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england_n	duke_n	york_n	zeal_n	19	3	7.9169	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28563	The history of the desertion, or, An account of all the publick affairs in England, from the beginning of September 1688, to the twelfth of February following with an answer to a piece call'd The desertion discussed, in a letter to a country gentleman / by a person of quality.	Bohun, Edmund, 1645-1699.; Collier, Jeremy, 1650-1726. Desertion discuss'd.	1689 (1689)	Wing B3456; ESTC R18400	127,063	178

some other Country § 7. And since his Majesty had sufficient reasons to withdraw these can be no pretence for an Abdication For we are to observe that to Abdicate an Office always supposes the Consent of him who Quits it That this is the signification of the Word Abdico appears from Tully Salust and Livie to which I shall only add the Learned Grotius De Jure Belli c. Libr. 1. Cap. 4. Sect. 9. Where he makes Abdicating the Government and plainly Giving it up to be Terms of the same importance § 8. And to prevent unreasonable Cavils he adds that a Neglect or Omission in the Administration of Government is by no means to be Interpretated a Renunciation of it We have but two Instances with us which looks like an Abdication since the Conquest which are in the Reign of Edward II. and Richard II. both which were unjustly Deposed by their Subjects However they did not renounce their Allegiance and declare the Throne void till they had a formal Resignation under the Hands of both those unfortunate Princes And hence it appears how unlucky our Enquirer is at citing the Laws For pag. 12. He tells us That since these Two Princes have been judged in Parliament for their Male Administration and since these Judgments have never been vacated by any subsequent Parliaments these Proceedings are part of our Law. From hence I observe § 9. 1. That our Author contradicts himself For here he owns that Male Administration is sufficient to warrant Deposition and Resistance But in his Enquiry into the Measures of Submission c. For both these Papers are generally supposed to come from the same Hand Pag. 5. Par. 14. He is much kinder to the Crown for there he asserts That it is not Lawful to resist the King upon any pretence of Ill Administration and that nothing less than subverting the Fundamentals of Government will justifie 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 § 10. 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 § 11. 2. Those 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 § 12. 3. He is much mistaken in saying these Judgments as he calls them have not been vacated by subsequent Praliaments 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 § 13. 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 Baggett'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 § 14. 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 Vsurpation and no otherwise § 15. 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 § 16. 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 § 17. 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. § 18. 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 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 Cotton's Abridgment Fol. 665 666. § 19. 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 Jure 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 disrepected 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 nor 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. § 21.

THE HISTORY OF THE DESERTION LICENSED April 10. 1689. James Fraser THE HISTORY OF THE DESERTION OR An Account of all the Publick Affairs IN ENGLAND From the beginning of September 1688. to the Twelfth of February following WITH AN ANSWER To a Piece call'd The DESERTION Discussed In a LETTER to a Country Gentleman By a Person of Quality Provida severitate cavisti ne fundata legibus Civit as eversa legibus videretur C. Plin. Pan. Trajan Cap. XXXIV London Printed for Ric Chiswell at the Rose and Crown in St. Paul's Church-yard MDCLXXXIX TO THE READER I Am perswaded that those of the Church of England who now seem discontented at the Present State of Affairs in England are mistaken in the matter of Fact and that they do imagine the Religion Laws and Liberties of this Nation might have been secured to us and our Posterity by other and those more legal Methods Now if this Conceit of theirs were true their Dissatisfaction would not be wholly unreasonable but to me who have considered every Step of this Great Revolution with the utmost Attention of Mind it seems altogether false and groundless But whether they or I are mistaken it is absolutely necessary that the matter of Fact should be truly and fairly stated which cannot be done but by representing in one View all the Papers which passed on both sides with the Actions which hapned the present State of Affairs at home and abroad when the Revolution began and the temper of Mens Minds in all the Occurrences as they hapned And this I have endeavoured to do with all the Brevity Perspicuity and Fidelity which was possible As I am the first that have attempted it so it is not impossible there may be some Mistakes Omissions or Errors but there is not one wilful Error and I will rectifie any involuntary Stumble I may have made upon the first Advice of it To have fully cleared this Question it was perhaps necessary that I should have begun with the Year 1600. and the Restitution of Charles the Second or at least at his Death but this would have taken too much time to have presently gone about it and if I find this is well received and encouraged I will in a convenient time do it especially if I may have the liberty of the Council-Book and the Paper-Office and such other helps as are necessary And in the mean time I conceive this short Abstract of the Publick Printed Papers is sufficient to convince any Man that the Popish Party were resolved we should be Rebels as they now account us or Slaves and His late Majesty was so far prevailed upon by them that he chose rather to desert his Throne than to lose all the Possibilities of Establishing an absolute Soveraignty over the Nation and Popery with it I suppose it is not pretended in England His late Majesty forfeited his Right to Govern by his Misgovernment but that the sense of it prevail'd upon him rather to throw up the Government than to concur with an English Free-Parliament in all that was needful to re-establish our Laws Liberties and Religion and this is a proper legal Abdication as it is distinguished from a Voluntary Resignation on the one hand and a Violent Deposition on the other He was bound to govern us according to Law and we were not bound to submit to any other than a legal Government but be would not do the one and saw he could not force us to submit to the other and therefore deliberately relinquished the Throne and withdrew his Person and Seals dissolving as much as he could the whole Frame of our Government The Reader may observe tho' he give Reasons why he withdrew the second time he never gave any why he went away at first nor can any be assigned as I verily believe but that which I have expressed Now if this be the true state of this great Affair then we were legally discharged of our Allegiance to James the Second the Eleventh of December last past and his Return afterwards which was forced and involuntary could have no Influence upon us and if he were now to be restored again he must be re-crowned and sworn de novo as Henry the Sixth was after he was restored by the Earl of Warwick There may possibly be some few Men so superlatively Loyal that rather than they would not still be under the Government of James the Second they would throw up all the English Liberties and Priviledges and submit to an absolute and unlimited Soveraignty either out of Scruple of Conscience Vanity or Humour now to these I have nothing to say but that if they are willing to be Slaves they may but it is unreasonable that they should enslave all the rest of the Nation too and as the Number is not great so I am perswaded if Patience and gentle Methods are used these Men will in a short time be convinced by their own Interest and acquiesce at least if they do not heartily joyn with the rest in the Defence of the present Government As to the small Piece which I have answered I cannot but admire at the Encomiums have been given it I hope there is nothing in it worth regarding which I have not fairly answered at least I am sure it is very answerable it being wholly founded on Mistakes either as to the matter of Fact or the Laws of England But be this as it will I submit to it the Reader to judge between us April 6th 1689. THE HISTORY OF THE DESERTION AND AN ANSWER to a DISCOURSE Intitled The Desertion discuss'd In a Letter to a Country Gentleman THE late Transactions of that part of our Nation which have espoused the Interests and Principles of the Church of Rome are so full of Wonder that I perswade my self Posterity will look upon the Story of the last ten years as a meer Romance and will very hardly believe so small a Party durst attempt or so great a Body would ever so long suffer what we have born with a Stoical Patience I had almost said Insensibility But then this Assurance was not owing either to their Courage or their Cunning but a strong Perswasion that how ill soever they used us of the Church of England the Doctrine of Non-resistance would keep us in awe and if the other part of the Protestants should offer to rescue the Nation out of their Claws our Zeal for the Monarchy and the Royal Family would have the same effect it had in the Monmouth Invasion and end in the Ruin of them However to prevent the worst they resolved to keep up a numerous Army to suppress betimes any Party that might stir in the Nation and to fix them the more to their Interest they not only exempted the Souldiers from the Civil Jurisdiction but suffer'd them to out-rage and injure whom they they pleased almost without restraint To divide us yet more they procured a Toleration for the Dissenters and made such fulsom Applications

all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incapable by the Establish'd Laws of this Land. 3. By destroying the Charters of most Corporations in the Land. 4. By discouraging all Persons that are not Papists and preferring such as turn to Popery 5. By displacing all honest and consciencious Judges unless they would contrary to their Consciences declare that to be Law which was meerly Arbitrary 6. By branding all Men with the name of Rebels that but offered to justifie the Laws in a legal course against the Arbitrary Proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects and by discountenancing the Established Religion 9. By forbidding the Subjects the benefit of Petitioning and construing them Libellers so rendering the Laws a Nose of Wax to serve their Arbitrary ends And many more such-like too long here to enumerate We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the influence of Jesuitical Councils coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a condition of Popery and Slavery as the aforesaid oppressions do inevitably threaten we will to the utmost of our power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost endeavours for the recovery of our almost-ruin'd Laws Liberties and Religion and herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bug bear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their Tyrannical Insolencies and Usurpations For we assure our selves that no rational and unbyass'd Person will judge it Rebellion to defend our Laws and Religion which all our Princes have Sworn at their Coronation which Oath how well it hath been observed of late we desire a Free Parliament may have the consideration of We own it Rebellion to resist a King that governs by Law but he was alwaies accounted a Tyrant that made his Will the Law and to resist such a one we justly esteem no Rebellion but a necessary Defence And in this Consideration we doubt not of all honest mens assistance and humbly hope for and implore the Great God's protection that turneth the Hearts of His People as pleaseth Him best it having been observed that People can never be of one mind without His Inspiration which hath in all Ages confirmed that Observation Vox Populi est vox Dei. The present Restoring the Charters and reversing the oppressing and unjust Judgment given on Magdalen-College Fellows is plain are but to still the People like Plumbs to Children by deceiving them for a while But if they shall by this Stratagem be fooled till this present Storm that threatens the Papists be past as soon as they shall be re-settled the former Oppression will be put on with greater vigour but we hope In vain is the Net spread in the sight of the Birds for First The Papists old Rule is that Faith is not to be kept with Hereticks as they term Protestants tho the Popish Religion is the greatest Heresie And 2ly Queen Mary's so ill observing her Promises to the Suffolk men that help'd her to her Throne And above all 3ly the Pope's dispensing with the Breach of Oaths Treaties or Promises at his pleasure when it makes for the Service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving credit to the aforesaid Mock shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a freely-elected Parliament To whom under GOD we referr our Cause In the mean time the Nobility about the King having used all the Arguments they could invent to perswade him to call a Free Parliament and finding him unmoveably fixed in a contrary resolution and the Army in great discontent disorder and fear and the whole Nation just ready to take fire Prince George of Denmark the Duke of Grasion the Lord Churchil and many others of the Protestant Nobility left him and went over to the Prince of Orange who was then at Sherborn the Prince left this Letter for the King. SIR WIth an Heart full of Grief am I forced to write what Prudence will not permit me to say to your Face And may I e'er find Credit with Your Majesty and Protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature are too often accompanied I am not ignorant of the frequent Mischiefs wrought in the World by factious pretences of Religion but were not Religion the most justifiable Cause it would not be made the most specious pretence And your Majesty has alwaies shewn too uninterested a Sense of Religion to doubt the just effects of it in one whose practices have I hope never given the World cause to censure his real Conviction of it or his backwardness to perform what his Honour and Conscience prompt him to How then can I longer disguise my just Concern for that Religion in which I have been so happily educated which my Judgment throughly convinceth me to be the Best and for the Support of which I am so highly interested in my native Country and Is not England now by the most endearing Tye become so Whilst the restless Spirits of the Enemies of the REFORMED RELIGION back'd by the cruel Zeal and prevailing Power of France justly alarm and unite all the Protestant Princes of Christendom and engage them in so vast an Expence for the support of it Can I act so degenerous and mean a part as to deny my concurrence to such worthy Endeavours for the disabusing of your Majesty by the re-inforcement of those Laws and re-establishment of that Government on which alone depends the well being of your Majesty and of the Protestant Religion in Europe This Sir is that irresistable and only Cause that could come in competition with my Duty and Obligations to your Majesty and be able to tear me from you whilst the same affectionate desire of serving you continues in me Could I secure your person by the hazard of my Life I should think it could not be better imployed And wou'd to God these your distracted Kingdoms might yet receive that satisfactory compliance from your Majesty in all their justifiable pretensions as might upon the only sure Foundation that of the Love and Interest of your Subjects establish your Government and as strongly unite the Hearts of all your Subjects to you as is that of SIR Your Majesty's most humble and most obedient Son and Servant The Lord Churchil left a Letter to the same purpose which runs thus SIR SInce Men are seldom