which he hath no great reason to thank him for nor we to admit when the Court of Parliament have declared That the Three Kingdoms and all the Dominions thereunto belonging that the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives c. to the same belonging are most fully rightfully and intirely invested incorporated united and annexed in and to his Princely Person So that according to our Laws he is rightful King of England as well as de facto and by Virtue of his Possession and providential Promotion to the Crown nay they See the Act of Recognition viz. The Lords and Commons assembled in Parliament did recognize and acknowledge that their Majesties were are and of right ought to be by the Laws of this Realm our Sovereign liege Lord and Lady King and Queen of England c. Now W. S. p. 54. Case of Allegiance makes this demand viz Is it not saith he most reasonable to think that to be the Sense of the Law which learned Judges and Lawyers have agreed to be the Sense of it Is it not reasonable to take that to be the Sense of the Law which hath been the Sense of Westminsâ—â—â—-Hall Let him give me also leave to aâ—k one Quâ—stion and that is Whether that be not the Sense of the Law which the Judges and Lawyers learned in the Law have declared in Parliament nay which in that High Court of Parliament have been declared to be * The Law of Man that is not contrary to the Law of Reason nor the Law of God but that is super-added unto them for better ordering the Commonwealth shall rule the Conscience and he that despiseth this Law of Man despiseth the Law of God See Dr. and Stud. Cap. 4. Cap. 19. Cap. 26. To fill up a vacant Throne is not contrary to the Law of God or Reason that our Throne was vacated is declared to be Law by our highest Court that we have in England That a King may abdicate the Realm Grotius saith is not to be doubted and Barclay saith cited by Grotius that if a King shall aliene his Kingdom and subject it to a Foreigner or leave it or act as an Enemy to the Destruction of the Community he looseth his Kingdom di jure Bell. Lib. 1. Cap. 4. Law And that I am sure it was as we have already heard viz. That King William is King de jure and according to the Laws of this Realm whose Declaration and Decree will bind the Subject in fâ—ro Conscientiae where it is not contrary to any moral Precept though they should be mistaken in their Judgment which is not to be supposed till a Court of equal Authority for there 's none Superior repeal their Act or reverse their Decree Obj. But perhaps it may be said that the Title of the Prince is a Matter above and no way cognizable in any â—â—mane Court it being said of Kings that they judge all things but are judged of none especially as to Matters criminal for which they are only accountable to him who is the Judge of all the Earth for when Courts do sit and act by the King's Commission and Authority it can be scarce thought that any Prince should be so Trayterous to himself as to grant a Power to censure his Person or his Actions So that whatever the Parliament may have delared or enacted with respect to the late King's Actions however they may affect the Ministers of State who were the Advisers or Transactors of them yet all must be void with regard to the Person or Title of K. J. because they have interposed in that which is no way within the compass or purview of their Jurisdiction Res The House of Lords I take to be the Supreme Court of Judicature in England which though it be convened by the King 's Writ yet needs no special Commission to empower them to act that being a Right inherent in them and by the original Compact or Custom immemorial inseparable from them But suppose there be no King in our Israel the Master of the Ship fled the Waves run high must the Vessel sink all that are on board perish lest they should intrench upon the Prerogative of their Master Must they not consult their own safety for fear they should meddle with or consider the Actions of their Governour as being above their Cognizance Must the Community perish and Nation sink in Compliment to him that hath fled from them and left none to exercise his Authority over them Is not the universal Safety the Supreme Law But my last Reply to this Objection is that the Parliament of England hath not adjudged the Royal Succession or Title of the Crown a Matter above their Authority nor is it beyond the Sphere of their activity Let us hear what my Lord Cooke saith in the 4th Part of his Institutes Cap. 1. Of the Powers and Jurisdiction of Parliament for making Laws in proceeding by Bill it is so transcendant and absolute as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truly said Si antiquitatem spectes est vetusatissima si dignitatem est honoratissima si jurisdictionem est capacissima Huic ego nec metas rerum nec tempora pono Virg. of which we have divers eminent Instances to induce In the 8th of Hen. 4. as my Lord Cooke hath it Instit Part. 4. Cap. 1. But I find it rather in the 7th of Hen. 4. Cap. 2. the Succession of the Crown was intailed to Hen. 4. Was not the Crown settled upon Hen. 7. by Act of Parliament and upon his Heirs before his Marriage with Elizabeth eldest Daughter and Heir of Edw. 4. of the House of York notwithstanding the Judgment formerly given in Parliament as we are about to take notice of for establishing the Title of the Crown in that Family Cook 's Institutes Part 4. Cap. 1. Many more Examples may be given to prove that the Title and Succession of the Crown is not a thing beyond the Notice and Authority of Parliament to intermeddle with But he who desires a more particular Information let him consult these Statutes 25 Hen. 8.22 28 Hen. 8.7 35 Hen. 8.1 1 Eliz. 3. 1 Jac. 1. Yet give me leave to mention one Case which happened in the Reign of Hen. 6. whose Crown whilst it was upon his Head was challenged by Richard Duke of York whose Claim was received and Plea heard in Parliament The Council alledged many and great Arguments in defence of the King's Title too many here to be inserted but that high Court upon a full Hearing on both sides gave Judgment for the Duke of York against the King though in actual Possession of the Government in these Words That Hen. 6. should reign during his Life the remainder to rest in Richard Duke of York and the lawful Heirs of his Body in general Tail King Henry 's Heirs to be excluded
to take him for dishonest or a Fool As to the first I am very loath to call a Man a Knave without great Grounds for it especially a Minister upon whose Personal Reputation much of the Success of his Ministry depends Conscience I know is a tender thing and more especially ought so to be in the case of an Oath I will suppose that he acted sincerely in his Refusal and out of tenderness to the Faith he had plighted to his former Sovereign and I hope he hath not acted upon any worse Principle in swearing Allegiance to the present Powers and that he hath not the Person of his Prince in admiration because of advantage For many considering the nature of his Argument do think it may justly defeat his expectation of a Bishoprick if he had any such 〈…〉 As for the latter I mean his Wisdom something is to be said for that too for he who upon the Matter challenges an whole Party of Men to try their Skill with him had need have his Wits about him I find his Wit was once commended for refusing to give an Answer to Antisozzo and the Reason which himself gave for it was because he would not make the Dispute a trial of Wit But he hath given a fresher Argument still than this viz. That he wrote his Case of Allegiance under a just and moderate Prince who notwithstanding the smartest Reflections upon him being satisfied with the Testimony of a good Conscience and sincerity of his Designs did as Saul when they said this Man shall not reign over us and brought him no presents yet he held his peace Had he lived in a Reign when Men suffered by Innuendo's he might have found it much harder to have defended himself against an Impeachment for his Crime against the State than his too late Submission to the present Government The Crowns of Princes are heavy enough of themselves without the exceeding weight and guilt of Usurpation or Intrusion into another's Right being added to them King William would pay dear for his Kingdom to purchase it at the price of a good Conscience and loss of a far better Inheritance and the Providence of God placing him upon the Throne will prove no very good Plea for holding the Possession of it against the just Claim and civil Right of another For though the Providence of God may make use of the unjust Actions of one to punish justly the Sin of another yet the Injustice and Violence of such dealings can no way be excused by the disposal of an over-ruling Providence directing bad Actions to work a good End If a Person stronger than I by virtue of his Power or Interest take away my Goods God by such means may punish me perhaps for my Sins yet it will be a very insufficient Plea on his part before God or hi◠own Conscience For those whom the Lord hath made use of as the Rods of his Anger he hath afterward cast into the Fire notwithstanding they have effected his Will upon others who have sinned against him and whom he hath justly punished by such means for their offences And therefore it will be worth the inquiry whether our King be so only de facto or de jure for if he wants a civil Right his Possession will not make his Chair of State easie be it never so august or great nor quiet his Conscience and Kings have Consciences as well as other Men For though he accounted not his Life dear to him nor too much to hazard for the rescuing our Lifes and Properties yet to purchase them with the loss of that which is of more worth than the whole World and all the Kingdoms of it and to live and die in mortal Sin for our sakes would be too costly a Ransome That one Sovereign Prince may levy War against another Quot actionum forensium sunt fontes totidem sunt belli where Matters in Controversie can be no other ways determined is I am sure though I be no Lawyer agreeable to the Law of * Jure gentium inquit Livius ita comparatum est ut arma armis propulsentur Et Florentinus jus esse gentium ait ut vim atque injuriam propulsemus Vim vi repellere licere Cassius scribit Apud Vlpianum idque naturâ comparatum esse viserit See Grotius de jure Bell. pac Lib. 1. Cap. 2. Nations and Nature too That being the last Appeal to him who is the Judge of all the Earth imploring him to determine the Question and to give Victory and Success according to the Merits of the Cause That the Prince of Orange was a Sovereign Prince is no question who by the pretended Birth of a Prince of Wales was barred of his right of Succession an Heir apparent being set up in room of the Presumptive This 't is well known was the subject Matter of various Discourses and the common Entertainment wherever we came the usual Question that was started being De foetu formato Which in every corner of the Nation was lampooned and ridiculed as a Court-stratagem for ever to extirpate Heresie and to settle the Romish Faith in these Kingdoms to all Generations As this made many Infidels at home so it created Unbelievers abroad The Queen when the days were accomplished that she should bring forth was delivered or pretended to be delivered of a Son by which all the Expectations of the P. of O. to succeed in the Government must consequentially miscarry as also the Peoples hopes of securing their Religion in the next Reign became wholly abortive The Prince judging the Crown of England worth a Trial who being encouraged by the Equity of his Cause and Invitation of the Lords Spiritual and Temporal made a Descent upon England not with any design of Conquest witness the small Numbers he had levied to attend him but that a Parliament might be called and the Matters in question without any Blood shed not only relating to himself but the People too who at one Heat were by the Dispensing Power despoiled of their ancient Liberties and reduced to the greatest Slavery yea the best and most equitable Constitution under Heaven sunk into an Arbitrary and meer Despotick Rule and Government But to forestal the Prince and foreclose him as to any Examination in Parliament Witnesses were called Affidavits were made to prove the Birth of the P. of Wales But what were the Witnesses But either Court-Officers and Dependants profest Papists feigned Protestants whose Evidences filled a Paper with such stuff as would sooner turn a Man's Stomach that his Faith For many think that if fair dealing had been designed Proxies would have been allowed at the choice of the two next Princesses of the Blood and Heirs to the Crown to have been present at the Labour who might if what is pretended were true have averred upon Oath that they saw the Queen delivered of this Son by which that long and fulsom Affidavit might have been spared the
the Communion of the Church and make Conformity easie to those that are or shall come into it with a limited and meet Indulgence to those without it which thing he much laboured to effect in concurrence with that worthy and honourable Person Sir Orlando Bridgman Lord-keeper of the Great Seal Which he put into the Form of a Bill to be presented to the Parliament containing a Comprehension of the moderate Dissenters and a limited Indulgence towards such as could not be brought within the compass of it The one is done we 'd hope the other shall not be left undone sharper Medicines may rake the Patient seldom cure the Distemper The Ancient Fathers thought nothing more against Religion than to force it Violence is no good Argument to beget Faith and is therefore fit for nothing but to breed Form without and Atheism within saith Mr. Chilling He that bunts his Brother with a Net as the Prophet speaks may catch him but ne're convince him Obj. What Reason is there to gratifie factious Men that would divide and destroy our Church Res None at all but the greatest imaginable to have a regard to such as are of peaceable Principles and tender Consciences and 't is very difficult for any one who cannot search the Heart to convict them of the contrary which Charity will not admit without Proof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Charity is not easily provoked thinketh no evil beareth all things believeth all things hopeth all things endureth all things 1 Cor. 13.5 7. Of the Reformation of Manners BUT this is not the only Scene our Reformers have to act in whilst the * Oportet sacerdotes Ministros qui altari sacrificiis deserviunt integros atque immaculatos esse Cypr. Epist Manners of the Clergy call for a strict Inspection being by far the greatest Nuisance in the Church 'T is true our earnest wish is that the Grievances of Conformity might be redrest that many whose desire it is to worship God in Spirit and in Truth may with greater chearfulness Labour in his Vineyard Nor can we with less importunity plead that the grand Mischief of Debauchery especially in the Clergy may be provided against We may clamber high to pluck off some withered Branches but if a Root of Bitterness yet remains our Church will be accounted but a degenerate Plant. There 's Nitre enough in our Discipline were it duly executed to cleanse our Garments and to take out the Spots in our Feasts The Church stands in need of sweeping and its Floor of a through purging 14 Levit. 39 41. but the Walls most eminently want scraping too to free it from that fretting Leprosie which as it hath been the blemish so it will if not effectually cured prove the bane of it To prevent which I believe a strict Reformation of the Universities might do much for the Sin of those young Men is great And had we no better Argument than that of supplanting the Design and Project of our Romish Enemies who thought upon this Anvile to hammer out our Ruine it were strong enough to recommend the Prescription were Salt cast into those Fountains they would send forth more wholesome Streams and such as would make glad the City of our God giving less trouble to our Governours to correct the Errors of the first Concoction for 't is hard to take out a Fust which a Vessel hath contracted from so early a Taint If these Grafts get a Surfeit in the Nursery they seldom thrive when they are planted out into the Church or bring forth any Fruit unto Holiness These Societies have been very circumspect as to the Mint and Communion of Religion minute and nice in the Form of their Devotion the Men of Athens being in all things very Ceremonious whilst their Discipline hath been too lax and loose in punishing Debauchery or promoting the Practice of Sobriety and Power of Religion But will that Coin be current from the exactness of the Stamp which is made of embased Mettal and reprobate Silver How far this Infection hath spread and from this though not only quarter crept into the Church especially the Leaders of it our daily Experience is an Argument which supersedes all other Proofs to the Scandal of our Communion the maintaining of our Schism opening the Mouths wide of those which gape for advantage against us And though too many of the Dissenters have been unjustly clamorous and turned their Backs upon us where they might have communicated with us yet I am confident but Immoralities have been the great drag to which we may Sacrifice for our Schism for had we separated the Precious from the Vile our Mouth would have been as the Lord's Mouth to them nor would so many have separated from us had we divided from them Who to attone their Extravagancies stickled high for Conformity and zealously stifled against all that dissented fulfilling the Words of the Prophet 7 Mich. 2 3. viz. They bunt every Man his Brother with a Net that they may do Evil with both Hands earnestly It is time then for Judgment to begin at the House of God as St. Peter saith for then where shall the Wicked and Vngodly appear Which Words struck so deeply that excellent Man * Qua non sicut caeteras partes epistolae in transcursu pervolavi sed lectionis impetu aliquantulum remorato concussam horrore quodam quasi repentè suborto mentem in his meam harare coegi atque in se altius verba illa tenaciusque defigere c. Eccl. Pont. Spec. Nicholas Clemangis by his occasional reading them that he forthwith took the hint and wrote his Book De Corrupto Ecclesiae statu May they so far affect our Superiors that they effectually set upon its Reformation For let may Right-hand forget its Cunning if I wish not Prosperity to the Church of England My Heart's Desire and Prayer to God for it is that it may be saved from those unreasonable Men on the one hand whose Designs and Principles are destructive to Order and Decency As also from those on the other who clamour high for the Form whilst they deny the Practice and Power of Godliness who can defile the Altar think they commute by an Adoration of the Gold of it May Learning and Religion flourish in the Clergy Holiness in the Laity and Reformation from that Formality Atheism and Debauchery wherein it is so dangerously and deeply sunk May those Rites be laid aside which are in themselves disputable and doubtful offensive to the Weak indifferent to the Strong so mischievous and pernicious to the Church as to be the Hole of the Pit from whence its Ruine and Destruction were formerly digged How bitterly from this Quarter it hath been assailed in the most august and National Assemblies of England a Cloud of Instances might be induced to prove Sir Edward (a) Collection of Speeches Dering in the first long Parliament made use of this Argument against it His Words