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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40058 Four questions debated with an answer to the objection that the convention will not have the power of a Parliament. 1689 (1689) Wing F1668; ESTC R26140 5,677 14

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Four Questions DEBATED Q. 1. Whether the Exercise of the Government of England be totally Subverted Affirm Q. 2. Admitting the Exercise of Government dissolved whether the power of Selling is in the People Affirm Q. 3. Whether as the Case stands it is best to settle the Exercise of the Government in the Person who would be next by Lineal Descent if King James the Second was actually dead Neg. Q. 4. Whether 't is consistent with the Prince's Honour to accept of the Government especially considering his Declaration was to Redress Matters by a Free Parliament Affirm WITH An Answer to the Objection that the Convention will not have the Power of a Parliament LONDON Printed in the Year 1689. Q. 1. Whether the Exercise of the Government of England be totally Subverted Affirm IT is necessary first to consider what Government is then what the Antient Constitution of the Government of England was I shall take Sir Robert Filmer's definition of Government because he was a man who endeavoured to maintain the utmost height of Kingly Power in England and his definition is this Government is the Exercise of a Moral Power The Antient Constitution of the Government of England I take to be that which was agreed on by the King and all the People after the Heptarchy when the Saxons moulded the Government and chose Alfred to be King amongst other things these were part of his Oath viz. That he should be obedient to suffer right abbeissant a suffre droit as well as others of his people And it was agreed that a Parliament should be held twice every year at London and this continued from that time to the time of King Edward the Second as appears by Hornes Mirror of Justice Cap. 1. Sect. 2. And in the same Section are these words viz. Et tout soit que le Roy ne devoit aver nul peere en la terre pur ceo nequidant que le Roy d'sòit tort si il pecha-vers ascun d'son people ne nul deses comissairs ne poit estre Judge partee convient per droit que le Roy ust Compaignions pur oyer terminer aux Parliaments trestouts les breves plaints de torts de la Roy de la Roign de leur Infants de eux especialment de que torts l'en ne poit aver autrement common droit And although the King ought not to have any Peer in the Realm because the King if he offend against any of his People none of his Commissaries may be Judge and Party it behoveth by right that the King have Companions to hear and determine at Parliaments all the Writs and Plaints of the wrongs of the King of the Queen and their Infants especially of those wrongs of which any cannot otherwise have common right And that Parliaments were held accordingly is manifest not only by the Authority of the Mirror but by the Writs of Summons to Parliament in Edward the First Second and Third and though there are affirmative Laws to hold Parliaments once every year and once in three years I know not of any Negative Law that there shall not be Parliaments as by the Constitution That King James the Second has totally Subverted the Exercise of Government by Exercising an Arbitrary Power contrary to all Moral Power and so the Exercise of Government is Subverted I shall plainly demonstrate both in Church and State. First in Church By setting up the Ecclesiastical Commission and thereby illegally prostituting all the Clergy to an Arbitrary Power with a Non obstante to all Laws this is directly against the Exercise of a Moral Power Secondly By the Commission to the Bishop of Chester Chief Justice Wright and Justice Jenner by which they turned out the President and many of the Fellows of Magdalen Colledge in Oxford the same Colledge where Queen Mary began to Tyrannize to which may be added the placing Papists in their Room and putting Massey into the Deanry of Christ-Church the greatest Colledge in the University and Dr. Walker in the Headship of University-Colledge By this means Traytors were made Tutors to young Scholars for so are all Englishmen reconciled to the See of Rome a ready means totally to Subvert the Reformed Religion and Government for from Universities generally come great Officers in Church and State. The dispensing power contrary to an act of Parliament made on purpose to prevent Popery and arbitrary power by preferring persons in Ecclesiastical Civil and Military affairs without taking the Test by means whereof Papists sat in Council with the King Judges who have the executive power of the Law and many made for particular illegal purposes were placed in Westminster-Hall Sheriffs who had the power of Counties seven of eight in one Circuit being professed Papists and a great number of the Justices of the Peace of the same Religion many Officers in the Army and Souldiers were displaced and Roman Catholiques placed in their stead and in Ireland by degrees Protestants were put out and Papists put in and that Kingdom was totally in the power of Roman Catholiques Besides the King owns the Supremacy of the Pope in all Ecclesiastical Affairs whereas the Laws of England declare the King Supream in Matters Ecclesiastical and Civil and the King owning the Supremacy of the Pope is a setting up an arbitrary power in all matters of Religion for if he is Subject to the Pope and all the Clergy swear Supremacy to the King this is contradictory to have two Supreams one by the Law of the Land Legally established and another raised by Arbitrary Power of the King destructive to the Constitution of the Church of England these things manifestly tend to the putting all Power Ecclesiastical Military and Civil into the hands of Papists and the dispensing power at once sets up Arbitary Power to destroy all the Laws and makes the exercise of Moral power to cease If it is objected That all these things though they are great misdemeanors yet they are but misdeameanors which a Parliament may correct but cannot amount to a subversion of the exercise of Government I answer that although in fact the whole Ecclesiastical Civil and Military power was not yet actually vested in Papists for then all must grant it subverted yet the acts before mentioned totally subvert the exercise of Government and annihilate the Kingly Office to which there is not requisite the actual destruction of all but it sets up an Arbitrary Tyrannical Power which may destroy all and many an instance may be given when without any actual wrong done upon the Bishops and Clergy or the Nobles and Commons of the Land the exercise of Government may be subverted as if the King should send to the King of France c. to Invade England and destroy the Subjects of England though no English man is hurt thereby nor any French-man comes into England vet the Government is totally subverted for as King he 's bound to protect his people and when