his never-to-be-forgotten Father than to consent to or be bound by any Act of Parliament that shall alter the Government They are not his Friends nor agreeable to him that would spoil the Government more valuable in his esteem as well as his Father's than a personal Reign That would make him a King in mockery That conspire against the Government it self which he will not he ought not to sustain and endure as long as there is any Iron and Steel in the hands or Blood in the Veins of Loyal Roman Catholicks He is an equal Prince and will not take it so much to Heart that he sees the People of his Nativity not stupid Sots but that they can be sensible of the dangers that he urgeth them with and provide apt remedies against the evils which threaten us But if these Reasons will not obtain his express Consent to that Law for his Exclusion they will be allowed Inducements sufficient enough to pass it and conclude his Assent for the nature of a Law is to be first reasonable and to make those willing that should be consenting to it as reasonable and fit but are not and to render them obedient and submitted For this is one of the greatest benefits of Government that they that cannot or will not chuse what is best for themselves the Laws will chuse for them with regard to the Publick Good For the better clearing the matter of the Constitutions of this Realm in relation to the Succession I thought it necessary to add the substance of an Act of Parliament yet in force made 13 Elizabethae 13 Elizebthae Cap. 1. An Act whereby certain Offences are made Treason FOrasmuch as it is of some doubted whether the Laws and Statutes of this Realm remaining at this present in force are vallable and sufficient enough for the surety and preservation of the Queens most Royal Person in whom consisteth all the happiness and comfort of the whole State and Subjects of the Realm Which thing all Faithful Loving and Dutiful Subjects ought and will with all careful study and zeal cnosider foresee and provide for By the neglecting and passing over whereof with winking Eyes thâ—…e might happen to grow the subversion and ruine of the quiet and most Happy State and present Government of this Realm which God defend Therefore c. to Declare c. during her Maiesties life that the Right of the Crown was in any other Person should be Treason And such Person that should during her Maiesties Life Vsurp the Crown or the Royal Stile Title or Dignity of the Crown or Realm of England c. they and every of them so offending shall be utterly disabled during their natural Lives onely to have or enjoy the Crown or Realm of England or the Style Title or Dignity thereof at any time in Succession Inheritance or otherwise after the Decease of our said Sovereign Lady the Queen as if such Person were dead any Law Custom Pretence or matter whatsoever to the contrary notwithstanding After which these words follow And be it further Enacted That if any Person shall in any wise hold and affirm or maintain That the Common Laws of this Realm not altered
the Bill of Exclusion an Antichristian Attempt Repugnant to the Ordinance of God though God never yet made any Law or Ordinance in that Case and the Fundamental Laws of the Kingdom though no Laws of Men are so Fundamental but they are alterable The Constitution of Government is indeed unalterable by Law but no Laws but are alterable by the Government for the Government was before Laws and made and constituted most chiefly for the business of Legislation That the House of Commons assumes a Soveraign Power he knows to be false and knows too that all the world knows he is therein a Falsary What can be expected of Candour or Sincerity from a man of such Effrontery and to the making the Slander compleat he joyns Despotical to Soveraign power as if they were the same an instance of his egregious Ignorance except he flatters the King and would signifie to him that he hath despotical power because he hath a Soveraign Power and this commends him indeed for a true Patriot A Despotical Power is such as Masters use over their Servants that command what they will because they will Soveraign Power is exercised for the good of those that are governed and the Commands that come from the Soveraign Power are Laws that are deduc'd from publick Reason as they are the publick Measures and are always reasonable or pretend to be so No body ever affirmed before this Addresser to the King That it hath been the Ancient Custom of Parliaments to dispose of the Crown or that it depended upon the Suffrages of the Subjects which he falsly and maliciously adventures to say to misrepresent the most Venerable late House of Commons whose Proceedings will justifie themselves in true Story to all succeeding Generations and will we all hope be seconded and out-done by the next if the good People can keep themselves from being deceived by such Artificial men as this Addresser is But this is said and truly That a Parliament which is King Lords and Commons have declared and particularly a Parliament in the Reign of that most Excellent Princess Queen Elizabeth of Eternal Memory the wisest and greatest of the Princes that are Glorious for the Reforming the Christian Religion did declare a Power in themselves for Great and Weighty Reasons of State to alter the Succession otherwise than of course it is by Law appointed and most reasonable it is for no Government can want a Power to preserve it self and obtain its great end viz. the preservation of the Community and Polity it self and no less Reasons than these require and urge the Use and Exercise of this Power in an Act of Parliament for Excluding the D. from Succeeding to the Imperial Crown of England In order to these ends the Power of a Parliament is unrestrain'd and unlimited which this Consideration-Monger calls Scoffingly Impiously and Prophanely towards God and irreverently towards the Government Omnipotency In the next Paragraph he produceth his first Reason against the Excluding Bill And by an execrable Argument he adventures to prove That the descent of the Crown is Sacred viz. That an Attainder in Treason cannot debar the next Heir from succeeding in the Government But if the Heir had died of that Attainder the Argument had been spoiled For cannot that Power that can inflict Capital Sentences and that ought to do it against all in subjection that incur them Banish instead of Kill sure he is no true Friend to his Royal Highness whatever he pretends we will sooner admit him a true Patriot for that he makes the condition of his presumptive Heir so hard That he must either Die or Reign A very judicious Advocate and deserves very well of his Client who will remember him sure when he comes into his Kingdom for bringing him into such danger I believe this considering Patriot shifted himself in this Consideration into France where they have Princes of the Blood against whom no Criminal Process can be formed nor no Attainder of Blood is admitted to the purpose that the most enormous Crimes may not seem faults in those that participate of the blood of that haughty Tyranny But the better to disguise himself he criminates the Parliament calls the House of Commons in derision Cunning Politicians that would have a new Model of Government he chargeth them with assuming a power to depose the King and will conclude because he will and hopes the People will take his Word for it for no other reason in the world that we may as well Depose the King as foreclose a Presumptive Heir which he will call deposing him for this Ruffian-like man will not submit to the common use of Words and is at defiance with the common Sense of Mankind and will say it That it is as lawful to Depose the Possessor of the Crown as to make an Act of Parliament for preserving the Life of the present King by disabling the next Successor that brings it in danger And likens the late House of Commons upon the score of their Bill of Exclusion to the Rump Oh! for a Discoverer that would bring this man to Light and Shame and thereby to Reason and Sobriety Upon this weak and slight colour of a Reason see in the next Paragraph how he lays about him with what vehemency and expostulation and yet in his magisterial Rant the trifler could no sooner name an extravagant Bill but he thinks of a Box of Gilded Pills which if he had been lately under cure by Mr. Hobbs his Doctrine of the train of Thoughts they could not escape coming together And yet this Thinking Addresser is not altogether so happy in dividing and opposing as in compounding For he affirms that to go about to establish the Protestant Religion by a Bill to Exclude the Popish Successour is inconsistent with the Government and is to destroy the very Root and Life of Government But pray Sir for the sake of Reason tell us Doth the Government it self depend upon the person that Governs or is the Government it self changed by the alteration of the Succession may not Governments for kind the same have different modes of Succession and are not the kinds of Succession more than the kinds and forms of Government Can the Government be safe without a Power to exclude a Person inhabil in Nature to support it or of one Principled to destroy it Can we imagine a Government which is of Humane Contrivance to be without a Power to preserve it self and an Authority in Cases that threaten its Ruine to interpose with apt Remedies for its preservation That a Government made by men should be left meerly to chance and the contingency of Birth whatever happens of inability in the Persons that come under the general Rule and Limitation of Succession Doth the Exercise of this power turn the Kingdom from being Hereditary to Elective is there no difference between the inconvenience of Judging of the several Degrees of fitness in several persons competently qualified and the