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A33842 A collection of papers relating to the present juncture of affairs in England Burnet, Gilbert, 1643-1715. 1688 (1688) Wing C5169A; ESTC R9879 296,405 451

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to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon ●ame and defective Probation as particularly the late Earl of A●gyle are contrai● to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burg●s contrair to the Liberties and express Charters is contrair to Law. That the sending Le●ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the ●ending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of Free Quarter is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrair to Law. That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrair to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances and for the amending strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted And from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland Be and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt Lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King WILLIAM and Queen MARY So help me God. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses
in the case of the Lawful Heirs whom every good Englishman and Protestant to their utmost Danger and Peril are ready to defend and maintain to take such Measures for our future Security and lawful Establishment as shall not by any Humane Art or Endeavour be liable to Interruption But as Precedents are least satisfactory or least confronting to obstinate Opposers where they make only for one party A Popish Sigismund deposed for Male-Administration in a Protestant Kingdom may not perhaps be allowed to carry its sufficient Justification with the Romanists and therefore the Tables ought to be turn'd and the Ballance made by Parallels of their own side the most prudent way of combating and securing a Victory in this matter being to lay the Scene of War in the Enemies Country To confute therefore and silence all the Romish Pretensions of Disgust and Murmur against the Injustice of such a Deprivation from Examples of Popish Deposals of Male-administring Protestants we 'll begin with Henry of Navarre afterwards Henry the Fourth of France The famous Holy League enter'd into by the Pope himself and so many potent Allies together with all the Romish Subjects of Fran●e against that undoubted Heir of the Crown of France and at that time by succession the rightful King is so notoriously known to the World that all the tedious Particulars of the History would be impertinent Let it suffice here was a Prince the unquestion'd Inheritor of the Crown of France actually by all Open and Hostile Means and all such Hostility avowed and abetted and his very Birth-right fore-closed by the Pope himself opposed and denied his Accession to the Throne for no other Unqualifications but be a Hugonot that is of a Perswasion contrary to the Establish'd and Regnant Romish Religion in France being in all other Respects acknowledged a most excellent Prince Insomuch that after all other ineffectual Endeavours of recovering his Birth-right he had no means left to repeal his Exclusion and Debarment from the Throne but by his Abjuration of the Reformed Religion and return to the Romish Worship This Case of Henry the Fourth instead of a Parallel to ours does not come up to half the Justification of the present Measures of England For here was a Soveraign Prince under Deprivation for no other Default but his meer Religion for this Henry the Fourth being then but in his Entrance to the Empire if truly that was consequently yet at least whatever they might fear under no Dilemmas of the least breach of Compact with his People no Forfeitures for Male-Administration or Violation of the Laws of the Land or Rights of his Subjects their Dangers as then being only Apprehensions If therefore the meer private Opinion of a Crowned Head different from the Establish'd Religion of the Land has been of weight enough it self alone in their own Scales to oversway the Birth-Right of Princes and make a Bar to Empire and that too so solemnly confirmed and ratified even by the Sanction Apostolick the Decretals of Rome it self What Objections or Allegations can our Romish Disputants whether Foreign or Domestick make against the like Bar in Empire after so notorious an actual Male-Administration in the present Case of England such too visible Ruptures of the Laws of the Land and in defiance of all Obligations of Engagements Covenant Word Honour or OATHS themselves The next Example I shall point them to is that of the late Portuguese King who by the Ordinance of the States of Portugal ratified by the Pope's Assent was dethroned and his Brother invested with the Soveraignty and not only that but his Queen too taken from him Divorced and by a Dispensation married to his Brother The Grounds of this Deposal being only this that the King was sometimes taken with Delirious Fits. If such a Personal Infirmity was ground sufficient to displace the Crown Have not the Peop●e or Community of England in Convention asse●bled as much Right on their Side for the Deposal of a King for a far greater Infirmity of the two a more violent Madness his lo●g tried and radicated Incapacity of being held either by the Bonds or Ties of Honour Laws or Oaths There being this infinite Difference between the Outrages of the one and the other as that a Prince so bigotted resolved for the Introduction right or wrong of his own Religion is the more Dangerous Frantick For his Superstitious Frency may push him to Violences that will hurt whole Nations whereas the Outrages of the other can be only Personal And if the Hands of the Lunatick Portuguese were thought Just to be tied up with no less Shackles than taking both his Kingdom and Queen away from him who shall Arraign the Wisdom of the English for depriving their King of his Kingdom much good may do him with his Queen under an infinite larger Capacity and more dangerous propensity to Mischief And for so doing what Warrant shall they want when the present unforced Desertion of the King and quitting the Helm has put the Power of Decision in that Point into their own Hands and lost him all Right of Appeal against the Alienation I shall venter to add one last Consideration viz. The Bull of Pope Pius Quintus against Queen Elizabeth by which the Pope deprives her of all Title to the Imperial Crown and all Dominion Dignity and Priviledg whatever declaring that all the Nobility Subjects and People of England and all others which have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience c. and all forbidden to obey her or her Motions Mandates or Laws upon pain of Anathema Vide Bishop of Lincoln's Brutum Fulmen p. 6. I recite this unjust Deposal of a Lawful Queen by the pretended Authority of the Pope no other than to let the World know that the Romish Party have the least Reason in Nature to complain of the Deprivation of Princes They whose Infallible Guides can so insolently and arbitrarily place or displace Crown'd Heads not to mention the Illegality of the Pope's Interposition in the Affair in any kind for only acting by Law in Matters of Religious Changes for such were all Ecclesiastick Alterations of that Queen by the unquestion'd Authority of Acts of Parliament can be but ill furnish'd with Arguments against the present Deprivation enacted by the whole Community of England for such violent Measures and Foundations already form'd and begun for the subversion of Church and State against all Law. Reasons humbly offer'd for placing his Highness the Prince of Orange singly in the Throne during his Life I. IT will be a clear Assertion of the Peoples Right Firm Evidence of a Contract Broken and a sure Precedent to all Ages when after a most Solemn Debate the Estates of England Declare That the King having Abdicated the Government and the Throne thereby Legally Vacant They think fit to Fill it again with One who is
those the Opportunity to retrieve the Credit they have lost by other Mens Faults We were also very apprehensive of the ill Consequences of the dispensing Power especially in the case of Sr. Edward Hales but it seems the Common Council of London are forbid to take the usual Oaths and yet required to act which is an unqualified Capacity We were in hopes we had lost a rude Army but we have found a ruder twenty places cry out of them and Kingstone certainly with great Justice that in two Nights time was two hundred Pounds the worse for them And for Closseting we have got Questioning that they that won't enter into Associations to protect the Prince of Orange without one of our King is to have no Imployment so that if the Prince should take the Crown I am bound to defend him against my own King and my sworn Allegiance though he come in the right of his Crown Believe me my Lords it is the boldest bid that ever Men made I see Forty one was a Fool to Eighty eight and that we Church of England Protestants shall cancel all the Merits of our Fathers overthrow the Ground and Consequence of their most exemplary Loyalty to King Charles the first and second render their Death the Death of Fools trample their Memories and Blood under our Feet subject our selves to the just Reproach of the Phanaticks whose Principles and Practices we have outdone even to that King that we forced upon them and by our Example had brought them to live well withal God help us this my Lords makes me say that either we must turn from being Church-of England-Men or steer another course for it is but too plain that Presbytery is leading us out of our ancient way and whether we believe it or no our Church sinks and will more for that is the Interest that suits best with a Dutch Humour and Conjunction and be sure if we are so base to leave our King God will be so just as to leave us and here my Lords I shall leave you with this humble motion that we make an humble Address to his Majesty to return home to us that we may act securely and not go out of the good old way which may intail Misery upon us and our Posterity I should think we have had enough of sending our Princes abroad in that much of the Inconveniency we have lain under since their Restoration has been chiefly owing to it We have driven him where we would not have him go and do what we can to provoke that League we have been afraid of and made a great part of the reason of this strange Alteration in the Kingdom Some tell us it is too late but I cannot comprehend the good sence of such an Objection Is it at any time too late for a King and his People to agree after bloody Battels it has not been thought so in all times and Nations and why it may not be without them I never heard a good reason yet If his going was unreasonable it has hurt him more than us since we may thence hope for the better terms if it was not a Fault to go it will be a great one in us if we can have him home upon good terms and will not for if I may with leave speak it his return is as much our Conveniency as his Advantage The offensive part of Him is gone that is to say the Power of Popery and what remains is our great Interest to keep and improve to our own Benefit and Safety I mean my Lords His undoubted Title and Kingship And whatever some hot Men say that are more governed by private Avarice and Revenge then the publick Good of these Kingdoms I cannot but renew my motion to your Lordships that we may send a Duke an Earl a Viscount and a Baron and two Spiritual Lords to invite his Majesty home upon the Constitution of the Government And my Lords forgive me if I say that if we can but get our Iuries Sheriffs Iudges High Courts of Chancery and Parliaments setled as they ought to be the Army at least reduced the Militia better regulated and a due Liberty of Conscience established to all Protestant Dissenters and so far to Papists only as the Law against Conventicles does admit we may yet be happy and upon these terms my Lords and no other will his Highness the Prince of Orange become truly meritorious with the English Nation Reflections on a Paper called a LORD'S Speech without Doors THIS Noble Lord would have done ingenuously in letting the World know his Name and whether he be a Lord or not for one cannot gather it from his Liberality of casting in a mite at this time when mean People such as Trades-men have more generosity and effectually contributed to the publick Peace and Honour of the Nation And as to his dissenting to some leading Lords on the account of Conscience we are in the dark as to what sort of Conscience his is whether Papist or Phanatick Conscience or indeed whether it be any Conscience at all which makes him differ from some leading Lords for the making of Speeches within or without Doors is no infallible Mark of either But he says He cannot forbear thinking that a greater Reproach can hardly come upon a People than is like to fall on us Protestants Ah good Soul what 's the matter Are the Protestants at length found to be the Firers of ●heir own City or Sr. Edm-B Godfrey and the Earl of Essex's Murtherers c. Why no O it s this unpresidented Vsage of our poor King. A good tender-hearted Jesuit I 'le warrant thee that has entred with Campian into an Holy League and Covenant to destroy all Protestant Kings and Princes unless they become as bigotted to the Society as the poor King was But let me take the Boldness to ask your Honour one Question Is there no time when compassion is due to the Country Religion is the Pretence but some fear a new Master is the thing And is it any wonder if a new Master be desired when the old one will not let me serve him but will destroy me and perhaps himself too this being a clear case and evident to all Orders and Degrees of Men among us We see how feeble a thing Popery is in England and it is I do not doubt your Lordships great Grief that your old Master may not be let in again to strengthen and revive her drooping and almost decayed Spirits But why did not the Prince stop when he heard a Free-Parliament was calling by the Kings Writs where all matters especially of the Prince of Wales might have been considered c. As to a Free-Parliament is it not evident to all the World that the King could not bear it Besides who told his Lordship that his old Master would abide by the Decisions of a Free-Parliament touching the Legitimacy or Spuriousness of his Prince of Wales The Kings Guards were changed and at
same Ruin upon the Kingdom as those Barons did by their Delay Lastly If the Discusser will not be convinc'd by what has hitherto been said Let him examine the King 's own words and try whether he can pick out any better Construction out of them then that which I shall make Says the late King in his Letter to the Earl of Feversham Things being come to that Extr●mity that I have been forc'd to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies hands I am oblig'd to do the same thing and to endeavour to secure my self the best I can c. Expres●ions of a disponding Mind and only full of Grief for the Disappointment of the Popish Career The King was afraid of the Queen and his Son the Prince of Wales as he calls him and therefore deeming it convenient to send Them out of the way believes himself oblig'd to follow them 'T is true there might be some Reason perhaps for him to send Them away but none to send away himself not being under the same Circumstances For let it be Paternal or Conjugal Affection or both together What could be a greater Desertion than this for the sake of a Wife and a Son to leave three Kingdoms at six and sevens He speaks of securing himself as well as he can but mentions nothing of Danger only leaves it to the Lord Feversham and others to presume the Causes of his Fears But certainly the apprehension of Danger can never excuse a Sovereign Magistrate from the Desertion of his Dominions at the same time striving and strugling under the Pangs of the Dissolution of Government If such a Desertion of his Territories in that forlorn and languishing Condition to accompany the Tribulations of a Wife and a Son be not a perfect Abdication of his Territories the Words relinquish desert forgo abandon abdicate have lost their Signification Thus Lysimachus in Plutarch de sera vindicta Dei after he had surrendered his Person and Dominions to the Getae for a Draught of Drink in the extremity of a parching Thirst when he had quench'd his Thirst cryed out O pravum Hominem that for so small a Pleasure have lost so great a Kingdom He would be thought very unfit to be the Master of a Ship that should throw himself into the Sea when his Vessel and Cargoe were almost ready to perish And I will appeal to the Lord of Wemm himself whether if he were to try an Abdicating Prince upon this Point with the same Huffing and Domineering as he did Inferiour Offenders he would take it for a good Justification to say I had thought or I apprehended my Person to be in Danger Rather it becomes a Prince at such a time to exert his Courage and contemn his own when the publick Security lies at stake especially when the Remedy propounded was so easy as the Convoking of a Free Parliament But to withdraw at such a perillous Conjuncture from the Application of his desir'd nay almost implor'd Assistance What can the Discusser think of himself to deny so plain an Abdication And this I take to be the Opinion of the late King's Abdication intimated by the Lords Spiritual and Temporal assembled at Guild-Hall Decemb. 1688. where they are pleased to say That they did reasonably hope that the King having sent forth his Proclamation and Writs for a free Parliament they might have rested secure as doubtless the King might also have done in that Meeting But his Majesty having withdrawn himself c. they did therefore unanimously resolve to apply themselves to his Highness the Prince of Orange c. That is to say The King having withdrawn himself from the Cure of the Grand Distempers of the Nation and consequently Abdicated the Government they resolv'd to apply themselves to a more Skilful at least a more Willing Physician Which had the Discusser more considerately discuss'd when he wrote his Discussion would have sav'd him a great deal of trouble and expence Thus much for the Reasons which the Discusser brings to prove that the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger and that therefore it cannot be call'd an Abdication That which follows being altogether grounded upon certain Statutes and Laws of the Land to the knowledg of which the Discusser seems to be a great Pretender is answer'd in a Word That they who pronounc'd the Throne Vacant understood the Latitude of their Power and the Intent and Limits of the Laws and Statutes of this Realm to that Degree that if nothing else the Consideration of that might have deterr'd the Discusser from the Presumption of appearing so vainly and scandalously in the World. Nor would I be thought so impertinent to transgress the Bounds of my own Understanding as he has done For indeed to tell ye the Truth if the Discusser should come to a Trial at Westminster-Hall I am afraid the Lawyers will certainly inform him that he has very much either mistaken or misquoted his Authors FINIS SATISFACTION tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of FEALTY and ALLEGIANCE In a LETTER to a FRIEND By R. B. late Rector of St. Michael Querne London And now Rector of Icklingham All-Saints Suffolk SIR I Cannot but admire at the Stiffness not to say Obstinacy of some in not complying with the present Government considering the late danger of Popery and that an Arbitrary Power was exercised amongst us by our late Rulers in asserting their Dispensing Power by the Mercenary Judges declared to be Law. You may remember in our late Conference upon this Subject you pleaded in Defence of your selves and others the Obligation you lay under to the Oath of Allegiance with your Subscription to the Doctrine of the Church of England contained in the 37 th Article and the First Canon of the Church but if it appear that all this is rather grounded upon Mistake than any solid Reality I will not question your ready Submission Oaths I confess are very strong Ties upon Men of Conscience and they are to be tenderly dealt with until that Prejudice be removed give me leave therefore with Sobriety and Meekness to enquire Whether that Oath be still in Force with the Obligation to it if not that Plea must vanish and disappear And here first let me remind you of the occasion of imposing the Oath of Allegiance it was injoyn'd to distinguish betwixt Church and Court Loyal and Disloyal Papists upon that horrid Gunpowder-Treason which hath left a Stain of Villany and Cruelty upon that Religion never to be wiped off Read over the Anatomy of that Oath made by K. Iames the First in his Book of the Defence of it And what is there in if that can stick upon any Protestant except that Clause of denying all Foreign Jurisdiction Prince or Potentate And this you seem'd to hint at when you said the
If the dissatisfied Party accuse the Convention for making the Prince of Orange King it is not my Duty to judge those above me therefore I shall only say that if they have done ill Quod fieri non debuit factum valet a●d they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS The TWELFTH and Last Collection of Papers VOL. I. Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. The Secret League with France proved II. The Reasons why the late King Iames would not stand to a Free and Legal Parliament III. The Reason of the Suddenness of the Change in England IV. The Judgment of the Court of France concerning the Misgovernment of King Iames the Second V. The Emperor of Germany his Account of the late King's Unhappiness in joining with the King of France VI. A full Relation of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England c. VII The Declaration of the Lords Spiritual and Temporal and Commons of England concerning their Grievances presented to King William and Queen Mary With their Malesties Answer VIII The Declaration of the States of Scotland concerning their Grievances IX The Manner of Proclaiming King William and Queen Mary at Whitehal and in the City of London Feb. 13. 1688. X. An Account of their Coronation at Westminster Apr. 11. 89. XI The Scots Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland XII The manner of their taking the Scotish Coronation Oath at Whitehal May 11. XIII The Coronation Oaths of England and Scotland London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. The Secret League with France proved 1. BY the Treaty managed by the Dutchess of Orleans between Charles II. her Brother and Lewis XIV 1670 published by the Abbot Primi in his History of the War with Holland with the priviledg of the French King This Treaty expresly tells us That the French King did promise Charles II to subject his Parliament to him and to Establish the Romish Religion in his Kingdom But before this could be done the said Dutchess told him the Haughtiness and Power of the Hollander must be brought down 2. By the Current of the Design throughout all Coleman's Letters which contain nothing else but the Conspiracy of the Duke of York and the Jesuits against the Government and the Protestant Religion For you know says he in his Letter to Sir W. Throgmorton Feb. 1. 1674 5. when the Duke the late King Iames comes to be Master of our Affairs the King of France will have reason to promise himself all things that he can desire c. Both he and the two Royal Brothers being closly joined together to destroy the Northern Heresy as he in his Letter to Monsieur La Cheese assures us 3. Which Friendship with the French Court is further confirmed by a French Author who wrote the Life of Turene in which he brings in the Duke of York lamenting the Death of that great Marshal of France after this manner Alas says the Duke the loss is great to me in that I am greatly disappointed in those great Designs I have been long meditating upon if ever I come to the Crown of England For the sake of which Passage the then Secretary of State of England forbad the printing of that Book which was then translated and prepared for the Press 4. The French Ambassador at the Hague in a Memorial to the States General Sept. 9. 1618 peremptorily declares there was such an Alliance between the King his Master and King Iames II as to oblige him to succour him c. 5. Both King Charles II and King Iames II were so engaged with the great Nimrod of Franc● that ●hough several Parliaments of England strugled hard to break the Friendship and gave a vast Sum of Mony in order thereunto yet all in vain And King Iames II was so eager to follow the French Measures that after the Defeat of Monmouth he declared to the Parliament that for the time to come he would make use of Popish Officers as well as keep up a standing Army contrary to Law. 6. We have had sufficient Evidences of his Designs by the care he took to fill his Army with Irish Papists at the same time that he disbanded all the Protestants that served him in Ireland that he might always have an Army at hand in that Kingdom ready to promote his Popish Designs in England which could not be done without a Secret League with France and without a very express assurance of being vigorously supported from thence when the nick of time should come 7. His flying to France and secret conspiring with the great Levi●t●an there and bringing French Aids with him into Ireland are no other than the putting the Secret League into Execution Many more Proofs may be produced but what has been said may convince any rational unprejudiced Protestant As for those Pharisees that wilfully shut their Eyes of whom we may say That seeing they see and do not peeceive because they are resolved not to yield to the most convincing Evidences that this Affair is capable of for the Parties concerned will hide it as much as they can I bewail their Condition and believe they are so obstinate that only the French Dragoons those booted Apostles can convince them when they come with the League in their Hands to put the Popish Penal Laws in Execution on their Backs from Ne●ga●e to Tyb●●n The REASONS why the late K. James would not stand to a Free and Legal Parliament proposed to those that are fond to have him again WHEN the Prince of Orange now our Gracious King his Glorious Expedition was first made known to the late King he resolved to have a Parliament upon the Belief that he should have been intirely Master of the Lower House by Reason of the Regulations he had made in Corporations in order to his Popish Designs But when he was forced to take other Measures as he told the Dissenters when he sent for them in the time of his Distress in restoring the Charters the Bishop of London the Fellows of Magdalen-Colledg c. He dreaded nothing more than a Parliament on the old Foundations to which the Prince in his Declaration had referred all for he knew several things would have been done by such a Parliament that he chose rather to perish than submit to 1. The first thing is The Examination of the Birth of the Prince of Wales as he is call'd the questioning of which was a Stab at his Heart as appears by his last Letter And the Reflections on the Bishops Petition mentioning That as a Business not fit to be referred then to a Parliament 2. The next thing was That Justice would certainly have been demanded against the Evil
to whom the Irish are compar'd by Historians for their Idleness and Inhumanity tho not for their Wit. The Persecutions of the Protestants in the Vallies of Piedmont are another instance of Popish Immanity and Baseness they were under the common shelter of publick Pactions and Treaties and had been solemnly own'd by the Dukes of Savoy to be the most Loyal and the most Couragious of their Subjects The present Duke who undertook this last Persecution was not content to destroy them with his own Troops but call'd in the French to assist at the Comedy to shoot them off the Rocks to hunt them over the Alps and to sell the strongest of them to the Gallies that the very Turkish Slaves themselves might deride and insult over them Catholicks who have not Power or Opportunity to execute the same things seem to condemn the Conduct in Publick but sing Te Deum in Private and as soon as ever they have got a sufficient Force commit the like Barbarities so essential to their Religion that all the Instinct of Nature cannot separate them The Holy Father at Rome tho he sets up for a moderate and merciful Pontificate order'd Te Dèum to be sung up and down for the extirpation of Heresy out of France and Piedmont and our English Catholicks have given us as their Army and Interest encreas'd several Proofs how well they can juggle and disguise themselves setting up Courts of Inquisition turning Protestants out of all Employs and even out of their Freeholds dispensing with Laws Ravishing Charters packing Corporatione c. and all under a notion of Liberty or a Divine Right they with their Accomplices defended illegal Declarations and set up an Authority above all our Laws under the Cloak of a sham Liberty of Conscience racking at the very same time the Consciences of the Church-of England-men and undermining the Foundation of our State. If Mr. Pen and his Disciples had condemn'd the unlawfulness of the Declarations and the Dispensing Power when they wrote so fast for Liberty of Conscience they had then shew'd a generous Zeal for a just Freedom in Matters of Religion and at the same time a due Veneration to the Legislative Power King Lords and Commons but the secret of the Machine was to maintain and erect a Prerogative above all Acts of Parliament and consequently to introduce upon that bottom Tyranny and Popery yet notwithstanding all this uncontroulable Power and shew of ●randeur an Easterly Wind and a Fleet of Fly-Boats would cancel and undo all again Our Monkish Historians relate of King Iohn that being in some distress he sent Sir Tho. Hardington and Sir Ralph Fitz-Nicholas Ambassadours to Mirammumalim the great Emperor of Morocco with offers of his Kingdom to him upon Condition he would come and aid him and that if he prevail'd he would himself turn Mahometan and renounce Popery I will not insist upon the Violations of Laws and Treaties in the Low Countries or the Spanish Tyranny over them because the Spaniards have got so much by that Persecution and Cruelty that they might be tempted to practise the like again for by forcing the Netherlanders to take up Arms for their Defence and by necessitating Queen Elizabeth to assist and preserve them they have set up a Free and Glorious State as they themselves have call'd them in some Treaties that hath preserv'd the languishing Monarchy of Spain and the Liberty of Christendom The base and cowardly Massacre of that great Hero William Prince of Orange of the Renowned Admiral Coligny and the Prince of Conde the many Bloody Conspiracies for the Extirpation of the whole Race of the House of Orange the Murders of Henry the Second and Henry the Fourth are all Records and everlasting Monuments of Popish Barbarity what incredible Effusions of Blood hath been occasion'd by the frequent Revolts of the Popes against the Emperors by the Image-Worship and the Holy Wars What Treachery in the Bohemian Transactions and Treaties What Inhumanity in burning Ierome of Prague and Iohn Hus when they had the Emperor's Pass and all other publick Securities from the Council it self that put to Death those two good Men. The Reign of Queen Mary is another Scene of the Infidility and Treachery of the Church of Rome what Oaths did she take What Promises and Protestations did she make to the Suffolk Men who had set the Crown upon her Head and yet they were the first that felt the strokes of Persecution from Her Read her History in Fox's Martyrs and Dr. Burnet's History of the Reformation The many Conspiracies to destroy Queen Elizabeth and King Iames the Gunpowder-Plot the Counsels carried on in Popish Countries to take off King Charles the First and the many late Popish Plots are a continued Series and Thred carried on by the Church of Rome to break through all Laws both of God and Man to erect an Universal Monarchy of Priest-Craft and to bring the whole World under their Yoke The Swedes have taken an effectual and commendable way to keep Popish Priests and Iesuits those Boutefeus and Disturbers of Societies the declared Enemies to the Welfare of Mankind out of their Countries by Gelding them and consequently rendring them incapable of Sacerdotal Functions tho the Priests have found out a Salvo and will say Mass and Confess if they can procure their Testicles again and carry them in their Pockets either preserv'd or in Powder In Aethiopia China and Iapan the Romish Priests have been so intollerably turbulent and such extravagant Incendiaries that they have been often banished and put to Death so that now they disguise themselves all over the Eastern Nations under the Names and Characters of Mathematicians Mechanicks Physicians c. and dare not own their Mission to propagate a Faith which is grown ridiculous all over Asia The long and dreadful Civil Wars of France the many Massacres and Persecutions and lastly the Siege of Rochel are living Instances how far we may rely upon Engagements and Laws both as to the taking of that Bulwark and the promised Relief from hence The Protestant Defenders of it refusing to rely any longer upon Paper Edicts and the Word of a Most Christian King had this City granted them as a Cautionary Town for their Security for before they had always been deluded out of their Advantages by fair Promises insignificant Treaties and the Word of a King yet Lewis the 13 th following the vitious Examples of Treacherous Princes fell upon this Glorious City which upon the account of their Laws and Privileges made a Resistance and brave Defence having never heard of Passive Obedience amongst their Pastors thinking it more lawful to defend their Rights than it was for Lewis to invade them As for the late and present Reign here in England they are too nice and tender Things for me to touch whether the Transactions of them are consistent with the Coronation Oaths the many Declarations Protestations publick and solemn Promises I am no fit Judg
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commis●ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Arch●bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes t●an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from b●ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
any ill designs if any have been tampering to reconcile him to Popery which is no less than Treason he will presently detect those mischievous Instruments that they may be brought to condign Punishment and applaud the Iustice that has been done on Coleman the five Jesuits Godfrey's Murderers c. thereby stopping the Mouths of that brazen Tribe who would make the World believe they died innocently He will declare 〈◊〉 all Arbitrary Designs detest those who by sneaking flatteries would un●●ng● the ancient and most wise Constitution of our Government He will heartily recommend Parliaments to his Sacred Brother as the wisest and safest Councils and even thank the late Houses of Commons for their zeal against him whilst they apprehended him as an Enemy to his King and the Religion and safety of the Kingdom He will vigorously by his Counsels and Interests oppose the growing greatness of the French which at this day threatens all Europe with Chains and immediately tends not only to the decay of Great Britains Trade and Glory but also to the diminution oppression and if it lay in humane Power utter subversion of the Reformed Religion throughout the World. These and the like Noble Fruits will the People not unreasonably expect from your R. H. when ever you shall please to declare your self a Protestant which that you may speedily do not Politickly or Superficially but with that sincerity as so serious a matter of infinite more value than the Three Crowns you are Presumptive Heir to is the Prayer of all good Men and particularly of Your Royal Highness 's Most Humble and Faithful Servant Philanax Verax LONDON Printed and are to be sold by Richard Ianeway 1688. Ten Seasonable QUERIES Proposed by an English Gentleman in Amsterdam to his Friends in England a little before the Prince of Orange came over I. WHether any Real and Zealous Papist was ever for Liberty of Conscience it being a fundamental Principle of their Religion That all Christians that do not believe as They do are Hereticks and ought to be destroyed II. Whether the King be a Real and Zealous Papist If he be Whether he can be truly for Liberty of Conscience III. Whether this King in his Brother's Reign did not cause the Persecution against Dissenters to be more violent than otherwise it would have been IV. Whether he doth not now make use of the Dissenters to pull down the Church of England as he did of the Church of England to ruin the Dissenters that the Papists may be the better enabled in a short time to destroy them both V. Whether any ought to believe he will be for Liberty any longer than it serves his Turn and whether his great eagerness to have the Penal Laws and Test repealed be only in order to the easie establishing of Popery VI. Whether if these Penal Laws and Test were repealed there would not many turn Papists that now dare not VII Whether the forcing of all that are in Offices of Profit or Trust in the Nation to lose their Places or declare they will be for Repealing the Penal Laws and Test be not Violating his own Declaration for Liberty of Conscience and a new Test upon the People VIII Whether the suspending the Bishop of London the Dispossessing of the Fellows of Magdalen Colledge of their Freeholds the Imprisoning and Prosecuting the Seven Bishops for Reasoning according to Law are not sufficient instances how well the King intend to keep his Declaration for Liberty of Conscience wherein he promiseth to protect and maintain all his Bishops and Clergy and all other his Subjects of the Church of England in quiet and full enjoyment of all their Possessions with any molestation or disturbance whatsoever IX Whether the Usage of the Protestants in France and Savoy for these three years past be not a sufficient Warning not to trust to the Declaration Promises or Oaths in matters of Religion of any Papist whatsoever X. Whether any Equivalent whatsoever under a Popish King that hath a standing Army and pretends to a Dispensing Power can be as equal Security as the Penal Laws and Test as affairs now stand in England FINIS A SIXTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Five Letters from Scotland giving Account of expelling Popery from thence II. The Prince of Orange's Speech to the Scots Lords and Gentlemen met at St. Iames's With their Advice to the Prince to take upon him the Administration of the Affairs of Scotland With his Highness's Answer III. A Letter to a Friend advising in this Extraordiry Juncture how to Free the Nation from Slavery IV. The Application of the Bishop and Clergy of London to the Prince of Orange Sept. 21. 1688. V. An Address of the Nonconformist Ministers of London to the Prince of Orange VI. The Address of the City of Bristol to the Prince of Orange VII A Word to the Wise for Setling the Government VIII A Modest Proposal to the present Convention IX An Historical Account touching the Succession of the Crown X. A Narrative of the Miseries of New-England by reason of an Arbitrary Government erected there Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Advertisement VVHereas there is a sixth and seventh Collection of old Papers with new Title-Pages remote from the present Juncture of Affairs published by R. Baldwin The Reader is desired to take notice that the Person that collected the first five Parts will continue them from time to time as often as matter occurs in which he will take care not to impose any thing but what is new and genuine and worth the Reader 's Money To be sold by Richard Ianeway in Queen's-Head Court in Pater-Noster-Row who sells the former five and so all that shall follow Five LETTERS From a Gentleman in Scotland to his Friend in LONDON Being a True Account of what Remarkable Passages have happened since the Prince's Landing The manner of the taking of the Chancellor and his Lady in Man's Apparel The burning of the Pope Demolishing of the Popish Chappels c. with the total overthrow of the Roman Catholicks Edinburgh Decemb. 3. 1688. THE Students of the University here designed some time ago to burn the Pope's Effigies but that was not more zealously desired to be prevented by some than to be done by others Notwithstanding all the imaginable Care taken to prevent it yet it was done about Ten Days ago after day-light gone at the Cross and blown up with Art that seems to have been beyond their Invention above four Stories high Two Days thereafter they went to the Parliament-House at mid-day passing by the Guards crying No Pope No Papist And being got into the Parliament-House after they had required the Guards to be present at the Sentence and having got upon the Bench they Arraigned his Holiness before his Judges and gave the Jury their Commission who brought him in
to return to his Government under such legal Restraints as shall give security to the most jealous Persons for the preservation of their Laws Liberties and Religion i● horribly decryed c. yet the only Reason against it is because it is vain Now Sir that Reason is so very good that it may perhaps justily that dreadful Consequence you so shrink at for though I do not doubt but you are a wonderful Legislator yet if Twenty wiser Men than you were joined with you to frame these new Laws yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives and he will break through all your Restrictions with wonderful Facility as we have seen by Experience But then if you leave him the Name and take away the Power of a King you set up a Common-wealth immediately which will not end with your Popish Prince but there will be stickling to keep all things in the same State in the following Reign of what Religion soever the Prince is which was the Reason why the Limitations offered by Charles II. in 1679 were rejected And let it be remember'd also how well that Prince that was supposed to be a Protestant kept his Word and the Solemn League and Covenant which he solemnly with Hands and Eyes lifted up to Heaven swore to observe in Scotland c. Well but we would have thought our selves very secure if the King would h●ve called a Free Parliament Yes Sir if he would have call'd it Freely so that it had been the production of his Will without Force but Sir it is notorious he was resolved the Parliament should either not be free or not meet and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last in which the Author tells us That the summoning a Parliament 〈◊〉 is so far from being the only way to prese●ve His Majesty and the Kingdom that it will be one of the principal causes of much Misery to the Kingdom c. and nothing would do then but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say Sir If you cannot remember this you shall never be trusted to frame Laws if I can help it There is another and a better Reason to refuse a Treaty than the fearing the King should comply Suppose that he should grant all that you can ask bating White-Hall the Reve●●e the Title of King and the Right of calling Parliaments and making Peace and War What Security have we that he will acquiesce in this low restrained Estate Oaths Laws and Promises we had before but what did they signify Who shall be Guarantee what shall we do if he break out again In short quis eustodiet Custodes So that the many who desire a Treaty are desired to read the Enquiry into the presen● State of Affairs that they may not come into the Discipline of the severe Lady who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with if God and H. W. P. O. had not saved us But if the Convention should refuse to treat and Depose the King it would act without a Legal Power § 8. Why Sir here is no occasion to talk of a Deposition the King is gone of his own accord freely and they are only to consider whether we shall perish in a State of Anarchy re●al him and suffer over again all that is past and all that was intended but prevented or whether they shall recognize the next immediate Heir and enquire who that is Well but the next Heir it seems shall have small joy of it his whole Authority depending on a Convention that has no Authority In good time Will the Authority of this Prince when acknowledged depend on the Authority of the Convention Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights But no Man will think himself bound in Conscience to obey this Heir Have you Sir the keeping of all Mens Consciences or the knowledg of their Thoughts I can assure you mine is not in your custody § 9. All those who think themselves bound still by their Oath of Allegiance to defend the King's Person his Crown and Dignity c. will be greatly discontented Why Sir then they may go over into France and be admitted into his Guards and perhaps the generous Allowance given him by the French King will maintain them if their Heresie do not over-ballance their Loyalty and turn it into a Crime as it happened to the H●gonots Well but they will never own any other whilst their own King lives Assuredly this is a wonderful Man if he could but as certainly inform us of the number as he can of the Thoughts and future Actions of these Loyalist's Well but if they should happen to be Persons of known Prudence Abilities Integrity Honesty though they were never so few and never so tame it would give a terrible stroke to this To●t●ring Government Why Sir all or the greatest part of such Men in the Nation were a dreadful Body tho they were and ever will be few but Sir there must be a considerable Body of such Men first satisfied in the Convention a number without Doors are already satisfied and more will when the States have passed their Resolves and the remainder of the Men of this High Character who will still remain Discontented if they are any thing Peaceable though not over Tame will never be able to shock the most T●●tering Government in the World by their Examples how well soever he thinks of them Yet § 10. He endeavours to shew the number will not be small because many who joyned with the Prince are ashamed of what they have done and ask God pardon for is and are ready ●o undo it as far as they can Well Sir how many such do you know besides your self A List of these Men were worth the having and may perhaps be easily taken if one knew how to separate them from the rest however I should not fear greatly the terrible Shock of these wonderful Men till I had better information of their Numbers than you can possibly give us They were not willing to part with the King tho they were horribly afraid of Popery Why Sir has the King changed his Religion in France or are those Gentlemen so fond of the King that they would now be contented to suffer all that Popery threatned so lately Or are they become as weary of their Delivery as they were before of Popery Or will they sacrifice their Laws Religion old Foundations and Free Parliaments to their Allegiance to their King If you say Yes I have done if no then you would have what was not to be had and will not be contented with what may be h●d and if the Number of these Men is great farewel
by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supream Power Real has a Right to Renew or bring back And the most ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a Series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so model'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King. There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husband's Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which wit●out Flattery is agreed on by all Men. 3. It asserts the above-said Power in the Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Iews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the Hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Iephthah Samson and others were invested by Heaven with the Supreme Authority And though Ioshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Iordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any Influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood It looks like so many Marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these of your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertte as Rashness is a Vice. For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour
proposing to or rather imposing upon the Nation What is it they would be at And what are the Ends they are driving on Are they just and good Are they generous and honorable Or are they not rather such as would undermine the Government both in Church and State and reduce us to a state of Nature wherein the People are at Liberty to agree upon any Government or none at all Plainly they would reduce us to the Dutch or some other foreign Measures which how well soever they may agree with that Country where they are setled and confirmed partly by Custom and partly by the peculiar Necessity of their Affairs can never be well received in England till an Act be passed to abolish Monarchy Episcopacy and all the Fundamental Laws establish'd by Magna Charta and all succeeding Parliaments ever since The Enquixy into the Measures of Submission to the Supreme Authority is a Treatise calculated for the times but surely it is not written according to the Principles and Practice of the Church of England in the time of the renowned Queen Elizabeth I am apt to think that some regard was then had to the Passages which we find in the Scriptures especially the Old Testament relating to the Measures of Submission But these Examples weigh nothing with our Author because they are not for his purpose pag. 5 6. I am also apt to suspect that Queen Elizabeth would not have thanked any Politician for vending this as a certain and fundamental Principle That in all Disputes between Power and Liberty Power must always be proved but Liberty proves it self the one being founded only upon a positive Law and the other upon the Law of Nature pag. 4. She I perswade my self on the contrary would have challenged any such States-man to have prov'd his Liberty as for her Power she would have answered it was ready to prove it self against all who should presume to question it But what 's the meaning of Power being founded only on a positive Law and Liberty upon the Law of Nature Is not a Father's Power founded as he grants upon the Law of Nature and is not all Power even of the greatest Princes as far as it is just and honest and for the Benefit of the Subject derived from this Paternal Authority of the Father over his Son Besides doth not the Law of Nature prescribe the Necessity of putting Power into the Hands of one or more for the Benefit of the whole which otherwise would be in danger of destroying it self by intestine Divisions In short If Liberty be founded upon the Law of Nature so is all just and lawful Power since the end of it is only to regulate our Liberty and in truth to make us more free Liberty in general is a right to use our Faculties according to right Reason and the Law in particular tells us which are those Rules of right Reason by which we must govern our selves And what is Law but the Commands of the Supreme Power where-ever it is lodg'd in the hands of the Prince the Senate or the People or of all of them together ordering what we are to do or avoid under the Sanction of particular Penalties I beg the Learned Author's Pardon for questioning his Measures in my Judgment they are not taken from the English Standard and therefore I hope I may without Offence use my Liberty in refusing them a Right which proves it self till he can prove his Power to impose them The Enquiry into the present State of Affairs is a Discourse which seems by its bold strokes to resemble the former I will say no more of it but this If what he there lays down for a certain Truth be really so then all that follows must be granted as reasonable Deductions from this fundamental Principle but if this be false all that he hath said falls to the Ground for want of a firm and solid Foundation to support it Now the Position which like a first Principle in Mathematicks he takes for granted is this It is certain says he pag. 1. that the reciprocal Duties in Civil Societies are Protection and Allegiance and wheresoever the one fails wholly the other falls with it This is his Doctrine which I have mentioned before but shall now consider a little more particularly 'T is indeed most fit and reasonable that Protection and Allegiance should always go together and accompany one another but that they do not do so is but too plain in the present case of England but doth it follow that because the King is not in a Capacity to protect his Subjects therefore he is no longer to be look'd upon as a King And if he be a King doth not this suppose that he hath some Subjects And if so I would gladly know what kind of Subjects they are who owe no Allegiance But let this Question be rul'd by his own Instance The Duty betwixt Father and Son. Suppose my Father to be so destitute that he cannot and so perverse that he will not protect and sustain me suppose him as churlish as Cain and as poor as Iob yet still he is my Father and I am his Son that is he still retains all that Power which by the Law of Nature a Father ought to have over his Child still the Relation holds betwixt us and whilst it doth so the Father's Faults or Necessities cannot evacuate the Duty of a Son which is founded not in the Fathers good Will or Abilities to defend him though it must be confess'd they are chiefly consider'd but in that fix'd and immutable Relation which God and Nature have establish'd betwixt them not to be dissolv'd but by Death So that if this learned Author will yield as he seems to do that Kingly Power is nothing else but the Paternal consign'd by the common consent of the Fathers of Families to one Person upon such and such Conditions specified in the Contract I cannot see how this Relation betwixt King and Subject can any more be utterly dissolved than that betwixt a Father and his Son. I shall say no more to this Discourse and if what I have already said do offend either against the Principles of Reason or the Law of England I am willing to be corrected and acknowledg my Error There is another little Paper which yet gives such a great stroke to the Government that it ought not to be pass'd over without some Animadversion The Sheet which I mean is that which is call'd Advice before it be too late or A Breviate for the Convention This Paper bespeaks its Author to be of the same Complexion and Principles with him who writ the Word to the Wise and the four Questions debated They do all of them suppose that the Government is fallen to its Centre or Root from whence it sprang that is to the People as the Word to the Wise expresses our present case I know not what can be a more effectual Answer to these Pamphlets and take
Dissenter of one sort himself The King therefore that was so lately could not really put the Catholicks upon Conformity and if he would appear equal to all his People he could not put ●ny other Dissenters on it neither for the same Cause That which the Law requires was both in his Conscience and in theirs a thing prohibited of God. He could not therefore put the Laws in Execution being against God. And if He could not do it acting only but as an honest Man that abides by his Principles we have no reason to apprehend that so good a King and Queen as we have now should be ever brought to do it maugre all the Enticements of the Church of England or Frowns of the Church of Rome FINIS ADVERTISEMENT A Third Volume of Sermons Preached by the Late Reverend and Learned Thomas Manton D.D. In Two Parts The First containing LXVI Sermons on the Eleventh Chapter of the Hebrews With a Treatise of the Life of Faith. The Second containing a Treatise of Self-Denial With Several Sermons on the Sacrament of the Lord's-Supper And other Occasions With an Alphabetical-Table to the Whole Sold by Thomas Parkhurst and Ionathan Robinson ELEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. An Answer to the Desertion Discuss'd being a Defence of the late and present Proceedings II. Satisfaction tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of Fealty and Allegiance III. Dr. Oates his Petition to the Parliament declaring his barbarous Sufferings by the Papists IV. An Account of the Convention of Scotland V. A Speech made by a Member of the Convention of the Estates in Scotland VI. The Grounds on which the Estates of Scotland declared the Right of the Crown of Scotland Forfaulted and the Throne become Vacant VII The Opinion of two eminent Parliament-Men justifying the Lawfulness of taking the Oaths of Allegiance to King William and Queen Mary London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. AN ANSWER TO THE DESERTION DISCUSS'D IF many of our Long-Rob'd Divines pust up with a Conceit of their own Parts would but keep closer to their Texts and their Duties most certainly our Peace and Union would be much firmer and more assured then it is For being sway'd by Interest and Profit they are more afraid of losing the Advantages of Earthly Preferment then the Treasures of Heavenly Felicity Unless they swim in their own Wishes and Desires all Things are out of Order The Church is in danger they cry here are Sharers coming in among Us And by an odd kind of Ecclesiastical Policy seem rather inclinable to return under the Yoke of Popery then to endure the Equality of a Dissenting Protestant rather to be at the check of a Pope's Nuncio then suffer the Fraternity of a Protestant Nonconformist They said nothing to the late King till he began to touch their Copy-holds then they call'd out for Help and now they are angry with their Relief because they are afraid of well they know not what And this is their Misfortune that if all things answer not the full Height of their Expectations they are the first that should be last dissatisfied If all things go not well as they imagine they presently grow moody and waspish and while they insinuate their empty Notions into others who admiring the fluency of their Pulpit Language either out of Ignorance or Laziness allow them a Prerogative over their Understandings the whole Nation must be embroyl'd by their Surmises and Mistrusts Else what had that Gentleman who wrote the Desertion Discuss'd to do to busy his Brains with a Subject neither appertaining to his Function nor proper for his Talent Why should he be setting himself up against the voted Judgment of ●he chiefest and greatest part of the Kingdom A Man of his Profession would have doubtless better employ'd himself in contemplating the Story of the Three Murmurers against Moses and there have learn'd a more sanctifi'd Lesson then to exalt his Sophistry against the Debates of a Solemn Assembly contriving the Publick Preservation For certainly never was a fairer Prospect then now since the many Revolutions under which the British Monarchy has labour'd of its being restor'd to its ancient Grand●ur and Renown and of enjoying the Advantages of Peace and Prosperity in a higher measure then ever So that it must be look'd upon as the Effect either of a most pernicious Malice or a strange distraction of Brain for such Discussers as these to be throwing about the Darnel of their nice and froward Conceptions on purpose to choak the Expectations of so glorious a Harvest For they must be Men that want the government of right Reason within themselves as being enslav'd either to vicious Custom or partial Affection or else they would never run themselves and others with so much precipitancy into the shame and ignominy of upholding the subvertors of National Constitutions And all this to blacken and defame the noble Endeavours and prudent Counsels of those renowned Patriots that pursu'd the only means to rescue a languishing Monarchy from impending Thraldom and Ruin. He does not wonder he says that a Man of so much sense and integrity as his Friend is should be surprized at the Thrones being declared Vacant by the Lower House of Convention For how says his Friend can the Seat of the Government be empty while the King who all grant had an unquestionable Title is still living But the Discusser here forgot that it had been the resolv'd Opinion of two Parliaments already That there was no Security for the Protestant Religion the King's Life or the establish'd Government of the Kingdom without passing a Bill for disabling the Duke of York to inherit the Imperial Crown of England and Ireland and that unless a Bill were pass'd for excluding the Duke of York the House could not give any Supply to the King without Danger to his Person the Hazard of the Protestant Religion and Breach of the Trust in them repos'd by the People Upon which a Bill did pass the Commons and was sent up to the Lords for their Concurrence by which Iames Duke of York was excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm c. and he adjudg'd Guilty of High Treason and to suffer the Pains and Penalties as in Case of High Treason if after such a Time he should claim challenge or attempt to possess or exercise any Authority or Jurisdiction as King c. in any of the said Dominions 'T is true the Lords did not pass this Bill for Reasons well known yet was it such a mutilation to the Duke's Title to be disabled from succeeding in the Kingdom by the whole Body of the Commons who are the Representatives of the Nation that it can never be said that all Men granted his Title unquestionable
to the Liberties Laws Religion and Priviledges of England and its Wealth and Inhabitants too and what is left you may be pleased to divide amongst your Men of Character To all this he assures us § 10. There will be a Thousand Occasions of Discontent Ju●● a Thousand neither one more or less besides those springing from the sense of Loyalty and Conscience Strange that these Two should be so troublesome as to equal if not exceed the whole Thousand that went before He that had been before so liberal of his Informati●n now sets us to guess in § 10. How many will be discontented in the new Court for want of Preferment Why Sir If you please to inform me how many days in February shall be clear and how many shall be cloudy I will fall a guessing how many in the new Court shall be pleased and how many shall be dissatisfied but when I have done it will not be worth the while because this ever happens and Courtiers have an old way of keeping these Malecontents in hope till they fall off or gain what they desire and so if there should happen to be a Thousand of them they will not be able to shock the Government if there is no other cause of Discontent than that Well but here Duty and Discontent will mix because they are sensible of their Mistake when it is too late For as they ought not to have fought for Popery nor against the Laws and Liberties of their Country so neither ●ught they to have deserted the defence of the King's Person and Crown but have brought the Prince to Terms as well as the King Why Sir Nemo tenetur ad impossibilia The King was never brought to Terms nor perhaps never will So that if they 〈◊〉 Fought at all it must have been for Popery and against both our Laws and Liberties Sir shew when and where the King offered us or the Prince any Terms and I will pass my word you shall be employed to frame Laws for the Convention which is certainly a good Employ for one that is so expert at it as you pretend to be Well § 13. A heavy Tax must be laid upon the Nation to defray the Charge of this Expedition Why Sir Are you of the Privy C●uncil to the Prince Surely he will be able to find some other Cause or not make the Tax so very heavy But Men will be very sorry to lose their King and pay so dear for it too Yes doubtless a Gracious King is a great Loss but if he will be gone and in●olve us in a War too Taxes must be p●id yea heavy Taxes to support the Charge of it or Louis will in a short time teach us what the Prince's Expedition was worth whatever it cost But this is not all we must part with our Church too the crazy Title will require the giving the Church to the Dissenters § 14. The Dissenters have or late acted very well and perhaps if a wise Man has the mannaging of them and the Popish Emissaries be carefully looked after we may compound the Quarrel better cheap than the parting with our Church Sir I am well assured a great deal less will for the present content them and the King is not Immortal and whenever he Dies the Crazy Title will be So●●red again if no Body be to blame for giving it another terrible Shock § 15. Should the King be Deposed or any other ascend the Throne it will be necessary to keep a standing Army to quell such Discontents You may be a good Law-framer for ought I know but I will swear you are no States-Man this whole Section is meer Whimsey borrowed from the Dutch Design Anatomized who had the folly to talk of Governing England by an Army of Dutch and Germans but why God knows except it were because a few were brought over to deliver us and cannot presently be returned back to Holland The Prince is both a wise and a good Prince and knows the Consequence of keeping those Forces long here better than a Thousand such Law-framers Suppos● the King should return with a Foreign Force to recover his Kingdom how ready will the Men of Conscience be and the Men of Discontent to joyn with them nay to invite him Home again This looks so like a Roman Catholick Zeal that if I were not assured he is a Church of England-Man I could not believe but it was a Disciple of St. Omers But will the Conscientious Men invite the King home again with all his Apostolick Vicars Jesuits Ecclesiasticall Judges Dispensing Power and a round Army of French Dragoons to teach us the French Faith after the French Fashion Are these the Men of Character Prudence Ability Integrity or of Conscience either Would one of the Primitive Christians have talked thus have stood for a Licinius against a Constantine Well if the King comes in a Conqueror we shall wish we had Treated Truly I shall not I had rather be forced than deceived for then I know what I have to trust to and I would not willingly be accessary to my own Ruine Well suppose this unanswerable stuff is over-voted § 17. We are to bring good proof the Prince of Wales is an Imposture or else we h●d better let it alone Very good the Negative is to be proved we may guess by this what kind of Laws you Sir would frame Well but if this be not done the Discontented Men will have a plausible pretence to quarrel What the Conscientious Men will do we must guess but in all probability they will not be better quali●ed What if the Princess of Orange be a Lady of that eminent Virtue that she should scruple to sit upon her Father's Throne whilst he lives Well his Majesty has deserted his Throne and Kingdom when he needed not except he had pleased and some Body must sit upon his Throne though he is yet Alive Now if it be her Right after his Death why not now Our Author is at his Prayers that God would give her Grace to resist the Temptation and I at mine That the Author may never be one of her Chaplains till he is better inform'd The rest of that Section is not unanswerable but not worth answering He has all along supposed the Prince of Orange Crown'd yet in the 19th Section he proves he can have no Right to it neither by Descent nor Gift and truly I am of the same mind for many Reasons and especially for the sake of the Three alledged by him Sect. 20 21 22. and for some others too of as great weight which may be found in the Lord Virulam 's History of Henry VII And yet our Case now before us has three Difficulties that had not 1. A King living 2. A Prince of Wales true or false 3. A Nation divided in Religion to which I might perhaps add the Excessive Power of France and the Excessive Zeal of this Generation to preserve the Descent of the Crown in the