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A47486 Tyranny detected and the late revolution justify'd by the law of God, the law of nature, and the practice of all nations being a history of the late King James's reign and a discovery of his arts and actions for introducing popery and arbitrary power ... : wherein all the arguments against the revolution are fairly propounded and candidly answer'd ... / by Ric. Kingston. Kingston, Richard, b. 1635? 1699 (1699) Wing K616; ESTC R27456 101,348 297

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the very first Descent that it could never be throughly setled in after Ages The Truth is before the Flood the Scripture is so silent in this matter that no Man can affirm whether the Government of the World in those yearly Ages was Regal Aristocratical or Paternal and consequently not in which Form to fix this pretended Divine Right without offering injury to the other Nor after the Flood do we mind this Right granted to Noah in greater proportion than to his Sons in common Which was to acquire what they could and enjoy what they acquir'd for these are the words of their Charter to subdue the earth and * Gen. 9. possess it The New Testament gives no greater incouragement to this pretence of Divine Right than the Old for tho' in the Theocracy Kings were set up by God yet that method ceas'd when Shylo came and tho' the blessed Jesus and his Holy Apostles were very pressing in those Moral duties of Obedience to Superiors yet they no where asserted a Divine Right nor prescrib'd any Forms of Government or making alterations but yielded a cheerful Submission to the Reigning Powers where they came without calling their Titles into doubtful Disputations Now seeing we cannot find this Divine Right of Monarchy and Hereditary Succession granted by the Law of God as founded in Paternal or Patriarchal Authority nor Morally impress'd on human Nature nor possitively Reveal'd in holy Scripture which I shall particularly discourse hereafter let us descend into our own Histories and if we cannot find it there we must leave it as a Chimera or a politick Stratagem to Introduce Tyranny Democracy was the first Government in this British Isle Their Druids serv'd both for Priests and Judges the whole Nation were a barbarous People that knew not God and worship'd Idols And it would seem strange to search for a Pearle in this Dunghil to derive a Pedigree from these bruitish Ancestors or build a Divine Right of Succession upon such a Heathenish foundation when a Human Right is more Eligible and Honourable After the Druids succeeded a Race of Lords or Petty Kings that divided Britain into eight and twenty Provinces and chang'd the Democracy into an Aristocracy every Province paying Allegiance to their own Lord and because among such a Medly it would be hard to find from which of them to derive a Divine Right of Succession I shall leave it as too Nice and Intricate a matter and pass to the Romans Whose Government when Julius Caesar made his first and second Descent into Britain was Aristocratical and he himself had then no greater title than Dictator and if we examine the whole time of their continuance here which was Five hundred Years we shall find that all the several Governors came in by Intrusion Usurpation Adoption Confirmation or Purchase but not one of them ever claim'd by Hereditary Succession Britain being abandon'd by the Romans they elected Vortigern Earl Cornwall King but upon the Leudness and Debauchery of his life and neglecting the true Interest of the Kingdom they Depos'd him and chose his Son Vortimer and after his decease upon promising to Govern more Regularly by a new Election re-inthron'd Vortigern who was Conquer'd by the Saxons whom he call'd in to assist him in his Wars against the Picts and Scots so that here also we have quite lost all pretences to a lineal Succession from the Britains or a pretended Power from God to Oppress and Ruin his People The Saxons were a Wild Illeterate and Barbarous People living by Plunder and Rapine Souldiers of Fortune without any certain Habitation and having no Title of their own as they Demean'd themselves could very ill pretend to have one from God nor could their Heptarchy introduce a Divine Right among us for then we must allow seven Kings at once to Govern by Divine Right in England The Danes drove out the Saxons injoy'd the Monarchy many Years and after much strugling were repuls'd by the Saxons and they again by the Danes among whom were so many Kings Banish'd Murther'd and Depos'd that 't is impossible with any kind of certainty to fix a Succession from any of them For Edward the Confessor that succeeded Harold the last Danish King in England and in whom for want of Issue that Line was extinguish'd had no Hereditary Right 'T was at first indisputably in Edward Son of Edmond Ironside Father to Edgar Etheling his Nephew during his Life and after his Decease to that Edgar who was also Nephew to the Confessor Harold Son of Earl Godwyn that without other Ceremony set the Crown upon his own Head had no pretence of Right to it tho' as affairs then stood was very fit for it for Edgar Etheling was then living and claim'd it tho' he wanted Power to maintain his Right and so Harold kept the Crown till he was depriv'd of that and his Life by one of another Family and a Foreign Nation which has utterly destroy'd all pretensions to the Divine Right of Succession in this Kingdom unless you will make God the Author of all those horrid Murthers Devastations and Confusions that were committed by many of these Princes in acquiring their Crowns And here I must pursue the Succession from the Norman Race William the First was Illegitimate and had no Right but from his Sword and the Peoples submission and Electing him after he had subdu'd King Harold and the latter Right he always preferr'd before the former William the second was Elected against the Right of his Elder Brother Robert who was then living Henry the first was Elected King Favente Clero Populo his Elder Brother Robert being living at the same time and claim'd the Crown in Right of his Birth King Stephen was Elected a Clero Populo and Maud who had the Right of Succession was excluded Henry the second came in by consent yet he had no Hereditary Right for his Mother Maud the Empress Daughter and Heir to Henry the First was then living King John had no Right of Succession for he had an Elder Brother Jeffery Earl of Brittany who had issue Arthur and Eleanor whose Heirs for ought we know to the contrary may still have a being in the World but John tho' Arthur his Eldest Brother's Son was then living was Elected a Clero Populo and being divorc'd from his Wife had Henry the Third by his new Queen Henry the third was Crown'd and settl'd in the Kingdom by the general Election of the People tho' he had no Right to the Succession for Eleanor Daughter to Jeoffry his Father's Eldest Brother was then living Roger Mortimer Earl of March Son of Edmund by Philippa Daughter and Heiress to Lionel Duke of Clarence a younger Son of Edward the Third was by Parliament in the 9 R. 2. declared Heir apparent to the Crown which could not be but by vertue of an Act of Parliament Henry the Fourth came to the Crown by way of Election and in the eighth Year
of his Reign was the first Act of Parliament made for entailing the Crown with Remainders By vertue of which Entail his Son Henry the fifth became King and after him Henry the sixth in whose time Richard Duke of York claim'd the Crown and an Act of Parliament was made 39 Hen. 6. that Henry should enjoy the Crown for his Life and Richard and his Heirs after him After which King Henry raise's an Army kills Richard for which He the Queen and Prince were all Attainted 1 Edw. 4. because Richard was declared Heir apparent to the Crown after Henry by Act of Parliament but this Attainder was repeal'd in terms of Disgrace and Detestation 1 Hen. 7. Rot. Parl. 1 Hen. 7. Edward the fourth succeeded Henry 6. by vertue of an Act of Parliament made in the time of Hen. 6 for entailing the Crown as Son and Heir to the Duke of York Richard the third was confirmed King by Act of Parliament tho' he came to it by blood and murther Henry the seventh comes in by no Legal Title because Edw. the fourth's Daughter and his own Mother were both living In his time the Crown was entail'd on him and his Heirs by an Act of Parliament and he would never suffer any other Title to declare his Right Henry the eighth succeeded who as all his Laws speak deriv'd his Title to the Crown from his Father by vertue of the Act of Parliament above-nam'd and not by any Title from his Mother tho' by the Law of Succession his Right from Queen Elizabeth Daughter of Edw. 4. was indisputable In his Reign the Crown was thrice entail'd but the great one was that of 35. c. 1. by which Edward the sixth Queen Mary and Queen Elizabeth succeeded in whose Reign was made an Act of Parliament making it high Treason to say it was not in the Power of Parliaments to limit the Succession of the Crown Upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were entail'd and the Articles of Marriage confirm'd by Act of Parliament and by that Act of Parliament Philip was created King and exercis'd Sovereign Authority and particularly in making Laws together with the Queen the Style of the Royal Assent to Bills in Parliament being at that time Le Roy La Reigne les veulent by all which it appears that the Kings of England since the Crown was setl'd in a particular Family as well as before are Kings by the Laws of the 〈…〉 of human Constitution tho' their Power is from God Almighty Nor does this opinion aim at the changing our Hereditary Monarchy into an Elective Kingdom but shews that there is no such absolute necessity of keeping the Lineal Descent in respect of a single Person that it cannot be chang'd for the preservation of a Kingdom contrary to the Opinion of our Lawyers who affirm from History Records and Law-Books that our Monarchy is Hereditary as to a Family but Elective as to Persons However to obviate the prejudice that might arise from that preconceit I shall shew you 't is Hereditary and yet that that Hereditary Right came also by Law and therefore may be interrupted by our Legislators That England is an Hereditary Monarchy and that the common course of Succession is to be inviolably observ'd when it consists with the publick good and safety of the Kingdom none will deny for our own Laws have so determin'd it as a custom grounded upon sufficient Reasons Our Ancestors perceiving that the way of Electing Kings was subject to many Inconveniencies and often expos'd the Kingdom to Tempests Interregnum's and Revolutions as well as to the seditious commotions of under-hand dealers and the Pride and Ambition of Men too desirous to be uppermost And that Kings coming to the Crown by Election neglected the Demeans and squander'd away the Treasure of the Nation because they had no prospect of leaving the Crown to their Heirs 't was therefore thought advisable and beneficial to the Publick to fix the Royalty in a particular Family As for example In the eighth of Hen. the fourth there was an Act of Parliament which entail'd the Crown with Remainders And to name no other instances of the like kind it was made Treasonable by an Act of Parliament in the thirteenth of Queen Elizabeth for any Man to affirm that the common Laws of this Realm ought not to direct the Right of the Crown of England or that the Laws were not of sufficient force and validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof So that 't is plain an Hereditary Right is a Right by the Laws of England and not otherwise And what need is there of any other since a Right by Law makes a Rightful and Lawful King in despite of all the over-nice Distinctions of State-Criticks to the contrary And truly Of all Men living the late King James and his Defenders have least Reason to quarrel this Right by Law For How came it to pass that the Line of the Stewarts had a better Title to the Crown of Scotland than that of the Baliols but only that the Laws of Scotland that is the Consent of the Estates of that Kingdom made them so For otherwise if we search into the Pedigrees of those two Families we shall find that Baliol according to the common receiv'd Rules of Descent was nearer in Blood to the last King David than Bruce and was so adjudg'd at a solemn Hearing * Bak. Chron. pag. 96. between both Parties by our King Edward the First in Parliament Besides the late King has left it upon Record from his own Mouth that the Laws of England were able to make a King as great and happy as he could desire to be and after that I cannot imagine what he could wish for next But His Intentions being fix'd to destroy those Laws that in observing them would have made him great and happy he stood in need of a Title Superior to them therefore his Flatterers contriv'd one of a Divine Original and yet it dy'd before him the Divinity of his Office was more Mortal than that of his Person and well it might having no Being unless in the Heads of its first Inventore The Scripture has declar'd the Falsity of this new Hypothesis † Rom. 13. St. Paul saying There is no Power but of God must be understood of Government in general For the Apostle does not say There is no Prince but is of God but There is no Power but of God St. Peter also makes Kings to be of Humane Constitution as well as our Laws which know no such thing as a Personal Authority in the King Antecedent and Superiour to all Laws nor no Divine Law or just Inference from it which does any where set aside Humane Constitutions agreeable to Christianity and beneficial to Civil Societies Therefore if a King by Lawful Succession shall act unlawfully and
instead of preserving the Religious and Civil Rights of his Subjects shall endeavour to destroy them he may be set aside without Prejudice to the Constitution since we are not oblig'd to preserve the Right of the Succession to the Destruction of the Kingdom Fit and Just ought to over-rule Custom and Formalities give way to the Necessities of the Publick 'T was a common Saying amongst the late King James's Favourites that their King had a Divine Right and therefore he would not be a Slave to the Law And there is greater Reason that his Subjects should not be Slaves to a Tyrant that broke them nor Millions of Souls be ruin'd to humour a Single Person No pretended Right whatsoever can Legitimate Unlawful Practices and therefore when a King forgetting whose Minister he is degenerates into Tyrant and deprives the Nation of all those Blessings that Heaven had given us the quiet Enjoyment of I think there can be no Reason assign'd why we should endure those Violences any longer than till we are in a Capacity to help our selves The Right of Succession has been always Claim'd but not constantly Enjoy'd and the Two Houses of Parliament notwithstanding this Claim have set the Crown upon the Heads of those Princes whom they knew had no Hereditary Right to it and yet they have been esteem'd as Lawful Kings in all our Chronicles and Laws while those who were next of Blood were laid Aside when the Safety of the Kingdom which is to be consider'd in the first and chiefest place makes it necessary so to do Into what a lamentable Condition would this Kingdom have been reduc'd if the Law that Intails the Succession on the Next in Blood should also give him a Power to do what he pleases be it Right or Wrong Wherefore as the Law has often dispenc'd with the Next Heir before he came to the Crown for the former Reasons so it shews us that we are no ways bound to a Prince on the Throne who by Breaking the Laws of the Constitution has Abdicated the Government and stands Virtually Depos'd by his own Actions as well as by a Law as antient as Edward the Confessor or rather Edgar his Grandfather which says If the King refuseth to govern by Law not so much as the Name or Title of King remains to him For * Nec nomen Regis in eo constabit Spel. Concil leg Guil. c. 6. Hoveden's Annals Part 2. p. 608. he ceases to be King that governs by his own Will and not according to Law So that 't is plain the Kings of England are not Kings by a Divine but Humane Appointment They are not Absolute but Limited Monarchs and Circumscrib'd and Bounded in their Powers and Prerogatives from Oppressing and Destroying their Subjects which if the late King had observ'd without suffering himself to have been abus'd by False Notions and Fawning Flatteries he might have been as Great and as Happy a Prince as he could have wish'd himself to be Whereas striving to be above all has reduc'd him into a Mean and Insignificant Station So true is that Maxim That they which Wrestle with Laws are always Thrown and fall Uneasie and Unpity'd But As Mischiefs seldom come Alone so this pretended Divine Right was accompany'd with the Doctrine of Passive Obedience and Non-Resistance the first set him above all kind of Restraint and the other laid his Subjects under his Feet to be Trampled on or Destroy'd at his Pleasure and both being of pernicious Consequence I shall endeavour to stop the Currency of the latter also by shewing that the Doctrine of Passive Obedience and Non-Resistance are False in their Application of it and Dangerous to Kings and Destructive to Subjects They are false as the Authors apply them in Licensing all kind of Wickedness and putting it into the Power of every Arbitrary Ruler to invade the Laws and Liberties the Lives and Fortunes of his Subjects and to do what Mischief he pleases whilst by a Voluntary Submission we yield up our Rights which tho we might have been able to have Kept them while we had them may never be in any possibility of Regaining them when we have lost them Nam quid vis citius dissolvi posse videmus Quam rursus reficio For Things much sooner perish than attain Being dissolv'd to be repair'd again Sad Examples whereof we have in our Neighbouring Kingdoms who for want of a timely opposing the Arbitrary Power of their Kings have fallen into Governments as Absolute and Tyrannical as the Ottoman Empire where no Man can call any thing his own Certainly those which with so much Zeal contend for Passive Obedience never consider'd the Consequences of it What would not some Princes do if they were assured that no body would oppose them Nay what would not the late King have done had he been let alone to pursue his Violent Methods without that most admirable Check of Providence that encounter'd him Nature has founded our Obedience upon a Supposition that it was for the Good of the Community and not otherwise And would it not be a Contradiction if Princes might extend their Authority beyond the Design of its Institution and attempt the Destruction of the Society and we quietly submit to whatever they pleas'd to do I am as far from denying the Persons of the Kings and Queens of this Nation to be Sacred and Inviolable as any Man living yet I dare not say they are to be Obey'd in All Cases whatsoever for then the Doctrine of Passive Obedience and the Bow-string would be the same and we must owe our Lives to Fortune not to Justice What if a King should take pleasure in Burning of Cities Murthering Men and Ravishing Women for such Kings there have been in the World and what has been may be again Sure 't would be a piece of the greatest Impiety and Wickedness but to imagin he might do it without Control Fathers by the Law of Nature have a greater Authority over their Children than Kings have over their Subjects and yet if a Father comes to kill his Child he is not oblig'd to submit and open his Breast to the Dagger or hold up his Throat whilst his Father cuts it No Nature Common Sense Self-preservation and the Practice of all Nations is too powerful for the Sophistry of such Principles and those that cannot reason can feel what they are to do in such Cases Grotius says The King must be bereav'd of his Wits that attempts the Destruction of his whole People but grants that they do sometimes destroy one Part for the sake of another as King James's Design was to destroy the Protestants in favour of the Papists and the English in favour of the Irish but says he ought not to be Obey'd in such Frentick Depopulations And if Grotius thinks the Prince Mad that attempts it we may conclude them little better that mis-apply their Parts to defend it For tho' the Scripture commands Obedience to Authority without Exception
Ishbosheth had Right by Descent from Saul but David was made King And 't was for the sake of Religion that they were thus Plac'd and Displac'd In France Childeric was Depos'd and Egidius or Gillon a mere Stranger but in Reputation for Probity and Wisdom was Elected in his stead Pepin was Elected King and Thierry Depos'd Pepin Grandson to the former was by Parliament Crown'd King tho' there was of that Marovinian Race in Being Charlemain's and Hugh Capet's best if not only Title was the Choice of the People So that I wonder the French Writers should question the Legality of the late Revolution in England since if we look back into the Original of other Kings and how they came to their Crowns King William's Title to the Crown of England is as good as the best and much better than some now Reigning in Europe for if all the Monarchs and Governments in Europe that have succeeded such Depositions or Abdications have been Unlawful and Usurp'd there is not one Monarch or Government in all Europe nay scarce in the whole World that can say they have a Lawful Authority but must acknowledge according to the Doctrine of D' Orleance that they are all Usurpers Which I wonder he had the Confidence to Assert since he cannot be ignorant that the French Kings enjoy their Crowns in Consequence of the Abdications and Depositions of their Predecessors and the People's Elections which succeeded those Dethronements So that King William 's Title to the Crown of England is as good as King Lewis's to France if not better for their own Historians give great Suspicion of Unfair Dealings and Sly Practices in the Elections of some of the French Kings but neither Envy it self nor the most Inveterate of all our Enemies could ever object it against King William that by any Acts of Force or Arts of Corruption he endeavour'd to work on the Members of either House to labour his own Advancement but that it was the Free Election of the Majority after long Debates and Consultations on other Expedients His Majesty did not like King Harold lay Violent Hands upon a Crown but only Accepted it when it was Offer'd And which shews his Goodness and Justice he receiv'd it too on the Conditions that were offer'd with it which gives us a lasting Assurance of the Regularity of his Government His Vertue and his Merit recommended him to England by their Free Election he was made King and that is the Right he Claims by and being the most Righteous and Lawful that can be without a Miracle it makes out Allegiance and Obedience to him become our Indispencible Duty But That which I but hinted before and now comes to Crown all the rest and put it quite out of Dispute for ever is It was God's Doing the Immediate Hand of Heaven was in it And truly nothing less could have accomplish'd such Miraculous Things We all know what the Nation Felt and Fear'd the Overturning of this Church and the Subverting this Government Now all this being stopp'd our Religion secur'd our Temporalities safe and a Check put to the Spirit of Persecution and all in so short a Time must be ascrib'd to an Almighty Power and Goodness That when the Design of our Deliverance was Form'd and Essaying there should be so extraordinary a Concurrence of all Favourable Accidents and disposing all Men's Minds the same Way That the Precipitation and Folly of our Persecutors in opening their Ill Designs so Early and the Unrelenting Cruelty put in practice in a Neighbouring Kingdom should send us over so many Thousand Witnesses to awaken us and shew us what we were to expect when that Bloody Religion became Triumphant amongst us and what all Oaths Promises and Laws should signifie as soon as they could break through them And that this should happen at the same time when the late King was Suspending Laws in favour of the Papists That our Enemies should go on so fast and Bare-fac'd That they should grasp so much at once and suffer the Hook to be so ill cover'd when the Bait was thrown out And that all their Designs should be blasted by themselves must be ascrib'd to the Eternal who brings to Light the hidden Things of Darkness and suffers the Wicked to be taken in the Snare they prepar'd for others Further That the great Supporter of Persecution should start a Quarrel with the Head of that Mystical Babylon and divert his Force to a New War an unjust one to be sure since he began it And so many great Princes should Unite to Stop his Carier and preserve Europe That so great an Army as the late King had Rais'd from whom our present King might expect a stout Opposition should voluntarily Desert grow Supine and comply with Reason and the Good of the Nation That such a Divided People should so Unanimously Concurr in in Electing the same Person to be their King and that this mighty Deliverance should be perfected without Shedding of Blood agreeable to the Proposals and Intentions of our Great Deliverer the Laws of the Land and the present and future Tranquility of the whole Nation must be the Lord 's Doing and ought to be Commemorated to his Eternal Glory and Accompany'd with a Grateful Retribution and Dutiful Obedience to our Gracious King who hath done such great Things for us Which is the last Particular 'T is doubtless one of the most palpable Signs of a Base Profligate Nature not to be oblig'd by Favours 'T would be an Injury to a Beast to call him Ingrateful That Epithet no Being can deserve but one that is degenerated into something more Vile than the worst of Animals that has broke through all that is Modest Ingenious and Tender and Apprehensive in Humane Nature And for the Noble Creature Man to be guilty of Ingratitude in Offending our Deliverer or Dishonouring our Sovereign by any Rash or Unadvis'd Words or Actions who sav'd us from Ruin who snatch'd us from the Brink of Destruction To return him Evil for Good to requite his Favours with Indignities to Diminish his Power by taking too much upon themselves to Mis-represent his Gratious Intention or Lessen or Detract from his Goodness is to sink below Comprehension and render himself unworthy of the Blackest Thought With what Emotion and Grief of Mind then can we think of those that are already grown so Insensible of their past Dangers and forgetting the Mercy of their Deliverance abuse Modest Ears with Invidious Reflections upon the Supream and Subordinate Authority they ought to obey How is Conversation Sour'd by those Animals that like Tame Ducks are always dabling in Nasty Gutturs that Espy and Publish all Men's Faults but their own and can no more rest from Reproaching their Superiours than a Crow from feeding on Carrion Jealousies like Bull-Rushes grow out of the Mud of their own Brains and their Suspicious and Ungrounded Glances discover more Rancour than direct Contumelies They boast of their Affection and mighty
own Will should prescribe to it By virtue of this Unlimited Power he brought a Jesuit into the Privy-Council made a Profess'd Papist Secretary of State constituted two Popish Judges and fill'd up many of the most Important Offices and Places of Trust and Profit in the Kingdom with Papists such as Sheriffs Justices of the Peace Mayors of Cities and Corporations and Officers in his Army And that he might be able to gain his Point and force those that refus'd to comply voluntarily he put the Tower of London the great Magazin of England and Keeper of the Regalia into the Hands of Sir Edward Hales as Rank and Sowr a Papist as ever our Soil produc'd and fill'd all the Vacant Places of his Army with Popish Officers By the same Authority he granted an Ecclesiastical Commission gave Four Popish Bishops Power to visit several Districts in England plac'd a Society of Jesuits in the Savoy and erected Popish Schools and Mass-Houses in most of our Cities and Corporations And Lastly To annoy his Subjects and force his Way through all Difficulties in Times of Peace kept a Standing Army 'T is needless to tell the Reader that these Proceedings were contrary to the Laws of the Land and wholly Inconsistent with them for there are very few or none but know it already in general Terms I shall therefore apply my self to shew you how it was against Law and what would have been the Consequences of this Unlimited Power if the late King had continu'd longer amongst us And this brings me to shew you his particular Actions To feel the Pulse of England and try how they Resented his Proceedings the late King commonly began the Exercise of his Arbitrary Power in Scotland and from the Measures that were taken there we might take a Prospect of his Tyranny and our own Calamities for tho' he shew'd us his Designs under the Soft Title of Dispencing in Scotland he threw off that Vizor and explained himself in calling it Vide Scotch Declaration Annulling and Disabling Laws And to shew all the World his Arbitrary Ends he gave such a Specimen of his Single Unlimited Power there that he attempted to do more in that Kingdom which as well as ours is a Limited Monarchy than the United Power of King Lords and Commons together were able to do and that was by imposing an Oath on that People contrary to Law in these Words You shall swear to the utmost of your Power to Defend Assist and Maintain the King and his Successors in the Exercise of their Absolute Power And this I take Leave to say the King and Parliament could not impose upon the Subject because it was in it self a Subversion of the Constitution as being an Obligation to support a Power destructive to the whole Frame of the Government This Caprichio of the late King James was the Master-piece of all his Jesuited Counsels and the Finishing Stroke of an Eternal Vassalage for this Oath was created by his Arbitrary Power and his Arbitrary Power was to be supported by this Oath and both must grow together and run in an Endless Circle to the utter Extinction of all the Remains of our Natural Liberty or Legal Government And what was done in Scotland we have Reason to believe in its Course must have been exercis'd in England also the late King having no more or other Authority in one Kingdom than he has in the other and both then govern'd by the same Arbitrary Maxims and Popish Ministers In England the late King assuming a Dispensing power Usurp'd the whole Legislative Authority into his own Hands for to Dispense with Laws is as great a power as to make them and by the exercise of it invested himself with a power as great if not greater than that of King and Parliament together who can joyntly but not severally give any Resolve the Authority of a Law The pretences to justifie this Action was that he might have the assistance of all his Subjects and that the Papists having been equally Loyal to his Progenitors they might not be discourag'd by legal Discriminations This was but a light pretence tho' part of the Intrigue for his dispencing power was chiefly directed to another and more considerable purpose From the latter end of King Charles's Reign the Press was loaden with Pamphlets and City and Country fill'd with invectives against Parliaments as unnecessary Wenns in the Government that were fit to be cut off that the Royal Authority might be without any Legal or Pecuniary Restraint or Limitation Now the Dispencing Power would do this Work effectually for it put the whole Legislative Authority into the King's Hands and made Parliaments Useless and signifie Nothing For this End was it set up And the Employing Papists that were Unqualify'd by Law was for no other End but to support the Dispencing Power till it had accomplish'd what was intended by it Protestants could not be suppos'd to engage in this Design for the Law was made in their Favour and was their Security against Romish Persecutions and Depredations and therefore the late King would bring Papists into the Government to whom the Laws were Enemies that in requital they might be Enemies to to the Laws and stick at nothing to support their King's Power that made them what they were and would only continue them in their Advantageous Stations So that if that King should gain his Point there seem'd a kind of Mutual Necessity for the late King to Introduce Papists and for Papists to execute his Orders or the Power and the Officers would sink into their Original Nothing But the Snare is broken and we are Deliver'd Strong Desires are the Common Temptations to the Use of Ill Means and never did any Man grasp at the Power to do Mischief without the Purpose If ever there have been such mysterious Riddles of Irregular Vertue yet James the Second never gave any Instances of it for it plainly appear'd in him how effectually the Temptation of Unlimited Power work'd in his Ambitious Humour He never thought any thing Enough till he had ingross'd a Power to Ruin All and turn Old England into a Wilderness of New Confusions By this Dispencing Power he at once suspended above Forty Statures relalating to our Religion and the next Week by the same Arbitrary Power might have suspended Forty more that secur'd our Civil Properties likewise for he had no more Right to do the one than the other and so might have gone on to the End of the Chapter till he had Abrogated all the Laws in the Statute-Book and acted here as afterwards Doctor King tells us he did in Ireland * State of Ireland p. 92. Seize Men's Goods for his own Use by a File of Musqueteers or at best by his own Warrant without any kind of Legal Process and to which he had no other Claim but that he wanted them Now if this be not Tyranny nothing in the World can merit that Appellation and therefore