people or who after he had got into the Throne obtained the submissions of the People The same reason admits an Alien born though he be estranged from us by his Birth Est in Juvencis est in equis patrum vertus Though what I have said in this matter is so obvious that no considering man can escape these thoughts yet I cannot think it impertinent to add it here to clear what I have laid down in the precedent Sheets as an undoubted truth and evident in it self That the Succession to the Crown is the peoples Right But there is nothing I perceive to be allowed clear and evident when we live in an Age wherein Fools and most ignorant persons will undertake by the Liberty of the Press to print and publish to the world their crude thoughts and with great assurance offer their uncouth Opinions with astonishing presumption Besides to the reasonableness of this Doctrine it is agreeable to the Illustrious Grotius De Jure Belli Pacis Lib. 2. cap. 7. And nothing follows from his collected Law-cases about the different Rules of Succession of the Crown from private Fees but that he is a very young Lawyer or an old senseless Jobber of Law-Cases But I hope that all men that read him will with resentment think themselves used with scorn when they see what frivolous Fellows attempt upon them to deceive them and will be fully convinced that the Bill is reasonable just and fit since they have nothing better to object against it The last endeavour of the Epistoler is to remove the Authority of Parliaments and the Act made in the Thirteenth of Queen Elizabeth The words of which are printed at the close of the Papers against the man of Great and Weighty Considerations Our case is not in its reasons unparallel to those that introduced that Law and occasioned the making of that Declaration but whatever was the particular Reason the Declaration of that Parliament in that Act is general and therefore it is an Authority not to be impeached to prove that there is such a power to alter the Succession of the Crown for great Ends and weighty Reasons and just Causes Besides that such a power is lodged in the Parliament is clearly proved by us from the nature of Government in the foregoing Sheets As also that such a power will not be abused by using it in this Bill of Exclusion of which I hope no body upon the reading of them will retain any longer any manner of doubt But I cannot before I have done but take notice of his little Artifice in that he doth suggest that by the Act of Parliament of the Thirteenth of Queen Elizabeth cap 1. the Title of the Family of Stuarts is excluded when it is evident by the words of the Act that the Disability there enacted is only personal And his story of Monsieur the Duke of Anjou designing then to marry the Queen is a false and malicious insinuation to hurt the memory of that excellent Princess And consequently that King James and his Race had and have notwithstanding the validity of that Act a good Title to the Crown And that the validity of that Act may be maintained without derogation and injury to his Majesties sacred Title whom God long preserve A short Historical Collection touching the SUCCESSION of the CROWN WHether the History of the Succession of the Crown will allow so good and clear an Hereditary Right Jure humano as we have yielded in the precedent discourse the Reader will best judge by the short Historical Collection touching the Succession hereto subjoyned In the Heptarchy there was no fit Hereditary Right one King tripping up the heels of another as he had power till one got all After that Alfred bastard-Bastard-son to Oswin Adelstane bastard-Bastard-son of Edward the Elder Edmund Surnamed the Martyr bastard-Bastard-son to King Edgar Harold Surnamed Harefoot bastard-Bastard-son to Canute wore the Imperial Crown of England But a Law was made under the Saxon Monarchy De Oodinatione Regum directing the Election of Kings and prohibiting Bastards to be chosen Edward the Confessor was no King Jure Haereditario but the right was most indisputable at first in Edward Son of Edmond Ironside Father to Edgar Etheling his Nephew during his life and after his decease in that Edgar who was Nephew also to the Confessor William the First called the Conquerour was a Bastard and had no right but from his Sword and the Peoples Suhmissions and their Electing him William Rufus was elected against the right of his Elder Brother Robert then living Henry the First was made King favenle Clero Populo his Brother Robert still living whose Eyes were after put out at Cardiss-Castle in Wales King Stephen was elected a Clero Populo and confirmed by the Pope and Maud Daughter of Henry the First 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 an elder Brother Jeoffery Earl of Brittany who had Issue Arthur and Elianor which ought to have succeeded before him but he Arthur his Eldest Brother's Son living was elected a Clero Populo and being divorced from his Wife by his new Queen had Henry the Third Henry the Third was confirmed and setled in the Kingdom by the general Election of the people Elianor Daughter to Jeoffery the elder Brother still living Roger Mortimer Earl of March Son of Edmund by Philippa Daughter and Heir of Lionel Duke Clarence a younger Son of Edward the Third was in the Parliament 9 R. 2. declared Heir Apparent of the Crown which could not be but by force of an Act of Parliament Henry the Fourth came to the Crown by way of Election and in his time viz. in the eighth year of his Reign was the first Act of Parliament made for Entailing the Crown with Remainders By vertue of which his Son Henry the Fifth became King and after him Henry the Sixth In Henry the Sixth his time Richard Duke of York claimed the Crown and an Act of Parliament was made 39 H. 6. that Henry the Sixth should enjoy the Crown for his life and the said Duke and his Heirs after him After which King Henry raises an Army by the assistance of the Queen and Prince and at Wakefield in Battle kills the Duke for which 1 Edw. 4. they were all by Act of Parliament attainted of Treason and one principal reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had kill'd him which Act of Attainder was 1 H. 7. repealed and the Blood of the King Queen and Prince restored in terms of disgrace and detestation of so barbarous an Attainder Rot. Palr Anno 1 H. 7. Edward the Fourth succeeds upon the death of H. 6. by vertue of an Act of Parliament made in the time of H. 6. for entailing the Crown as Son
res bonae damnari quia sunt qui iis abutuntur sed verso in morem abusu intermitti res ipsas non est infrequens The young men of the Church of England have their Heads filled with the Imagination of a numerous Sect of Presbyterians amongst us and have form'd a frightful Idea and Character of this Imaginary Sect as sworn Enemies to the Episcopal Government Whereas our old Puritans and late Dissenters I speak of the gross of them for they are not answerable for the Fools and Rogues sent amongst them or at least spirited by the Roman Priests no more than any other Party or Division of men are for the Rogues that pass under their numbers or respective denominations have not disliked the Episcopal Government though by their senseless and unaccountable scruples they have depriv'd themselves of the benefit of the Communion of our Church and thereby give so much scandal to the Government and make the Popish Plot considerable which can no longer subsist than they are pleased to continue obstinate in their conceited follies They beg to be re-admitted to have the terms of our Communion made easie by relaxation of a Ceremony or two and a few matters of Scruple To be received again under the Governance and Guidance of our Church and are ready to acknowledge the benefit of the Episcopal Order in the Church of Christ Let this be askt by any man who doubts the truth thereof of any man that is considerable amongst our unhappy Dissenters Dr. Durel in his Book called Vindiciae Ecclesiae Anglicanae tells what a high opinion the Reformed Churches abroad have of our English Episcopacy and that the Bishops were deposed by them because they would not assist but oppos'd the Reformation not of dislike to their Order Mr. Calvin in his Opusc de Necessitate Reformandae Ecclesiae hath declared himself to be of the same mind Talem saith he there nobis Hierarchiam exhibeant in quâ sic emineant Episcopi ut Christo subesse non recusent ut ab illo tanquam vinco capite pendeant ad ipsum referantur in quâ sic inter se fraternam Societatem colant ut non alio modo quam ejus veritati sint colligati Tum vero nullo non anathemate dignos fatear si quis erunt quos non eam revereantur summâque obedientiâ observent His very good liking and great approbation of the Order appears plainly by the earnestness and vehemency of his stile whereby he expresseth himself in the matter Beza de Minist Evangel Gradibus Cap. 23. affirms Essentiale fuit quod ex Dei ordinatione perpetua necesse fuit est erit ut Presbyterio quispiam loco dignitate primus Actioni Gubernandae praesit cum eo quod ipsi divinitus attributum est jure Peter de Moulin Part. 2. Thes 33. Episcopos Angliae inquit post conversionem ad fidem Ejuratum Papismum asserrimus fuisse fideles Dei Servos ne debuisse deserere munus vel Titulum Episcopi Monsieur Drelincourt in his Letters from Geneva upon the happy Restoration of our King 1660 saith Quandoquidem Germania Helvetia suos habent inspectores superintendentes Dania vero ac Suecia suos Episcopos non video cur quis offendi debeat quod Angliae sui etiam sint Episcopi Quod si eadem Regminis forma apud hujus Regni Ecclesias non obtineat id ideo fit quod non convenit cum rerum nostrarum statu cui nihil aptius excogitari potest quam pastorum aequalitas verum si Deus apud quem omnia possibilia in cujus manu sunt Corda Regum ac populorum Monarchae nostro omnibus illius subditis aut saltem maximae eorum parti eam gratiam indulgerent ut reformationem Evangelicam amplecterentur meo quidem judicio impossibile esset inter tantum pastorum numerum aequalitatem retinere compelleret que necessitas ad instituendos quosdam qui aliqua praeeminentiâ gauderent prae caeterîs quique eorum moribus invigilarent The great men of the French Protestant Church though under the state of a severe Persecution who follow the Institutions of Mr. Calvin do at this time applaud the Constitution of our Church and speak of it in terms of high esteem and honour as may be seen in the Letters of Monsieur Moyne Monsieur de l'Angle and Monsieur Claude written to my Lord of London Published by the Dean of Pauls in his Book called the Vnreasonableness of Separation Dr. Durel after he hath in the aforementioned Book shewed that Geneva was a Free City of the Empire of most ancient time That the Soveraign Authority was in the Senate of that City That the Bishop was Chosen by the Canons and Citizens and Swore Allegiance to the Government before he entred the City and that the Consuls of the City did take his Oath That Petrus de Baulme their last Bishop Anno Dom. 1533. being detected of a design to betray the City to the Duke of Savoy fled from the City and at that time the City was and for two years after continued Roman Catholick so that what wrong if any was done to the Bishop was done by the Papists That two years after the Bishop fled from the punishment of his Crimes the Authority of the Senate attempted the Reformation of Religion After this I say Dr. Durel thus concludes Confidenter dicam Genevenses cum Religionem emendarunt Episcopalis regiminis ab Ecclesiâ Eliminatiomem reformationis partem necessariam haud duxisse Besides all amongst us that have the name of Presbyterian called upon them at the pleasure of the Popish Faction subscribe to the Nine and Thirty Articles in what they declare of the Doctrine of the Church of England about Obedience to our King and Governours and are therefore in profession as Loyal as any of those that boast themselves True Sons of the Church of England Indeed Scotland hath been disgrac'd by a vile sort of Presbyterians the onely true Presbyterian Sectaries in the world in any considerable body or union These men have deservedly put that name under eternal infamy by their turbulent and contumacious carriage against the Kingly Authority But to speak the truth this is not imputable so much to Presbytery as to the barbarous Manners and rough Genius of that Nation Though it hath afforded some men in all Ages of great Excellency in all sorts of the most commendable Qualities That Nation was infamous for Disloyalty and a barbarous Treatment of their Kings before Buchanan and Knox were born The Scots boast of One hundred and fifty Kings in Succession in that Kingdom how many Names they have feigned to make out the boast of the Auncientry of their Kingdom we do not know but certain it is they really Imprisoned Deposed and Murdered Fifty of their Kings at least before the time of Mary Queen of Scots whose prosecution was promoted and assisted by the English Bishops A fine Kingdom
that to make Experiments and try Conclusions upon There is little reason to charge the Guilt of the unexpiable Murder of our late Excellent King for which at this day we are doing most severe penances upon Presbytery which was not thought of here in England till the War was begun The heats that produced that unhappy War were from other Causes and Reasons as every body may know But when that War was once begun as no War can be managed by fore-established Rules and Measures it did not stand within the reasons and first designs thereof but was prosecuted and managed by such means and measures as were necessary and possible This will always happen more especially in a Civil War wherein though both parties share in the Causes yet the Guilt to be sure belongs to the Rebels side The Parliament in the Course of the War in their distress prayed Aid of the Scotch Nation who was shortly before entered into the Covenant They refused them any Assistance except they would enter into that Covenant which they had passed upon their own people By this accident that part of the Nation that was engaged in that unnatural War of the Parliaments side were imposed upon by the Scotch Presbytery But after the Covenant was thus imposed they still retained the English Loyalty filled the Town with Protestations and Remonstrances against the Kings feared Murther declared out of their Pulpits against the Actors of that detestable Tragedy were continually contriving to restore our present King to the Government of his Kingdoms and of their instrumentality in his Restoration the King himself is very sensible I wish the Church too were made sensible of the extinction of that prejudice the Scotch Covenant created against her for though God be thanked she hath survived almost all of those deluded Covenanters yet the apprehension of the danger or the remembrance of the evil at least will return with the mention of that name and render it very displeasing I wish I say that prejudice was removed by their frank Declaration of their good liking of her Order in general and by their humble desires to be spared in the matters whereof they yet remain in doubt by the indulgence of the Church That we may not incur the danger of loosing our Religion and Government by the scandal that is given to the Church-men at the old remembrance of what hath been done here by some that were of the Presbyterian Name For this matter of Offence they of the Popish Faction do with mighty advantage to their Villainous design cultivate and improve They stigmatize all that oppose the Popish Plot with the Name of Presbyterians and thereby would denote them Enemies of our Church-Order By this means they have brought many too many Eminent men of our Church to at least a dead Neutrality as if things were come to this pass that they must perish either by that or the Popish Faction and had nothing left them to do but to chuse which way our Church shall be destroyed A cold comfort this would be that whatever way they should take they must assist to the destruction of their Order Upon this rock we are like to be split this makes our deliverance to stick in the birth and upon this hinge the fate of our Religion and Nation will turn Lord what a prodigious thing is this that is come to pass in our age Religion it self must be the devoted thing to the rage and folly of the Priests of that Religion Let them in the Name of God consider what iniquity it is to declame against the faults of others and not endure to hear of their own Crimes To hate one-another for those very proceedings that their own faults occasion where the fault is in both sides the fault is in neither so as they may justly accuse one another and yet they will both fall under a most severe Condemnation to be sure in the next world if they do not both miss their aims and be confounded with guilt and disappointment in this I wish it were considered that scarce any Nation ever yet perished that was so blinded in her own concerns that she had not discerning men enough to have preserved her from the destroying Evil if many good and wise men did not perswade themselves it was better to suffer it than to endeavour to prevent it and from the fears of one Party and the dislike they have conceived against the other determine with themselves to stand Neuters whilst they want Resolution to oppose the dangers that one side threatens and think the disorders of the discontents incorrigible It was a wise Law of Solon That if the Common-wealth at any time should be divided into Factions that the Neuters should be noted with infamy by which every man was obliged to take a side or Party and all the virtuous peaceable and modest were engaged to appear openly in the concernments of the Government he concluded assuredly that by this means Peace would be more easily restored and terms of an accommodation more readily invented and entertained the Factious Knaves of both sides turned out of Office their Evil Designs disappointed and the ruine of the Nation by the Extremities of wicked men prevented For the worst men are most forward in Factions and the greatest beautefeus most honoured by their respective contending Parties before the wise and good interpose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Causes of the Differences would be better understood be rendred clear and conspicuous when the honest men such as can have no interest but the publick good whose Authority is more prevalent with the people than the clearest Reason do declare them and those that are mis-led and abused into Extreams would then unite and conspire against those who gave the first occasion to the Divisions and promote them As did the Factions of the Colonnois and the Vrsins who having discovered that Pope Alexander the Sixth set them still at discord and variance amongst themselves so by their Calamities and Falls to encrease the strength and power of his Son Borgia they fell to agreement among themselves and made head against him their common Enemy If all that are true Protestants and true lovers of our Government would declare themselves on the behalf of our Religion and Government in such terms as befit honest men and as the Exigency of our present state shall require we shall find the numbers of Addressers reduced to the Dukes Pensioners Creatures The number of Phanaticks made so few that the Papists would again become the Fautors and Defenders of Fanaticism as they were about ten years since lest the numbers of Fanaticks should not be big enough to make a Scare-crow for the Church of England or the Schism not considerable enough to disgrace her All discerning men see that the late Addresses have been obtain'd by application That the design therein was to make Voices for the discontinuance of Parliaments and for a Popish Succession If the people
the Nation had recovered out of their partial Lapse into Fanaticism bred up great numbers of excellent Scholars who mastered the prejudices of those times were reverenced by the chief of the Presbyterian party and are the beauty and strength of the Church of England at this time The Presbyterians themselves were grown reconcileable to the Church of England and had learnt by woful experience the mischievousness of Schism upon no better pretences than what then might have been satisfied and accommodated When the King and Church were restored Fanaticism had expired if some old peevish and stiff Church-men had not studied obstacles against an universal Accommodation and some crafty States-men had not projected that the continuance of the Schism would be of great service some time or other to destroy the Church of England and change our ancient Government which is now apparently the Popish Plot and if ever it be affected it will be with this trick of affrighting the Church of England with the apprehension of Fanaticism and making them suspicious of Parliaments As many of them as are drawn into an opinion of the disloyalty of our late Parliaments the illusions of the Popish Plot have passed upon them and they are under the power of its fascinations But both the Loyalty of the late Parliaments and also how much it imports the Plotters to have it believed that they design upon the present Government will at once be clearly understood if it be considered what hath been done for the forging of a Protestant Plot which was intended at the first opening to extend to the House of Commons Things so wicked as would make a virtuous man ashamed of the Age he lives in But after all endeavours to find witnesses for their purpose powerful encouragements and great rewards they have drawn none into their assistance but who are publickly known for Rogues or who wanted Bread or had no Reputation to loose If the falshood of this forged Plot had not been utterly improbable they might have procured better seeming and more credible witnesses They might sure have found in this Age men bad enough not already infamous to have testified a probable Lye But so necessary it is to the Popish design that a Protestant Plot be believed that they are not discouraged at the manifest detection of their Conspiracies Perjuries and Subornations but will still go on as if they had a power to work miracles of villany for their Religion which is no better Our modern Politicians have been most observant agreeably to their virtuous make how frauds perjuries and violence have prospered and succeeded in some particular cases and have brought about some designs they imagine such means throughly multiplied to be able to conquer all things which they design But these Arts which have had success by the permission of God when one Villain hath been to destroy another will not pass upon the Protestant Religion Let them seriously in time despair and give over such enterprises For there is no Enchantment against Jacob nor Divination against Israel the Lot of Gods inheritance and his peculiar Care If Mordecai be of the Seed of the Jews Haman shall fall before him It is matter of comfort to us and despair to the Plotters that not one of their Plots yet but hath proved abortive or they have been defeated by their very success Besides pray let it be observed how this Design of lessening our just confidence in Parliaments is otherwise carried on and promoted It is now become the principal business of the Mercenary Writers for the Plot to pick up and cull out all the enormities and irregularities of those times the Vitia temporum and stories of wild pranks of some beastly Fanatical people that exceed the common degeneracy of those ill times into which the Nation by undiscernable degrees so fouly lapsed to make thereof an ugly Vizard and this they clap unduly upon our fifths of the Nation upon all that love and adhere to our Government and Religion to render them suspected of destroying again the English Monarchy and the Protestant Religion even for those very proceedings that they make for preserving both For the service of Popery requires that whatsoever opposes it must be branded with Treason and Fanaticism that such delicate persons as are fond of the name of Loyalty though they understand not in what it consists that hate the name of Fanatick since it is become as common a name of reproach as the Son of a whore though they understand not so well what it means may be sure so to behave themselves as to be reckoned for Loyal and not Fanatical by taking the measures of the one and the other according to the new notion of the Plot-Writers and so become theirs with all their idle prattle But let them make their best of this foolish sort of men if that was all they could effect by this project But they design further upon the Nation viz. to match the fears of Popery with a fear as great of the like Evils to those of Forty one as if these Plotters had power by their interest to raise a new War when we have power and authority in our Government if it were exerted to destroy them by Justice But these State-Mountebanks think it convenient because the Nation was cast into a Frenzy in Forty one therefore now when in perfect health we are to be cast into a Lethargy to prevent our relapse and in the mean time they intend we should perish insensibly and quietly that way they design to destroy us It is since the Discovery of the Popish Plot that Popish Mercinaries have been hired to write virulent Libels against the Church and bitter Invectives against Fanaticks Out of the same Mint came a villanous Libel called Omnia Comestia a Belo against the Church apt to render the Church-men suspicious of another detestable Sacriledge designed and that loathsome Print entitled the Committee or Popery in Masquerade Many parts whereof hath no other reason of belief but that they have been the Subject of some drunken Rhimes in former times but it is in the whole an insufferable Libel against the Nation by its application to this Age. These Mercinaries are the Authors as well of treasonable Libels against the King which they form so as they may seem to come from the Fanatick party to render the King jealous of them as they are of the Libels against the Parliament and their proceedings to breed misunderstandings between the King Parliament and People It is since the Popish Plot was discovered that Fanaticism is represented more intolerable than Popery That the Popish Plot evident to the satisfaction of the King and several Parliaments and of our greatest Judicatures is yet told us not to be so certain as that the Fanaticks are Traitors in their hearts though they own no principles as the Papists do that warrant Treasonable practices And these Mercenaries as frankly as if they had for the dividing of
when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure
and Laws design to make them though they do not always answer the good designments of the Government To what purpose then are these new Hypotheses fram'd and published Kings are exempted by their Office and the sacredness of their persons from all fears but the fears of Nature and these can never be discharged Those who do ill will fear ill eternally though their power were made little less than omnipotent for the frame of Humane Nature hath made it necessary to be so Besides God hath made one thing against another There is a divine Nemesis interwoven in the nature of things And God will always govern the World Omne sub regno duriore regnum The great Mogol at his Inauguration swears That his People shall be at peace at home and victorious abroad afflicted neither with Plague nor Famine but enjoy Health and Plenty all his days This seems extraordinary Pompous and Arrogant but it means no more than this that he will govern them so vertuously that Gods Providence shall be always propitious to his People and is no more in plain English than what our Church offers up in her publick Prayers for the King viz. That he may govern us in Wealth Peace and Godliness that he may live long and so govern us ought to be every honest mans Prayers But after all these vain Hypotheses contrived for making Kings Absolute it will be more easie for Kings to make their Reigns unquiet and turn their Kingdoms into Fields of blood But lastly to revive the ancient Zeal of the true Members of the Church of England against Popery To rectify the mistakes of some Gentlemen of the Clergy about the Dissenters And of our late Parliaments and their proceedings in reference to them Let it be considered how unreasonable their apprehensions are of any danger to the Church of England from the desires of the House of Commons of some indulgence or toleration in favour of the Dissenters at this time especially when the Protestant Religion is so shrewdly beset she hath reason now sure to take all such for her Friends that are heartily Enemies to Popery though not so skilful as they should be to ward off its assaults Since the Papists presume to call them Fanaticks though exactly conformable to the Church of England that will not assist to bring on the Popish Plot by dis-believing it and put us in fear of the Fanaticks by taking all the courses imaginable to provoke and exasperate them and to increase their discontents which they maliciously heighten and by falshood and forgeries misrepresent To graft thereupon a Pretence of a Protestant Plot for a pretext to extirpate Protestantism and introduce Popery which they impudently pretend to be of a more firm Allegiance to the Government than the Reformed Religion I pray let it be considered that that which is tolerated is put under disgrace even for that it is tolerated and that which tolerates even for that it tolerates hath the governing Authority and in so much as it indulgeth it obligeth to modesty and reason and if that indulgence should be abused it may and will be retracted It was never intended by the House of Commons that the Church of England should be altered or modelled to an agreeableness to any form or sect of the Separation or prescrib'd to by any of the Dissenters or that she should be made subject to any of their rules or opinions or her Liturgy laid aside for Directories or which is worse undervalued to the prophane way of extemporizing For as generally used and exercised it deserves no milder a stile That the Church should always govern by her own Wisdom in her own Province and in those things that appertain to her can never be deny'd her No man hath reason to say though he hath great cause to dislike the Separation and to have a bad opinion of the Dissenters that he had rather submit to Popery than to any form of the Separation for he need do neither except he pleaseth No man that thus expresseth himself but will be suspected to seek an occasion and pretence to become a Papist and to make a defection from the Church of England But if these Gentlemen have such a displeasure against Schism and Separation which certainly is the worst disease any Church can labour under and at this time threatens the destruction as well of the Protestant Religion it self as it doth to the Professors of all denominations let this sharpen their Zeal against Popery which by its unhallowed arts hath occasioned and exasperated our Schism and put them upon the use of all means to reconcile if possible the Schism that the Papists have already made and by all means endeavour to continue and take away if possible the occasion of it for the time to come And thus defeat the Arts of the Priests and Jesuits for supplanting our Church It is a most deplorable thing that our Church should be kept rent and divided in danger of being lost between Rituality and Scrupulosity Though the Scruples of the Nonconformists which I always thought and do still think groundless and unreasonable have often moved me into some passion against them yet upon consideration I think this their Scrupulosity may be of God and that some men are by him framed to it That he hath provided it as a bar and obstacle in the Natures and Complexions of some devout men against any Innovations whatsoever that dangerous ones may not steal upon the Church for the better maintaining the simplicity and purity of the Christian Religion and Worship But in saying this I have said nothing that is apt to give them a conceit of themselves but rather to humble them For the best men are not govern'd by their Temper and Constitution but correct them by their Reason and determine themselves by a clear and him Judgement What affrightment all this while either to Church or State from this weak and pityable Scrupulosity Where lyes the Treason or Sacriledge nay or so much as contumacy against our Ecclesiastical Governours which is so much upbraided to them The Christian Religion may be prejudiced by addition to as well as substraction from her rule The Church of Rome by her additions hath almost evacuated the Christian Faith Besides there may be a fineness in the outward mode of Religious Worship in it self very justifiable which may be not congenial to men of a course make The Worship of God will always favour of the manners of the people men of dull capacity can scarce admit of any Ceremonies without danger of falling into superstition or hardly escape being vext with endless and incurable scruples about them until for ease of their minds they throw them off But the wisdom of the best Law-makers hath considered in giving Laws what the people would bear and not what is best to be enjoyned and many things have been tolerated by them which they did not approve Ne majoribus malis detur occasio aut etiam
pretends onely to foreclose him doth truly depose him It is insufferable that this man should impute to the House of Commons and the best People of England Diabolical Fiction the worst of all Jesuitical Equivocations and of endeavouring to make a colour to their perfidious and perjurious dealings for these reasons onely because we will not believe or take our selves to have sworn Allegiance to the Duke of York when we swore it to the King Because we will not allow that a Parliament of England which is the King Lords and Commons have no more to do with our Government than the Pope of Rome or that the Pope hath as much power to depose one of the Kings as the Parliament hath to punish a most obnoxious Subject This he dares address to the King and publish to the World He proceeds to presume and tell us that this at least must be granted that whosoever is by Bloud next Heir to the Crown we are by our Oath obliged before God to bear him Faith and true Allegiance nay to defend him against all attempts until he is disinherited by Act of Parliament and therefore says he whatsoever we do against him before this Act be fully established is a violation of our Oath and therefore the very attempt of voting and passing this Bill makes the actors and abettors Perjurers before God and the World Sure it will be allowed that this Gentleman is mistaken sure he doth not intend to speak Treason but hath a way of speaking which he will use by himself and will make Words stand for what he hath a mind to which Will and Pleasure of his this peremptory absolute man thinks himself not bound to explain though to save his Neck if he should be Indicted therefore of Treason which I desire he may and Arraigned too for the better clearing the matter if it be possible how we are now bound to bear Faith and true Allegiance to the Duke But he will sooner be Hanged than make out how a thing may be done Lawfully which is not Lawful to go about That the Duke of York may be Lawfully Dis-inherited but the Voting and Passing of the Bill must be Perjury May not he that is bound by an Oath to pay money desire a release from the Debt without Perjury Cannot all Civil Debts Duties and Contracts though confirmed by Oath be discharged by the Interested Person to whom the Duty is to be performed and for whose Benefit the Contract is made May not Kings by renouncing their Governments make the Oath of Allegiance cease to all effects of Obligation And cannot an Act of Parliament that shall disable a Successour equally prevent it from passing any Obligation upon us But shortly to explain of what Import and for what reason the words Heirs and Successors are put into the Oath of Allegiance and it is this That in case of the Demise of the King and the Devolving and vesting of the Crown upon the Heir and Successor the Oath that we took to the Predecessor by virtue of those Words laies hold upon our Consciences and obligeth us to him from the first minute of his Reign but not before and so we are not one minute free from the Bonds of our Allegiance This being the scope of the Law that requires it and of the Oath it self it must likewise be by that interpreted for finis discendi est ratio dictorum and an Oath doth not oblige as this or that man would interpret neither according to the vulgar or technical use of the Word but in such a sense as is adaequate and agreeable to the Intent and End of the proposing and requiring it But by what is said before it appears that we are not yet under the Obligation of that Oath to the Duke and that it is in the Pleasure and Power of the Parliament whether we ever shall be our Comfort is whatever he thinks that there is a great difference between Hopes and Enjoyment And further it appears that the Heir Apparent is but equivocally and in a less proper sense so and yet this Considerer who if he be not a perfect Atheist and serves a turn in this Paper must be a Papist in his heart according to the Modesty of the Gentleman chargeth us with Jesuitical Equivocations in the Oath of Allegiance while in the mean time he is equivocating the King out of his Throne shifting the Duke into his place by an aequivocal Abuse of the word the coursest slight that ever was used by any Hocus Pocus or any Pretender to Legerdemain And yet upon the Confidence of these weak and mistaken Reasonings he presumes to arraign the House of Commons of the greatest Injustice and Iniquity and would have us apprehend Slavery the Arbitrary and Despotical Power of Parliaments The loss of all Security either of Property or Liberty by a prevailing Faction of Parliament which he will be able to effect at the same time when he can perswade us to dissolve the Polity and exchange the best and safest Government into an Anarchy To be without Judges for fear of unrighteous Sentences and without a Power of Legislation for fear of Laws of Iniquity But it is not a new thing for obnoxious Criminals and Out-laws to turn Rebels against Government What this man is and what the Cause is he Espouses is declared sufficiently in that he hath no better ways of Advocation and Defence than by Opposing and Reviling the Government it self and he that dares revile the Government would if he had Power Destroy it In that he calls the major part of the House of Commons a Prevailing Faction I challenge him Guilty of the Highest Treason of a Treason not onely against this Government but of a transcendent Treason of a Treason virtually against all mankind for that we cannot subsist without Polities and no Polities can subsist but by deference to the results of the Governing Power which is Interpretatively in the resolves of the major part But he proceeds to question whether by the Constitutions of this Government the Parliament can extend their power to shut out the Duke from succeeding to the Crown for admitting he means That it is Just which we will not accept of as a voluntary concession of this Considerer for that it doth appear not onely Just but highly necessary to exclude the Duke by Bill he will then draw it into question Whether there be any competent power in the Government for doing a thing not onely just but absolutely necessary for the preservation of the King and Kingdom Whether there be any Subject too great for Justice or any private Right that is not governable and may not be ordered as to the Legislature shall seem necessary to the preservation of the whole Whether that which is properly the Right of the Community for so is the Succession may receive no alteration in a single instance for the Weightiest Reasons and whether he that declares that he will not Govern but Destroy
so long in animadverting upon this last passage but that I think our Considerer hath taken into his assistance in these Considerations some Divine by his abounding so much in Scriptural Allegations And that hereby you may see the Size of the rest of the men of that Order that are Chaplains to the Cause of the Succession and that they ought to be of little regard in this matter as they deserve none it being not in their way though in matters that belong properly to their Function they may deserve much who are of the meanest of that Order Our Gentleman next proceeds to his political Arguments but those can be answered I perswade my self by every man who hath heard of the Plot. Though a man of his Size may frame puzzling Arguments that may perplex mens Minds with scruples and doubts which a Fool may do and a Wise man cannot remove yet it is scarce possible for him to deprive men of their Senses and make them insensible to all the Evils that they hear see and feel and justly fear If the Protestants are not as he saith very strong abroad we have reason to be more united at home and united by the awful Authority of a Law If we are threatned with a great power of the Roman Religion from abroad which he affrights us with we have no reason to retain the biggest power to hurt us within our own Bowels But if it be in the power of such bad men as this Pretender to divide by slights and wiles the good People of England and keep them from uniting in the onely means of their safety we must perish But Wo be to them by whom we are thus destroyed His last effort upon the minds of the People is to intimidate them that by their fears they may fall under the evils they design upon us he scatters his menaces as if he were in the place of God against us and as if he had the executing of the Plot in his Power and tells us of sins that fit us for ruine It is convenient to these Plotters to imagine us mighty wicked that they may believe we deserve the Vengeance they design Our Government it self our Laws our Religion must become wicked when they arrive to a probable power to hurt us They never contrive a Gunpowder Plot a Massacre or burning a City but they dream the iniquity of the People is grown ripe They would turn us into Sodom and Gomorrha which this Considerer frights us with if they could call for Fire from Heaven and then publish us to all the world if we were much better than we are to be as wicked as the Cities of the Plain If we cannot obtain this Bill I shall then begin to think that the Decree is gone forth and our Fate is approaching and that God will let these Villains have their will over us By Gods displeasure not theirs I shall take the true measures of our Sins His displeasure will be remarkable and evident if he seems to deny us the means of our Safety and Preservation and which is the onely means of the Kings Salvation from their Traiterous design If this Bill do not pass they will take him for a wicked King too and they will say he hath no lawful Issue to succeed him for his own sins though our Considerer saith at present that our Sins are the cause of it and many other remarks of wickedness they will make upon him when they find it convenient and for their interest to destroy him at best he will be then but Tenant at Will to them of his Life as well as his Crown which this Considerer most slanderously chargeth to be designed by us but if he will follow the counsel of that excellent Bill he may live long and see good days and peace upon our Israel to which let all good people say AMEN I shall onely remark two or three things in the close of the Paper of Weighty Considerations First that he undertakes to say and affirm that the King is as much subject to the Power of the Parliament as the Duke which doth dethrone the King himself and lessens him to the degree of a Subject Secondly that in this his Address he perswades the King to rend the Government to lay aside the Commons of England and abandon them as Rebels to divide from them and govern by a House of Lords and Privy Council And thirdly that the most venerable and Loyal Parliament that ever was conven'd in this Nation though not so clearly purged from the corrupt Villains of the late long Parliament as the next we hope will be are charged by him to follow the Anarchical Encroachments of the Factions in the Rump-Parliament by which he insinuates that we must become Papists admit of a Popish Successor or be used as Rebels and Traitors by these three Remarks it is evident what Principles and Designs these men are of that oppose the Dukes Bill and from thence you may find reason to assist it and promote it with the greatest unanimity and resolution and the rather for that the Duke himself cannot want Considerations to dispose him to approve of it For what should he do with a Crown that he cannot wear Why should he accept of a trust that he cannot discharge and a Government that his Principles oblige him to transfer to a Forein Prince he is too generous a Prince to enter upon a Province onely to betray it He is a Prince of great Charity it was that surely mov'd him publickly to confess the Roman Religion that he might thereby recommend that Religion to our belief for the better reforming us from Heresie Why then should not the same Charity move him to renounce the Government lest he should offer an irresistable temptation to the People to a Rebellion a greater sin accounted by a King though a Catholick however the Priests rate it than an errour in belief But how can we imagine that he will condescend to be our King He doth not intend to accept of our Oaths of Allegiance and had rather not be King than we should be his Subjects upon those terms Why should we trouble him with the name of King reproach him call him Apostate Heretick and Infidel by swearing our selves his Subjects in the terms of the Oaths of Allegiance and Supremacy Pray think no more of it write no more Great and Weighty Considerations for he intends to be no more your King than he doth to desert his Religion and the Roman Catholick Faith Besides his Zeal and Services and the Difficulties that he hath undergone for that Church and the hazards he hath incur'd deserve the best Place and highest Office in that Church which is that of a Priest he ought not to be put off and meanly rewarded with the Sheriffalties which their Eminencies of the Conclave despise and be prefer'd to all the Drudgeries and Cruelties that the Priesthood of that Church require of the Kings of that Communion that
and Heir to the Duke of York Edward the Fifth succeeded by vertue of the same Act of Entail Richard the Third having got the Crown he was confirmed King by Act of Parliament which likewise Entail'd the Crown which was done upon two reasons pretended First for that by reason of a precontract of Edward the Fourth Edward the Fifth his eldest Son and all his other Children were declared Bastards Secondly for that the Son of the Duke of Clarence second Brother to Edward the Fourth had no right because the Duke was attainted of Treason by a Parliament of Edward the Fourth The Act of Parliament for Bastardizing the Children of Edward the Fourth was in force until repealed in the time of Henry the Seventh after his Marriage with Elizabeth the Daughter of Edward the Fourth Henry the Seventh comes in by no legal Title First because Edw. 4th his Daughter was then living Secondly his own Mother was then living In his first Parliament the Crown was Entail'd upon him and the Heirs of his body And observable it is that after the death of Elizabeth his Queen Daughter and Heir to Ed. 4th there is no notice taken of any right which was pretended to by Hen. 8. during his Fathir's life as being Son and Heir of his Mother who had the legal Right to the Crown by an ordinary right of Succession Henry the Eighth Succeeded who did as all his Laws speak derive his Title to the Crown by the Fathers side and not by the Mothers In his Reign the Crown was Entail'd thrice by Act of Parliament Confirm'd by the general Oaths both of the Spiritualty and the Lasty and it was made High Treason to refuse such Oaths and several Attainders were in his time by particular Acts of parliament of several persons who opposed such limitations of the Crown and the authority of the Laws that made them But the great Law of the three was made in the 35th year of his Reign Cap. 1. whereby power was given him to give and dispose by his Letters Patents or by Will the Imperial Crown of the Realm to remain and come after his death for want of lawful Heirs of Prince Edward the Lady Mary and the Lady Elizabeth to such person or persons in remainder or reversion as should please his Highness In which Act there was a Clause that made it high Treason to speak or write against that Act or to go about to annul or repeal it Besides there is another Proviso in that Act That if the Lady Mary should not keep such conditions which the King should declare by his Letters Patents or last Will the Imperial Crown should come to the Lady Elizabeth And if the Lady Elizabeth should not observe the same then the Crown was to go to such person as the King by his Letters Patents or last Will should limit and appoint By virtue of which limitation in the Act of Parliament afore-mentioned Edward the Sixth succeeded to the Crown and after him Queen Mary in whose Reign in an Act of Parliament for Conformation of the Articles of Marriage between her and Philip of Spain the Crown was again Entail'd but she dying without Issue the Lady Elizabeth became Queen who had been declared a Bastard as well as her Sister Mary in the life of their Father and therefore succeeded to the Crown by force of the Entail made in the 35 H. 8. Cap. 1. Pursuant to these Presidents in fact in the 13. year of the Reign of Q. Eliz. an Act of Parliament was made declaratory of the power of Parliament in the limitation of the Succession which made it highly penal to deny the Authority of an Act of Parliament for the limitation of the Crown Several persons in her time were proceeded against upon that Act and had the Judgement of Traytor and as Traitors executed for being contrary to that Law This Queen dying King James succeeded who was as the Statute of Recognition made in Parliament the first year of his Reign declares lineally rightfully descended of the most excellent Lady Margaret eldest Daughter of the most renowned Henry the 7th and the high and Noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the 4th the said Lady Margaret being eldest Sister of King Henry the 8th Father of the High and mighty Princes of famous memory Elizabeth late Queen of England It is further observable that upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of Emgland and Spain were entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament and the Pope's Bull. And by that Act of Parliament for confirming the Articles of Marriage Philip was created King and did exercise Soveraign Authority and particularly in making Laws together with the Queen the Stile of the Soveraign Assent to Bills in Parliament in their time being Le Roy la Roigne les veulent And likewise for that it was agreed by the States of both Kingdomes and the Low Countries it is therefore probable that it was the Universal opinion of the great men of that Age That Kings and Soveraign Princes by and with the consent of their States had a power to alter and bind the Succession of the Crown FINIS