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A47486 Tyranny detected and the late revolution justify'd by the law of God, the law of nature, and the practice of all nations being a history of the late King James's reign and a discovery of his arts and actions for introducing popery and arbitrary power ... : wherein all the arguments against the revolution are fairly propounded and candidly answer'd ... / by Ric. Kingston. Kingston, Richard, b. 1635? 1699 (1699) Wing K616; ESTC R27456 101,348 297

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came to Redress the Grievances of the Nation by Calling a Free Parliament so he would abide by their Determination in what concern'd his own Person and not by any Rash or Precipitate Action seem to cross the End of his Coming which was to have all Things settl'd according to Law and therefore he left that and all other our Affairs to be settl'd by the approaching Parliament In the mean time the Prince Advis'd with the Lords how to pursue the Ends of his Declaration in Calling a Free Parliament for the Preservation of the Protestant Religion Restoring the Rights and Liberties of the Kingdom and Settling them so firmly that they might not lie in danger of being again Subverted To Answer this Great End in Setling the Nation by a Parliamentary Proceeding the Lords Spiritual and Temporal Assembl'd in their House at * Decemb. 22 Westminster and being agreed on the Particulars Humbly desire † Decemb. 25. His Highness the Prince of Orange to take upon him the Administration of Publick Affairs both Civil and Military and the Disposal of the Publick Revenue for the Preservation of the Religion Laws Liberties and Properties and the Peace of the Nation And that His Highness would take into his particular Care the present Condition of Ireland and endeavour by the most speedy and effectual Means to prevent the Dangers threatning that Kingdom All which their Lordships requested His Highness to undertake and exercise till the Meeting of the intended Convention on the 22th of January ensuing and presented it to His Highness with their Proposals about Calling a Parliament at St. James's December the 25th 1688. To which His Highness was pleased to return this Answer to the Peers assembl'd at the same place on December the 28th following My LORDS I Have consider'd of your Advice and as far as I am able I will endeavour to secure the Peace of the Nation until the Meeting of the Convention in January next for the Meeting whereof I will forthwith issue out Letters according to your Desire I will also take care to apply the Publick Revenue to the most proper Uses that the present Affairs require and likewise endeavour to put Ireland into such a Condition that the Protestant Religion may be maintain'd in that Kingdom And I assure you that as I came hither for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom so I shall always be ready to expose my self to any Hazard for the Defence of the same His Highness's Letters being dispers'd the Election of Members for the Convention was carry'd on with all the Expedition and Freedom imaginable and the Temper of the Nation fully discover'd in the Choice they made The 22th of January 1688. both Houses met again and having chosen their Speakers the following Letter from His Highness the Prince of Orange was Read in both Houses My LORDS I Have endeavour'd to the utmost of my Power to perform what was desir'd from me in order to the publick Peace and Safety and I do not know that any thing hath been omitted which might have tended to the Preservation of them since the Administration of Affairs was put into my Hands It now lies upon you to lay the Foundations of a firm Security for your Religion your Laws and your Liberties I do not doubt but that by such a full and free Representative of the Nation as is now met the Ends of my Declaration will be attain'd And since it hath pleas'd God hitherto to bless my good Intentions with so great Success I trust in him that he will compleat his own Work by sending a Spirit of Peace and Union to influence your Counsels that no Interruption may be given to a happy and lasting Settlement The dangerous Condition of the Protestants in Ireland require a large and speedy Succour And the present State of Things Abroad oblige me to tell you that next to the Danger of Unseasonable Divisions amongst your selves nothing can be so fatal as too great Delay in your Consultations The States by whom I have been enabl'd to rescue this Nation may suddenly feel the ill Effects of it both by being too long depriv'd of the Service of their Troops which are nowhere and of your Early Assistance against a powerful Enemy who hath Declar'd a War against them And as England is by Treaty already engag'd to help them upon such Exigencies so I am confident that their Chearful Concurrence to preserve this Kingdom with so much Hazard to themselves will meet with all the Returns of Friendship and Assistance which may be expected from you as Protestants and English-men when-ever their Condition shall require it Given at St. James's the 22th of January 1688. Will. H. P. d' Orange The Two Houses under a deep Sense of their Dangers and Deliverance in the first place by mutual Consent express'd their Thankfulness to God by appointing a Day of Publick Thanksgiving throughout the Kingdom and to His Highness as the Glorious Instrument of the Great Deliverance of this Kingdom from Popery and Arbitrary Power in the following Address which was presented to the Prince of Orange the 22th of January 1688. in these Words Die Martis 22 Jan. 1698. The Address of the Lords Spiritual and Temporal and Commons Assembled at Westminister in this present Convention to His Highness the Prince of Orange WE the Lords Spiritual and Temporal and Commons Assembl'd at Westminster being highly sensible of the great Deliverance of this Kingdom from Popery and Arbitrary Power and that our Preservation is next under God owing to your Highness do return our most humble Thanks and Acknowledgments to your Highness as the Glorious Instrument of so great a Blessing We do further acknowledge the great Care your Highness has been pleas'd to take in the Administration of the Publick Affairs of the Kingdom to this time And we do most humbly desire your Highness that you will take upon you the Administration of Publick Affairs both Civil and Military and the Disposal of the Publick Revenue for the Preservation of our Religion Rights Laws Liberties and Properties and of the Peace of the Nation And that your Highness will take into your particular Care the present State of Ireland and endeavour by the most speedy and effectual Means to prevent the Dangers that threaten that Kingdom All which we make our Request to your Highness to undertake and Exercise till further Application shall be made by us which shall be expedited with all convenient Speed And we shall also use our utmost Endeavaurs to give Dispatch to the Matters recommended to us by your Highness's Letter To which Address presented by both Houses at St. James's His Highness the Prince of Orange made this Reply the same Day My Lords and Gentlemen I Am glad that what I have done has pleas'd you And since you desire me to continue the Administration of Affairs I am willing to accept it I must recommend to you the
which they have here Asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembl'd at Westminster do Resolve That William and Mary Prince and Princess of Orange be and be Declar'd 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 Survivor 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 Anne 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 This Offer being made in due Form and Accepted by the Prince and Princess of Orange now our Gracious King William and the late Queen Mary of Blessed Memory on the 13th Day of February 1688. the Lords and Commons order'd the following Proclamation to be Publish'd and Made WHereas it hath pleas'd Almighty God in his great Mercy to this Kingdom to vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of Orange whom God hath chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity and being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of Orange whose Zeal for the Protestant Religion will no doubt bring a Blessing along with her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and presented the same to the said Prince and Princess of Orange and therein desir'd them to accept the Crown who have accepted the same accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with full Consent Publish and Proclaim according to the said Declaration William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland with all the Dominions and Territories thereunto belonging who are accordingly so to be Own'd Deem'd and Taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to acknowledge and pay unto them all Faith and True Allegiance Beseeching God by whom Kings Reign to Bless King William and Queen Mary with Long and Happy Years to Reign over us God save King WILLIAM and Queen MARY Joh. Brown Cler. Parl. These Ample and Affectionate Demonstrations of the Nation 's Gratitude were as Kindly receiv'd by the King and Queen as they were Dutifully offer'd by their Subjects And thus the King was pleas'd to express himself upon the Notice of it to the Lords and Commons My Lords and Gentlemen THis is certainly the greatest Proof of the Trust you have in Us that can be given which is the Thing that makes Us value it the more and We thankfully accept what you have offer'd And as I had no other Intentious in my coming hither than to preserve your Religion Laws and Liberties so you may be sure that I shall endeavour to support them and shall be willing to do any thing that shall be for the Good of the Kingdom and to do all that is in My Power to advance the Welfare and Glory of the Nation And now with what Inexpressible Joy and Entire Satisfaction the whole Nation entertain'd Their Majesties Accession to the Throne and seeing those Illustrious Princes that had been hitherto their Hopes and Desires now become their Glory and Crown of Rejoicing is easier to imagin than delineate and therefore I must content the Reader by only saying that nothing was omitted that might express a True and Unfeigned Joy upon that Extraordinary Occasion Thus have I shew'd how by a continual Series of Illegal Actions the late King proceeded to Abdicate and Renounce the Government of these Kingdoms till he compleated it by leaving the Realm And also what an Inevitable Necessity there was at that Conjuncture and as Affairs then stood to supply the Vacancy of the Throne by the Inauguration of that Meritorious Prince that now enjoys it And tho' there needs no other Reasons to satisfie the Scrupulous and command a quiet Submission than that it was done purely for the Welfare of the Nation and was settl'd by Lawful Authority yet because the Enemies of our Peace and Settlement take too great a Liberty to Asperse these Proceedings and Amuse the Unthinking and Unsteady People with contrary Opinions I hope 't will be pardonable to Administer an Antidote against the Infection of Virulent Tongues and Seditious Practices and Reconcile those to Reason and their Duty that have been or still do lie in danger of being perverted by the Sophistry of a Turbulent Faction And this I shall endeavour by shewing that the late King 1. Did Voluntarily Abdicate the Government 2. That the Proceedings of the Convention of the Estates were Just and Necessary That 3. King William's Title to the Crown is Indisputable And 4. The Obedience of his Subjects their Indispensible Duty The late King was under an Obligation by virtue of the Original Contract between the King and People which Compact is Imbody'd in our Constitution Imply'd in our Laws and Runs through all our Histories his Coronation-Oath and the Trust repos'd in him by his People to govern according to the Tenour of our Laws as has been already largely prov'd But on the contrary he broke all the Fundamental Laws fell foul upon the very Essence of the Constitution it self and gave no Quarter to any thing that oppos'd his Arbitrary Usurpation And was not this a publick Declaration that he would not be kept within the Bounds of Law nor hold his Kingly Office upon those Terms The Original Contract made him a Legal King but if he might not act the part of a Tyrant he would be nothing at all He was oblig'd by Law to protect and defend the Protestant Religion but by his unfortunate Persuasion in Religion and his moderate Affectation of Arbitrary Power he thought himself concerned to Suspend the Laws that were the Barriers to secure it and to treat it as the Northern Heresie What was his Actual Suspending and Annulling Laws without Consent of Parliament but a necessary Implication in Common Sense as well as Legal Acceptation that he Renounc'd his Kingly Office
into Scotland with the Lord Seaford without being able to obtain a Pardon for his Life or Estate From this and other Instances that might be given we may see their Popish Juggling for when an Act of Parliament is made against a Papist 't was no less than Treason to question the King 's Pardoning and Dispencing Power but when an Act bears hard on a Protestant and their King as he pretends has a Mind to Ease them then the King has no Power to Dispence he cannot grant a Pardon his Hands are bound up by Law So that the End of Setting up this Dispencing Power was only to shelter Papists from the Law and ruin Protestants for the Papists in their Hearts we see are as much against it as the Protestants To go on The late King declar'd in Council that he would publish such a Proclamation in England as he had done in Scotland and that none should have Employments under him that would not co-operate in taking off the Penal Laws And he began to execute these Resolutions with a Conduct full of Violence and Injustice The Lord Bishop of London was put out of the Privy Council and Suspended from his Episcopal Office because he would not Suspend Doctor Sharp now Archbishop of York without Legal Process The Earl of Rochester was depriv'd of his Office of Lord Treasurer because he would not change his Religion And the Duke of Sommerset lost his Office because he would not violate the Laws of the Kingdom in performing the Honours at the Reception of the Pope's Nuncio as is usual at the Introduction of Ambassadors To say in Excuse of this that James the Second turn'd out Great Officers of State because they would not obey him and concurr with his Intensions is to publish a Truth that ought to have been Conceal'd by his own Party because it was an evident Demonstration that his Intentions were Unjust and level'd against our Laws and Religion In Things Lawful tho' not Expedient he found a Tacit Compliance nay some of them to keep him in Temper perhaps comply'd further with him than the Strictness of the Law would justifie as Men pull down some Houses at a Fire to preserve the whole Town from Burning But to comply in all things had been to forfeit their own Honours to justifie his Illegalities and Tyranny 2. The Second Means that the late King James employ'd for the Destruction of the Religion and Liberties of England was granting an Ecclesiastical Commission directly contrary to Law This declar'd by what Methods he intended to govern for every Step he made was a new Project to assert his Arbitrary Power and acquaint his Subjects that he would make all Laws Useless that all Power should rest in his own Hands and the Administration be Issu'd from no other Source but his own Will and Pleasure for there was no Occasion for such a Commission but only to shew what he would be at and declare his Purpose to ruin the Church of England Therefore the Commissioners were Devoto's of the Court for the Archbishop's Name was put in but to grace the Matter They knew before that he would not Act and therefore to colour the Sham they oblig'd him to ask Leave to be absent To make this Commission more Illegal a Papist is appointed one of the Commissioners and the whole cloathed with as Absolute a Power as the late King himself was aspiring after They had not only Power to Repress and Punish all Abuses punishable by the Ecclesiastical Laws and to proceed against Offenders by Interdiction Suspention Excommunication Perpetual Imprisonment c. but they had also Power to Exercise their Authority in all Parts of England to Visit Cathedral-Churches the Universities Colleges Parishes Schools and Hospitals to Judge in all Causes and make new Laws Rules Orders and Statutes and Abolish the Old ones as the present Necessity requir'd notwithstanding any Privilege Statute Exemption or Prerogative to the contrary Which was such a boundless Stretch of Power as never had nor I hope never will have any other President than it self Thirdly He pursu'd his Arbitrary Methods by 3. Setting up Popery in Opposition to the National Religion to Ruin his Protestant Subjects and force the whole Kingdom under Subjection to the Papal Laws which had already sentenc'd them to Destruction and that nothing less could be the Design of this Unhappy Monarch will evidently appear if we consider how Popery represents us to the World and how Papists think themselves oblig'd to treat us under those Characters The modestest Terms the Popish Writers can afford the English Protestants is That they are a Pack of Sacrilegious Usurpers of their Church's Patrimony and a Nest of Obstinate Hereticks that ought to be Sacrific'd to their Revenge and Rooted out of the World by any Means whatsoever and this say they is always to be attempted by every good Prince according to Bellarmine's Salvo Ne sint fortiores nobis Unless they be too strong to be subdu'd For otherwise even Massacres are never condemned but when they are unsuccessful And how then they would have us'd us if they could have established their Mischiess by Laws as Bloody as their Minds let the Marian Persecution acquaintus And why should we tempt them again whose Religion is Cruelty and smells so much of Fire that the very Smoak makes us tremble The Laws of England always intend the Preservation of the Subject but Popery when Triumphant in respect of Protestants is destructive to all Laws contrary to the Law of Society to the Law of Government to the Law of Empire to the Law of Royalty and especially to the Laws of a Mix'd Monarchy such as England's are and Protestants can never be safe where 't is Regnant First 1. Popery is against the Laws of Society in all Protestant Countries as well as in England for according to the Romish Tradition the Reform'd are all Hereticks and as such are Ipso Facto depriv'd of the Right they had to their Goods their Children their Liberty their Privileges and even of their Country and ought to be regarded only as Robbers * Becan Theol Scol p. 1. cap. 15. quaest 6. Thieves Murtherers Rebels and Traytors condemn'd to Death by the Church and ought to be deliver'd to the Secular Power to be Executed And to compleat the Tragedy that Holy Church appoints prodigious Recompences to Princes that Exterminate them and Anathematize those that refuse it Now whilst a Popish Prince lies under the Persuasion that his Protestant Subjects are such as his Church represents them that they are not a People nor have Right to any thing they possess he lies under so great a Temptation to destroy them that they had no Reason in the World to trust him with their Lives or suffer him to set up a Power that will inevitably destroy them Secondly 2. It is not less Incompatible with the Law of Government for that is design'd to Protect and Defend And how can that
in-Law could counter-balance so many Great and stupendious Interests or the Sacred and Inviolable Obligations that ingaged him to God and the publick good of so many Millions of Souls that depended on it Every Prince of the Royal Blood of England is in Right of that Blood oblig'd to regard England as his Own Country and to take care of the Inhabitants over whom he has a Right to Reign that the Demeans of the Crown be not Wasted nor the Subjects Injur'd and the nearer he approaches the Succession the greater is his Obligation to Defend them from Violence and his Country from Ruin to which Country next unto his God * Chari sunt parentes cha●●i liberi propinqui familiares sed omnes omnium charitates Patriae una complexa est pro qua quis bonus dubitet mortem oppetere fi ea sit profituturus 〈…〉 and before all other Relations whatsoever he stands Particularly and Religiously concern'd for its Peace and Preservation His Highness the Prince of Orange could not neglect it now in common Prudence without manifest prejudice to his Right of Succession for the People of England by applying to his Highness had not only Recognized his Right to the Succession but also acqaainted him in their Memorial that if he refused them Succor under their present Ill Circumstances they would Assume their own Right and Free themselves and how far their Resentments of such a Slight might have Transported them is not easy to imagine Now altho the Reasons alledg'd are sufficient to shew the Justice of the Prince's Interposing between the late King and his Subjects yet I shall shew also that it is justified by many Presidents and where the Emergencies were not so considerable as ours nor their Titles to the Government so Incontestable as the Prince of Orange's was to the Crown of England who yet are Celebrated in History for their great Atchievements on such Occasions Constantine's quarrel with Maxentius * Eusebius Eccl. Hist p. 268. had no other ground and that was enough than that Maxentius Tyranniz'd over the Romans for which Constantine Invaded him Slew him and was receiv'd by the Romans as their Deliverer As remarkable was his Raising War against his Brother in Law Licinius because he persecuted the Christians for which when he had overcome the Tyrant the Christians plac'd him on the Throne in Licinius's Room and Historians have Celebrated his Name as a most Holy and Generous Champion in the Cause of Christ and their Country Constantine the Younger Son of Constantine the Great threatned his Brother Constantius with a War and made him desist from persecuting the Catholick Bishops and forc'd him to Restore Athanasius to his Bishoprick of Alexandria The like was done by King Pipin and Charles the Great against the Lomlards and by all the Christian Princes against the Turk in the Holy War To come nearer our own times Queen Elizabeth gave a Powerful Aid to the Hollanders * Vid. English Chron. and Hist of her Life against the Tyranny of the Spaniards King James the First * See his Manifesto 16. and K. C. Declaration on that Subject on the behalf of the Prince Palatine against the Emperour of Germany King Charles the First assisted the Rochellers with a Fleet and an Army against the French King in the cause of Religion and was incouraged to it by several of his Bishops and 't was always look'd upon as a great Blemish on the Reign of King Charles the Second and gave suspicion of his being in the Popish Interest that he suffered the F. K. to proceed so far in destroying his Protestant Subjects without such a seasonable Interposition as might have prevented it or gain'd an Opportunity of making his Reign glorious and his Kingdom easy by a War which in all probality would have brought that Monarch into better Terms for the Advantage of Europe So that from the Reasons aforementioned and the Presidents now alledg'd his Highness's Expedition to Rescue an Injur'd People from the Tyranny of Arbitary Power was one of the most Generous and Pious Enterprizes that any Age has acquainted us with and that the Good of this Nation was the only motive that gave birth to this undertaking see it in the Words of his Highnesses own Declaration Since the English Nation has always testified a most particular Affection and Esteem both to our Dearest Consort the Princess and to our selves we cannot excuse our selves from Espousing their Interests in matters of such high Consequences and from contributing all that lies in us for maintaining both of the Protestant Religion and of the Laws and Liberties of those Kingdoms and for the securing to them the continual enjoyment of all their just Rights to the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal and by many Gentlemen and other Subjects of all Ranks Therefore it is that we have thought fit to go over into England and to carry over with us a Force able by the Blessing of God to defend us from the Violence of those Evil Counsellors and we being desirous that our Intentions in this may be rightly understood declare that this our expedition is intended for no other design but to have a free and lawful Parliament assembled as soon as is possible and that in order to this all the late Charters by which the Elections of Burguesses are limited contrary to the Antient custom shall be considered as Null and of no Force and likewise all Magistrates who have been unjustly turn'd out shall forthwith Resume their former Imployments as well as all the Boroughs of England shall return again to their ancient prescriptions and Charters and that the Writs for the Members of Parliament shall be addressed to their proper Officers according to Law and Custom That also none be suffer'd to choose or to be chosen Members of Parliament but such as are qualified by Law and that the Members of Parliament shall meet and sit in full freedom that so the two Houses may concur in preparing such Laws as they upon full and free debate shall judge Necessary and Convenient both for the confirming and executing the Law concerning the Test and such other Laws as are necessary and convenient for the security and maintenance of the Protestant Religion c. Thus his Highness was pleas'd to declare his intentions with which the Nation was so Intirely satisfied that they conquer'd all that Read or heard them insomuch that many Persons of Quality and others met his Highness at Exeter put themselves under his Conduct and many other Lords and Great Men who had rais'd Forces in all parts of the Kingdom to strengthen the Prince's Expedition were marching with all speed to joyn his Highness's Troops And now A War being ready to break forth in the Bowells of the Kingdom several Spiritual and Temporal Lords in an humble Petition to the late King advise him in order to Redress the Grievances
Consideration of Affairs Abroad which makes it fit for you to expedite your Business not only for making a Settlement at home upon a good Foundation but for the Safety of all Europe The Lords having declar'd by a Vote of that House That Popery was Inconsistent with the Government of England the Commons upon the 28th of January passed the following Vote viz. Resolved THat King James the Second having endeavour'd to Subvert the Constitution of this Kingdom by breaking the Original Contract between King and People and by the Advice of Jesuits and other Wicked Persons having withdrawn himself out of this Kingdom hath Abdicated the Government and that the Throne is thereby Vacant This Vote occasion'd several Conferences between the two Houses of Lords and Commons in the Painted Chamber at Westminster the Substance whereof as they are transmitted * 〈◊〉 Debate at large between the House of Lords and House of C●●●●●● to us will be occasionally produc'd in the Sequel But on the 7th of February the Lords sending a Message to the Commons that they had Agreed to the Vote sent them up on the 28th of January last without any Alterations on the 12th of February following both Houses Unanimously Agreed to Declare as followeth The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster VVHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers employ'd by him did endeavour to Subject and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispencing with and Suspending of Laws and the Execution of Laws without Consent of Parliament By Committing and Persecuting divers Worthy Prelates for humbly Petitioning to be excus'd from Concurring to the said Assumed Power By Issuing and Causing to be Executed a Commission under the Broad Seal for Erecting a Court call'd The Court of Commission for Ecclesiastical Affairs By Levying Money 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 the Kingdom in Time of Peace without Consent of Parliament and Quartering of Soldiers contrary to Law By Causing several good Subjects being Protestants to be Dis-arm'd at the same time when Papists were both Arm'd and Employ'd contrary to Law By Violating the Freedom of Elections of Members to Serve in Parliament By Prosecutions in the Court of King's 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 Unqualify'd Persons have been Return'd and Serv'd on Juries in Trials and particularly divers Jurors Serv'd in Trials for High Treason which were not Free-holders And Excessive Bail had been Required of Persons Committed in Criminal Causes to Elude the Benefit of the Laws made for the Liberty of the Subject And Excessive Fines have been Impos'd And Illegal and Cruel Punishments Inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the the Persons upon whom the same were to be Levy'd All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the late King James the Second having Abdicated the Government and the Throne being thereby Vacant His Highness the Prince of Orange whom it hath pleas'd 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 Boroughs and Cinque-Ports for the Choosing such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22th Day of January 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 have been made And thereupon the said Lords Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembl'd 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 Cases have formerly done for the Vindicating and Asserting their Antient Rights and Liberties Declare That the Pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the Pretended Power of Dispencing with Laws or the Exercise of Laws by Regal Authority as has been Assum'd and Practis'd 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 Money to or for the Use of the Crown by Pretence of Prerogative without Grant of Parliament for a longer Time or in other Manner than the same is or shall be Granted is Illegal That it is the Right of the Subject to Petition the King and all Commitments and Prosecutions for such Petitioning is Illegal That the Raising or Keeping a Standing Army within the Kingdom in Time of Peace unless it be by Consent of Parliament is against Law That the Subjects being Protestants may have Arms for their Defence suitable to their Condition and as Allow'd by Law That the Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be Impeach'd or Question'd in any Court or Place out of Parliament That Excessive Bail ought not to be Requir'd nor Excessive Fines Impos'd nor Cruel and Unusual Punishments Inflicted That Jurors ought to be duly Impannell'd and Return'd and Jurors which Pass upon Men in Trials for High Treason ought to be Free-Holders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void 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 Premisses 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 Premisses ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly Encourag'd 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 Entire Confidence that His said Highness the Prince of Orange will perfect the Deliverance so far advanc'd by him and will still preserve them from the Violation of their Rights
As for his Departure out of the Kingdom tho' I have already prov'd it was a Plot of his own laying in hopes to Involve the Nation in greater Confusions than his own Conduct had already reduc'd it to yet in this Case 't is not material whether it was Voluntary or Involuntary since his Withdrawing himself was but a Continuation of his former Actings wherein he declar'd he would not govern by those Laws that made him King of England and was an express Renunciation of his Regal Authority To say that Abdication implies a Formal Renunciation by Deed is to mistake the Case for in the Common Law of England and in the Civil Law and in Common Acceptation there are Express Acts of Renunciation that are not by Deeds * Debate between Lords and Commons pag. 35 36. The Government and Magistracy are under a Trust and Acting contrary to that Trust is a Renunciation of that Trust tho' it be not a Renouncing by a Formanl Deed for it is a plain Declaration by Act and Deed tho' not in Writing that he who hath the Trust and acting contrary is a Disclaimer of the Trust especially if the Actings be such as are Inconsistent with and Subversive of this Trust For how can a Man in Reason or Sense express a greater Renunciation of a Trust than by the constant Declarations of his Actions to be quite contrary to that Trust and therefore must be constru'd an Abdication and Formal Resignation of it That a King may Renounce his Kingship may be made out by Law and Fact as well as any other Renunciation And that it may and hath been will be no Difficulty to to make out by Instances in all Countries not only where the Crown is or was Elective but also where it was Hereditary and Successive * Debate aforesaid p. 76. If a King will Resign or Renounce he may do so as particularly Charles the First did 'T is an Act of the Will and consequently in his Power to do as he thinks fit And the late King gave manifest Declarations of his Resolutions to do it in several Instances as has been particularly shew'd already Grotius and all other Authors that treat of this Matter and the Nature of it do agree That if there be any Word or Action that does sufficiently manifest the Intention of the Mind and Will to part with his Office that will amount to an Abdication or Renouncing Now had King James the Second came into † Idem p. ●7 ●8 an Assembly of Lords and Commons in Parliament and expressed himself in Writing or Words to this purpose I was born an Heir to the Crown of England which is a Government limited by Laws made in full Parliament by King Nobles and Commonalty and upon the Death of my last Predecessor I am in Possession of the Throne and now I find I cannot make Laws without the Consent of the Lords and Representatives of the Commons in Parliament I cannot suspend Laws that have been so made without the Consent of my People This indeed is the Title of Kingship I hold by Original Contract and the Fundamental Constitution of the Government and my Succession to and Possession of the Crown on these Terms is part of that Contract This part of the Contract I am Weary of I do Renounce it I will not be oblig'd to observe it I will not execute the Laws that have been made nor suffer others to be made as my People shall desire for their Security in Religion Liberty and Property which are the two main Parts of the Kingly Office in this Nation I say suppose he had so express'd himself doubtless this had been a plain Renouncing of that Legal Regular Title which came to him by Descent If then he by particular Acts such as are enumerated in the Vote of the Convention of the 27th of January he has declar'd as much or more than these Words can amount to then he has thereby Declar'd his Will to Renounce the Government He has by the Acts before-mention'd manifestly declar'd that he will not govern according to the Laws made nay he cannot do so for he is under a strict Obligation yea the strictest and Superiour to that of the Original Compact between King and People to Act contrary to the Laws or to Suspend them This did amount to a manifest Declaration of his Will that he would no longer retain the Exercise of his Kingly Power as it was Limited and Restrain'd and sufficiently declar'd his Renouncing the very Office And his Actings declar'd quo Animo that he went away because he could no longer pursue nor accomplish what he design'd and was so strongly oblig'd to that the Splendour of three Crowns could never divert him from it It was an Abdication in the highest Instances Not a particular Law was violated but he fell upon the whole Constitution in the very Foundation of the Legislature Not only particular Persons were injur'd but the whole Frame of the Kingdom the Protestant Religion and our Laws and Liberties were all in danger of being Subverted And which aggravates the Circumstances the late King himself who had the Administration Intrusted to him was the Author and Agent in it And when he cold no longer afflict us himself went away with Design to obtain Foreign Forces to compel our Submission to his Arbitrary Power Now because the late King had thus Violated the Constitution by which the Law stood as the Rule both of the King's Government and the People's Obedience therefore it was judg'd an Abdication to all Intents and Purposes and that by his Abdication the Throne became Vacant Nothing less than Things grown to such Extremities could warrant these Proceedings for God forbid every Violation of the Law or Deviation from it should be accounted an Abdication of the Government The Thoughts of such a Severity upon * Debate between the Lords and Common pag. 86. Crown'd Heads is abhorr'd by all Good Men. For when a King breaks the Laws in some few particular Instances it is sufficient to take an Account of it from those Ill Ministers that were Instrumental in it Why such a thing was done contrary to Law Why such a Law was not put in Execution by them whose Duty it was to see it done In Ordinary Cases of Breaking the Laws you have Remedy in Ordinary Courts of Justice and in Extraordinary Cases in the Extraordinary Court of Parliamentary Proceedings But in our Case where we were left without Redress the Malefactor being both a Party and Judge of his own Breaches of Law made Extream Remedies absolutely necessary and has been always practis'd upon the like Emergencies For The Great Council or Assembly of the Estates of this Kingdom from the first Institution of the Government had an Inherent Right to Assemble themselves in all Cases of Necessity such as Abdications Depositions Disputable Titles to the Crown Setling the Successions and to supply the Vacancy of the Throne as the
being such that where one Party does not perform his Covenant the other are absolv'd from theirs Which Advice being approv'd the Lords and Great Men of the Kingdom Assemble at Soissons Depose Childeric and Elect Pepin to be their King But above all I am amaz'd to hear the * Advice de Refugies p. 60. French Missionaries and other Writers so openly and scandalously Declaim against Dethroning Kings when the very Monarch that now enjoys the Crown of France wears the Crown in Consequence and by Right of such Depositions Nay It would be no hard matter to prove that almost all the Governments in the World owe their Settlements to Conventions of Estates Assembl'd and Authoriz'd by a Necessity of providing for the Publick Safety So that the Conventional Parliament of England in Deposing James the Second made no Incroachment upon the Rights of Kings nor Violation of the Law of God of Nature or the Law of Nations but agreeably to all these Laws Asserted their own Rights in taking more Care for the Safety of a whole Kingdom than the Pretentions of a Single Person who endeavour'd to destroy it And in this they did but follow the Practice of former Ages in their own Country as will appear by and by in the following Examples God has invested Kings with a Power to do Justice but not to commit Violences and therefore when they wilfully convert their Authority into a Power of Destruction as James the Second did Subjects have a Right by the Law of Nature to Repel Force by Force for the Necessity of Publick Safety is a Law so Sacred that it Abolisheth all others that oppose it and Justifies all the Revolutions and Settlements in the World that are built upon that Foundation It is the First and greatest Obligation of Mankind to procure and promote the Welfare of the Body whereof they are Members which if every one would think himself oblig'd to do there would be a Circulation of Safety and Prosperity through the whole * Eâque lege notus sis ut ea habeas principia naturae quibus parere quae semper sequi debeas ut utilitas tua communis utilitas sit vicissimque communis utilitas tua sit Cicero lib. 3. expresseth this to the Life in saying That we are born under a Law and instructed by the Principles of Nature that oblige us to prefer the Common Good before our own so that at length the Common Good may be our own Advantage also With a single Respect to this Common and Mutual Good the Light of Reason shining in Wiser Heathens which yet shines brighter in Christians exalted by Revelation dictated the Necessity of Government as an Instrument without which it could not possibly be attain'd Fair Useful Just and Equal Rules of Conversation were by Common Consent agreed on and some One or More Persons Renown'd for Wisdom Probity and Courage were Intrusted and Impower'd to Inforce as Occasion should require the Community to observe them Which Ruler was bound by Mutual Compact to govern by the Rules agreed on and under that Condition the People gave their Oaths to obey him So that those People that think themselves bound by their Oaths to an Absolute Obedience to their Prince without Reserve forget that the Rulers Office is merely Relative to their People's Welfare and they also forget their first Obligation to seek the Good of the Community If a Ruler act contrary to his Trust by setting aside the Laws of the Constitution made and agreed on by Prince and People as necessary for the Conservation of every Individual Person and by excercising an Arbitrary Power of his Own Erecting evidently seeks the Ruin of that Body he ought to preserve the Necessary Defence of themselves is no Offence against the Nature of Government which was Originally Instituted for the Preservation and not for the Destruction of the Society and therefore cannot be looked upon as Criminal The Judgment of the great Melancton concerning Government in his Exposition on the Fifth Commandment will clear this Point In regard saith he something will go amiss in every Society for the Love of Peace we must bear with many Faults of our Princes and so long as they design well in the main tho' they fall into Mistakes we ought to bear them with Patience and hide their Frailties as much as possibly we can But of a Tyrant he says a few Lines before * Nec praetextu operis Divini excusanda aut tuenda sunt vitia nec propter loci dignitatem tolerandae sunt manifestae Atroces injuriae impietates flagitiosae libidines Tyrannorum sine fine grassantium sed reliqua politia cui Deus gladium dedit recte facit cum Caligulas Nerones similia portenta removent a Gubernatione That the Pretence of a Divine Right can neither excuse or justifie his Crimes nor the Dignity of his Office tolerate him to exercise a Wicked and Wilful Tyranny but when his Impieties and Injuries to his People are evident and unsufferable the Powers to whom God hath in such an Extremity committed the Sword to protect and deliver an Oppress'd Nation may remove him from the Government as the Romans did Caligula Nero and other Monsters of Cruelty who were not only Enemies to the Commonwealth but to all Mankind Indeed when an Absolute Government hath for the Sins of the People taken firm Rooting which Thanks be to God was not England's Case I deny not but such as were born under it ought to be content with their Servile Condition till Heaven is prevail'd with by their Prayers and Piety to release them from Thraldom But in a Free Estate the Case stands as is before rehears'd Polanus in proposing the Question whether we ought to obey an Absolute and Tyrannical Prince exactly answers the Case of England under the Reign of the late King James saying We must distinguish between an Absolute and a Limited Monarchy in the former it must be born with because the Prince does but exercise his own Authority like Nebuchadnezzar But Sed si Rex seu Princeps habeat limitatum adstrictum certis conditionibus in quas juravit seu quas se promisit servaturum Penes Status aut Primores Regni seu Principatus est coercere Regis seu Principis Tyrannidem immanitatem Syntag. lib. 10. cap. 62. if the King or Prince governs in a Limited Monarchy where he receives his Crown on certain Conditions which he promises and swears to observe but instead of it breaks his Oath and sets up a Despotick Power unknown to the Constitution and Inconsistent with the Safety of it the Estates of the Kingdom may depose him from his Royal Dignity And this is Melancton's meaning also as may be collected from his Words already cited cui Deus gladium dedit to whom God hath given the Authority The Case thus stated makes England unconcern'd in the Deep Submissions of the Primitive Christians who tho'
Injury So that the Inference from these Premisses will utterly overthrow the Objection of our Adversaries in favour of the late King James For if a Patron that out of a Principle of Cruelty exposeth the Life of his Slave makes a Forfeiture of his Property in him much more may a Prince for the same Reason forfeit all his Interest in his Free-born Subjects And if a Natural Father who seeks the Destruction of his Son does therefore lose all just Claim to that Son's Obedience much more may a Prince who is but a Casul Political Father and is invested with that Relation only by Agreement and Compact may a Fortiori for the same Reason make a just Forfeiture and lose all just Claim to the Obedience of his Political Children So that the Convention of the Estates Assembl'd at Westminster in Deposing the late King and conferring the Crown upon our Gracious King William the Third have done nothing against the late King James but what they were necessitated to do and what they are justify'd in doing by the greatest Authorities in the Christian World At the late King 's Going off and making no manner of Provision for the Administration of the Government the Nation seem'd to be in the same Condition they were in when the Original Contract was first made and the same Care was requisite to settle the Distracted Affairs of the Realm under that Confusion wherein he left it as if we never had been bless'd with any Settlement at all and consequently the Convention upon the Vacancy of the Throne had Power to Model Things as the present Circumstances of the Publick exacted without being confin'd to the Presidents of former Ages and yet so great was the Modesty of that Venerable Assembly and their Care to prevent Innovations that they did nothing but what had been already done upon the like Occasion many Hundred Years before How the Clergy the Barons and the Commons deported themselves towards King John five Hundred Years ago and Deposing him and Electing Lewis of France I have already acquainted you and therefore shall say no more here than that the Grounds of their Proceedings were for Re-gaining those Franchises that were notoriously invaded by that Arbitrary Prince and are contain'd in the Great Charter of England King Edward the Second tracing the same Arbitrary Methods the Barons send him word That * Trussell 's Hist p. 2●6 unless he put away Peirce Gaveston that corrupted his Counsels and squander'd his Revenue and also addicted himself to Govern by the Laws of the Land they would with one Consent Rise in Arms against him as a Perjur'd Person And so they did and Beheaded his Minion Gaveston notwithstanding the King 's earnest Sollicitation for his Life The same Fate attended the Spencers And a Parliament being call'd without his Consent at length himself was Depos'd who confess'd the Sentence of his Deposition was just that he was sorry he had so offended the State as they should utterly Reject him but gave the Parliament Thanks that they were so * Trussell 's Hist p. 218. gracious to him as to Elect his Eldest Son their King King Richard the Second being laps'd into the same Misfortune of Affecting a Tyrannical Government the Lords and Commons declare unto him then at Eltham That † Knighton An. 1386. in case he would not be govern'd by the Laws Statutes and Laudable Customs and Ordinances of the Realm and the Wholsome Advice of the Lords and Peers but in a Head-strong Way would exercise his own Will they would Depose him from his Regal Throne and promote some Kinsman of his of the Royal Family to the Throne of the Kingdom in his stead But this Warning having no Effect at length a Parliament is Call'd without the King's Consent or Approbation by Henry Duke of Lancaster They requir'd him to Resign his Crown which tho' he condescended to and actually perform'd it as directed yet the * Trussell l. 2. p. 43. Parliament then Sitting thinking this Abdication not sufficient to build upon because the Writing might be the Effect of Fear and so not Voluntary and Spontaneous they thereupon proceed to a Formal Deposition in the Names of all the Commons of England upon the Articles Exhibited against him which consisted of Twenty nine Particulars and the greatest part of them relating to the Affairs of that Time in which this Age is not concern'd I have contracted them into a narrower Compass than in the Trussell's Hist Original without omitting any thing that is material and are what follows viz. That King Richard the Second wasted the Treasure of the Realm That he Impeach'd several Great Lords of High Treason that Acted for the Good of the Kingdom by Order of Parliament That he perverted the Course of Justice and took away the Lives and Estates of certain Noble-Men without Form of Law That he affirm'd All Law lay in his Head and Breast and that all the Lives and Estates of his Subjects were in his Hands to dispose of at pleasure That he put out divers Knights and Burgesses Legally Elected and put in others of his own Choice to serve his Turn That he Rais'd Taxes contrary to Law and his own Oath And Banish'd the Archbishop of Canterbury without Just Cause or Legal Judgment pronounc'd against him For these Reasons he was formally Depos'd by Parliament who at the same time Consented that Henry Duke of Lancaster should be Crown'd King tho' the Right of Blood was in Edmund Earl of March because now Henry the Fourth had signaliz'd himself in Delivering the Nation from the Tyranny of Richard the Second And after the same manner tho' with a more Free and Absolute Election proceeded the late Convention of Estates in Deposing James the Second and filling the Vacant Throne with our present Monarch William the Third who under God was the Glorious and Happy Instrument of Freeing England from the Tyranny of the late King These Proceedings I have already prov'd to be consentaneous to all Laws And to confirm it shall only add That amongst all the Unfortunate Princes that have been laid aside by their Subjects none were more justly Dethron'd than James the Second We read of some Princes that were Depos'd because they were Infected with the Leprosie but I think none will pretend that Leprosie under the Law was as Incompatible with the Government as Tyranny and Setting up of Idolatry was at this Juncture for that Disease was not in the power of Oziah to help but Tyranny was the Efflux of the late King 's Arbitrary Will and the Gratification of his Sensual Appetite Besides Leprosie is but a Disease in the Body but Tyranny in the Soul Leprosie was but a Ceremonial Evil but according to this manner of Speaking Tyranny is a Moral Evil. Leprosie does but infect Tyranny destroys King Childeric of France was Depos'd for Slothfulness and neglecting the Affairs of the Kingdom and it it must be acknowledg'd this shameful
Inactivity to which the Kings of France were then accustom'd was grown very disadvantageous to the Government But France was not in danger of perishing by his Idleness and England was on the very Moment of being destroy'd by the late King's Tyranny and Subversion of the Laws And so much Difference as there was between doing Nothing and endeavouring to Ruin All so much Difference was there between the Dethronement of Childeric and that of James the Second There have been Kings Depos'd for Involuntary Absence upon certain Occasions but that cannot stand in Competition with the late King 's wilful Renunciation of the Government by refusing to Govern by the Laws of the Constitution and his Voluntary Deserting the Kingdom when no Force compell'd him to it Was there ever any Mention of Introducing another King till the Throne stood empty by the late King 's going away Did ever so Great a People comport themselves with so little Disorder when they were Lawless and without a Government And was it not high time to provide for the Safety of the Nation when he that should have Govern'd it had voluntarily left it and not only so but left it in the greatest Confusion he could possibly reduce it to and went off only to procure a Foreign Army to Conquer and Subdue the whole Nation into Slavery and profest himself an open and Hostile Enemy to the Kingdom Was the Absence of a Prince to be compar'd with these Extravagancies Were they any longer to be submitted to when there was no Hope of Amendment They that assert such Contradictions and Improbabilities might as well affirm that a Fever was a Recipe for Health and the Plague a Medicine for Long Life and would gain Credit as soon to one as they can do to the other Subjects have Renounc'd their Kings for Usurping a Power to treat them as they pleas'd as was the Case of Rehoboam and Jeroboam But what is Arbitrary Power tho' bad enough too when compar'd with an Actual Necessity of Destroying the Nation and that Necessity impos'd upon the Prince by his Conscience under the Expectation of Eternal Rewards in the World to come There may be Hopes of Reclaiming a Prince from the Evil Counsel of Others but there is no dividing a Man from himself In culpa est Animus * Hor. lib. 1. ep 14. qui se non effugit unquam In James the Second's Mind the Fault did lie That never from it self could fly Constantius Copronimus was Deposed for Impiety but that being a Personal Evil affected the Publick only by the Ill Consequences of a Regale Example And Impiety was never the Parent of so many Cruelties as the Superstition we are speaking of has been amongst us Atheism and Infidelity are Sins of the highest nature but never were guilty of Shedding so much Humane Blood as Superstition And therefore Princes have not been thought so Justly to deserve a Deprivation and the Loss of their Crowns and Countries as a Prince Superstitiously devoted to a False Religion who thinks his Actions Pious at the same time that he is * Que est facto pius est sceleratus eodem committing the greatest Wickedness and † Crudelitas nobilitata Religione rendring himself Infamous by Inglorious Cruelties to his Subjects Which we had Cause to dread for * Lucret. l. 5. Saepius olim Religio peperit Scelerosa atque Impia facta In our Fore-Fathers Times Religion did commit the foulest Crimes Some Princes have been Depos'd for Cruelty but their Cruelty not to be compar'd with his for a Transient Cruelty was always thought more tolerable than one that was Durable A particular rather than a publick Mischief A Cruelty hated by all the World as appearing in its own Likeness frightful rather than a Cruelty hidden under the pretext of Piety and Religion A Cruelty which destroys the Body only rather than a Cruelty that destroys both Body and Soul at the same time A tolerable Cruelty and Oppression before a Cruelty advanc'd before we are aware into an Inviolable Law of the Kingdom and may be justly nam'd an * Immortale odium nunquam Sanabile Vulnus Juvenal Sat. 13. Immortal Hatred and an Incurable Wound in the Body Politick that threatens Destruction to the whole Nation Such was the Tyranny of the late King whose Outside was Devotion and In-side Destruction for tho' in the general Representation of Things he seem'd but to take off the Penal Laws against Papists yet in the Distinct Idea he design'd to execute the Penal Decrees of the Church of Rome against Protestants which was visible in setting up Popish Magistrates who think themselves oblig'd to work our Ruin And in these cover'd Designs he exceeded most of the Tyrants that went before him who were contented to abuse their Subjects themselves without endowing their Inferiour Magistrates with a Supream Power for the same Purposes Nero kill'd his Mother and Brother and most of his Honest Courtiers but did not command his Governors of Provinces to follow his wicked Example Astiages gave his Favourite the Head of his Son to eat but did not impose upon his Lieutenants a Necessity of Imitating him in his Barbarous Repasts The Roman Emperors persecuted the Primitive Christians with all manner of Cruelties but we do not find that they were so oblig'd in Conscience to do it that they put it out of their power to shew them any Mercy But that Popery does it is known to Heaven and Earth and they must pull out their Eyes that will not perceive it So that our Adversaries must consent that the Proceedings of the late Convention of Estates in Deposing James the Second were the most Natural Just Necessary and Lawful that ever was or can be on the like Occasion And they have nothing left them to object unless they can prove that the Laws of which we have spoken were not of great Consequence to the Nation or that the late King did not break them since I have already prov'd that no Prince can have such an Absolute Right to a Crown but for the Safety of a Kingdom he may be Dethron'd For By the same Reason that he may Lose it to a Conqueror or Resign it to a Successor he may Abdicate it Otherwise the very End of Government would be lost if the Prince that endeavours to subvert the Kingdom does not at the same time forfeit his own Right to it And therefore the Convention of Estates who bless'd the Nation with the present Settlement had been Justifiable though they had fail'd of Success the late King having long before ceas'd to be a Legal King of England My next Undertaking is to shew that King William the Third now in the Throne of his Ancestors is Rightful and Lawful King of England Scotland France and Ireland and the Dominions and Territories thereunto belonging And to prove this beyond all possibility of Dispute tho' I need use no other Argument than that he is King by the