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A45197 Mr. Hunt's postscript for rectifying some mistakes in some of the inferiour clergy, mischievous to our government and religion with two discourses about the succession, and Bill of exclusion, in answer to two books affirming the unalterable right of succession, and the unlawfulness of the Bill of exclusion. Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3758; ESTC R8903 117,850 282

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been ashamed of some of their works of darkness and do not bring into present use some of their most gross Impostures and some worse than Pagan Superstitions Yet when this light is extinguish'd it will be a most dismal and eternal Night upon the Christian world If we return to her our Ears will be bored and we shall be irredeemably enslaved The spirit of Popery if it returns and possesseth us again that hath been walking in the reformed Countries as in dry places seeking rest and finding none and finds us thus swept and garnisht will bring with it seven Devils more wicked than it self and our last estate will be worse than the first The Pride Cruelty and Avarice Domination and Luxury of their Priesthood will be aggravated upon us and the minds of the Laity more lowly depressed by Superstition and Ignorance The Gospel of Cardinal Palavicini will be the Canon of the Christian Religion or it may be something worse for who can tell what will be the Religion that that Church will offer in process of time to the world under the Christian-Name When the Pope by his pretended infallibility may make the Christian Religion what he please by interpreting adding altering or detracting with an uncontroulable Authority For us therefore to become Papists to return to the Church of Rome acknowledge the Popes Infallibility there is no other way to become Papists is virtually to betray the Christian Faith to renounce our Allegiance to our Lord Christ to prefer the Bulls of a profane Pope to the holy Oracles of God and the Revelation of Jesus God blessed for ever With this Religion therefore we can never make an accommodation we may as well make a Covenant with Hell This as Dr. Jackson one of the glories of the Church of England in his Book called The Eternal Truth of Scriptures vehemently admonisheth us admits no terms of parley for any possible reconcilement whose following words to this purpose I shall here transcribe The natural separation of this Island from those Countries wherein this Doctrine is professed shall serve as an everlasting Emblem of the Inhabitants divided Hearts at least in this point of Religion And let them O Lord be cut off speedily from amongst us and their Posterity transported hence never to enjoy again the least good thing this Land affords Let no print of their Memory be extant so much as in a Tree or Stone within our Coast Or let their Names by such as remain here after them be never mentioned or always to their endless shame Who living here amongst us will not imprint these or the like wishes in their Hearts and daily mention them in their Prayers Littora Littoribus contraria fluctibus undas Imprecor arma armis pugnent ipsique Nepotes Which he thus renders Let our forein Coasts joyn Battel in the Main E're this foul Blasphemy Great Britain ever stain Where never let it come but floating in a Flood Of our our Nephews and their Childrens blood I shall only subjoyn my hearty Desires and Prayers that we may all fear God and be zealous for his true Religion Honour the King and firmly adhere to the Government and in our several places steadily oppose and resist those Villains that are given to change That by our Vnion we may defeat the crafty designs of our cruel and implacable Enemies who if they can continue those Divisions they have made amongst us by their wicked Arts will certainly at length destroy us who are bent upon our destruction though they themselves perish with us we cease to be a Nation and our Language be forgotten in a foreign Captivity Sir Now I have given you my Answer to your Reasons to disswade me from publishing the Argument for the Bishops by representing how few of the Clergy can with reason be thought guilty of Opinions so mischievous to the Church and State which you charge to have generally corrupted them and how easily and with little consideration they will be laid aside by them I will make no other Apologie for the publishing this than that I have communicated these thoughts to no Man alive either of the Church of England or any other denomination or consulted any mans advice about it That I can serve to design of no party of men herein nor any particular design of my own I wish they can be serviceable in the least degree to publick good I have had them by me a great while and have considered them under the several varieties of temper that our bodies are disposed to which induce different thoughts and various apprehensions in most things under the several passions that the fluctuation of publick affairs have occasioned under the Ebbs and Flows of Hopes and Fears in reference to the state of the Kingdom for some length of time And finding them to have the same appearance and to give me the same satisfaction in all their several postures and the views that I could take of them I assure my self I was sincere when I thought and that they result meerly from my Judgment such as it is uncorrupted That I am not perverted or biassed by any secret passion or desire of any sort which many times lurk and steal upon us deceive us unawares and undiscernedly abuse us Sir the sum of my Apologie is this that I know my self sincere of honest Intentions moved by nothing but a hearty love and affection to our King Religion and Country And for what any man shall think of me I am not Solicitous Yours T. H. The Great and Weighty CONSIDERATIONS Relating to the Duke of York OR Successor of the Crown Offered to the KING and both Houses of Parliament CONSIDERED WITH An ANSWER to a LETTER from a Gentleman of Quality in the Country to his Friend relating to the Point of Succession to the Crown Whereunto is added A short HISTORICAL COLLECTION touching the same LONDON Printed for the Author and are to be Sold by the Booksellers of London and Westminster 1682. TO THE READER I Have in the Postscript offered Reasons of the Lawfulness of an Act of Exclusion which to all true Protestants must needs be desirable if it can be lawfully obtained Yet for the farther satisfaction of unthinking people and Men of weak Minds who are never certain especially in great Matters where Men of Note are divided in their Opinions but for that very Reason where they have no direct Reason to guide them in forming their Judgment remain scrupulous if not doubtful and for that they doubt they must therefore conclude the Matter as to themselves at least unlawful I have Reprinted these Discourses that were Printed near three years since in Answer to two Books written by two Eminent Persons the first supposed to be writ by a great Secretary the other by a notable Lawyer thereto employed under promises and expectations of great Preferments This mans Book especially is highly applauded by the Ducal Party his very words made the stile of the
us and recover us into a firm Peace and Union by just and necessary provisions for their support Whilst the Government is preserved the Church is safe and secure for no man can fear that the King and the States of the Realm will ever give place to wild Fanaticism and suffer so excellent an Ecclesiastical constitution as we enjoy to be subverted for any Extravagancies that shall deserve the name of Fanaticism But the pretences of our Neuters for their Neutrality are not more groundless than their reasonings are absurd by which they oppose the only remedies to the Evils that now beset us and the greater we fear That absurd Opinion Dominium fundatur in gratiâ is charg'd upon those that are for the Exclusion of the Duke and they think by pronouncing this piece of absurd Latine they have at once put to silence and shame all the reasons of Nature Religion and State that urge it and require it That there is nothing can be more absurd than that Dogma will appear for that almost whole Dutch Systems of false and paltry Theology go to the making of it in the most tolerable sense it can have and for that it hath been improv'd into a most villainous sense to give countenance to the vilest Outrages of the German Anabaptists But Dominium signify'd Property not Government and Rule until our admirably accomplished young Divines of this last Age out of their great skill in the Latine Tongue would have it so for the service of the great Defender of the Protestant Religion and of the Church of England All Rights as well Natural as Civil are forfeitable by Crimes in such measure and degree as Laws appoint and as good Government requires Notwithstanding Grace be not admitted a good Title to any thing that the Saint will desire though of the Roman stamp I confess Natural Rights but they are very few are not controlable by Laws but are by Laws to be defended and the free use of them to be justifyed and allowed most certainly not to be condemned by any Civil Authority A right in Nature every man hath to live until he hath forfeited his Life Whatever he doth that is necessary for his preservation is and ought to be justifyed by all Laws though he kills though he breaks the Civil Inclosure of Property which cannot and was never intended to shut out the Natural Right that every man hath in the last extreamities Every man hath a right to his plank in a Wreck though the owner of the Ship perish by him for want of it All the Authority of all the Legislators in the world united cannot make unlawful any Act that is done in self-preservation Sub moderamine inculpatae tutelae where the man is innocent But Civil Rights are without iniquity alterable and controleable by Laws and by acts of Government ordainable to the publick good Nothing is so intirely perfectly and abstractly Civil as Government the perfect Creature of men in society made by pact and consent and not otherwise most certainly not otherwise and therefore most certainly ordainable by the whole Community for the safety and preservation of the whole to which it is in the reason and nature of it intirely design'd But we are told by some that will not contest the lawfulness of Exclusion That we trouble our selves with the fears of an imaginary danger That we are endeavouring a remedy against the Evil that may never happen That we impertinently trouble our selves about providing that which we may never want or need That the Duke may dye before the King And if the Duke should survive he neither can nor will change our Religion That it is not lawful for any man Occupare facinus quod timet and to destroy the person whom he fears I wish it were considered on the other side That if the Duke dye before the King there is no wrong done to the Duke by Excluding him It is onely his hopes and expectations that are cut off for the preventing our fears a possibility of hurt provided against by shutting out the possibility of effecting it and that not by any hurt to his Person but meerly by disabling it a Remedy proportioned and suited to the disease we desire to be eased of our fears by a just security against them But if the Duke should certainly survive the King and could and would change our Religion they who thus discourse seem to allow it lawful to exclude him But for that they say the Duke if King will not or cannot change our Religion let every man consider his present Will and Power and how far he hath proceeded towards it before he is entred into his Kingdom These silly dreamers dishonour him whilst they pretend to serve him His Princely Virtues make him the more dreadful to a Protestant Kingdom They who thus talk make him a bad man of that bad Religion weak in his conduct and feeble in his power But how can this be when they have instructed the Nation into absolute obedience and have measured the duty of obedience by the Kings pleasure and not by Laws That the pleasure of a King is irresistable some of them will not allow passive obedience to be at all obedience Besides all caution is proportioned to the greatness of the Evils feared No wise man ever left the sum of his Affairs to Chance Where the Evils are not to be remedied or resisted when they happen the caution is just that prevents them If there be no remedy against the Evil we fear but the Exclusion the Exclusion is not onely lawful but commendable And for this we have the Authority of the Illustrious Grotius under his general Doctrine and determination Lib. 2. Cap. 1. De Jure belli ac pacis It is Engraven in Capital Letters upon the Foundation-Stones of all the Governments in the world That any person unfit for Government shall be Excluded from Governing Though Fools cannot read it until the foundations be removed and the Government subverted That his Royal Highness hath rendred himself unfit for the Government hath been declared more than once by the unanimous consent of all the States of the Realm and how far the King hath been of the same opinion may be conjectured by those Expedients that have been offered in several Parliaments by Privy-Councellors and Ministers of State and the Dukes greatest Friends Onely such were those of the late Parliaments that opposed the Bill of Exclusion but even these were for sequestring the Royal and Soveraign Powers and Authorities during the Life of a Popish Successor and to leave him content with the Name of a King onely An Indignity this both to the Name and Office a thing repugnant to the Fundamental Constitutions This tends to destroy the Monarchy it self It points directly to the Evils of the late times and would make the Parliament Sequestrators of the Crown But such absurdities those that appeared most his Friends would run us upon rather than a Popish
Consequence whereof is that he very impertinent or else the Duke of York is now Prince of Wales and Duke of Cornwal and that he is within the Statute of 25 Ed. 3. This Argument of his he leaves to be further illustrated and pursued by the Church-men and Civilians But lest they should fail this Epistoler for I now am well assured that this question and cause is to be managed by the Sword by Massacres and the French Plot and not by Writing I have adventured and will proceed to illustrate his Arguments and pursue them into their Consequences leave the Epistoler of Quality to be pursued with laughter for he deserves no worse if it be true that he professeth that he is a Protestant and Lover of the Government Now he will he saith as best sorting with his profession and with a discourse of the nature drive proofs from the Authority of the Common and Statute-Law of England From whence it follows That the Common-Law and Statute-Laws of England are proper to be consulted with for declaring the Laws of God and the Laws of Nature which they never yet pretended to do And Secondly it follows from thence that this Epistoler no more understands the Common and Statute-Laws of England and what places they are to have in the Conduct of our manners and guidance of our Consciences than he doth as appears by what he hath said before what is the Law of God or Nature He lays it down as most evident That all the humane Acts and Powers in the World cannot hinder the Discent of the Crown upon the next Heir of the Blood because though they may hinder the Possession and Enjoyment of it This is a Dowry which the great King of Kings hath reserved to his own immidiate Donation and hath placed above the reach of a mortal Arm and mankind can no more hinder or intercept it than it can the Influences of the Stars or the Heavens upon the Sublunary world or beat down the Moon The Consequence of this is that the man is Lunatick and of insane memory and hath forgot and denies what in the same breath he affirms Eor he agrees humane Power may hinder the possession and enjoyment and yet it is no more possible to hinder the Descent than to stop the Influences of Heaven and to pull down the Moon Secondly It follows that that which is done is impossibe to be done Thirdly that there is no Right at all by Descent nor can be any Descent of the Crown for that it is reserved as he says to Gods immediate Donation And we never yet heard of any immediate Gift or Donation thereof from God And if the Duke will stay until that be done we most solemnly declare we will accept him for our King and he shall be a King to intents and purposes as he terms it we will be kinder and juster to him than his Freinds of the same perswasion with the Epistoler who will give him the Name and Style and would Abridge him as they pretend of the Power and Authority of a King He says further That when the Duke is King that the Legiance and Fidelity of the Subject is due to him by the immutable Law of Nature from whence it clearly follows that he must stay until that time come That when he is a Loyal and Foyal King we are to be Loyal and Foyal Liege-men and Subjects For Calvin's Case which he cites by the general Opinions of all considerable Lawyers is Apocryphal where it makes Allegiance absolute and more extensive than the Legal Power of Kings But here he subjoyns such loathsom Pedantry that I cannot but remark it He subjoyns to his mention of Calvin's Case that Aristotle Nature's Amanuensis as he calls him agrees with that Case in that he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Seneca's Natura commenta est Regem But for my promise sake I will make no further Observations upon him than by bare repeating of it to expose it That the King and his Successors are Kings by Nature he proves For that the Statute Laws do frequently stile the King our Natural Liege-Lord And for further proof tells us that in Indictments it is set forth that the Treason is commited contra debitum Fidei Ligeantiae quod naturaliter de jure impendere debet And the King in Indictments is sometimes styled Natural Lord. Whence it follows that we are born under Allegiance that no man that is born under any form of Government can deny Faith unto it though he never expresly swore Allegiance That the King of France is not our Natural Lord neither doth the Oath of Allegiance bind us to that Form of Government if introduced because the King was born to no such Kingship Nor is our King a Natural Lord to any Forreigners that come hither and the Form of the Indictment against Forreigners as the Lawyers know must be in another Form And further it followes That in all changes of Government the word natural is to be adjoyned to Allegiance in all Indictments of Treason committed against the Government in its several changes that it may suffer And this all the Lawyers with one voice pronounce He sums up all that he hath said before thus No humane Power can hinder the Descent of the Crown upon the Right Heir the Descent makes the King Allegiance is due to the King by the Law of Nature The Law of Nature cannot be abrogated by humane Power That Common-Law is more worthy than Statute-Law and the Law of Nature more worthy than both But upon better consideration of the whole matter it follows with better Consequence That Nature hath made no Laws about Property nor about Governments otherwise all Laws of Right and Property and all Governments would have been the same for what she makes are Universal as the Nature of man Besides that if he knew where she became a Legislatrix or if this Gentleman could direct us to a veiw of her Pandects we ought to acoord all our Laws to them Secondly That Common-Law is not to be preferred before Statute-Law For the Judges who declare the Common-Law are not wiser than Parliaments and the Common-Law appears so bad a Rule that it requires oftentimes amendment Thirdly It follows that no Legislation is Lawful for that which is to be preferred is best and that which is best is to be a Law for ever Fourthly That no Allegiance is due to any Prince but whom the Law appoints and as the Law appoints That he that is not King to him no Allegiance is due That humane Power is competent enough to alter as well as make any humane Constitution That which by humane Authority was made and made also descendible for all Crowns are not descendible can be altered by the same Authority in its Discent The greater part of this ensuing Discourse is the remembrance of the Tragedies that have been acted upon the English Nation by our Kings For we have not only suffered