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B08406 A word to the wiser Jacobites, worthy their persual over a sober dish of coffee. Being a short theory of the present establishment, shewing its righteousness; that all may rejoice, and pray in faith for its peace / by W.B. W. B. 1697 (1697) Wing B239A; ESTC R224616 5,642 2

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is no difference in the Obligation of an explicite or implicite Pact and upon one of these two are grounded all the Rights betwixt Subjects and Governours and cannot be understood otherwise for ought ever I could see 11. Whether the Late King James dispossessed himself of his Kingdom or was dispossessed by others seeing he certainly now is not in the Possession of it but another is he can have no natural Right now by the Title of Possession and therefore King James hath no Right at all unless what is Pactitious But no Man hath any Right by Pact but what is agreed to by the Parties contracting now the Political Compact in England since the Crown is Imperial can have no Parties in it but the King and the People and therefore it must be either betwixt the King and the People of else betwixt the People one with another 12. Amongst these it is agreed the People being distributed into Lords and Commons shall give their Consent in two Estates and unless these two Estates in Parliament with the King agree in the Matter nothing shall be had to be an Article of the Agreement by the Authority of the Kingdom which the Subject by his Allegiance or Duty of Subjection to the Sovereign is bound to observe And therefore it is agreed that the King shall govern thus by Laws Quas Populus ipse sibi elegerit 13. But it was never agreed explicitely or implicitely betwixt King James and the People of England that the Government should be administred by Popish Officers but on the contrary King James and the People were expresly agreed that the Government of the Land should not be administred by Popish Officers When therefore the Late King James after Monmouth's Invasion did in his Speech declare to the People in Parliament that is the other Party in the Contract that he would not Govern without Popish Officers nor suffer any one to gain-say him in it and proved he was in very great earnest by the rest of his whole Reign he expresly disagreeing to the known and owned Agreement betwixt the King and People of England there was thence forward no Agreement betwixt the King and People the Parties Contracting there was therefore no Government at all agreed unto betwixt them not a Government administred without Popish Officers for that the King had solemnly disagreed unto and resolutely persisted in all his Time Not a Government administred by Popish Officers for that the People the other Party had not consented to and therefore as I said there was then no Government agreed to betwixt them And because no practicable Government was agreed upon there could be no Governour actually agreed to For to Consent to a Governour and not to the Government is to Consent to nothing but an insignificant Word 14. As we see the People in a Political State all making one Party contracting did not Consent in Parliament So in their natural Persons its certain they had not agreed one with another that the Government should be administred in King James his Reign by Popish Officers wherefore there being no Agreement in the Nation about the Government of it King James could from thence have no Right by Agreement that is he had no Pactitious Right to the Government and since he hath none by the natural Right of Possession its plain he hath no Right now to the Government of England 15. When King James refused to stand to the National Compact the People were put into a State of Deliberation whether they would agree to King James his Government or not but there is no Reason to doubt but they had their Choice being certainly in no Agreement with King James about any Government at all But though they could not be bound by the Rights of an Agreement about the Government when there was no such Agreement yet were they bound to observe all the private natural Rights by Possession and the Pactitious Rights by Private Contracts amongst themselves 16. And for the Re-establishing of the Government the measures to be observed in a State of Deliberation wherein Men must be supposed free are Counsels directed by the Rule of Charity the Sum of which is to do that which upon a true Estimation of all Particulars is best for the whole What that is was difficult to be Resolved whilst King James was upon the Throne and therefore it s no wonder if even good Men differed in their Opinion about it some being for establishing a new Governour others not But when that King was out of Possession the Case was but thus it being equally Just to have either whether was most for the Good and Benefit of England to have King James or the Prince anti Princess of Orange established in the Government and the Body of the Nation being Protestants this was no hard Question to be Resolved 17. King James his Refusal to stand to the Agreement taken precisely is in strict Propriety not to be called a wrong to the People of England but unkind unmerciful ungrateful uncharitable c. For though the People are bound absolutely to obey according to the Agreement yet the King by the Contract is not bound to govern no not by the Coronation Oath but only if that he will govern to govern no otherwise then is agreed but he may Resign when he will without Violation of his Oath which if he does and the People have another Sovereign if he would reassume his Government we are Traytors and Rebels if we assist him to recover his Late Right If he will attempt it by Force he is to be Resisted as an Enemy and so he is if he attempt it being faln from his Right any other Way 18. Because not the owning but the sitting in a Seat fills the Seat if no one sits in the Seat the Seat is empty tho' it hath an owner for he that sits in the Seat hath the Seat in Occupation or Possession if then no one hath the Throne in Possession the Throne is plainly Vacant whether it be Hereditary or no. But unless the then Prince of Orange by taking upon him at the Request of the Lords and others the Administration of Publick Affairs was in Possession of the Throne it is certain when King James had withdrawn himself out of the Kingdom in the Manner he did neither He nor any one else was in Possession Therefore the Throne was then Vacant according to the Lords and Commons Vote 19. Both Houses acknowledging the Crown Hereditary we must first observe every Heir that inherits enters by Vertue of a Right that was inherent in the Dying Person and by Death and no other Way immediately devolves upon him So that no one can enter upon the Government by the Title of King James his Heir whilst himself is Living and since King James has lost his Right as was shewed above no Right of Governing inherent in him at his Death rebus sic stantibus can be derived from him to any Heir whatsoever and because it is thus impossible for any to Inherit the Crown from King James Living or Dying when that King parted with the Right of the Government as he did from himself he likewise parted with it from his Heirs having made it naturally impossible for the Crown to descend at all by the Right of Inheritance 20. The Ground being Cleared The Convention were to take Care to re-establish the Government for the good of the Nation If then they left us not in Anarchy but set up a Government and that Monarchical not Aristocratical or Democratical Hereditary not Elective in the Royal and no other Family by the next in the Right Line as far as can be known taking no Notice of one of whom no Notice was or could be given sufficient for the reasonable belief of the main Body of the Nation that is if they placed one as the Presumptive Heir when there was in Truth no Heir Apparent upon the Throne of the Kingdom and established the same Rights Laws Liberties Priviledges and Religion nothing could be more wisely ordered so far as Man can see 21. If the Throne was not filled by Vertue of the Heirs Title as in an ordinary Case King James having rendred that impossible to be done in Nature must bear the blame of that the People of England are Free The present King and then Prince of Orange had merited an Admission into a Confort-ship in the Sovereignty with his Wife by the Judgment and Joyful Acknowledgment of the next in the Right Line and the People which accordingly was consented to by them the Parties in the Covenant And the Princess being a Subject of England as such Consents to the Acts of the Legislator and therefore all her Political Rights in the Kingdom are secured and none violated by the present Establishment wherein because all Rights are saved which King James left naturally possible to be saved may Heaven and Earth say Amen Amen to its Peace and Prosperity London Printed by S. B. And Sold by most Booksellers of London and Westminster 1697.