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A59475 A letter from a person of quality to his friend in the country Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.; Locke, John, 1632-1704. 1675 (1675) Wing S2897; ESTC R3320 30,815 37

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without Reordination but no Protestant Minister not Episcopally ordain'd but is required to be reordain'd as much as in us lies unchurching all the forreign Protestants that have not Bishops though the contrary was both allow●d and practis'd from the beginning of the Reformation till the time of that Act and several Bishops made of such as were never ordain'd Priests by Bishops Moreover the Vncharitableness of it was so much against the Interest of the Crown and Church of England casting off the dependency of the whole Protestant partie abroad that it would have been bought by the Pope and French King at a vast summ of Money and it is difficult to conceive so great an advantage fell to them meerly by chance and without their help so that he thought to endeavor to alter and restore the Liturgy to what it was in Queen Elizabeths days might consist with his being a very good Protestant As to the Catachisme he really thought it might be mended and durst declare to them it was not well that there was not a better made For the Homilies he thought there might be a better Book made and the 3. Hom. of Repairing and keeping clean of Churches might be omitted What is yet stranger then all this The Canons of our Church are directly the old Popish Canons which are still in force and no other which will appear if you turn to the Stat. 25. Hen. 8. cap. 19 confirmed and received by 1. Eliz. where all those Canons are establish'd untill an alteration should be made by the King in pursuance of that Act which thing was attempted by Edward the 6th but not perfected and let alone ever since for what reasons the Lords the Bishops could best tell and it was very hard to be obliged by Oath not to endeavour to alter either the English Common-Prayer book or the Canon of the Mass. But if they meant the latter That the Protestant Religion is contein'd in all those but that every part of those is not the Protestant Religion then ●e apprehended it might be in the Bishops Power to declare ex post facto what is the Protestant Religion or not or else they must leave it to every man to judge for himself what parts of those books are or are not and then their Oath had been much better let alone Much of this nature was said by that Lord and Others and the great Officers and Bishops were so hard put to it that they seemed willing and convinced to admit of an Expedient The Lord Wharton and Old and Expert Parliament Man of eminent Piety and Abilities beside a great Friend to the Protestant Religion and Interest of England offer'd as a cure to the whole Oath and what might make it pass in all the 3 parts of it without any farther debate the addition of these words at the latter end of the Oath Viz. as the same is or shall be establish'd by Act of Parliament but this was not endured at all when the Lord Grey of Rollston a worthy and true English Lord offered another Expedient which was the addition of words by force or fraud to the beginning of the Oath and then it would run thus I do swear not to endeavor by force or fraud to alter this was also a cure that would have passed the whole Oath and seemed as if it would have carried the whole House The Duke of York and Bishop of Rochester both second●ng it but the Lord Trea●urer who had privately before consented to it speaking against it gave the word and sign to that party and it being put to the question the major Vote answered all arguments and the L. Grey's Proposition was laid aside Having thus carried the question relying upon their strength of Votes taking advantage that those expedients that had been offered extended to the whole Oath though but one of the 3 Clauses in the Oath had been debated the other two not mentioned at all they attempted strongly at nine of the Clock at night to have the whole Oath put to the question and though it was resolutely opposed by the Lord Mohun a Lord of great courage and resolution in the Publick Interest and one whose own personal merits as well as his Fathers gave him a just title to the best favors of the Court yet they were not diverted but by as great a disorder as ever was seen in that House proceeding from the rage those unreasonable proceedings had caused in the Country Lords they standing up in a clump together and crying out with so loud a con●inued Voice Adjourn that when silence was obtain'd Fear did what Reason could not do cause the question to be put only upon the first Clause concerning Protestant Religion to which the Bishops desired might be added as it is now established and one of the eminentest of those were for the Bill added the words by Law so that as it was passed it ran I A. B. do swear that I will not endeavor to alter the Protestant Religion now by Law established in the Church of England And here observe the words by Law do directly take in the Canons though the Bishops had never mentioned them And now comes the consideration of the latter part of the Oath which comprehends these 2 Clauses viz. nor the Goverment either in Church or State wherein the Church came first to be considerd And it was objected by the Lords against the Bill that it was not agreeable to the King's Crown and Dignity to have His Subjects sworn to the Government of the Church equally as to Himself That for the Kings of England to swear to maintain the Church was a diffe●ent thing from enjoyning all His Officers and both His Houses of Parliament to swear to them It would be well understood before the Bill passed what the Government of the Church we are to swear to is and what the Boundaries of it whether it derives no Power nor Authority nor the exercise of any Power Authority or Function but from the King as head of the Church and from God as through him as all his other Officers do For no Church or Religion can justify it self to the Government but the State Religion that ownes an entire dependency on and is but a branch of it or the independent Congregations whilest they claim no other power but the exclusion of their own members from their particular Communion and endeavor not to set up a Kingdom of Christ to their own use in this World whilest our Saviour hath told us that His Kingdom is not of it for otherwise there would be Imperium in imperio and two distinct Supream Powers inconsistent with each other in the same place and over the same persons The Bishops al●eadged that Priesthood and the Power thereof and the Authorities belonging thereunto were derived immediately from Christ but that the license of exercising that Authority and Power in any Country is derived from the civil Magistrate To which was replied that it was a
that they justly and rightly claim And therefore neither our Ancestors nor any other Country free like ours whilst they preserv'd their Liberties did ever suffer any mercenary or standing Guards to their Prince but took care that his Safety should be in Them as theirs was in Him Though these were the Objections to this Head yet they were but lighty touch'd and not fully insisted upon until the debate of the second Head where the Scope of the Design was opened clearer and more distinct to every Man's capacity The second was And that I do abhorr that Trayterous Position of taking Armes by His Authority against His person To this was objected That if this be meant an Explanation of the Oath of Allegiance to leave men without pretense to oppose where the individual person of the King is then it was to be considered that the proposition as it is here set down is universal and yet in most cases the position is not to be abhorred by honest or wise men For there is but one case and that never like to happen again where this position is in danger to be Trayterous which was the Case of the Long Parliament made perpetual● by the King 's own Act by which the Government was perfectly altered and made inconsistent with its self but it is to be supposed the Crown hath sufficient warning and full power to prevent the falling again into that danger But the other cases are many and such as may every day occurr wherein this position is so far from Traiterous that it would prove both necessary and our duty The Famous instance of Hen. 6. who being a soft and weak Prince when taken Prisoner by his Cousin Edward 4. that pretended to the Crown and the great Earl of Warwick was carryed in their Armies gave what orders and Commissions they pleased and yet all those that were Loyal to him adhered to his Wife and son fought in a pitcht battel against him in person and retook him This was directly taking up Armes by His Authority against his person and against those that were Commission'd by Him and yet to this day no Man hath ever blamed them or thought but that if they had done other they had betray'd their Prince The great Case of Charles 6. of France who being of a weak and crazie Brain yet govern'd by himself or rather by his Wife a Woman of passionate and heady humour that hat●ed her Son the Dolphin a vigorous and brave Prince and passionately loved her Daughter so that She easily being pressed by the Victory of Hen. 5. of England comply'd to settle the Crown of France upon Him to marry her Daughter to Him and own his Right contrary to the Salique Law This was directly opposed with Armes and Force by the Dolphin and all good French Men even in his Father's life time A third instance is that of King Iames of blessed Memory who when he was a Child was seized and taken Prisoner by those who were justly thought no friends to His Crown or Safe●y and if the case should be put that a future King of England of the same temper with Hen. 6. or Charl. 6. of France should be taken prisoner by Spaniard Dutch or French whose overgrowing power should give them thoughts of vast Empire and should with the person and commission of the King invade England for a Conquest were it not suitable to our Loyalty to joyn with the Son of that King for the defence of His Fathers Crown and Dignity even against his Person and Commission In all these and the like Cases it was not justified but that the st●ict Letter of the Law might be otherwise co●strued and when wisely considerd fit it should be so yet that it was not safe either for the Kingdom or person of the King and His Crown that it should be in express words Swor● against for if we shall forswear all Distinctions which ill Men have made ill use of either in Rebellion or Heresy we must extend the Oath to all the particulars of Divinity and Politiques To this the aged Bishop of Winchester reply'd That to take up Armes in such cases is not against but for the person of the King But his Lordship was told that he might then as well nay much better have le●t it upon the Old Oath of Allegiance then made such a wide gapp in his new Declaration The th●rd and last part of the De●laration was or against those that are Commissioned by him Here the mask was plainly pluckt off and Arbitrary Government appear'd bare-faced and a standing Army to be established by Act of Parliament for it was said by several of the Lords That if whatever is by the Kings Commission be not opposed by the King's Authority then a standing Army is Law when ●ver the King pleases and yet the King's Commission was never thought sufficient to Protect or justify any man where it is against his Authority which is the Law this allowed alters the whole Law of England in the most essential and Fundamental parts of it and makes the whole Law of property to become Arbitrary and without effect whenever the King pleases For instance if in a Suit with a great Favourite a man recovers House and Lands and by course of Law be put into Possession by the Sheriff and afterwards a Warrant is obtain'd by the interest of the person to command some Souldiers of the standing Army to take the possession and deliver it back in such a case the man in Possession may justify to defend himself and killing those who shall violently endeavour to enter his house the party whose house is invaded takes up Armes by the King's Authority against those who are Commissioned by him And it is the same case if the Souldiers had been Commissioned to defend the House against the Sheriff when he first endeavored to take the possession according to Law neither could any Order or Commission of the King 's put a stop to the Sheriff if he had done his duty in raising the whole force of that Count to put the Law in execution neither can the Court from whom that Order proceeds if they observe their oaths and duty put any stop to the execution of the Law in such a case by any command or commission from the King whatsoever Nay all the Guards and standing forces in England cannot be secured by any Commission from being a direct Riot and unlawful Assembly unless in time of open War and Rebellion And it is not out of the way to suppose that if any King hereafter shall contrary to the petition of Right demand and levie Money by Privy-Seal or otherwise and cause Souldiers to enter and distrain fo● such like illegall Taxes that in such a case any Man may by Law defend his house against them and yet this is of the same nature with the former and against the words of the Declaration These instances may seem somwhat rough and not with the usual
pressure laid upon them but to be made uncapable of Office Court or Armes and to pay so much as might bring them at least to a ballance with the Protestants for those chargable Offices they are lyable unto and concluded with this that he desired me seriously to weigh whe●her Liberty and Propriety were likely to be maintained long in a Countrey like Ours where Trade is so absolutely necessary to the very being as well as prosperity of it and in this Age of the World if Articles of Faith and Matters of Religion should become the only accessible ways to our Civil Rights Thus Sir You have perhaps a better account of the Declaration then you can receive from any other hand and I could have wisht it a longer continuance and better Reception then it had for the Bishops took so great Offence at it that they gave the Alarum of Popery through the whole Nation and by their Emissaries the Clergy who by the Connexture and Subordination of their Government and their being posted in every Parish have the Advantage of a quick dispersing their Orders and a sudden and universal Insinuation of whatever they please raised such a cry that those good and sober Men who had really long feared the Encrease and continuance of Popery had hitherto received began to believe the Bishops were in earnest their Eyes opened though late and therefore joyned in heartily with them so that at the next meeting of Parliament the Protestants Interest was run so high as an Act came up from the Commons to the H. of Lords in favor of the dissenting Protestants and had passed the Lords but for want of time Besides another excellent Act passed the Royal Assent for the Excluding all Papists from Office in the Opposition of which the L. Treasurer Clifford fell and yet to prevent his ruine this Sessions had the speedier End Notwithstanding the Bishops attain'd their Ends fully the Declaration being Cancelled and the great Seal being broken off from it The Parliament having passed an Act in favor of the Dissenters and yet the sense of both Houses sufficiently declared against all Indulgence but by Act of Parliament Having got this Point they used it at first with seeming Moderation there were no general Directions given for prosecuting the Non-con●ormists but here and there some of the most Confiding Justices were made use of to try how they could receive the Old Persecution for as yet the Zeal raised against the Papists was so great that the worthyest and soberest of the Episcopal party thought it necessary to unite with the dissenting Protestants and not to divide their Party when all their Forces were little enough In this posture the Sessions of Parliament that began Oct. 27. 1673. tound Matters which being suddenly broken up did nothing The next Sessions which began Ian 7. following the Bishops continued their Zeal against the Papists and seem'd to carry on in joyning with the Countrey Lords many excellent Vo●es in order to a Bill as in particular That the Princes of the Blood-Royal should all Marry Protestants and many others but their favor to dissenting Protestants was gone and they attempted a Bargain with the Countrey Lords with whom they then joyned not to promote any thing of that nature except the bill for taking away Assent and Consent and renouncing the Covenant This Session was no sooner ended without doing any thing but the whole Clergy were instructed to declare that there was now no more danger of the Papists The Phanatique for so they call the dissenting Protestant is again become the only dangerous Enemy and the Bishops had found a Scoth Lord and two new Ministers or rather Great Officers of England who were desperate and rash enough to put their Masters business upon so narrow and weak a bottom and that old Covenanter Lauderdale is become the Patron of the Church and has his Coach and table fil'd with Bishops The Keeper and the Treasurer are of a just size to this affair for it is a certain rule with the Church Men to endure as seldom as they can in business Men abler then themselves But his Grace of Scotland was least to be executed of the Three for having fall'n from Presbitery Protestaant Religion and all principles of Publick good and private friendship and become the Slave of Clifford to carry on the Ruine of all that he had professed to support does now also quit even Clifford's generous Principles and betake himself to a so●t of Men that never forgive any Man the having once been in the right and such Men who would do the worst of things by the worst of means enslave their country and betray them under the mask of Religion which they have the publick Pay for and charge off so seething the Kid in the Mothers milk Our Statesmen and Bishops being now as well agreed as in Old Land's time on the same principles with the same passion to attain their end they in the first place give orders to the Judges in all their Circuits to quicken the Execution of the Laws against Dissenters a new Declaration is published directly contrary to the former most in words against the Papists but in the Sense and in the close did fully serve against both and in the Execution it was plain who were meant A Commission besides comes down directed to the principal Gentlemen of each country to seize the Estates of both Papists and Phanatiques mentioned in a Li●t annexed wherein by great misfortune or skill the Names of the Papists of best quality and fortune and so best known were mistaken and the Commission render'd ineffectual as to them Besides this the great Ministers of State did in their common publick assure the partie that all the places of Profit Command and Trust should only be given to the old Cavalier no Man that had served or been of the contrary Party should be left in any of them And a direction is issued to the Great Ministers before mentioned and Six or seven of the Bishops to meet at Lambeth-House who were like the Lords of the Articles in Scotland to prepare their compleat Modell for the ensuing Session of Parliament And now comes this memorable Session of Aprill 13. 75. then which never any came with more expectation of the Court or dread and apprehension of the People the Officers Court Lords and Bishops were clearly the major Vote in the Lords House and they assured themselves to have the Commons as much at their dispose when they reckoned the number of the Courtiers Officers Pensioners encreased by the addition of the Church and Cavalier party besides the Address they had made to Men of the best quality there by hopes of Honor great employment and such things as would take In a word the French King's Ministers who are the great Chapmen of the World did not out-doe ours at this time and yet the over ruling hand of God has blown upon their Politicks and the Nation is escaped this