of Ill Administration and that nothing less than subverting the Fundamentals of Government will justify an Opposition Now I am much mistaken if Deposing of Kings is not Resisting them with a Witness But besides his self Contradiction the case is not to his purpose For 1. These Parliaments were called in Tumultuous times when the Subjects were so hardy as to put their Kings under Confinement Now if it is against the Constitution of Parliaments to Menace the Two Houses out of their Liberty of Voting freely then certainly Kings ought not to be overawed by Armies and Prisons These Parliaments therefore are very improper to make Precedents of 2. These Princes were wrought upon so far as to resign their Crowns which each of them did though unwillingly Let this Enquirer produce such a Resignation from His Majesty and he says something 3. He is much mistaken in saying these judgments as he calls them have not been vacated by subsequent Parliaments For all those subsequent Parliaments which declare it Unlawful to take up Arms against the King do by necessary implication condemn these Deposing Precedents for it 's impossible for Subjects to Depose their Princes without Resisting them 2. By Act of Parliament the First of Edw. 4. yet remaining at large upon the Parliament Rolls and for the greater part recited verbatim in the Pleadings in Bagâ—tt's Case in the Year Books Trin. Term. 9. Edw. 4. The Title of Edw. 4. by Descent and Inheritance and is set forth very particularly And that upon the Decease of Rich. 2. the Crown by Law Custom and Conscience Descended and Belonged to Edmund Earl of March under whom King Edw. 4. claimed It is likewise further declared That Hen. 4. against Law Conscience and Custom of the Realm of England Usurped upon the Crown and Lordship thereof and Hen. 5. and Hen. 6. occupied the said Realm by Unrighteous Intrusion and Usurpation and no otherwise And in 39. Hen. 6. Rot. Parl. when Richard Plantagenet Duke of York laid claim to the Crown as belonging to him by right of Succession it was 1. Objected in behalf of Hen. 6. that Hen. 4. took the Crown upon him as next Heir in Blood to Hen. 3. not as Conqueror To this it was Answered That the pretence of Right as next Heir to Hen. 3. was False and only made use of as a Cloak to shadow the violent Usurpations of Hen. 4. 2. It was Objected against the Duke of York That the Crown was by Act of Parliament Entailed upon Hen. 4. and the Heirs of his Body from whom King Hen. 6. did Lineally Descend The which Act say they as it is in the Record is of Authority to defeat any manner of Title To which the Duke of York replied That if King Hen. 4. might have obtained and enjoyed the Crowns of England and France by Title of Inheritance Descent or Succession he neither needed nor would have desired or made them to be granted to him in such wise as they be by the said Act the which takes no Place nor is of any Force or Effect against him that is right Inheritor of the said Crowns as it accordeth with Gods Laws and all Natural Laws Which Claim and Answer of the Duke of York is expressly acknowledged and recognized by this Parliament to be Good True Iust Lawful and Sufficient Cotton's Abridgment Fol. 665 666. From these Recognitions it plainly follows 1. That the Succession cannot be interrupted by an Act of Parliament especially when the Royal Assent is given by a King De Facto and not De Iure 2. The Act 9. of Edw. 4 by declaring the Crown to Descend upon Edmund Earl of March by the Decease of Rich. 2. does evidently imply That the said Richard was rightful King during his Life and consequently that his Deposition was Null and Unlawful If it 's demanded Why his Majesty did not leave Seals and Commissioners to supply his Absence This Question brings me to the Second Point viz. to shew That the leaving sufficient Representatives was impracticable at this Juncture For 1. When the Nation was so much embroiled and the King's Interest reduced to such an unfortunate Ebb it would have been very difficult if not impossible to have found Persons who would have undertaken such a dangerous Charge That Man must have had a Resolution of an extraordinary Size who would venture upon Representing a Prince who had been so much disrespected in his own Person whose Authority had been set aside and his Ambassador clapt up at Windsor when he carried not only an inoffensive but an obliging Letter But granting such a Representation had been ingaged in the Commissions must either have extended to the Calling of Parliaments or not if not they would neither have been Satisfactory noâ— absolutely necessary Not Satisfactory For the want of a Parliament was that which was accounted the great Grievance of the Nation as appears from the Prince of Orange's Declaration Where he says expresly That his Expedition is intended for no other Design but to have a Free and Lawful Parliament assembled as soon as is possible Declar. P. 12. Secondly This Expedient was not absolutely Necessary for the Administration of Justice might have proceeded Regularly without any such Deputation by Virtue of those Commissions which the Judges and Justices of the Peace had already from the King. This I shall prove 1. From a parallel Instance King Charles the I. took a Journy into Scotland in 41 during the Session of Parliament at Westminster where though he appointed Five Lords to sign Bills in his Name The Continuation of Bak. Chron. yet the Judges and Justices acted by Virtue of their former Commissions without any new Authority from any Representatives of his Majesty Now Scotland is as much a distinct Kingdom from England as France and France as much his Majesty's Dominions as Scotland And therefore if Commissions will hold in the King's Absence in one Place why not in the other Secondly The present Judges met in Ianuary last at Westminster to dispatch some Business in order to keep the Term but were forbidden to proceed by the Prince of Orange's Secretary So that it is plain it was the Opinion of these Reverend Judges that their Commissions from his Majesty were still in Force But in the next place If his Majesty had deputed any Persons to Represent him in Parliament this Method would have been attended with new and insuperable Difficulties For 1. If they had been Limited they would not have given Satisfaction For it being impossible to foresee the Business and Votes of a Parliament at a distance If they had been restrained to certain Points in all probability they would have wanted Power to have passed all the Bills and so their Deputation would not have Answered the Desire of the Houses and the greatest part of their Grievances might have been counted unredressed If it 's said that the Parliament might have requested an Enlargement of their Commission from his Majesty To this I
THE DESERTION DISCUSS'D In a Letter to a Country Gentleman SIR I Don't wonder to find a Person of your Sense and Integrity so much surprised at the Report of the Throne 's being declared Vacant by the lower House of the Convention For how say you can the Seat of the Government bâ— Empty while the King who all grant had an unquestionable Title is still Living and his Absence forced and involuntary I thought our Laws as well as our Religion had been against the Deposing Doctrine therefore I desire you would Expound this State Riddle to me and give me the Ground of this late exeraordinary Revolution In answer to your Question you may please to take notice That those Gentlemen of the Convention and the rest of their Sentiments who declare a Vacancy in the Government lay the main stress of their Opinion upon his Majesties withdrawing himself For now especially since the Story of the French Leaguâ— and the Business of the Prince of Wales are passed over in Silence most Men believe that the pretended Breach of that which they call Thâ— Original Contract was designed for no more than a popular Flourish And that you may be not be shocked by seeing the Votes of so considerable and publick a Meeting debated by a private hand give me leave to remind you That a Parliament and a Convention are two very different Things The latter for want of the King's Writs and Concurrence having no share in the Legislative Power If it 's urged That the present Posture and Exigence of Affairs is a sufficient Dispensation with the usual Preliminaries and Forms of Parliament To this I am obliged to answer That this pretended Necessity is either of their own Making or of their own Submitting to which is the same thing and therefore ought not to be pleaded in Justification of their Proceedings For if his Majesty had either not been driven out of his Dominions or invited back upon honorable Terms they needed not to have had recourse to these singular Methods And since they have neither the Authority of Law or Necessity to support their Determinations I hope they will not think themselves disobliged if they are inquired into and some part of that Liberty which they have taken with his Majesty be returned upon themselves For all private and unauthorised Opinions are to be regarded no farther than they prove their point Like Plate without the Royal Impression they ought not to be obtruded for currant Coin nor rated any higher than the intrinsick Value of the Mettal Leâ— us examin therefore if his Majesty has done any thing which imports either in it self or by necessary consequence That he has voluntarily Resigned his Crown and Discharged his Subjects of their Allegiance Now the Author of The Enquiry into the present State of Affairs c. for whose Judgment the Commons seem to have a very great Regard as appears from their concurrence with him For their most considerable Votes are in a manner transcribed from his 11th Paragraph This Author tells us Pag. 5. That when a King withdraws himself and his Seals without naming any Persons to represent him the Government is certainly laid down and forsaken by him Though afterwards he is so good natured as to add That if any imminent present Danger or just Fear though indeed a King can never be decently suspected of that I suppose his Reason is because Kings are invulnerable had driven his Majesty away it might seem a little too hard to urge this too much In order to the confuting this Notion I shall prove in the First place That his Majesty before his withdrawing had sufficient Grounds to make him apprehensive of Danger and therefore It cannot be called an Abdication Secondly That the leaving any Representatives behind him was impracticable at this Juncture Thirdly That we have no Grounds either from the Laws of the Realm or those of Nature to pronounce the Throne void upon such a Retreat of a King. But before I do this it s not improper to observe That this pretence of a Demise if it signified any thing cannot affect Scotland or Ireland Not the first For there his Majesty's Commissioners acted in the usual Manner till they were disturbed Nor the second For that Kingdom continues still under the Regular Administration of the Lord Lieutenant Neither is it sufficient to say That Ireland is an Appendage to the Crown of England and therefore it must follow its Revolution For allowing a Demise was really consequent upon a Failure of Seals and Representatives yet there would be no colour to apply it to a Case where there was no such Omission For no Forfeiture ought to be stretched beyond the Reason upon which it is grounded But this only by the way I shall proceed to prove the first thing propounded viz. That his Majesty before his withdrawing had sufficient Grounds to make him apprehensive of imminent Danger We are now fallen upon Times in which the most extravagant and almost impossible Things are swallowed without Chewing and the plainest Truths outfaced and denyed as if Evidence was an Argument against Proof and Absurdities the only Motives of Credibility So that now if ever we seem fit for Transubstantiation Had not some Men believed this true in a great Measure they would never have disputed against matter of Fact which was done almost in the Face of the whole Kingdom To speak to the present Case Had not his Majesty great Reason to retire to secure his Person and his Honor at his first withdrawing from Wâ—itehall which is the time from which our Author dates his pretended Desertion for he will not allow him to be King at his return I say had not his Majesty great Reason to retire when he had met with so many unfortunate Disappointments with so many surprising and unparallel'd Accidents When part of the Army was revolted and the Remainder too apparently unserviceable When the People had such fatal and unremovable Prejudices against his Majesty's Service When there were such terrible Disorders in the Kingdom and all Places were either Flaming or ready to take Fire What should a Prince do when he had scarce any thing left him to lose but himself but consult his Safety and give way to the irresistable Evil But our Author pretends the King's Affairs had a much better Aspect Let us observe how he proves it Why he tells us That when the Prince of Orange ' s Proposals came to his Majesty the Army and the Fleet were left in his Hands They were so that he might pay them for the Prince's Service for they owned his Majesty's Authority scarce any other way than by receiving his Mony and eating up his Meat It 's to be hoped they have since repented of their Actions But the Enquirer goes on with his Inventory of Forts and Revenues which the King was to have still He may know if he pleases that we have but Four considerable Forts in the Kingdom Now Hull
Answer That the Convention may send to his Majesty for an Expedient now if they please And I hope they will for I hear his Majesty has been so gracious as to send to them But 2. If these Commissioners were unlimited it would be in their Power to do a great many things prejudicial to the Crown In such a Case they might alter the Monarchy into a Commonwealth or Sign the Deposing of his Majesty if such Bills should happen to be offered And though there may be many Persons of Honor and Conscience enough to lodge such a Trust with Yet in regard his Majesty has been lately mistaken in some of whose Fidelity he had so great an Assurance he has small encouragement to be over-confiding for the Future Indeed no Wise Prince will Trust so vast a Concern as a Kingdom with the Honesty of another especially when many of his Subjects are Disaffected and in a Ferment So that nothing can be more unreasonable than to expect such Plenipotentiary and Absolute Commissioners 3. I shall prove in the last place That we have no Grounds either from the Laws of the Realm or from those of Nature to pronounce the Throne void upon such a Retreat of a Prince as we have before us 1. To begin with the Laws of the Realm which are either Acts of Parliament or those we call Common Laws Now there is no Statute so much as pretended to support this Deserting Doctrin and if there was it 's certain no such can be produced Indeed a Prince must be xery weary of Governing and void of the common Inclinations of Mankind who would Sign a Bill of this Nature and give his Subjects such a dangerous Advantage against Himself and his Posterity Neither has this Opinion any better Countenance from Common Law For Common Law is nothing but Antient Usage and Immemorial Custom Now Custom supposes Precedents and Parallel Cases But it 's granted of all Hands That the Crown of England was never judged to be Demised by the withdrawing of the Prince before now And therefore it follows by undeniable Consequence that this Opinion can have no Foundation in the Common Law because there is not so much as one Ruled Case to prove it by Nay our Laws are not only silent in the maintenace of this Paradox but against it as I shall make good by Two Precedents 1. From the Case of Edward the Fourth who having not sufficient Force to Encounter the Earl of Warick who had raised an Army for King Henry was obliged to fly the Kingdom but that he deputed any Persons to Represent him our Histories don't give us the least Intimation Neither was it Objected at his return that he had Abdicated the Government by omitting to Constitute a Regent Neither is it material to Object that all Disputes of this Nature were over-ruled by his Victorious Army For if it had been the known Law of this Realm that a Prince had ipso facto forfeited his Crown by going beyond Sea without leaving a Deputation though his Departure should happen to be Involuntary If this I say had been the Law of the Kingdom it would not only have been a great Advantage to Henry the Sixth and made the Nation ring of it of which there is altum Silentium but we may be well assured King Edward would not have confer'd Honor worn the Crown and taken the State and Authority of a King upon him till he had been reestablished by Parliaments But that he did Exercise all Acts of Sovereignty before the calling of a Parliament appears from Daniell Sâ—ew and Baker And when the Parliament was Convened those who had taken up Arms against him were found Guilty of Treason and his Adherents were restored to Blood and Estate Daniell But there was no Confirmation or Resisting of his Title which is a Demonstration there was no need of it and that this Abdicating Doctrin was perfectly unknown to that Age. 2. To come nearer our own Times what Seals or Commissioners did Charles the Second leave behind him after Worcester Fight And yet I believe no Mortal ever urged this as an Argument against his Restauration If it be Answered that there was much more Danger in this case than in that before us To this I reply that if we Examine the Matter more narrowly we shall find the disparity very inconsiderable For was there not a numerous Army of Foreigners and Subjects in the Field against his present Majesty at his retiring What Power or Authority or so much as Liberty was there left him And I am afraid that at that time he had fewer Friends to stand by him than his Brother after that unfortunate Battle in 51. And since this pretended Dereliction has no manner of Protection from the Constitution it has no other Refuge but the Laws of Nature to fly to but a very little Storming will serve to drive it from this last Retrenchment For the Law of Nature is nothing but the Reason of the Thing Now impartial Reason has always a regard to the Circumstances of Action and makes Allowances for Surprise for Straitness of Time for Resentment upon extraordinary Provocation and never takes Advantage of an Omission which may be fairly Interpreted from any or all of these Causes I mention this not that the present Case needs any such Allowance but to show that the Law of Nature would Admit it if Occasion required 'T is true written Laws either through the ambiguity of the Words or the defectiveness of the Sense are often abused by ill Men and wrested contrary to the Design of the Legislators But the Law of Nature is not tyed up to the Alphabet nor bound to determine by the Imperfections of former Ages Therefore this Principle will give the Enquirer no just Advantages against his Majesty for Equity has no Quirks in it nor ever lyes at Catch Reason is always just and generous it never makes Misfortune an Accusation nor judges in favour of Violence Indeed what can be more Unrighteous though the Case was private and inferior than that any one should Suffer for being Injured and be barred his Right for the Faults of others If a Man should forfeit his House to those who set it on Fire only because he quitted it without giving some formal Directions to the Servants and be obliged to lose his Estate for endeavouring to preserve his Life I believe it would be thought an incomprehensible sort of Justice If to proceed in this manner be not to establish Wickedness by a Law I have done If Princes may be thus roughly treated their Birth is a Misfortune to them and we may say they are Crown'd rather for Sacrifice than Empire At this rate the People must e'en Govern themselves for the Throne will be a Place of too much Danger to sit on any longer We have an Excellent Church and we do well to take due Care to continue its Establishment but to dispossess our Prince upon this Score has as little Divinity as Law in it To endeavour to preserve our Religion by such Methods will make it more Fatal to us in the event than Atheism it self T is a mistake to think the World was made for none but Protestants and if Dominion was founded in Grace I am afraid our share would not be great in the Division If it is Objected That his Majesty 's not sending to his People upon his Removal is an Argument that he intended to govern them no longer To this I Answer 1. That I am pretty well assured That no Man who makes this Objection believes the truth of it and therefore I might safely leave it to his own Conscience to confute him Secondly His Majesty was scarcely Landed in France before the Administration was conferred upon the Prince of Orange which Action might very well discourage his Majesty from sending any Messages so soon as he intended But since it 's known his Majesty has sent Letters if not to the Privy Council as some affirm yet to the Convention Thirdly Those who were the Occasion of his Majesty's Departure should one would think have waited on him and invited him back For without Question the injuring Person ought to make the first step towards an Accommodation especlally when Wrong is done to his own Prince Now whether his Majesty has been well used in this Revolution or not I leave the World to judge now but God will do it afterwards Thus SIR I have ventured to give you my Thoughts upon this Subject and am Affectionately yours FINIS