notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. The hard Case of Protestant Subjects under the Dominion of a Popish Prince A Prince putting himself and his Dominions under the Authority of the Pope and admitting as he must unavoidably the Laws and Decrees of the Romish Church all his Protestant Subjects being by the Judgment and Sentence of that Church Hereticks do forthwith lie under the Penalty which those Laws and Constitutions will have inflicted upon Hereticks Heresie being the highest degree of High-Treason called therefore by them Laesae Crimen Majestatis Divinae So the English Protestant must be a Traytor and the worst of Traytors and exposed to the Penalties of High-Treason The Laws and Decrees of the Romish Church against Hereticks Heresie is denounced Infamous and the Heretick must be dealt with as such which is many Penalties in one First Whereby they are deprived of all Nobility Jurisdiction and Dignity and debarred from all Offices and publick Councils Parliaments and others being made uncapable of choosing and being chosen So that it reacheth all sorts of Clergy Laity Noble and Ignoble which is extended to their Children also For they say The Issue of Traytors Civil and Spiritual lose their Nobility And all that owe any Duty to such Infamous Persons are discharged and exempted therefrom as Subjects from their Prince Servants from theâ—r Masters Children from their Parents whom they also may lawfully kill Whereby we may see a little to what condition the Admission of the Papal Authority would reduce us expelling both Nature and Humanity and making the dearest Relatives unnatural and barbarous to one another it would leave no Protestant either Dignity or Authority either Safety or Liberty Nobles are sentenced to Peasants and Peasants to Slaves Secondly Another Penalty to which Hereticks are condemned by their Law is Confiscation of Goods and Estate and this they incur ipso jure ipso facto that is immediately as soon as they shew themselves Hereticks before any legal Sentence have passed For which there is an express Decree in the Canon-Law Bona Haereticorum ipso jure discernemus confiscata We decree the Goods of Hereticks to be confiscate by Sentence of Law. The Effects of this Confiscation wherein they all agree makes the Severity of the Law apparent viz. First All the Profits made of the Estate from the first day of their Guilt is to be refunded Secondly All Alienations by Gift Sale or otherwise before Sentence are null and void and all Contracts for that purpose rescinded Thirdly Children Heirs of Hereticks are deprived of their Portions yea tho they be Papists Whereby it appears that as soon as the Papacy is admitted all Title and Property is lost and extinct among us And therefore we must not think that Pope acted extravagantly who declared That all his Majesty's Territories were his own as forfeited to the Holy See for the Heresie of Prince and People Not only Abby-Lands are in danger who ever possess them but all Estates are forfeited to his Exchequer and legally confiscated All is his own which Protestants in these three Nations have or ever had if he can but meet with a Prince so wise as to help him to catch it whose process follows them beyond their Grave and ruins their Children and Children's Children after them And when they have strip'd the Heretick of his All they provide that no other shall relieve him viz. That none shall receive him into their Houses nor afford him any Help nor shew him any Favour nor give him any Counsel We are here in England zealous for Property and all the reason in the World we should so be But we must bid adieu to this when we once come under the Pope's Authority for as soon as this is admitted all the Protestants in these Nations are Beggars by Lrw viz. by the Laws of that Church which will then be Ours divesting us of all Property and Title to whatever we account our own Thirdly Another Penalty which their Law inflicts on Hereticks is Death which is the Sentence of the Canon-Law and which is so absolute that no Secular Judg can remit and which is the Judgment of all the Doctors Ita docent omnes Doctores And from which Penalty neither Emperors nor Kings themselves are to be freed or exempt And the Death they inflict is burning alive No Death more tolerable or of less exquisite Torture will satisfy the Mercy of that Church The Canon saith thus Decernimus ut vivi in conspectu hominum comburantur We decree that they shall be burnt alive in the sight of the World. So our last Popish Successor Queen Mary practised upon near three hundred Persons without regard either to Age Sex or Quality the Scripture they urge for it is Iohn 15.6 If any one abide not in me Men gather them and cast them into the Fire and they are burnt So that as soon as the Papal Authority is admitted among us all the Protestants in these Nations are dead Men in Law being under a Law that hath sentenced us to be burnt alive and under a Power that hath declared it necessary that no one of us escape with Life Fourthly Where legal Penalties cannot take place by reason of opposite Strength they hold War necessary and lawful to chastise Hereticks For which we might give you divers Authorities but let Cardinal Allen our Country-man suffice who asserts it is not only lawful but necessary His words are these It is clear saith he what People or Persons soever be declared to be opposite to GOD's Church with what Obligation soever either of Kindred Friendship Loyalty or Subjection I be bound unto them I may or rather must take up Arms against them and then must we take them for Hereticks when our lawful Popes adjudg them so to be And which saith Cardinal Pool is a War more holy than that against the Turks Fifthly To destroy them by Massacres is sometimes held more adviseable than to run the hazard of War and which they say is both lawful and meritorious for the rooting out a Pestilent Heresy and the promoting the Roman Interest This set a-foot the Irish Massacre that inhuman bloody Butchery and so much from the Savageness and Cruelty of their Nature as the Doctrines and Principles which directed and encouraged it as also that of Paris than which nothing was more grateful and acceptable to their Popes as their Bulls make manifest and the picturing it in the Pope's Chamber and for which as a most glorious Action Triumphs were made and publick Thanksgivings were returned to God. So in Savoy and elsewhere both in former and latter Times And this was that which the late Conspirators aimed at so fully intending a Massacre Those that escaped a Massacre saith Dugdale must be cut off by the Army And Coleman tells the Internuncio in his Letters That their Design prospered
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
of the Law of Nature did not press us at this time to come to some speedy and pertinent Determinations as to the business especially of settling the Government that Nicety which seems to be promoted and set afoot in all our Counsels might considering the Weightiness of the business in hand rather claim the just Commendation and Applauses of every good Man than as it seems now fall under their Censure and I may say Indignation If the matter debated were extraneous and the Kingdom within it self peaceably and firmly settled if the Circumstances of our Affairs were ordinary and usual and could admit of an unlimited time for their Decision if we were secure from injurious Resolutions of our Enemies abroad or from the private Machinations of disaffected Persons at home If these â—hings were so it were worthy the Wisdom of those who by their unseasonable Scruples so generally resolv'd against and now again by them started may seem either ignorant of the desperate languishing condition of these Kingdoms at present or prejudic'd and dis-affected to the Eâ—ace and Settlement of them for the future I say it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair before they made any Determination of the General As we all acknowledg the extraordinary Circumstances of this Juncture so they themselves have not been a little contributing to this happy Revolution The Prince's first Declaration tells us he had the Invitation of the Lords Spiritual and Temporal Was it Justice and agreeable to Conscience then to call for Foreign Arms to assist us against our own King in the recovery of those Rights Liberties and Properties which contrary to Law he had invaded and taken from us And is it now become a Scruple in those same Consciences to be confirm'd in those Rights c. by the same Arms and Power Is that pretended absolute unlimited Power which in their Prayers and Sermons they have so often nibbled at and endavoured to retrench now in its just Debasement become so Inviolable and Sacred that it must become a Point of Faith entirely to submit to it Has this small fit of Fear and Discouragement in our implacable Enemies so well secur'd us from any future Enchroachments that we need not be careful of any further Assurance Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd and the rest justly fear'd as to free them from all Apprehensions for the future What is it these Gentlemen would be at what do they fear Is it without Reason without Justice without Precedent that we desire to be everlastingly secur'd from Popery Slavery Not without Reason for when we have seen many of our fairest Branches lopp'd off many of our Liberties invaded many of our Laws perverted and the Axe at last laid to the Root of our Government 't is high time then I say to provide for our our Safety and to put a stop to that Current which would have quickly over-run and drowned us Not without Justice for where my Life and Property is hunted after and assaulted I may by the Law of God and Man â—epel the Injury and stand in my own Vindication Not without Precedent even in Protestant Kingdoms not to mention the Romanists who both teach and practise the Deposing of evil and wicked Magistrates and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent it may easily be prov'd that which hath been done of late in this Nation hath been in great part formerly presented and allowed of upon Foreign Stages yea and not many Years out of the Memory of some yet living if we would but look into the Actions of other Regions and those too wherein the Reform'd Religion is professed we shall find that they by their publick Records acknowledged that in case of Tyranny and Oppression it was lawful not only to defend their Lives and Liberties against all Assaults but reduce and declare the Persons so offending incapable of holding the Government A lively Example of this and almost exactly parallel with ours was the Case of Sigismond the Third Hereditary King of Sweden who by a Convention of the States of that Kingdom was Excluded even with his Heirs a Severity which both the Honourable Houses of Parliament here have with great Justice and Wisdom declined from that Crown for ever Some of the Articles drawn up against him were these First For swerving from their received Christian Religion as also from his Oath and Promise and Solemn Engagement made to his People at his Coronation to preserve their Rights and Priviledges as also their Holy Reform'd Religion Inviolated For departing the Country without the Consent and unwilling to the States and Orders of the Realm For exporting several Acts of great Concernment out of the Cancellarie For prosecuting such as would not embrace or favour the Romish Superstition For contemning and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm and the Establishment of the Protestant Reformed Religion For raising up what Enemies he could against his Native Country thereby to involve his Subjects in a Deluge of Blood which he intended and had almost effected For inhumanely designing and suborning Russians and Villains to Murder and Assassinate one of the chief Nobles for no other Reason but that out of Conscience and Duty he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these and many more Causes as the sending his Son out of the Land without the Consent of the States and causing him to be brought up and educated in the Romish Superstition did the Swedes submitting the same to the Judgment of all sincere and candid Arbitratours justify their Abdication for ever of King Sigismond the Third and his Heirs from the Crown of Sweden c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia vid. Spanheim 's Hist. of Sweden c. And in conclusion they pray for and doubt not of a candid Construction a benign and favourable Acceptation from all Christian Emperors Kings Princes States c. of this their Legitimate Defence and to vindicate them and their most equal Cause from all Calumny or eâ—il Interpretation whatsoever The Circumstances relating to this present Juncture in England bear so near a resemblance almost in all these Grievances objected against the said Sigismond that our late King by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to have breath'd his Soul rather than to have copy'd after him though indeed in some Cases he has plainly out-done the Original especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden I cannot apprehend how it can lessen our Judgments or Integrity our Piety or our Loyalty to follow the Example of the Swedes excepting
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
without Consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. Iames the 2 d having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretending Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or Questioned in any Court or place out of Parliament That Excessive Bail ought not to be required nor Excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviver of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joint Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God. I A. B. do swear That I do from my Heart Abhor
the said Mather caused a Petition from the Town of Cambridge in New-England to be humbly presented to His Mâ—jesâ—y which because it doth express the Deplorable Condition of thaâ— People it shall be here inserted To the King 's Most Excellent Majesty The Petition and Address of John Gibson aged about 87 and George Willow aged about 86 Years as also on the behalf of their Neighbours the Inhabitants of Cambridge in New-England In most humble wise sheweth THat Your Majesty's good Subjects with much hard Labour and great Disbursements have subdued a Wilderness built our Houses and planted Orchards being incouraged by our indubitable Right to the Soil by the Royal Charter granted unto the First Planters together with our Purchase of the Natives as also by sundry Letters and Declarations sent to the late Governour and Company from His late Majesty Your Royal Brother assuring us of the full enjoyment of our Properties and Possessions as is more especially contained in the Declaration sent when the Quo Warranto was issued out against our Charter But we are necessitated to make this our Moan and Complaint to Your Excellent Majesty for that our Title is now questioned to our Lands by us quietly possessed for near sixty Years and without which we cannot subsist Our humble Address to our Governour Sir Edmond Andross shewing our just Title long and peaceable possession together with our Claim of the benefit of Your Majesty's Letters and Declarations assuring all Your good Subjects that they shall not be molested in their Properties and Possessions not availing Royal Sir We are a poor People and have no way to procure Money to defend our Cause in the Law nor know we of Friends at Court and therefore unto Your Royal Majesty as the publick Father of all your Subjects do we make this our humble Address for â—elief beseeching Your Majesty graciously to pass Your Royal Act for the Confirmation of Your Majesty's Subjects here in our Poâ—sessions to us derived from our late Governour and Company of this Your Majesty's Colony We now humbly cast our selves and distressed Condition of our Wives and Children at Your Majesty's Feet and conclude with the saying of Queen Esther If we Perish we Perish Thus that Petition Besides this Mr. Inc. Mather with two New-England Gentlemen presented a Petition and humble Proposals to the King wherein they prayed that the Right which they had in their Estates before the Government was changed might be confirmed And that no Laws might be made or Moneys raised without an Assembly with sundry other particulars which the King referred to a Committee for Foreign Plantations who ordered them into the Hands of the Attorney-General to make his Report The Clerk William Blathwait sent to the Attorney-General a Copy wherein the Essential Proposal of an Assembly was wholly left out And being spoke to about it he said the Earl of Sunderland blotted out that with his own Hand likewise a Soliciter in this Cause related that the said Earl of Sunderland affirmed to him that it was by his Advice that the King had given a Commission to Sir Edmond Andross to raise Moneys without an Assembly and that he knew the King would never consent to an Alteration nor would he propose it to His Majesty When of late all Charters were restored to England it was highly rational for New-England to expect the like for if it be an illegal and unjust thing to deprive good Subjects here of their Antient Rights and Liberties it cannot be consistent with Justice and Equity to deal so with those that are afar off Applications therefore were made to the King and to some Ministers of State. It was urged that if a Foreign Prince or State should during the present Troubles send a Frigate to New-England and promise to protect them as under their former Government it would be an unconquerable temptation yet no Restoration of Charters would be granted to New-England which has opened the Eyes of some thinking Men. Thus hath New-England been dealt with This hath been and still is the bleeding state of that Country They cannot but hope that England will send them speedy Relief especially considering that through the ill Conduct of their present Rulers the French Indians are as the last Vessels from thence inform beginning their cruel Butcheries amongst the English in those parts And many have fears that there is a design to deliver that Country into the Hands of the French King except his Highness the Prince of Orange whom a Divine Hand has raised up to deliver the Oâ—pressed shall happily and speedily prevent it FINIS A SEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals humbly offered in behalf of the Princess of Orange II. The Heads of an Expedient proposed by the Court-Party to the Parliament at Oxford in lieu of the Bill for Excluding the Duke of York III. An Account of the Irregular Actions of the Papists in the Raign of King Iames the Second with a Method proposed to rid the the Nation of them IV. The Present Convention a Parliament V. A Letter to a Member of the Convention VI. An Answer to the Author of the Letter to a Member of the Convention Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Proposals humbly offered in behalf of the Princess of Orange Jan. 28. IT is a Maxim of the Law of England concerning the Government That there is no Interregnum Of necessity there must be a Change in the Person yet there is a Continuation of the Government Which shews the Prudence and Perfection of the Constitution in preventing that which of all things is most Deplorable a Failure of Government This Rule is therefore of that Importance as not to be given up upon the trivial Saying of Nemo est haeres viventis 'T is true the common and ordinary cause of a Change in the Person that is invested with the Royal Authority is Death But we are now in a rare and extraordinary Case where the King is living and yet may be said to be divested of the Royal Office as having by his Encroachments upon the Peoples Rights provoked them to resort to Arms and being vanquished by that Force followed with a total Defection from him and his Relinquiâ—hing the Kingdom thereupon without providing any ways for the Administration of the Government This seems to be a Cesser of this Government and may in Civil and Politick Construction amount to as much as if he had died But because this is a Cess of that nature that requires a Judgment to be made upon it it seems necessary to have a Convention of the Estates of the Nation to make a Declaration thereupon for 't is not for private Persons to determine in the Cases aforesaid how or when the King has lost his Government and till such Authoritative Declaration made the King may be supposed in
some kind of possession of the Kingly Office. Bâ—t after the Judgment made and declared there seems to be no dâ—fference in the consequence and result of the thing between such an extraordinary case of the Cesser of the Royal Dignity and the case of Death or voluntary Resignation or as if the King had been prosest and made himself a Recluse in a Religious House Then it must devolve upon the next Heir her Royal Highness the Princess of Orange As to the pretended Prince of Wales if there had been no Suspicions as to his Birth as there are many violent ones yet his being conveyed into unknown Places by Persons in whom no credit can be reposed and at an Age which exposes him to all manner of Practices and Impostures touching his Person then can there hereafter be no manner of Certainty of him so as to induce the Nation ever to consider any Pretence of that kind These things being considered First Whether will not the declaring her Royal Highness Queen of England as next in Succession be the surest and beâ—t Foundation to begin our Settlement upon rather than upon a groundless Conceit of the Government being devolved to the People and so they to proceed to Elect a King Secondly If that Conceit of devolving to the People be admitted Whether must we not conclude that the Misgovernment of King Iames the Second hath not only determin'd his Roylaty but put a period to the Monarchy it self And then 't is not only a loss as to his Person but to the whole Royal Family Thirdly Whether those Persons that have started this Notion upon pretence of giving the Nation an opportunity of gratifying his Highness the Prince of Orange in proportion to his Merits which it must be acknowledged no Reward can exceed if they were searched to the bottom did not do it rather to undermine this Ancient and Hereditary Monarchy and to give an Advantage to their Republican Principles than out of any Affection and Gratitude to his Highness For if the latter was that they had tâ—e chief respect to would it not be the more proper way to declare her Royal Highness Queen which will immediately put the Nation under a regular Constitution and posture of Government Then it will be capable of expressing its Gratitude to the Prince of Orange in matters touching even the Royal Dignity it self without making such a Stroke upon the Government as the Electing of a King or making any other immediate Alteration in the right of the Monarchy before the Parliament is compleated and constituted in all its parts must amount unto The Heads of the EXPEDIENT proposed by the Court-party to the Parliament at Oxford in lieu of the Bill for excluding the Duke of York I. THAT the Duke of York be banish'd during his Life five hundred Miles from England Scotland and Ireland and the Dominions and Territories to them belonging II. That the whole Government both Ecclesiastical and Civil shall upon the demise of the King be vested in a Regent for such time as the Duke of York shall survive III. That the Regent be the Princess of Orange and in case of her Decease without Issue or with Issue in Minority then the Lady Ann. IV. That if the Duke have a Son educated a Protestant then the said Princesses respectively shall succeed in the Regency during the Minority of such Son and no longer Which obviates an incurable Absurdity in the former Bill of Exclusion V. That the Regent nominate the Privy-Council and they to be or not to be approved in Parliament as shall be judged safest upon directing the drawing up of this intended Act. VI. That notwithstanding these Kingdoms out of respect to the Royal Family and Monarchy it self may be governed by the said Regent in the Name â—nd Stile of Iames the Second c. yet it shall by this intended Act be made Capital for any to take up Arms on his behalf or by a Commission not signed by the said Regent or not granted by lawful Authority derived from and under such Regent or to maintain an Opinion that the retaining the said Name and Stile shall in this case purge the disabilities imposed by this Act or elude the force thereof VII That Commissioners be forthwith sent to the Prince and Princess of Orange to take their Oaths that they will take upon them the execution of this Act and that their Oaths be here recorded VIII That all Officers Civil and Military forthwith take Oaths to observe this Act and so all others from time to time as in the Act for the Test. IX That his Majesty would graciously declare to call a Parliament in Scotland in order to the passing the like Act there and recommend the same and the like to be done in Ireland if thought necessary X. That in case the said Duke shall come into any of these Kingdoms then he shall be ipso facto totally excluded and shall suffer as in the former Bill and the Sovereignty shall be forthwith intirely vested in the Regent upon such his coming into any of these Kingdoms XI That all considerable Papists be banish'd by Name XII That their fraudulent Conveyances be defeated XIII That their Children be educated in the Protestant Religion By these means these three Kingdoms will be united in defence of the Protestant Religion his Majesty's Person and Government and a sure Foundation laid of an effectual League with Holland and consequently with the rest of Christendom in opposition to the growing Greatness of France ☞ 'T was thought fit to reprint this Expedient that the Reader may compare it with the Bill of Exclusion which may be seen at large in the Debates of the House of Commons lately published and judg which was the greatest Evil of the two viz. that which would have set the Duke aside and given him liberty to live where he pleased or that which would have strip'd him of all Power and banish'd him 500 Miles off and left him only the Name of a King. An Excellent Expedient indeed An Account of the irregular Actions of the Papists in the Reign of King James the Second With a Method proposed how to rid the Nation of them By a Person of Quality THE dreadful Revolutions Plots and Conspiracies which have been promoted by the Roman Catholicks in England since the Resormation are of that nature and have caused such fearful Convulsions in our Church and State that it is a great Argument of the Goodness and Providence of God that we have been able to bear so many Shocks and to avoid so many deep Designs as have now twice within the memory of Man brought us to the brinks of Ruin. We must be very impious or very stupid if our last Deliverance has not been able to make us adore the boundless Goodness of God towards us his sinful and unthankful Servants he having defeated the Hopes and totally overthrown the Contrivances of that restless implacable persidious Faction when they seemed