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A41294 A Fifth collection of papers relating to the present juncture of affairs in England 1688 (1688) Wing F889; ESTC R12341 25,667 34

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all Good they are his his Ordinances and Institutions Rom. 13.1 2. III. Plowing and sowing and the whole business of preparing Bread Corn is absoluely necessary to the Subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23d to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have Strength by me Kings reign and Princes decree Justice By me Prinees rule and Nobles even all the Judges of the Earth Prov. 13.14 V. The Prophet speaking of the Plow-man faith His God doth instruct him to Discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but Ieaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture that such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Men Lands to be already butted and bounded when it forbids removing the Ancient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam 8.11 be a Statute of Prerogative and prove all those Particulars to be the Right of the King then Mishpat Haccohanim the Priests custom of Sacrilegious Rapine Chap. 2.13 proves that to be the Right of the Priests the same word being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Perogative of the Jewish 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. Jac. Note Give us a King to judg us 1 Sam. 8.5 6 20. 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-Commission 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 Exchequer 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 than the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from being 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 13th 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 13th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13th 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 Land 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 18 Edw. III. 20 Edw. III. Cap. 1 2. 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 13th of the Romans VIII The Engagement of the Lords attending upon the King at York June 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 13th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13th 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 13th of the
give Evidence against her to outface all ancient Truths to foist in Gibionitish Witnesses of their own forging and leaves nothing unattempted against Heaven and Earth that might advance her Faction and disable her innocent and just Accusers This this is the true figure of Popery through whatever false Opticks your Highness may have view'd it This is that for which you are resolv'd to hazard a Crown of Glory and three temporal Diadems to boot and to which you sacrifice both your own Fortunes and the Tranquillity of many Millions of Souls What then can the World that knows the clear light of your Hignesses Elevated Understanding imagine can be the Cause of your Revolt Will they not be apt to conceive that you have not espoused this block Religion purely for its own sake but for some promised Dowry of an Absolute Monarchy or Arbitrary Power which she might pretend to bring one day with her to your Embraces But as this is far below the Justice and Generosity of your Highness so 't is unworthy the thoughts of any considerate Politician For suppose any Prince to whom the British Sceptre may hereafter devolve intoxicated with the Tinsel Glories of the French Monarch's blustering Grandeur should be so vain as to hope to subjugate the English Liberties and destroy the Constitution of the best Establish'd Government on Earth by assuming to himself the whole Legislative Power raising Money and draining his Subjects at Pleasure without their common Consent in Parliament c. and should be so extravagantly enamour'd on this fatal Project fatal I say because for above Five hundred years it has shipwrack'd all that coasted that way as to be content to shift his Religion and exchange his Faith and turn Papist on a presumption that the same might facilitate and accomplish his Enterprize As King John 't is said resolv'd once to embrace Mahumetism rather than not to be reveng'd of his Barons claiming their just Liberties Suppose I say all this should be and that the present Papists to get their Religion publickly establish'd should comply with his Designs yet still is it not most reasonable to believe That having once gain'd their Point therein they or their Posterity will soon recal to mind their Birth rights and Privileges due to them as English-men and will they not then be perpetually tugging and strugling to regain them whence continual disturbance will ensue and a standing Army must be kept on foot to support this ill acquired Grandeur For those Subjects that contended with King John and King Henry the Third c. tho' they were Papists and of the same Religion with those Princes could not brook it to be Slaves to their Arbitrary Pleasures in their Civil Rights Besides what a waking dream is it for any King that is free from the Roman Yoke to think to make himself more Absolute by involving himself and his Kingdoms in Thraldom to the Church of Rome wherein not only the Pope pretends a Right to domineer over him but every Ecclesiastick esteems himself wholly exempt from his Jurisdiction and all his People will be but half his Subjects viz. in Temporals for in Spirituals and in ordine ad spiritualia a monstrous draw net that may include almost all the Actions of Humane Life they are wholly to be Conducted by his Holiness and his Subordinate Ministers How therefore can your Highness if a Roman Catholick complain of the late successive Houses of Commons for pressing a Bill to exclude you Is it any Disloyalty to endeavour to preserve the Imperial Crown of England from a truckling and shameful Servitude to a Foreign Usurper's Power Or is it any such unheard of thing to debarr a Prince from a Throne that hath obstinately disabled himself Certainly above all Men the Roman Catholicks ought not to murmur at this for did not the Pope issue forth a Bull to exclude your Grandfather King James unless he would turn Papist And did not the Romanists though they acknowledged the Title of your other Grandfather Henry the Great to the French Diadem yet refuse to pay him any Obedience because a Protestant and on that only score fought against him as long as he continued so and thought it no Rebellion Your Highness perhaps will say What though they did so true Protestants and the Church of England do not own such Principles Well then if the Protestant Principles be better than those of the Church of Rome what Madness is it in your Highness to abandon the first and chuse the latter I am a dutiful and hearty Lover of Monarchy and when establish'd on such an Equi-pois'd Basis of Wisdom as ours is shall ever assert it to be the best Form of Government in the World and most agreeable to the Genius of English-men But that lineal descent is so sacred a thing that the Heir presumptive can for no default or crime whatsoever be debarr'd from the Crown by an Act of Parliament or publick Decree of State I do not understand For I am sure the practice in all Ages both at home and abroad in almost every Nation in the Earth hath run contrary And as to Right those that pretend such Succession in all Cases to be Jure Divino would do well to shew in what Texts of Scripture the same is prescribed till then they do but talk not argue and if a Candidate to the Crown for any Reasons whatsoever may without offence to the Law of God or Nature be Excluded by an Act of King Lords and Commons Then the June-divino-ship vanishes and nothing is left to be considered But whether such next Heir have done such Acts or is so qualified that in Prudence it be necessary for the Tranquillity of the Publick to Exclude him Now I believe there are but few of the Church of England but if the Bill had passed the Lords and his Majesty had given his Royal Assent to it would have acquiesc'd therein and consequently they do not believe the Exclusion to be simply unlawful by the Law of God or Nature for against either of them no Humane Ordinances ought to prevail But all true Loyalists do not despair but your Highness may yet prevent all Occasions of such Disputes by opening your eyes or rather that God in whose hands are the Hearts of Princes may irradiate your Royal Understanding and let you see the horrid Blackness of those Men who have endeavour'd to seduce you and of those Principles to which they would have inveigled you on purpose to have made your Highness a Property to their Ambition and Avarice and that under the shadow of your Illustrious Name they might one day Tyrannize at Pleasure over these Three Kingdoms If Heaven shall be pleased to work such an happy Inclination in your Highness you shall presently see the whole British Empire echoing with Praises and Acclamations and instead of murmurs of Seclusion every good Subject shall erect you a Throne in his heart But the grand difficulty will be