justifie resistance of lawful Powers having in effect not onely drawn the Sword but cast away the Scabbard We are told of one that was ready to kick an Emperour and of others that play'd with his Beard but this is little less than kicking at the Crown and striking a blow at the root to render the whole Family as glorious as they made the Father of it Unless he can give some other sence of it than this Rather than not exclude the D. we will exclude the glorious Family of the Stuarts And in what sence he calls it a glorious Family needs his explication But will the Exclusion of the D. as certainly prevent our misery as his Succession effect it Did you never read how zealous some Priests and Pharisees were for a Bill of Exclusion against a far better person John 11.47 48. What do we for this man doth many Miracles if we let him thus alone all men will believe on him the Romans will come take away both our place nation And did not the passing that Bill make way for the Romans to bring all their fears on their own heads And was not our late dear King excluded from Crown Kingdom and life upon such fears and was that a means of our Peace and Happiness I wish I could say our fears now are as false as they were then We have his R. H. Declaration for our Security viz. That the Members of the Church of England are the best supporters of the Crown Insomuch that if it fall to him to be concerned he will ever countenance and preserve them and it And p. 225. Why may we not suppose that a Popish Successor will defend his Regalia against the Pope Our Ancient Kings did so in the Reign of Rich. 2.16 c. 5. In a Statute of Praemunire the Parliament declares That the Crown of England against the Encroachments of the Pope hath been so free at all times that so hath been in no earthly subjection but immediately subject to God in all things touching the Regalty of the same Crown and to none other And God defend say they that it should be submitted to the Pope and the Laws and Statutes of the Realm be by him defeated and avoided at his will in perpetual destruction of the Soveraignty of the King our Lord his Crown Regalty and of all his Realm And I hope his Royal Highness will say as they did God defend Moreover the Commons say That the things so attempted viz. purchasing Bulls from Rome executing Judgments given in the Court of Rome translating of Prelates out of the Realm or from one Preferment to another be clearly against the Kings Crown and Regalty used and approved of the time of all his Progenitors Wherefore they and all the siege Commons of the same Realm will stand with our said Lord the King and his Crown and Regalty in the Cases aforesaid and in all other cases attempted against him and his Crown and Regalty in all points to live and to dye And moreover they pray the king and him require by way of Justice that he would examine all the Lords in the Parliament as well Spiritual as Temporal severally and all the Estates of the Parliament how they think of the Cases aforesaid which be so openly against the Kings Crown and in derogation of his Regalty how they will stand in the same cases with our Lord the King in upholding the rights of the said Crown and Regalty The like promises were made by the Lords Temporal and Spiritual and the default was to be punished by a Praemunire which is To be put out of the King protection and their Lands and Tenements Goods and Chattels forfeited to the King and that they be attached by their bodie if they may be found and brought before the King and his Council there to answer to the Cases aforesaid c. Now if these professed Papists did so resolutely and unanimously contest the Regalia against the Pope what greater zeal and resolution may we justly expect from a Protestant Parliament for such we may have if it be not our own fault if the Pope or any Agents of his should attempt to destroy the foundations of our established Religion and Laws Moreover in the days of Queen Mary we read how much time and what contrivances and largesses it cost that Queen to form a Parliament to lier liking though then the Nation were mostly Papists and how much they contended still for the Regalia against the Pope and reserving of Abby-lands c. to the Purchasers nor when all was done did any man suffer without publick process in form of Law there were no throats cut nor bloudshed by private Messengers or Assassinates as we are taught to expect from every Justice of Peace and Tything man p. 85. and by I know not what Janizaries and that we shall be slain to see what Grimaces we make p. 89. Besides the number that suffered in her five years were not comparable to the number that have been slain in one hours fight during the Rebellion nor indeed to those that were Martyred for their Religion and Loyalty by illegal proceedings in the Mock-Courts of Justice during that Vsurpation the number of the Marian Martyrs being not above three or four hundred though they were too many Now a Wise man should look back upon the mischiefs that have befallen the Nation by resisting the lawful Prince and the endeavours to alter the Succession from the right Heir as well as forward upon the mischiefs that may never be and which upon a supposition of a Popish Successour are aggravated almost beyond a possibilitie of being effected Remember what it cost the Nation when the Succession to the Crown was disputed between the Houses of York and Lancaster There perished in that War as Historians do account two Kings one Prince ten Dukes two Marquesses twentie one Earls twentie seven Lords two Viscounts one Lord Prior one Judge one hundred thirtie nine Knights four hundred twentie one Esquires and of the Gentrie and Commons an incredible number So that in such cases the Remedie is generally worse than the Disease I have not said this God is my witness to abate the just and honest care of the Nation to keep out Poperie by such timely provision as his Majestie and his great Council shall see most probable but to allay the inordinate Hearts which may set the whole Kingdom in a sudden flame onely to prevent the fear of the suffering a Trial of our Faith if God should call us to it And I cannot consider without some horror what sore and long Wars and Devastations may follow upon a Bill of Exclusion as well as on a Popish Successor And if of two evils the least is to be chosen I should rather if the Will of God so be submit to my lot how hard soever under such a One than that the whole Nation should be rent in pieces again either by a Rebellion at home or Invasions
Zachary did abselve the French from their Oath of Allegiance his reason is for Hottoman a French-man and a Lawyer denieth that Chilperick was deposed by the Popes authoritie or that his Kingdom was given to Pepin but that all this was transacted by the authoritie of the great Council of that Nation as appears by ancient Annals which shew that there was no need of absolving the Subjects from that Oath which also Pope Zachary utterly denied for in the French Histories it is recorded as Hottoman and Girardus witness That the French did from the beginning reserve to themselves a power as of chusing so of deposing their Kings and that they were not wont to swear any other Fidelitie to the Kings whom they created than that they would yield them Faith and Allegiance if their Kings did perform that which they also swore to do So that if the King by male-administration first broke his Oath there was no need of the Pope the perfidiousness of the King having absolved the subjects from their Oath Yet lest this Invention of Milton's own should not be of weight to clear his Holiness he brings the Popes infallible testimonie for himself Pope Zachary says he who you say did arrogate that authoritie to himself excuseth it and lays it on the People for the Popes words are these If the Prince be obnoxious to the People by whose beneficence he possesseth his Kingdom the People that make the King may depose him So that the result of all is the Pope and Fanatick are agreed in this Principle The Majestas realis is in the People as Bellarmine with Buchanan do assert and They that create the King may destroy him with the same breath How industrious this Mercenarie man is to vindicate the Pope whenas his own Creatures acknowledge that he was the Dux Gregis the grand Instrument of dethroning that King and sharing his Inheritance In a Dialogue between Theophilus a Christian and Philander a Jesuit Bishop Bilson p. 418. of Christian Subjection brings in Theophilus saying Your Law doth not stick to boast that Zacharias deposed Childerick King of France and placed Pepin in his room Philander answers And so he did Theoph. Who says so besides you Philand Platina saith Ejus authoritate regnum Franciae Pipino adjudicatur By Zachary 's authoritie the Kingdom of France was adjudged to Pepin And Frisingensis affirmeth that Pepin was absolved from the Oath of Allegiance by Pope Steven which he had given to Childerick and so were the rest of the Nobles of France and then the King being shaven and thrust into a Monasterie Pepin was anointed King which you think much the Pope should do in our days Theoph. Zachary was consulted with whether it might lawfully be done or no he did not openly intermeddle with the matter whatever his privie practices were though many of your Bishops and Monks to grace the Pope make it his onely act But hear Zachary 's own words when Volorade and Burchard were sent to understand his judgment I find saith he in the sacred storie of Divine Scripture that the people fell away from their wretchless and lascivious King that despised the Counsel of the Wise men of his Realm and created a sufficient man of themselves King This was likely the case of Jeroboam who had a special Warrant from God God himself allowing their doings All power and rule belongs to God Princes are his Ministers and therefore chosen for the people that they should follow the Will of God and not do what they list All that he hath as Power Glorie Riches Honour and Dignitie he receiveth of the People the People create the King and may when the cause requireth forsake the King It is therefore lawful for the Franks refusing this Monster Childerick to chuse one able in War and Peace by his wisdom to protect and keep in safetie their Wives Children Parents Goods and Lives This is the Popes Divinitie saith Bishop Bilson that Kings have their power of the People which the Scripture saith they have from God Now as to the Annals of France it is true that the Pope had not intirely grasped the power of deposing Princes in those days but made use of other Instruments yet this was done say the Annals Pontifice prius consulto as Sabellicus and the Gloss in verb. Deposuit i. e. deponentibus consensit The true reason was this Pepin was a man on whom the Pope relied to quell the Lombards and defeat the Grecians that he and Pepin might divide the Spoils of the West as it came to pass for the Emperour was turned out of Italy Now let the Reader judge how diligent an Advocate Milton is for the Pope that notwithstanding his own words advising it and the testimonie of his own creatures affirming it and the matter of fact and the event demonstrating it would yet excuse him from having a hand in deposing of that French King And is this a fit Guide for our Modern Writers Is it not possible as our Author says but to take many things from Doleman in the case of Succession and many more from Milton when you would irritate or defend the People of England in case of Resistance and Regicide Have the Boutefeus of this Age nothing to set the Nation into a flame but those Firebrands which were rak'd up in the Ashes of that prosligate Villain Milton who pleaded the Cause of the Pope Gratis and for money that of Good God! what a Spirit of Rebellion is spread over the Land when as it was observed by Dr. Heylen at the beginning of the last unnatural War No times were more full of Odious Pamphlets no Pamphlets more aplauded nor more dearly bought than such as do most deeply wound those Powers and Dignities to which the Law hath made us subject Methinks we are like the man in the Gospel Matth. 12.44 out of whom the unclean Spirit being cast out it walked up and down through drie places seeking rest and finding none then said he I will return to my house from whence I came out and finding it emptie swept and garnished he taketh with him seven other Spirits more wicked than himself and they enter in and dwell there and the last state of that man is worse than the first Deus avertat Omen I beg my Readers pardon that I may animadvert a little on these Libellers and acquaint them that to their Progenitors we owed the kindling fomenting and inflaming those late Wars that made us a confusion at home a scorn and a reproach abroad Prynne Burton and Bastwick were like so many Foxes let loose and encouraged like the Priests and Preco's of Mars to scatter Fire-brands through the Nation Nor would the times permit a little water to be sprinkled for the quenching of them but fed them with oyl The Laws were silenced and out-lawed then as they are now as if indeed we were inter Arma there wanted not scourges to punish them but an arm to inflict the legal
endure wicked Princes as we do Inundations or Scarcitie which are of Gods sending These you say p. 20. are full and pregnant proofs and I think ad hominem cogent for if as you observe from Eusebius the Empire was to descend as other Paternal Inheritances then it must be more unlawful to resist or exclude a Prince from enjoying his Inheritance than any private person And then surely no sound Christian could have joyned in an Address to Constantius to exclude a person appointed as it were by the Voice of God as you say of Constantine that he was declared absolute Emperour by the 〈◊〉 and long before that by God himself the great King of all p. 21. And St. Augustine says the same viz. God that gave the Empire to Constantine gave it to Julian Onely by the way I do not think that your 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neither will in the sence of the Greek Fathers bear your interpretation of the Law of Nature for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is often used by Greek Authors for Custom And I believe that Father whom you mention intended no more than a Right of Succession for two or three Generations which carried the name of a Law as it doth also in our Common Law where Consuetudo Lex est And it is well known that when the Heirs of the Emperors have been living the Roman Souldiers have created their Emperours out of Obscure Families but these are no Patterns for us Christians to follow nor for us in this Nation above others For William the Conqueror claimed the Crown not so much by his Sword as by Right of Succession if you will believe the Author of that Fanatical book called The Rights of the Kingdom to King Edward whose Kinsman he was and his Heir by Will as appears by the Laws of St. Edward and William p. 197. So that in this respect the Descent of the Crown of England is much more firm and established than that of the Empire having been continued through more Generations and confirmed by many Laws which whoever shall infringe takes off the Government from its Hinges and leaves all to Confusion For when a private Estate is intailed on a man and his Heirs it is necessary that to bar the Heir and alienate the Estate the original Intail must be cut off and then he that is in possession may dispose of the Inheritance to one or more And perhaps this was the intent of the Bill for Exclusion to make it an Act for the Dissolution of Monarchy and reduce us to a Commonwealth again And it were better we should suffer some Inconveniencies if the Will of God be so which yet are uncertain than against the Will of God to do things unjust and draw more certain troubles on our own heads For in the Contest between the Houses of York and Lancaster when the first alway pleaded the Right of Descent the other alleadged the Acts of Parliaments there were infinite troubles which cost the lives of above 200000 men whereof eight were Kings and Princes forty Dukes Marquesses and Earls besides Barons and Gentlemen and after all the Kingdom fixed on this Maxime Jus Sanguinis nullo Jure dirimi possit i. e. The Right of Bloud cannot be abrogated by any Law And the Author of the Rights of the Kingdom says that in the days of Henry the Third and Richard the First when was a motion of some great men that a Bastard might inherit the Parliament at Merton cried out Nolumus leges Angliae mutare p. 264. Therefore I wonder that the same Author p. 98. making a Supposition That if any one man of all the Commons in Parliament should usurp the Crown with all its dues He mentions not the whole House for that hath been done already What should I what may I do saith he and answers Nothing but mind my Calling and attend the Judgment of the highest Court that I know that may command my Body and Judgement much It is a Maxime in our Law That the King never dies The King and his Heirs are looked on in the eye of the Law as an Individual and to prevent Tumults and Disputes they are joyned in most of those Acts that concern the Dignity of the Crown and publick Peace and the Son hath sometime been Crowned in his Fathers life-time Yet we plead not Providence in the long continuance of the Succession nor the Law of the Land upon which for other matters you lay the stress of your whole Discourse but upon the Law of God Deut. 17.8 where it was ordained as a Statute of Judgment i. e. say Fagius and Munster a firm and immutable Law and as the Vulgar Sanctum Lege perpetua That IF A MAN DYE WITHOVT CHILDREN THE INHERITANCE MVST BE GIVEN TO HIS BRETHREN And Ainsworth from Solomon Jarchi says The Brother of him that was dead or his Brothers seed shall inherit All this hath been observed by the Law of Nations where Kingdoms are hereditary That as it is unjust so it hath been always unhappie to alter the Succession and even in private estates the disinheriting the right Heir hath been very much condemned and unfortunate And yet p. 22. you say the Fathers had the Conscience to set aside such a Title They could not do it with a good Conscience the thing being in it self evil for as the Law of God forbids to countenance a poor man in his Cause so doth it also to defraud the rich or follow a multitude to do evil neither to speak in a cause to decline after many to wrest judgment None of us would judge it reasonable to be deprived of his right contrary to Law and why then should we think it lawful to deprive another of that right to which we owe the preservation of our own Athenagoras more clearly shews what was the consent of the Fathers in this case We pray for your Empire and that the Son as it is just may succeed in his Fathers Throne And yet they both were Pagans But what would the Consent of Fathers and the sense of the primitive Christians signifie against the Decree and Laws of Heaven who cannot more plainly declare his will to us than by the voice of Nature by his written Word by pointing out as by his finger in his Providence in making Heirs to Kingdoms as well as other Estates by a long and legal discent and as St. Augustine said God that gave the Empire to good Constantine gave it also to Julian So Tertullian Inde est Imperator unde Homo antequam Imperator And Irenoeus By whose command they were born Men by his they are ordained Kings And yet all this Crack of the Fathers and Primitive Christians and p. 31. the whole Christian world produceth nothing but a flash of Rhetorick from an Invective in Gregory Nazianzen against Julian from which if we appeal to the same Author in a more temperate and Christian Zeal when he delivered himself
from abroad which may happen upon such an Exclusion for Regum afflictae fortunae facile multorum Opem alliciant ad misericordiam maximeque eorum qui aut Reges sunt aut vivunt in Regno quod Regale iis nomen magnum sanctum esse videatur The oppressed estate of Kings easily moves many to pitie especially them who are either Kings themselves or do live in a Kingdom to whom the name of a King is August and Sacred Saith the great Orator Pro lege Manil. Let us therefore leave the King and his Great Council to their free Determinations and acquiesce in the sage advice of Gamaliel St. Paul's Master Acts 5.39 Let us refrain from these things for if this counsel or this work be of men it will come to nought but if it be of God ye cannot overthrow it lest haply ye be found even to fight against God And I shall conclude the business of Exclusion with the Determination of Bishop Sanderson whose single Judgment will outweigh in an equal balance all the Opinions of the Opposers You have it p. 350. of his book de Obligatione Conscientiae I think saith he that an Hereditarie Kingdom may not lawfully be changed for an Elective as in and by the Exclusion it is like to be nor for any other form of Government either by the People alone nor by the People and Nobles joyntly nor by the whole bodie of the People in their greatest latitude that is the People Nobles and the King consenting together unless perhaps the Royal Progenie should so totally fail that there is not one surviving who may claim it as his due by Right of Inheritance And let it be considered that he wrote this before the Bill of Exclusion was ever dreamt of And now I cannot but reflect upon the Prognosticators and Wizards of our Time that amuse the people with the fancies and fears which their own guilt hath created as if we should be all swallowed up in a moment and there were a fatal necessitie of endless miseries attending us such as Mr. Baxter in his Prognostication and our Author who p. 89. tells us of such a dismal prospect as makes every honest mans heart to shake I remember some years since upon the great Eclipse of the Sun Lilly and some others made such a dismal representation of it as struck a terror into a great part of the Countrie and made them take home their Cattel to their houses and seek Sanctuary themselves in the Churches as if Dooms-day were come when the cause was natural and nothing fell out but according to that course which God had appointed for the Motion of the Heavenly bodies Though wise men are not moved at such bugbears yet they have an ill Aspect on the people to dispose them for such Commotions as may promote the interest of discontented and designing men For my part I shall continue to pray for his Royal Highness as our Liturgy directs and if it be the will of God to send us a Popish Successor to punish us for our resistance of a Protestant King whose bloud still cries for Vengeance I had rather die for not resisting him than to be as instrumental in procuring a Bill of Exclusion as this man would be and as successful as he can hope to be at my death to have it written on my Tomb Here lieth the first Author of this Sentence RATHER THAN THE DVKE OF Y. SHOVLD NOT BE EXCLVDED WE WILL EXCLVDE THE GLORIOVS FAMILY OF THE STVARTS And I will yet pray against the wickedness of these men Lord cloath all such his enemies with shame but upon his head and the heads of his seed let the Crown flourish I perceive Mr. Hunt to be a great devoto to some kind of Parliaments and that which was convened in the first of King James was one that consisted of Wise Loyal and Pious persons I intreat him therefore to consider what was Enacted by them in their Recognition 1o. Jacobi where after the Preamble it is thus declared We therefore your most humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled do from the bottom of our hearts yield to the Divine Majesty all humble thanks and praises not onely for the said unspeakeable and inestimable benefits and blessings above-mentioned but also that he hath further enriched your Highness with a most Royal Progeny of most rare and excellent gifts and forwardness and in his goodness is like to encrease the happy number of them And in most humble and lowly manner do beseech your most excellent Majesty that as a memorial to all Posterities amongst the records of your High Court of Parliament for ever to endure of our Loyalty Obedience and hearty and humble Affection it may be published and declared in this High Court of Parliament and enacted by the authority of the same That we being bounden thereunto N. B. by the Laws of God and man do recognize and acknowledge and thereby express our unspeakable Ioyes that immediately upon the dissolution and decease of Elizabeth sate Queen of England the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same and by inherent Birth-right N. B. and lawful and undoubted Succession descend and come to your most Excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood-Royal of this Realm as is aforesaid And that by the goodness of God Almighty and lawful right of Descent under one Imperial Crown your Majesty is of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King and by Gods goodness more able to protect and govern us your loving Subjects in all peace and plenty than any of your noble Progenitors and thereunto we most humbly and faithfully submit and oblige our selves our heirs and posterities for ever until the last drop of our bloods be spent And we beseech your Majesty to accept the same as the first-fruits in this High Court of Parliament of our Loyalty and Faith to your Majesty and your Royal Progeny and Posterity for ever Now as Grotius says a People may be presumed to be the same that they formerly were till some publick act shew that their judgments are altered How dares Mr. Hunt then to say p. 47. If any man is so vain as to say that an unalterable course of Succession is established among us by Divine Right I say he is a man fitted to believe Transubstantiation and the Infallibility of the Pope c. And if any man shall add that this is the Doctrine of the Reformation and adventure to tell the people so they are the most impudent falsaries that ever any Age produced when there is scarce a Child but hath heard what was done and maintained by the Clergy in the Case of Mary Queen of Scots How can this man who doubtless is an Ignorâ—mus if he never knew