Selected quad for the lemma: justice_n
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A39219
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Eleventh collection of papers relating to the present juncture of affairs in England and Scotland
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1689
(1689)
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Wing E498; ESTC R1822
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26,308
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38
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the Affairs of Europe for that great Enemy of the Protestants and even of Christianity it self who had propos'd nothing less to himself than an Universal Monarchy whom the Strictest Leagues and Contracts cannot bind but without regard to GOD or Man threatens all his Neighbours with utter Destruction by the Scene 's being changed among us is so far humbled that from a Proud and Insulting Enemy he is become a Supplicant for Peace well foreseeing that if Britain join with those other Princes whom his Insolence Cruelty and Avarice has so justly Armed against him his Ruine is Inevitable So that if we have not Soul enough to enjoy this great Blessing and can easily part with the Glory of being once more the Arbiters of Europe let us at least have so much Christian Love and Charity for the Neighbouring Nations of our own Perswasion as not to expose them to a necessary Participation of these Plagues which our Common Enemies are preparing for us and which will certainly Terminate in all our Destructions Lastly I beseech you to consider what Persons they are who would Instill this Poyson in you and you will find them of three kinds First those who Postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Justice and Mercy equally Flourish Virtue and Merit not Villany will be rewarded Secondly They who are ignorant of the Nature of Government and were never at the pains to inform themselves what Measures the Law of Nature and Nations have set to mens Obedience but are angry at every thing that thwarts their wild Notions and will admit of nothing tho never so reasonable and convincing if their dull Capacities cannot reach it The third sort are such as have been instrumental in the inslaving their Country and are afraid if they be called to an Account they may be brought to suffer Condign Punishment if such cannot succeed in their Design they at least hope to be overlook'd in a General Confusion so they have nothing unessayed that may tend to their own safety and if Heaven fail them they summon Hell to their Aid not that Love to their Prince but meer Ambition and Interest drives these Criminals to such Attempts neither are they much to blame if they are at such pains to sow Divisions among us But no Person of Wit and Judgment nor any Good Man that is truly Protestant and minds the good of his Country will suffer himself to be so grosly imposed on by such Firebands who would build their Furture Imaginary Greatness on the Ruine of Our Religion Laws and Country The Grounds upon which the Estates of Scotland Declared the Right of the Crown of Scotland FORFAULTED and the Throne become VACANT I. BBcause King James the Seventh is a Professed Papist II. That the said King James did assume the Royal Power and acted as King without ever taking the Oath required by Law. III. That he hath by the Council of evil Men invaded the Fundamental Constitution of the Kingdom and changed it from a limited Monarchy to an Absolute and Despotick Power IV. Which Power he hath imployed to the Subversion of the Protestant Religion and the Violation of the Rights of the Subject And thereby V. Hath inverted all the Ends of Government The Opinion of two eminent Parliament-Men justifying the lawfulness of taking the Oaths of Allegiance to King William and Queen Mary I. FIdelity and Allegiance sworn to the King is only a Fidelity and Obedience as it is due to him by the Law of the Land for were that Faith and Allegiance more than what the Law requires we should swear our selves Slaves and the King Absolute whereas by the Law we are free notwithstanding these Oaths II. When therefore by the Law Fidelity and Allegiance ceaseth then our sworn Allegiance ceaseth for if Allegiance might be due by the Oath to one Person whilst by the Law it ceaseth to him and becomes due to another Person the Oath then would oblige Men to transgress the Law and become Traytors and Rebels whereas the Oath is part of the Law and therefore ought to be so interpreted as may consist with it III. Fidelity and Allegiance are due by the Law to King William and not to King James for the Statute of 25 of Edward 3 d which defined all Treasons against the King and is the only Statute to that purpose now that Statute by the King understands not only a King de jure but also a King de facto tho not de jure against whom those Treasons Lie whence the Lord Chief Justice Hales in his Pleas of the Crown p. 12. discoursing of that Statute tells us that a King de facto and not de jure is a King within that Act and that Treason against him is Punishable tho the Right Heir get the Crown and that this hath been the common Sense of the Law Sir R. S. upon application to him about it hath assured us And according to another Statute 11 Hen. 7. ch 1. It is declared Treason to be in Arms against a King de facto such as Richard the 3 d was tho it was in behalf of a King de jure So then by the Law of the Land all things are Treason against King William which have been Treason against former Kings therefore the same Fidelity Obedience and Allegiance which was due to them is due to him and by Consequence may be Sworn to him by the Law of the Land. Allegiance and Protection are always Mutual and therefore when King James ceased to Protect us we ceased to owe him Allegiance by the Law of the Land and when King William began to Protect us we began our Allegiance to him These Considerations are in our Opinion sufficient to remove the Grand Scruple about the Oaths If the dissatisfied Party accuse the Convention for making the Prince of Orange King it is not my Duty to judge those above me therefore I shall only say that if they have done ill Quod fieri non debuit factum valot and they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS
Preservation of the publick Peace and Liberties of the People To what hath been said let me add ex abundanti the late King 's retiring into France if it amount not to an Abdication it comes near unto a Forfeiture and no Prince or State can have less Reason to indeavour to restore him to his Crown and Dignity than that Monarch Whence hath he his Claim but from Hugh Capet and he from the Election of the great Men of the Kingdom and why did they pretend to lay aside Charles Duke of Lorrain whose Right it was by Succession but meerly upon this ground He had joyned himself to the Enemies of the Kingdom and so they transfer the Crown unto another Family that of the Capets And does not all Christendom in general and the English Nation in particular look upon that great Man of France as a Common Enemy shall not that which may hinder Succession justify in part a translating of it unto another But blessed be God all these are cleared in an Abdication and that asserted by the Representative Body of the whole Nation And now good Sir be perswaded to lay aside all Prejudice submit your Sentiments to the Judgment of your Superiors yield your Obedience and Fealty in taking the Oaths this you see is your Duty and not only so but your Interest It is not long since we were apprehensive of Popery and the Church-of England-Men did set themselves in direct Opposition against it and all the Accesses toward it for which the Generations to come shall call them blessed But whence come these Apprensions to be lessened can we expect a perfect Freedom from these Fears should he be re-admitted to his Authority It is not possible a Popish Soveraign should keep Promise with his Heretical Subjects as they stile us their words and Oaths if Roman Catholicks bind no further then stands with the Interest of their Religion and we know who both can and will dispence with Oaths and Promises made to Hereticks Would you setter him by Laws these have been like Sampsons Cords easily broken Would you place him under Tutors and Governours He is no minor cannot submit aut Caesar aut Nullus Men are but Men at the best and Time and Preferment may alter their Judgments However these would make him a Prisoner and no King. Should we submit in hopes of another Opportunity Would he not settle a Correspondence with Male-contents at Home and Foreign Princes Abroad and if he prosper in the Design hath that Common plea That his Promises are Void because made by him when under Restraint And then What will become of all that is dear unto us Religion Lives Liberties and Estates This is prevented by an Abdication so that if he return it must be by Conquest and then he will rule by the Sword we shall all be in the same Condition lie under the charge of Hereticks Rebels and Traytors the Government chang'd from a regulated Monarchy into an absolute Tyranny our Religion abrogated we shall be sold as Slaves or burnt as Hereticks If Men love Bonds and Imprisonments Rapine and Sequestration Racks and Tortures Fire and Faggots let them continue this Humor and Aversation but if none of these be lovely as indeed they are not let us bless God who hath redeemed us from the Hand of our Enemies and the Hand of all that hate us Let us joyn issue with the Divine Providence which hath delivered us from all these Evils in submitting and yielding our Obedience to our Soveraign Lord and Lady by whose Conduct and Courage we are brought into a state of Freedom and Peace Be not affrighted out of this by the false Rumors and Reports spread abroad by evil-minded Men but let us unite in our Submission to our present Rulers that thereby we may strengthen their Hearts and Hands in our common Defence There remains one Prejudice but no Objection arising from the vain Fears of some Men that the Church begins to be shaken in her Authority whilst matters of Religion fall under a Dispute and no Convocation consulted with But this if fully considered would swell a private Letter into too great a Bulk Let me for the present desire you to consider there is nothing design'd in Doctrinals but meer Matters of Ceremony and a relaxation of some Laws not consistent with the greatest Interest of the Nation in this present Juncture the Union of Protestants And out of experience that the severity of those Laws never reclaim'd one Dissenter but rather did drive others out of the Pale of the Church it is not unworthy of but highly becoming the Wisdom of those worthy Patriots to find out a Method whereby all Protestants of every Form may be brought into an easy Condition This Subject if this Letter find a candid Reception may be more fully considered of by Your very Friend Servant and Brother R. B. To the Right Honourable the Lords Spiritual and Temporal And to the Honourable the Knights Citizens and Burgesses in this present PARLIAMENT Assembled The Humble tition of TITUS OATES D. D. Most Humbly sheweth THat your Petitioner in the Year 1678 discovered a horrid Popish Conspiracy for the Destruction of the late King Charles the Second His Present Majesty and the Protestant Religion within these Kingdoms and prov'd it so fully that several Parliaments and Courts of Justice before whom he gave his Testimony declared their Belief of it by publick Votes and the Condemnation of several of the Conspirators For which Reason and because your Petitioner would not be terrified by their Threats nor seduced by their Promises of great Rewards with both which Temptations they often assulted him to desist in his Discovery the Jesuits and Papists pursued him with an implacable Malice and endeavoured to take away his Fame and Life by suborning Witnesses to accuse him of Capital Crimes but being defeated in that Villanous Attempt they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had at the Request of several Parliaments allowed to your Petitioner and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum for speaking this notorious Truth viz. That he the said Duke of York was reconciled to the Church of Rome and that It is High Treason to be so reconciled wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner and your Petitioner was committed to the King's Bench-Prison After this the same Popish Party obtained leave from King Charles the second to prefer two several Indictments against your Petitioner for two pretended Perjuries in his Evidence concerning the said Conspiracy which they brought on to Tryal in the Reign of King James the second and your Petitioner was upon the Evidence of those very Witnesses who had confronted him in three former Tryals and were disbelieved and through the Partial Behahaviour of the Chief Justice Jeffreys in brow-beating his