no Imperial Law beyond what is allowed by the Political Constitutions and could produce good Authority to prove that a King who Renounces that Power which the Law gives him ceases to be King in a legal Acceptation as much as if he should in the most formal manner resign his Crown Yet I shall make shorter work of it T. It may be you think to bring an Act of Parliament recognizing and acknowledging that their present Majesties were are and of right ought to be by the Laws of this Realm our Sovereign Leige Lord and Lady c. W. You Name but one Act when in truth there are two for the Bill of Rights in the last Parliament agrees almost in words T. Can such Recognitions alter the Right W. At least Acts of Parliament may be allowed to settle and declare the Right You know the Rule urg'd by your Advocate Third Part of the Magistracy c. Vindicated P. 2. It is a good and sure way to believe the last Judgment If this be a Rule among your Party even in Relation to the most Arbitrary Judgments of Westminster-Hall methinks it should persuade you to submit to the Judgment of the highest Authority of the Nation T. What Argument is that to one who questions the Authority of this Parliament and the Being of the last which you call a Parliament W. Whatever you think of the last I am sure this has been call'd by Writ from a King in Possession and the Laws made in such Parliaments have in all times been adjudg'd good and effectual And this Parliament has enacted That all and singular the Acts made and enacted in that which you call only a Convention were and are Laws and Statutes of the Kingdom and as such ought to be reputed taken and obey'd T. I very well understand your concern to have the Acts of the late Parliament as you call it pass for Laws for you well know unless they do you have no Parliament which can Act now But I need not urge that here since this Act of your present Parliament is unintelligible and signifies nothing for to Enact that they were Laws is neither good English nor good Sense W. You might have spar'd one of your Reflections at least for if it be not good English it will be difficult to make Sense of it without putting a meaning upon it which the English words will not bear T. However you must grant that to enact that they were Laws is not good English for to enact is to make a new Law W. As if it were improper by a new Parliamentary Consent to declare a former Law to be in force What is enacting that they were other than declaring as a Parliament that they were Or could they declare this as a Parliament without enacting T. If it were good Sense to enact for the time past it must be the declaring of the Laws to be good which past in a Parliament not call'd by Writ or due form of Law which is destructive of the Legal Constitution of this Monarchy and may be of evil and pernicious consequence to our present Government under King William and Queen Mary W. I am glad you own the Constitution of this Monarchy to be Legal and I am sure no Man who has look'd into its Ancient Constitution can think there is any weight in the Objection Such may observe that the Constitution provided for the Meetings of the Great Councils at stated times as appears by what I before observed of the Folemotes and if Writs of Summons were then in use it was only upon Emergencies happening within the time fixt by the Constitution which has likewise warranted the Assemblies and Acts of the People in many Vacancies of the Throne But it is very pleasant that you should urge the Consequences here as dangerous to the Government under Their present Majesties when you strike at the very Foundation of it and besides would have it fail for want of necessary Supplies from the People for according to you neither the last Parliament nor This nor any which can be called by Their present Majesties can be of any Authority T. Yes they may when King James and the Prince of Wales are dead but till then there can be no Parliament with power of acting for if this Parliament has none you must allow me that no other can but this Parliament could not be qualified to act till it had taken the Oaths of Allegiance and Supremacy which were altered by the last Parliament or Convention chuse you whether So that unless this and following Parliaments will take the Oaths as they were before the Alteration made since King James went away I see not how they can act W. Very fine they should under King William swear to bear Faith and true Allegiance to King James and to assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to him and to avoid all question whether any belong to him they should profess testify and declare that King James is lawful and rightful King of this Realm T. There is no help for it this must be done if they will act regularly Besides the want of Writs of Summons is our least Objection against the last reputed Parliament which gives the only Authority which this or any other under King William and Queen Mary can pretend to for the last which you will have to have been a Parliament made the supposed qualifications of future Parliaments before the Members had taken the Oaths which should qualify themselves for they altered the Oaths in the very same Act wherein they declared themselves a Parliament W. I foresaw that though you were loath to say so much you were not only for disabling Their Majesties and their Parliaments from levying Taxes or making any Laws but for denying that King William is so much as King in fact in a legal consideration T. Whatever I think I have not yet said so much W. To use the words of your old Friend Dr. W. Considerations for taking the Oaths p. 53 A due Title may be either such as according to the strict Rules of Justice bears that name as being obtain'd by due means and conferr'd without injustice or injury done to any person T. Admirably well said I am sure King James had wrong done him W. You are so transported with this that you cannot hear out what makes for you The Doctor says farther Or that may be styled a due Title which is legal or allowed of by the Law and which is conferr'd with those formalities of Law and with those usual Ceremonies and Rites which customarily are observed in the most regular Collations of Titles T. Bating what he says about conferring Titles which savours of the Republican this may not be much amiss and puts me in mind of the Objection made by our Friends that you Commonwealths-men who would have the choice of the People at least to design or mark out the Person of your King
least you must grant me that our Clergy do and tho' numbers of them believe King James his Right to continue and mean him when they Pray for the King yet they make no seruple of taking the Oath to this King and Queen W. Can you blame them By this Craft they keep their Livings But the Question is not what either they or you understand but what you do T. I find you have never read the Reasons why the Rector of P. Vid. Reasons why the Rector of P. took the Oath took the Oath of Allegiance to King William and Queen Mary W. Yes I have and by a very good Token I remember that he labours to prove Pag. 2. with the subtilty of a School-man that notwithstanding his Oath to this King and Queen he has not put himself out of a Capacity to perform what he swore to the last T. Right And what think you of that W. Before I tell you my thoughts I must Remark upon one Artifice of his In the Oath of Allegiance to the late King he swore to Defend him against all Conspiracies and Attempts whatsoever which he cunningly turns into Contempts that is says he That we will assert him to be our Rightful and Soveraign Prince not to hold his Crown by favour of the Pope nor to be deposable by him or any other person or power whatsoever But the unhappiness is the Discovery of this Cheat opens the Contradiction T. For my part I do not see where it lies W. Suppose for once that the Allegiance which you have sworn to King William did not Oblige you according to the sense of the Common-Law or that the Common-Law-sense did not import Active Assistance Yet you see if King James still remains your King you are bound to Defend him against all Attempts even such as may be made by this King to whom you have sworn to be true and faithful T. I see it is of good use that it should be Contempts instead of Attempts and I will believe the Vechum Saterdotis before a Statute-Book W. Methinks your Priest seems by his Equitocations to be one of the Romish Cut. T. I find your usual Malice against the Church pray profane not the Sacred Order W. I see he is resolved not to be depriv'd from his Office or Order for not swallowing an Oath but such Men would do well to maintain their Character by not going beyond their Office I wish the witty Author of the Grounds of the Contempt of the Clergy would exercise his Talent on this Subject But what think you of this Opinion of Treasons and Traiterous Conspiracies T. I like it very well 't is an Opinion one may thrive by and it qualifies me for being privy to King William's Secrets without danger of being thought to lie under an Obligation to discover them because he is in actual War with King James and his Designs against our rightful King cannot be Treason or Traiterous W. If King William could carry on the War alone indeed it were something but it must be managed by many hands Orders must issue out through several Offices the Ministers of State must have Meetings and private Debates all these it seems you are bound to discover T. Yes why not I am true and faithful to King William since I discover nothing which I have from his own mouth But we are bound to observe the Meetings and Cabals of King James his Subjects Rector p. 3. dive as much as we may into the matter of their Consults use all diligence first to inform our selves and then the King or his Officers of any Plot or Practice that we shall learn to be carrying on against him W. You well know of many carrying on against this King his Crown and Dignity are you true and faithful in not discovering them T. I am not bound to speak all the truth I know W. But if you know of any Treasonable Conspiracy against the Life of this King or his Government you are guilty of Misprision of Treason at Common-Law if you do not discover it but the concealing could not be a Crime if the discovery were not a Duty and if it be a Duty it is implied in swearing Allegiance and by consequence the acting contrary to that Legal Obligation is Perjury T. You would Perjure half the Nation W. No I would have all swear without Perjury but your own Casuist condemns you of wilful Perjury T. I can find nothing like it in that Golden Apology of the Rector of P. W. What think you of this Speaking of his Apology Rector of P. It concerns not says he those who have enjoyed any Offices or places of Trust under him who are hereby bound faithfully to discharge the Duty and Service belonging to them and such if they should enter into any new Covenant or promise to cease or forbear acting according to the tenour of such Trust or Commission have no benefit of this Apology T. I see now the Parson is a Rogue he would have none but Clergy-men gain by a Government which they disown he shall no longer have the guidance of my Conscience but I will betake my self to the Reverend Dr. VV. VV. Do you mean that learned Divine of our Church who wrote the First Part of the Protestant Reconciler T. No I mean him that wrote the Second for the first is as if it had never been he having retracted it as too favourable to the Schism which he clawed off in his Preface to the second Part by way of Penance for his former and his endeavour to widen the terms of Communion and let the Rabble into the Church VV. Well for once you shall chuse your Weapon but what is it you would prove out of him T. I will prove that you ought to be hang'd W. Nay God be thanked you have done enough to deserve that if the late King should come again nor can you expect to be trusted by him But what further would you prove out of Dr. VV. T. I will prove that admit I should know of Traiterous Conspiracies against this King I should not before God be guilty of Misprision or concealing of Treason W. You must have some very subtle distinction to help you off T. You must understand that as there is a King in Fact and a King of Right so there is Treason nominal or so call'd and Treason real but there cannot be real Treason against a King only in Fact at least not such as I shall incur Damnation for Confiderations humbly offered for taking the Oath p. 57. That which we translate Damnation in the Original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Judgment Now by our Law Treason may be committed against a King de facto and that is punishable by the judgment of Death it therefore may be Judgment to resist the King de facto in favour of the King de jure i. e. it may be an Offence which by the Law will render me
obnoxious to Judgment W. If you are strong enough then that you may prudenly venture for your King de jure you do but your Duty T. Very true W. I fear by the sense which you put upon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you give all Subjects the like liberty even against a King of Right T. No Pag. 45. they shall receive Damnation who resist the present Powers which by the Law are such however they demean themselves in the Government W. Before you are aware you will make the Powers the Apostle speaks of to relate only to them that are Lawful and if they are unlawful either in the exercise or acquisition it seems the Apostle takes no care of them But by what Rule do you make 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to signifie Damnation when applied to resisting a King of Right and only Temporal Judgment when applied to the other tho' he acts beyond the Power which God or Man had entrusted him with T. Because one is by Law and the other not W. You mean one had some Power by Law the other none but still that Power which he exercised beyond the Law was none in the Eye of the Law and either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is threatned only against resisters of a lawful Power or whether the Power be lawful or unlawful resistance is in all cases damnable T. I am sure 't is at least Damnation to resist him that has the Right W. Yes to that Power which he exercises But by what Law will you judge which has the Right or what that Right is T. By God's Law for this is a Divine Right W. Do you mean that God has ascertain'd not only the Rights of Princes but appointed the very Persons T. I mean as Dr. Hicks means Preface to Jovian p. 54. who tells us God hath given the Crown to the Royal Family for a perpetual Inheritance and hath by his Providence ordained that it should come to one of them after the decease of another according to Birth-right and proximity of Blood W. If the Doctor had considered the broken Succession he would never have argued thus from Providence for if as it will appear upon an exact enquiry more have come to the Throne out of the course than according to proximity of Blood Then all that can be inferr'd from this rectified by the true History is that God has in his Providence given it to a Family but not tied it to the next in Blood and by consequence King William and Queen Mary are our Rightful King and Queen T. You don't consider what Prejudice you do His Majesty by detaining me so long W. I should hope to do King William good Service if I could bring you to a due sense of the Obligation of the Oath which you have taken to him and since Dr. W. is a Judge which you have chosen I must refer you to his Preface for what may give you full satisfaction T. I am for the Book rather than the Preface for as the Preface to his Second Part of the Brotestant Reconciler was written after he had smarted for his Officiousness perhaps the last was written when some prosperous Accident to King William made him lay aside those Niceties with which men were to pretend to merit on both sides and perhaps he may be of the same mind with those prudent Divines of the North who were going in a full body to take the Oath of Allegiance but made an halt upon a Report of Major-General Mackay's being defeated in Scotland W. That may be but in his Preface he says Pâ—eface to Consid He does by no means condemn those Writings which plead for taking the imposed Oath upon such grounds as do more fully justifie the title of our present Governours And is so modest to own that he has not knowledge enough in the Law to pass an exact Judgment in that matter T. Then it seems he turns us off to the Lawyers and makes no determination in the point W. Tho' he pretends not to Law Preface to Consid he produces Evidences out of History to shew that VVilliam I. was received upon an Election and Compact that the keeping St. Edward's Laws was part of the Bargain that this became part of the Coronation-Oath of our Kings And that our Learned King James the First declared in a Speech to his Parliament That he was bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereto And therefore a King governing in a setled Kingdom leaves to be King and degenerates into a Tyrant as soon as he leaves off to Rule according to his Law T. King James you know was a timorous Prince and full of Dissimulation no doubt he thought to wheadle his people into something which might insensibly give him that power which he disclaimed But for Dr. W. I doubt he is of Republican Principles he would never else talk of a Compact between Prince and People W. What if you should find the same thing in the Author of the History of Passive Obedience T. That is impossible W. Does he not excuse Bishop Bilson for justifying the Revolt of the Low-Countries from the King of Spain Hist of Passive Obedience First Part p. 27. upon supposition that the Government in the Low-Countries was founded in Compact This you cannot but remember that he does and therein admits that some Governments may be so founded T. But the Second part of that History shews Second Part p. 72. that Bishop Bilson is wilfully mistaken and that what he says relates only to such Republicks and States in which upon the Invasion of Subject's Priviledges they are allowed by fundamental written known Compact as in Germany by the Bulla Aurea to resist as if that were applicable to Free Monarchies and particularly England contrary to his own express Assertion That the Subjects of England have not that warrant to draw their Sword without consent of their Prince Bilson p. 518 519. where he says he proves it at large W. I am satisfied no Prince will consent it should be drawn against himself but I take St. Edward's Law which shews that a King of England may cease to be King upon his violating his Coronation Oath of which the maintaining that is part to be as full a Compact as the Golden Bull. And Jasper Main one of the Historian's Authors admits that the Instances of the Cases of E. 2. and R. 2. may be proper if any Original Compact can be produced where 't is agreed that where the King ceases to govern according to Law he shall for such misgovernment cease to be King Besides if Bishop Bilson lays down any general Rule for resisting in all Monarchies not absolutely despotick 't will be hard for you to prove that England is to be excepted till you produce Bishop Bilson's own words without taking that Historian's Judgment who refers you to Passages where he will have his Assertion in relation
Pretences of all other Persons whatsoever T. You aim then at an Renunciation of King James's Title Cannot you be content with driving him away and setting another upon the Throne but you must bar the Door against poor King James W. When so many are in your Sense Traytors to K. James and his Party here is come to such an Head as to threaten to bring him in without Terms certainly it behoves every Man that has it in his Power at least to disarm those who would hang them in a short time if a check be not put to them T. Suppose you should get a Renunciation that will be the act only of them who consent to it and what will you be the stronger for that W. I must confess though an act of Renunciation would be of some benefit yet I believe without adding a Clause to that purpose in the Oath of Allegiance the Act would fall short of its desir'd Effect T. Is not the Nation sufficiently burdned with Oaths already W. An Oath I am sure in this case would be the most proper end of the Strife no man who swears in any case and that believes the late King to have no Right would scruple an Oath to that purpose and it is fit that they who believe K. James to be their King should shew it before King William leaves the Kingdom T. According to you such an Oath is needless for you will have as much implied in the Oath already required W. The sense which you put upon the Oath shews that this is no Test for you and therefore another is requisite T. You would go to limit God's Providence and renounce his Title who perhaps will force his way to his own again W. I think a true Englishman may resolve to adhere to the cause of his Country in all events without consulting Providence or the Stars T. Do you think King William will thank you for intreaguing his Affairs and making them Enemies who otherwise would sit still W. The cause will not bear Neuters now nor are those Neuters which you would have believed to be so T. I find you and I have taken different sides wherefore farewell till we meet in the Field W. I fear you less there than in the Courts of Princes or of Justice T. We shall be too hard for you in either of the places at Court we are the only men for Monarchy in Westminster-Hall we have the authority of the last Judgments on our side besides that we tickle the Judges with giving them a Power over the Laws And in the Field we of the Church shall be the body of the Nation W. You I doubt not would have the French Monarchy supplant the English But you have a pleasant way of making your court to this King and Queen by declaring that the Sovereignty is inseparable from the Person of the late King You think to please Judges who came in upon the restoring our Constitution by advancing Judgments which would overthrow it And the Church of England is mightily beholden to you for making a compound of that and the Romish together and raising a jealousie in Their Majesties as if its Members cannot be Loyal Subjects to Them yet assure your self how strong soever the Church-Party may be in meer Church-Points or such as are thought to be so you may observe that the generality both of Whig and Tory Members of the Church are united against the late King whenever the question is which King we should obey not being willing to trust to a pardon the most solemn promises of which may not only be dispensed with but perhaps it might never be in the late King's Power to make good even tho he should return and desire it T. Doubt not that I will undertake to carry you where you may have City-Security for a Pardon and good reward if you will return to your Duty W. Do you think that the French King by whose Arms and Money the late King if ever must be restor'd would suffer him to make good any Promises to Protestants Certainly you Jacobite-Tories are the blindest set of men that ever was You had better herd with the other Tories who would bring Torism in fashion under a King who came to root it out than to labour thus to destroy your selves and your Native Country T. I had better turn to you Whigs than join with those Renegadoes who are contemn'd by us of whose Party they formerly were and cannot with any face pretend to be servants to King William and Queen Mary for they agree with us that there was no ground for withdrawing their Allegiance from King James he having done no more than he might by his Prerogative and therefore that he ought to remain our King W. For that matter I will leave you and your Brethren to fight it out and am glad to divert your rage from the poor suffering Whigs to those who are come to us from you and by having shar'd the spoil with you formerly are better enabled to bear the brunt FINIS Books Printed for Richard Baldwin THE History of the Most Illustrious William Prince of Orange Deduc'd from the first Founders of the Ancient House of Nassau Together with the most considerable Actions of this present Prince The Second Edition A Collection of Fourteen Papers Relating to the Affairs of Church and State in the Reign of the late King James The Character of a Trimmer His Opinion of I. The Laws and Government II. Protestant Religion III. The Papists IV. Foreign Affairs By the Honourable Sir W. Coventry The Third Edition carefully Corrected and cleared from the Errors of the First Impression An Impartial Relation of the Illegal Proceedings against St. Mary Magdalen Colledge in Oxon in the Year of our Lord 1687. Containing only Matters of Fact as they occurred The Second Edition To which is added the most Remarkable Passages omitted in the former Collected by a Fellow of the said Colledge The Absolute Necessity of standing vigorously by the present Government Or A View of what both Church-men and Dissenters must expect if by their unhappy Divisions Popery and Tyranny should return again The Justice of the Parliament in inflicting of Punishments subsequent to Offences vindicated and the Lawfulness of the present Government asserted An Account of Perkinson's Expulsion from the University of Oxford in the late Times in vindication of him from the false Aspersions cast upon him in a late Pamphlet intituled The History of Passive Obedience The Way to Peace amongst all Protestants being a Letter of Reconciliation sent by Bp. Ridley to Bp. Hooper By Mr. Samuel Johnson Purgatory prov'd by Miracles Collected out of Roman-Catholick Authors With some Remarkable Histories relating to British English and Irish Saints With a Preface concerning their Miracles By Mr. Samuel Johnson A Seasonable Discourse shewing the Unreasonableness and Mischiess of Impositions in Matters of Religion Recommended to serious Consideration By Mr. Andrew Marvell late Member of Parliament The Revolter A Tragi-Comedy acted between the Hind and Panther and Religio Laici A Collection of Poems Satyrs and Songs against Popery and Tyranny In Four Parts An Answer to the Bishop of Rochester's first and second Letter c. A short View of the Methods made use of in Ireland for the Subversion and Destruction of the Protestant Religion and Interest in that Kingdom from the beginning of the Reign of the late King James to this Time and of the Suffering of the Protestants all along The Intrigues of the French King at Constantinople to imbroil Christendom discover'd in several Dispatches past between him and the late Grand Seignior Grand Vizier and Count Teckley all of them found among that Count's Papers With some Reflections upon them Plain English In relation to the real and pretended Friends to the English Monarchy Humbly offered to the Consideration of His Majesty and his Great Council the Lords and Commons in Parliament assembled The Second Edition With a short Preface and an Appendix concerning the Coronation-Oath administred to King James the Second The New Nonconformist Or Dr. Sherlock's Case in Preaching after a Deprivation incurr'd by the Express Words of a Statute Fairly Stated and Examined With short Reflections upon Mr. Cook 's Sermon February the 2d 16 89 90. which was Licens'd by the Arch-Bishop's Chaplain The Fate of France A Discourse wherein after having Answered the groundless Exceptions that are made against the Lawful Conduct of the English in securing themselves from Popish Tyranny c. it is shewed That by the Happy Revolution in England all the Designs of the French King for the Vniversal Monarchy are disappointed and the Rational Grounds to believe his Downfal near In three Dialogues betwixt Father Petre Father La Chaize and two Protestant Gentlemen FINIS