which of the two he is most indebted and render him matchless in the present and rarely exceeded by any in former Ages He is not only of innate Courage fearless and intrepid as a Lion but a Commander of great Experience both at Land and Sea preferring the last more for his Countries safety and honour than his own ease or pleasure In all things temperate and sober in his Actions between Man and Man nicely just in his Word and Promises strictly faithful and religiously punctual sincere in his Friendships and Professions a kind Brother and a dutiful Subject an obliging Husband and an excellent Master a great lover of Business sedulous and diligent and indefatigable in Labours affable and easy of access patient in hearing and dispatching the meanest of quick Apprehension and sound Judgement and tho in this traduc'd by Envy Malice and Design yet I defy the worst of his Enemies to instance wherein he ever spake impertinently on any Subject He is what the French call un bonest homme too comprehensive to be English'd by one Word signifying A Person composed of all the good Qualities that make Men truly valuable He was born to retrieve the sinking Glory of the English Nation a Truth once readily acknowledged by all and would be so at this day if the contrary were not imposed by the cunning of the Ambitious under the disguise and pretence of Zeal for Religion in which whatever his private Opinions are he desires not a liberty he would not grant He is not of a narrow persecuting Spirit so much in love with his own as to despise the Opinions of all others He would have every Man enjoy the right of Nature Liberty of Conscience without disturbance of the publick peace In a Word he is brave and generous liberal but not profuse resolute but not stubborn great but not proud humble but not abject in all his Actions he shews himself a Gentleman but in none forgets that he is a Prince He is not an Angel but a Man and therefore not free from some Passions and human Fraitlties but in the World there cannot be found a Prince with fewer He needs not boast the Statues of his Ancestors he has a stock of fame and vertue of his own large enough to make him great He is doubly related to the Title of his Grand Father Henry the 4th by Birth and by his Sufferings Without flattery he may be accounted the most illustrious of modern Hero's and very little if at all out-done by Caesar or by Alexander by Hannibal or by Scipio The English Scots and Irish have been Witnesses of this Truth to their Honour and Renown The French the Spaniards and Flemmings and the Dutch the German Sweed and Dane have seen and felt his Actions to their cost to thir Envy And what has this great Min done to have felt his Vertues and his Lawrels wither'd and forgot Is it for exposing his person like a common Sea man for the Glory of the English Nation or is the change of the peoples Affections owing to the alteration of his Opinions about the Modes and Circumstances of Religion for in reality 't is no more Oh! no it proceeds from the subtilty of some Fellow-Subjects who under pretence of Love for the publick and Zeal for Religion design for themselves a Tyranny and therefore endeavour by all the arts of Malice to remove out of the way of their Ambition this great Person the only Obstacle imposing upon the World that all themselves aim at are intended by the D. when nothing is further from his thoughts than a purpose of governing England otherwise than by the establish'd Laws A Lye may for a while sully and eclipse the brightest Innocence but at length it must break through those Clouds with a greater increase of Lustre and of Glory 'T is good Machiavilian policy calumniare fortiter aliquid adherebit Throw Dirt enough some of it will stick There was a time when only Vice was safe and honourable and nothing fatal but to be brave and vertuous and the best Citizens were therefore proscribed and why should it be wondred that in England as well as in Rome or Athens no Aristides should be banished for being too good Now considering that Laws may bind a King which to deny is folly and madness and that there are already enough more may be added to prevent a Popish Successors mischieving Protestant Subjects if there were no Laws to this purpose yet prudence and right reason would continue to us the enjoyment of Liberty Property and Religion let never so bigotted a Papist ascend the Throne much less is any alteration to be apprehended from the Duke who besides all those Obligations does further secure us by his innate Goodness and temper 't is no wonder his Majesty should so often forbid the intermedling with Succession since he could not but conclude from so unreasonable a procedure something else might be designed besides the security of the protestant Religion under the sairest Tufts of Grass we know Snakes are likeliest to be hid For first there was no cause to conclude the D. should certainly out-live his Royal Brother or if he did that he would or could alter the Government nor secondly that he should always continue of his present Opinion in Religion since he that once changed might do so again upon the alteration of his temper never at a stand or the same in any person or upon his fuller consideration of the Controversie But if in this he should remain unalterable and chance to out-live him his consenting to such an Act would never prevent great Effusion of Bloud civil War and unaccountable Miseries and Calamities for let Men Fancie what they please the D. would still have no small party in England all or most of Scotland and Ireland would be entirely for him he is accounted by both a Prince of their Bloud and by their Laws who no more than those of England allow their Kings mortal to be their Soveraign upon the Death of his predecessor without the Formalities of Proclamation or Coronation and who knows not that the united force of these two Kingdoms with the power within the third would counter ballance all the rest of the Might of England Besides Scotland and Ireland being distinct Kingdoms and governed by Laws of their own Parliaments no Act made by that of England can be binding in any instance much less in excluding their Sovereign Now over and above those advantages all the popish Princes of Europe and they if united are too strong for the Protestant would be on his side if Religion have that power some Men apprehend But if it have not yet France would account it their interest to reinstate the D. in his possessions for then they two joining to which nothing else could invite the King of England all rubs in the way of the Universal Monarchy would be certainly removed And what would the Consequence of this be but a
conduct of their own Reason for every mans Reason is Reason to himself but the Reason of the Communitie is the Reason of State not the Reason of the man And therefore the Supreme is always entrusted with this Reason and in the Exercise of it ought to be secured by a transcendent Power to give Check to the pretentions of the Enemies of Society This must be done two ways I. By assuring a strength competent against any Attempts of retrieving their original Right of Nature 2. By an equal Administration of Justice and good Government for Res nolunt male administrari The end of Government is That men may live together unanimously in the equal use of Civil Laws The end of Religion is to be happy in the next World and therefore ought not to interfere with Civil Laws or those by which the good this Life is regulated But because the Motives to Obedience to those Laws do very much depend upon the Rewards and Expectations of a Future State they are therefore necessarily conjoyned so that whatever Religion is established by Law becomes Law and ought not in prudence to be chang'd and disturb'd Whoever hath a private Religion or Opinion seing it is not more in our power to have mentem sanam than corpus sanum yet if the man be not mad or injurious he may and ought to enjoy it freely without punishment provided he do not violate the peace of the City If he do 't is nor Sincerity but Hypocrisie and seeing there may be bona mens in malo articulo all liberty ought to be afforded that can reasonably modestly be claimed by any of those who pretend a tender Conscience Now if you consider throwly these Positions you will find not onely the Reasons of entring into Society but the Causes of its Continuance and Decay fully asserted The Rules of Government are as demonstrable as any Mathematical Problems and where the Supreme is wise there can be no Rebellion or not dangerous and wherever there is the Government is infirm and foolish In order then to your Question you must observe That Power is an equivocal Word and is sometime taken for the Right and Force of Nature sometimes for the Right and Force of Laws In the first sense 't is called vis or potestas in the latter jus or dominium The first sort of Power men in society have renounced and cannot use without returning to the State of War where every man has as equal Right or Power over another as another has over him The second sort of Power is that which the Laws of the Society warrant and by which 't is said Illud tantum possumus quod de jure possumus Now if we consider the Power of Parliaments bounded by Laws in the letter sense 't is plain they can have none to bar the Duke from Succession because the Laws Common and Statute leave them no such Power and in Nature and Reason after entring into Society they can exercise no more than is left them by the Agreements of the Society In the first sense 't is true they have power to do what they please as two is stronger then one But then it must be remembred that the using that Power loosens the bond of the Commonwealth the whole having no more Right over Peter and Paul while they break not the Laws of the Country than Peter and Paul had over all the rest If it were not so there would be no Right nor Wrong in the World neither subsequent nor antecedent to Humane Constitutions Virtue and Viec would be but empty Names Scar-crows for the Fools and the Weak For every thing would be lawful that a man had force or strength enough to justifie A Principle destructive of Government and Society of Peace and Happinesse Everle Thief and Murderer Robber and Traytor if successful being honest persons guilty of no Mischiefs Thus indeed Vice becomes Virtue Prosperum scelus virtus vocatur This therefore not being to be allowed among men much lesse Christians the Parliament cannot justifie a Power of putting by the next Heir by the Constitutions of the Kingdom nor by those of nature which allows not the major part to have recourse to natural Force or Liberty without leaving all the rest of the Members to their choice of entring either into none or a new Form or continuing under the old And those that assert the Parliament may do what they please know not what they say if they deny others the same freedom and if they do 't is bidding all men Draw try who has the strongest Arm and the longest Sword making Might or Power the onely Rule of Justice and Measure of Humane Actions But this so dangerous mistake is grounded upon not considering that what was lawful before I became a Member of the Society ceases to be so after When a Bargain is once concluded between one man and a thousand the thousand cannot without injustice break the Agreement nor without folly expect the single man will not take the first opportunity to be reveng'd and obliege them to their first Contract And whether he prove successful or no it will occasion such Mischiefs Calamities that they will too late repent their Follies and find no other comfort than the sad one which this scrap of Latin affords Supplicium stultorum stultitia But further if you rightly examine things you will find that the Lords onely act for themselves and that the Commons of England do no otherwise represent the People than as Attorneys who therefore are presum'd limited to the first Constitutions and Fundamentals that is the Common Law or Magna Charta whose Bounds if they exceed they forfeit the Patent or Commission by which they act This is agreeable to Reason and the practice of Former Ages when the Commons being ask'd their Consents to new Matters went home and consulted their Principles and according to their directions gave in their Answers as you may find at large in the Rerum Anglicarum Scriptores and as in the present as well as ancient usage in the Dyets of Germany and States of Holland And thus it was in the Senate of Rome who though they had the Supreme power as a Parliament in England yet in the making of any new Law there was a Rogatio Legis an exposing of it in Tables to the view of all for a certain limited time wherein if the meanest shewed Arguments why it should it was wholly laid aside And so dangerous a thing have Innovations in this sort been accounted by the Ancients that among the Locrenses and other Commonwealths of Greece new Laws were propounded with Ropes about the proposers Necks submitting themselves to the loss of their Lives if the proposition were not approved by every single person And in Poland no King can be elected without the consent of every individual Elector And indeed in so material an Instance as the designation of a Supreme Governour upon whom depends thâ— Fates of
Prophets This then would be folly and to pursue it would be madness because it would be to oppose his single strength for in this case he would stand alone to the united force of Lords and Commons and the whole Body of the People And who knows not that in this Sense Dominium fundatur in voluntatibus hominum For without an Army and a very great one he could not compasse his impertinent project this Army he could not raise without a vast Treasure this Treasure he cannot have but from his own people in Parliament who will not give it to their prejudice For out of Parliament he cannot have enough even for his ordinary Expence much lesse for the defence of the Kingdom against forraign Attempts because upon the death of the present the following Successor will find so much fallen off that there will not be left one third of the present insufficient Revenue for all necessary Uses of the Crown An Argument that alone may convince the sober and unbyass'd that be he of what perswasion soever he must of necessity comply with his Parliament who can't be suppos'd neglectful of the great Concern of Religion And to think that the Papists at home or abroad will give it is Folly or Inconsideration Those at home could not by the sale of all their Fortunes make the Fond that can never be supposed by men in their wits nor indeed can I see why they should contribute at all since their gain by offices of which they are now incapable would be but advantagious to some and why shall the whole be at a losse for the profit of a few that uncertain Besides that party is now more a Gainer by freedom from offices of Charge and Trouble than they could then be by the partial Advantage of Employments The Papists abroad will less find their Accompt for Princes of all Religions and the only present rich and powerful one of That expends his Money for Earthly Glory leaving as he ought the Heavenly to the Spiritual Princes These all are ever were and will be such Lovers of Wealth Pomp and Grandour as not to bestow it in the purchase of Heaven which they know is not to be bought for Silver or for Gold The Pope regaining Peter-pence could not invite him if he had the Sum for if you compute that you will find it a Trifle 6666 reckoning it after the way of the present Chimney-money set for 160 odd thousand pounds at two shillings a Chimney whereas that was only a peny a House not a peny a Chimney as in this Caluclation is allow'd when Houses are much more than in those days And for the First-fruits and Tenths they are no lesse inconsiderable For Indulgences Appeals and the consequent Charges they are trivial and accidental and go not into the Pop's but into particular Officers pockets Besides no one Pope can hope to see such a Design effected and the Nephews and Nieces will prevent their converting their Riches to the advantage of the Successors And as for the Church or Abby-Lands they could not on this accompt be of any moment since if restor'd to the Church which would be uncertain as the effect of War they would fall into the hands of Clergy-men who have nothing before hand to contribute Now considering that the late rais'd Army under 30000 men put the King to the charge of more than a Million how many Millions think you must be requisite for a much greater Army necessary for so great a Design when the Opposition will be strong and lasting the very Lifted Millitia being above 160000 And supposing that all the Papists in the three Kingdoms would become Voluntiers in this extravagant Expedition the whole would be still as disproportionat and as unliklely to prevail as an Army of Pigmies with Spears of Bulrushes mounted on Crans against an Army of Gyants riding on Elephants and every way well appointed for War In the year 1672. and they cannot since be much encreas'd the Papists upon a Survey of them Conformists and Nonconformists severally were found throughout England to be under 27000. Men Women and Children In Scotland the disproportion is greater on the protestant side in Ireland on the Papists Yet by a Medium of all three there would be 203. Protestants to one Papist What then can be dreaded from them though assisted with an Army of profligat Hirelings for none else would fight to destroy Religion and enslave their Country and a Prince of their own Perswasion whose Example could win but on the mean and base the flattering and mercenary Courtiers to hold with him as with other Kings their Necks awry So inconsiderable a Number could not shock the main Body of the People sighting not as the others for Opinion or for Pay but further for Liberty Property Religion and Estate of which being possest though the others were equal in Numbers theirs would be the advantage according to that Rule Milior est conditio possidentis And indeed considering the Athelstical bent and humour of the Nation whose Religion is generally in their Mouths only and not in their Hearts I am apt to conclude the great Heat and Contention is founded upon the apprehension of the loss of Church and Abby-Lands not of protestantism and the rather because it is urged Nullum tempus occurrit Ecolesiae The Maxim is Regi and yet we find though most of the Lordships of England belonged formerly to the King they are now possest by others without danger of reassumption and yet even that has been practised in former Kings Reigns and advised by parliaments who al ways reputed them unalienable And yet why we should now be more sollicitous for fear of the Church than of the King I cannot understand since either prescription or their own Consent lies against both and that even in the infancy of the protestant Religion upon the return of Popery by parliament the Pope did in Q. Mary's Reign by his Legat Cardinal Poole confirm to the Laity the Temporal possessions of the Clergy And can any one imagine that how when a contrary Religion is of so long standing and the professors as far exceeding the Papists in number as they did then the Protestants a parliament would be kinder Earthly Interest will ever weigh more than Heavenly the World being now so much enlightned with Knowledge and Letters beyond its former Experience when not only Salvation but Wisdom hung upon the Lips of the priests it be will be impossible for men to be perswaded even upon their Death-beds to bestow all for the gaining of Heaven The Statute of Mortmain was made in the height of Popery and none but Fools can suffer themselves to be imposed upon that a Statute of Restitution could be possible in the Meridian of a contrary Religion This is well known to the leading and considering men who having Designs upon great Offices and preferments in the State make the Care of the Church a pretence only to their
Ambition 'T is notoriously evident That no men were more violent for the general Indulgence nay for Popery in 167â— not to mention their before breaking the Triple League and entring into an Alliance with France than those who now are accounted the only Lovers of an English Interest and the Protestant Religion A Restitution of the Great Seal or a Treasurers White Staff a Diamond-hilted Sword or being a Publick Minister might perswade the same Persons to act again as arbitrariously as before set up France and run down Holland with a delenda est Carthago Good God! how strange it is that men who changed with every Wind as that of their own Private not their Countries Interest blew or some younger Spirits influenced by their Precepts Examples in hopes to make new or retrive crack'd Fortunes should ride and hurry the Nation to so much Heat and Passion as endangers our utter ruine and destruction either from Intestine Divisions or Forreign Invasions Consider this in time before you are bemir'd and bewitch'd by any Will o' th' Wisp who now leads you astray and will certainly leave you in the lurch when he has gain'd the Point he drives at Judge of future by former Actions and remember if we must have any That the old is better than any new Master Oh but say some If we have a Popish Successor he will be the worst of Tyrants being oblig'd says the Author of the Few Words among many to extirpate his Protestant Subjects under the pain of Excommunication Damnation that by vertue of the Council of Lateran An Assertion very groundless whether you consider at large the Princes Interest with which such a Practice is incompatible his being a King depending upon his Subjects and a powerful one upon their Multitude Strength and Riches or if you consider the Influence Christianity it self has upon the Civil Magistrate or the particular Obligations of this pretended Decree Concerning which you are to know that this Council is not esteem'd General nor the Decrees of this wholly rejected by Canus and Bellarmine nor of any Council esteem'd infallible or obligatory in point of Discipline where they are not receiv'd and corroborated by the Temporal Prince who has the power of rejecting all or what part he thinks fit of such Decrees as appears not only in this but in that of Trent which is not universally received either in France or Germany Besides these few that own this Council say it was never design'd against Sovereign Independent Princes nor was it ever practised out of Italy So that why it should be dreaded in England cannot be found reasonable since at this day in France Germany and other Countries where the main Body of the People is Popish Protestants are permitted their Freedoms and their Fortunes A sufficient Argument that Popish Princes fear no such Sentence from Pope or Council In some places of Germany the people are governed successively by Popish Protestant Princes Lutherans by Calvinists further asunder than Church of England and Papist without inconvenience or disturbance taking their turns morning and afternoon in the publick Churches and notwithstanding the differences in Speculative matters nor possible to be avoided live together as they ought in the Union of Charity the only bond of perfection and Badge of true Christianity So that Papists may be good Kings and good Subjects as they are de facto and have been and therefore may be again And to shew how little particular Opinions can alter the Duties of Allegiance and Subjection let it be remembred That in the King of France his Descent upon Holland and in the time of his whole War with that State he could never get a Popish Spy But here I am not ignorant the Persecutions of Queen Mary will be urged though impertinently for besides that the odds was then on the Papists side yet in her Six years Reign as Speed and Baker tell us there were but 277 put to death and of these above 200 profligate Persons all dying by the Law then and several Ages before in being De Haretico comburendo by which several suffer'd in Queen Elizabeth's and King Jame's days for Arianism since abrogated So that as the case now stands in England none can suffer as Hereticks till some new Law be first made and that you know must be by Force or Parliament The first is shewn impossible and the latter improbable Yet if such an Act passd it must be esteem'd consonant to the desires of the whole Nation So that the Martyrs of Queen Mary's days can no more be accounted such than those who have suffer'd since the Popish Plot both being punish'd justly according to the Laws in being These last are reckoned 170 in the space of eighteen Mouths of which 147 starved and died in Prison and 23. executed to every of whom Pardon and Reward was offer'd would they but confess themselves guilty and make a Discovery besides five since condemned and many more fled starving and begging in other Countries And here I confess my amazement and wonder that so many Lay-men and Clergy-men Learned and Illiterate should all continue obstinate in the denial of this damnable and hellish Popish Plot when the Conspirators own'd that cruel one of the Gunpowder Treason Nor can the Objection be less trivial of the hazard to the Kings Sacred Life while a Papist is to succeed since a Clement or a Raviliac is not more easily found among them than a Poltrot or an Andelot among the Hugonots or Presbyterians But it is no greater disparagement to have single Instances of Wickedness in a Soceity than to the Apostles that there was a Judas in the number 'T is much more easie for Papists to give than to receive upon this account a Rowland for an Oliver They can not only return the number of Assassins but in stead of a few private ones shew them many publick Executioners of Kings and Princes and in stead of particular Asserters of the King-killing and Deposing Doctrines as Mariana and La Forest who yet do it but Problematically and are with their Books censured and condemned by the Eight Universities of France and the General of the Jesuits Order and the whole Body of the Catholicks and expresly forbidden by the universally receiv'd Council of Constance Sess 5. I wish there could not be found whole Shoals of the Reformed that avow those Antichristian Principles not only abroad but in England and Scotland Baxter yet alive has never recanted the Tenets of his Common-wealth not his owning in his Saints Rest his not finding upon the strictest examination to have done amiss in fomenting the late Rebellion I need not menti Outlandish Names of Calvin Beza Paraeus c. nor those of Scotland Knox Bu chann c. a Page would not contain all Miltons Englist Tutors and Scolars in this particular whose Religion is Treason and Rebellion and whose Devotion is all Cheat and Hypocrisie and who are ineed so much the