who can tell what Contests there may be about the Right of the Crown The Deposed Prince is alive and his Right by Sword will be disputed c. If the Government be dissolved the Power devolves on the People no one can claim the Crown the Royal Family is as it were extinct the People may set up what Government they please either the old or a new A Monarchy absolute or limited or an Aristocracy or Democracy If a Monarchy limited supposing it mostly suited to the temper of the English they may choose what Family they please to sit in the Throne They may settle it on the Princess of Orange Princess Ann the Prince of Orange and for want of Issue on whom else they think meet These hold not by virtue of an old Right but by reason of the People's placing it upon them and the Monarchy may be thus de Novo made Hereditary and the King and Prince of Wales gone having lost their Right by the Dissolution of the Government The Iura Majestatis the Militia the Power of War and Peace or the Power of the Sword with the Power of making Judges Sheriffs c. may be lodged where now the Power of Legislation is viz. in King Lords and Commons which will necessitate frequent Parliaments and make it impossible for the Monarch to enslave us There are but two ways by which Slavery can be brought on us viz. Force or Injustice The Militia or Power of the Sword being in the People we are secured from the mischief of Force The Power of making Judges and all the Ministers of Justice being also in the People they cannot be ruin'd by Injustice But we must do no Evil â—hat Good may come of it Is our Government dissolved or is it not If there be a Dissolution Is it of the Constitution or only of the Form of Administration I confess my self not States-man enough to be acquainted with the Fineness of the Politicks but am apt to run the old Road and please my self with an old Distinction All Power is Originally or Fundamentally in the People Formally in the Parliament which is one Corporation made up of three Constituent Essentiating Parts King Lords and Commons so it was with us in England When this Corporation is broken when any one Essentiating Part is lost or gone there is a Dissolution of the Corporation The Formal Seat of Power and that Power devolves on the People When it 's impossible to have a Parliament the Power returns to them with whom it was originally Is it possible to have a Parliament It 's not possible The Government therefore is dissolv'd If what is essential to our Constitution be invaded or ravished from us the Constitution is broken I will instance in two things essential to the Constitution That the People choose their own Representatives And that their Representatives have such an Interest in the Legislation that no Laws be made or abrogated without their Consent The destroying one or both of these subverts the Foundation of our Government The Government being dissolved what must the People do Câ—re must be taken that the Government to be erected by such as will perfectly secure us from Slavery and be a Fence inviolable to the Liberty and Property of the People And the Rights of Majesty must be therefore lodged with the Parliament this will be grateful to the People The way of doing it must be Great Awful and August that none may be able to quarrel it A National Convention made up of the Representatives of the Community That the Convention may be truly National and represent the Community it must be larger than a House of Commons ordinarily is It 's this Convention that sets up what kind of Government they please If they 'l have a Parliament made up of King Lords and Commons it 's sufficient that this Convention is so pleased The Power of this Convention must be absolute and uncontroulable accountable to none but God. It gives Laws to Kings yea to the whole Parliament and sets bounds unto it it shall go so far and no further No Act of Parliament can be strong enough to move the Foundation laid by this Convention The Convention therefore as it has more Power than a Parliament and is it's Creator it must have a larger Body What think you therefore if the first thing done by the approaching Convention be the increasing their Number What if they double it Whether by ordering every Market-Town to send up their Representatives or every Hundred Wapentake c. or by some other way according to the proportion of People and publick Payments as the wise Men of this Convention shall judg most practicable that it may be the Grand Council of the Nation I have unburdened my self and am Your Humble Servant Ian. 5. 1688. Some Account of the Humble Application of the Pious and Noble Prelate Henry Lord Bishop of London with the Reverend Clergy of the City and some of the Dissenting Ministers in it To the Illustrious Prince William Henry the Prince of Orange on Friday September 21. 1688. HE declared in Excellent Words That they came to pay him their Humble Duties and most Grateful Respects for his very great and most hazardous Undertakings for their Deliverance and the Preservation of the Protestant Religion with the Ancient Laws and Liberties of this Nation He addeth That they gave up daily many Thanksgivings to Almighty God who had hitherto been graciously pleased so wonderfully to preserve his Person and prospeâ— and favour his good Design And they promised the continuance of their ferventest Prayers to the same God and all Concurrent Endeavours in their Circumstances for the promoting yet further that Work which was so happily begun and also for the perfecting of it not only in this Kingdom but in other Christian Kingdoms He likewise suggested to the Good Prince That some of the Dissenting Ministers and their Brethren were there present who having the same sense of his Coming hither with themselves had joyned themselves with them by him to render Him their Humblest and most Grateful Resentments His Highness was pleased to declare That he thanked them for their Attendance and acquainted them very briefly with the chiefest Ends of his Difficult and Chargeable Expedition That indeed it was to Preserve and Secure the Protestant Religion his own Religion and their Religion and assuring them he should not think any thing not Life it self too dear to hazard in promoting and perfecting so good a Work. Also he offered up with great Devotion his solemnest Acknowledgments to Almighty God for his Presence with him and Blessing upon his Endeavours and Arms hitherto and asked the Continuance of all their Prayers to God for him The Address of the Nonconformist Ministers in and about the City of London to his Highness the Prince of ORANGE WEdnesday Ianuary 2â—â— divers of the Dissenting Ministers in and about London that go under the Denominations of Presbyterial and Congregational to
Right Line and in the Legal Steps and Degrees And this being done I am persuaded nothing can divide the English Nation or lessen their Zeal and Affection to the Prince of Orange who has deserved the Crown if it were ours to give him The Postscript which is an Huy and Cry after the French League to cut our Throats I leave to the Convention And if I durst be so bold as to ask a Favour of them it should be to enquire what the Ro. Catholick meant by that Threat of theirs so frequently printed and spoken by them If fair means would not obtain the Repeal of our Penal Laws and Tests foul should Now for a Conclusion I would desire you Sir to propose your method of Restoring the King and Securing our Laws and Religion and it shall go hard but I will shew you it is impracticable or impossible that it will never be granted or if it be never observed And if you please to bless the World with a Receipt of an Obligation that will bind the Conscience of any other Roman Catholick so fast that neither Iesuit and Pope can break or untie it I assure you I will joyn with you in a Petition to the Convention for a Treaty forthwith without any other Terms to be proposed than the giving us that Security whatever it is And in the Interim I am SIR YOURS Ian. 24. 1688 9. FINIS The EIGHT Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Proposals to the present Convention for Setling the Government II. Several Queries relating to the present Proceedings in Parliament III. A Protestant Precedent offer'd for the Exclusion of King Iames the Second IV. Reasons offer'd for placing the Prince of Orange singly in the Throne during his Life V. A Breviate for the Convention represented to the Lords and Commons of England VI. King Iames the First his Opinion of a King and of a Tyrant and of the English Laws Rights and Priviledges VII Proposals to the present Convention for perpetual Security of the Protestant Religion and Liberty of the Subjects of England London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1689. PROPOSALS Humbly offered To the Lords and Commons in the present CONVENTION for Settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that Duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitâ—tion to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Ioy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is eirther First immediately from God as in the Case of Saul and David and the Government of the Ievs or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Governor without their Consent And in case of a Conquest the People may be called Prisoners or Salves which is a State contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supreme Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easy Execution of the Laws the Executive Power be lodg'd in a single Person He has A Supreme Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Propositions and resolved by the Convention of Lords and Commons in the Year 1660. And note That the Acts of that Convention tho never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is Dissolved For two Essential Parts fail 1. A King. 2. A House of Commons which cannot be called according to the Constitution the King being gone and the Freedom of Election being destroyed by the King's Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That the has usurp'd an absolute Power superior to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd
to name no other A fifth is the last Appeal Now let but the Power of the Militia and choosing Magistrates be laid where Legislation is and we shall be fundamentally delivered from all Slavery for ever in the Nation If we be enslaved or oppressed by any Prince for the time to come it must be either by Force or by Injustice We cannot be oppressed by Force because no Forces then can be raised by Him but by a Parliament He cannot rule by an Army or by Violence for the Militia is in the Lords and Commons as well as in Him and they will not let him do so We cannot be oppressed with Injustice for the Iudges and Officers entrusted with the Execution of Iustice shall be chosen also by them and they will look to that It is true while no Parliament sits the King by Virtue of the Executive Power lying in him may raise Arms and put in Officers and Magistrates as there iâ— need but both these are to be done under the Controul of the next Parliament which are therefore to sit often by ancient Statutes there being no War to be levied nor Magistrates confirmed without their Approbation Let us remember the State we are in a State that puts the Supream Power in the Hands of the People to place it as they will and therefore to bound and limit it as they see fit for the publick Utility and if they do it not now the Ages to come will have occasion to blame them for ever When the Supream Power is upon the disposing if they do not take this Item as part of their proper Work To bind the Descent of it to a Protestant I shall blame them But I shall do so much more if after the Danger we have been in of Arbitrary Domination and Popery by the King 's raising Arms and putting Judges in and out at his Pleasure they do not take more care of the Supream Power to lay it and its Rights better together Especially seeing nothing can indeed be that in Nature which it is without its Properties This is uniform I must persist to the Nature of Government that where the Supream Authority is there must be its Prerogatives and where the chief or principal Rights of it is there should all the rest which depend upon and belong to it be placed also Where Legislation is lodged there should the Militia there should the Power of making Judges to name nothing more than serves my turn be lodged also It is this hath been the great Declension Fault or Defect of our English Common-Wealth that the People have suffered these Rights of Soveraignty to come to be divided arising we must conceive from the Administration that is Male-Administration as appears for Example in the Militia which upon the fresh coming in of the late King was in two or three hot Acts declared now and ever to have been in the King when both the Assertion was gross Flattery and such Acts void as fundamentally repugnant to the Constitution There is one Difficulty to be thought on and that is the Negative Voice of the Prince in his Parliament The Lords and Commons may agree upon some Law for the publick Benefit and the King alone may refuse to pass it If he be obstinate this is a great Evil and might really make one think it would be better therefore for the preventing this Inconvâ—nience to place the Supream Power in Lords and Commons only without a Controler Unto which may be added the Power of Calling and Dissolving Parliaments at pleasure by virtue whereof our Kings hitherto have pretended a Power predominant over them But forasmuch as these Prerogatives may be disputed and the Negative Voice hath been deny'd by many Judicious Men who have pleaded the Obligation of former Princes to confirm those Laws quas vulgus elegerit it is to be hoped that the Wisdom of the Nation will be able to find out some Expedient or Salve for this Difficulty and for more than that also so long as they have the Golden Opportunity to bring a Crown in one Hand with their Terms or Conditions in the other As for the several Grievances that need Redress and many good Things that are wanting to compleat the Happiness of our Kingdom there may be some Foundation laid happily or Preparations made in order thereunto by this Convention but as belonging to the Administration and being Matters of long Debate they are the Work more properly of an ensuing Parliament Only let not the Members of this present Great Assembly forget that they having so unlimited a Power and the Nation such an Opportunity which as the Secular Games they are never like to see but once they are more strictly therefore bound in Conscience and in Duty to their Country to neglect no kind of thing which they judg absolutely necessary to the publick Good. I care not if I commend three or four such Particulars against the time to Consultation which shall be these A Regulation of Westminster-Hall A Provision against buying or selling of Offices A Register of Estates A Freedom from Persecution by a Bill for Comprehension and Indulgence in the business of Religion A Redemption of the Chimny Mony which bringing the King to be Lord of every Man's House is against Property and an over-Ballance in the Revenue is against the Interest of the Nation THE Breviate bing ended we cannot but reflect upon the King there being so much Concern in the Minds of many about their Allegiance to Him though He be gone But such Persons as these should look a little more to the Bottom That a People is not made for the King but the King for the Peole And though He be greater than them in some Respects yet quoad finem the People are always greater than Him That is If the Good of the one and the other stand in Competition there is no Comparison but a Nation is to be preferr'd before one Man. As appears by the Opinion of King Iames the First hereto annexed If the Being of them be inconsistent one with another there is no doubt but it is better that a King cease than that a whole Nation should perish And upon such a Supposition as this all Obligation as to Duty must cease likewise There are some tacit Conditions in all Oaths as the best Casuists tell us such as Rebus sic stantibus for one that we must steer our Consciences by in these Cases He is the Minister of God for our Good says the Scripture And if any Prince therefore be under those Circumstances as that it cannot be for the Peoples Good that he should rule over them we do look upon such a Ruler to be bound in Conscience to give up his Government as being no Minister of God upon that Account And so having no Authority from God for that Office the Peoples Obligation to be subject to Him is at an end with it If they obey him longer it is for Wrath not for
falling off of the Nobility and Gentry who avow to have no other End than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what Dangers they exposed the King I am fully perswaded that the Prince of Orange designs the King's Safety and Preservation and hope all things may be composed without more Bloodshed by the Calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect Peace and Safety till when let me beg You to continue the same favourable Opinion that you have hitherto had of Your most Obedient Daughter and Servant ANNE A MEMORIAL OF THE Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of ORANGE YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government established by Law have been many ways troubled and vexed by restless Contrivances and Designs of the Papists under pretence of the Royal Authority and things required of unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard-of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of Persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in Time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemenours superceded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the K. would have condemned as happened to Judg Powel and Holloway for acquitting the seven Bishopâ— Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long jointly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their Aim That they most humbly implore the Protection of your Royal Highnesses as to the suspending and Incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledges and that your Royal Highnesses would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liberties as well of that as other Corporations restored and all things returned to their ancient Channel c. THE PRINCE of ORANGE HIS DECLARATION of Novemb. 28. 1688. WE have in the course of our whole Life and more particularly by the apparent Hazards both by Sea and Land to which We have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true English-man and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not carry on the blessed and gloâ—ious Design which by the Favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to establish the Religion the Laws and the Liberties of those Kingdoms upon such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easy Composing this great Design We have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility Gentry and People of England with Us for the Security of their Religion the Restitution of the Laws and Re-establishment of their Liberties and Properties Great Numbers of all Ranks and Qualities having joined themselves to us and others at great Distances from Us have taken up Arms and declared for Us. And which we cannot but particular mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and Common Souldiers have been touched with such a feeling Sense of Religion and Honour and of true Affection for their Native Country that they have already deserted the Illegal Service they were ingaged in and have come over to Us and have given Us full Assurance from the rest of the Army that they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without the Hazard of being prevented and betray'd To which End and that We may the sooner execute this just and necessary Design We are ingaged in for the Publick Safety and Deliverance of these Nations We are resolved with all possible Diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all Things first settled upon such a Foot according to Law as may give Us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescentions on his part as will give intire Satisfaction and Security to all and make both King and People once more Happy And that we may effect all this in the way most agreeable to our Desires if it be possible without the Effusion of any Blood except of those execrable Criminâ—als who have justly forfeited their Lives for betraying the Religion and Subverting the Laws of their Native Country We do think fit to declare that as we will offer no Violence to any but in our own Necessary Defence so we will not suffer any Injury to be done to the Person even of a Papist provided he be found in such Place and in such Condition and Circumstances as the Laws require So we are resolved and do declare that all Papists who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any
Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Souldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Souldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of Armed Papists have of late resorted to London and Westminister and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Though we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern we have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities Towns of England especially of the County of Middlesex and Cities of London and Westminster and Parts adjacent that they do immediately Disarm and Secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all Times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing Mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what We have required of them and suffer themselves at this Juncture to be cajoled or terrified out of their Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their Hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange By his Highness special Command C. HUYGENS. Given under our Hand and Seal at our Head-quarters at Sherburn-Castle the 28 th day of November 1688. FINIS A SECOND Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. An Enquiry into the Measures of Submission to the Supreme Authority and of the Grounds on which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties II. An Answer to a Paper intituled Reflections on the Prince of Orange's Declaration III. Admiral Herbert's Letter to all Commanders of Ships and Seamen in his Majesty's Fleet. IV. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the Defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland V. The Declaration of the Nobility Gentry and Commonalty at the Rendezvous at Nottingham Novemb. 22. 1688. VI. The Duke of Norfolk's Speech to the Mayor of Norwich on the first of December instant in the Market-place of Norwich VII The Address of the Lord Dartmouth and the Commanders of his Majesty's Fleet giving his Majesty hearty Thanks for calling a Parliament to settle the Realm both in Church and State. Printed in the Year 1688. AN ENQUIRY Into the Measures of SUBMISSION TO THE SUPREAM AUTHORITY And of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties THis Enquiry cannot be regularly made but by taking in the first place a true and full view of the nature of Civil Society and more particularly of the nature of Supream Power whether it is lodged in one or more Persons 1. It is certain That the Law of Nature has put no difference nor subordination among Men except it be that of Children to Parents or of Wives to their Husbands so that with Relation to the Law of Nature all Men are born free and this Liberty must still be supposed entire unless so far as it is limited by Contracts Provisions and Laws For a Man can either bind himself to be a Servant or sell himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract since all that Liberty which was not expresly given away remains still entire so that the Plea for Liberty always proves it self unless it appears that it is given up or limited by any special Agreement II. It is no less certain that as the Light of Nature has planted in all Men a Natural Ptinciple of the Love of Life and of a desire to preserve it so the common Principles of all Religion agree in this that God having set us in this World we are bound to preserve that Being which he has given us by all just and lawful ways Now this Duty of Self-preservation is exerted in Instances of two sorts the one are in the resisting of violent Aggressors the other are the taking of just Revenges of those who have invaded us so secretly that we could not prevent them and so violently that we could not resist them In which cases the Principle of self-Preservation warrants us both to recover what is our own with just Damages and also to put such unjust Persons out of a Capacity of doing the like Injuries any more either to our selves or to any others Now in these Instances of Self-Preservation this difference is to be observed that the first cannot be limited by any slow Forms since a pressing Danger requires a vigorous Repulse and cannot admit
plain that there are no Rules given in it neither for the Forms of Government in general nor for the degrees of any one Form in particular but the general Rules of Justice Order and Peace being established in it upon higher Motives and more binding Considerations than ever they were in any other Religion whatsoever we are most strictly bound by it to observe the Constitution in which we are and it is plain that the Rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it And if by the order of Divine Providence and of any Constitution of Government under which we are born we are brought under Sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is denied us we must then according to this Religion submit to those Sufferings under which we may be brought considering that God will be glorified by us in so doinâ— and that he will both support us under our Sufferings and gloâ—iously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperors and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government the Christian Religion or any Form of it is become a part of the Subjects Property it then falls undâ—â—â—â—other Consideration not as it is a Religion but as it is become one of the principal Rights of the Subjects to believe and profess it and then we must judg of the Invasions made on that as we do of any other Invasion that is made on our other Rights X. All the Passages in the New Testament that relate to Civil Government are to be expounded as they were truly meant in opposition to that false Notion of the Iews who believed themselves to be so immediately under the Divine Authority that they could not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman Yoke nor bound to pay Tribute to Cesar but judged that they were only subject out of Fear by reason of the force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were God's Freemen and made use of this pretended Liberty as a Cloak of Maliciousness In opposition to all which since in a course of many Years they had asked the Protection of the Roman Yoke and were come under their Authority our Saviour ordered them to continue in that by his saying Render to Cesar that which is Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his general Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ So that upon the whole Matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is setled by Law. XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determine us in this Matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King so that the whole administration of it is in him but the Legislative Power is lodged between the King and the two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority As for Instance If he levies Mony of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no Right So that there lies no Obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self-Presâ—rvation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a Free Nation that has its Liberties and Properties reserved to it by many positive and express Laws If then we have a Right to our Property we must likewise be supposed to have a Right to preserve it for those Rights are by the Law secured aginst the Invasions of the Prerogative and by consequence we must have a Right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those Ends are to be considered as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any Pretence whatsoever to take Arms against the King or any Commissioned by him And these Laws have been put in the Form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those
Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxime of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and Crown have favoured us yet as soon as the Court turns against us We change our Principles XIV Here is the true Difficulty of this whole Matter and therefore it ought to be exactly considered First All general Words how large soever are still supposed to have a tacit Exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carry still their own force with them 2. When there seems to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most Evident and the most Important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the Renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maiâ—tain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy us 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who mâ—de that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Ancient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissioned by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by Consâ—quence those who act in virtue of it are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince cloâ—hed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annâ—ls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His Deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchial Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the Crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still a Prisoner for a few Acts of Rage that had been fatal to a very few Persons And even our Court gave the first countenance to it though of all others the late King had the least reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the Evidence of the Thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next Thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Maleversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we may have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispense with Laws there is nothing left upon which the Subject can depend and yet as if the Dispensing Power were not enough if Laws are wholly suspended for all Time coming this is plainly a repealing of them when likewise the Men in whose Hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under-foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the
mistaken as Monmouth was Notwithstanding those eminent Peers Gentry and Commonalty of all sorts that are already in his Camp and such as are going daily as well Souldiers as others nor considering the great number of the Nobility that are in the Country and have not been examin'd and that such as were examin'd here in Town did no more than answer Not Guilty to the Charge of High-Treason So that there are more Nobility and Gentry with him than with his Majesty In his three and twentieth Reflection on the 19 th and 20 th Paragraph where the Prince refers all to a free Parliament our Reflector says it belongs not to him to refer other Mens business as if the Prince had no relation to the Crown Then tells us we are already in possession of what the Prince promises us as if the Catholicks were all out of imployment the Dispensing power given up no standing Army no apprehensions of Popery and Arbitrary Power and a Free Parliament for redressing of Grievances of all kinds in being 24. In the twenty fourth Reflection on the three last Paragraphs of the Princes Declaration he tells us The Prince has a manifest design upon the-Crown because he summons the Nobility Gentry and People of England to his Standard And if so who must stay with the King To that may be answered All such as believe the Prince of Orange has brought this Army and intends to make War upon England to subdue it to his meer will and pleasure trample all Laws both Divine and Humane under his Fleet dethrone his present Majesty and make himself King they will stay and fight for him or at least to the best of their power in some other manner assist and help him On the contrary part such as believe the Prince means nothing of all this but brought over his Army only the better to assist the Nobility Gentry and People of England upon their earnest desires and frequent solliciations and reiterated complaints in the recovering of the old Legal way of choosing Members for Parliament which by Illegal new Charters on pretended Forfeitures was in a ready way to be for ever lost in rescuing all the Laws of England from the devouring Jaws of a Dispensing Power in reducing Popery within those bounds the Law has prescribed it which like an Inundation had so over-flowed its Banks that our Religion and Government were in peril to be swallowed up by it and finally to redress these and all other grievances if for these and no other ends or concerns Men think the Prince has landed here such Men will take his part espouse his quarrel and contribute to his success and in these cases every Man will judg for himself as they did in our late Civil Wars Again he charges the Prince with a design of Conquest which not only the Prince himself disclaims throughout his Declaration and will hereafter disown in all his Manifesto's but the States of Holland who have so vigorously assisted and engaged themselves with all their Power and Credit to maintain him in this Attempt have assur'd us he left Holland under high and solemn Protestations to the contrary All this is I hope sufficient to dash the strain'd inferences of an inconsiderable Reflector As for that impudent Calumny of Perjury he endeavours to fix upon the Prince it needs no other refutation than a serious consideration of the Charge it self his Words are The Prince of Orange swore to the States of Holland never to be their State-holder tho' it were offered him and yet is now that very State-holder he swore never to be on any terms Now let any reasonable Man consider whether it be possible a Wise State should by an Oath given him disable the Prince of Orange from being their State-holder tho' Circumstances and times should so change that their immediate preservation and very existence of their State should require him to accept and execute that Office. For his personal Reflections towards the latter end I think very Impertinent and only fit to be buried in Contempt Thus having followed my tedious Reflector through his twenty four Reflections I take my leave of him reserving the Princes farther Vindication to some time when I shall be more at leisure to write and people willinger to read than they can be under the present surprize hourly expectation and continual anxiety for the event of this Heroick Enterprise Admiral HERBERT's Letter to all Commanders of Ships and Sea-men in His Majesty's Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous Way you are at the present in where Ruin or Infamy must inevitably attend you if you don't join with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the Sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the True Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with Success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to join your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your Power and make it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assuâ—â— your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Abord the Leyden in the Gooree AN ENGAGEMENT OF THE Noble-men Knights and Gentlemen at EXETER to Assist the Prince of ORANGE in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland WE do ingage to Almighty God and to
with Hereticks do watch for all Advantages and Opportunities to destroy them being commanded thereunto by their Councils and the principles of their Church and instigated by their Priests The History of the several Wars of the Barons of England in the Reigns of King Iohn Henry the Third Edward the Second and Richard the Second in Defence of their Liberties and for redressing the many Grievances under which the Kingdom groaâ—'d is a full representation of the Infidelity and Treachery of those Kings and of the Invalidity of Treaties with them how many Grants Amendments and fair Promises had they from those Princes and yet afterwards how many Ambuscades and Snares were laid to destroy those glorious Patriots of Liberty what Violations of Compacts and Agreements and what havock was made upon all Advantages and Opportunities that those false Kings could take Read their Histories in our several Chronicles FINIS A FOURTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. The Prince of Orange's first Declaration from the Hague Octob. 10. 1688. With his Highnesses Additional Declaration from the Hague Octob. 24. 88. Corrected by the Original Copy printed there II. The Bishop of Rochester's Letter to the Ecclesiastical Commissioners III. The Prince of Orange's Speech to the Gentlemen of Somersetshire and Dorsetshire coming to joyn his Highness at Exeter Nov. 15. 88. IV. A true Copy of a Paper delivered by the Earl of Devonshire to the Mayor of Darby Nov. 20. 1688. V. An Address of the Mayor c. of Lyn-Regis in Norfolk to the Duke of Norfolk And the Duke's Answer Decemb. 6. 88. VI. A Declaration of the Lords Spiritual and Temporal in and about the City assembled at Guild hall Decemb. 11. 1688. VII A Paper delivered to the Prince of Orange by the Commissioners sent by his Majesty VIII The King's Letter to the Earl of Feversham on his Majesties leaving White-hall with the Earl's Answer IX A Declaration of the Prince of Orange to the Commanders in Chief of the Dispersed Regiments Troops and Companies to keep them together in Order X. An Address of the Lieutenancy of London to the Pr. of Orange XI An Address of the Lord Mayor Aldermen and Common-Council of London to the Prince of Orange XII A Speech of Sir G. Treby on delivery of the City Address Licensed and Entred according to Order London printed and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row 1688. THE DECLARATION Of His HIGHNESS VVilliam Henry By the Grace of God PRINCE of ORANGE c. Of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland IT is both certain and evident to all Men that the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them and to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact observation and maintenance of these their Laws Liberties and Customs Upon these Grounds it is that we cannot any longer forbear to declare That to our great regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all Things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in an open and undisguised manner Those Evil Counsellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the King 's Dispensing Power by virtue of which they pretend that according to Law he can Suspend and Dispense with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendred those Laws of no effect Though there is nothing more certain than that as no Laws can be made but by the joint concurrence of King and Parliament so likewise Laws so enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority For though the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony Unless it is pretended that he is clothed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them Those Evil Counsellors in order to the giving some credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their Rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who made open profession of the Popish Religion though those are by Law rendred incapable of all such Employments It is also manifest and notorious that as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition though he made then
so well that he doubted not in a little time their Business would be managed to the utter Ruin of the Protestant Party The effecting whereof was so desirable and meritorious that if he had a Sea of Flood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretical Kings he would do it Singleton the Priest affirmed That he would make no more to stab forty Parliament-Men than to eat his Dinner Gerard and Kelley to encourage Prance to kill Sir E. B. G. told him It was no Murther no Sin and that to kill twenty of them was nothing in that case which was both a charitable and meritorious Act. And Grant one of the Massacring Gun-powder Traitors said upon his Execution to one that urged him to repent of that wicked Enterprize That he was so far from counting it a Sin that on the contrary he was confident that that noble Design had so much of Merit in it as would be abundantly enough to make Satisfaction for all the Sins of his whole Life See Everard Digby speaking to the same purpose also the Provincial Garnet did teach the Conspirators the same Catholick Doctrine viz. That the King Nobility Clergy and whole Commonalty of the Realm of England Papists excepted were Hereticks and That all Hereticks were accursed and excommunicated and That no Heretick could be a King but that it was lawful and meritorious to kill him and all other Hereticks within this Realm of England for the advancement and inlargement of the Authority and Jurisdiction of the Pope and for the restoring of the Romish Religion This was that Garnet whom the Papists here honoured as a Pope and kissed his Feeâ— and reverenced his Iudgment as an Oracle and since his Death given him the Honour of Saintship and Martyrdom Dugdale deposed That after they had dispatched the King a Massacre was to follow But surely it may be supposed that the Temper of such a Prince or his Interest would oblige him to forbid or restrain such violent Executions in England Yea but what if his Temper be to comply with such Courses Or his Temper be better Whâ—t if it be over-rul'd What if he be perswaded as other Catholicks are that he must in Conscience proceed thus What if he cannot do otherwise without hazard of his Crown and Life For he is not to hold the Reins of Government alone he will not be allowed to be much more than the Pope's POSTILLION and must look to be dismounted if he act not according to Order The Law tells us That it is not in the Power of any Civil Magistrate to remit the Penalty or abate the Rigour of the Law. Nay if the Prince should plight his Faith by Oath that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects this would signify nothing For they would soon tell him That Contracts made against the Common Law are invalid though conâ—irmed by Oath And That he is not bound to stand to his Promise though he had sworn to it And That Faith is no more to be kept with Hereticks than the Council of Constance would have it So that Protestants are to be burnt as Io. Huss and Ierom of Prague were by that Council though the Emperor had given them his safe Conduâ—t in that Solemn manner which could secure them only as they said from the Civil but not Church-Process which was the greatest For 't is their General Rule That Faith is either not to be given or not kept with Hereticks Therefore saith Simanca That Faith ingaged to Hereticks though confirmed by Oath is in no wise to be performed For saith he if Faith is not to be kept with Tyrants and Pirats and others who kill the Body much less with Hereticks who kill the Souls And that the Oath in favour of them is but Vinculum Iniquitatis A Bond of Iniquity Though Popish Princes the better to promote their Interest and to insnare the Protestant Subjects to get advantage upon them to their Ruin have made large Promises and plighted their Faith to them when they did not intend to keep it As the Emperor to Iohn Huss and Ierom Charles the Ninth of France to his Protestant Subjects before the Massacre the Duke of Savoy to his Protestant Subjects before their designed Ruin and Queen Mary before her burning of them But if there were neither Law nor Conscience to hinder yet in point of Interest he must not shew favour to Hereticks without apparent hazard both of Crown and Life for he forfeits both if he doth The Pope every Year doth not only curse Hereticks but every Favourer of them from which none but himself can absolve Becanus very elegantly tells us If a Prince be a dull Cur and fly not upon Hereticks he is to be beaten out and a keener Dog must be got in his stead Henry the Third and Henry the Fourth were both Assassinated upon this Account because they were suspected to favour Hereticks And are we not told by the Discoverers of the Popish Plot That after they had dispatch'd the King they would depose his Brother also that was to succeed him if he did not answer their Expectations for rooting out the Protestant Religion But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us Not possible if once they secure and settle the Throne for Popery For First They can avoid Parliaments as long as they please and a Government that is more Arbitrary and Violent is more agreeable to their Designs and Principles It being apparent that the English Papists have lost the Spirit of their Ancestors who so well asserted the English Liberties being so generally now fix'd for the Pope's Universal Monarchy sacrificing all to that Roman Moloch being much more his Subjects than the King 's and though Natives by Birth yet are Foreigners as to Government Principle Interest Affection and Design and therefore no Friends to Parliaments as our Experience hath told us But Secondly if their Necessity should require a Parliament there is no question but they may get such a one as will serve their turns For so have every of our former Princes in all the Changes of Religion that have been amongst us As Henry the 8 th when he was both for and against Popery Edward the 6 th when he was wholly Protestant Queen Mary when she was for Burning Alive and Queen Elizabeth when she ran so Counter to her Sister And the Reason is clear that he who has the making of the publick Officers and the Keys of Preferment and Profit influenceth and swayeth Elections and Votes as he pleaseth And by how much the Throne comes to be fix'd in Popery the Protestants must expect to be excluded from both Houses as they have excluded the Papists For as Hereticks and Traitors they as ignominous Persons c. you
one of them is not the other for he may be any one of these who is none of the rest IV. This distinction proceeds from the different Reasons upon which these Relations are founded V. The Reason or Foundation from whence arises the Relation of a Father is from having begotten his Son who may as properly call every old Man he meets his Father as any other Person whatsoever excepting him only who begat him VI. The Relation of an Husband and Wife is founded in Weâ—lock whereby they mutually consent to become one Fleâ—h VII The Relation of a Maâ—ter is founded in that Right and Title which he has to the Possession or Service of his Slave or Servant VIII In these Relations the Names of Father Husband and Master imply Soveraignty and Superiority which varies notwithstanding and is more or less absolute according to the Foundation of these several Relations IX The Superiority of a Father is founded in that Power Priority and Dignity of Nature which a Cause hath over its Effect X. The distance is not so great in Wedlock but the Superiority of the Husband over the Wife is like that of the Right-Hand over the Left in the same Body XI The Superiority of a Master is an absolute Dominion over his Slave a limited and conditionate Command over his Servant XII The Titles of Pater Patriae and Sponsus Regni Father of the Country and Husband of the Realm are Metaphors and improper Speeches For no Prince ever begat a whole Country of Subjects nor can a Kingdom more propâ—rly be said to be married than the City of Venice is to be Adriatick Gulph XIII And to shew further that Magistracy is not Paternal Authority nor Monarchy founded in Fatherhood it is undeniably plain that a Son may be the Natural Soveraign Lord of his own Father as Henry the Second had been of Ieffeâ—y Plantagenet if he had been an English-man which they say Henry the Seventh did not love to think of when his Sons grew up to Years And this Case alone is an eternal Confutation of the Patriarchate XIV Neither is Magistracy a Marital Power for the Husband may be the obedient Subject of his own Wife as Philip was of Queen Maâ—y XV. Nor is it that Dominion which a Master has over his Slave for then a Prince might lawfully sell all hiâ— Subjects like so many Head of Cattel and make Mony of his whole Stock when ever he pleases as a Patron of Algiers does XVI Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant for he does not hire them but as St. Paul saith They pay him Tribute in consideration of his continual Attendance and Imployment for the Publick Good. XVII That Publick Office and Imployment is the Foundation of the Relation of King and Subject as many other Relations are likewise founded upon other Functions and Administrations Such as Guardian and Ward c. XVIII The Office of a King is set down at large in the 17 th Chapter of the Laws of King Edward the Confessor to which the succeeding Kings have been sworn at their Coronation And it is affirmed in the Preambles of the Statutes of Malbridg and of the Statute of Quo Warranto made at Glocester That the calling of Parliaments to make Laws for the better Estate of the Realm and the more full Administration of Justice belongeth to the Office of a King. But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol. 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem à populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King that is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Laws of his Subjects and of their Bodies and Goods whereunto he receiveth Power of his People so that he cannot govern his People by any other Power Corolary A Bargain 's a Bargain CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says that Government is the Ordinance of Man and of Human Extraction And King Charles the First says of this Government in particular That it was moulded by the Wisdom and Experience of the Peoplâ— Answ. to XIX Prop. II. All just Governments are highly beneficial to Mankind and are of God the Author of all Good they are his his Ordinances and Institutions Rom. 13.1 2. III. Plowing and sowing and the whole business of preparing Bread Corn is absâ—luely necessary to the Subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa. 28. from 23 d to 29 th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have Strength by me Kings reign and Princes decree Iustice By me Prinees rule and Nobles even all the Iudges of the Earth Prov. 13.14 V. The Prophet speaking of the Plow-man saith His God doth instruct him to Discretion and doth teach him Isa. 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture that such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already butted and bounded when it forbids removing the Ancient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam 8.11 be a Statute of Prerogative and prove all those Particulars to be the Right of the King then Mishpat Haccohanim the Priests custom of Sacrilegious Rapine Chap. 2.13 proves that to be the Right of the Priests the same word being used in both places XIII It is the Resolution
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
the Number of Ninety or upwards attended his Highness the Prince of Orange at St. Iames's being introduced by the Earl of Devonshire the Lord Wharton and the Lord Wiltshire Their Sense was represented by one of those Ministers to this effect viz. That they professed their grateful Sense of his Highness's Hazardous and Heroical Expectition which the Favour of Heaven had made so surprizingly prosperous c. That they esteemed it a common Felicity that the worthy Patriots of the Nobility and Gentry of this Kingdom had unanimously concâ—rred unto his Highness's Design by whose most prudent Advice the Administration of Publick Affairs was devolved in this difficult Conjuncture into Hands which the Nation and World knew to be Apt for the greatest Undertakings and so suitable to the present Exigency of our Case That they promised the utmost Endeavour which in their Stations they are capable of affording for the promoting the excellent and most desirable Ends for which his Highness had declared That they added their continual fervent Prayers to the Almighty for the Preservation of his Highness's Person and the Success of his future Endeavours for the Defence and Propagation of the Protestant Interest throughout the Christian World. That they should all most willingly have chosen That for the Season of paying this Duty to his Highness when the Lord Bishop and the Clergy of London attended his Highness for the like purpose which some of them did and which his Lordship was pleased condescendingly to make mention of to his Highness had their notice of that intended Application been so early as to make their more general Attendance possible to them at that time That therefore tho they did now appear in a distinct Company they did it not on a distinct Account but on that only which is common to them and to all Protestants That tho there were some of Eminent Note whom Age or present Infirmities hindred from coming with them yet they concurred in the same grateful Sense of our common Deliverance His Highness was pleased very favourably to receive this Application and to assure them That he came purposely for the Defence of the Protestant Religion and that it was his own Religion wherein he was Born and Bred the Religion of his Country and of his Ancestors That he was resolv'd by the Grace of God always to adhere to it and to do his utmost Endeavours for the Defence of it and the promoting a firm Vnion among all Protestants The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7 th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury VVhere the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your Great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Presenâ— and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which Great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did amongst the first Associate our selves to assist and promote your Highness's most Glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your Gracious Intentions That by the Advice of the Estates of this Kingdom you will Rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Sovereign and Subject happy To which his Highness returned a most Gracious Answer A Word to the Wise for Settling the Government IT is an Universal Truth That no Nation can subsist without some Government and the Wisdom of this Nation hath framed their Government to consist in a King the Lords and the Commons In these three Conjunct wholly resides the Power of making and altering Laws for the Common Good of the whole and iâ— called the Legislative Power The King alone is entrusted with the due Execution of these Laws for the Preservation Protection and Comfort of the People both in Church and State and this Trust and Power is called the Râ—gal Power If then this Nation being Protestant and under Protestant Laws have a King who shall declare hâ—mself a Zealous Roman Catholick and put himself under the Power and Conduct of the Papal Jurisdiction admitting the Pope's Supremacy Nuntio Bishops Appeals c. And to his power endeavour to Establish the Popish Religion in the Realm Quest I. Whether such a King hath not thereby made himself Incompetent and uncapable to Govern a Protestant Church and a Protestant People by their Protestant Laws and notoriously Abdicated or Renounced the Government II. If a King entrusted with the Regal Power ut supra shall Subvert the Fundamental Laws Dispense with Statutes Destroy Colleges and Corporations Erect High and Illegal Courts Invade the Peoples Freeholds and Free Elections to Parliament put the Ports and Power of the Nation into Enemies hands Protect and Promote Traytors and turn the Protective Power of the Nation to the Ruine and Destruction of the People their Laws and Religion Whether by so doing such a King doth not in Fact declare That he will not Rule the Kingdom by its Laws and Constitutions but by his own Absolute Will and Pleasure III. If a King so entrusted with the Regal Power ut supra shall and do voluntarily depart the Realm with the Signals of Government without any provision for the Publick Administration and so deserting both the People Place and Power Whether such a King hath not Divested himself of that Trust and Regal Power IV. If so and the Lawyers Rule be true Quod non est haeres Viventis Then whether this Regal Power be Descended so long as the King is Living V. If the Regal Power be Fallen and yet not Descended whether of necessity it must not fall to its Center or Root from whence it Sprang which is the whole Nation now consisting in Lords and Commons as
and Setled in the Kingdom by the General Election of the People and in his Life-time the Nation was Sworn to the Succession of Edward the First before he went to the Holy Land. Edward the First being out of England by the Consent of Lords and Commons was declared King. Edward the Second being misled and relying too much upon his Favourites was Deposed and his Son was declared King in his Life-time Richard the Second for his evil Government had the Fate of the Second Edward Henry the Fourth came in by Election of the People to whom Succeeded Henry the Fifth and Henry the Sixth in whose time Richard Duke of York claimed the Crown and an Act of Parliament was made that Henry the Sixth should enjoy the Crown for his Life and the said Duke after him after which King Henry raises an Army by Assistance of the Queen and Prince and at Wakefield in Battel kills the Duke for which 1 Ed. 4. they were all by Act of Parliament Attainted of Treason and one principal Reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had killed him Edward the Fourth enters the Stage and leaves Ed. 5. to Succeed to whom Succeeds Richard the Third Confirmed King by Act of Parliament upon Two Reasons First That by reason of a Precontract of Edward the Fourth Edward the Fifth his Eldest Son and all his other Children were Bastards Secondly For that the Son of the Duke of Clarence second Brother to Edward the Fourth had no Right because the Duke was Attainted of Treason by a Parliament of Ed. the 4 th Henry the Seventh comes in but had no Title First Because Edward the Fourth's Daughter was then living Secondly His own Mother the Countess of Richmond was then living After him Henry the Eighth wore the Crown who could have no Title by the Father in his time the Succession of the Crown was Limitted several times and the whole Nation Sworn to the Observance Sir Thomas Moor declared That the Parliament had a Power to bind the Succession which was declared to be Law by 13 Eliz. cap. 1. and made a Praemunire to hold the contrary Edward the Sixth succeeded but his Mother was married to King Henry while Ann of Cleve his Wife was living Queen Mary was declared a Bastard and by Vertue of an Act of Parliament of Henry the Eighth she Succeeded which Act being Repealed in the First of her Reign and the Crown being Limitted otherwise by Parliament all the Limitations of the Crown in King Henry the Eighth's Reign were avoided so that Queen Elizabeth who was declared a Bastard by Act of Parliament in Henry the Eighth's time and limitted to Succeed in another Act in his time and that Act repealed by Queen Mary became Queen in the force of her own Act of Parliament which declares her Lawful Queen The Crown was Entail'd in Richard the Second's time again in the time of Henry the Fourth again in the time of Henry the Sixth again in the time of Edward the Fourth again in the time of Richard the Third again in the time of Henry the Seventh Thrice in the time of Henry the Eighth And upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be Begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries the Articles of Marriage to this purpose were Confirmed by Act of Parliament and the Pope's Bull. So that it was agreed by the States of both Kingdoms and the Low-Countries and therefore probably the Universal Opinion of the Great Men of that Age That Kings and Sovereign Princes with the Consent of their States had a Power to Alter and Bind the Succession of the Crown and never denied to be Law till the Reign of King Charles the Second True it is that this Doctrine doth not go down well with those that do pretend to Prerogative added as they say by the Act of Recognition made to King Iames and the Oaths of Supremacy and Allegiance which do make so much talk conceâ—ning Inheritance and Heirs But let these Gentlemen consider that the Act of Recognition made no Law for the future nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the Course of the common-Common-Law for after-Ages Nor do the Oaths of Allegiance and Supremacy hold forth any such Obligation unto Heiâ—s otherwise than as supposing them to be Successors and in that Relation only And therefore was no such Allegiance due to Edward the Sixth Queen Mary or Queen Elizabeth until they were actually possest of the Crown as may appear by the Oath forced by the Statute of H. 8. touching their Succession Nor did the Law suppose any Treason could be acted against the Heirs of Ed. 6. Queen Mary or Queen Eliz. until these Heirs were actually possest of the Crown and so were Kings and Queens as by the express words in the several Statutes do appear Nor did the Recognition by the Parliament made to Queen Elizabeth declare any engagement to the People to assist and defend Her and the Heirs of Her Body otherwise than with this Limitation being Kings and Queens of this Realm as by the Statute in that behalf made doth appear Moreover had these Oaths been otherwise understood the Crown had by virtue of them been preingaged so as it could never have Descended to Queen Mary Queen Elizabeth or King Iames but must have remained to the Heirs of Edward the Sixth for ever A Narrative of the Miseries of New-England by reason of an Arbitrary Government Erected there THat a Colony so considerable as New-England is should be discouraged is not for the Honour and Interest of the English Nation in as much as the People there are generally Sober Industrious Well-Disciplin'd and apt for Martial Affairs so that he that is Sovereign of New-England may by means thereof when he pleaseth be Emperor of America Nevertheless the whole English Interest in that Territory has been of late in apparent danger of being lost and ruined and the Miseries of that People by an Arbitrary Government erected amongst them have been beyond Expression great The original of all which has been the Quo Warranto's issued out against their Charâ—ers by means whereof they have been deprived of their ancient Rights and Priviledges As for the Massachusets Colony whose Patent beareth date from the Year 1628. There was in the Year 1683 a Quo Warranto and after that in the Year 1684 a Writ of Scire Facias against them and they were required to make their appearance at Westminster in October which they knew nothing of till the month before so that it was impossible for them to answer at the time appointed yet Judgment was entred against them Plimouth Colony
since obtained as such Hence I infer that the present Convention may if they please assume to themselves a Parliamentary Power and in Conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament A LETTER to a Member of the CONVENTION SIR I Hear you are elected a Member of this next Convention and therefore expect to see you very suddenly in Town but I caâ— tell you my mind more freely in Writing and you may think better of it when you see it before you and therefore I have rather chose to give you the trouble of this Paper than to leave all to a personal Conference at our next Meeting I will not dispuâ—e with you about what is past or what is to come it is too late to do the first and as for the second whatever becomes of other Arguments Interest is most apt to prevail and therefore all that I beg of you is to take care that you do not mistake your own and the Nations Interest in a matter of such high Concernment There is no less Affair before you than the Fate of Princes and of three Kingdoms which requires the most calm mature and deliberate Advice and yet when you come to London you will find such Distractions and Divisions in Mens Counsels that all the threatning Dangers of Popery were not a more formidable prospect to Considering Men all old Animosities are revived and new ones fomented every day some are visibly acted by Ambition others by Revenge the Dissenter is very busie to undermine the Church and the Commonwealths Man to subvert Monarchy and the Lord have Mercy upon us all I doubt not but you will readily confess that it is the common Interest to have things settled upon such a bottom as is most like to last and then I am sure you must consult both Law and Conscience in the matter and keep to your old Establishment as near as you can for when there are so many Distempers in Mens Minds and such contrary Interests it is no time to innovate it is no time to lay new Foundations when there are frequent Earthquakes which will not give them time to settle The Revolutions of State have been so quick and sudden of late that all prudent Men will be cautions how they try Experiments which are commonly dangerous and uncertain but especially in matters of Government which depend on the good liking of free and moral Agents and when so many Hundred Thousands are to be satisfied you can never guess at the prevailing Opinion by the major Vote of a Convention Let us then consider what is most likely to give the most general satisfaction to the Nation for that I am sure is most likely to be lasting and because you may be a Stranger to these Matters yet I will give you an Account of the different Projects now on foot as well as I can learn them Some are for sending to the King and Treating with him to return to his Government under such Legal Restraints as shall give security to the most jealous Persons for the preservation of their Liberties Laws and Religion and if he will not consent to this to make the next Heir Regent Others are for declaring the Crown forfeited or demised and proclaiming the Princess of Orange Others will have the Government dissolved and begin all de novo and make the Prince of Orange King or Crown him and the Princess together and postpone the Title of the Princess Ann till after the Prince's Death if he survive the Princess I shall not pretend to tell you which of these I should prefer were it Res integra for the Question is not which you and I should like best but which will be the firmest Foundation for the Peace and Settlement of these Kingdoms 1. As for the first though it be horribly decried and such Men foolishly exposed as Friends to Popery and Arbitrary Power yet I could never meet with any Man yet who had the face to reject all Treaty with the King upon any other pretence but that it was in vain that it is impossible he should give any Security to the Nation that he would Govern by Law which is so ridiculous a pretence that it will satisfy no Body but those who are resolved that he shall never return For as little as I am versed in this matter I could frame such Laws as should put it utterly out of the King's Power to invade our Liberties or Religion However I am sure we should have thought our selves very secure would the King have called a Free Parliament and given them liberty to have made what Laws they pleaseâ— and that which would have given such general satisfaction before had it been granted I suspect should it be now granted and refused that would give as general dissatisfaction nay the very refusal to Treat will be thought such a scandalous neglect of our Duty to a Sovereign Prince and give such Jealousies to People that those who oppose it are only afraid that the King should comply as will be the foundation of universal Discontents which will shew themselves upon the first occasion It is certain would the Convention Treat with the King either they would agree or they would not agree if they could not agree upon the proposal of reasonable Securities this would satisfie Multitudes of People that they had tried if they did agree this would give universal satisfaction and there were an happy end of all our Troubles But now let us suppose that part of the Convention should prevail which is against Treating with the King and for deposing or setting him aside without more ado let us consider what is like to be the most probable Consequence of this Iâ— is certain this fundamental Change in the Government cannot be made by any Legal Authority for the Convention will not pretend to any such Legal Power and there can be no Parliament without a King and a King whose whole Authority depends upon a Convention that has no such Authority is but in a weak state as to Civil Right No Man will think himself bound in Conscience to obey him and when every Mans Conscience is free let such a Prince beware of Epidemical Discontents And let you and I calmly consider what Discontents may probably arise upon such a Juncture 1. First then All those who think themselves bound by their Oath of Allegiance to defend the King's Person Crown and Dignity who wonder at Men of Law who talk of a Forfeiture or Demise of the Crown while the King lives and flies out of his Kingdoms only for the safety of his Person and because he will not trust himself in the power of his Enemies I say all such Persons will be greatly discontented at Deposing the King and will never own any other King while their own King to whom they have sworn Allegiance lives and tho you should suppose such Conscientious Men to be very few
by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supream Power Real has a Right to Renew or bring back And the most ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a Series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so model'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King. There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husband's Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which witâ—out Flattery is agreed on by all Men. 3. It asserts the above-said Power in the Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Iews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the Hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Iephthah Samson and others were invested by Heaven with the Supreme Authority And though Ioshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Iordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any Influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood It looks like so many Marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these of your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertte as Rashness is a Vice. For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour
of the Law of Nature did not press us at this time to come to some speedy and pertinent Determinations as to the business especially of settling the Government that Nicety which seems to be promoted and set afoot in all our Counsels might considering the Weightiness of the business in hand rather claim the just Commendation and Applauses of every good Man than as it seems now fall under their Censure and I may say Indignation If the matter debated were extraneous and the Kingdom within it self peaceably and firmly settled if the Circumstances of our Affairs were ordinary and usual and could admit of an unlimited time for their Decision if we were secure from injurious Resolutions of our Enemies abroad or from the private Machinations of disaffected Persons at home If these â—hings were so it were worthy the Wisdom of those who by their unseasonable Scruples so generally resolv'd against and now again by them started may seem either ignorant of the desperate languishing condition of these Kingdoms at present or prejudic'd and dis-affected to the Eâ—ace and Settlement of them for the future I say it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair before they made any Determination of the General As we all acknowledg the extraordinary Circumstances of this Juncture so they themselves have not been a little contributing to this happy Revolution The Prince's first Declaration tells us he had the Invitation of the Lords Spiritual and Temporal Was it Justice and agreeable to Conscience then to call for Foreign Arms to assist us against our own King in the recovery of those Rights Liberties and Properties which contrary to Law he had invaded and taken from us And is it now become a Scruple in those same Consciences to be confirm'd in those Rights c. by the same Arms and Power Is that pretended absolute unlimited Power which in their Prayers and Sermons they have so often nibbled at and endavoured to retrench now in its just Debasement become so Inviolable and Sacred that it must become a Point of Faith entirely to submit to it Has this small fit of Fear and Discouragement in our implacable Enemies so well secur'd us from any future Enchroachments that we need not be careful of any further Assurance Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd and the rest justly fear'd as to free them from all Apprehensions for the future What is it these Gentlemen would be at what do they fear Is it without Reason without Justice without Precedent that we desire to be everlastingly secur'd from Popery Slavery Not without Reason for when we have seen many of our fairest Branches lopp'd off many of our Liberties invaded many of our Laws perverted and the Axe at last laid to the Root of our Government 't is high time then I say to provide for our our Safety and to put a stop to that Current which would have quickly over-run and drowned us Not without Justice for where my Life and Property is hunted after and assaulted I may by the Law of God and Man â—epel the Injury and stand in my own Vindication Not without Precedent even in Protestant Kingdoms not to mention the Romanists who both teach and practise the Deposing of evil and wicked Magistrates and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent it may easily be prov'd that which hath been done of late in this Nation hath been in great part formerly presented and allowed of upon Foreign Stages yea and not many Years out of the Memory of some yet living if we would but look into the Actions of other Regions and those too wherein the Reform'd Religion is professed we shall find that they by their publick Records acknowledged that in case of Tyranny and Oppression it was lawful not only to defend their Lives and Liberties against all Assaults but reduce and declare the Persons so offending incapable of holding the Government A lively Example of this and almost exactly parallel with ours was the Case of Sigismond the Third Hereditary King of Sweden who by a Convention of the States of that Kingdom was Excluded even with his Heirs a Severity which both the Honourable Houses of Parliament here have with great Justice and Wisdom declined from that Crown for ever Some of the Articles drawn up against him were these First For swerving from their received Christian Religion as also from his Oath and Promise and Solemn Engagement made to his People at his Coronation to preserve their Rights and Priviledges as also their Holy Reform'd Religion Inviolated For departing the Country without the Consent and unwilling to the States and Orders of the Realm For exporting several Acts of great Concernment out of the Cancellarie For prosecuting such as would not embrace or favour the Romish Superstition For contemning and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm and the Establishment of the Protestant Reformed Religion For raising up what Enemies he could against his Native Country thereby to involve his Subjects in a Deluge of Blood which he intended and had almost effected For inhumanely designing and suborning Russians and Villains to Murder and Assassinate one of the chief Nobles for no other Reason but that out of Conscience and Duty he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these and many more Causes as the sending his Son out of the Land without the Consent of the States and causing him to be brought up and educated in the Romish Superstition did the Swedes submitting the same to the Judgment of all sincere and candid Arbitratours justify their Abdication for ever of King Sigismond the Third and his Heirs from the Crown of Sweden c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia vid. Spanheim 's Hist. of Sweden c. And in conclusion they pray for and doubt not of a candid Construction a benign and favourable Acceptation from all Christian Emperors Kings Princes States c. of this their Legitimate Defence and to vindicate them and their most equal Cause from all Calumny or eâ—il Interpretation whatsoever The Circumstances relating to this present Juncture in England bear so near a resemblance almost in all these Grievances objected against the said Sigismond that our late King by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to have breath'd his Soul rather than to have copy'd after him though indeed in some Cases he has plainly out-done the Original especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden I cannot apprehend how it can lessen our Judgments or Integrity our Piety or our Loyalty to follow the Example of the Swedes excepting
of the Constitution The Constitution and Laws thereof being agreed upon and it being impossible for Humane Prudence to foresee all Accidents which must be provided for therefore as they arise the Administration necessarily must lie in these two Things The making farther Laws subordinate still to those fore-priz'd as occasion requires and seeing them executed that is in Legislation and Judgment The One is the Business of the Supreme Authority the Other of the Inferior Magistrates or Officers and Executioners of the same according to that Fundamental Agreement made by the People Our Government now as constituted in order to this Administration is we know a mixt Government A Government is known to be pure or mixt by the placing the Supreme Authority If the People place it singly in the King or singly in the Nobles or singly in the People then it is a pure Monarchy Aristocracy or Democracy But when it is placed in all Three it is a mixt Government as Ours is where there are no Laws in the Administration made but by King Lords and Commons These Things I pursue only so far as is necessary to the reaching my main Purpose and the leading me to a right discernment of the present Condition into which we are now brought in regard to this said Government The Supreme Power of the Nation being placed in a Parliament which is a Corporation of King Lords and Commons that is the Supreme Authority residing in King Lords and Commons as One Corporation there does appear at this Conjuncture a Dissolution of the Government A Dissolution manifestly as to the Exercise of it This Appearance does arise from the opening of the last Scene For the King being now gone gone from his People and departing from his Government that One Corporation we speak of is broke so that there remains now no subject for that supreme Authority It being evident that a Parliament wherein an Essential point of our Constitution does consist cannot now be Assembled And the Providence of God it self hath extraordinarily determin'd our Case If a King dies he hath a Successor and the Right devolves upon Him but whilst the King lives he hath no Successor and the Right remaining in Him and no Other and he being divided from his Lords and Commons the Subject of the Supreme Power or this One Corporation whereof the King is a Chief Essential and Constituent Part does perfectly cease and must necessarily cause a Dissolution I choose not to found this upon what does more convince Others which comes to this Account The King by his frequent Malversation in the Government and rooted Design of subverting our Religious and Civil Rights for the Introduction of Arbitrary Power and Popery which being aggravated by such an Endeavour as the destroying that Share in the Government which every Commoner hath that hath Right to choose his Representative in Parliament by his Garbling Corporations and so evacuating this Liberty in effect and by such an endeavour also as the exterminating his Protestant Subjects seeing that Religion which he would have introduced is such as by the Principles of it if it comes into Domination must do so to all Hereticks and thereupon may he be look'd on no longer as Rex but Hostis and Hostis Publicus Besides the subjecting us to a Foreign Jurisdiction and the very changing the Government by that indefinite Dispensing Power over the Laws as was carved to him by his Judges from Regal to Despotical It is judged by them that he is fallen thereupon from his Royal Dignity and that the Universality thereby have Warrant not only to defend themselves against him but by Vertue of that Sanction which is tacitly implyed in the Laws of the Constitution to proceed on to take the Forfeiture He hath made of his Government and Depose Him For it is a fond thing think they to imagine any Laws without a Sanction and impossible there should be any other Sanction in Treaties between Free Nations or between a Free People and the Governour they set over Themselves than Force to be used by the Parties concern'd there being no Third Party on Earth to appeal to in such Cases However this be it being taken for granted That the Government is dissolved and I suppose upon that preceding Account of the One Corporation I say being broke the Supreme Authority that lay before in the Three as united in One does escheat or fall to the Community who must therefore choose a new Subject for that Power and it lies at their Discretion to place it in what Subject they please They may lodg it in the Lords and Commons alone without a King if they think that Government best the matter lies altogether upon their Agreement and Consent I suppose it most likely that they will agree to place it again in a Monarch Lords and Commons the Person only left at Choice and Care had to prevent all Danger of Law in the Case according to the Ancient Constitution Though what Man can know the Mind of a Nation when once come together if he knows his own Mind There is one thing we have now Opportunity to obtain which we can never recover again if it be lost and that is what His Highness the Prince of Orange hath made one of his two Designs The Delivery of the People from Slavery which can never be done effectually and radically but upon this Advantage The delivering us from Popery is contained in the setling our Religion and that being a Work of great length is the business more properly of a Parliament but this is a thing must be done by the Community and consequently by thofe that are the Representatives of it a Convention so called in regard to a higher Capacity hereunto and not a Parliament for that represents the People not as in a Community but as in a Common-wealth where there is pars imperans as well as subdita which now is not A Parliament makes Laws for the Administration but the People as in a Community make Laws for the Constitution I would therefore humbly offer it to the Consideration of those who shall meet as Members of this Convention That in order to the Effect premised they do but agree and pitch upon this one certain Point of good Policy that where they place the Supream Authority they lay also the Rights or Properties of it that is the Iura Majestatis Majestas being Maxima Potestas all together The Rights of Majesty or the Supream Power are mainly these The first is Legislation or making Laws and this undoubtedly lies in a Parliament The next is the Power of raising Arms or Armies or the Militia the Power of making Peace and War or the Power of the Sword which is necessary to maintain those Laws The third is a Power over our Estates or the Purse or raising Mony which must maintain the Sword. A fourth is the Power of choosing Magistrates to rule Us according to these Laws such as Judges and Sheriffs
Conscience sake If his Majesty now of Great Britain out of some deep Sense that he being a Roman Catholick cannot rule and be true to his Religion which he may suppose does oblige him to an Establishment thereof by all the ways and means of his Church though never so destructive to ours but it will be to the Hurt not Good of us who are Protestants hath been pleased to withdraw himself from his Government to make us more quiet and happy We are in all Gratitude to acknowledg his Piety Goodness and Condescention to be so much as very few of his Subjects could ever have suspected But if it be out of another Mind he hath done it We have still more Reason to bless Almighty God who does often serve his Providence by Mens Improvidence and cutting off Mens Ends from their Means he uses their Means to his own Ends when he is pleased to work Deliverance for a People as he hath at this Season so graciously and wonderfully done for Us that there is nothing more needful even to the most scrupulous Conscience than an humble and awful Acquiescence in the Divine Counsel to give Satisfaction in this Matter King IAMES the First his Opinion of a KING of a TYRANT and of the English Laws Rights and Priviledges In two Speeches The First to the Parliament 1603 the Second 1609. In his Speech to the Parliament 1603 he expresseth himself thus I Do acknowledg that the special and greatest Point of difference that is betwixt a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites The Righteous and Iust King doth by the contrary acknowledg himself to be Ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal worldly Felicity must consist in their Prosperity If you be Rich I cannot be Poor if you be Happy I cannot but be Fortunate And I protest your Welfare shall ever be my greatest Care and Contentment And that I am a Servant it is most true that as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body then as the Head is ordained for the Body aâ—d not the Body for the Head so must a Righteous King know himself to be ordained for his People and not his People for Him. Wherefore I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-Wealth and ever think the Prosperity thereof to be my greatest Felilicity c. In his Speech to the Parliament March 21. 1609 he expresseth himself thus IN these our Times we are to distinguish betwixt the State of Kings in the first Original and between the State of settled Kings and Monarchs that do at this Time Govern in Civil Kingdoms For even as God during the Time of the Old Testament spake by Oracles and wrought by Miracles yet how soon it pleased him to settle a Church which was Bought and Redeemed by the Blood of his only Son Christ then was there a Cessation of both He ever after governing his Church and People within the Limits of his revealed Will. So in the first Original of Kings whereof some had their beginning by Conquest and some by Election of the People their Wills at that Time served for a Law yet how soon Kingdoms began to be settled in Civility and Policy then did Kings set down their Minds by Laws which are properly made by the King only but at the Rogation of the People the King 's Grant being obtained thereunto and so the King came to be Lex loquens a speaking Law after a sort binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom Tacitly as by being a King and so bound to protect as well the People as the Laws of his Kingdom and expresly by his Oath at his Coronation So as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto according to that Paction which God made with Noah after the Deluge Hereafter Seed-time and Harvest Summer and Winter Cold and Heat Day and Night shall not cease so long as the Earth remains And â—herefore a King Governing in a settled Kingdom leaves to be a King and degenerâ—tes into a Tyrant as soon as he leaves off to rule according to his Laws In which Case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon Either Govern according to your Law aut ne Rex â—is or cease to be King and tho no Christian Man ought to allow any Rebellion of People against their Prince yet doth God never leave Kings unpunished when they transgress these Limits For in that same Psalm where God saith to Kings Vos Dii estis Ye are Gods He immediately thereafter conclude But ye shall die like Men The higher we are placed the greater shall our Fall be Vt casus sic dolor as the Fall so the Griâ—f the taller the Trees be the more in danger of the Wind and the Tempest beats sorest upon the highest Mountains Therefore all Kings that are no Tyrants or Perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers and Pests both against them and the Common-Wealth For it is a great difference betwixt a King's Government in a settled Estate and what Kings in their Original Power might do in Individio vago As for my part I thank God I have ever given good proof that I never had Intention to the contrary And I am sure to go to my Grave with that Reputation and Comfort That never King was in all his Time more careful to have his Laws duly observed and himself to govern thereafter than I. That Just Kings will ever be willing to declare what they will do if they will not incur the Curse of God. I will not be content that my Power be disputed upon but I shall ever be willing to make the Reason appear of all my Doings and rule my Actions according to the Laws And afterwards speaking of the Common Law of England which some conceived he contemned saith to this purpose That as a King he had least cause of any Man to dislike the Common Law for no Law can be more favourable or advantageous for a King and extendeth further his Prerogative than it doth and for a King of England to despise the Common Law is to neglect his own Crown It is true that no Kingdom in the World but every one of them hath their own Municipal Laws agreeable to their Customs as this Kingdom hath the Common Law. Nay I am so far from disallowing the Common
therefore to deal ingenuously with you I confess at the beginning of this Revolution I was under a very great Surprize I who have been in Arms for His Majesty a warm stickler for the Church of England puffed up with all the Bravado's and Excesses of an Oxford Loyalty must needs be Alarmed to hear our Nobility and Gentry beating up for the Prince of Orange even in the Bowels of our Country But when I came more seriously to reflect upon the Foundations of our Government as well as those antecedent Obligations which God Almighty has reserved as his own inviolable Prerogative I began to regulate my Zeal by calmer measures And making a more impartial and strict Inquiry into the Opinions of Learned Men concerning the Regal Power I found this most generally agreed upon viz. That the Obedience and Disobedience of Subjects must be measured by the peculiar Constitutions of every Kingdom without respect either to the Jewish Polity where things were determined by God Almighty's special Command or the Behaviour of the Primitive Christians who had few or no Legal Rights to Assert Diss. Ay but you Churchmen flattered the Court so long till our Constitutions were all swallowed up in the Abyss of Prerogative Ch. I must confess while Kings are a Protection to Liberty Property and Religion the World is naturally prone to flatter them neither would it be good Breeding to make too nice Inquiries into the Limits of a Prince while he does not exceed them but when Distress comes impetuously upon a Nation when Life and All that is Sacred to us lies at Stake then the Inquiry is not only just but necessary Diss. What Conditions therefore will you Churchmen at length confine your Prince too Ch. Why I shall present you with a short but impartial view of the Constitutions of this Kingdom as I find them most faithfully and ingenuously represented by the Royal Martyr in his Answer to the Nineteen Propositions in these Words viz. There being Three kinds of Government among Men Absolute Monarchy Aristoâ—racy and Demoâ—racy and all these having their particular Conveniences and Inconveniences the Experience and Wisdom of our Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom the Conveniences of all Three without the Inconveniences of any one as long as the Balance hangs even between the Three Estates and they run jointly on in their proper Chanel c. In this Kingdom the Laws are jointly made by a King House of Peers and House of Commons chosen by the People all having free Votes and particular Priviledges c. And in this Kind of Regulated Monarchy that the Prince may not make not use of his Power to the Hurt of those for whose Good he hath it and make use of the Name of Publick Necessity for the Gain of his private Favorites and Followers to the detriment of his People the House of Commons an excellent Conserver of Liberty is solely entrusted with the Levying of Monys and the Impeaching of those who for their own Ends though countenanced by any surreptitiously gotten Command of the King have violated that Law which he is bound to protect c. Since therefore the Power Legally placed in both Houses is more than sufficient to Prevent and Restrain the Power of Tyranny c. Our Answer is Nolumus Leges Angliae mutari So far this Royal Author And indeed what could a generous Prince acknowledg or a Priviledg-asserting Subject desire more Therefore upon the whole it appears by the Confession of the best of Men as well as the wisest of Princes that we are under a Government so well appointed for Society and the Exigencies of Humane Kind that nothing but Folly can think of Establishing a better and nothing but a Jesuit disturb it The Scriptures themselves seem to have meant it when they tell us that Caesar's Prerogative must never come in Competition with that of God Almighty and that Governors shall be a Terror to evil Works Here King and People have each their Territories and all the Provision imaginable made against those Distractions which either Interest or Passion should attempt From all which what can be more naturally inferred but that we in this Kingdom are by no means obliged to resign up our selves to Violence and Oppression but that Passive Obedience has its Limits and the Oath of Allegiance its Restrictions A regulated and conditionated Monarch can expect no Obedience from me but what is Conditional too and what an Absurdity does it seem that by a Legal Oath I should swear an absolute Obedience to that Authority which is not Absolute Besides those Subsidies which were granted by the Clergy in several of Queen Elizabeth's Parliaments for the Relief of the French Dutch and Scotch Protestants against their Oppressors plainly shew that it was all along the Opinion of the Church to Resist in case Rights and Religion were Invaded Neither am I perswaded that the learned and unbyass'd Clergy of our present Church ever meant any other Obedience than an active Conformity to the Intent of the Law or a Passive Submiâ—sion to the Penalties of it Therefore â—hough upon the Foundations of our Government an impatient Spirit might with a great shew of Reason establish a very extensive Latitude in asserting the Subjects Right yet in Favour of Monarchy which I Reverence and with Respect to the Present Conjuncture I shall only now trouble you with these four Propositions supposing a mixt Government 1. That Suspicions and Jealousies of a Prince's sinister Designs are no sufficient Grounds for Subjects violently to assert their Rights but in this Case the Event of things muâ—t be left to Providence 2. That though one Man or a greater number of Men receive manifest Injuries by the Abuses of Government yet while they are but an inconsiderable part of the Community they are in Duty bound rather to submit to Oppression than interrupt the common Peace But 3. When Dangers become demonstrable when Religion it self and the very Foundations of Government are so undermined by the Insinuations of an inconsiderable party who have obtained the Ear of their Prince that its unavoidable Ruine must necessarily follow In this Case I cannot see any Reason why Right may not be asâ—erted But 4. When a Foreign Prince with a considerable Army Invades a Nation upon pretence of putting a stop to such violent Proceedings besides perhaps some just Causes of a War I say in this Case That the whole Nation may and ought to rise and put themselves in such a Posture that they may be able to return him Thanks acording to the Merits of his Favours without being jealous of his Greatness And indeed our present Case is so circumstantiated that I Question whether it may be paralle'd in History and let any Man tell me where the Subjects of a Limited Monarchy tired out with the Abuses of Government did by sighting for their King encourage Oppression by the Blood of Thousands
Kings concernment for the unheard of Suffering of the E. of F. I do not wonder at it having ever had so little Affection or rather so great an Antipathy to his English Subjects This will be sufficient to open the Eyes of all our Subjects and let them plainly see what every one of them may expect and what Treatment they shall find from him if at any time it may serve his Purpose from whose Hands a Soveraign Prince an Vncle and a Father could meet with no better Entertainment All wise and good Protestants are so certain of happy times under the Government of this most excellent and incomporable Prince that they have nothing left to fear or desire but that God would preserve him from the Hellish Fury of the Papists And as to all these Relations of a Soveraign Prince an Uncle and a Father The King would have done well to have acquitted himself to the Prince as became all these Relations However the Sense of these Indignities c. And as if we had been capable if supposing a Prince of Wales I believe and know that the Conscience of a Popish Prince wholly under the Conduct of the Jesuits will find no Difficulty in consenting to so pious a Fraud provided it can be carryed on with all prudent Cautions For as on the one hand no change of Fortune shall ever make us forget our selves so far as to condescend to any thing unbecoming that High and Royal Station in which God Almighty by right of Succession has placed us So on the other hand neither the Provocation or Ingratitude of our own Subjects nor any other Considerâ—tion whatsoever shall ever prevail with us to make the least step contrary to the true Interest of the English Nation His Majesty's sincere Friend the French King with whom he now enjoys a nearer Converse will also concur with him in this good Design of promoting the true Interest of England And as to his Majesty's Inclinations to Mercy and passing by Provocations we need mention no other Instances but those in the West where the Cruelties exercised on those unfortunate People cannot be parallel'd in any History of Barbarians Our Will and Pleasure therefore is that you of our Privy Council take the most effectual care to make these our gracious Intentions known to the Lords Spiritual and Temporal and to all our Subjects in general and to assure them that we desire nothing more than to return and hold a Free Parliament wherein we may have the best Opportunity of undeceiving our People and shewing the Sincerity of those Protections of preserving especially the Church of England as by Law established A Man wou'd wonder any Prince that overlooks what his Secretary writes should suffer such apparent and palpable Untruths to pass For it is not manifest to all the World That the late King through the Jesuits Counsel did all that was possible to weaken and overturn especially the Church of England as well by open Declarations and Practices as by more secret Ways and Contrivances inciting one part of his Protestant Subjects to destroy the other and then immediately after exposing them for it and encouraging and inspiring these later with a Spirit of Revenge and Retaliation And thus having briefly ran over whatever seems material in this Letter I shall desist from Repetitions and insisting on mere words of Course and Matters of form seeing this would be to tire to Reader 's Patience and a lesning of his Judgment Reasons for Crowning the Prince and Princess of Orange King and Queen jointly and for placing the Executive Power in the Prince alone WHereas the Grand Convention of the Estates of England have asserted the Peoples Right by declaring That the late King James the Second having endeavoâ—red to Subvert the Constitution of the Kingdom by breaking the Original Contract between King and People And by Advice of Iesuits and other wicked Persons having Violatâ—d the Fundamental Laws And having withdrawn himself out of this Kingdom has Abdicated the Government and that the Throne is thereby Vacaâ—t For which Misgovernment He has forfeited the Trust of the Regal Inheritance of the Executive Power both in Himself and in His Heirs Lineal and Collateral so that the same is devolved back to the People who have also the Legislative Authority and consequently may of Right Give and Dispose thereof by their Representatives for their future Peace Benefit Security and Government according to their good Will and Pleasure And forasmuch as it is absolutely Necessary that the Government be speedily setled on sure and lasting Foundations and consequently that such Person or Persons be immediately placed in the Throne in whom the Nation has most reason to repose an entire Confidence It therefore now lies upon Us to make so Judicious a Choice that we may in all Humane Probability thereby render Ourselves a Happy People and give Our Posterity cause to Rejoice when they shall read the Proceedings of this Wise and Grand Convention Who is it therefore that has so highly Merited the Love and good Opinion of the People the Honour of Wearing the Crown and Swaying the Scepter of this Land as His Illustrious Highness the Prince of Orange who with so great Expence Hazard Conduct Courage and Generosity has happily Rescued Us from Popery and Slavery and with so much Gallantry Restored Us to Our Ancient Rights Religion Laws Liberties and Properties for which Heroick Action we can do no less in Prudence Honour and Gratitude than Pray Him to Accept Our Crown II. It is better to settle the Exercise of the Government in One who is not immediate in the Line than in One that is 1. Because it is a clear Asserting of a Fundamental Right that manifests the Constitution of the English Government and covers the Subjects from Tyranny and Slavery 2. It cuts off the Dispute of the pretended Prince of Wales 3. The old Succession being legally Dissolved and a new one made the Government is secured from falling into the Hands of a Papist III. The making the Prince and Princess of Orange King and Queen jointly is the Nation 's Gratitude and Generosity and by re-continuing the Line in Remainder is manifested the inestimable Value the People have for the two Princesses notwithstanding the Male-administration of the Unhappy Father IV. The present State of Europe in General and of these Kingdoms in Particular require a Vigorous and Masculine Administration To recover what 's lost rescue what 's in danger and rectify what 's amiss cannot be effected but by a Prince that is consummate in the Art both of Peace and War. Tho the Prince and Princess be King and Queen jointly and will equally share the Glory of a Crown and we the Happiness of their Auspicious Regin yet the Wisdom of the Grand Convention is manifested First In placing the Executive Power in One of them and not in Both for two Persons equal in Authority may differ in Opinion and consequently in Command and it
away the Foundation upon which they argue than that Maxim in our Law received by all honest and learned Lawyers The King of England never dies For if so how is the Government laps'd And if it be not laps'd how can the Throne be said to be vacant And if the Throne be not vacant we are still a Body Politick consisting of Head and Members though much distemper'd and out of order by reason of the Infirmities of the Head. We still live tho we are not in good Health and our Case doth not require the Sexton to make our Grave but calls for the Physician to apply proper Remedies to cure our Disease If the King can dye 't is such a defect in our Government as doth strangely disparage it and further supposes that which hitherto we are all to learn the Crown is not Successive Now if it be successive it cannot be disposed of by the Will of the People but only by the Will of God who in that very moment calls the lawful Heir to the Crown wherein he is pleased to put a Period to the Life of his Predecessor If he be said that the Voice of the People is the Voice of God I believe that should this be granted it will not do their Business for I doubt not but that if the Pole was taken and the Question put to all People who are of Years of Discretion the Answer would be That they have still a King and that they are as willing to keep him as they are desirous to exclude Popery for ever that which hath made both him and them so unhappy This I do not much question would be the Answer if we should appeal to the sense of the People in general who yet if the Government be fallen to them must be allowed to have a right of Suffrage and a Liberty to speak their Minds as freely as other Commoners in this great Convention Further still If the King never dies by our Law how can he be lawfully depos'd For by Deposition the Throne necessarily becomes void for some time There must be some Interstice some space of time before they who depos'd a King can set up another and till the King in Designation be actually invested with the Regal Office there must of Necessity be an Interregnum that is The King contrary to the Mind of our Law may dye The Government of England always supposes a Monarch regulated by Law and therefore 't is presumed that he can do no wrong that is though he may err as well as other Mortals yet the Law of which he is the Guardian brings no Accusation against him but only against his evil Ministers If therefore the King hath err'd as doubtless he hath very much in God's Name let his Ministers be called to an account but why must the Government be dissolved and the King arraign'd condemn'd and depos'd to make way for any new Scheme of Government whatsoever whether French Italian or Dutch Our History indeed affords two Examples since William the First 's time that of Edward the Second and the other of Richard the Second but they did both of them actually resign and besides what they did or was done to them ought to preclude the right of no succeeding Prince These Examples ought no more to be urged than the stabbing King Henry the Fourth of France or the murthering King CHARLES the First of England The Historian in the Life of Richard the Second gives no very good Character of that Parliament which pass'd the Vote for this Deposition The Noblemen says he partly corrupted by Favour partly aw'd by Fear gave their Voices and the Commons commonly are like a Flock of Cranes as the first fly all the Followers do the like Continuat Dan. Hist. p. 46. Let it be here observed that I do not dispute whether the King together with his Parliament may not regulate and entail the Succession as shall by them be thought fit but only whether whilst the King lives whether the Throne can be vacant and the Government be truly said to be laps'd This we deny But however supposing that these things may be so who can make so fair a Claim and so generally satisfactory to the People as the next Heir by Proximity of Blood I mean if the Prince of Wales be proved supposititious that incomparable Lady the Princess of Orange These Reflections I have thought fit to make upon some new Notions of our present States-men by which we guess what they would be at In my Opinion I think it is but too evident that they are taking Advantage of our present Fears and Distractions to run us into those Extremes which the State as well as the Church of England hath always carefully avoided and taken particular care to provide against 4. In this Design can we in Honour and Conscience go along with them whom yet we cannot but highly esteem and value for their Learning and Parts and more especially for their happy and successful Labours in rescuing us from those gross Corruptions of Christian Religion and human Nature Popery and Slavery But shall we run into Popery and perhaps Slavery too when we have been so long striâ—ing against both and are now Thanks be to God in a great measure freed from the Danger of either And is not the Deposing a Popish Doctrine And is it not as Antichristian for any Assembly to put it into Practice as it was for the Council of Lateran at first to establish it And as for Slavery must not a standing Army be necessarily kept up to maintain a Title founded only upon the consent of the fickle and uncertain People granting that the major part of them are willing And in such a case must we not be beholden to the Goodness of the Prince rather than the Protection of our Laws if an Arbitrary and Despotick Power be not again introduced We have as yet no Law which wholly disables and excludes a Popish Successor from the Throne and till we have one which I question not but we shall have soon I do not see how we can disanul the King's Title or vacate his Regal Capacity howsoever his Power may be restrained Innovations without former Precedent are always dangerous especially those of this Nature It will be much more wise as well as safe to bear with some Inconveniencies than bring upon our selves those Mischiefs which such unparallel'd Proceedings may produce The Prince of Orange in his additional Declaration hath these Words We are confident that no Persons can have such hard Thoughts of us as to imagine that we have any other Design in this Undertaking than to procure a Settlement of the Religion and of the Liberties and Properties of the Subjects upon so sure a Foundation that there may be no danger of the Nations relapsing into the like Miseries at any time hereafter How far some Persons may extend this Clause that there may be no Danger of the Nations relapsing into the like Miseries
for the future I cannot tell but for any one to understand it so as if his Highness meant that there could be no Security against the Nations Relapse if the King be not deposed and he himself put into Possession of the Throne is I am sure an Interpretation very disadvantageous to his Honour and looks more like a Jesuitical Equivocation than that Candor and Christian Sincerity which hath brightned and rendered illustrious all the Actions of his Highness both at home and abroad The Answerer also to the Reflecter upon his Highness's Declaration will not permit us to harbour any such Suspicions as if a Crown was the End of this Expedition All such says he pag. 23 24. as believe the Prince of Orange has brought this Army and intends to make War upon England and subdue it to his mere Will and Pleasure trample all Laws both Divine and Human under feet dethrone his present Majesty and make himself King they will stay and fight for him sc. the King or at least to the best of their Power in some manner assist and help him On the contrary such as believe that the Prince's meaning is nothing of all this c. Here you see that this Author who 't is to be supposed was not unacquainted with the Prince's Intentions utterly rejects it as a false Imputation that his Highness came to dethrone his present Majesty and make himself King. Nay he thought himself obliged so fully to declare against this scandalous Report that he seems to have encouraged all those who believed it To stay and fight for the King or at least to the best of their power in some manner assist and help him So far was this Gentleman from entertaining any such thoughts of the Prince's Expedition which some Men nevertheless do now so industriously labor to make the effect of it There is another thing which makes well-meaning Men apt to suspect the present management and with holds them from closing with it so fully as otherwise its probable they might do That Paper which goes under the Title of the Prince's Third Declaration is as I am credibly informed none of his and is disowned by the Prince himself Now this pretended Declaration coming out when the Army was in such a dubious Condition and fluctuating betwixt the King and the Prince did more harm to the King's Affairs than all the other Papers I believe published at that time And if this was no real but a sham Declaration and yet was permitted without Contradiction 't is plain that Sophistry and Tricks are made use of as lawful Polices and that any kind of means are permitted if they will but do the business and serve the present turn This makes plain and honest Men who have no Ends to serve but what are just and are willing to use no kind of Means but what are so This makes them shie and cautious of engaging too far in those Designs which they see carried on by crafty and deceitful Artifices working under a Military Power and Force ready to defend them I might mention the great number of Papists in the Dutch Army as another disswasive from venturing our selves in this bottom We are afraid of Papists of all sorts and of all Countrie German and Dutch as well as French and Irish the Constitutions of the one may be more harmless than of the other but the Principles of both we know are equally destructive and when occasion serves who knows but that the Principle may prevail over the Constitution and the Papist get the better of the Dutch-man 'T is ill trusting Popery in any shape This is a Root which wherever it is planted can bring forth no good Fruit. The Bogs of Holland cannot we think make it less malignant than those of Ireland To come to a conclusion there remain several things to be cleared before we can altogether comply with what is now prosecuted with so much Zeal That the Prince of W. is a supposititious Child That a League was made by our King with the King of France for the Destruction of his Protestant Subjects and rooting out our Religion under the Notion of the Northern Heresy That the late King was poysoned and that the Earl of Essex was murthered These things we desire may be proved and then we cannot but agree that nothing can be too bad for the guilty Authors These are such damnable Villanies such horrid Crimes that both the Principles and Accessories ought to be esteemed and treated no better than Tories and Banditti Men of seared and profligate Consciences forsaken of God and Enemies to Mankind But then seeing these are such heavy Accusations and grievous Charges they ought certainly to be well proved before they be believed and produced as Arguments against the Life Honour and Estate of any Person for si satis esset accusasse c. If it be enough to accuse where should we find an innocent Person If these dreadful things can be made out it would I believe not only confirm Protestants in their deserved Detestation of Popery but create even in the minds of honest Papists themselves an Aversation to their own Religion when they shall see it contriving and executing such cruel and unnatural Works of darkness To see a Father setting up a pretended Son against the Interest of his own undoubted Children to behold a King bargaining for the Destruction of his own Subjects to represent to our Minds one Brother preparing the deadly Cup for the other who yet ventur'd his Crown rather than he would exclude him from the hopes of it in Reversion to look upon the same Royal Person plotting and managing the Assassination of a Captive and helpless Peer These are such dismal Sights and melancholick Scenes so full of Horror and barbarous Cruelty that they must needs make sad Impressions upon the Hearts even of the boldest Spectators insomuch that if they were proved they would most effectually prejudice all Men against the Author of such monstrous Barbarities and go near to extinguish all Obligations of Duty which otherwise they might owe to his Person and Authority We must therefore call again for the Proof of these things or else we cannot because we ought not to believe them upon bare Surmise and Hear-say If these Accusations be cleared once who can reverence the Person guilty of them as the Father of his Country and not rather avoid and fly from him as the worst of Tyrants But if these things be still kept in the Clouds and wrap'd up in uncertain Ambiguities all wise Men will think that it would have been better if they never had been mentioned because this doth but raise the Peoples Zeal for the present which if not kept up by real Evidence will be apt to turn to the other Extream and commiserate the Cause which before it prosecuted with so much violence The higher Mens Resentments are raised by objecting the most notorious Crimes the lower will they fall if Truth and plain
same Ruin upon the Kingdom as those Barons did by their Delay Lastly If the Discusser will not be convinc'd by what has hitherto been said Let him examine the King 's own words and try whether he can pick out any better Construction out of them then that which I shall make Says the late King in his Letter to the Earl of Feversham Things being come to that Extrâ—mity that I have been forc'd to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies hands I am oblig'd to do the same thing and to endeavour to secure my self the best I can c. Expresâ—ions of a disponding Mind and only full of Grief for the Disappointment of the Popish Career The King was afraid of the Queen and his Son the Prince of Wales as he calls him and therefore deeming it convenient to send Them out of the way believes himself oblig'd to follow them 'T is true there might be some Reason perhaps for him to send Them away but none to send away himself not being under the same Circumstances For let it be Paternal or Conjugal Affection or both together What could be a greater Desertion than this for the sake of a Wife and a Son to leave three Kingdoms at six and sevens He speaks of securing himself as well as he can but mentions nothing of Danger only leaves it to the Lord Feversham and others to presume the Causes of his Fears But certainly the apprehension of Danger can never excuse a Sovereign Magistrate from the Desertion of his Dominions at the same time striving and strugling under the Pangs of the Dissolution of Government If such a Desertion of his Territories in that forlorn and languishing Condition to accompany the Tribulations of a Wife and a Son be not a perfect Abdication of his Territories the Words relinquish desert forgo abandon abdicate have lost their Signification Thus Lysimachus in Plutarch de sera vindicta Dei after he had surrendered his Person and Dominions to the Getae for a Draught of Drink in the extremity of a parching Thirst when he had quench'd his Thirst cryed out O pravum Hominem that for so small a Pleasure have lost so great a Kingdom He would be thought very unfit to be the Master of a Ship that should throw himself into the Sea when his Vessel and Cargoe were almost ready to perish And I will appeal to the Lord of Wemm himself whether if he were to try an Abdicating Prince upon this Point with the same Huffing and Domineering as he did Inferiour Offenders he would take it for a good Justification to say I had thought or I apprehended my Person to be in Danger Rather it becomes a Prince at such a time to exert his Courage and contemn his own when the publick Security lies at stake especially when the Remedy propounded was so easy as the Convoking of a Free Parliament But to withdraw at such a perillous Conjuncture from the Application of his desir'd nay almost implor'd Assistance What can the Discusser think of himself to deny so plain an Abdication And this I take to be the Opinion of the late King's Abdication intimated by the Lords Spiritual and Temporal assembled at Guild-Hall Decemb. 1688. where they are pleased to say That they did reasonably hope that the King having sent forth his Proclamation and Writs for a free Parliament they might have rested secure as doubtless the King might also have done in that Meeting But his Majesty having withdrawn himself c. they did therefore unanimously resolve to apply themselves to his Highness the Prince of Orange c. That is to say The King having withdrawn himself from the Cure of the Grand Distempers of the Nation and consequently Abdicated the Government they resolv'd to apply themselves to a more Skilful at least a more Willing Physician Which had the Discusser more considerately discuss'd when he wrote his Discussion would have sav'd him a great deal of trouble and expence Thus much for the Reasons which the Discusser brings to prove that the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger and that therefore it cannot be call'd an Abdication That which follows being altogether grounded upon certain Statutes and Laws of the Land to the knowledg of which the Discusser seems to be a great Pretender is answer'd in a Word That they who pronounc'd the Throne Vacant understood the Latitude of their Power and the Intent and Limits of the Laws and Statutes of this Realm to that Degree that if nothing else the Consideration of that might have deterr'd the Discusser from the Presumption of appearing so vainly and scandalously in the World. Nor would I be thought so impertinent to transgress the Bounds of my own Understanding as he has done For indeed to tell ye the Truth if the Discusser should come to a Trial at Westminster-Hall I am afraid the Lawyers will certainly inform him that he has very much either mistaken or misquoted his Authors FINIS SATISFACTION tendred to all that pretend Conscience for Non-submission to our present Governours and refusing of the New Oaths of FEALTY and ALLEGIANCE In a LETTER to a FRIEND By R. B. late Rector of St. Michael Querne London And now Rector of Icklingham All-Saints Suffolk SIR I Cannot but admire at the Stiffness not to say Obstinacy of some in not complying with the present Government considering the late danger of Popery and that an Arbitrary Power was exercised amongst us by our late Rulers in asserting their Dispensing Power by the Mercenary Judges declared to be Law. You may remember in our late Conference upon this Subject you pleaded in Defence of your selves and others the Obligation you lay under to the Oath of Allegiance with your Subscription to the Doctrine of the Church of England contained in the 37 th Article and the First Canon of the Church but if it appear that all this is rather grounded upon Mistake than any solid Reality I will not question your ready Submission Oaths I confess are very strong Ties upon Men of Conscience and they are to be tenderly dealt with until that Prejudice be removed give me leave therefore with Sobriety and Meekness to enquire Whether that Oath be still in Force with the Obligation to it if not that Plea must vanish and disappear And here first let me remind you of the occasion of imposing the Oath of Allegiance it was injoyn'd to distinguish betwixt Church and Court Loyal and Disloyal Papists upon that horrid Gunpowder-Treason which hath left a Stain of Villany and Cruelty upon that Religion never to be wiped off Read over the Anatomy of that Oath made by K. Iames the First in his Book of the Defence of it And what is there in if that can stick upon any Protestant except that Clause of denying all Foreign Jurisdiction Prince or Potentate And this you seem'd to hint at when you said the
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 Iames 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 Ieffreys in brow-beating his Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull of the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Creâ—it and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your gâ—nerous and tender Consideration and to give him such Redress â—herein as to your Lordships and your Honours great Wisdom Iustice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 168â— in Obedience to the Prince of Orange's Letters They choice the Duke of Hamilton their President after which they had several Debates about the Duke of Gâ—rdon a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King Iames. They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King Iames requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Committee of 24 made up of all the Estates to settle the Government Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King Iames the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King Iames and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery
to Liberty and that they should be so much in love with Chains that when they were fairly shaken off they shouâ—d run furiously to be Fettered again as if the Ottoman and French Government were so charming in our Country that we cannot live without it tho we have so lately groaned under the dismal Burden of it And it might have been supposed that even these who had been Instrumental in Enslaving their Fellow-Brethren and were grown Fat with Sucking the Nations Blood would have taken another Method to Reconcile themselves than by persuading us to purchase their Safety at so vast an Expence as the Ruin of more than three Parts of the Nation will necessarily amount to If we do but a little reflect on the Motives which these Men blinded by Self-Interest make use of to delude the Nation into a Security that wanted very little of proving Fatal to it and compare them with the strong Reasons we have to disswade us from being so imposed on they will be found so Weak and Impertinent that we must judg it next to Impossibility to suffer our selves to be twice Deceived But if the Experience of our former Miseries so lately hanging over our Heads the very Thoughts of renewing which make all good Men to tremble has not made us Wiser and be not of Efficacy enough to deter us from venturing another Shipwrack and exposing all again to the Discretion of Roman Catholicks It 's more than probable that GOD has abandoned us and given us up to believe strong Delusions First Thay will endeavour to perswade us that Kings are eximed from Punishments here on Earth and nothing they do can be quarrelled by their Subjects which indeed might with some Reason be urged among the Turks who reserve nothing from the Power of their Sultans and where it 's Death to dispute his Commands tho never so Arbitrary and Tyrannical But with what Impudence can such Stuff be imposed on us who never admit our Kings to the Government till they swear to rule us according to Law and no otherways The Laws are the only Security we have for our Lives and Properties which if our Sovereign subvert Subjects cannot be blamed for making use of the ordinary means to preserve them and since that cannot be done without withdrawing Obedience from such a Magistrate as goes about to destroy them such an Act cannot properly be said to punish him because we take nothing from him to which he has a just Claim but do only shun the occasion of making our selves miserable The Speculative Doctrine of Passive Obedience has done too much mischief among us and what has befallen the King may be justly imputed to it for the believing that without Opposition he might do what he pleased encouraged him to take such measures as have drawn all these Misfortunes on him Secondly Others are so Fond as to believe that we may be Secure in calling the King back provided they so Limit him that it will not be in his power to hurt us These Men do not consider how small a Complement this is to a Man of the Kings Temper from an an Absolute Prince as he was pleased to fancy himself to content himself with the bare Title of a King and how insupportable the Charge must be if from being Master of all he must force himself to comply with a thousand Masters and see his Throne become his Prison But how airy is it to fancy that any Restrictions of our Contrivance can bind the King For 1 st It 's most certain they can never be Voluntary and what is constrained and done by Force is by Law declared to be Void and Null to whose Assistance the Popes Dispensing Power being joined would quickly blow off these Sampson Cords and the Royal Power would again revive with all its Vigour and Luster Thirdly The King is of a Religion that has in a famous Council decreed That no Faith is to be kept with Hereticks much less with Subjects whom he looks upon as so many Rebels and will not miss to treat them as such whenever they give him the Opportunity of doing it for his greatest Admirers do not run to that height Idolatry to imagine him so much Angel as not to take all methods to revenge so great an Affront and secure himself at our Cost from such a Treatment for the future the apprehensions of which Resentments will strike such terrour in Mens minds that nothing will be capable to divert them from offering up All for an Atonement and Popery and Slavery will be thought a good Bargain if they can but save their Lives Then we may lament our Miseries but it will not be in our power to help them for a Prince of Orange is not always ready to rescue us with such vast Expence and so great hazard to his Person and if our Madness hurry us so far we deserve rather is pity than his resentment Fourthly What Arguments has the King given since he left us to persuade us he will be more faithful in observing his Words and Oaths than hitherto he has been Does he not in a Letter lately printed here expresly say he has ruled so as to give no occasion of complaint to any of his Subjects Is not the same Letter signed by one who sacrificed both Conscience and Honour to Interest whoâ—e pernicious and headstrong Counsels has posted him to his Ruine tho' all that has been done cannot make Him sensible of it Sure the re Hereticks to the See of Rome is not less Meritorious than before nor King Iames the Seventh by breathing the French Air become less Bigot It were a Dream to fancy it For so long as the Vatican thunders Excommunications against all such as do not use their utmost endeavours to extirpate Heresie a Roman Catholick must have no Religion at all if they be not terrible to him The fourth Argument they made use of to persuade such as are and shall be chosen Members of the Convention That their Interest to call back the King is That the Peace and Happiness of the Nation cannot be otherwise secured nor Factions or Divisions extinguished But what Factions do you observe but such as they themselves do foment on purpose to disturb our Harmony all which would immediately die if the Government were once setled on those who deserved it best for then if these Fops continued still fond of Popery and Tyranny they would be chastised as Disturbers of the Publick Peace The Argument may very justly be retorted for if the King return we will burst out into a flame and England which has already declared will quickly be on our Top an Enemy too Potent and too Numerous for us tho' we were all united besides the Danger to which such a Procedure will expose us we cut off all hopes of an Union with that Nation and thereby deprive our selves of an unspeakable Advantage which would redound to all sorts of People and would be the only means to
support an impoverish'd and sinking Nation Neither is this the only Inconveniency tho' it be a very great one for if we state our selves in opposition to England by Restoring the King whom they Rejected it is not to be doubted but he will use his uttmost endeavour to recover that Kingdom the loss of which is so considerable Now seeing it were vain to suppose that the Scots alone were able to second his desires he must needs have recourse to the French and Irish whose Religion will procure a more intire Confidence than His Majesty can repose in any others These therefore must be received into our Bosom and because Scotland is the most proper place for Invading England it must be the Scene of all the Blood and Confusion that this melancholly Thought gives us a Prospect of And what treatment can such Sham-Protestants expect from these who otherwise would have become their Friends and Allies And what Figure will they pretend to make when they set up for a separate Interest from all the Confederate Protestants in the World besides The happy Success the PRINCE his Enterprize has met with has made a considerable Alteration in 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 Iustice 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 Iudgment 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 Iames the Seventh is a Professed Papist II. That the said King Iames 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 Lands 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 Iames 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 Iames 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
after their being exhausted have been Plundered and after Plundering have been burned and razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the Ground The Churches are robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short it is become a Diversion to them to commit all manner of insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the Holy Roman Empire by the best means we can think on and that no less against them than against the Turks We promise our selves from your justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof We take measures for our mutual Defence and Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would direct all things to his Glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9 th of April 1689. An Account of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England 1688. IN December last the Lords Spiritual and Temporal and all the Members of the three last Parliaments of King Charles the Second with the Lord Mayor and Aldermen and several of the Common Council of London were summoned by the Prince in that extraordinary Conjuncture when the late King had deserted the Government to consult what was fit to be done And they the said Lords and Commons did desire the Prince to take upon him the Administration of Publick Affairs both Civil and Military and the disposal of the Publick Revenue for the preservation of our Râ—ligion Rights Laws Liberties and Properties and of the Peace of the Nation and that he would take into his Care the Condition of Ireland till the Meeting of a Convention of Lords and Commons which he was entreated by his Circular Letters to summon to meet on the 22 d of Ianuary The Prince accordingly accepted the Administration and issued out his Letters for a Convention to meet on the 22 d of Ianuary as aforesaid The Prince then on December the 30 th issued out his Proclamation for the Continuance of the Sheriffs Justices of the Peace and other Officers and Ministers not being Papists to act in their respective Places till the Meeting of the Convention or other Order to the contrary c. On the 2 d of Ianuary He put out a Declaration for the better collecting of the Publick Revenue On the 5 th of Ianuary he put forth an Order for all Military Officers with their respective Companies to march out of the Quarters where any Elections should be the several Garisons excepted the day before the same be made to the next adjoining Town or Towns being not appointed for any Elections and not to return to their first Quarters till the said respective Elections be made and fully compleated that so the Election of Members for the intended Convention may be free and without any colour of Force or Restraint On the 7 th of Ianuary the Scotish Nobility and Gentry waited on the Prince what was done by them see the 6 th Collection pag. 9 10 11 12. On the 8 th day his Highness put out a Declaration against Quartering of Souldiers in private Houses He found the Treasury very empty of Cash it being said to be but 40000 l. Whereupon he desired the City of London to advance a Sum for his present Occasion and on the 10 th of Ianuary they agreed to lend 100000 l. But it being raised by Subscription it amounted to above 150000 l. On the 16 th of Ianuary He put out a Declaration to assure the Mariners and Seamen of their Pay. The two Houses met on the 22 d of Ianuary 1688 9 the Lords chose the Marquess of Hallifax for their Speaker and the Commons chose Henry Powle Esq for theirs After which a Letter was read in both Houses from the Prince of Orange on the occasion of their Meeting to this Effect That he had endeavoured to perform what was desired from him for the Publick Peace and Safety during his Administration and that it now lay on them to lay a Foundation of a firm Security for their Religion Laws and Liberties That he did not doubt but that by such a full and free Representative of the Nation the Ends of his Declaration would be attained He recommended to them the dangerous Condition of Ireland and also of the States of Holland both which required large and speedy Succours and told them That since it had pleased God hitherto to bless his good Intentions with so great Success he trusted in him that he would compleat his own Work by sending a Spirit of Peace and Union to influence their Counsels that so no Interruption may be given to a happy and lasting Settlement The first Thing the two Houses took care of was by mutual Consent to make an Address to the Prince in which they acknowledged him the Glorious Instrument under God in the great Deliverance of the Kingdom from Popery and Arbitrary Power They acknowledged also his great Care in the Administration and entreated him to continue it till further Application and that he would take into his Care the State of Ireland Then the Houses ordered that Thursday Ian. 31. be a Day of Thanksgiving in the City of London and places adjacent within ten Miles and the 14 th of February throughout the whole Kingdom Then the Lords ordered that no Papist or reputed Papist should presume to come into the Lobby Painted Chamber Court of Requests or Westminster-Hall during the Sitting of the Convention And after several Days Debates in both Houses about the Abdication of the Government and the Vacancy of the â—hrone On the 12 th of February the two Houses at last fully agreed all Things in Dispute between them in the following Declaration The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster Concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHEREAS the late King Iames the Second by the Assistance of divers Evil Counsellors Judges and Ministers imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in 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 concur in 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 Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books
or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me J A. DALRYMPLE Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. the Earl of Argyle Sir Iames Montgomery of Skelmerly and Sir Iohn Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at 3 of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a rich Canopy they first presented a Letter from the Estates to His Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and read to Their Majesties the King returned to the Commissioners the following Answer When I engaged in this Undertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word distinctly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation-OATH of England The Arch-Bishop or Bishop shall say WIll You solemnly Promise and Swear to Govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statutes in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-Bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-Bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Queen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep. So help me God. Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland Faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the Landable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all Persons without exception as the Lord and Father of all Mercies shall be merciful to uâ— And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY FINIS a a Distinct. 19. cap. a Caus. 25. q. 1. cap. 11. b b Cap. Vergent de Hereticis c c Cap. Infam 6. q. 1. p. 297. d d Suar. de Fide disp 12. §. 9. n. â— l. 2. c. 29. e e Cap. de Haer. f f Aâ—zoâ— Tom. 1. l. 8. c. 12. q. 7. g g Cap. 2. Sect. fin de Haer. in 6. h h Cap. cum secundum Legis de Haer. Inno III. cap. de Vergentis i i Vasque in Suar. disp 22. S. 4. n. 11. k k S. 1. n. 5. l l Cap. Vergent de Haer. m m Cap. ad abolendum de Haâ—r Suâ—r Dis. 23. Bul. Vrb. 4. Inno. 4. n n Jac. de Gra. decis l. 2. c. 9. n. 2. o o Bonacina Diano Castro Molanus c. Car. Allen. ad mon. to Nobl. Peop. p. 41. p p â—riess of P. G. 13. Clem. 8. q q 5. Ies. Trial p. 28. r r Col. Lr. â—o the Internâ—ncio s s Prance 's Nar. p. 4. t t Caus. Ep. p. 189. u u Five Ies. Tâ—iâ—ls p. 2â— x x Caput Offiâ—â—â—m y y Bonâ—ciâ—â—a dâ— prinâ— prat Disp. 3. q. 2. z z Parson 's Philop. p. 109. a a Becan Cont. Aug. p. 131 132. In Fowlis p. 60. b b Oats 's Nar. p. 4. N. 5 c. c c Hist. Ref. p. 110. a a Prout Regalis Officii exposcit utilitas b b Sicome le profit de Office Demaunde The Kingly or Regal Office of this Realm Mar. Sess. 3. cap. 1. Give us a King to judg us 1 Sam. 8.5 6 20. 18 Edw. III. 20 Edw. III. Cap. 1 2. 1 Iac. 1. cap. 1. 35 H. 8. cap. 1. 6 E. 6.11.1 2 3. Om. 10. 1 El. 6. 1 El. 3. Church-man
manner of Obedience or Subjection due to the sâ—me or to any that pretend to act by virtue of it but that the King's Power being in his Dominions highest under God they upon all Occasions perswade the People to Loyalty and Obedience to his Majesty in all things Lawful and to patient Submission in the rest promoting as far as in them lies the publick Peace and Quiet of the World. VIII That they maintain fair Correspondence full of the kindest Respects of all sorts with the Gentry and Persons of Quality in their Neighbourhood as being deeply sensible what reasonable Assistance and Countenance this poor Church hath received from them in her Necessities IX That they often exhort all those of our Communion to continue stedfast to the end in their most Holy Faith and constant to their Profession and to that end to take heed of all Seducers and especially of Popish Emissaries who are now in great numbers gone forth amongst them and more busie and active than ever And that they take all occasions to convince our own Flock that 't is not enough for them to be Members of an Excellent Church rightly and duly Reformed both in Faith and Worship unless they do also reform and amend their own Lives an so order their Conversation in all things as becomes the Gospel of Christ. X. And forasmuch as those Romish Emissaries like the Old Serpent Insidiantur Calcaneo are wont to be most busie and troublesome to our People at the end of their Lives labouring to unsettle and perplex them in time of Sickness and at the hour of Death that therefore all who have the Cure of Souls be more especially vigilant over them at that dangerous Season that they stay not till they be sent for but enquire out the Sick in their respective Parishes and visit them frequently that they examine them particularly concerning the state of their Souls and instruct them in their Duties and settle them in their Doubts and comfort them in their Sorrows and Sufferings and pray often with them and for them and by all the Methods which our Church prescribes prepare them for the due and worthy receiving of the Holy Eucharist the Pledg of their happy Resurrection thus with their utmost Diligence watching over every Sheep within their Fold especially in that critical Moment lest those Evening Wolves devour them XI That they also walk in Wisdom towards those that are not of Our Communion and if there be in their Parishes any such that they neglect not frequently to confer with them in the Spirit of Meekness seeking by all good Ways and Means to gain and win them over to our Communion More especially that they have a very tender Regard to our Brethren the Protestant Dissenters that upon occasion offered they visit them at their Houses and receive them kindly at their own and treat them fairly where-ever they meet them discoursing calmly and civilly with them perswading them if it may be to a full Compliance with our Church or at least that whereto we have already attained we may all walk by the same Rule and mind the same thing And in order hereunto that they take all Opportunities of assuring and convincing them that the Bishops of this Church are really and sincerely irreconcileable Enemies to the Errors Superstitions Idolatries and Tyrannies of the Church of Rome and that the very unkind Jealousies which some have had of us to the contrary were altogether groundless And in the last place that they warmly and most affectionately exhort them to joyn with us in daily fervent Prayer to the God of Peace for an Universal Blessed Vnion of all Reformed Churches both at Home and Abroad against our common Enemies and that all they who do confess the Holy Name of our dear Lord and do agree in the Truth of his Holy Word may also meet in one Holy Communion and live in perfect Unity and Godly Love. An Account of the late PROPOSALS of the Arch-Bishop of Canterbury with some other Bishops to his Majesty In a LETTER to M. B. Esq SIR I Am much surprized at the ill Constructions some People make of the Actions of those Bishops who have lately waited upon the King especially considering that most of them are the very Men who not many Months ago appeared so publickly and so courageously even to the hazard of all the Interests they had in this World in Defence of our Protestant Religion and the Laws of the Land. In order to the removing all groundless Jealousies and unreasonable Surmises in an Affair of so great Consequence which our Popish Enemies will I am sure be very ready to foment and keep up I have here sent you the Heads of those Matters which were proposed by them to the King. They waited upon Him not as a Party separate either from the Nobility or Gentry whom they could I believe have wished his Majesty would rather have called for at this Juncture or from the rest of the Bishops or Clergy of England but as Persons whom the King was pleased upon Reasons known only to his Royal Breast to command to attend upon Him. The Heads which I send you are not taken from any Copy of the Paper which my Lords the Bishops presented to the King. I understand that all their Lordships have been extreamly careful to prevent the publishing of any Copies and that they still refuse to communicate any tho they now lie under no Obligations to the contrary However I do assure you with all faithfulness that these Heads which I am now sending you are true Contents obtain'd by another Method which in prudence you will imagine not fit for me to disclose You have already been told from me that every one of these Bishops were sent for up out of their Diocesses by Expresses from his Majesty whom they first waited on in a Body on Friday the 28 th of September I cannot upon the strictest inquiry find that any thing passed betwixt the King and them at that first attendance upon Him besides general Expressions of Favour and Protection from his Majesty and general returns of Duty and Loyalty from the Bishops This was matter of Admiration to us all here who could not believe but that the King had other Intentions of a nearer and more particular Concern when he first resolved to send so far for some of these Bishops but these Alterations in Councils are Things not sit for you or I to meddle with However my Lords the Bishops were not satisfied herewith concluding as I suppose that his Majesty would not have sent for them so far if he had not intended to have advised with them in this Juncture and to give them the liberty of offering Him such Counsels as they thought necessary at this Time And therefore when his Grace my Lord Archbishop of Canterbury waited on the King alone the first time on Sunday morning Sept. 30. being indisposed when the other Bishops attended on Friday their Lordships did
so Important and Laudable a Cause and not to be hindred and prevented by those that were evil inclined towards it it was necessary to pass over into that Kingdom accompanied with some Military Forces hath thereupon made known his Intentions to their Highnesses and desired Assistance from their Highnesses that their Highnesses having maturely weighed all things and considered that the King of France and Great Britain stood in very good Correspondence and Friendship one with the other which their Highnesses have been frequently very well assured of and in a strict and particular Alliance and that their Highnesses were informed and advertised that their Majesties had laboured upon a Concert to divide and separate this State from its Alliances and that the King of France hath upon several occasions shew'd himself dissatisfied with this State which gave cause to fear and apprehend that in case the King of Great Britain should happen to compass his Aim within his Kingdom and obtain an absolute Power over his People that then both Kings out of Interest of State and Hatred and Zeal against the Protestant Religion would endeavour to bring this State to Confusion and if possible quite to subject it have resolved to commend His Highness in his undertaking of the above said Designs and to grant to him for his Assistance some Ships and Militia as Auxiliaries that in pursuance thereof His Highness hath declared to their Highnesses that he is resolved with God's Grace and Favour to go over into England not with the least insight or intention to invade or subdue that Kingdom or to remove the King from his Throne much less to make himself Master thereof or to invert or prejudice the Lawful Succession as also not to drive thence or persecute the Roman Catholicks but only and solely to help that Nation in re-establishing the Laws and Priviledges that have been broken as also in maintaining their Religion and Liberty and to that end to further and bring it about that a free and lawful Parliament may be call'd in such manner and of such Persons as are regulated and qualified by the Laws and Form of that Government and that the said Parliament may deliberate upon and establish all such Matters as shall be judged necessary to assure and secure the Lords the Clergy Gentry and People that their Rights Laws and Priviledges shall be no more violated or broken that their High and Mightinesses hope and trust that with God's Blessing the Repose and Unity of that Kingdom shall be re-established and the same be thereby brought into a Condition to be able powerfully to concur to the common benefit of Christendom and to the restoring and maintaining of Peace and Tranquillity in Europe That Copies hereof be delivered to all their Foreign Ministers residing here to be used by them as they shall see occasion The P. O's Letter to the English Army Gentlemen and Friends VVE have given you so full and so true an Account of our Intentions in this Expedition in our Declaration that as we can add nothing to it so we are sure you can desire nothing more of us We are come to preserve your Religion and to restore and establish your Liberties and Properties and therefore we cannot suffer our selves to doubt but that all true English-Men will come and concur with us in our desire to secure these Nations from POPERY and SLAVERY You must all plainly see that you are only made use of as Instruments to enslave the Nation and ruine the Protestant Religion and when that is done you may judg what ye your selves ought to expect both from the cashiering of all the Protestant and English Officers and Souldiers in Ireland and by the Irish Souldiers being brought over to be put in your places and of which you have seen so fresh an Instance that we need not put you in mind of it You know how many of your fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England and you cannot flatter your selves so far as to expect to be better used if those who have broke their word so often should by your means be brought cut of those Straits to which they are reduced at present We hope likewise that you will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves and to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect that you will consider the Honour that is now set before you of being the Instruments of serving your Country and securing your Religion and we will ever remember the Service you shall do Us upon this Occasion and will promise unto you that We shall place such particular Marks of our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which we will make a great Distinction of those that shall come seasonably to joyn their Arms with Ours and you shall find us to be Your Well-wishing and Assured Friend W. H. P. O. An Account of a wicked Design of Poysoning the PRINCE of Orange before he came out of Holland ALSO A Relation from the City of Orange of a strange METEOR representing a Crown of Light that was there seen in the Air May the 6 th 1688. In a Letter from a Gentleman in Amsterdam to his Friend in London Octob. 1. 1688. SIR THE two inclosed Relations are sent me from an Eminent Divine now at the Hague you will do well to make them publick The poysoning Business I doubt not but was contriv'd by a sort of Men that in all Ages stick at nothing to carry on their Bloody Religion An Account of a Design of Poisoning the PRINCE of ORANGE THere is a Man of Lunenburg Wolfenbuttel who being fallen in Debt in Amsterdam upon his Father's Death his Brother taking no Care of him was put in Prison and brought extream low yet he was brought out by the means of a Friend And soon after a Man who pretended to know him and to have seen him before though the German believes he never saw him seem'd to take pitty on him seeing him in a Coffee-House and gave him a Ducatoon and promised he should never want so he entred into a great familiarity with him but would never let him know where he lodged only he gave him Appointments in Coffee-Houses and Taverns and fed him from time to time with Mony At last after some weeks he drew him into a secret Walk in the Grounds that are not yet built and ask'd him if he had a Heart to do a bold Thing The German said he had if it were not such a Thing as might bring him to a Scaffold The other said There was no Danger only it would require a little hardiness Then he ask'd an
of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the Right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinctions is to be made between the Power of making Laws for the regulating the Conduct of it and the Power of executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their nature import that those to whom they are given are accountable even though that it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the Publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in Truth the Principles of Natural Religion give those that are in Authority no Power at all but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by human means such as Succession or Industry yet he has a Security for the Enjoyment of it from a Divine Right so tho Princes have no immediate Warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the Possession of them by the Principles and Rules of Natural Religion V. It is to be considered that as a private Person can bind himself to another Man's Service by different degrees either as an ordinary Servant for Wages or as one appropriate for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery in all which cases the general Name of Master may be equally used yet the degrees of his Power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others and therefore though all those may carry the same Name of King yet every ones Power is to be taken from the measures of that Authority which is lodged in him and not from any general Speculations founded on some Equivocal Terms such as King Sovereign or Supream VI. It is certain that God as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of his Will must be made evident by Prophets or other extraordinary Men sent of him who have some manifest proofs of the Dvine Authority that is committed to them on such occasions and upon such Persons declaring the Will of God in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegatation can be carried no further than to those who are thus expresly marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families Nor does it appear reasonable to conclude from their being in Possession that it is the Will of God that it should be so this justifies all Usurpers when they are successful VII The measures of Power and by consequence of Obedience must be taken from the express Laws of any State or Body of Men from the Oaths that they swear or from immemorial Prescription and a long Possession which both give a Title and in a long Tract of Time make a bad one become good since Prescription when it passes the Memory of Man and is not disputed by any other Pretender gives by the common Sense of all Men a just and good Title so upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws immemorial Customs or from particular Oaths which the Subjects swear to their Princes this being still to be laid down for a Principle that in all the Disputes between Power and Liberty Power must allways be â—roved but Liberty proves it self the one being founded onâ—y upon a Positive Law and the other upon the Law of Nature VIII If from the general Principles of Human Society and Natural Religion we carry this matter to be examined by the Scriptures it is clear that all the Passages that are in the Old Testament are not to be made use of in this matter of neither side For as the Land of Canaan was given to the Iews by an immediate Grant from Heaven so God reserâ—â—â— still this to himself and to the Declarations that he shoulâ—â—â—â—â—ke from time to time either by his Prophets or by the Answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit Here was an express Delegation made by God and therefore all that was done in that Dispensation either for or against Princes is not to be made use of in any other State that is founded on another Bottom and Constitution and all the Expressions in the Old Testament relating to Kings since they belong to Persons that were immediately designed by God are without any sort of Reason applied to those who can pretend to no such Designation neither for themselves nor for their Ancestors IX As for the New Testament it is
Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next Thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it being above three Years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the Electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threating and Turning out of all Persons out of Imploiments who had refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly chuse the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no legal Officers and by consâ—quence those Elections that pass under their Authority are null and void If I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particuâ—ar Laws made in K. Charles the First and the late King's Time securing them from all Commissions that the King can raise for â—udging or Censuring them If then in opposition to this a Court so condemned is ercted which proceeds to Judg and Censure the Clergy and even to disseise them of their Free-holds without so much as the form of a Trial though this is the most indispensable Law of all those that secures the Property of England and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him If likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuncio's from thence which is plainly Treason by Law If likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Iesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State And if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Imploiments both Military and Civil then it is plain That all the Rights of the Church of England and the whole Establishment of the Protestant Religion are struck at and design'd to be overturned since all these Things as they are notoriously illegal so they evidently demonstrate That the great Design of them all is the rooting out of this Pestilent Heresy in their stile I mean the Protestant Religion In the next place If in the whole course of Justice it is visible that there is a constant practising upon the Judges that they are tâ—rned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are â—ut in their places If an Army is kept up in time of Peace â—â—d Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a Rape upon all our Liberties and a Destruction of the Nation If I say all these things are true in Fact then it is plain that there is such a Dissolution of the Government made that there is not any one part of it left sound and entire And if all these things are done now it is easie to imagine what may be expected when Arbitrary Power that spares no Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Benevolences and all sorts of Illegal Taxes as from the other we may expect Burnings Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Paâ—liament that passed in K. Iames I. Minority though they were ratified by himself when he came to be of Age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in Execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain that not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the Hands and Power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island and for the
to whom the Irish are compar'd by Historians for their Idleness and Inhumanity tho not for their Wit. The Persecutions of the Protestants in the Vallies of Piedmont are another instance of Popish Immanity and Baseness they were under the common shelter of publick Pactions and Treaties and had been solemnly own'd by the Dukes of Savoy to be the most Loyal and the most Couragious of their Subjects The present Duke who undertook this last Persecution was not content to destroy them with his own Troops but call'd in the French to assist at the Comedy to shoot them off the Rocks to hunt them over the Alps and to sell the strongest of them to the Gallies that the very Turkish Slaves themselves might deride and insult over them Catholicks who have not Power or Opportunity to execute the same things seem to condemn the Conduct in Publick but sing Te Deum in Private and as soon as ever they have got a sufficient Force commit the like Barbarities so essential to their Religion that all the Instinct of Nature cannot separate them The Holy Father at Rome tho he sets up for a moderate and merciful Pontificate order'd Te Dèum to be sung up and down for the extirpation of Heresy out of France and Piedmont and our English Catholicks have given us as their Army and Interest encreas'd several Proofs how well they can juggle and disguise themselves setting up Courts of Inquisition turning Protestants out of all Employs and even out of their Freeholds dispensing with Laws Ravishing Charters packing Corporatione c. and all under a notion of Liberty or a Divine Right they with their Accomplices defended illegal Declarations and set up an Authority above all our Laws under the Cloak of a sham Liberty of Conscience racking at the very same time the Consciences of the Church-of England-men and undermining the Foundation of our State. If Mr. Pen and his Disciples had condemn'd the unlawfulness of the Declarations and the Dispensing Power when they wrote so fast for Liberty of Conscience they had then shew'd a generous Zeal for a just Freedom in Matters of Religion and at the same time a due Veneration to the Legislative Power King Lords and Commons but the secret of the Machine was to maintain and erect a Prerogative above all Acts of Parliament and consequently to introduce upon that bottom Tyranny and Popery yet notwithstanding all this uncontroulable Power and shew of â—randeur an Easterly Wind and a Fleet of Fly-Boats would cancel and undo all again Our Monkish Historians relate of King Iohn that being in some distress he sent Sir Tho. Hardington and Sir Ralph Fitz-Nicholas Ambassadours to Mirammumalim the great Emperor of Morocco with offers of his Kingdom to him upon Condition he would come and aid him and that if he prevail'd he would himself turn Mahometan and renounce Popery I will not insist upon the Violations of Laws and Treaties in the Low Countries or the Spanish Tyranny over them because the Spaniards have got so much by that Persecution and Cruelty that they might be tempted to practise the like again for by forcing the Netherlanders to take up Arms for their Defence and by necessitating Queen Elizabeth to assist and preserve them they have set up a Free and Glorious State as they themselves have call'd them in some Treaties that hath preserv'd the languishing Monarchy of Spain and the Liberty of Christendom The base and cowardly Massacre of that great Hero William Prince of Orange of the Renowned Admiral Coligny and the Prince of Conde the many Bloody Conspiracies for the Extirpation of the whole Race of the House of Orange the Murders of Henry the Second and Henry the Fourth are all Records and everlasting Monuments of Popish Barbarity what incredible Effusions of Blood hath been occasion'd by the frequent Revolts of the Popes against the Emperors by the Image-Worship and the Holy Wars What Treachery in the Bohemian Transactions and Treaties What Inhumanity in burning Ierome of Prague and Iohn Hus when they had the Emperor's Pass and all other publick Securities from the Council it self that put to Death those two good Men. The Reign of Queen Mary is another Scene of the Infidility and Treachery of the Church of Rome what Oaths did she take What Promises and Protestations did she make to the Suffolk Men who had set the Crown upon her Head and yet they were the first that felt the strokes of Persecution from Her Read her History in Fox's Martyrs and Dr. Burnet's History of the Reformation The many Conspiracies to destroy Queen Elizabeth and King Iames the Gunpowder-Plot the Counsels carried on in Popish Countries to take off King Charles the First and the many late Popish Plots are a continued Series and Thred carried on by the Church of Rome to break through all Laws both of God and Man to erect an Universal Monarchy of Priest-Craft and to bring the whole World under their Yoke The Swedes have taken an effectual and commendable way to keep Popish Priests and Iesuits those Boutefeus and Disturbers of Societies the declared Enemies to the Welfare of Mankind out of their Countries by Gelding them and consequently rendring them incapable of Sacerdotal Functions tho the Priests have found out a Salvo and will say Mass and Confess if they can procure their Testicles again and carry them in their Pockets either preserv'd or in Powder In Aethiopia China and Iapan the Romish Priests have been so intollerably turbulent and such extravagant Incendiaries that they have been often banished and put to Death so that now they disguise themselves all over the Eastern Nations under the Names and Characters of Mathematicians Mechanicks Physicians c. and dare not own their Mission to propagate a Faith which is grown ridiculous all over Asia The long and dreadful Civil Wars of France the many Massacres and Persecutions and lastly the Siege of Rochel are living Instances how far we may rely upon Engagements and Laws both as to the taking of that Bulwark and the promised Relief from hence The Protestant Defenders of it refusing to rely any longer upon Paper Edicts and the Word of a Most Christian King had this City granted them as a Cautionary Town for their Security for before they had always been deluded out of their Advantages by fair Promises insignificant Treaties and the Word of a King yet Lewis the 13 th following the vitious Examples of Treacherous Princes fell upon this Glorious City which upon the account of their Laws and Privileges made a Resistance and brave Defence having never heard of Passive Obedience amongst their Pastors thinking it more lawful to defend their Rights than it was for Lewis to invade them As for the late and present Reign here in England they are too nice and tender Things for me to touch whether the Transactions of them are consistent with the Coronation Oaths the many Declarations Protestations publick and solemn Promises I am no fit Judg
Liberties Honours and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and hâ—ve turned out such as they found would not conform themselves to their Intentions and have put others in their places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no Regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in the common Administration of Justice shewed that they were governed by their Consciences and not by the Directions which the others gave them By which it is apparent they design to render themselves the absolute Masters of the Lives Honours and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any regard either to the Equity of the Cause or to the Conscience of the Judges whom they will have to submit in all things to their own will and Pleasure hoping by such ways to intimidate those who are yet in Imployment as also such others as they shall think fit to put in the rooms of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no failings of that kind are pardoned in any Persons whatsoever A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence They have also by putting the Administration of Justice into the hands of Papists brought all the matters of Civil Justice into great uncertainties with how much Exactness and Justice soever that these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all places of Judicature but have put them under an Incapacity none are bound to acknowledg or to obey their Judgments and all Sentences given by them are null and void of themselves so that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more force than the Sentences of any private and unauthorized Person whatsoever So deplorable is the Case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Imployments so can turn them out of them at pleasure and who can never be esteemed lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Imployments in the same manner for tho the Laws have not only excluded Papists from all such Imployments but have in particular provided that they should be disarmed yet they in Contempt of these Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trusts both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by those means having rendred themselves Masters both of the Affairs of the Church of the Government of the Nation and of the course of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a Capacity to maintain and execute their wicked Designs by the assistance of the Army and thereby to enslave the Nation The dismal Effects of this Subversion of the established Religion Laws and Liberties in England appear more evident to us by what we see done in Ireland Where the whole Government is put into the Hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great numbers of them leave that Kingdom and abandon their Estates in it remembring well that cruel and bloody Massacre which fell out in that Island in the Year 1641. Those Evil Counsellous have also prevailed with the King to declare in Scotland that he is clothed with Absolute Power and that all the Subjects are bound to obey him without Reserve upon which he has assumed an Arbitrary Power both over the Religion and Laws of that Kingdom from all which it is apparent what is to be looked for in England as soon as matters are duly prepared for it Those great and insufferable Oppressions and the open Contempt of all Law together with the apprehensions of the sad Consequences that must certainly follow upon it have put the Subjâ—â—ts under great and just Fears and have made them look after such lawful Remedies as are allowed of in all Nations yet all has been without Effect And those Evil Counsellours have endeavoured to make all Men apprehend the loss of their Lives Liberties Honours and Estates if they should go about to preserve themselves from this Oppression by Petitions Representations or other means authorised by Law. Thus did they proceed with the Arch-bishop of Canterbury and the other Bishops who having offer'd a most humble Petition to the King in terms full of Respect and not exceeding the number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by Consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinion in their Favours were thereupon turned out And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the exercise of it have ever reckoned a Crime for their Subjects to come in all Submission and Respect and in a due Number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said that the Subjects were not bound to obey the Orders of a Popish Justice of Peace tho it is evident that they being by Law rendred incapable of all such Trusts no regard is due to their Orders This being the Security which the People have by the Law for their Lives Liberties Honours and
any ill designs if any have been tampering to reconcile him to Popery which is no less than Treason he will presently detect those mischievous Instruments that they may be brought to condign Punishment and applaud the Iustice that has been done on Coleman the five Jesuits Godfrey's Murderers c. thereby stopping the Mouths of that brazen Tribe who would make the World believe they died innocently He will declare 〈◊〉 all Arbitrary Designs detest those who by sneaking flatteries would unâ—â—ngâ— the ancient and most wise Constitution of our Government He will heartily recommend Parliaments to his Sacred Brother as the wisest and safest Councils and even thank the late Houses of Commons for their zeal against him whilst they apprehended him as an Enemy to his King and the Religion and safety of the Kingdom He will vigorously by his Counsels and Interests oppose the growing greatness of the French which at this day threatens all Europe with Chains and immediately tends not only to the decay of Great Britains Trade and Glory but also to the diminution oppression and if it lay in humane Power utter subversion of the Reformed Religion throughout the World. These and the like Noble Fruits will the People not unreasonably expect from your R. H. when ever you shall please to declare your self a Protestant which that you may speedily do not Politickly or Superficially but with that sincerity as so serious a matter of infinite more value than the Three Crowns you are Presumptive Heir to is the Prayer of all good Men and particularly of Your Royal Highness 's Most Humble and Faithful Servant Philanax Verax LONDON Printed and are to be sold by Richard Ianeway 1688. Ten Seasonable QUERIES Proposed by an English Gentleman in Amsterdam to his Friends in England a little before the Prince of Orange came over I. WHether any Real and Zealous Papist was ever for Liberty of Conscience it being a fundamental Principle of their Religion That all Christians that do not believe as They do are Hereticks and ought to be destroyed II. Whether the King be a Real and Zealous Papist If he be Whether he can be truly for Liberty of Conscience III. Whether this King in his Brother's Reign did not cause the Persecution against Dissenters to be more violent than otherwise it would have been IV. Whether he doth not now make use of the Dissenters to pull down the Church of England as he did of the Church of England to ruin the Dissenters that the Papists may be the better enabled in a short time to destroy them both V. Whether any ought to believe he will be for Liberty any longer than it serves his Turn and whether his great eagerness to have the Penal Laws and Test repealed be only in order to the easie establishing of Popery VI. Whether if these Penal Laws and Test were repealed there would not many turn Papists that now dare not VII Whether the forcing of all that are in Offices of Profit or Trust in the Nation to lose their Places or declare they will be for Repealing the Penal Laws and Test be not Violating his own Declaration for Liberty of Conscience and a new Test upon the People VIII Whether the suspending the Bishop of London the Dispossessing of the Fellows of Magdalen Colledge of their Freeholds the Imprisoning and Prosecuting the Seven Bishops for Reasoning according to Law are not sufficient instances how well the King intend to keep his Declaration for Liberty of Conscience wherein he promiseth to protect and maintain all his Bishops and Clergy and all other his Subjects of the Church of England in quiet and full enjoyment of all their Possessions with any molestation or disturbance whatsoever IX Whether the Usage of the Protestants in France and Savoy for these three years past be not a sufficient Warning not to trust to the Declaration Promises or Oaths in matters of Religion of any Papist whatsoever X. Whether any Equivalent whatsoever under a Popish King that hath a standing Army and pretends to a Dispensing Power can be as equal Security as the Penal Laws and Test as affairs now stand in England FINIS A SIXTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. Five Letters from Scotland giving Account of expelling Popery from thence II. The Prince of Orange's Speech to the Scots Lords and Gentlemen met at St. Iames's With their Advice to the Prince to take upon him the Administration of the Affairs of Scotland With his Highness's Answer III. A Letter to a Friend advising in this Extraordiry Juncture how to Free the Nation from Slavery IV. The Application of the Bishop and Clergy of London to the Prince of Orange Sept. 21. 1688. V. An Address of the Nonconformist Ministers of London to the Prince of Orange VI. The Address of the City of Bristol to the Prince of Orange VII A Word to the Wise for Setling the Government VIII A Modest Proposal to the present Convention IX An Historical Account touching the Succession of the Crown X. A Narrative of the Miseries of New-England by reason of an Arbitrary Government erected there Licensed and Entred according to Order London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. Advertisement VVHereas there is a sixth and seventh Collection of old Papers with new Title-Pages remote from the present Juncture of Affairs published by R. Baldwin The Reader is desired to take notice that the Person that collected the first five Parts will continue them from time to time as often as matter occurs in which he will take care not to impose any thing but what is new and genuine and worth the Reader 's Money To be sold by Richard Ianeway in Queen's-Head Court in Pater-Noster-Row who sells the former five and so all that shall follow Five LETTERS From a Gentleman in Scotland to his Friend in LONDON Being a True Account of what Remarkable Passages have happened since the Prince's Landing The manner of the taking of the Chancellor and his Lady in Man's Apparel The burning of the Pope Demolishing of the Popish Chappels c. with the total overthrow of the Roman Catholicks Edinburgh Decemb. 3. 1688. THE Students of the University here designed some time ago to burn the Pope's Effigies but that was not more zealously desired to be prevented by some than to be done by others Notwithstanding all the imaginable Care taken to prevent it yet it was done about Ten Days ago after day-light gone at the Cross and blown up with Art that seems to have been beyond their Invention above four Stories high Two Days thereafter they went to the Parliament-House at mid-day passing by the Guards crying No Pope No Papist And being got into the Parliament-House after they had required the Guards to be present at the Sentence and having got upon the Bench they Arraigned his Holiness before his Judges and gave the Jury their Commission who brought him in
it must have fallen if the King had died without Heir VI. If the Regality then be not Descended but thus Laps'd to the People and that this most Excellent Government is therein become Defective whether it be not of necessity that this defect be supplied by a speedy Constituting some Person to that Office Power and Trust to compleat the Government VII If that be so Then what Person in this present Juncture of Affairs is most proper to be therewith Invested Whetheâ— one who at the Nations charge at all Times and upon all Occasiâ—ns and to the utmost Extremities hath given undeniable Evidence to the World of his constant Resolution and endeavours to Subvert the Religion Laws and Liberties of his People Or one who at his own Charge and at the peril of his own Honour Life and Fortune hath Rescued and Delivered the Nation from that deploâ—able Condition and Danger and whose Wisdom Vertue Courage and Conduct is an Honour to the Age the Joy of all good Men and the Fear of Bad both here and abroad and who must adorn that People over whom he shall preside VIII If then the Crown be thus fallen and must be placed de novo Whether it was ever more necessary than now to settle and limit the Succession thereof as it hath been often done by Parliament in regard there are but Three Persons of the Protestant Religion anâ— oâ— the Royal Blood viz. his Highness and the Two Princesses not much different in Age beyond whom the Descendants are many and all Roman Catholicks IX Whether then it may not be adviseable it be limited to the Prince for Life the Remainder to his Princess and the Heirs of her Body the Remainder to the Princess Ann and the Heirs of her Body the Remainder to the Prince and the Heirs of his Body In Default of such Issue to such Person and Persons as the Lords and Commons then last sitting in Parliament shall Declare and Appoint X. Whether such Limitation will not avoid all Questions which may at present or hereafter arise touching the Title of the Crown either near or remote and settle and preserve the Peace of the Nation for ever XI Whether so doing will not prevent any scruple her Highness may have of accepting the Crown in her Father's Life-time as did arâ—se in the Son of King Edward the Second XII Whether thereby the Nation will not in some measure express its Duty and Gratitude to his Highness who under God hath â—redeemed and Delivered it from Popery and Slavery and raised his own Merit above the level of a Subject XIII Whether this Great Prince whom God hath advanced for the Conduct and Safety of the Protestant World will not be the steer to accomplish those Glorious Ends XIV Whether the Two Royal Daughters consâ—dering such his Highness's securing their Right and Succession to the Crown of these Realms against all Popish Endeavours to hinder the same will not see just Cause to promote the Limitations aforesaid XV. And lastly Whether the Wisdom and Interest of the Nation doth not oblige all good Men to concur with his Highness and his most Noble Declaration and Gracious Designs To Establish their Religion their Liberties and Properties beyond all Humane Power of Violation or Subversion for the Time to come A Modest PROPOSAL to the present CONVENTION THE thing that ofiers it self in this great Conjuncture is to have a Grand Committee of Lords and Commons Forty at least from each House to be as a Privy Council or Council of State or Governing Senate It were to be wished that Twenty of each Forty might be for Life and the other Twenty Biennial Ten going off every Year Or half might be changed Annually Each Senator or Counsellor to have for his Salary or Maintenance a Thousand Pounds a Year This would be such an Advancement to the Nobility and Gentry as England never saw And the Charge is a Trifle There is more spâ—nt in some Monarchies upon Hawks Hounds and Whores The Prince to preside in this Council or Senate or such Person as he shall appoint in his stead and to have Ten Votes at least He must also be General and Admiral and must have such further Powers and such a Maintenance or Revenue as his Great Merits require But withal such as are consistent with the Government he designs for us The Prince's Maintenance should equal or exceed that of all the Senators put together All that are of this Council and all that hope to be that is all the Considerable Men of the Nation will by this means be firm to the Prince And so will those others who have the great Priviledge of Choosing them whereby they may have Confidence in their Administration And this one thing will give the Prince so strong an Interest that he needs fear no Pretension that can be against him It will be better than a Standing Army The necessity whereof nothing can prevent but such a Standing Council The Parliament to be Chosen Triermially and to meet Annually It is believed that such a Constitution as this would effectually Secure us according to the Princes good Intentions from Popery and Tyranny And the Prince will be the glorious Author of the Britannick Liberty as his Great Grand-Father was of the Belgick The Genoeses to this day adore the Memory of Andrew Doria who chose rather to make them a Free State than to be their Prince Barely to change our Master would but revive the Feuds of York and Lancaster and involve us in the like Calamities These things to continue but during the Life of the King and not to prejudice a Protestant Successor A Short Historical Account touching the Succession of the CROWN IN the Heptarchy there was no sixt Hereditary Right one King tripping up the Heels of another as he had Power till one got all Afterward no sixt Hereditary Right for Althestan the Great King was a Bastard and so were several others why by then Courage and Policy got the Crown so that a Law was made under the Saxon Monarchy de Ordinatione Regnam that directed the Election of Kings prohibiting Bastards to be Elected Edward the Confessor was not King Iure Haereditario William the First called the Conqueror had no Right buâ— from the Peoples Election William Ruffus was Elected against the Right of his Elder Bâ—othâ—â— Henry the First came in by the same way King Stephen was Elected a Clero Populo and Confirmeâ— by the Popo Henry the Second came in by Consent yet he had no Hereditary Right for his Mother was living Richard the First was charged before God and Men by the Arch-Bishop upon his Coronation that he should not presume to take the Crown unless he resolved faithfully to observe the Laws King Iohn his Brother because his Elder Brother's Son was a Foreigner was Elected a Clero Populo and being Divorced from his Wife by his new Queen he had Henry the Third Henry the Third was Confirmed
yet if these few should happen to be Persons of Character of known Prudence and Abilities Integrity and Honesty in Church or State their Examples would give a terrible Shock to such a new tottering Government tho they were never so Tame and Peaceable void of Faction and Sedition themselves And yâ—t lâ—t me tell you you must not judge of the Numbers of â—hese Men by the late general defection The whole Nation I confess was very unanimous for the Prince great numbers of Gentlemen nay of the King 's own Soldiers went over to him very few but Papisâ—s offered their Service to the King but the reason of this was very evident not that they were willing to part with the King and set up another in his room but because they were horribly afraid of Pâ—pery and very desirous to see the Laws and Religion of the Nation settled upon the old Foundations by a Free Parliament which was all the Prince declared for but many who were Well-wishers to this Design will not renounce their Allegiance to their King and now they see what is like to come of iâ— are ashamed of what they have done and ask God's pardon for it and are ready to undo it as far as they can 2. Besides a thousand occasions of Discontent which may happen in such a Change of Government as this which no Body can possibly foresee and yet may have very fatal Consequences there are some very visible occasions for it besides the sense of Loyalty and Conscience How many Discontents think you may arise between the Nobility and Gentry who attend the new Court Every Man will think he has some Merit and expect some marks of Favour to have his share of Honour and Power and Profit and yet a great many more must miss than those who speed and many of those who are Rewarded may think they han't their Deserts and be disconternted to see others preferred before them and those whose expectations are disappointed are disobliged too and that is a dangerous thing when there is another and a righful King to oblige for Duty and Discontent together to be revenged if a new King and to be reconciled to an old One will shake a Throne which has so sandy a Foundation The like may be said of the Soldiery who are generally Men of Honour and Resentment and have the greater and sharper Resentments now because they are sensible of their mistake when it is too late yet as they ought not to have Fought for Popery nor against the Laws and Liberties of their Country fo neither ought they to have deserted the defence of the King's Person and Crown but have brought the Prince to Terms as well as the King. Thus you easily foresee what a heavy Tax must be laid upon the Nation to defray the Charge of this Expedition and I believe the Country would have paid it very chearfully and thankfully had the Prince resâ—ored to them their Laws and Liberties and Religion together with their King but you know Men are apt to complain of every thing when Money is to be paid and it may be it will be thought hard to lose their King and to pay so deaâ— for it too And tho what the Convention does is none of the Prince's fault no more than it was his design yet angry People don't use to distiâ—guish so nicely But there is a greater Difficulty still than all this There are no Contentions so fierce as those about Religion this gave Life and Spirit to the Prince's Design and had the main stroke in this late Revolution And though Popery were a hated Religion yet most Men are as zealous for their own Religion as they are against Popery Those of the Church of England are very glad to get rid of Popery but they will not be contented to part with their Church into the Bargain for this would be as bad as they could have suffered under Popery The several Sects of Dissenters are glad to get rid of Popery also but now they expect glorious Days for themselves and what they expect God Almighty knows for I am confident they don't know themselves Now consider how difficult it will be for any Prince who has but a crazy Title to the immediate possession of the Crown to adjust this matter so as neither to disgust the Church of England nor the Dissenters and if either of them be disobliged there is a formidable Party made against them This being the Case should the King be deposed and any other ascend the Throne it will be necessary for them to keep up a standing Army to quell such Discontents for where there are and will be Discontents without any tye of Conscience to restrain Men there can be no defence but only in Power and this will raise and encrease new Discontents for it alters the frame of our Constitution from a Civil to a Military Government which is one of the great Grievances we have complained of and I believe English People will not be better pleased with Dutch or German or any foreign Souldiers than they were with their own Country-Men and I believe English Souldiers will not be extreamly pleased to see themselves disbanded or sent into other Countries to hazard their Lives while their Places are taken up by Foreigners who live in ease plenty and sasety And when things are come to this pass which is so likely that I cannot â—ee how all the Wit of Man can prevent it I will suppose but one thing more which you will say is not unlikely that the King return with a foreign Force to recover his Kingdoms how ready will the Men of Conscience and the Men of Discontent be to join him nay to invite him Home again and if he returns as a Conqueror you will wish when it is too late that you had treated with him and brought him back upon safe and honourable Terms Secondly Let us suppose now that all this should be over-voted for I am sure it can never be answered and the Convention should resolve to proclaim the next Heir 1. You must be sure to examine well who is the next Heir that is you must throughly examine the Pretences of the Prince of Wales and yet if you have not good Proofs of the Imposture you had better let it alone For tho the Nation has had general presumptions of it yet a Male Heir of the Crown is mightily desired and People would be very fond of him if they had one and seem to expect some better Proofs than meer Presumptions against him because common Fame has promised a great deal more and if you should either say nothing to it or not what is expected it would be a very plausible pretence for discontented People to quarrel 2. Suppose the Princess of Orange should aâ—pear to be the next Heir what if a Lady of her eminent Vertue should scruple to sit upon her Father's Throne while he lives Or what if she should scruple it hereafter and
to return to his Government under such legal Restraints as shall give security to the most jealous Persons for the preservation of their Laws Liberties and Religion iâ— horribly decryed c. yet the only Reason against it is because it is vain Now Sir that Reason is so very good that it may perhaps justily that dreadful Consequence you so shrink at for though I do not doubt but you are a wonderful Legislator yet if Twenty wiser Men than you were joined with you to frame these new Laws yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives and he will break through all your Restrictions with wonderful Facility as we have seen by Experience But then if you leave him the Name and take away the Power of a King you set up a Common-wealth immediately which will not end with your Popish Prince but there will be stickling to keep all things in the same State in the following Reign of what Religion soever the Prince is which was the Reason why the Limitations offered by Charles II. in 1679 were rejected And let it be remember'd also how well that Prince that was supposed to be a Protestant kept his Word and the Solemn League and Covenant which he solemnly with Hands and Eyes lifted up to Heaven swore to observe in Scotland c. Well but we would have thought our selves very secure if the King would hâ—ve called a Free Parliament Yes Sir if he would have call'd it Freely so that it had been the production of his Will without Force but Sir it is notorious he was resolved the Parliament should either not be free or not meet and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last in which the Author tells us That the summoning a Parliament 〈◊〉 is so far from being the only way to preseâ—ve His Majesty and the Kingdom that it will be one of the principal causes of much Misery to the Kingdom c. and nothing would do then but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say Sir If you cannot remember this you shall never be trusted to frame Laws if I can help it There is another and a better Reason to refuse a Treaty than the fearing the King should comply Suppose that he should grant all that you can ask bating White-Hall the Reveâ—â—e the Title of King and the Right of calling Parliaments and making Peace and War What Security have we that he will acquiesce in this low restrained Estate Oaths Laws and Promises we had before but what did they signify Who shall be Guarantee what shall we do if he break out again In short quis eustodiet Custodes So that the many who desire a Treaty are desired to read the Enquiry into the presenâ— State of Affairs that they may not come into the Discipline of the severe Lady who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with if God and H. W. P. O. had not saved us But if the Convention should refuse to treat and Depose the King it would act without a Legal Power § 8. Why Sir here is no occasion to talk of a Deposition the King is gone of his own accord freely and they are only to consider whether we shall perish in a State of Anarchy reâ—al him and suffer over again all that is past and all that was intended but prevented or whether they shall recognize the next immediate Heir and enquire who that is Well but the next Heir it seems shall have small joy of it his whole Authority depending on a Convention that has no Authority In good time Will the Authority of this Prince when acknowledged depend on the Authority of the Convention Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights But no Man will think himself bound in Conscience to obey this Heir Have you Sir the keeping of all Mens Consciences or the knowledg of their Thoughts I can assure you mine is not in your custody § 9. All those who think themselves bound still by their Oath of Allegiance to defend the King's Person his Crown and Dignity c. will be greatly discontented Why Sir then they may go over into France and be admitted into his Guards and perhaps the generous Allowance given him by the French King will maintain them if their Heresie do not over-ballance their Loyalty and turn it into a Crime as it happened to the Hâ—gonots Well but they will never own any other whilst their own King lives Assuredly this is a wonderful Man if he could but as certainly inform us of the number as he can of the Thoughts and future Actions of these Loyalist's Well but if they should happen to be Persons of known Prudence Abilities Integrity Honesty though they were never so few and never so tame it would give a terrible stroke to this Toâ—tâ—ring Government Why Sir all or the greatest part of such Men in the Nation were a dreadful Body tho they were and ever will be few but Sir there must be a considerable Body of such Men first satisfied in the Convention a number without Doors are already satisfied and more will when the States have passed their Resolves and the remainder of the Men of this High Character who will still remain Discontented if they are any thing Peaceable though not over Tame will never be able to shock the most Tâ—â—tering Government in the World by their Examples how well soever he thinks of them Yet § 10. He endeavours to shew the number will not be small because many who joyned with the Prince are ashamed of what they have done and ask God pardon for is and are ready â—o undo it as far as they can Well Sir how many such do you know besides your self A List of these Men were worth the having and may perhaps be easily taken if one knew how to separate them from the rest however I should not fear greatly the terrible Shock of these wonderful Men till I had better information of their Numbers than you can possibly give us They were not willing to part with the King tho they were horribly afraid of Popery Why Sir has the King changed his Religion in France or are those Gentlemen so fond of the King that they would now be contented to suffer all that Popery threatned so lately Or are they become as weary of their Delivery as they were before of Popery Or will they sacrifice their Laws Religion old Foundations and Free Parliaments to their Allegiance to their King If you say Yes I have done if no then you would have what was not to be had and will not be contented with what may be hâ—d and if the Number of these Men is great farewel
to the Liberties Laws Religion and Priviledges of England and its Wealth and Inhabitants too and what is left you may be pleased to divide amongst your Men of Character To all this he assures us § 10. There will be a Thousand Occasions of Discontent Juâ—â— a Thousand neither one more or less besides those springing from the sense of Loyalty and Conscience Strange that these Two should be so troublesome as to equal if not exceed the whole Thousand that went before He that had been before so liberal of his Informatiâ—n now sets us to guess in § 10. How many will be discontented in the new Court for want of Preferment Why Sir If you please to inform me how many days in February shall be clear and how many shall be cloudy I will fall a guessing how many in the new Court shall be pleased and how many shall be dissatisfied but when I have done it will not be worth the while because this ever happens and Courtiers have an old way of keeping these Malecontents in hope till they fall off or gain what they desire and so if there should happen to be a Thousand of them they will not be able to shock the Government if there is no other cause of Discontent than that Well but here Duty and Discontent will mix because they are sensible of their Mistake when it is too late For as they ought not to have fought for Popery nor against the Laws and Liberties of their Country so neither â—ught they to have deserted the defence of the King's Person and Crown but have brought the Prince to Terms as well as the King Why Sir Nemo tenetur ad impossibilia The King was never brought to Terms nor perhaps never will So that if they 〈◊〉 Fought at all it must have been for Popery and against both our Laws and Liberties Sir shew when and where the King offered us or the Prince any Terms and I will pass my word you shall be employed to frame Laws for the Convention which is certainly a good Employ for one that is so expert at it as you pretend to be Well § 13. A heavy Tax must be laid upon the Nation to defray the Charge of this Expedition Why Sir Are you of the Privy Câ—uncil to the Prince Surely he will be able to find some other Cause or not make the Tax so very heavy But Men will be very sorry to lose their King and pay so dear for it too Yes doubtless a Gracious King is a great Loss but if he will be gone and inâ—olve us in a War too Taxes must be pâ—id yea heavy Taxes to support the Charge of it or Louis will in a short time teach us what the Prince's Expedition was worth whatever it cost But this is not all we must part with our Church too the crazy Title will require the giving the Church to the Dissenters § 14. The Dissenters have or late acted very well and perhaps if a wise Man has the mannaging of them and the Popish Emissaries be carefully looked after we may compound the Quarrel better cheap than the parting with our Church Sir I am well assured a great deal less will for the present content them and the King is not Immortal and whenever he Dies the Crazy Title will be Soâ—â—red again if no Body be to blame for giving it another terrible Shock § 15. Should the King be Deposed or any other ascend the Throne it will be necessary to keep a standing Army to quell such Discontents You may be a good Law-framer for ought I know but I will swear you are no States-Man this whole Section is meer Whimsey borrowed from the Dutch Design Anatomized who had the folly to talk of Governing England by an Army of Dutch and Germans but why God knows except it were because a few were brought over to deliver us and cannot presently be returned back to Holland The Prince is both a wise and a good Prince and knows the Consequence of keeping those Forces long here better than a Thousand such Law-framers Supposâ— the King should return with a Foreign Force to recover his Kingdom how ready will the Men of Conscience be and the Men of Discontent to joyn with them nay to invite him Home again This looks so like a Roman Catholick Zeal that if I were not assured he is a Church of England-Man I could not believe but it was a Disciple of St. Omers But will the Conscientious Men invite the King home again with all his Apostolick Vicars Jesuits Ecclesiasticall Judges Dispensing Power and a round Army of French Dragoons to teach us the French Faith after the French Fashion Are these the Men of Character Prudence Ability Integrity or of Conscience either Would one of the Primitive Christians have talked thus have stood for a Licinius against a Constantine Well if the King comes in a Conqueror we shall wish we had Treated Truly I shall not I had rather be forced than deceived for then I know what I have to trust to and I would not willingly be accessary to my own Ruine Well suppose this unanswerable stuff is over-voted § 17. We are to bring good proof the Prince of Wales is an Imposture or else we hâ—d better let it alone Very good the Negative is to be proved we may guess by this what kind of Laws you Sir would frame Well but if this be not done the Discontented Men will have a plausible pretence to quarrel What the Conscientious Men will do we must guess but in all probability they will not be better qualiâ—ed What if the Princess of Orange be a Lady of that eminent Virtue that she should scruple to sit upon her Father's Throne whilst he lives Well his Majesty has deserted his Throne and Kingdom when he needed not except he had pleased and some Body must sit upon his Throne though he is yet Alive Now if it be her Right after his Death why not now Our Author is at his Prayers that God would give her Grace to resist the Temptation and I at mine That the Author may never be one of her Chaplains till he is better inform'd The rest of that Section is not unanswerable but not worth answering He has all along supposed the Prince of Orange Crown'd yet in the 19th Section he proves he can have no Right to it neither by Descent nor Gift and truly I am of the same mind for many Reasons and especially for the sake of the Three alledged by him Sect. 20 21 22. and for some others too of as great weight which may be found in the Lord Virulam 's History of Henry VII And yet our Case now before us has three Difficulties that had not 1. A King living 2. A Prince of Wales true or false 3. A Nation divided in Religion to which I might perhaps add the Excessive Power of France and the Excessive Zeal of this Generation to preserve the Descent of the Crown in the
in the case of the Lawful Heirs whom every good Englishman and Protestant to their utmost Danger and Peril are ready to defend and maintain to take such Measures for our future Security and lawful Establishment as shall not by any Humane Art or Endeavour be liable to Interruption But as Precedents are least satisfactory or least confronting to obstinate Opposers where they make only for one party A Popish Sigismund deposed for Male-Administration in a Protestant Kingdom may not perhaps be allowed to carry its sufficient Justification with the Romanists and therefore the Tables ought to be turn'd and the Ballance made by Parallels of their own side the most prudent way of combating and securing a Victory in this matter being to lay the Scene of War in the Enemies Country To confute therefore and silence all the Romish Pretensions of Disgust and Murmur against the Injustice of such a Deprivation from Examples of Popish Deposals of Male-administring Protestants we 'll begin with Henry of Navarre afterwards Henry the Fourth of France The famous Holy League enter'd into by the Pope himself and so many potent Allies together with all the Romish Subjects of Franâ—e against that undoubted Heir of the Crown of France and at that time by succession the rightful King is so notoriously known to the World that all the tedious Particulars of the History would be impertinent Let it suffice here was a Prince the unquestion'd Inheritor of the Crown of France actually by all Open and Hostile Means and all such Hostility avowed and abetted and his very Birth-right fore-closed by the Pope himself opposed and denied his Accession to the Throne for no other Unqualifications but be a Hugonot that is of a Perswasion contrary to the Establish'd and Regnant Romish Religion in France being in all other Respects acknowledged a most excellent Prince Insomuch that after all other ineffectual Endeavours of recovering his Birth-right he had no means left to repeal his Exclusion and Debarment from the Throne but by his Abjuration of the Reformed Religion and return to the Romish Worship This Case of Henry the Fourth instead of a Parallel to ours does not come up to half the Justification of the present Measures of England For here was a Soveraign Prince under Deprivation for no other Default but his meer Religion for this Henry the Fourth being then but in his Entrance to the Empire if truly that was consequently yet at least whatever they might fear under no Dilemmas of the least breach of Compact with his People no Forfeitures for Male-Administration or Violation of the Laws of the Land or Rights of his Subjects their Dangers as then being only Apprehensions If therefore the meer private Opinion of a Crowned Head different from the Establish'd Religion of the Land has been of weight enough it self alone in their own Scales to oversway the Birth-Right of Princes and make a Bar to Empire and that too so solemnly confirmed and ratified even by the Sanction Apostolick the Decretals of Rome it self What Objections or Allegations can our Romish Disputants whether Foreign or Domestick make against the like Bar in Empire after so notorious an actual Male-Administration in the present Case of England such too visible Ruptures of the Laws of the Land and in defiance of all Obligations of Engagements Covenant Word Honour or OATHS themselves The next Example I shall point them to is that of the late Portuguese King who by the Ordinance of the States of Portugal ratified by the Pope's Assent was dethroned and his Brother invested with the Soveraignty and not only that but his Queen too taken from him Divorced and by a Dispensation married to his Brother The Grounds of this Deposal being only this that the King was sometimes taken with Delirious Fits. If such a Personal Infirmity was ground sufficient to displace the Crown Have not the Peopâ—e or Community of England in Convention asseâ—bled as much Right on their Side for the Deposal of a King for a far greater Infirmity of the two a more violent Madness his loâ—g tried and radicated Incapacity of being held either by the Bonds or Ties of Honour Laws or Oaths There being this infinite Difference between the Outrages of the one and the other as that a Prince so bigotted resolved for the Introduction right or wrong of his own Religion is the more Dangerous Frantick For his Superstitious Frency may push him to Violences that will hurt whole Nations whereas the Outrages of the other can be only Personal And if the Hands of the Lunatick Portuguese were thought Just to be tied up with no less Shackles than taking both his Kingdom and Queen away from him who shall Arraign the Wisdom of the English for depriving their King of his Kingdom much good may do him with his Queen under an infinite larger Capacity and more dangerous propensity to Mischief And for so doing what Warrant shall they want when the present unforced Desertion of the King and quitting the Helm has put the Power of Decision in that Point into their own Hands and lost him all Right of Appeal against the Alienation I shall venter to add one last Consideration viz. The Bull of Pope Pius Quintus against Queen Elizabeth by which the Pope deprives her of all Title to the Imperial Crown and all Dominion Dignity and Priviledg whatever declaring that all the Nobility Subjects and People of England and all others which have in any sort sworn unto her to be for ever absolved from any such Oath and all manner of Duty of Dominion Allegiance and Obedience c. and all forbidden to obey her or her Motions Mandates or Laws upon pain of Anathema Vide Bishop of Lincoln's Brutum Fulmen p. 6. I recite this unjust Deposal of a Lawful Queen by the pretended Authority of the Pope no other than to let the World know that the Romish Party have the least Reason in Nature to complain of the Deprivation of Princes They whose Infallible Guides can so insolently and arbitrarily place or displace Crown'd Heads not to mention the Illegality of the Pope's Interposition in the Affair in any kind for only acting by Law in Matters of Religious Changes for such were all Ecclesiastick Alterations of that Queen by the unquestion'd Authority of Acts of Parliament can be but ill furnish'd with Arguments against the present Deprivation enacted by the whole Community of England for such violent Measures and Foundations already form'd and begun for the subversion of Church and State against all Law. Reasons humbly offer'd for placing his Highness the Prince of Orange singly in the Throne during his Life I. IT will be a clear Assertion of the Peoples Right Firm Evidence of a Contract Broken and a sure Precedent to all Ages when after a most Solemn Debate the Estates of England Declare That the King having Abdicated the Government and the Throne thereby Legally Vacant They think fit to Fill it again with One who is
that the Constitution of the Government is dissolved for therefore is it so warily express Suâ—â— the Government 〈◊〉 the Administration It is Essential to Government to have 〈◊〉 Imperans and pars subdita and the pars Imperâ—â— failing as in our Case the Government is 〈◊〉 I that is it is dissolved so as there can be no Exercise of it 〈◊〉 it be setled again Nothing that the King can do or 〈◊〉 can do can vacate the Constitution It is That they both Derive from and bold by Only the Commuâ—ity being those as firsts made it it must be confest they can dissolve it or Change it if they think fit The King hath not yet dissolv'd it but the Convention being upon the Dissolution of the Government in the Exercise call'd this together as Deputies of the Community to set that up may do so or what is better they may confirm the Fundamental 〈◊〉 of it and mend the rest as they see good It were then Advisable both for the Honour and Safety of the Nation That the Convention did agree and declare that the Government of England be still an Hereditary Liâ—iâ—ed Monarchy with this change only that the Descent of the â—â—own be found to a Protestant This 〈…〉 Objection for ever Be it agreed and declared again that the Governmeâ—t be still a 〈◊〉 Government and that the Supream Legislative Power with all the Rights and Properties of it do and shall lie in a Parliament For Gods sake and Your Countries use your present Advantage lest you 〈◊〉 for the loss of so favourable an offered Opportunity never to be regained The Constituâ—ion I say of the Govâ—â—nment should be considered and declared and the Power of this Convention to dispose of New Goveâ—â—ours be asserted before the actual Inveâ—titure of Any be concluded if we resolve to be true Subjects of England or have any Regard to Our Selves on our Posterity in a Concern for valuable as Generations to come shall reap the Blessing of it and acknowledg the Founders FINIS A NINTH Collection of Papers Relating to the Present Juncture of Affairs in England VIZ. I. A Dialogue between two Friends wherein the Church of England is vindicated in joyning with the Prince of Orange in his Descent into England II. His late Majesty's Letter to the Lords and others of his Privy Council III. Some Remarks on the late King 's pretended Letter to the Lords and others of his Privy Council IV. Reasons for Crowning the Prince and Princess of Orange King and Queen jointly and for placing the Executive Power in the Prince alone V. A Lord's Speech without Doors to the Lords upon the present Condition of the Government VI. Reflections on a Paper called A Lord's Speech without Doors VII The Bishops Reasons to Queen Elizabeth for taking off the Queen of Scots offer'd to the Consideration of the present Sect of Grumbletonians With an Advertisement of the Learning and Rhetorick of the late Lord Chancellor Iefferies London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. A DIALOGUE between two Friends wherein the Church of England is Vindicated in joining with the Prince of Orange in his Descent into England A Dialogue between a Churchman and a Dissenter OH Neighbour I am heartily glad to see you I have long desired to have an hour's Discourse with you that I might know your Sentiments of the Present Conjuncture Dissenter Sir I thank you for my kind Reception and shall endeavour to make my Visit as agreeable as I can Ch. Well Neighbour what do you think of the Times now Diss. Why to tell you the truth I cannot but be pleas'd with the Humour of a Gentleman who died lately and injoined his Relations to bury him with his Face downward saying That in a short time the World would be turned upside-down and then he should be the only Person who lay decently in his Grave Ch. Why I must confess there has been a considerable Revolution but I hope we Churchmen have still kept up our Reputation Diss. Ay to be sure but I hear Hue and Cry has lately been sent after your Doctrines of Passive Obedience Non-Resistance Iure Divino-Monarchy c. And they say some Roguish Fellow has pack'd them up and run with them back as far as Forty one Ch. Indeed our Passive Obedience and your Addresses have been the two great Supporters of the King's Hopes but he has now found to his Sorrow that we no more designed to obey Arbitrary Commands than you Address'd for Establishment of Popery But here 's the Mischief of it you Dissenters will still Be condemning us before you have heard us either Explain our Doctrines or Distinguish the Times Diss. Come come don't tell me of Explaining or Distinguishing Honesty is Uniform and needs no such Shifts Why did you not Explain and Distinguish while the Court smil'd and you had the Whip in your hands As for our Addressing 't is plain to all the World we only designed to return the King Thanks for that Common Liberty and Ease we had from your Severities Ch. 'Pray' Neighbour be not so warm you know the Complement was attended with the Promise of Lives and Fortunes but not to be too nice upon your Good-Breeding in the Case lend me but a little Patience and I 'll demonstrate to you that the Proceedings both of our Clergy and Laity in this late Revolution have been consonant to their former Doctrines Reason it self and the Constitution of this Kingdom Diss. Well I commend you at least for fair Promises I wish you perform them better than a Great Man before you has performed his Ch. That I shall leave to the Judgment of the Impartial But first of all I must crave leave to tell you That I shall not here undertake to defend the extravagant Notions of every Upstart who through Prospect of Advantage might flatter the Court with his own Chimaera's But by the aforesaid Doctrines I mean those generally preached up by the Learned and unbiass'd Clergy and approved of by all the thinking Men of our Church Diss. I must confess I cannot expect you should defend the Excesses of every Novice but I can by no means reconcile these late Proceedings to those Doctrines which were Asserted by the most Learned of your Clergy Ch. Which therefore of our Doctrines would you insinuate to me Diss. Why in short to see a Company of People up in Arms and joining with an Invader who had so Zealously Asserted Passive Obedience Non-Resistance c. and had taken several Oaths disabling them upon any Pretence whatsoever to take up Arms without the King's Order c. This I say is a Riddle to me Ch. Your Objection I confess is weighty though obvious and the common talk but being prepared by many Premeditations on this Subject if you please to lend me a little Attention I shall endeavour to satisfy your Difficulties Diss. 'T is what my Charity much desires Ch. First
at any time it may serve his Purpose from whose Hands a Soveraign Prince an Uncle and a Father could meet with no better Entertainment However the sense of these Indignities and the just Apprehension of further Attempts against Our Person by them who already endeavoured to murther Our Reputation by infamous Calumnies as if We had been capable of supposing a Prince of Wales which was incomparably more injurious than the destroying of Our Person it Self together with a serious Reflection on a Saying of Our Royal Father of blessed Memory when He was in the like Circumstances That there is little distance between the Prisons and the Graves of Princes which afterwards proved too true in His Case could not but persuade Us to make use of that which the Law of Nature gives to the meanest of Our Subjects of freeing Our selves by all means possible from that unjust Confinement and Restraint And this We did not more for the Security of our own Person then that thereby We might be in a better Capacity of transacting and providing for every thing that may contribute to the Peace and Settlement of Our Kingdoms For as on the one hand no change of Fortune shall ever make Us forget Our Selves so far as to condescend to any thing unbecoming that High and Royal Station in which God Almighty by Right of Succession has placed Us So on the other hand neither the Provocation or Ingratitude of Our own Subjâ—cts nor any other Consideration whatsoever shall ever prevail with Us to make the least step contrary to the true Interest of the English Nation which We ever did and ever must look upon as Our own Our Will and Pleasure thereof is That you of Our Privy Councel take the most effectual care to make these Our Gratious Intentions known to the Lords Spiritual and Temporal in and about Our Cities of London and Westminster to the Lord Mayor and Commons of our City of London and to all Our Subjects in general and to assure them that We desire nothing more than to return and hold a Free Parliament wherein We may have the best Opportunity of undeceiving Our People and shewing the Sincerity of those Protestations We have often made of the preserving the Liberties and Properties of Our Subjects and the Protestant Religion more especially the Church of England as by Law establish'd with such Indulgence for those that dissent from Her as We have always thought Our selves in Justice and Care of the general Welfare of Our People bound to procure for them And in the mean time You of Our Privy Councel who can judg better by being upon the place are to send Us your Advice what is fit to be done by Us towards Our returning and the accomplishing those good Ends. And We do require you in Our Name and by Our Authority to endeavour so to suppress all Tumults and Disorders that the Nation in general and every one of Our Subjects in particular may not receive the least Prejudice from the present Distractions that is possible So not doubting of your Dutiful Obedience to these Our Royal Commands We bid you heartily Farewel Given at St. Germans on Laye the 4 4 Ianuary 1688 9. And of Our Reign the fourth Year By his Majesties Command MELFORT Directed thus To the Lords and Others of our Privy Councel of Our Kingdom of England Some Remarks on the late Kings pretended Letter to the LORDS and Others of his Privy Council IT begins thus My Lords When we saw that it was no longer safe for us to remain within our Kingdom of England c. His Majesty would have given great Satisfaction to the World in discovering where the Danger lay in tarrying here from whom and for what cause He is pleased to say farther We now think fit to let you know that though it has been our constant care since our first Accession to the Crown to govern our People with that Iustice and Moderation as to give if possible no occasion of Complaint c. I do not understand why his Majesty would not let us know these his Gracious Intentions before when they might have done Himself and Us Good. But quid verba audiam cum facta videam to what purpose are Words when we see Facts And as to his Moderation I appeal to the Pope himself or the French King who chiefly blame him for his Rashness and want of Temper and as for his Justice among a thousand publick Instances to the contrary he should remember his discountenancing and turning out of their Employments all such as would not enter into his Idolatrous Worship and comply with his illegal and arbitrary Designs Besides what Justice can Hereticks expect from a Prince who is not only a Papist but wholly devoted to the Order of the Jesuits and values himself for being a Member of those Reverend Cut-throats Yet more particularly upon the late Invasion seeing how the Design was laid and fearing that our People who could not be destroyed but by themselves The Design was to preserve the Nation from falling under the cruel Dominion of the French and to keep our selves from being dragg'd by the Hair of the Head to Mass and from undergoing all those Miseries which those of the same Religion and for the same Cause have endured now lately in France and Savoy To prevent so great a Mischief that is to say destroying our selves and to take away not only all just Causes but even Pretences of Discontent We freely and of our own accord redrest all those things that were set forth as the Causes of that Invasion I appeal to the common Faith of Mankind touching the Insinserity of these Words whether if this Invasion had not been these and worse Grievances had not followed And that we might be informed by the Counsel and Advice of our Subjects themselves which way we might give them a further and full Satisfaction We resolved to meet them in a Free Parliament c. The late Kings of England have been as desirous of a Parliament as Popes of a Free and General Council there being nothing they have more studiously avoided and greatlier feared But the Prince of Orange seeing all the Ends of his Declaration answered the People beginning to be undeceived and returning apace to their ancient Duty and Allegiance resolved by all possible means to prevent the meeting of the Parliament c. How far the Prince of Orange has been from preventing the meeting of a Parliament we need only consult our senses The hurrying us under a Guard from our City of London whose returning Loyalty we could no longer trust and the other Indignities we suffered in the Person of the Earl of Feversham when sent to him by us and in that barbarous Confinement of our own Person we shall not here repeat Do's any Man think the Prince of Orange would have had the same gentle Treatment from the King had he been in like manner under his Power And as to the
this if we come not to a juster temper God defend us and our Children after us from the ill Consequences of what has been done and prevent the rest Had we imbraced the happy Providence of his Majestyes return we might have improved it that the Children unborn should have blessed us Then we had reformed safely for by joyning Title to our Actions we had made them legal This we should have had from his Majesty or a plain denial which would in some measure have excused so rare and unusual an Enterprise Nor can I comprehend which way it is possible to guard the Prince's Honour but by doing his Majesty Rights for your Lordships may please to remember that in the Memorial of the States that was printed among us which they gave to all the publick Ministers at the Hague to justify their lending the Prince their Forces upon this Expedition they do expresly say It was upon condition not to dethrone the King or alter the Succession and in my Opinion we are in the high way to both My Lords we are Protestant Christians as well as Peers of the Realm and are now upon our Religion and Conscience as well as Honour to do right Let us so act as we can answer it to God and Man and not stumble at Straws and leap over Blocks Errors cannot be corrected by committing greater nor one part of the Government be mended by beating out another to do it I need not tell your Lordships that by our Laws Kings cannot err and therefore they are not accountable but their Ministers are without whom a King cannot perform any Act of Government which is the reason of the Maxim and therefore let them be punished that the Law only makes guilty This our wise Ancestors contrived to save the Head of the Government whole and to prevent the Confusion and Disorder that might otherwise be apt to attend the Form of it nor is it indeed a thing that ought to be indured by us Peers to suppose that he that raised us so high could be for any Reason thrown by us so low My Lords Let us limit the King if you please but not renounce Him there is a difference between restraining and destroying Him. What need of such extraordinary Remedies since that which secures the Government under one King will do it under another Popery it self can never come in but over the Bridg of Despotick or Absolute Power and if we can secure our selves from that we are as safe against Opinion as against Ambition and till we are so by an Amendment of our Constitution we are exposed to the meer good Nature of the Prince in Possession whoâ—ver he be And to render what I have said to your Lordâ—hips not unreasonable and what I have to move your Lâ—rdships to in the close of my Speech not ungrateful â— beseech your Lordships that we may cast up our Account â—nd see how our Loss and Gain stands so far as we have gone in our late Change. â—e have lost a lawful King and got an unlawful Protector as our Law stands we have missed a Legal and a Free Parliament and have got a Convention that cannot make Laws nor call a Parliament that can but what will need a Confirmation from a better Authority We have lost the Reputation of keeping our Faith with Hereticks by breaking our solemn Oaths with our King in the time of his Extremity because we thought him such though he gave us leave to lay down our Commissions that we might not have the Temptation or occasion to betray Him But we have got the Reputation of good Protestants by it though I fear not of good Men in that some of us have not only not shown our selves religiously concerned for our Religion but in some respect not honestly that besides a thousand personal Immoralities could press Advance Mony from the King over-night to bear the charges of disserting Him next day against our warm and repeated Vows to take his Fate and dâ—e at his Feet and that any of us should be sainted for this Treachery and numbred among the Heroeâ— for our running away cannot surely be the Lords doing let Dr. Burnet say what he will and yet it is very marvellous in some Mens Eyes for all that These are the Sparks my Lords that hunt the poor Kings Blood though we know they had hardly had any in their Veins but for his Bounty and yet are the Favorites of the Reformation For Christ's sake my Lords let us not at this rate christan Villany and rank Dishonesty among the Graces Popery it self could not have done more and it is certain we are even with the Papists now to all Intents and Purposes This is not all our Loss we have rebelled against the fifth Commandment also Honour thy Father and though we have got that of leaving Father for the sake of Religion we could have but little Religion to do it in such a manner to so affectionate a Father nor did it lessen the Error to have a Church of England Apostle to be Captain of her Life-Guard in his blew Coat and Iack-Boots and an arrant temporaâ— Sword in his Hand to defend natural Affection and passive Obedience This was an odd sort of Compliance with our Saviour's Command to put up his Sword as one of St. Peters Successors My Lords I mâ—st not stop here we thought we had been rid of 〈◊〉 Souldiers but find we have got as many Papists in our Dutch we had in our English Army Now it is plain that either all â—â—pists are not alike and then the Danger we have apprehended from Papists is not universal as we have affirmed but that they are to be lived with since we are to be saved and guarded from the Danger of Popery by them or we have ill luck to think we can be safe from that Religion by those that are of it because they are Dutch-men My Lords I am sorry we can take such Pleasure to see Strangers tread our Courts pray God it does not show the way to other Countries to take their turns But that a Dutch Papist should be so harmless a thing with us that though no Papists could be so shows our Contradictions to a Madness I know not how well our Souldiers like to give way to Dutch-Men that though they had purchased a Preferance to Strangers at a dear rate but it is the justest thing in the World upon them that the Prince should distrust those to guard him that had betrayed their own Master that loved them to a fault they may serve to be sent for Holland to be knookt on the Head in the Dutch-mans quarrel but never to be trusted at home though they have given up their Quarters with their King to Foreigners so that the Proverb is true upon them they have hereby brought their Noble to Nine-pence Yet to be just I must confess it is a Reproach due to their Officers and not all of them neither and time may give
Skill and Honesty rightly to improve this critical Opportunity but if we shall either let it slip or abuse it we may in vain hereafter wish that we had been wise in time and have cause to repent of our Error when it will be too late to correct it What we do now will transmit its good or ill Effects to after-Ages and our Children yet unborn will in all probability be happy or miserable as we shall behave our selves in this great Conjuncture They are likely to enjoy their Religion Laws and Liberties according to the old English Standard if we shall now take the right course to secure them But if we do ingage in wrong Counsels and build upon false Foundations instead of a Blessing we may leave a Curse to our Posterity and entail upon them Popery Slavery Arbitrary Power and all the miserable Consequences of a divided Kingdom which as sure as the Word of God is true can never stand Let us not therefore be too hasty but pause a while let us make a stop look about us and consider First What we have done Secondly With what Intent we did it Thirdly What it is that some Men would be at And Fourthly Whether we can in Honour and Conscience join with them in the Designs now in hand I shall confine my self to these Heads But here before I enter upon any of them I shall take it for granted that the Prince of Orange hath done a great thing for us and under God hath wrought such a Deliverance for the Nation as ought never to be forgotten and can never be sufficiently requited He must be mentioned with Honour and Gratitude so long as the Protestant Name shall be remembred He came not as the antient Romans and Saxons to conquer and lead in Triumph after him our Religion and Laws our Lives and Liberties but to defend preserve and secure us in them all To this end he undertook this dangerous and chargeable Expedition which hath hitherto proved as much to our Advantage as it will be to his lasting Reputation What he has done argues that he is moved by an higher Principle than any this World affords and can overlook his own Ease and Security when the Publick Good and the Concerns of Christianity require his seasonable Assistance I could easily make a Panegyrick upon his Vertues and equal him to the most famous Grecian or Roman Captains but I need not set forth his Praises which do so loudly and yet so silently speak for themselves I need not draw any tedious Parallels betwixt his Highness and the Worthies of other Ages since I am I question not herein prevented by all who have read the History of former Times and are Witnesses of what he with so much Courage Mildness and Prudence hath done in this 1. Things prospered so well under his Conduct that all of us were ready to submit our selves to his Direction and come under his Protection as the Tutelar Genius of the Nation The Effects of his Enterprise have been so strange so wonderful and surprising that had we not seen we should scarce have believed them As soon as the Prince was landed with what Joy and universal good Wishes was the News received How forward were all sorts of People to declare for his Highness How willing were they to lend him an helping Hand for the accomplishing his great Work How did we all generally concur and unanimously agree to forget our Obligations to our Sovereign and assist the Prince rather than the King against our selves and his own true Interest Nay the Army it self soon began to go over chusing rather to he under the imputation of Cowardise and Disloyalty which yet a true English-man had rather die than really deserve than to be instrumental in enslaving their Native Country and bringing it again under the Papal Yoke In short all Orders of Men Ecclesiastick Civil and Military had their Eyes fix'd upon the Prince of Orange as their Common Deliverer were resolved to espouse his Cause and accordingly after the King was withdrawn did put the Regal Administration into his Hands 2. So far we have gone this we have done and we hope that the case being extraordinary and Necessity giving a Dispensation the Intent of our proceeding will at least excuse if not justify us if we have not kept our selves within the Common Laws of Action For let every Man lay his Hand upon his Heart and seriously ask himself for what Reason and with what Intent he became a Party in this general Defection Was it utterly to ruin the King and subvert the Government Was it because he was displeas'd with the ancient Constitution and had a mind to mould and fashion it to his liking Was it because he had an Intent to shake off the Government that easy equal and well-poised and never-enough to be commended Government as King CHARLES I. calls it of the English Nation Was it any honest Mans meaning to subvert this Government to make way for his own Dreams of some Poetical Golden-Age or a Fanciful Millenium Was it let me ask again to divest the King of all Power to protect his Subjects and then to pronounce roundly that all the Bonds of Allegiance to him are dissolved Was the end of our uniting together to bind his Hands and then prick this Doctrine upon the points of our Swords Protection and Allegiance are Duties so reciprocal that where the one fails wholly the other falls with it Was it to frighten the King out of his Dominions and then to vote that he hath Abdicated his Government Was this the Intent and were these the Reasons of our Declaring for the Prince of Orange No certainly whatever some obnoxious and ambitious Men might aim at all good Christians and worthy Patriots had other Intentions and were led on by other Motives They were sensibly concerned for the Preservation of their Holy Religion in the first place their Lives their Laws and Liberties in the next After the way which some call Heresy so were they desirous still to worship the God of their Fathers And after that manner which some might say was Rebellion so they thought themselves oblig'd to stand up for the Laws and Liberties of their Forefathers For these Ends and for bringing about these worthy Purposes they withdrew themselves from the Kings personal Service that they might be the better enabled to serve his real Interest They hoped by this means to deliver him from his evil Counsellors and secure both him and his Subjects from the evil and pernicious Practices of some wicked and unreasonable Men. 3. These and such like were the Inducements which prevailed with all well-affected and honest Men to withdraw from his Majesty and suspend the actual Exercise of their Allegiance for the present that they might afterwards exert it according to the fix'd and stated Rules of Law Conscience and right Reason But now how contrary is this to those new Models which some politick Architects are
matter of Fact doth not back and maintain them And this is an Advantage which I would not have us give our Adversaries in these things no more than we have done in the matters of Dispute betwixt them and us Here we have proved all our Charges against their Religion let us therefore prove or else not so eagerly insist upon these Accusations brought against their Persons I shall add nothing further but my real Wishes That I could tho with the loss of all that 's dear to me in this World contribute to the utter Exclusion of Popery by all lawful means and I do and shall always pray for a Blessing upon their Designs who sincerely endeavour to procure a Settlement of the Religion Liberties and Properties of the Subjects upon so sure a foundation that there may be no danger of the Nations relapsing into the like miseries at any time hereafter Some short Notes on a Pamphlet entitled Reflections upon our late and present Proceedings in England A Man must read much of this Author 's profound Work before he can fathom the Depths of it and find what his Design is or whether indeed he has any Design at all unless it be that of making a Book He tells us at length after much Strugling and a tedious Repetition of what every body knows perhaps better than himself That all Orders of Men Ecclesiastick Civil and Military did put the Regal Administration into the Prince of Orange's Hands and that the Intent of our Proceedings will at least excuse if not justify us I would have this knowing Gentleman inform the World into what Hands the Regal Administration could be better put And if the Nation could not do better whether this their Action does not justify it self But says he a little above How did we all generally concur and unanimously agree to forget our Obligations to our Soveraign And in Page 4 he tells us That the Prince of Orange hath done a great thing for us and wrought such Deliverance for the Nation as ought never to be forgotten and can never be sufficiently requited I do not at all doubt but this Gentleman can more easily write half a dozen such Books as this is than reconcile these notable Passages He acknowledges we have been rescued out of the Hands of him that hated us and would have destroyed us without a cause and yet reproaches us with forgetting our Obligations to our Soveraign In Page 5. he has this sharp Question Let every Man ask himself for what reason he became a party in this general Defection Was it to divest the King of all Power to protect his Subjects c. To repeat these Absurdities is a sufficient Answer to them And then again in the next Page That whatever some obnoxious and ambitious Men might aim at all good Christians had other Intentions They were sensibly concerned for the Preservation of their Holy Religion in the first place Their Lives their Laws their Liberties in the next And after the way which some call Heresy so were they desirous still to worship the God of their Fathers and after that manner which some might say was Rebellion so they thought themselves oblig'd to stand up for the Laws and Liberties of their Forefathers What measures of Obedience this Man is for and what he would have us to do or not to do I am not able to divine from his Book for he seems to dislike in one place what he approves in another But he tells us in Page 6 7 of his Fears of the Government being undermined both in Church and State and that he shall be reduced to the Dutch or some other foreign measures which can never be well received in England till an Act be past to abolish Monarchy Episcopacy c. If this Gentleman's Distractions be not so great as to hinder him the use of his two chief Senses he may now perceive that his Fears are as vain as others perceive his Reasoning to be But in Page 8. he states a notable Question for he supposes his Father to be as churlish as Cain and as poor as Job and yet maintains he is his Father O admirably put But what 's this to a King 's apparent Design of ruining and enslaving a People who have the same both Natural and Civil Right to their Lives and Liberties as he has to his But shall we run says he into Popery and perhaps Slavery too and is not the Deposing a Popish Doctrine p. 11. and as for Slavery Must not a standing Army be necessarily kept up to maintain a Title founded only on the consent of the fickle and uncertain People If the Lords and Commons of England are this fickle and uncertain People I know not where our Author will find more substantial Folks unless he fancies they are to be met with amongst the Mobile And as to the Popish Deposing Doctrine I have already shewed our case comes in no sort near it for the late King's Religion did not hinder his possessing himself of the Throne neither was that the Cause of his leaving it for he might have enjoyed it and made the best of it as to himself in all Freedom but he thought it beneath him to stop here and not impose his false Worship on all his Subjects trampling all the Laws of the Kingdom under his Feet and thereby claiming not only an absolute Empire over the Bodies but the Minds of his Subjects Our Author likewise shews himself a notable Well-wisher to our Religion and Liberties when he represents a standing Army page 11. in the present Exigency of Affairs to be such a Grievance and that too under a Prince who has not been only born and educated in the greatest Aversion to Popery and the only Prince uncorrupted by the French King but whose Genius and Interests do every ways so answer the Necessity of our Nation that we have no other cause of Fear or Trouble but at the sense of our own Unworthiness of so great a Blessing He seems in p. 12 and 13 to be in great Labour left the Prince of Orange should make himself a King contrary to the express Terms of his Declaration and Pretences of coming over here To which may be answered that he has in no sort violated that Declaration for he did not thrust himself into the Throne and as to his being so now both de jure and de facto this being a matter decided by the Justice Wisdom and Supream Authority of the Nation it 's foolish Presumption and no less conceited Ignorance for any private Person to argue it Our wise Author seems to be moreover concerned and greatly troubled at the Effects produced by the third Declaration for he says It did more harm to the King's Affairs than all the other Papers publisht at that time whence he concludes its plain that Sophistry and Tricks are made use of if they will but do the Business What would this Man have would he have both to
notwithstanding any want of thâ— Kings Writs or Writ of Summons or aâ—y defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29 th of December next following and made in all thirty seven Acts as aboâ—e mentioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil sit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruin of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Forreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Mony and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely â fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by virtue of the Writ so they did freely by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleadings after will not make it good but Judgment given may be Reversed by a Writ of Error Answ. The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have an Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such Plea therefore none lies Object That they have not taken the Test. Answ. They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ. The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND being a Model or Draught for the Universal Accommodation in the Case of Religion and the Bringing in all Parties to Her Communion Humbly presented to the Consideration of Parliament WHereas there are several parties of Christians in the Nation who must and will ever differ in their Opinions about the Church and Discipline of it in the Question which is of Christ's Institution it is not our Disputes about the Church â—s Particular which are rather to be mutually forborn and every party left herein to their own Perswasion but a common Agreement in what we can agree and that
is in the Church as National must heal our Breaches The Catholicks are for one Universal Organical Church throughout the World whereof the Pope is Head according to some and the Bishops Convened in a General Council according to others That there is a Catholick Church Visible on earth as well as invisible whereof CHRIST is Head who was on Earth and is now Visible in Heaven is past doubt also with Protestants But that this Church is Organical and under the Government of a Monarchy by the Pope or of an Aristocracy by a General Council it seems a thing not possible in nature because neither can any Oeâ—umenical Council ever be Called or any One Man he sufficient to take on him the Concernmenâ—s of the whole World. A Political Church is a Community of Chrisâ—â—ans brought into an Orber of Superiority and Inferiority by an Head and Members organized for the Exercise of that Government which is proper to it but the whole Earth is not capable of any such Order And Councils therefore which are gather'd out of several Countries or of Bishops belonging to more Dominions than of one Supreme Power may behad for mutual Advice and Concord but not for Government A Nation Empire or Kingdom which consists of one Supreme Magistrate and People who are generally Christians are capable of such an Ecclesiastical Polity and a National Church Political in England is to be asserted and maintained The Church of England then is a Political Society of all the Christians in the Land united in the King as Head and organized by the Bishops for the executing those Laws or Government which he chooses for their spiritual Good and the publick Peace There is this difference between a Church National the Church Catholick and Particular Churches The two latter-are of Divine Right and Essential Consideration but the former is and can be only of Humane Institution for it is manifestly Accidental to the Church of Christ that the chief Magistrate and the whole People should be Christian. Distinguish we here of the Government of the Church as Internal belonging to the Spirit and External which belongs to Men And of the External Regiment thereof which is either Formal belonging to the Ministers or Officers of Christ or Objective belonging to the Magistrate the one being only by the Keyes the other by the Sword. Whether the Community now of Christians in England may be accounted a National Church in respect to any Formal Government of it we leave for dispute to others let them judg according to the foregoing Definition of a Political Church But that the main Body of the Nation are or may be constituted a proper Political Church National in respect to that External Objective Regiment which is or should be exercised by the Bishops as the proper Organs thereof under the King is what we hold reasonable and would lay as the Foundation-Stone of Peace in the matter of Religion between all Persons in the Kingdom Let the Parliament therefore we have be heartily for the Publick Good and thriving of England which must and can be only by an entire Liberty of Conscience in opposition to the narrow Spirit of any single Party or Faction and when such a Parliament as this shall set themselves about the Business of Union to purpose a Bill should be brought in Entituled An Act for declaring the Constitution of our Church of England A Parliament is the Representative of the whole Nation and no doubt but by Consent and Agreement they might upon the account mentioned Make a new Constitution and much more may they Declare the Constitution of it It should be declared then in such a Bill or Act that the Church of England consists of the King as the Head or pars Imperans who is to give Laws thereto and all the several Assemblies of Christians which he shall tolerate as the pars subdita or Body Some Discrimination between the Tolerable and Intolerable is indeed never to be gainsaid by any wise and good Man unto whom there is no Liberty can be desirable which is not consistent at least with these three things the Articles of our Creed a Good Life and the Fundamental Government of the Kingdom It is not for any private persons but a Parliament to prescribe the Terms of National Communion But we would have all our Assemblies that are Tolerable to be made Legal by such an Act and thereby parts of the National Church as well as the Parochial Congregations The Church here therefore must come under a double consideration as the Church of Christ and as the Church of England Take the Church as the Church of Christ and there must be as we have said at first endless Controversy about this point who are the true Members of it but take it under the consideration as National and there will be none at all for those must be Membâ—rs whom the Head by a Law does allow to be parts of the Body and the King under this notion only is made Head of the Church by the Stature that is as it is called Ecclesia Aâ—glicana The Protestant Dissenterâ— of all sorts as well as the Conformists will acknowledg the King to be Supreme Coercive Governour over all Persons and in all Causes Ecclesiastical and Civil throughout his Dominions And will not those who are Roman Catholicks do the like Did they not do so in Henry the Eight's time when they were generally such Again the Dissenters of all sorts even the Congregationalists of every Sect are ready to submit to any power legally derived from the King and upon such an account will admit of a superintendency of the Bishops as Ecclesiastical Magistrates under him when they cannot own any Authority that they have over other Ministers from Iesus Christ and will not Papists also be subject to all Authority that is exercised legally in his Name howsoever they may question the Spiritual Title of the English Clergy and their succession We would have the Bishops then qua Bishops as distinct in Office from Priests declared no other than the King's Officers whose power is but Objectively Ecclesiastical and to act Circa Sacra only by Vertue of his Authority and Commission As Iehoshaphat did comit the Charge incumbent upon him as Supreme Magistrate in regard to all Matters of the Lord unto the care of Amariah being Chief Priest and in regard to the King's Matters unto Zebadiah being as the Chief Iustice of the Realm so should the Diocesian Bishop be in our Ecclesiastical as the Judges are in Civil Matters the Substitutes altogether of His Majesty and execute his Jurisdiction This is indeed at State point which was throughly canvased by Henry the Eight whose Divines did agree on two Orders alone Priest and Deacon to be of Divine Appointment and that the Superiority of a Bishop over a Presbyter or of one Bishop over another was but by the Positive Laws of Men only as appears in that Authentick Book then put out entituled
The Necessary Eruâ—ition And consequently that the Bishop could not have or exert any Jurisdiction over the Subject unless warranted and derived from the King without danger of a Premunire which made Bonner wiâ—h others hold his Bishoprick by Commission Upon this ground if it should please His Majesty to chuse some persons of the Dissenters to this Office authorizing them to it no otherwise than by a like Commission which they should also hold with the Judges quam diâ— se benâ— gesseâ—unâ— As none of them could scruple then the acceptance so must a Union from that day forward commence in England especially if he would not leave filling up the Vacancies that fall with such till they in some measure equal the Conformists We are sensible unto what Distress the Ministers of a Particular Congregation of all sorts may be brought in the exercise of Discipline over some potent turbulent and refractory Members and what relief he might find in such an external Ecclesiastical Officer as this We are sensible how many inconvenices of Congregational Episcopacy may by this means only be saved Their work in general should be to supervise the Churches of all parties in their Diocesses that they walk according to their own principles in due Order agreeable to the Gospel and the peace of one another And more particularly in the observance of all Laws and Limitations Rules or Canons which the King as Supreme Head shall by advice of a Convocation oâ— the consent of his three Estates in Parliament make on purpose and impose upon them with respect both to the publick Emolument and the safety of his own Person Dignity and Dominions For example suppose this to be one Canon or Injunction That no Novice but such as are Grave Men only among the Sects be admitted to be Teachers Another this That the doors be kept open in all Conventiâ—les for any that wilâ— to come in and hear that no Sedition be there hatched or broached There are such and many the like Impositions may be found very fit to be laid on some Persons not needful for others and it is Time and the Trial and Experience which must be the Mother to bring them forth and cultivate them after to their best advantage To the making such Canons we humbly motion a third Clerk for the Convocation to be added to the two in every Diocess and chose out of the Dissenters with indifferent respect to all sorts of them that mutual Satisfaction and Concord my thereby be prosecuted with unanimity of Heart and Good will throughout all the Churcheâ— And the two Provinces of Canterbury and York should unite in this Convocation for the making them one National Church and not two Provincial ones in a diverse Assembly By this means shall one Organ more be added to this great Political Society for deriving an influence from the Head to these parts of the Body as well as others which now seem neglected and to have no care taken of them The more especial business of such an equally Modell'd Convocation should be the revising the Book of Canons for the reversing the main body of them having been fitted to that narrow scantling which is unworthy the Church of England and for the leaving only those and making new as we have exemplified in one or two for instance-sake even now which do and will suit to that larger Constitution thereof intended by this Paper And having now said thus much for Explanation of this Design we must say some little also in favour of it The Design of such an Accommodation as this shall advance not lessen the outward power and honour of the Bishop extending it over those who before had no conscientious regard for their Function while yet it would ease them of the tremendous burden of such a Cura Animarum they take on them otherwise as must be of impossible performance This Design which is suppos'd to find us in our Divisions and not to make any shall by little and little with God's blessing on it cool Animosities and enkindle Charity and Holiness among all parties which now is so much wanting while those that are Catholicks and those that are Protestants and much more those that are Conformists and those that are Nonconfrmists do agree in the substance of one Christianity having the same Scriptures the same Articles of Faith in the three Creeds and the same Rule of Manners in the Decalogue There is one Body one Spirit one Lord one Faith one Baptism They cannot indeed have both Communion in the same External Worship but they can have it in the Internal Adoration of the same blessed Trinity and in One Hope of our calling unto eternal Life through Christ Iesus They must separate into several Congregations but there shall be no Schism in the Body by this means for all that For as while the Supreme Power allows only the Parochial Meetings as established by Law it hath bin accounted Schism to go to Separate Assemblies So if the Scene be altered and these Separate Congregations be also made Legal this Schism or Mens being called Schismaticks in that regard must vanish and be at an end Indeed these divers Congregations will Accuse one another as guilty of Sin and Schism before God for each separating from the others Communion and threaten his Judgment but so long as there is no separating from the Church whereof the King is Head while he tolerates the Meetings of both and makes them parts of it as National there shall be no prosecution of Law against any but all quiet as fellow-Members upon that account Only as to the Roman Catholicks it is not indeed for them to imagine that a Protestant King and Parliament should allow of their Mass in Publick as they do of the Service-Book This were not to tolerate the Papists but to set up Popery whereas the Determining what is to be permitted to one Party and what to another so as no Detriment may be brought to the Church or State and no Sin or Guilt upon the Nation by that permission is a nice thing and the business of this Parliament There is one Motion farther should be added and that is for another Bill also to be brought in to take away Pluralities which is the Pest of our present Conforming Clergy I mean both of Livings and Dignities impartially to this end that the King may have wherewithal to engage those he receives into the Church thus enlarged and consequently restores to their Labours by this Accommodation for that is a thing will make the favour indeed significant to such persons I will conclude with one Argument for what I have proposed There is no power given upon Earth for any Man to command that which he in his Conscience does judg to be Sin. Non datur potestas ad malum But to conform in all things to the present Church according to Law is Sin in the judgment of Dissenters Catholicks and others and the Late King was a
as the Discusser imposes upon the World. Besides the many Instances in History of several Princes who have forfeited their Succession and consequently their Title to the Crown for revolting from the Establish'd Religion of the Realm But says the Discusser for I look upon his Friend and Him to be all one and that he does but put the Question with one side of his Mouth and answer it with the other I had thought our Laws as well as our Religion had been against the Deposing Doctrine That 's not the Question but whether a Prince may commit those Miscarriages in Government whether he may not so far peccare in Leges Rempublicam as to incur the Forfeiture of his Regal Power and whether a Prince may be allow'd to subvert the ancient Constitutions and Religion of a Nation and yet be said to be the Lawful King of that Realm These are the Questions For theâ— it is not the Law that deposes him nor the Religion that justifies it But it is He that deposes Himself 't is the bad Advice of Evil Counsellors to which he Listens and which he follows to the ruin of the Kingdom contrary to the Original Contract between Princes and People grounded upon the Foundations of all Original Government I say 't is that Adhering to Evil Counsel which deposes a Prince by degrading him from a Lawful King to an Unlawful Tyrant and renders him Liable to the Animadversion of the Law and the impeachments of the oppress'd and injur'd People To assert otherwise were to deprive all National Law and Religion of their self Defence which is against all the Law and Religion in the World. I am apt to believe that Christ himself had no very good Opinion of the lawfulness of Herod's Regality when he sent him that Message Go tell that Fox Herod Which I look upon as a Deposal and Degrading of that Arbitrary Prince by the Founder of our Religion in his own Breast and Judgment though he forbore the Execution of his Celestial Power And therefore it is not the Error of Religion but the Fault of those that do not well distinguish that Religion suffers in her Doctrines For only he who governs according to Law is a King he that endeavours to subvert the Law is none Nor is every rambling and precipitate Brain to be Judg of this neither but the Solid Law and fundamental Constitutions of the Realm So that the Country Gentleman was mistaken in his Thoughts both of our Laws and our Religion However the pretended Scrupulous Country-Gentleman desires the Discusser to expound the State-Riddle of the Vacancy and to give him the Ground of the late extraordinary Revolution To which the Discusser gives no direct answer at present but desires his Friend to take notice That the Gentlemen of the Convention who declar'd a Vacancy in the Government lay'd the main Stress of their opinion upon the King's withdrawing himself For that since the Story of the French League and the Business of the Prince of Wales were pass'd over in silence most Men believed that the pretended Breach of that which they called the Original Contract was no more then a popular Flourish All which is such an imperfect peice of Incoherence that none but a madman would have thrust in by Head and Shoulders as the Discusser has done For how can it be inferr'd that the Breach of the Original Contract should be a Popular Flourish because the Clandestin League and the False Birth are hitherto pass'd over in silence As for the surreptitious Birth one would think it was sufficiently dilated upon in the Declaration of the Lords and why it is not farther brought upon the Stage there may be several Reasons given and among the rest because it may be thought that the Imposture will vanish of it self and so there will be no need of casting an Eternal Blot upon the memory of them that contriv'd and own'd it Then for the Clandestin League it Suffices that there is apparent Proof of it in Bank. But to call the Breach of the Original Contract pretended and a Popular Flourish is a yerk of Malitious Reflection which only serves to expose the Discusser to Publick censure For as there is nothing more certain then that there is an Original Contract between the King and People of England the Breach of which has cost the Effusion of so much Blood so is it as certain that that Original Contract was never so infallibly broken then it was of late Which as it is allow'd by all the Laws of God and Man to be a sufficient ground to seek a Remedy so was nothing more vigorously urg'd by the Convention Which might have convinc'd the Discusser that they did not pretend it for a popular Flourish But now lest the Country Gentleman should be shogg'd by seeing the Votes of so considerable a Meeting debated by a private Hand the Discusser reminds him That a Parliament and a Convention are two different Things The latter for want of the King's Writs and Concurrence having no share in the Legislative Power But the Discusser forgets that it was only a Convention of Lords that sent to Richard the Second to meet them at Westminster which the King at first promis'd to do but upon altering his Mind sent him another peremptory Message that if he would not come according to his Promise they would chuse another King and then proceeding farther according to that Power they had expell'd against the King's Will several of his chiefest Favourites from the Court constrain'd others to put in Sureties to appear at the next Parliament and caus'd several others to be arrested and committed to several Prisons If a Convention could do this where the King was present what signifi'd the Writs and Concurrence of an absent Prince Nor did they contend for Legislative Power but only met in a kind of embodied Dictatorship to take care of the present Necessity of Affairs But this says the Discusser was not justifiable for that the Nenessity which they pretended was either of their own making or of their own submitting to which is the same Thing But this is all Nonsence For if the Necessity was of their own making then were the Lords and Commons the Authors of all the Miscarriages which they laid to the late King's Charge If of their own submitting to then would they never have call'd out for succour and crav'd Relief from their Oppressions No They were those crying Grievances sum'd up in the Declaration of the Lords Spiritual and Temporal and Commons assembl'd at Westmister presented to their Present Majesties upon the Twelfth of February Last which when the late King could not justify them by force of Arms but fled for it not being able to answer his endeavours to subvert and Extirpate the Protestant Religion and the Laws and Liberties of the Kingdom put them to that necessity of assembling after an Unusual Manner to provide for the Common Safety How ever the Discusser will have it a
Prince of Orange was a Foreign Prince Will you be pleased in answer to this to fix your Thoughts upon that of the great Apostle St. Paul he is excepted that put all things under him So here without Question the King may divest himself of all Authority and Power and when this is done the Obligation ceaseth as if he were really Dead The Preface to the New Oath is not an authoritative Abdication but rather a Declaration of Matter of Fact that the late King Iames hath abdicated So that in fine the main of the Controversy lies here Whether the late King did abdicate For if he did without all Question the Obligation of all Oaths taken unto him is ceased In confirmation of the Affirmative I shall endeavour to make it clear that any King may And secondly That the late King did abdicate That Kings may denude themselves of their Princely Power and Sovereignty appears from what was done by Charles the Fifth Emperor of Germany and King of Spain at the same time who did abdicate both and his Subjects took new Oaths of Fealty to other Princes Some of those Times might question his Courage but none did ever except against the Validity of it May it not seem something unjust to deny this Liberty to Princes when they find themselves overcharged with the Weight of Government to retire into a Privacy for the better enjoyment of their inward Peace and Quiet But I presume no Man will deny this Hypothesis It remains to prove the Thesis That the late King did abdicate 1. I will not dwell upon what was done by the Metropolitan and other Lords of the Council upon his first withdrawing they came into the City and with the Lord Mayor sent for the Lieutenant of the Tower seize upon the Keys dispossess the Souldiers place a new Garrison there and desire the Prince of Orange to assume the Regency Why all this if he had not Abdicated Upon what other ground durst they raise Arms seize upon his Royal Fort Or how can they excuse themselves from formal Rebellion and breach of Oaths if this be not granted and is not unpresidented That Princes shall take up their Scepters again when they have laid them down But to pass by this 2. I would willingly be resolv'd by any Thinking Man whose Judgment and Testimony is most authentick in this Particular Whether I am to resolve my self into the Judgment of the whole Nation in a full and clear Representation in Parliament or into the private Francies or Opinion of a few Men I remember what you once repli'd to this That every Mans Conscience is to judg for himself in point of Practice But do you not know when and by whom this Principle was exploded whilst some were prosecuted for meer Matters of Worship And shall this be pleaded by those Men who so vigorously have acted against it when in its own Nature it is so destructive of the Civil Peace A Line and a Line is an Abomination Did ever any Government upon the Pretence of Conscience dispence with Disobedience in Things necessary to its Establishment And can any Man expect to be excus'd from taking the Oaths which is the only Moral Security the Government can expect or require and upon this very Pretence which if allowed all Kingdoms must dissolve into Anarchy and Confusion Religion and Conscience being the Common Pretentions of all Male-Contents This may suffice to satisfy any sober Rational Man that is not resolv'd to maintain the Conclusion be the Premises never so weak Some there are that presume their Subscription to the Doctrine of the Church of England in her Book of Articles will not permit them to yield their Obedience to these Alterations But if this shall prove a Mistake and our Obedience shall be conformable to our Principles will it not rather be esteemed Peevishness than Conscience To discover the Mistake let us consider when and by whom the Articles were composed and refer the Practices of those Times to the Articles as an authentick and clear Interpretation of them and this also will vanish like Smoak 1. The Articles were made or at least confirmed in the Reign of Queen Elizabeth who was a constant asserter and maintainer of this Maxim That it is lawful for a neighbouring Prince to relieve and defend the Subjects of another when invaded in their Laws Liberties and Religion Who was it that protected and assisted the Hugonets in France against the Tyranny and Violence of their Princes Was it not this Gracious and Heroick Queen And who was it that protected the Netherlands against the Violence and Usurpations of the Spanish Monarch And was all this contrary to the avowed Doctrines of our Church of which she was the Defender Was not this defended or at least allowed of by the Church-Men of those Times must it be now inconsistent with the Principles of our Times Do they bind our Hands so that if we are invaded we may not crave the like Protection Let any sober scrupulous dissatisfied Person give a sober Answer and Resolution to these Queries The Dutch Netherlands erected a new Model of Government under her Protection after they had shaken off the Spanish Yoak 2. Let it be granted what ought not to be denied That the late King did abdicate and that the Government did devolve upon the People and these in a full Representative of the whole Nation whether in Parliament or in a Convention it matters not which whilst that was a free and fair Choice have constituted these to be our Governours Are we not to pay and swear Obedience unto them as well as their Predecessors And if this were rightly weigh'd would answer an Objection from that Declaration in the Act of Uniformity I abhor that Traiterous Position c. If after all this Men will fix all upon a Ius divinum and fly to Scriptures let them give plain positive Texts for a general Form with Rules universally relating unto and obliging all Places and Men. If they cannot let them confess that God hath left all Nations and People to be ruled by that Government and those Laws which are most suitable to the Constitution and Temperament of the People and this I lay down for a Foundation not to be overthrown But to Answer those places which are so much insisted upon that of our Saviour's St Paul's and St Peter's we need to make use of that absurd Assertion of some of the Romanists That this was only enjoyn'd and to be performed until they had opportunity to make a Resistance This would stain the Glory of the Primitive Martyrs Not a forced but a voluntary Martyrdom deserves the Crown however this gives a taste of the Loyalty of these Men and their Religion to the maintaining of which the Popish Princes sacrifice all their Power and Policy But for a more Substantial Answer by way of Satisfaction to these Scruples let it be duly considered that the Primitive Christians and we were under
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 valet aâ—d they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS The TWELFTH and Last Collection of Papers VOL. I. Relating to the Present Juncture of Affairs in England and Scotland VIZ. I. The Secret League with France proved II. The Reasons why the late King Iames would not stand to a Free and Legal Parliament III. The Reason of the Suddenness of the Change in England IV. The Judgment of the Court of France concerning the Misgovernment of King Iames the Second V. The Emperor of Germany his Account of the late King's Unhappiness in joining with the King of France VI. A full Relation of what was done between the Time the Prince of Orange came to London till the Proclaiming him King of England c. VII The Declaration of the Lords Spiritual and Temporal and Commons of England concerning their Grievances presented to King William and Queen Mary With their Malesties Answer VIII The Declaration of the States of Scotland concerning their Grievances IX The Manner of Proclaiming King William and Queen Mary at Whitehal and in the City of London Feb. 13. 1688. X. An Account of their Coronation at Westminster Apr. 11. 89. XI The Scots Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland XII The manner of their taking the Scotish Coronation Oath at Whitehal May 11. XIII The Coronation Oaths of England and Scotland London printed and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row 1689. The Secret League with France proved 1. BY the Treaty managed by the Dutchess of Orleans between Charles II. her Brother and Lewis XIV 1670 published by the Abbot Primi in his History of the War with Holland with the priviledg of the French King This Treaty expresly tells us That the French King did promise Charles II to subject his Parliament to him and to Establish the Romish Religion in his Kingdom But before this could be done the said Dutchess told him the Haughtiness and Power of the Hollander must be brought down 2. By the Current of the Design throughout all Coleman's Letters which contain nothing else but the Conspiracy of the Duke of York and the Jesuits against the Government and the Protestant Religion For you know says he in his Letter to Sir W. Throgmorton Feb. 1. 1674 5. when the Duke the late King Iames comes to be Master of our Affairs the King of France will have reason to promise himself all things that he can desire c. Both he and the two Royal Brothers being closly joined together to destroy the Northern Heresy as he in his Letter to Monsieur La Cheese assures us 3. Which Friendship with the French Court is further confirmed by a French Author who wrote the Life of Turene in which he brings in the Duke of York lamenting the Death of that great Marshal of France after this manner Alas says the Duke the loss is great to me in that I am greatly disappointed in those great Designs I have been long meditating upon if ever I come to the Crown of England For the sake of which Passage the then Secretary of State of England forbad the printing of that Book which was then translated and prepared for the Press 4. The French Ambassador at the Hague in a Memorial to the States General Sept. 9. 1618 peremptorily declares there was such an Alliance between the King his Master and King Iames II as to oblige him to succour him c. 5. Both King Charles II and King Iames II were so engaged with the great Nimrod of Francâ— that â—hough several Parliaments of England strugled hard to break the Friendship and gave a vast Sum of Mony in order thereunto yet all in vain And King Iames II was so eager to follow the French Measures that after the Defeat of Monmouth he declared to the Parliament that for the time to come he would make use of Popish Officers as well as keep up a standing Army contrary to Law. 6. We have had sufficient Evidences of his Designs by the care he took to fill his Army with Irish Papists at the same time that he disbanded all the Protestants that served him in Ireland that he might always have an Army at hand in that Kingdom ready to promote his Popish Designs in England which could not be done without a Secret League with France and without a very express assurance of being vigorously supported from thence when the nick of time should come 7. His flying to France and secret conspiring with the great Leviâ—tâ—an there and bringing French Aids with him into Ireland are no other than the putting the Secret League into Execution Many more Proofs may be produced but what has been said may convince any rational unprejudiced Protestant As for those Pharisees that wilfully shut their Eyes of whom we may say That seeing they see and do not peeceive because they are resolved not to yield to the most convincing Evidences that this Affair is capable of for the Parties concerned will hide it as much as they can I bewail their Condition and believe they are so obstinate that only the French Dragoons those booted Apostles can convince them when they come with the League in their Hands to put the Popish Penal Laws in Execution on their Backs from Neâ—gaâ—e to Tybâ—â—n The REASONS why the late K. James would not stand to a Free and Legal Parliament proposed to those that are fond to have him again WHEN the Prince of Orange now our Gracious King his Glorious Expedition was first made known to the late King he resolved to have a Parliament upon the Belief that he should have been intirely Master of the Lower House by Reason of the Regulations he had made in Corporations in order to his Popish Designs But when he was forced to take other Measures as he told the Dissenters when he sent for them in the time of his Distress in restoring the Charters the Bishop of London the Fellows of Magdalen-Colledg c. He dreaded nothing more than a Parliament on the old Foundations to which the Prince in his Declaration had referred all for he knew several things would have been done by such a Parliament that he chose rather to perish than submit to 1. The first thing is The Examination of the Birth of the Prince of Wales as he is call'd the questioning of which was a Stab at his Heart as appears by his last Letter And the Reflections on the Bishops Petition mentioning That as a Business not fit to be referred then to a Parliament 2. The next thing was That Justice would certainly have been demanded against the Evil
than all other Princes do on the like occasions and when the King after this was taken and brought back by force he was no longer then bound to consider him as one that was but as one that had been King of England and in that capacity he treated him with great Respect and Civility how much soever the King complained of it who did not enough consider what he had done to draw upon himself that usage But when all is said that can be said there may possibly be some Men to whom may be applied the Saying of Ioab Thou lovest thine Enemies and hatest thy Friends for thou hast declared this day that thou regardest neither Princes nor Servants for this Day I perceive that if Absolom had lived and all we had died this Day then it had pleased thee well Had the Protestant Religion the English Liberties the Nobility and Gentry of this Nation been all made an Holocaust to their Reputations and Humours their Scruples and School-niceties and the Prince of Orange perished or returned Ruin'd or Inglorious into Holland we should then have had the Honour of cutting up our Religion our Laws and our Civil Rights with our own Swords and we should have been the only Church under Heaven that had refused a Deliverance and Religiously and Loyally had Destroyed it self In truth the Men would have purchased Popery and Slavery so dear ought to have enjoyed both to the End of the World. The REASONS of the Suddenness of the Change in England THE true Reasons of the Swiftness of this Change may easily be assigned by shewing the Temper and Designs of Iames the Second the Temper of William the Third our Present Soveraign and the Nature of the English Nation and of the Times all concurring with Wonderful Harmony to produce this wonderful Effect For had Iames the Second undertook any thing but the subjecting England to Popery and the Exercise of Arbitrary Power to that end his vast Revenue his great Army and the Reputation he had gained at Home and Abroad by the defeat of the Monmouth-Invasion would have gone near to have effected it and after all this if he had in the beginning of October frankly granted all the Ten Proposals made by the Bishops and suffered a Parliament to have met and given up a considerable Number of his Ministers to Justice and suffered the pretended Prince of Wales his Birth to be freely debated and determin'd in Parliament It would in all probability have prevented or defeated the then intended Invasion But whilst he thought to save the Pretended Succession the Dispensing and Suspending Power and the Ecclesiastical Commission to carry on his former Design with when he had baffl'd the Prince of Orange the Nation saw through the Project and he lost all Had a Prince of less Secresy Prudence Courage and Interest than the Prince of Orange undertaken this business it might probably have miscarriâ—d but as his Cause was better so his Reputation Conduct and Patience infinitely exceeded theirs he would not stir till he saw the French Forces set down before Philipsbourgh and then he was sure France and Germany were irrevocably ingaged in a War and consequently he should have no other opposition than what the Irish and English Roman Catholicks could make against him For no English Protestant would fight his Country into Vassalage and Slavery to Popish Priests and Italian Women when a Parliament sooner or later must at last have determin'd all the things in Controversy except we resolved once for all to give up our Religion Laws Liberties and Estates to the will of our King and submit for ever to a French Government A Nation of less sense than the English might have been imposed upon of less bravery and valour might have been frighted of a more servile temper might have neglected its Liberties till it had been too late to have ever recovered them again But none but a parcel of Iesuits bred in a Cloister and unacquainted with our Temper as well as Constitution would ever have hoped to have carried two such things as Popery and Abitrary Power both at once upon so jealous a Nation as the English is which hates them above any other People in the World. The cruel slaughter they had made of the poor wretches they took after the defeat at Bridg-water ought to have made them for ever despair of gaining any credit with the Dissenters who rarely forgive but never forget any ill treatment Yet these little Politico's had so little sense as to build all their hopes on the Gratitude and Insensibility of these Men as if they should for Liberty of Conscience arbitrarily and illegally granted and consequently revocable at the will of the Granter have sold themselves to everlasting Slavery They were equally mistaken in their carriage towards the Church of England party for when some of them had pursued both Clergy and Laity with the utmost obloquy hatred oppression and contempt to the very moment they found the Dutch storm would fall upon them Then all at once they passed to the other extream the Bishops are presently sent for the Government intirely to be put into their hands and all Places Presses and Papers fill'd with the Encomiums of the Church of England's Loyalty and Fidelity who but three days before were Male-contents if not Rebels and Traytors for opposing the Kings Dispensing Power and the Ecclesiastical Commission And which was the height of folly the same Pen which had been hired to defame and blacken the Church of England the Author of the Publick Occurrences truly stated was ordered to magnify its Loyalty By which they gained nothing but the intire and absolute disobliging the whole Protestant party in the Nation so that for the future no Body would serve or trust them To compleat their folly and madness they perswaded the King to throw up the Government and retire into France pretending we would never be able to agree amongst our selveâ— but would in a short time be forced to recal him and yield to all those things we had so violently opposed or if not he might yet at least force us to submit by the Succours he might gain in France without ever considering how possible it was we might agree and how difficult it would be to force us by a French Army which was equally contrary to the Interest of England and all Europe besides and to all intents and purposes destructive of the Interest of that Prince they pretended thus to exalt and re-establish Had France been now in Peace there might yet have been same colour for this but when all Europe was under a necessity to unite against him for its own preservation then to perswade the King of Great Britain to desert his Throne and fly thither for succour upon hopes of recovering his Kingdoms again by the assistance of the French the mortal and hereditary Enemies of the English this was so silly a Project that there seems to have been something of a
Divine Infatuation in it However certainly no rational Man will think that all the Princes of Europe would sit still and suffer the French King to conquer Britain under pretence of restoring Iames the Second to that Throne which he had abandon'd because he could not bring the Prince of Orange their Allie and all his Protestant Subjects to his own Terms And yet if none of them should interpose but the Hollanders alone the English and Dutch Fleets being united would render the landing a French Army so difficult and uncertain that it would be next door to madness to trust one to their Navy which is so much inferior to either of the others singly taken So that all things considered either Iames the Second ought to have stayed at home and have made as good terms as he could with the Prince of Orange and his own Subjects Or if he would have abandon'd his Kingdoms he ought to have despaired of any restitution and have betaken himself to a private Life as Christina Queen of Sweden did But we have now certain Intelligence that Iames the Second Landed the 12 th of March at Kingsale in Ireland so that now it cannot be doubted but that he hopes to recover England and Scotland by the help of the Irish as well as the French. His succeeding in this Design laying us at the Mercy of an Irish-French Roman Catholick Army whose Civility and Kindness to our Nation we may learn from our Country-men who after having lost all but their Lives have been forced to flee over to us for Shelter and Protection I shall not add any other consideration to perswade my Country-men to defend their King Queen and the whole Protestant Succession their Lives Liberties Priviledges and Religion because this alone is sufficient The Iudgment of the Court of France concerning the Misgovernment of K. James the Second THE Author who is a Papist that wrote that smart Treatise called A Letter from Monsieur to Monsieur concerning the Transactions of the Times c. writes thus concerning the late King Iames viz. King Iames ought to learn what he has to expeâ—t from France into whose Arms he has thrown himself France already knows all his Faults and publishes them For this Composure issuing immediately from that Court owns 1. His whole Conduct was very little judicious 2. That he has followed blind Counsels and such as are very pernicious to his own Repose and Security 3. That he has unadvisedly affected to pull down the Protestant Religion which was that of the State. 4. That he has used an imprudent Rigour as well to the Bishops as to the Universities 5. That he was unwise in going about to take off the Test and Penal Laws which the English look upon as the Sanctuary of the Kingdom 6. That his Gust and Fondness for the Court of Rome and the Monks whom he meant to restore was ridiculous and whimsical 7. That his going about to give Imploys to Catholicks by taking them away from Protestants gave but two much reason to all the Members of the State to complain This is exactly the Judgment passed by the Court of France upon the late K. Iames of England I leave him to think what Succours he is like to expect from a Court that values him so little and that without any more ado speaks of him at this rate would he have more It roundly declares to him That the restoring the King of England is not an Enterprise easy to be executed by a King how great soever he may be against whom all the Powers of Europe are preparing to make War. This is a Hint broad enough o' Conscience and King Iames ought to be satisfied that he knows the French Courts mind The Emperor of Germany's Account of K. James's Misgovernment in joining with the King of France the Common Enemy of Christendom in his Letter to King James viz. LEOPOLD c. WE have received your Majesties Letters dated from St. Germans the sixth of February last by the Earl of Carlingford your Envoy in our Court By them we have understood the Condition your Majesty is reduced to and that you being deserted after the landing of the Prince of Orange by your Army and even by your Domestick Servants and by those you most confided in and almost by all your Subjects you have been forced by a sudden Flight to provide for your own safety and to seek Shelter and Protection in France Lastly that you desire Assistance from us for the recovering your Kingdoms We do assure your Majesty that as soon as we heard of this severe turn of Affairs we were moved at it not only with the common sense of Humanity but with much deeper Impressions suitable to the sincere Affection which we have always born to you And we were heartily sorry that at last that was come to pass which though we hoped for better things yet our own sad thoughts had suggested to us would ensue If your Majesty had rather given Credit to the Friendly Remonstrances that were made you by our late Envoy the Count de Kaunitz in our Name than the deceitful Insinuations of the French whose chief aim was by fomenting continual Divisions between you and your People to gain ther by an Opportunity to insult the more securely over the rest of Christendom And if your Majesty had put a stop by your Force and Authority to their many Infractions of the Peace of which by the Treaty at Nimegen you are made the Guarantee and to that end entred into Consultations with us and such others as have the like just Sentiments in this matter We are verily perswaded that by this means you should have in a great measure quieted the Minds of your People which were so much exasperated through their aversion to our Religion and the publick Peace had been preserved as well in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make Presidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the Glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treachery upon another even within the Empire it self The Cities of the Empire which were surrendered upon Articles signed by the Dolphin himself have been exhausted by excessive Impositions and
to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon â—ame and defective Probation as particularly the late Earl of Aâ—gyle are contraiâ— to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burgâ—s contrair to the Liberties and express Charters is contrair to Law. That the sending Leâ—ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the â—ending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of Free Quarter is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrair to Law. That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrair to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances and for the amending strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted And from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland Be and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt Lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King WILLIAM and Queen MARY So help me God. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses
manner following April 11 1689. THeir Majesties being come from Whitehal to Westminster and the Nobility c. being put in Order by the Heralds They came down in State into Westminster-hall where the Swords and Spurs were presented to them After which the Dean and Prebendaries of Westminster having brought the Crowns and other Regalia presented them severally to their Majesties which with the Swords and Spurs were thereupon delivered to the Lords appointed to carry them Then the Procession began in this manner Drums and Trumpets Six Clerks in Chancery two abreast as all the rest of the Proceeding went Chaplains having Dignities Aldermen of London Masters in Chancery Solicitor and Attorney General Gentlemen of the Privy Chamber Judges Children of Westminster and of the King's Chappel Choir of Westminster and Gentlemen of the Chappel Prebends of Westminster Master of the Jewel-house Privy Councellors not Peers Two Pursuivants Baronesses Barons Bishops A Pursuivant a Vicountess Vicounts Two Heralds Countesses Earls A Herald a Marchioness Two Heralds Dutchesses Dukes Two Kings of Arms The Lord Privy Seal Lord President of the Council Archbishop of York His Royal Highness Prince George of Denmark Two Persons representing the Dukes of Aquitain and Normandy Next the Lords who bore their Majesties Regalia viz. The Earl of Manchester St. Edward's Staff and the Lord Grey of Ruthin the Spurs The Earl of Clare the Queens Scepter with the Cross and the Earl of Northampton the King's The Earls of Shrewsbury Derby and Pembroke the 3 Swords Next Garter King of Arms between the Usher of the Black Rod and the Lord Mayor of London The Lord Great Chamberlain Single The Earl of Oxford with the Sword of State between the Duke of Norfolk Earl Marshall and the Duke of Ormond Lord High-Constable for that Day then the Earl of Bedford with the Queens Sceptre of the Dove and the Earl of Rutland with the King 's the Duke of Bolton with the Queen's Orb and the Duke of Grafton with the King 's the Duke of Somerset with the Queen's Crown and the Earl of Devonshire Lord Steward of his Majesties Houshold who was made Lord. High Steward of England for that Day with the King 's The Bishop of London with the Bible between the Bishop of St. Asaph with the Paten and the Bishop of Rochester with the Chalice Then the King supported by the Bishop of Winchester and the Queen by the Bishop of Bristol under a Canopy born by Sixteen Barons of the Cinque Ports His Majesties Train born by the Master of the Robes assisted by the Lord Eland Lord Willoughby Lord Landsdowne and the Lord Dunblaine and Her Majesties Train by the Dutchess of Somerset assisted by the Lady Elizabeth Pawlett Lady Diana Vere Lady Elizabeth Cavendish and the Lady Henrietta Hyde After the King a Gentleman of the Bed-Chamber and two Grooms of the Bed-Chamber and after the Queen a Lady of the Bed-Chamber and two of Her Majesties Women Lastly the Captain of His Majesties Guard between the Captain of the Yeomen of the Guard and the Captain of the Band of Pensioners followed by the Officers and Band of Yeomen of the Guard. The Sergeants at Arms going on each side of the Regalia and the Gentlemen Pensioners on each side of the Canopy Thus Their Majesties in Their Robes of Crimson Velvet the King with a Cap and the Queen a Circlet on her Head All the Nobility in Crimson Velvet Robes with their Coronets in their Hands and the rest of the Proceeding in their proper Habits marched on foot upon Blew Cloth to Westminster-Abby all the Way and Houses on each side being Crouded with vast Number of Spectators expressing their great Joy and Satisfaction by loud repeated Acclamations Being Entred the Church and all duly seated the Bishop of London who performed this great Solemnity began with the Recognition which ended with a mighty Shout Then Their Majesties Offered and the Lords who bore the Regalia presented them at the Altar The Litany was sung by two Bishops and after the Epistle Gospel and Nicene Creed the Bishop of Salisbury Preach'd on this Text 2 Sam. 23. 3 4. After Sermon Their Majesties took the Oath and being Conducted to their Regal Chairs placed on the Theater that they might be more Conspicuous to the Members of the House of Commons who were seated in the North Cross were Anointed and presented with the Spurs and Sword and Invested with the Palls and Orbs and then with the Rings and Scepters and at Four of the Clock the Crowns were put on their Heads At sight whereof the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Them and after the Benediction They vouchsafed to Kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed their Majesties left Cheeks while the Treasurer of the Houshold threw about the Coronation Medals Next followed the Communion And Their Majesties having made their second Oblation received the Holy Sacrament Then the Bishop Read the final Prayers and Their Majesties retiring into St. Edward's Chappel and being new Arrayed in Purple Velvet returned to Westminster-Hall wearing Their Rich Crowns of State and the Nobility their Coronets The Nobility c. being seated at their respective Tables which were all ready furnished before their coming in The first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High-Constable High-Steward and Earl-Marshall And before the second Course Charles Dymoke Esq Their Majesties Champion between the High-Constable and the Earl-Marshall performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendor and Magnificence About Eight in the Evening Their Majesties returned to White-hall A Proclamation declaring WILLIAM and MARY King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That William and Mary King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Lives As also the Estates having Resolved and Enacted and Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms
the Advice to be writ clean over according to the Amendments But as they were about to part for that Dyet the Earl of Arran proposed to them as his Lordship's Advice that they should move the Prince of Orange to desire the King to return and call a Free-Parliament which would the best way to Secure the Protestant Religion and Property and to Heal all Breaches This Proposal seemed to dissatisfy the whole Meeting and the Duke of Hamilton their President Father to the Earl but they presently parted Wednesday the Ninth of Ianuary they met at three of the Clock in the same Room and Sir Patrick Hume took notice of â—he Proposal made by the Earl of Arran and desired to know if there was any there that would second it But none appearing to do it he said That what the Earl had proposed was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking his Declaration and the Good Intentions of preserving the Protestant Religion and of Restoring their Laws and Liberties exprest in it and further desired that the Meeting should declare this to be their Opinion of it The Lord Cardross seconded Sir Patrick's Motion it was answered by the Duke of Hamilton President of the Meeting That their Business was to prepare an Advice to be offered to the Prince and the Advice being now ready to go to the Vote there was no need that the Meeting should give their Sense of the Earl's Proposal which neither before nor after Sir Patrick's Motion any had pretended to own or second so that it was fallen and out of doors and that the Vote of the Meeting upon the Advice brought in by their Order would sufficiently declare their Opinion This being seconded by the Earl of Sutherland the Lord Cardross and Sir Patrick did acquiesce in it and the Meeting voted unaâ—imously the Advice following To His HIGHNESS the PRINCE of ORANGE WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at your Highness's desire in this Extraordinary Conjunction do give your Highness our humble and hearty Thanks for your Pious and Generous Undertaking for Preserving of the Protestant Religion and Restoring the Laws and Liberties of these Kingdoms In order to the Attaining these Ends our humble Advice and Desire is That your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom until a General Meeting of the States of the Nation which we humbly desire your Highness to Call to be holden at Edinburgh the Fourteenth day of March next by your Letters or Proclamation to be published at the Market-Crosses of Edinburgh and other Head-Boroughs of the several Shires and Stewartries as sufficient Intimation to All concerned and according to the Custom of the Kingdom And that the Publication of these your Letters or Proclamation be by the Sheriffs or Stewart Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Burroughs for the meeting of the whole Burgesses of the respective Royal Burroughs to make their Elections at least Fifteen Days before the Meeting of the Estates at Edinburgh and the Respective Clerks to make Intimation thereof at least Ten Days before the Meetings for Elections And that the whole Electors and Members of the said Meeting at Edinburgh qualified as above exprest be Protestants without any other Exception or Limitation whatsoever to Deliberate and Resolve what is to be done for securing the Protestant Religion and Restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated at the Council-Chamber in Whitehal the Tenth Day of January 1689. This Address being Subscribed by 30 Lords and about 80 Gentlemen was presented in their presence at St. Iames 's by the Duke of Hamilton their President to his Highness the Prince of Orange who thanked them for the Trust they reposed in him and desired a Time to consider upon so weighty an Affair Upon the Fourteenth of Ianuary his Highness the Prince of Orange met again with the Scots Lords and Gentlemen at St. Iames 's And spoke to them as follows My Lords and Gentlemen IN persuance of your Advice I will untill the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the Calling of the said Meeting for the Preserving of the Peace the applying of the Publick Revenue to the most pressing Vses and putting the Fortresses in the Hands of Persons in whom the Nation can have a just Confidence And I do further assure you That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion and Restoring the Laws and Liberties of the Nation The Earl of Crawfourd desired of his Highness That himself the Earl of Louthian and others come to Town since the Address was presented might have an opportunity to subscribe it which was accordingly done His Highness retireâ— and all shewed great Satisfaction with his Answer A LETTER to a Friend advising in this Extraordinary Iuncture how to free the Nation from SLAVERY for ever SIR I Doubt not but the Wisdom of the Nation will take the most effectual way to secure our Religion our Liberties and Property However being a Lover of all these I can't forbear communicating my Thoughts unto you with an assurance you 'l consider them God hath done great things for us and yet the greatest thing is not yet done there are many Difficulties in the way and many more will be thrown into it Slavery is most to be dreaded at this time What is done must be chiefly to guard against it How to do it is the principal business of the Great Men in the next Convention To know where we are is the first step to be taken Is the Government dissolved or only under some Disorders If the latter Are the Disorders such as must be laid to the Charge of the King or to his Ministers or both If to the King Are they sufficient to depose him If that be done Are we more secure from Slavery than now Will there be more than a Change of Persons in the Throne A Child for a Father a Protestant for a Papist And in a few Years the Succession may fall to the Queen of Spain or Dutchess of Savoy both Roman Catholicks and we in as great or greater danger of Popery and Slavery than we were the other day the Constitution remains the same the Iura Majestatis viz. the Militia the Power to make War or Peace the choosing Judges Sheriffs c. still in the Person of the King or if only by one Parliament restored to the People another Parliament may give them the King again Leges Posteriores priores abrogant And