given by Bracton and Britton and Fortescue's foolish Etimology There must be a Prerogative somewhere in all Places There is a Prerogative in Kings by the Law of Nations and the Use of it is to shew Mercy to reward Virtue 'T is the Law that punisheth not Kings and because there is no written Equity in Criminal or Capital Matters therefore the Seat of Mercy is placed by the Fountain of Justice This is no doubt properly and truly to be God's Vicegerent Thus with us Potest Rex ei lege suâ Dignitatis Spelman Gloss Praerogativa Regis Condonare si velit Mortem promeritam Spoken of Edward the Confessor Though there is a sort of Equity by the Letter of our Law in the Case of Manslaughter making an allowance for the Passions of Men and the King's Pardon of Murder hath been question'd it looks like a Dispensing with the Positive Law of God It is certain he can't change the Punishment There are several Prerogatives and Flowers of the Crown some of Use some for Ornament but founded also upon Reason The King hath all Mines of Gold and Silver Treasure Trove Escheats of all Cities May take his Creditors into Protection till he be satisfied with Preference May take Body Lands and Goods of Debtor c. because the King's Treasure is supposed to be for the publick Benefit May make any Foreign Coin lawful Money of England by Proclamation for Exigencies may require it The King may dig in the Subjects House not Mansion-House or Barn for Salt-petre being for the Defence of the Nation Kings only can have Parks and Chaces and not Subjects without his License So Swans in Royal Rivers because they are stately Creatures and Royal Game and become the Honour of a King The King shall be said to be Founder though another join in the Foundation c. because 't is for his Honour The King shall have Ward though the Lands were held of him by Posteriority because the King's Title shall be preferr'd and not put in Competition with the Subject So he shall not be Tenant in common i. e. He shall have all because a Subject ought not to be equal with him in any thing There are also several other Franchises which by the Policy of our Law belong to the Crown And we say in our Law That the King's Prerogative is part of the Law of England and comprehended within the same We say also That the King hath no Prerogative but that which the Law of the Land allows him And 't is certain he is restrained in several respects by our Law as in a Politick Capacity Letting pass those Distinctions and Cant in Coke's 7th Rep. Calvin's Case of the King's Prerogative As he hath Advantages so he hath his Disadvantages also at least Kings or others for them are apt to call them so Thus he can't by Testament dispose of the Jewels of the Crown 't is doubted whether he may legally pawn them though it be said he may give them by his Letters-Patents 't is against the Honour of the Crown The Law is so jealous of the King's Honour that it hath preferr'd it before his Profit He hath no Prerogative against Magna Charta cannot take or prejudice the Inheritance of any Can 't send any man out of the Realm against his Will because he hath the Command of the Service of the Subjects only for Defence of the Realm Can 't lay any new Impost on Merchandises Can take none but usual and Ancient Aids and Taxes Can 't dispense with Statutes made for Publick Good or against Nusances or Mala in se Can do no Wrong Can 't alter the Law Common or Ecclesiastical Nor Statute-Law or Custom of the Realm by Proclamation or otherwise Nor create any Offence thereby which was not an Offence before Can 't grant a Corporation any new Jurisdiction to proceed by Civil Law because it may deprive Subjects hereby of Privilege of Trial. The King can't put off the Offices of Justice of a King is not suppos'd to be ill-affected but deceiv'd and impos'd upon and abus'd Eadem presumitur mens Regis quae est juris c. But the late Sticklers for Arbitrary Power have found out a Plea for the Absoluteness of Kings which as they think carries some Face of an Objection against the fettering their Prerogative Say they At this rate a King can never exert himself as he ought to do any Glorious Action or as King James the II d phras'd it to Carry the Reputation of a Kingdom high in the World He cannot extend his Conquests c. No matter whether he can or not Neither can he oppress his Subjects It is sufficient for Kings especially for a King of Great Britain to be on the Defensive by Land neither do I believe any of our Kings ever got any thing by extending their Dominions 'T is no Argument to us in our Situation if the matter were so But this Notion is a Mistake For never did any King do extraordinary Feats where he made War and carried it on against the Inclinations or without the Consent of his People The Fights with the Dutch at Sea in the Reign of King Charles the II d is a sufficient Instance of this Nature We fought against the Grain and without an Enemy as Sir William Temple observes Nor shall we find in History that any King hath continued his enlarged Bounds where he carried on Imposts and Taxes by Violence at Home to the Impoverishing of his People Let the End of this present French King be observ'd who seems to stand an Exception at present but he stands a very ticklish one Besides the true Interest and Advantage of our Island lies another way To maintain the Sovereignty of the Seas to promote Trade and Traffick c. And to this purpose the King hath the highest Prerogative in this Element He may press Men for this Service which he cannot for any Foreign Expedition by Land He hath Customs Tunnage and Poundage c. Yet not these without Consent in Parliament and some of our Kings have made but a scurvy Experiment in attempting to take them without it Whence then doth come this Title to Arbitrary Absolute Power It must be the Child of Conquest or some other Paramount Inherent Right And to this purpose it is objected That by our Laws we acknowledge several Rights and Privileges of the Subject to be Concessions from Kings and we yield the Lands to be holden immediately or mediately of the Crown c. This is pretended to sound in Conquest rather than Compact or to be founded on the Patriarchal Right And Sir Robert Filmer especially is pleasant upon Sir Edward Coke for this He says If the first Kings were chosen by the People as many think they were then surely our Forefathers were a very bountiful if not prodigal People to give all the Lands of the whole Kingdom to their Kings with liberty to them to keep what they pleas'd and to
give the Remainder to their Subjects clogg'd and incumbred with a Condition to defend the Realm This is but an ill sign of a Limited Monarchy by Original Constitution or Contract At this rate a Man who writes with the Fancy of a Government may expose any thing even himself But why doth this necessarily follow May not several Privileges and Powers be lodged in the Crown for Conformity and Dignity of Government by Consent And so May not Estates or the Lands of a Kingdom be divided by Contract with the acknowledgment of the Tenure and to express the Service How come Lands to Escheat to the Crown for they are forfeited for Treason I mean of Cities but that there is no Heir How comes the King to have the Year Day and Waste of Lands which Escheat to the Lord By what Law if not of Contract To say they moved from the King and were Limitations of his Bounty is as much suppos'd on the other hand and gratis dictum If he had virtually all Lands Why not all Goods c. too No man will say that If he had I confess there would be then no use of Parliaments But to proceed the King by his Prerogative may Call and Prorogue and Dissolve Parliaments By what Law had he this Prerogative If not by Law of Compact and Consent of Necessity to avoid Confusion for if he could Command his Subjects Purses c. there could not otherwise be any Original use of them He might and would no doubt have call'd and made use of only a Privy or Cabinet Council or Cabal for after this way of Inference no King would certainly have Clogg'd himself with the impertinent Formalities of a Parliament their Predecessors were very Weak or Prodigal to Clip their own Wings and give their Subjects a share in the Legislative Power This is but an ill sign of an Original Absolute Arbitrary Power And 't was upon this pretence though those Gentlemen don't care to own it That they would have endeavoured to Disengage their King from the use of Parliaments and would conclude That the King might chuse whether he would ever call any or not at least in this Form Thus they would beg the Question and presume the Consequence on their side because equally absurd The King may Proclaim War c. Does it follow therefore that he may make it without other Heads and Hands Thus they confound the Executive and Legislative Authority They say Scribling is a sign of a Licentious Age and some think of a Decaying State too Ought not some Creaturs to be Muzled There were many odd sort of extravagant Books published on Subjects of this Nature in the Reign of King Charles the II d not without Reason as we may suppose But all these violent pursuits in both Extremes are suspitious and where all Parties mean nothing but the Publick Good there 's nothing of this nature worth contending for And whoever will reflect on the Circumstances and Occasions or Times of such Publications and the advancing these high-flown Notions with a little pains of Comparison will easily see through the Mystery of their Policy It is very extraordinary That Subjects make Kings Conquerors in spight of their Teeths and against their own Professions and Declarations on purpose to make themselves Slaves by their own Consequence though this really is neither the true Signification nor Import as Mr Spelman makes appear in his Glossary let them take it in their own sense but we may assure our selves they did not intend to inslave themselves They tell us That William the I st was a Conqueror and therefore we were all Slaves c. though at other times Force and Success will make no Right Yet afterwards they also tell us when we come to insist on our Rights as Subjects That Magna Charta was obtained by Force c. What then So had the Crown been before it seems by them Either the People of England had some Legal Rights before the Conquest or not If they had as is confess'd 't was time to endeavour the Restoring of them If William the I st were an Intruder and came in by Force of Arms only he was but a Successful Usurper and the People being under a Force could not lose their Rights If he came in with pretence of Title Title continued them in their Rights and either way was justifiable I am engaged in this matter before I am aware and beyond my first intention and I shall meet with these Gentlemen anon But not to forestal you in the History I can't avoid a Hint upon those times being upon Magna Charta and that being by that Act declared to be Declaratory of the Fundamental Rights and Common Laws of the Realm To shew the Arts of Debauching Kings and the end of such Attempts in one previous Instance Hubert de Burgo as you may see in Sir Edward Coke's Preface to Magna Charta c. meaning to make his step to Ambition which ever Rideth without Reins persuaded and humoured that King That he might avoid that Charter of his Father King John by Duress and his own great Charter and Charta de Foresta also for that he was within Age whereupon the King got one of the great Charters and that of the Forest into his Hands and by his Councel unjustly Cancell'd both the said Charters though this Hubert de Burgo was Primier Witness of all the Temporal Lords to both the said Charters whereupon he became in high Favour with the King c. But soon after for Flattery and Flatterers have no sure Foundation he fell into the King's heavy Indignation and after many fearful and miserable Troubles he was Justly and according to Law Sentenc'd by his Peers in open Parliament and as justly Degraded of the Dignity which he had unjustly obtained c. So that other Notion of Paternal Right is as Extraordinary This takes a short way and makes Mankind Rebels from the Creation or from the Flood Who could have imagined That this Paternal Dominion from Adam could have been inferr'd from that Expression of the Psalmist The earth hath he given to the children of men Which Sir Robert Filmer learnedly says Doth shew that the Title of Government comes from Fatherhood Methinks it seems a more plausible and literal Argument to Exclude Fathers or to lay them aside as they do in some Countries at such an Age Why have not this Party a scruple of Conscience about all other Variations of Government even by God himself At this rate they ought to procure Masses for the Souls of their Progenitors who lived in the Heptarchy It is certain no body living under any Commonwealth can hope to be Saved as remaining in a continued state of Rebellion Thus they create a double Obligation on Men and harrass their very Souls between their Natural and Political Parents in virtue of the Fifth Commandment But as much a Frenchman as he seems to be I know not how he will excuse
can only attribute this to the Character Stow gives of him viz. That he advanced Persons to Dignities for Merit only and who did excel others in Innocency of Life RICHARD II. SOME Princes have Erred upon a mistaken Consideration some through a wilful and rash Inconsideration some have taken Measures by Advice of Friends as they thought and have been deceived by Misrepresentations these may be pittied Others have Miscarried by hearkening only to Minions and Favourites are head-strong and resolvedly deaf and obstinate against Advice But the Actions and Conduct of this King are so Unaccountable that it would puzzle a Matchiavel to assign him a Character or to fix him in any Rule or Principle of Government Good or Bad. The Rebellion of John or Wat Tyler ought not to be laid at his Door it is called an Accident though it had some dismal Effects in it but the occasion which appears was the Abuse of a Collector who gathered the Poll-Money yet it may teach Kings that it is a ticklish and dangerous Experiment to let out a Revenue or Tax to Farm so that it may be scrued up into what may be called in the Country Oppression This King's first Misunderstanding in earnest or Misdemeanor if I may so speak after his coming to Age was imposed upon him by way of Surprise and Artificial Insinuation of Favourites it might be the result of a hot Indiscretion not of a premeditated Violence or Invasion of Ill-natur'd Policy And if the Duke of Ireland Michael de la Pool the Chancellor or the Archbishop of York were in fault on the one side neither was the Duke of Gloucester the Bishop of Ely c. to be altogether excused on the other and the Parliament imposing on the King Thirteen Lords to have oversight under the King as they called it was an unsufferable Encroachment on the Spirit of a Young Prince And he had reason to have recourse to the Judges for their Opinions and Directions touching what had passed in that Parliament as to their Participation of the Government with him whose Opinion though they had the misfortune to suffer for it was not so Illegal but Justifiable by the Laws saving only in Two or Three of the Questions to which they gave their Answers But Law is not always measured by its own Rule it stands or falls according to the Circumstance of Times A Man may at some time sooner and better Steal a Horse as they say than look on at others This first Affront so put upon the King gave him a prejudice to Parliaments ever after and consequently put him upon indirect Means and Practices to Debauch the Constitution and we may be sure Kings will never want Tools fit for their purpose Hence were conceived those prejudices also against the Duke of Glocester and the other Lords the King had Reason to be out of Tuition when he came to be of full Age 'T is true the Attempting of the Duke of Glocester's Life in that Treacherous manner was not to be excused neither was his Behaviour to be pardoned towards the King he reproached him too severely on all Occasions for though he was the King's Uncle he was not always to be his Governor they were both in Fault no doubt and both equally Unfortunate in their End 'T was an unhappy Reign divided between too haughty Subjects and Ill-designing Favourites too powerful for a Young Inconsiderate King to Manage with Prudence and equal Power Whether Chief Justice Tresilian did according to Law or not 't is certain his Death was not according to Law and as the Duke of Glocester had taken his Life so his own was soon after taken away without Trial also in an Arbitrary manner And the Earl of Arundel had the same Measure he meeted to Calvery one of the Queens Esquires The Banishing the Duke of Norfolk and Hereford and the Archbishop of Canterbury was rather a fault in the Politicks of those times for it seems it was the Custom then to Punish the Faults of Great Men only with Banishment but an ill-advised Custom than want of Consideration in the King Sir John Bushy the Speaker of Parliament was the most in fault in attributing Vain and almost Blasphemous Titles to the King Titles fitter as is observed for the Majesty of God and putting him upon a piece of Omnipotence in Recalling his Pardons which the Lords Spiritual and Temporal Adjudged in the Affirmative That the King might Revoke but the Lawyers and Judges having been burnt before designed to give Judgment t'other way and had no mind to Determine of Transactions in Parliament any more nor of the Kings Prerogative in such Ticklish Times Though at the next Parliament at Chester the Judges were drawn in to give another Extraordinary Judgment viz. That when Articles are propounded by the King to be handled in Parliament that if other Articles are handled before those are determined it is Treason in them that do it What was there Extravagant that was not done in this Parliament He brought it about as the History says That he obtained the whole Power of the Parliament to be Conferred upon certain few Persons who proceeded to Conclude upon many things which concerned generally the things of the whole Parliament to the great Prejudice of the State and dangerous Example in time to come What could we expect from a King who was Taught That the Laws of the Realm were in his Head and his Breast By reason of which fantastical Opinion he Destroyed Noblemen and Impoverished the Commons which was one of the Articles against him and which was much such a worthy fancy as Wat Tyler had who putting his Hand to his Lips said Before Four Days come to an End all the Laws of England should proceed from his Mouth But I am weary of the Medley of this King's Story In short if we survey him in his Taxations in his Laws and Ordinances after all and in the Station of a Christian and Man as well as King we shall with a little Charity or good Nature conclude him Blameable rather by Accident than natural Temper And as to his Conditions That they were more the Fault of his Education than Inclination and at the bottom those Failings that were in him retained the tincture of the light Inconstancy of his Mother He is another unfortunate Instance of the Instability and Misery of a King when he leaves the Track of Law and Justice for the Ways of Humour and Passion Sir Robert Cotton Observes That Bushy's Contrivance of Compounding with Delinquents wrought such Distaste in the Affections of the People that it grew the Death of the One and Deposition of the Other HENRY IV. IN the next Six Reigns during the Divisions of the Houses of York and Lancaster the Kingdom was scarce ever cool enough for Observations of Civil Polity and Administration The Thirteen Years of this King were divided between Conspiracies and Wars And as he came to the Crown without a Title with
A Summary Review OF THE Kings and Government OF ENGLAND A POLITICAL ESSAY OR Summary Review OF THE Kings and Government OF ENGLAND Since the Norman Conquest By W. P _____ y. Esq Principis est Vertus maxima nosse suos Martial All Precepts concerning Kings are in effect comprehended in these Remembrances Remember thou art a Man Remember thou art God's Vicegerent The one bridleth their Power and the other their Will Lord Bacon 's Remains LONDON Printed in the Year 1698. TO THE READER 'T IS said Action is the Life of a Prince Speculation of a Scholar If the first would give himself to Thinking somewhat more and the latter to Action perhaps it would not be amiss they would Each of 'em discover some Defects in themselves and Both be more Useful to the World Be it how it will however I present you with my Thoughts defective enough as not being much seen in one or t'other the Fruit of Idleness and turning over a few Books for want of better Employment They are some passing Observations on the Conduct of our Princes who have managed the Scepter from the Norman Conquest and Those that managed Them I do not pretend hereby to limit the Descent of our Kings to that Line I know the Learned derive their Pedigree from much higher Pretensions from I know not whence even from Adam and that will scarce satisfy some will have them all the immediate Work of God All Originals I have not the Confidence to Dedicate this Issue but only to a Random Patronage if any one shall be so kind to give it a favourahle Reception Something like that with the Child left in the Temple-Cloysters with this Inscription Pray be exceeding kind to this Infant as Related to Both Societies by Father and Mother's side Some Authors who can bring in but the Name of a King must interest Him in the Title and think the Work presently due to Majesty and presume to Address the Offspring to his Protection But I do not think the Pretence of Duty doth sufficiently Apologize for the Vanity and Ambition of it Besides that Kings seldom read Books they see with other Mens Eyes and those who did have not much improv'd the Talent of Government to their Own or the Nation 's Advantage I would have Address'd it to a Friend if I had any as I should my self yet I know not what Commission I have to venture a Friend's Reputation in my Bottom Though after all I must in truth beg leave to question Whether there be any such thing as a True Friend notwithstanding all the fine Harangues on that Subject Not that I hope I have behaved my self so indifferently in my Conversation as undeserving that Character but I mean Regular Friendships are founded on adequate Considerations and are generally too much upon the Square in mutual Expectation Alas I have nothing to leave a Friend except it be Eudamidas's Legacy a Wife and Children and could I find a Charixenus or Aretheus I should very willingly quit the World and with greater Satisfaction than to remain in it unless it were only at the Instance of such a Friend for his Service and to pay him the Satisfaction of Gratitude in due Acknowledgments But this is too extravagant an Expectation for Eudamidas had but One Daughter to bequeath between Two Friends whereas I have enow to break Friendship it self enow to set forth a decent Parade of Intercession for Mercy if it should be my Misfortune to be convicted of a Capital Offence Nevertheless I have somewhat more particularly designed these short Reflections for the Entertainment of a particular Acquaintance or two and that in a sort of Grateful Return That as I have the Honour and Advantage of Improving by their Conversation so I on my part might endeavour to contribute somewhat to their easier Information in some things who have not Leisure nor perhaps Inclination to peruse larger Volumes or to read over tedious Histories 'T is for this Reason especially that I have contracted these Remarks into as narrow a Room as the Length and Variety of Matter will possibly bear and Brevity is the only Commendation I expect but this I think with some Justness otherwise I am very little concerned at the Success or with what Opinion I shall be received in the World I pretend but to Sketch not to Draw exactly not to a Finished Piece Besides I am sure there 's no one can be more severe upon me than I am upon my self and there 's scarce any body sharper-sighted to discover an Imperfection in a Child of my own than the Father And for this I have Authority What you have is but the Diversion of a long Vacation one Summer's recollected Thoughts drest up between a very ordinary Study and Garden and without help from Conversation as not having Opportunity to spend Time or Money any where abroad I confess I might have made a more Elaborate Piece of it I can't tell whether the better for that But if the Subject of these Considerations seems to require a more serious and intent Application as if any does 't is this in my Judgment I hope it may put some other Person upon it of better Qualifications and of a greater Genius and Diligence this way Not but that I my self have Leisure enough God knows and a little too much for a Man in my Circumstances But I must confess for my part as the World goes I cannot think it Tanti For besides that a Man will hazard the Reputation of his own Understanding in the Pretences of Reforming that of others 't is not in my Inclination to jade a Reader in a Journy of Paper and Ink no more than my self The Drudgery of the Mind is of the worst sort And 't were well if some other Writers were of this Opinion they would save a great deal of Trouble to others at least If it be Objected That I am not particular in my Citations I confess it I write an Essay not a formal Treatise But the Passages have been so beaten and the Authorities so well known of late Years that I conceive 't is superfluous and I needed not However I must aver they are Truths and faithfully delivered as well as my Memory will bear which I must confess is treacherous enough Yet I give you nothing but what I 'm sure I my self have met with and received and that any Man but moderately versed in Books will easily discover and acknowledge And in Arguments and Authorities which are not Nice or Critical 't is not of much Importance or Material to be so exact Others I suppose will say I touch things slightly I agree it I write not to those who are Strangers to Books and Reading but to refresh their Memories who perhaps may not have much better than my self and to give Hints to those who are inclined to make larger Enquiries upon Occasion It may serve to Admonish if not to Inform and may Divert if it cannot
bind him but what proceeds from his own Mouth nor that neither any longer than he pleases and by vertue of such a Traiterous Legerdemain a Prince is to be distinguish'd oft and absolv'd from a Coronation-Oath and our Allegiance to be transpos'd or inverted by a barbarous Contradiction of the Term into a subsequent Obligation And the Duty of Obedience must shift with the Wind because the Weathercock was placed upon Churches in pious memory of St. Peter who besides denying Christ preach'd as 't is said the Doctrine of Passive Obedience also I 'm sure if this be true morally speaking 't will be nonsense and to no purpose to pretend to establish any Laws in Church or State And our Ancestors had been ev'ry jot as well employ'd at Push-pin or with Socrates and his Boys playing at Cob-Nut or riding the Hobby-horse with as good a grace as contending for Magna Charta All Government in short without the immediate hand of Heaven which we are not taught by God or instructed by the Events of Story to rely on or expect will at this rate of Argument become utterly impracticable and must degenerate into Confusion So on the other side the misapplication of the Constitution of Government may be almost as fatal as the throwing it off As for instance in a Mixt or Limited Monarchy where the Ingredient Qualifications are not duly observed and fairly maintain'd Sometimes these Forms have prov'd but Snares on the Subjects Liberties and Properties Thus it is when one part of the State encroacheth upon the others and 't will be the same thing when they have all together or two of them too close and united a Correspondence and Intelligence and the Trinity in Unity or Vice versa if I may so speak are confounded and consolidated The one part of the Body represented may thus as well be betray'd out of its Rights as huffed out of them in the other Case Where-ever a Constitution is not preserved in its primitive force and dignity according to the true intent thereof some part may and must suffer A Legislative Power may be as pernicious as an Executive for 't is far from impossible that Injuries may be done under the Colour and Mask of Laws Sir William Temple quotes Heraclitus for saying The only skill or knowledge of any value in the Politicks was the Secret of governing all by all And he afterwards remarks That what Prince soever can hit of this Secret need know no more for his own Safety and Happiness or that of the People he governs For no State or Government can be much troubled or endanger'd by any private Factions which is grounded upon the general Consent and Satisfaction of the Subject Happy Kings if they would be contented to have kept within the Confines of such Measures But this is a Doctrine which will not go down with Kings Thus Germany flourish'd till Charles the Vth's time who introduced higher Reasons of State till the Jesuits taught the way of bringing the Sovereign Power from the States to the Empire What hath Spain got by the pretence of an Absolute Power i. e. Oppression It lost Portugal it lost the Low Countries c. And in truth the Kings of Spain have exerted their Power so far till they have lost it all and by Trick of Favourite-Ministers and other Politicks interchangeably transacted and shuffled between them and the French Kings they are now at last scarce in a Condition by virtue of such Arbitrary Extravagancies to defend themselves The Princes of Italy who are so Absolute only betray their own Weakness by it And though France at present may seem to flourish outwardly yet who knows not that She groans in her Bowels Indeed Sir Robert Cotton is unhappily mistaken in his Conclusion touching England That it cannot groan under a Democracy which it never yet felt or fear'd And the late Times under King Charles the First seem to be an Instance to the contrary and an Exception to that Rule But then the Reasons are given by him but just before viz. That such a Government suiting thus with Monarchy must strictly maintain its Form And I doubt 't was something like affecting at Arbitrary Power exclusive of his Parliament at least the House of Commons which brought that Unfortunate Monarch within the Exception to the Rule and the Rule may stand good still Generally speaking Trick and Fraud seldom make a Second Advantage and Matchiavel after all his Noise instances only in Alexander the Sixth who he says thriv'd by it yet mark the End he at last was poyson'd by a Fraud prepared by his Bastard Borgia for another The French have a Saying L' Addresse surmonte la Force But I suppose they are not so harden'd to extend this to all Frauds and Falsifications There are some Honest Politicks and Stratagems which a Man of Honour may lawfully use no doubt in War in Peace in Treaties Honest if only that Custom hath given them a sort of Sanction Though by the by of old these Methods were despised by the Braver Heroes even before Christianity which allows us to be Wise as Serpents but Innocent as Doves But all that I contend for in Modern Politicks is the Exercise of Justice and Honour which is or ought to be the Peculiar Character of Kings And that Sincerity is the likeliest Principle to establish a Nation And must hold with Padre Paolo That open Honesty and Plain-dealing at last will prevail against Trick and Artifice All Laws of Power are or are supposed to be founded on the Law of God and 't is said Righteousness supports Crowns For God's sake What is the Moral of Prerogative What is the End of this Absolute Power Whence do Kings derive this superlative Talent of controuling Mankind Is it that they have been stiled and courted as Gods or their Representatives Alas we find they represent Man in Understanding and Failings 'T is not therefore that they are inspired with any greater Degree of Perfection or Wisdom No we find by Experience they are in this like other Men subject to the same Passions and Infirmities As King James the First said They differ not in Stuff Their Natural Advantages do not afford them such Superiority and Pre-eminence in Power with any Justice of Human Reason This great Deference and Submission which they claim as due to their Character must be either That God once vouchsafed them his Supernatural Assistance or That now Kings are presumed to have the Assistance of a Better and Wiser Council If the first the Signs are vanished if the latter 't is confess'd due subject to the Rules and Forms of the General Law of Nations and the Municipal Laws of the Land on supposition that Kings act and labour by the joint Concurrence of Wise and Legal Councels for the Publick Good of the Common-wealth Hence it is that they are endow'd with greater Privilege Hence it is that they are intitled to what is call'd Prerogative to pass over the Definitions
Pharamond for introducing the Salique Law nor the Nobless of the Country for encouraging it for the Commandment says Honour thy Mother also I hope Sir Robert Filmer had no Gavelkind Land the Custom of Tanestry and Borough English must also be abominable in his sight which to other Men seem to be built upon good natural Principles of Reason But seriously what indifferent Person if there can be any such in the World will without indignation digest such sort of Debates After the same fashion Sir Robert Filmer gives us farther to understand He cannot learn That either the Hebrew Greek or Latin have any proper Original Word for a Tyrant or Slave it seems these are of late invention and taken up in Disgrace of Monarchical Government Why not more Charitably as well as more truly from the Experience of the Abuses in the Exercise of such Monarchical or Absolute Powers And he himself had given the reason but just before viz. That the Greek and Latin Authors liv'd in Popular Governments For which reason no doubt there was no occasion for such Monstrous and Barbarous Terms But he could not be in earnest in this Observation I must appeal from his Sincerity to his Judgment He does well to bar all other Schemes but his own He forbids us to rely on Aristotle the Grand Master of Politicks or the Greek or Latin Historians who liv'd in Popular Times Though Monsieur Rapin allows Aristole c. to be us'd in Divinity and says St. Thomas and other Divines have us'd him with good success But others and they Divines and Bishops too have lately told us That we are not to rely on Scripture in such Cases In what a condition is poor Subject Man And what was all this to the purpose when Scripture it self doth not peremptorily conclude us but leaves us at large to the Laws and Usages of Countries to the Ordinances of Man as Sir Robert himself confesses though with a lamentable strain upon St. Paul and St. Peter Every one saw what was aim'd at and offer'd by way of deduction from those Topicks of Doctrinal Government But because Sir Robert sends us to France to School to be inform'd in our Constitution and very much affects French Policy for he wrote in a time when the French Air was predominant let us see whether the Kings of France themselves did always talk in this Language Whether they have been continually so uniform in this Fancy of Absolute Power for the disposing of themselves and their Kingdoms Francis the First who was Contemporary with our Henry the Eighth and as Haughty a Prince and was attended with the Flattery of Courtiers too when he was taken Prisoner at the Battel of Pavia afterwards for Answer to the Proposals sent him by the Emperor for his Release amongst other things says That they were not in his power because they shock'd the Fundamental Laws of France to which he was subjected c. After he was at liberty having call'd an Assembly of the most Notable Persons of the Three Estates of the Kingdom for their Advice touching the delivery of his Children and himself proffering to return to Prison if they thought fit Their Orders all answer'd separately That his Person was the Kingdom 's not his and as touching the restoring of Burgundy That it was a Member of the Crown whereof he was but Usufructuary That therefore he could not dispose of the one or t'other But withal they offer'd him Two Millions of Gold for the Ransom of his Children and assur'd him That if it must come to a War they would neither spare their Lives nor Fortunes I 'm Mez. Chron. 587. sorry no Precedent will serve for our Imitation but only that of the present French King and his Ally the Great Turk In the sense of these Authors theirs must be the only Apostolick Orthodox Institution We are told also That there is a Place where whenever the King spits the greatest Ladies of his Court put out their Hands to receive it And another Nation where the most Eminent Persons about him stoop to take up his Ordure in a Linnen Cloth And other People where no Subject speaks to the King but through a Trunk and there are no doubt several other such like Fantastick Customs of Submission and Idolatrous Reverence What then Every Land is still nevertheless to be guided by its own Customs and Laws And I wish some of these Absolute Arbitrary-Power-Sparks liv'd in one of the last mention'd Places In earnest Flattery is a most sordid and pernicious Vice and we were lately very near drawing down Judgments on our selves for it and had like to have suffer'd for pretending to offer Sacrifices which were never meant This Stuff of Passive Submission to Arbitrary Tyrannical Powers could never be offer'd to sale in a true Light The Doctrine would stink in the Nostrils of a Good King who had any thing of Virtue Piety or good Nature A King who to use the words of King James the First Acknowledges himself ordain'd for his People having received from God a Burthen of Government whereof he must be Accountable and a good King thinketh his highest Honour to consist in the due Discharge of his Calling and employeth all his study and pains to procure and maintain by the making and executing of Good Laws the Welfare and Peace of his People and as the Natural Father and kindly Master thinketh his greatest Contentment standeth in their Prosperity and his greatest Surety in having their Hearts This as to the Political and Moral part of Government And as to the matter of Religion What is it but to inspire a King with Persecution What must this come to when Kings have different Educations and different Tutors to catechize them if the Civil Establishment be not our Standard and the Law our Protection in Church as well as State As to the Case where the King and the Laws are of the same persuasion If Recusants and Dissenters are so unfortunate as to fall under a Prosecution for their particular Opinions be it at the peril of the King's Conscience and those who advise him but here and here only is the true Notion of being Passive and I must confess I can't tell how to help them Here I think they must suffer and not resist but fly to another City if they do not like that where the Government legally sits upon their Skirts Though I know some don't allow the Legislative Power to intermeddle with Religion as having too much a Lay mixture for the Pallet of the Church Yet for my part I do not see how otherwise we could maintain any Establishment in it For though since the Reformation the King as Head hath the Supremacy devolv'd on him and 't is consented that he may make Canons to bind the Clergy even without a Convocation yet as the Church does not allow him to speak with his own Mouth or Act with his own Hands in the Administration of Essentials of Religion
so the State doth not in the Alterations of them So that he is not Absolute or Independent either in his Ecclesiastical or Civil Capacity of Policy And therefore the whole Constitution and Three Estates must necessarily be call'd in on all Occasions of Change in Discipline or Innovation of Rites as well as in the alteration and repealing of other Old Laws or introducing and declaring New ones This by way of Parenthesis But I was speaking of Sir Robert Filmer's Patriarchal Power and the Extravagancies he infers from thence grounded as he pretends from Scripture Therefore I would only ask him one Question more Was there no such proper Word in the Hebrew Greek or Latin for Tyrant or Slave Pray how then came the Words and Doctrine of Non-Resistance and Passive Obedience into the Greek It must be only taken up of late by some such Authors in disgrace of Monarchical Government according to Law and to put Obedience as Legal out of countenance To bring People to submit blindly to Arbitrary Power There is the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which signifies at least King or Prince But is there any one doubts that there has been such a thing as a Harsh Unreasonable and Unnatural Father or King It must follow then that the Obedience intended by the Apostles who wrote in Greek was only to the Laws and the Legal Exercise of them according to the Usage of their respective Places which made them Legal Or to Kings as not being a terror to the Good but only to the Evil But it would tire even Patience it self to follow these sort of Gentlemen in all their Confused By-ways Therefore to return more immediately to my Subject and to my Friend Seigneur de Montaigne whom I am not asham'd to own let the Grave and Wise say what they will for I must ever have a greater Respect for an Author who talks judiciously of Trifling Matters if they be so than for One who talks triflingly on Judicious Subjects He tells us These Great and Tedious Debates about the best Form of Society and the most Commodious Rules to bind us are Debates only proper for the Exercise of our Wits and all the Descriptions of Policies feign'd by Art are found to be ridiculous and unfit to be put in practice And in another place Not according to Opinion but in Truth and Reality The best and most Excellent Government for every Nation is that under which it is maintain'd This Montaigne says who express'd and practis'd as great Loyalty as ever any Man of Sense and Honour did and I agree with him That all Reverence and Submission is due to Kings except that of the Understanding This as a Gentleman and as a Christian he farther adds Christian Religion hath all the Marks of utmost Utility and Justice but none more manifest than the severe Injunction it lays indifferently upon all to yield absolute Obedience to the Civil Magistracy and to maintain and defend the Laws i. e. in English To submit according to Law And all Policy as well as Religion enforces Obedience to the Administrators of Right and Justice And if it be permitted to argue from Etymologies which is surer than from Examples the Grecians tell us the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Vbi homines versantur vel potius a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod sint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 certis legibus juncti And we may assure our selves That People would not build Houses c. till the Possession and Enjoyment of them was establish'd by certain Laws But we shall never have done never come to any settlement if the Forms of Government and Laws are not admitted but suffer'd to be disputed at this time of day We are therefore to take Laws as we find them and as they stand in use and practice by a continued Establishment It can't be material therefore to look back how the Figure of our Legislative Power stood a Thousand Years ago or from a much shorter date of Time How the Form of Writs issued to the Commons was heretofore though no doubt the best Authority is with them and it is confest they were always a Constituent part of the Legislative Power as 't is idle and impertinent to say The Supreme or Legislative Power must be ever Arbitrary this is an absurd Affirmation when all Parties in a Nation agree by their Representatives to the Enaction of Laws By the Laws of God and Man Our Constitution ought now to rest in Peace in an Inviolable Establishment Kings swear as our Saviour preach'd in the Mount to the Multitude A King's Coronation-Oath must be interpreted ad Captum Populi and to ordinary Intendment That so there may be some certain Rule of Governing and true Measures of Obeying whereby the whole Community may be preserv'd in Peace and Order which is the End of all Government We in England seem to value our selves more peculiarly on the Polity of our Constitution There hath been enough said in praise of our Laws No doubt they are very good if well observ'd so good at least That I never heard that any King of England ever pretended to except against them when he was ask't the Question at his Coronation Whether he would Observe the Laws and so Good That the Subject as far as I perceive desires only the Confirmation and Continuance of them And I will be bold to say for the Honour of the English Nation and People notwithstanding the ill Name some are pleas'd to give us at home and abroad at present That there was never any War in England from the Barons War to the late Civil War setting aside the Dispute between the H. of Y. and L. but what was occasion'd and begun on Colour of the King 's imposing an Arbitrary Power over the Rights and Privileges of the People and after Complaint and Application for Redress of Grievances and Restitution of their Rights and Privileges and all other Nations have done the same where they could I speak of the beginning of Wars I do not always justify the End of them And must aver That the People of England in general have notwithstanding the Proverb which is Exotick been always Good-natur'd Subjects Easy enough to be impos'd upon and cajoled out of their Money and their Lives for the Service of the Crown And as I think so Modest that they have never assum'd as Men to stand in competition with Majesty nor have ever pretended to be so much as Kings till Kings were persuaded to think themselves more than Men Hence as you will perceive in these short following Remarks have for the most part sprung those Jealousies which divided King and People and disjointed the United Common Interest of Both. Ambitious and Designing Men have rais'd Fantoms of Powers and Laws which had being only in the Clouds at least had none amongst us And Imaginary Constructions have been put upon those which were plain and obvious The Terms of Power and Subjection
others he himself made the Laws a Measure of his Prerogative It will not be worth Enquiry Whether he first Instituted a Parliament in the Form it now stands He raised Money in a Parliamentary way we find in his First Parliament at Salisbury he obtained Three Shillings upon every Hide of Land towards the Marriage of his Daughter with the Emperor although 't is said there these Aids were due by Common Law from the King's Tenants by Knight's Service viz. Aid to Ransom the King's Person Aid to make the King 's Eldest Son a Knight and Aid to Marry the King 's Eldest Daughter once And although this matter was ascertain'd afterwards by King John's Charter at Running-Mead yet following Kings have not been so tender and reserv'd in this Point If he may be said to be Cruel to his Brother Robert I 'm sure he was very Honourable towards Lewis of France when in England whither he came on his own Head notwithstanding he was Solicited and Tempted to make him away As to his Personal Virtues or Vices they were to himself If he fail'd in the Oeconomicks he had Troubles in his own House and whether his Misfortunes of this kind were occasioned by Judgments or the Follies of himself or Wife it is certain he had his share of them but he took so much care that the Nation knew but very few troubles during his Reign And as he obtained a Kingdom by a sort of Artifice so he used his Prerogative with Discretion STEPHEN THIS King's Reign was almost one entire Scene of Military Actions without any mixture of Civil Policy he did not live a Year to Enjoy or Manage Peace after his Agreement with Henry II. the Son of Maud And there was never any formal Meeting of the Body of the Estates in his time The Expences of his War were occasioned by a troubled Title and he maintained them by Confiscations and although he had continued Charges that way yet he required few or no Tributes from the People 'T is said he had another way of getting Money viz by causing Men to be Impleaded and Fined for Hunting in his Forests after he had given them Liberty to Hunt there For thus far at least the Kings Exercised an Absolute Prerogative only over the Beasts of the Forest Which is a Prerogative I confess they ought to Enjoy Indisputably HENRY II. THOUGH this King came to the Crown by the most Absolute Title and Clearest Right yet in Four and thirty Years time we do not find that he pretended to impose upon his People any Arbitrary Power but by Success and Policy he added to the Crown of England Scotland Ireland the Isles of Orcades Britain Poytiers Guyen and other Provinces of France And for all this he had only one Tax of Escuage towards his War with France His causing the Castles to be Demolished was a justifiable piece of Policy for the reason given as being Nurseries of Rebellion In the beginning of his Reign he refined and reformed the Laws and 't is said made them more Tolerable and Profitable to his People than they were before and what is better Governed himself by them We do not find the Punishments of Capital Offences or others were certain but variable and distinguished in the same Crime according to the degrees of Aggravation The Church-Chroniclers bestow a Judgment upon him for refusing to take the Protection of the Distressed Christians in Jerusalem offered to him by Heraclius the Patriarch and assign his Troubles at Home to that Cause but they might be mistaken and he might as he apprehended have had greater from his own Sons if he had gone Abroad upon that Errand And if the Church will forgive him the Story of Thomas Becket for he was otherwise very Civil to it the State had no reason to complain of him for he suffered neither his Wars nor his Pleasures to be Chargeable to the Nation nor his Concubines to be Spungers on the People RICHARD I. THERE is but little Observable in the Reign of this King with relation to the Subject at Home he being the greater part of it out of the Land If his Artifices of Raising Money were not Justifiable the occasion may at least Excuse him He obtained a Subsidy towards his necessary Charges of War what was properly called Taxation was by Parliament or by the Subjects own Contribution and Method of Charging themselves with as the Money raised for his Ransom If he may be charged with some slips in Justice he made it up in Courtesy which by the by goes a great way with Englishmen for 't is observed they may be Led tho' they will not well Drive And upon his return Home from the Holy Land we find the first thing he did was to give his Lords and People Thanks for their Faithfulness to him in his Absence and for their readiness to Supply him for his Ransom JOHN MOntaigne says in one of his Essays and he speaks it upon Observation of History That Women Children and Mad-men have had the Fortune to govern Great Kingdoms equally well with the Wifest Princes And Thucydides That the Stupid more frequently do it than those of better Understanding Whether this be an Argument of a Providential Disposing and Governing of Kingdoms I leave to those that are conversant that way Some Men perhaps may be apt to think it reflects Disgrace on Dignities if this be true Some Kings are involv'd in such a Cloud of Circumstances of Difficulty and Intrigues that there is no looking into them nor making any Judgment of their Actions Speed guesses of King John That if his Reign had not fallen out in the time of so Turbulent a Pope such Ambitious Neighbour Princes and such Disloyal Subjects nor his Story into the Hands of Exasperated Writers he had appear'd a King of as great Renown as Misfortunes This is civilly and gently said This is certain This King as all others when once they have broke through their Coronation-Oath presently became as it were infatuated and deaf to all good Counsel stoop't to every thing that was mean and base and having once laid aside his Native Honour run into all Dishonourable Sordid Actions The History represents him pursuing his Profit and even his Pleasures by all manner of Injustice He prosecuted his Brother Geoffry Archbishop of York and took from him all he had only for doing the Duty of a Wise and Faithful Councellor Hence his Lords grew Resty and refused to follow him into France unless he would restore to them their Rights and Liberties which he had invaded And when he shuffled with them in the Grant of their Demands What Wars what Miseries did not follow Wars at Home Foreiners call'd in the Nation plunder'd and spoil'd Money procured by Base poor-spirited Tricks He on one Side forc'd to truckle to the Pope and as is said to submit to somebody worse his Subjects on the other hand calling in to their Relief as they thought a Foreiner fetch
't in Lewis the Son of Philip the French King the People in general not living like Men nor dying like Christians nor having Chrstian Burial the whole Nation one dismal Scene of Horrid Misfortunes Behold the Effect of Violated Faith and Arbitrary Oppression But it is no great Credit to Prerogative That this King who had no very good Title unless it were Election was the first Vindicator of it in a violent manner And asserted the Right to Absolute Power with the same Justice as he did That to the Crown in the time of Arthur his Nephew who was the Undoubted Heir By these means he brought himself and People into Troubles which never ended but with his Life HENRY III. HERE we may perceive as also in another Reign or two hereafter how the Irregularities of a Father or Predecessor involve the Son and Successor in a Remainder of Troubles and the Nation also in their intail'd Misfortunes For although those Lords as Sir Richard Baker tells us who had been constant to the Father notwithstanding his Faults were also more tender of the Son who was Innocent and so stuck to him That by the Interest chiefly of William Marshal Earl of Pembroke who married his Aunt they prevail'd so that Young Henry was Crown'd King yet he could not come to the Crown upon the square but was forc'd to do Homage to Pope Innocent for his Kingdom of England and Ireland when he took his Coronation-Oath and to take an Oath to pay the Church of Rome the Thousand Marks which his Father had granted And though after his Coronation most of the Lords maintain'd him in his Throne preferring their Natural Allegiance to Henry before their Artificial Obligations to Lewis and Beat or Compounded the latter out of the Kingdom yet this King Henry so soon as he was got out of Protection and came to Administer the Government himself immediately in gratitude Cancels and Annuls the Charters which he had granted on pretence forsooth of Minority altho' he had taken an Oath as well as the Legate Guallo and the Protector to restore unto the Barons of the Realm and other his Subjects All their Rights and Privileges for which the Discord began between the Late King and his People These Rights and Privileges were several times enquired into and ascertain'd by the Returns of the Knights who were charged to examine them were what were enjoy'd in the time of the Saxon Kings and especially under Edward the Confessor and what the Charters of King John and his own express'd For 't is ridiculous to imagine That William II. Henry I. Stephen and King John should pretend to an Arbitrary Power virtually who all came in by the Consent if not Election of the People We may see how a Favourite can Absolve a King in Law and Conscience too And what a pretty Creature a King is when Prerogative and Humour are Synonimous and he Acts by Advice of a single Person or Party counter to that of his Parliament Hence as the Historians say grew Storms and Tumults no quietness to the Subject or to himself nothing but Grievances all the long time of his Reign He displaceth his English Officers to make room for Foreiners and all the Chief Councellors Bishops Earls and Barons of the Kingdom are removed as distrusted that is for giving him Good Counsel and only Strangers preferred to their Places and Honors and Castles the King's House and Treasury committed to their Care and Government These Indignities put upon the Lords put them also upon Confederating to reduce the King to the sense of his former Obligations but to their Petitions he returns Dilatory and Frivolous Answers and to requite their Favours sends for whole Legions of Poictavins to Enslave the Nation and to crown the matter marries himself without Advice to a Daughter of the Earl of Provence by which he brought nothing but Poverty into this Kingdom Afterwards in the Long Story of this King we hear of nothing but Grievance upon Grievance Confederacy upon Confederacy Parliament upon Parliament and Christmas upon Christmas were kept here now there in as many Places as he call'd his Parliaments and to as much purpose Bickerings upon Bickerings and Battle upon Battle till it grew to that height That the Lords threaten'd to Expel him and his New Councels out of the Land and to create a New King and the Bishops threaten'd him with Excommunication whilst through a various Scene of Confusion and Hurly-Burly sometimes one Party being too peremptory sometimes t'other with an Interchangeable undecent Shuffling on the King's Side and a Rude Jealousy on the Lords and various Turns of Arbitrary Fraud and Obstinate Disputes for above Forty Years wherein Prerogative and Liberty grew Extravagant and Mad by turns till the Nation was brought to the last Gasp at length the King in the Fifty second Year of his Reign in most solemn manner confirms the Charters That Magna Charta which was granted in the Ninth Year and pretended to be avoided by reason of Infancy and the Statute of Marlebridge which he had granted upon his Second Coronation in the Twentieth Year Wherein Magna Charta and Charta de Foresta were confirm'd with this Clause Quod contravenientes graviter puniantur Upon which as is said Peace and Tranquillity ensued And these Charters have never since been Impugn'd or Question'd but Confirm'd Establish'd and commanded to be put in Execution by Thirty two several Acts of Parliament And from the Authority whereof no Man ought to be permitted to recede even in his Writing to flatter any King whatever and Sir Robert Filmer Dr. Brady and Mr. Bohun c. perhaps deserv'd as severe a Correction as Collonel Sidney for writing Books and Papers only for I do not think he deserv'd Hanging if not greater for their's were dispers'd by an ill-tim'd-publication whereas t'others lay still only in his Study We date our Non Obstantes from this King which Matthew Paris calls an Odious and Detestable Clause and Roger de Thursby with a sigh said it was a Stream deriv'd from the Sulphurious Fountain of the Clergy EDWARD I. I Know not whether this King may come up to the Character which some of our Historians give of him in all Respects yet without doubt he stands an Instance and Example of Princely Qualities and Virtues fit to be imitated and at least as he is stiled the Second Ornament of Great Britain And as a Wise Just and Fortunate because Wise and Just Prince who in regard of his Noble Accomplishments and Heroical and Generous Mind deserves to be ranged amongst the Principal and Best Kings that ever were as Walsingham and Cambden Polyd. Virgil and Others relate Baker divides his Acts into five Parts 1. His Acts with his Temporal Lords 2. His Acts with his Clergy 3. With Wales 4. With Scotland And lastly With France And First He gave his Lords good Contentment in the beginning of his Reign by granting them Easier Laws and particularly in the
respect to Richard II. or the Earl of Marsh who had the Undoubted Right as being of the Eldest House without any Title unless what he had from the People or as Stow says was Ordained King more by Force than lawful Succession or Election so he held it in continued Trouble and Confusion saving only the last Year And 't is said he was well pleased that there were always Troubles that there might be no Calm or Interval for Reflection He was so jealous of his Crown that in his Sickness he would have it laid by him upon his Bolster for fear some body should Dispossess him of it as he had Richard the II d and his Son as readily took it up for fear of some other Interposition Though he had not leisure for Politicks yet he made a very useful Observation fit to be thought on by Kings viz. That of Englishmen so long as they have Wealth so long shalt thou have Obeysance but when they are Poor they are always ready to make Insurrection at every motion Here we have also a great Example of a King's Son submitting to the Laws and of a King protecting and countenancing a Judge in a due Execution of them and also of a Judge with a steady Gravity and Resolution puting the Ancient Laws of the Realm in Execution without Favour or Partiality HENRY V. THE Reign of this King was wholly taken up with the Wars in France and here may be seen what an English Prince can do when he himself is Brave and Generous and stands well in the Opinion of his Subjects they paid him Homage before he was Crown'd and voluntarily granted him a Subsidy without asking and he on the other hand ask'd but few By which it appears as Sir Richard Baker observes what great matters a moderate Prince may do and yet not grieve his Subjects with Taxations Under this King who was of English true Honour the Honour of the Nation was at the highest Character for in a Councel holden at Constance it was Decreed That England should have the Title of the English Nation and should be accounted one of the Five Principal Nations in Rank before Spain which often before had been moved but never till then Granted HENRY VI. I Know not what to say to the Reign of this unfortunate King only that it is an instance of the Impertinence of Fortune and of the Unsteadiness of Human Affairs although Philip de Comines says he was a very Silly Man and almost an Innocent yet this silly Innocence seems to be what we call Simplicity in the modest acceptation of the word and the Effect rather of Choice or Observation than Defect 'T is true he had a sort of Passive Understanding but he had Judgment enough to distinguish Good and Bad between Virtue and Vice Success and Misfortune to resent these as a Man but overlook them as a Christian and what Sir Francis Bacon reports of him upon the account of his being to be Canonized That the Pope who was jealous of his Honour and of the Dignity of the See of Rome knowing that Henry the VIth was reputed in the World abroad but for a Simple Man was afraid it would but diminish the Estimation of that kind of Honour if there were not a distance kept between Innocents and Saints seems to be brought in rather for the sake of the Jingle or Jest than Truth His greatest symptom of Weakness was suffering a Wife to be imposed upon him and then being ever after imposed upon by that Wife but I doubt this may have been the condition of some Wise Men and the Earl of Suffolk plaid the fool in the Match not the King any otherwise than by taking the Advice of a single Person without and contrary to the Counsel of his Other Peers c. And what have Wiser Kings done beset with a Favourite or a Wife Whereas he had both which shews that 't is not so much a King 's personal and private Wisdom as That of the General Council of a Nation is to be relied on The Ill-advised Tragedy of the Duke of Glocester made Room and open'd way for That of the King 's by letting in the Duke of York's pretensions to the Crown and soon ended in the Death of the Duke of Suffolk himself So unsafe is it for any Favourite how Great soever to presume on his Own strength against the Interest and Policy of the Commonwealth The Other Affairs of this Reign seem transacted upon a stage of Fortune or Fate rather than Prudence or Policy trod between a Headstrong People Ambitious Nobles and a Queen too apt to Rule and a King too easy and apt to Suffer If we may learn any thing from this Reign 't is only this That Virtue and Goodness without Policy and Justice nor Policy without Virtue and Resolution can Establish a Throne But after all Fate it self seems to weigh down the Scale his Father's Prophecy is said was not to be avoided which I leave in the Words of Howard's Defensative against the Poyson of supposed Prophesies viz. What Prophet could have picked out of Mars and Saturn the manifold Mishaps which befel the Prince of Blessed Memory King Henry the VIth sometimes Sleeping in a Port of Honour sometimes Floating in the Surges of Mishap sometimes Possessing Foreign Crowns sometimes Spoiled and Deprived of his Own sometimes a Prince sometimes a Prisoner sometimes in plight to give Succour to the Miserable sometimes a Fugitive amongst the Desperate Habington in his History of Edward the IVth says That this poor King in so many Turns and Vicissitudes never met with one fully to his Advantage And Cambden says He was Four times taken Prisoner and in the End Despoiled both of his Kingdom and Life EDWARD IV. THE first Twelve Years of this King's Reign if I may so call it who came to the Kingdom as Biondi says not by Power or Justice but by the People's Inclination were passed in a ferment of Blood and the better part of his Two and twenty if I may so say were taken up in Wars and Executions not so much occasioned by Henry the VIth as by the Earl of Warwick so dangerous a thing it is to put an Affront upon a powerful Subject But especially King Edward shewed a very weak part in this Management who came to the Crown chiefly by the Earl of Warwick's Interest and with a confessed Election of his People when he had Married a Subject of no great Parentage or Interest to disoblige such a Subject Dishonourably who had so great a Stroke and made such a Figure in the Nation But all Rules of Policy they say must submit to Love therefore to pass that Oversight for which there is an Excuse made Certainly the Confidence and Trust afterwards by him repos'd in the Duke of Glocester was a manifest Infatuation not to be supported with any pretence of common Consideration or colour of Reason And though Philip de Comines says he was the
Goodliest Personage yet I doubt he was not the Wisest and he might well affirm that his Master Lewis of France exceeded Edward the IVth in Sense and Wisdom How idle and vitious was his Consideration upon that imagined Prophecy That G. should Disposse is his Children of the Crown to suffer it to influence him so far as to consent to the Murther as 't is said of G. Duke of Clarence on supposition foreign enough that That G. was intended him whereas it fell out to be Glocester to whose Tyranny he left them by this Foolish and Ungodly Fancy and such a prophane extravagant Application of Sorceries to which in truth that Age was every where too much addicted And 't was not his jealous practices with the Duke of Britaign against Henry Earl of Richmond could secure the Crown to his Children when he overlook'd the more immediate Danger EDWARD V. ONE would have thought Edward IV. might have without Sorcery or Prophecy foreseen what would become of the committing the Care of Edward the Vth to his Brother the Duke of Glocester who had before Killed Henry the VIth with his own Hand in all probability without Commandment or Knowledge of his Brother and his Son in his own presence and was suspected also to have a hand in the Death of his other Brother the Duke of Clarence besides the symptom of an ill-contrived Soul and Body Without taking notice of all the villanous popular Harangues Insinuations and Artifices used by the Duke of Glocester to get the King's Person into his Power out of the Hands of the Queen and her Friends In short this poor Prince was an Unhappy instance of a misplaced Guardianship and an Unnatural Uncle's Care A Youth made a Jest of Sovereignty for Ten Weeks and Sacrificed to Ambition at Eleven Years of Age and an instance of the fatal Credulity of a Woman too apt to be deceived as well as to deceive He and his poor Brother were Murthered in the Tower Betrayed by an Uncle and too easily delivered up by a Mother A Reign a fit Subject only for Poetry ' Twin-Brethren by their Death What had they done Aleyn Hist of Hen. VII Oh Richard sees a Fault that they were in It is not Actual but a Mortal One They Princes were 't was their Original Sin Why should so sweet a Pair of Princes lack Their Innocents Day i' th' English Almanack RICHARD III. THIS was so great a Monster in all Respects that he ought not for the Honour of England to have place amongst the Catalogue of Kings There ought to be nothing Recorded of him but only this That he died in the Field with his Sword in his Hand 'T is said he made Good Laws but I know of none Extraordinary but only One which is rather a Popular Declaration of what was so before and that was That the Subjects of this Realm shall not be charged by any Benevolence or such like Charge but it shall be damn'd and annull'd for ever Let his Laws be transferr'd to another Reign let us not acknowledge Mercy from the Hands of Blood Sir Francis Bacon saith That his Good Laws were but the Brocage of an Usurper thereby to win the hearts of the People as being Conscious to himself that the true Obligations of Sovereignty in him failed And if he had lived no doubt would have proved such a One as King James the First describes a Tyrant to be HENRY VII IT behoved Henry the Seventh having in himself but a slim sort of distant Title to support himself by Policy And here will appear what Single Prudence can do This maintain'd his Crown whilst he trim'd between Conquest Military Election Parliamentary Birth Donation and Marriage Though he did not care to be beholding to the Last and to take a precarious Right from a Wife Sir Walter Rawleigh says He was a Politick Prince who by the Engine of his Wisdom beat down and overturn'd as many Strong Oppositions both before and after he wore the Crown as ever King of Enggland did And Cambden Through whose Care Vigilancy and Policy and Forecasting Wisdom for times to come the State and Commonwealth of England hath to this day stood Establish'd and Invincible Henricus noster Septimus cum omnes Regni rectè Administrandi Artes calleret sic his Ornamentis Instructus venit ut cum Pacem Exulantem Exul exterremque Extorris concomitatus esset reducem quoque Redux aportaret Win. Com. de rebus Brit. But perhaps the Tyranny of his Predecessor might make his first Steps more easy However I take Henry the Seventh's Master-piece of Wisdom to be That he used That of other Mens also He call'd his Parliament and consulted with it upon all Occasions especially when he had any Provocations to War from France or Scotland Not insisting on but ever waving that impertinent piece of Prerogative of Declaring War upon a King 's own Head This Method open'd his Subjects Purses This procured even a Benevolence as odious as it had been heretofore and Great Sums of Money were soon collected by it The Commotions which happen'd in the North and West upon gathering the Subsidies were but slight Exceptions taken on the Occasion of the Extravagancies and Passions of particular Persons And the Business of Lambert Simnell and the greater Attempt of Perkin Warbeck were but the Effect of a Woman's Malice and promoted by the Dutchess of Burgundy who was an Avowed Enemy to the House of Lancaster Sir Francis Bacon tells us His Time did excel for Good Commonwealth Laws so that he may be justly celebrated for the Best Law-giver to this Nation after King Edward the First For his Laws whoso marks them well are deep and not Vulgar not made upon the Spur of a particular Occasion for the present but out of providence for the future to make the State of his People still more and more happy after the manner of the Legislators in Ancient and Heroical Times I suppose he means the State-Laws against Retainers and Riots these seem more properly to be made on his own Account and that no Person assisting a King de Facto should be attainted therefore by course of Law or Act of Parliament and that if any such Act should be made it should be void which seems also calculated for a particular purpose though it hath since made so much noise in the World as the Act to take away the Writ De Haeretico Comburendo was in King Charles the Second's Time And this de Facto Act seems to have no foundation at that time unless it were for fear of the Earl of Warwick who was the last Heir-Male of the Plantagenets for the King and People most certainly knew that Richard the Younger Brother of Edward the Fifth was Dead and Safe whom Perkin pretended to represent And methinks after all this Act seems to have but a Weak and Dishonourabble Foundation and leaves an ill Savour and will cast a Reflection some-where For Fears and Jealousies
put Men and Kings too often upon poor spirited Actions But letting this pass Another touch of his over-Wisdom viz. his Disposition to squeeze Money out of his Subjects Purses by Forfeitures on Penal Laws was an Excess of Policy scarce to be excused and as is said without all doubt proved the Blot of his Time and as Sir Robert Cotton observes There is no string will sooner jarr in the Commonwealth than this if it be generally touched This was that which passed for the Disgrace of his Reign though what may pass under the Name of Severe Justice And though he escaped the Violent Consequences of it himself yet the fatal Return overtook Empson and Dudley in the beginning of the next Reign who were both executed for Treason for extending this Summum Jus to Violence and Injury and turning Law and Justice into Rapin Though it will puzzle a Lawer to determine what Species of Treason this is unless it be against the Laws by traiterously betraying the Trust reposed in them But no Government King or Person is without some Failing and Wisdom it self may be overacted HENRY VIII I Am not to determine how it came about yet it may be observable That though this King came to the Crown by an Undoubted Right of Succession as Heir of the House of Lancaster by his Father and of the House of York by his Mother yet upon his Coronation the People were ask'd Whether they would receive him for their King But I know this will be thought a trivial Matter of Form not worth taking notice of It is said his first Years were a Reign by Book having come from the Instruction and Contemplation of Good to Action his Notions stuck by him some Years And not to pretend to single Sufficience at those Years at least That he might know how to perform his Coronation Oath he chose a Wise Councel to direct him in the Observation of the Laws and as they generally do in all New Reigns He redress'd the Grievances of the former by making Examples of the Oppressors in the last He did not enter into the War with France upon his own Head neither upon the Advice of his Privy Council but had it debated in Parliament where it was resolved That Himself with a Royal Army should invade France and then for that purpose an Extraordinary Subsidy was willingly granted towards the Charges thereof These were the beginnings of his Reign and he might have finish'd it with the same Honour and Wisdom if Woolsey had not piously told him He might lay aside the use of his Understanding and his own Consideration no doubt to rely on his That he should not need to trouble himself with frequenting the Council-Table but might take his Pleasure c. Admirable Councel for a Priest And he himself would give him Information c. Thus he ingrossed the King disobliged the King's Friends caus'd the Archbishop of Canterbury Bishop of Winchester Dukes of Norfolk and Suffolk to withdraw from Court and Topp'd his Prerogative upon the King 's and led him away by the Misdirections of his own False Oracle persuades and puts the King upon Lending the Emperor Money who was poor and Insolvent because forsooth the French King had withheld the Revenue of the Bishop of Tourney that is his Own After he had tired the People with his Civil Justice before he sets up for an Arbitrary Spiritual Power in himself Obtains an Office from the Pope to dispence with Offences against Spiritual Laws and erects a Trade for Sin to make Virtue and Religion Venial and betrays the King into the Restoring or Surrendring Tourney for great Gifts and greater Promises after that he found it did not turn to Account and he could make nothing of it by way of Yearly Income And thus dishonour'd the King and Nation and like a very Godly Prelate dissolv'd the King and Court into all sort of Luxury and the Priesthood it self into Licentiousness and Disorder And so far the Artificial Malice and Villany of this Sawcy and Bloody Butcher's Son went who had neither Honour or Religion That he persuaded the King to sacrifice his Nobility to him and the Duke of Buckingham must be made an Example and Martyr to his Revenge for only pouring a little Water into his Shooes when he had the Impudence to dip his Hands in the Bason whilst the Duke held it to the King to wash He alone could create Misunderstandings between the King Lords and Commons by vertue of his Lies and Misrepresentations of Matters from one to the other altho' he had been caught in them more than once He dissolv'd Convocations by vertue of his Power Legantine which were convok'd by the Archbishop and calls Him and all the Clergy to another Place according to his own Imperious Fancy diverts the Laws of the Land and seeks to raise Money by Commission which the People opposed and the King was afterwards forced to Disclaim On the other hand abuses the King's Grace and takes it upon himself alters the State of the King's House Retrenches the Allowance of his Servants and in short arrogates the Power over Servants and Master also and assumes the Power and Honour of the King and Stiles and Directs Ego Rex meus in his Writings and Letters to Rome and Foreign Parts This could an humble Successor of the Apostles do And by the bye It may be worth observing how far Pride can inspire these Prelatical Sparks with Presumption who pretend to be but the Representatives of the Apostles to exalt themselves above and Lord it over Kings whom yet they themselves acknowledge to represent God I regard not their Distinctions neither before nor since their Compliment of the Supremacy which they would resume if they could without a Pope But it happen'd the Cardinal carried on the Scene and State of Pageantry too far even to his own Ruin and the King's Eyes were open'd at length after that the Cardinal had cut him out a way for the Ruin or Reformation rather of the Church as well as himself and by his Exorbitant Behaviour had open'd the Door to the Parliament to Redress the Grievances and provide for a Remedy against them by restraining and wholsome Laws I am the more particular upon this Prelate because he was the Hinge upon which every thing turn'd and would set a Mark upon him for Kings to know whom to avoid and for what Reasons And would upon all Occasions also remind them how wretched and inconsiderable a Creature a King is when he abdicates his own Reason to submit it to another's and waves the Publick for any private Whispers of Admonition I desire to be excused from medling with the long Story of the King's Quarrel with the Pope and the Occasion and shall pass over the Alterations in Religion in this King's time or what was more considerable the Change and Dissolution of Religious Houses I have nothing to do with his Shifting and Dissolving of Wives neither
giving the Pope a Lifting-hand and rais'd his drooping Head here so early after the Reformation and when at the same time the Protestants in Germany France and the Low-Countries were groaning under a Persecution Which made Du Plessis complain Que Sa Majestie D'Angleterre trop arreste à quelques petits dissensions entre les Siens n'evoit pas assez de soin de la guerison de plus profondes playes qui sont en l'Eglise and which made the House of Commons Petition and Remonstrate in the Force of Fourteen Reasons and Ten Remedies in the XIXth Year of his Reign which had only this Effect to make him fly to his old Refuge of Prerogative with a Huff And that the Mariage of his Children Peace and War c. were Matters of State and Government above their Considerations And Speeching it backwards and forwards which he took great Delight in till his Son-in-Law was despoiled of his Ancient Patrimony which he at last ingenuously confess'd was through his Default Here 's the Effect of Prerogative These Proceedings I suppose put Sir Robert Cotton upon Enquiry what the Kings of England had done in the like Cases And after great pains in the search of Records he informs us That the Kings of this Nation ever since the Conquest so soon as they were cool enough for Councels have usually consulted with their Peers in the great Council and Commons in Parliament of Mariage Peace and War He might have said before the Conquest also for Harold who had promised William Duke of Normandy to take one of his Daughters to Wife Answers That he should be very injurious to his own Nobility if he should without their Consent and Advice take a Stranger to Wife If we look into our Neighbour Kingdoms Mezeray will tell us That the French during the two first Races and part of the third had a Right to intermeddle and controul the Mariages of their Kings and neither could the King make War without the Lords In earnest I know not whether Kings in Reason ought to be permitted to Converse with Ambassadors on t'other side of Forms upon their own Heads without a Quorum of their Councils For Nations generally send the sharpest Men on such Errands and sometimes Kings are not a Match in Politicks for them as it plainly appeared by this Story this King was not for Gondomar who outwitted him who pretended to be the wisest But King James came over to us Tinctur'd with his Scotch Notions of Monarchical and Sovereign Absolute Power without vouchsafing ever after to consider the English Constitution and he lets us see what Opinion he had of Parliaments in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein he Advises his Son to hold no Parliaments but for Necessity of new Laws which would be but seldom Not it seems for the State Matters of War Mariage c. No not for raising Money neither so long as he could get it by Privy-Seals and Benevolences Besides after all he did not come hither without some Prejudices to the English People though he had none to the Crown of England Thus there may seem to be some inconveniences in a Learn'd Crown'd Head This King thought himself too Wise and too Knowing He was above Advice or Instruction because as he thought he was capable of giving it He was too wise in himself to be taught by others and yet not wise enough always to follow those Rules of Wisdom which he had given As is evident by the Observation of his Theory and Practice and by his inconsistent Directions to his Sons Henry and Charles He was a little too much addicted to the Pedantry of a Scholar and affected with Polemical Controversies in Words which he dreaded in Action Was more for determining Quarrels by the Pen than the Sword And perhaps might have made a better Bishop than a King a better Father of a Family than Country as being better seen in the Oeconomicks than Political Government of a Nation CHARLES I. MOntaign whom I confess I delight to bring in as often as I can though I know the Philosophers are angry with him for I do not pretend to be a better Politician or any thing else than he was The Grave have Gravity in them but I know not what besides says That about a Month since he read over two Scotch Authors of which he who stands for the People makes Kings to be in a worse condition than a Carter and he who writes for Monarchy places him some Degrees above God Almighty in Power and Sovereignty I 'm sorry there is no Medium and I know no Necessity for Either Who those two Scotch Authors were ev'ry one knows King James complain'd of one of them and advanc'd t'other as it always happens to them who stretch for Kings Such have been the Notions of Government in both Extremes and both were unhappily experimented in this Reign This King flush'd I doubt with such Authors as the last and perhaps withal observing what was done in France under Lewis the XIth who boasted that he had mis le Royaum hors du Page as he calls it and who as Mezeray observes had even Government without Council and most commonly without Justice and Reason Who thought it the finest Policy to go out of that great and beaten Road of his Predecessors to change ev'ry thing were it from better to worse that he might be fear'd His Judgment which was very clear but too subtle and refin'd as was that of King James was the greatest Enemy to his own and his Kingdom 's quiet having as it seems taken pleasure in putting things into disorder and throwing the most Obedient into Rebellion Who rather lov'd to follow the bent of his own irregular fancies than the wise Laws of the Land and made his Grandeur consist in the Oppression of his People c. And also in the Reign of Henry the IVth who gave the last stroke to Parliamentary Formalities and Huff'd the People into a new Law that from thenceforth the King's Edicts should be ratified on sight without those formal triflings of Dispute by Virtue of Living and Ruling always with his Sword in his Hand might conceive some such great Hopes These Reflections might perhaps inspire King Charles with the French Ayre of Grandeur but a People is sometimes quick-sighted too And hence on a sudden grew an impertinent as it then seem'd Jealousy between King and People One pretending to too much after one Author and t'other yielding too little by the other Whilst the former might be Nibbling at Arbitrary Power in an Extended Prerogative and the latter enlarging their Liberties somewhat beyond a modest bound and there were Courtiers in those Days also such as Philip de Comines observ'd in Court Language to Complement a King call'd it Rebellion to mention a Parliament and Lewis also was a superstitious Friend to the Church whilst he was assaulting and oppress'd the State In these and such like Circumstances of Notional
the Popish Match and Popery was at the bottom For though it be said the Puritans had a Design to throw him out of the Saddle right or wrong and that nothing of Concessions should ever satisfy them and this perhaps may be true of some very sower Zealots and extravagant Pretenders yet 't is improbable and what they could never have hoped for and the greater part of the Presbyterians were drawn in by Surprise who did not foresee the end and withdrew afterwards when 't is true 't was too late But after all the design was carried on in other Nations besides our own and by other Councels beyond ours And Popish Priests had not only their Heads but Hands also in the Business not only in Peace but War likewise as you may read in Mentet who would not lie in that Affair 't is a pretty scarce Book and therefore I will give you his Words he says speaking of the Battel of Edge-Hill Ce que surprit le plus tout le Monde ce fut qu' on trouua quelques Prestres parmi les Morts du Costé des Estates Car Encore que Dans leurs Manifestes ils appellassent l' Armeé du Roy l' Armeé des Papistes pour le rendre Odieux au Peuple ils avoient neamoins deux Compagnies de Wallons d'autres Catholiques dans leur Armeé Outre qu' ils avoient rien oublié pour tascher d' engager en leur Partie le Chevalier Arthur Aston Colonel Catholique de grand Reputation And he says before That the King published an Edict at Stonely afore that wherein he tells them He did not mean that any Papist should come to serve in his Army that he might not give Discontent or Jealousy to his Protestant Subjects but then 't was too late for such like Overtures of Honour or Professions of Sincerity But to go on with Mentet Il est vray que le Roy avoit aussi sou e rt dans son Armeé quelques Officiers Catholiques Homes de grand suffisance les bien intentionées pour le bien de l' Estat ainsi les appella't ' il dans la declaration qu' il ' fit publier apres le Battail à quoy les Estates n' oublierent pas de repondre par autant des Contredits Il temoigne qu' encore que les Estates eussent sans Comparison plus grand Nombre des Catholiques que luy dans leur Armeé qu' ils eussent tasché par toutes sortes de moyens de gaigner tous ceux du Royaume leur ayant fait promettre sous main que moyennant qu' ils voulussent prendre partie avec eux On abrogeroit toutes les Ordinances faites à leur prejudice Il ne pouvoit toute fois se resoudre d'appeller les Catholiques à son secours n'y de revoquer son Edit por le quel il leur avoit fait des defenses de s'y presenter Il asseure de plus tous les bons sujets que bien qu' il eust regard aux personnes des Catholiques qui l'avoient secouru dans sa Necessité qu' il eust bonne Memoire de leur Services il ne feroit pourtant jamais rien en faveur de leur Religion c. All this came too late for our purpose yet if this and his Manifesto at the beginning of the English and Scotch Presbytery if his Letters to the Queen taken at Naseby wherein he protests to differ in nothing from her but Religion if his other Conferences with the Marquess of Worcester c. and his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Dying Speech will not satisfy Men that he was no Papist they seem to be as Cruel to his Memory as they were to his Person Though after all his Articles of Mariage were too Frank for a Church-of-England-Man who was not in Love at the same time And the Spanish Match if either might probably have had somewhat a better Success for this Reason only That the King of Spain was going down the wind whereas the French King was advancing and I must repeat it the Observation of what his Brother of France Lewis the XIIIth was doing but just on t'other side of the Water increas'd our Jealousies on this and gave an incurable Wound to the King's Reputation This made the People with some colour of Reason by way of prevention endeavour to wrest the Sword out of the King's Hands and attempt to get the Militia into their own upon this pretence the Parliament were forward to put a false Construction upon his Raising of Forces and turn'd it to a Levying of War on the People in order as they call'd it to subvert the Laws and introduce an Arbitrary Tyrannical Government whereas we have the King's Word for it That he took up Arms only to Defend the Fundamental Laws of the Kingdom and in his Dying-Speech he tells the World He did never intend to incroach upon the Privileges of the People and that he desired their Liberty and Freedom as much as any body whatsoever and that he died a Martyr of the People meaning I suppose for them And after all these Proceedings are so unaccountable that they can't be reconciled to any Rules of Political Observation there seems to be somewhat of Fate in them which will not be confined to our little narrow ways of Reasoning nor to the more enlarged deep Politicks of Statesmen The Event exceeded the Scheme laid by Richlieu and the Expectations of his Successor Mazarine who at first being surpriz'd did prosecute the King's Death with some Resentment though after like a true Politician he kept Correspondence with Cromwell It seems their design was only to Embroil England whilst France carried on its Designs elsewhere not to Establish any setled Power not a Commonwealth certainly Their Business was but to Embarass our Councels that they might be at liberty to followitheirs without Interruption Not to Establish any Religion not even Popery for even Religion was not their Business if it could have procured Peace and Prosperity to the Kingdom But only to Counterpoise the two Extremes of Popery and Fanaticism after the manner of King James for a while and to set the Fanaticks themselves by the Ears at last Thus their Correspondents their Agents and their Money was employed on all Hands to confound us in England as well as the Jesuits had done all Europe by their Intriegues before and we must fatally run into their Noose But there yet farther seems to be some extraordinary Hand in the Turn of these Affairs above the Common Councels or Actions of Man though not to be adjusted to Human Measures of Comprehension Who knows what to say to the Prophecy of Nostredamus setting aside the Scotch Predictions and those nearer home viz. The Senate of London shall put their King to Death 'T is so very peculiar though Printed almost an Hundred Years before that it must intimate something and even
this or nothing This and those which Mezeray reports to have preceded the Death of Henry the IVth of France particularly that Ticket which a Priest found upon an Altar at Montargis giving notice that the King would be Assassinated his Horoscopes which determined the Year of his Life and even the Queen 's own Dream that the King was Stabbing with a Knife to pass by all others relating to this and other Occasions must import this at least to use Mezeray's own Words who I believe was no more Superstitious this way than my self That there is a Sovereign Power which Disposes of Futurity since it so certainly Knows and Foretels it But this Subject is not my Part. Nevertheless in truth there appears to have been some extraordinary Conjunctions of the Planets or something more Extraordinary which gave that extravagant Turn to Powers here below not only in Europe but other remote parts of the World and put sublunary Motions in such a Ferment about these Times as was evident in the Kingdoms of England Scotland and Ireland Spain Germany France Portugal and Naples and the Hurly-burlies and Revolutions there and in several other Parts but also between the Tartars and Chineses and in the Empire of the Great Mogul between Cha-gehan and his Four Sons especially Aureng-zeb the Story whereof is Famous and you may Read it at large in Tavernier Which Aureng-zeb Sir William Temple calls a Fanatick and compares to Cromwell as if all such strains of Empire were Enthusiastical like that of the Great Turk But to return to take my leave of King Charles Morally speaking I think the Queen was the Chief Occasion of all those Misfortunes which attended Him and the Nation for there is no reason the Welfare of a Kingdom should hang at a King's Codpiece The King 's Marrying a Papist gave the suspicion of Popery and the suspicion brought in Popery in Earnest CHARLES II. AS to the first Twelve Years of the Nominal Reign of this King 't was such a Farce of Policy and Government that it Libels the Chronicle and I believe he had been sooner in his Throne if he had never made a Step to help himself by the Disturbance of those who usurp'd his Place I wish for his Honour in the beginning he had not intermedled with the Action of Montross during the Treaty with the Scots it reflected some Aspersion upon his Sincerity and he only sacrificed one Friend's Life and the Reputation of others and thereby prejudiced his own Interest for the present But I know that Business hath also another Face and therefore I pass by that and some other Occurrences to proceed to his own Administration after he was Crowned in England Which I shall touch but very slightly neither as slightly as he did the Interests of the Nation the History of these Times being fresh in every one's Memory I am very much at a loss considering the different Opinions of him and his Inconsistency with himself with what Character to introduce this King to his Government If he was a Protestant when he came over to Us as all his fine Declarations c. import surely the Devil ow'd Us a shame pardon the Expression that we should blunder on a Popish Match again at first dash Here was a loose given to the Papist and Fanatick to play their Old Game over again and he put himself under a necessity of Suspition with his People once more For let a Prince make what Gracious Speeches he pleases his Actions will be always more significant and speak plainer than his Declarations Hence this Dilemma became entailed either he doth answer the Expectations of the Papists or not If he doth and gives them any Assurances c. his own People are upon his Skirts If not then he is attack'd by the Indefatigable Plots and Attempts of the Jesuits and that Party In the mean time in what a blessed Condition of Settlement is a Nation It can never be at quiet I shall not pretend to dive into the Mysteries of one Plot or t'other let them stand on their own Bottom in the validity of the Records No doubt there always hath been a Popish Plot of one sort or other more or less as our Kings have given them a helping hand ever since the Reformation and I believe ever will be so long at least as our Kings manage Affairs as they did for the Four last Reigns And for ought I know too there may have been a Fanatick Plot ever since Calvin's time and will continue as long as Kingly Government and Church-Hierarchy are in fashion Neither shall I trouble my self to enquire which Plot was the Agressor which Plaintiff which Defendant which the Original and which the Counter-plot But between them both this King had reduced himself to a pretty Condition of Trouble if any thing could be so to him by his Trimming a Quality which was scouted in the Subject For in the Popish Plot he was to be taken off for not being a Papist or at least for not coming up to their Expectations of him and by the Fanatick Plot he was to be Blunderbuss'd and destroy'd for being a Papist and favouring their Designs too much But to determine the precedence of these Plots I think the Popish Plot first appeared upon the Stage against him and it is thought attended him at his Exit though he died of their own Persuasion I mean the Popish was the first Plot of Quality for I take no notice of such little Things as the Extravagant Matter of Venner or that in the North which was but a Fag-end of that in Ireland and scarce then setled nor of any thing of that nature which happen'd before the Year 1670. I do not find any Plot of Consequence till after the Acts of Parliament against Dissenters not taking notice of the Act of Vniformity or that against Quakers but not till after that against Dissenting Preachers in Corporations that against Conventicles which came after the Declaration for Liberty of Conscience and as far as I can see without any great provocation which Acts as they themselves speak were grounded chiefly on Surmise and Suspition Thus was he fain to shuffle on sometimes in the form of Persecution against Dissenters sometimes in that of Toleration and Indulgence to them and their Tender Consciences so that Religion grew a meer State-Weather Cock as Circumstances happen'd and turn'd as Court Cabals mov'd now one way now another Whereas if he had come over a True Church-of-England Man as he pretended to profess himself he might have reduced the Church easily enough to some degree of Uniformity and modell'd the Civil Government and Ecclesiastical State to a good Temper having the Military Power in his own hands by the Militia Acts. But I suppose that was not his Business And he discover'd the same Unsteadiness in Civil Matters shifting Ministers and Officers Proroguing and Dissolving Parliaments without apparent Reasons and 't is said for very bad Ones sometimes and at
Kings such our Ministers and such were the People to be But all these Kings of the Scotch Line seem to have differ'd in their Ideas and Methods of Government King James the First Philosophised upon it Charles the First Reason'd on it with too much Opiniatretie and King Charles the Second Banter'd it and I 'm sure King James the Second did not Moralize upon it JAMES II. IF what Sir William Temple says of King Charles the II d be true and he gives good Authority for it viz. That the Prince of Orange upon Discourse c. said to him That the King Charles II d was as he had reason to be confident in his Heart a Roman Catholick though he durst not profess it It will go a great way towards the justification of those Gentlemen and their Conduct in the Oxford Parliament c. in relation to the past King and much more the Behaviour of the Nation towards King James of whom there was no doubt of being one and who dar'd own it at last though he very meanly prosecuted One upon a Scandalum Magnatum for having said so once For no doubt they both came over as much Papists as they ever were and if the first dyed such I can't but believe he had lived one for Thirty Years at least and they will both stand in need of a very great Dispensation somewhere else for their Hypocrisy so many Years If King Charles believ'd nothing of the Popish Plot as is said I know not whether it will diminish the Credit of it But 't is certain his Successor King James abundantly confirm'd its Credibility even so much as to give a Reputation to the intended Bill of Exclusion though the Loyalty of the People then ran so high that they were not willing to part with him without Experience nor then neither it seems by some vainly imagining that the Honour of a Popish King could supersede and take place of his Religion The Books and Pamphlets of that Season have sufficiently exposed or demonstrated the Character of this King and the Principles of that Religion And 't was as Evident to any body that would see what he had been doing in his Brother's Reign as what he did in his own Whether we conclude his Practice from his Principles or his Principles from his Practice there 's enough to convince for the past and to caution for the time to come If Declarations repeated with so much Solemnity and broke through with so much Ease and a Coronation-Oath Discharged and Violated so plainly though with an impertinent Distinction of the Judges to keep up a feeble Countenance of Law For what will not Judges in Commission during pleasure say or do For our Judges are not Sworn as those Judges whom the Kings of Egypt made solemnly to take an Oath that they would not do any thing contrary to their Conscience though commanded to it by themselves If the Business of the Irish at Portsmouth If the sending the Lord Castlemain to Rome and receiving a Nuntio here which was never suffer'd in a Protestant Country nor at Treaties where Protestant Ministers have been If the Letters from Liege to the Jesuits at Friburg If sending the Lord Preston to France which sufficiently implies a French League to mention no other Evidence of it nor the Story of sending out the Fleet Half-Mann'd If these or any of these did not unvail the Designs of that King we shall ever be in the Dark and nothing on this side of Dragooning could have open'd their Eyes they must also be persuaded That the Pope King Lewis and King James were all well-wishers to the Protestant Religion and to the Heretick Prosperity of England as by Law Establish'd That inviduous little Management of Magdalen-College Affair with Huffing a parcel of poor naked Fellows of a College for not swallowing Perjury without a Dispensation shews his good Nature equally with his Policy and sets forth in Epitome his Devout Observation of an Allowance to Church-of-England Consciences The prosecuting the Bishops so Barbarously First One for refusing to do what was not in his power by Law and then the rest for humbly begging to be allowed to have Souls The turning all the Nobility and Gentry out of all Commissions Offices and Places for pretending to Honour and refusing to concur in Dissolving the Reformation was a Master-stroke that we might be subdued and over-run with Jesuits Councels and Irish Courage and Conduct Some of his Friends are so Hardy to fancy and pretend to say He could not have introduced Popery if he had endeavoured it they should have put in Arbitrary Power too For what cannot a King do over a passive People Disarm'd in Power and Defective in Notion and Thought Cependant les Anglois se doivent souvenir le Massacre D'Ireland c. says a late French Author but I forbear to give you any Account from the French Refugees 'T is true he could not subdue our Understandings but he might exercise a fatal Tyranny over our Wills Besides King James never tried fair means which would have went a great way he went the false way to work upon Englishmen I doubt we are not so much Temptation-proof And it might for ought I know have been a dangerous Experiment to have trusted the Church with it self so long in an Enemy's Quarter We see King James hath lived a great many Years enow to have gone a great way with us with the Assistance of French and Irish and such Subjects as were inclinable to be of the King's Religion at Home and he must have gone as far as he could No doubt the Nation had been as easily supplied as Magdalen-College But it happen'd very luckily for England that King James discover'd his Temper of Spirit a little too soon We all knew of what force Edicts-had been in Hungary and France the Copies whereof our Kings had been so apt to follow and what the Duke of Savoy had been doing in the Valleys of Piedmont but we would not believe King James was Cruel was a Persecutor scarce that he was a Papist because he had the Art to Conceal and Disguise himself a little before it was in his power to use the Rod. But presently Father Petre shew'd that he would do as much in England as la Chaise had done in France and the first was observ'd to be the hottest of the two And not to aggravate or mince Matters They must all have done what lay in their power in Obedience to what their Councils Decree towards the Extirpation of Hereticks But God be thanked King James did not shew himself that Prince of Resolution at least he fail'd them in one Character as they would have had him deceiv'd us by another He was pleased for some Considerations whether of Fear or Guilt to leave us abruptly and we have taken that Advantage of parting with him fairly And I wish him all the Happiness that is consistent with the Welfare of England Only let us as
Englishmen remember That we now have an Act of Parliament of our side which Asserts the Rights and Liberties of the Subject and hath Establish'd the Settlement of the Crown and which incapacitates any Papist or Person Marrying a Papist from having and enjoying it which Act is only Defective in this That it is not Order'd to be Read in the Churches twice at least every Year and upon Penalty of Deprivation If such a Law had been made in Edward the VIth's Time it might have sav'd some Blood and Trouble since the Reformation WILLIAM III. THE Lord Chancellor Notttingham in the Case of the Duke of Norfolk and Charles Howard Esquire c. hath in my Mind a notable Expression viz. Pray let us so Resolve Cases here that they may stand with the Reason of Mankind when they are Debated abroad Shall that be Reason here that is not Reason in any part of the World besides In truth we are apt to be peculiarly Artificial in our Thoughts and way of Argument and our Reasonings are too Municipal Thus every little Pedant can Settle and Establish the Affairs of Religion and Government and can Resolve all the great Mysteries of Church and State as he thinks in his narrow Study But if a Man looks Abroad and takes a general survey of the World and reflects upon the Universal Notions and Customs of Mankind his Soul will become more enlarged and will not determine so Magisterially upon the Principles of any particular Sect or Society The Case of King WILLIAM in it self is perhaps the most Glorious and Generous Cause that hath appeared upon the Stage of Human Actions yet hath been sullied by dire Representations by poor-spirited and precarious Arguments which have been brought in for its support His Title to the Crown of Great Britain stands Firm and is justifiable upon Natural and Sound foundations of Reason without Props But hath been so oddly maintained by the manner of its Defence that it hath been the Justification only that hath Disgrac'd the Revolution Doctrina facit Difficultatem We have been running out of the way to fetch in Aids from Art and Learning whilst Nature presents us with obvious and undefiled Principles of Reason Thus the King's Accession to the Throne hath been introduced by shuffling between Providential Settlement Conquest Desertion Abdication and topping Protections of Power whilst Men of Honour and People of Honest Plain Understandings stand Amazed instead of being Convinced and hang back when Allegiance comes to be explained and a Recognition demanded an Association proposed frights us as a thing strange and impious which shews our Allegiance was not rightly founded but looks like a thing of Fancy built upon a forc'd and fictitious bottom All these ungrateful Terms have been ingeniously exposed by Mr Johnson except only Abdication which with submission is also too Artificial a Word not to be found in the Alphabet of Spelman a Civil Law Term used almost in Fifty several Senses and therefore an uncouth Expression of the Common Laws of this Realm to speak in The Word Forfaulture seems to have a plainer Signification to our common Understanding This as Forisfacere Forisfactum Forisfactura and Forfacere Forfactum Forfactura c. we find in Spelman and it signifies Rem suam ex delicto amittere sibi quasi extraneum facere Rem culpâ abdicere alterique Puta Regi Magistratui Domino abjudicare Forisfacere pro Delinquere peccare transgredi Injuriam inferre LL. Edw. Confess cap. 32. ut Codex noster MS. legit Aliqui stulti improbi gratis nimis consuetè erga vicinos suos foris facebant This agrees with the Sense of King James the I st his Speech to his Parliament viz. A settled King is bound to observe the Paction made to his People by his Laws in framing his Government agreeable thereunto And a King Governing in a settled Kingdom leaves to be a King and degenerates into a Tyrant as soon as he leaves off Governing according to the Laws In which Case the King's Conscience may speak to him as the Poor Widow said to Philip of Macedon Either Govern according to your Law aut ne sis Rex And if a Subject's Conscience may not speak the same thing King James's Words signify nothing The other Words carry an Odious or suspected Construction in them the First in the Convocationstyle implies Guilt and at best creates but a Transylvanian Allegiance the Second is a Jest and false in Fact besides 't is what the King himself disowns the Third is an idle Sham as stated and the Fourth is also a little strain'd as I concieve and we might for ought I see as well have call'd it a Cession especially if King James was a Spiritual Person of the Society of Jesuits as hath been said But what need we any Term of Art Let the matter express it self by Periphrasis in its own genuine Phrase It is fairly stated in the Prince's Declaration And our Case is no more nor less than this A King contrary to his Coronation-Oath dispenses with and breaks through all the Established Laws of the Land Invades and Subverts the Rights Liberties and Properties of the People which he Swore to maintain inviolably and Dissolves the Constitution of Church and State in an Arbitrary Tyrannical manner the People therefore in Defence of their Laws Rights and Religion and the necessary Preservation of them Oppose the violent proceedings of such a Prince I put the Case at the worst and also apply themselves to a Neighbouring Prince who hath an Expectation of a Right to the Crown and pray in Aid of him to assist them in the Maintaining and Defending their Legal Rights together with his own Title to the Succession who in his own Words makes Preparation to Assist the People against the Subverters of their Religion and Laws and also Invites and Requires all Persons whatsoever All the Peers of the Realm Spiritual and Temporal and all Gentlemen Citizens and other Commons of all Ranks to come and assist him in order to the Execution of this Design against all such as shall endeavour to Oppose them to prevent all those Miseries which must needs fall upon the Nations being kept under Arbitrary Government and Slavery and that all the Violences and Disorders which have overturn'd the whole Constitution of the English Government may be fully Redressed in a Free and Legal Parliament to secure the Nation from relapsing into the Miseries of Arbitrary Government any more Upon which appearance of mutual Defence for Self-preservation the Conscious King Retires first leaves his Army which no Man I will be bold to say would do without Guilt or Cowardice and I 'm sure a Prince that had been Brave or acted upon Principles of Honour would have Fought it out with but Ten Regiments or with One at his Heels which was Richard the IIId's Case in the first sence though not in the later and after leaves the Realm for Reasons best known to
himself whether Frighted or not is not material upon which the Prince together with his Consort the next Heir Indisputable to the Crown in a full and due Representation of the whole Community and Body of the Kingdom is and are Declared and Appointed King and Queen Now let us see what we have done upon the whole matter to deserve that harsh Language of the Convocation-Book produced by Dr Sherlock Whether we have done more or so much as all other Nations have done in a Case any thing like Ours Whether we have done more than becomes Good Christians or Men of Honour And what it is that stands in our way to hinder or bar such an Attempt and Action First Setting aside at present those Texts of St. Paul and St. Peter which are the only discouraging Impediments and which have been sufficiently as I think answered and avoided by several Pens Upon the Law of Nature no Man I believe can pretend to say here is any Natural Injustice or Moral Injury done Certainly Nature and Reason prompt us to Defend Injuries and to Repel Force Nature will preserve it self in its Being No Man will say a King of England hath power of Life and Death over his Subjects We say he hath no Power other than by the Law of the Land the Moral as well as Legal Consequence must be That we may Defend our Lives against all Assaults 't is the same of Liberty and Property for there is a Meum and Tuum in all Christian Commonwealths as Archbishop Abbot said before subject only to the Laws of the Place therefore I can't defend my self or House against the King Arm'd with Legal Power as upon a Cap. Vtlagatum or upon a Duty due to him c. but I may where I am out of the compass of a Legal Prosecution If the consequence of Self-defence and Preservation be denied it 's vain trifling to talk of Laws and to value our selves upon Living in a Country where the Measures of Right are ascertain'd and the Limits of Government and Subjection the Doctrine of Passive Obedience and the Bow String will be the same if Laws are only a simple Direction for Information and not an Obligation We must owe our Lives c. at this rate to Fortune not to Justice But since the Restoration it 's said we are under another Tie not to take up Arms by the Extravagant Compliment to King Charles the II d and the Declaration pursuant to that Act. Be it so though all Laws made in Extraordinary Heats are not a regular Obligation but let them take that State-Artificial Obligation into the Bargain the King Swears too and this was not designed to let loose the King's Hands and tie the Subjects for all Obligations whether Natural or Artificial are Reciprocal and Mutual and always so taken and understood in common Intendment There can be no other Notion of Justice Natural Moral or Political and whatever Preference and Advantage is allowed to One above the Other 't is an Authority upon Supposition of Care Protection and for Order and centers in the Good of the Community And I think the Lacedemonians had a Law to Punish Parents who did not their Duty towards their Children Let us therefore take in the highest Instance of Obedience and Duty from Children to Parents No Man I suppose will pretend now that a Father may Castrate Sell or Kill a Child the Inference must be That in any Case of such open Violence a Son may Resist a Father in his own necessary Defence and Self-preservation without offering Reproach Injury or Vindictive Force So in the Case of Lunacy in a Parent or any fatal Extravagance no doubt a Son may lay Hands on a Father by way of Restraint and must take a continued Commanding Care over him in case of Relapse c. This is agreed on all hands to be the severest Tie of Obedience and therefore Kings are endeavoured to be brought within the Fifth Commandment to make our Chains the faster not in the mean time considering that they make them looser by putting an inconsistent double Duty upon us Thus we are told Religion stands positively in our way and fetters us with an Absolute Obedience to Kings without Reserve c. It seems hard that Religion should weaken our Arm in Defence of it self and force our Obedience and Submission to Laws and Absolute Power in the same breath For where there is Absolute Power there is no Law and where there are Laws there is no Absolute Power But Scripture is to be our Guide I agree it But what Authority shall I rely on Where shall I apply my self for an Interpreter 'T is manifest our own Church cannot settle me that is divided against it self Some bring Instances from the Old Testament Others tell us That is nothing to the purpose those Kings being by God's Designation c. Some tell us these Texts of St. Peter and St. Paul oblige us to Passive Obedience on peril of Damnation And Others as boldly and magisterially inform us That the New Testament gives no Rules for Submission to Forms of Government but only Rules of Justice Order and Peace That those Texts are nothing to Our purpose for the Apostles spoke to those under Heathen Emperors where Paganism was Established by a Law and that those Texts are to be only Expounded against the Jews who still believed themselves under the Divine Authority and thought they could not become the Subjects of any other Power As to the Scripture-Examples we are Taught by a very great Divine and Bishop not to rely on them and he says Those who place the Obligatory Nature of these Examples from Scripture must either produce the Moral Nature of those Examples or else a Rule binding us to follow those Examples especially when these Examples are brought to found a New positive Law Obliging all Christians Some say in general the Bible is a Miscellaneous Book where Dishonest and Time-serving Men may ever in their loose way find a Text for their purpose Sir Robert Filmer upon the Dispute of the Form of Powers for these Texts are sometimes applied to the Form and sometimes to the Quality of Power takes Power only in the Singular Number Powers in the Plural is a damnable Sin and he will have all Governments but the Patriarchal to be Illegal and Abominable but this is so Extravagant that I think none of our Divines pretend to justify him in it and therefore Others on the contrary are of Opinion That Submit to all Powers infers That all Forms of Government are admitted to be good and do not allow that Power in the Singular is to be taken restrictive and so there is no Authority if not of God and the Authorities which are of God's Institution are ordered under God Sir Robert Filmer Dr Hicks c. will have the Legislative Power to be in the King alone And the First says all Legislative Powers are Arbitrary But where is the necessity for
that And Dr Hicks says also Only the Laws of Men are God's Ordinances St. Paul speaking of Authority in general says Ordinance of God St. Peter of the particular Persons administring Authority calls it the Ordinance of Man Sir Robert Filmer upon that Render unto Cesar the things that are Cesars and unto God the things that are God's divides all between God and the King and leaves nothing to the poor Subject which doth not very well consist with our Saviour's Advice to him whom he bid Sell All that he had and give to the poor which grieved the Young Man for he had Great possessions It seems by this our Saviour implies the Subject had Property otherwise he could not have Sold it Thus they make their own Idol We see then by the better Opinions of Divines and Learned Men all Forms of Power are Authentick with respect to the Laws and Constitutions of Places and submit to all Powers imports only Obedience according to Law the Ordinance of Man To render unto Cesar c. implies certainly that something was left in him who rendred It is not said Give all to Cesar So no Man will controvert the submitting to every ordinance with the Context for Rulers are a Terror to the Evil and not to the Good There never was any King in Israel but had some Engagement and Tye upon him Formally with God or by Covenant with Man To keep the Laws to judge righteously to seek the Good of the People c. Besides the Case of the Apostles is wonderfully different in all respects As to Property c. the Government of the Roman Emperors was Absolute taking it at worst and therefore Christians who had no Law on their side could not resist This is said by some tho' our Saviour does not seem to mean it so whereas Ours under our Kings is limited and mixt therefore not the same foundation to apply the Injunctions of Non-resistance from the Apostles As to Religion the Apostles came counter to all Laws and therefore were to submit to them Not to raise Rebellion on account of a new Religion which had no foundation in any Law And the proper Talent and Business of the Apostles was suffering for the sake of the Gospel therefore impertinent as well as prophane and wicked for them to think of resisting any Powers What is this to the maintaining a Religion established by a Law But this Construction imposed upon Us towards Passive Obedience is a Conceit against the Opinion of most Learned Men and also contrary to the Common Practise of the Christian World Grotius Selden c. understand submission to every ordinance to be to the Government and the Laws thereof And so in common construction and intendment those Texts may be taken a Direction from the Apostles to their Missionaries and Correspondents who were to travel through variety of Governments to pay all Duties and Civil Respects to Kings and Magistrates and may be satisfied with that particular application of Obedience They were enjoined not to enquire into the Fundamental Rights of Power but to take them as they found them being only Powers of this World with proper Laws for keeping Mankind in Peace and Order in general according to the Respective Customs and Constitutions I believe besides the Gospel is an Universal Instruction for Obedience to the Laws on the severest punishment of disobedience to them 'T was intended to make them good Subjects but not Slaves 'T is too much to be Passive and Martyrs by whole Nations with the Laws and Religion bleeding by our Sides Let 's look into the Customs and Usages of other Ages and Places and enquire into and examine the Principles and Opinions of Learned Divines on the Occasions of Power and the Exercise or Abuse of it If a man should consult the Histories of the first Kings of France and Spain both before and since those Nations receiv'd the Light of the Gospel and the hudled abrupt Succession besides the very odd Partnerships in Kingdoms he will find matter but of small Veneration for Titles to Crowns of Old Times whatever he may fancy is due to the Present Establishments And I doubt we should discover but a faint blind Track of Active Providence in the transferring Kingdoms as 't is call'd but only rather the Effects of a Ludicrous Fortune Suppose we should be free and tell the World we have Elected Made or Appointed call it what you will King William King of Great Britain instead of King James without the formality of Deposing or taking off his Crown or Head to make a Vacancy or without the Ens Rationis of a Vacancy it would be no more than what may be justified by Precedents of no Bad Times in other Countries and our Own too In France the Instance of Childerick degraded and Aegidius or Gillon Master of the Roman Militia who was a Stranger but in Reputation for Probity and Wisdom Elected in his stead It is said the French according to their Ancient Rights conferr'd upon Pepin after Thierry was stripp'd of his Royalty the Sovereignty of Austrasia And afterwards Pepin his Grandson Son of Charles Martel and Father of Charlemain by a Parliament assembled was appointed King although there was One of the Marovignian Race remaining but Young Stupid and Witless And for the Honour of the Church Pope Zachary confirm'd him Upon which in another Parliament at Roymes they degraded Childerick and Elected Pepin And the Archbishop of Mentz Boniface declared to them the Validity of the Pope's Answer And after at the Assembly at Carbonnat the Austrasian Lords and Estates acknowledged Charlemain their King They might do says the History this and if he had not had That Right he had been an Usurper for the Children of Charlemain were living Hugh Capet's best if not only Title was Election For Charles Duke of Lorrain was of the Carolovinian Race and Heir but as is said of little merit In Spain the Visigoths about 1200 years since made and unmade their Kings as they pleas'd I suppose 't will not be said They were the worse Christians for being nearer the time of our Saviour and his Apostles So it was in Denmark too till they lately changed from Elective to Hereditary from a Limited to an Absolute Government and so for ought we know it may again when that Arbitrary Power hath had its full swing To look back here at home formerly it was so And I know not why we may not be permitted to go upwards as far as we please since those on t'other side think fit to go backward to Henry the Third for the beginning as they say of our Constitution Egbert the First sole Saxon King upon the Report of the Death of Britric with great speed returned out of France where during the time of his abode he had serv'd with good Commendation in the Wars under Charles the Great by means whereof his Reputation encreasing amongst his own Countrymen he was thought worthy of the
Government before he obtained it And Ethelwolf a Monk a Deacon and a Bishop yet Elected King because they could not find a fitter Person for the Crown Edwin by his Miscarriage turn'd his Subjects Hearts and the Mercians and Northumbrians revolted and swore Fealty to his Younger Brother Edgar The Danish Kings were approved by the Lords during their short time of Reign here Edward the Confessor by general Consent was admitted King Harold chose himself and ravish'd a Crown and he fared accordingly for his Intrusion without the Consent of the People All that is intended by this short Account is only to shew That Succession was not always esteemed so Sacred and that Non-Resistance hath not been so stanch'd a Doctrine always as some now would pretend To come nearer to our present Case Let 's see the Opinion of Councels and Divines and perhaps we shall not need to be much out of Countenance for assisting the Prince of Orange in the Vindication of our Civil Rights and Religion and I believe the Church of England will stand by Us And Divines of great Reputation gave their Judgment for Subjects defending themselves against their Princes in Cases not near so strong as Ours Queen Elizabeth gave Countenance and Aid to the Revolt of the Low-Countries or Rebellion as it is call'd against the King of Spain and did it by Advice of Learned and Religious Divines as Dr. Bancroft c. And 't was for the sake of Religion Queen Elizabeth also assisted the Protestants in Scotland against the French Faction Cambden says she had a Consultation about that Matter and although it was urged That it was of Ill Example to patronise another Prince's Subjects in Commotion yet it seem'd to be an Impious thing to be wanting to them of the same Religion Bishop Bilson justifies the Defence which the French and Dutch made on supposition that it was for the Maintenance of the Laws If we look into the Affair of the King of Bohemia or Prince Palatine we find tho King James was backward i. e. fearful and had not Courage when the War broke out in Germany the Sense of the Archbishop in his Letter to Sir Robert Naunton Secretary of State when he advised the King to send Aid against the Emperor's Attempts of introducing Popery and Arbitrary Power he encourages the Prince Palatine as King of Bohemia by Election in the matter for propagation of the Gospel and to protect the Oppress'd and declares for his own part He did not dare but give Advice to follow where God leads apprehending the Work of God in This and That of Hungary and that he was satisfied in Conscience that the Bohemians had a Just Cause c. King Charles the First who appeared to be of as Scrupulous a Judgment in the Point as any By the Advice of Archbishop Laud not only assisted the King of Denmark who assisted others against the House of Austria to keep the King of Spain from overrunning the Western part of Christendom and sent Forces and Supplies for the Cause of Religion as his Reasons are emphatically express'd in the Declaration But also some time after published a Declaration of War against France chiefly on Account of that King's Protestant Subjects for Violation of Edicts and Breach of Articles and Contracts with them Whereas Contracts and Articles at other times with Us have by some been pronounced Prophane Absurdities c. The Revolt of Catalonia hath had its due Representation here as well as elsewhere The only Reason for their taking up Arms was in plain Terms to rid themselves of their Oppressors which the Nobility said was their Duty and to preserve their Ancient Form of Government from the Encroachments of the King of Spain who Oppress'd Rich and Poor by Arbitrary Taxations Religion was no Ingredient in their Rebellion Their Acclamations were Long live the new King D'Juan de Braganza and let them dye that govern ill His Accession to the Crown of Portugal was Congratulated and Countenanced by all the Kingdoms and States in Europe upon the Return of his Manifesto's only the Emperor whose Interest it was condemn'd it the Pope himself did not Resent it And they congratulated him upon the Merits as well as Success of the Attempt Where then is this Ambitious Prince Where is that Wicked and Ungodly People as they call Us We have done no more than what hath been done upon a Godly Consideration in like Cases nay not so much and our Case goes farther for these had only Edicts and Acts of Grace to maintain We defend our Religion Establish'd by the Laws of the Land This Family of the Nassaus have the hardest Measure under the Sun To be stiled Daring and Ambitious Spirits and to have Damnation thus Entailed upon them only for undertaking the Cause of the Oppress'd and Rescuing Abus'd Innocence from the Tyranny of Arbitrary and Barbarous Power Why then are the Gentlemen of the Church of England so resty upon this Revolution There is scarce any Reason to be imagined unless it be for those which they bring themselves such as the Convocation-Settlement Conquest c. If we should enquire into their Opinions and variety of Principles I doubt we shall find them so Un-uniform that we shall never ground any fixt Authority upon them in this Point or any other Tho it seems but an Ungrateful Task to expose their Contradictions and Contrarieties in all Ages But if they have differ'd amongst themselves in their Doctrines and Notions of Obedience or Resistance and the Settlement of Crowns I hope they will give Us leave in Equal Authorities to chuse which we will follow In truth he who will be at the pains to examine their Writings i. e. their General Councels themselves even from the first Four to the Last I 'm sorry to say it will I believe find but a Sandy Foundation to fix his Conscience or Judgment in Articles of Faith What have they been doing with the Trinity of late What have they not been doing to get the Government into the Church-Conusance by way of Success and Providence Tho I would have this Government setled to satisfy and please every one in their own way if it were possible for Men have different Ideas of things Yet I'am unwilling the Government should be trick'd and impos'd upon And that Men should advance their own Stations and Interest by publishing and mis-applying Notions which expose the Church and King both I must confess I think Dr. S Reasons for the Government have been the greatest against it with all Men of Reason and Honour and have hindred many from coming into it What stuff have we produced in a Convocation-Book the greatest Affront to a King and People that was ever offer'd with a salvo to the Church It is said Providence may actually and God will when he sees fit and can serve the Ends of his Providence set up Kings without any Regard to Legal Right or Human Laws and when they are thus set
up they are invested with God's Authority which must be obey'd and this supersedes all Legal Disputes of Right and our old Oaths and our old Allegiance are at an end For when God transfers Kingdoms and hath set over Us a New King and setled him and requires our Obedience to a New King he necessarily transfers our Allegiance c. And the Authority unjustly gotten and wrested from the True and Lawful Possessor being always God's Authority and therefore receiving no Impeachment from the Wickedness of those that have it is ever when any Alterations are truly setled to be obeyed Why all this tho as with a supposing to Us It seems by this That the Nobility and Gentry of this Nation have been bantering God Almighty with Prayers and Praises all this while whereas both Prince and People and All of Us should have been humbling our selves in Sackcloth and Ashes and doing Pennance for our Rebellion and Wickedness I shall not trouble a Serious Thought about this Convocation-Book or the Occasion of it enough hath been said about that and the Doctor already King James I. in his Letter to Dr. Abbot shews his Resentment of the Proceedings of that Convocation Only I will produce another Convocation to shew how the former hath setled the Government The first was in the time of James the First the other in James the Second Now you shall see the Judgment of the Famous University of Oxon They in their Convocation reflecting as they tell Us upon certain Pernicious Books and Damnable Doctrines viz amongst others Proposition 10. That Possession and Strength give a Right to Government and Success in a Cause or Enterprize proclaims it to be Lawful and Just Nota To pursue it Is to comply with the Will of God because it is to follow the Conduct of his Providence Hobbes Owen Baxter Jenkins c. And Proposition 15. If a People who by Oath and Duty are obliged to a Sovereign shall sinfully Dispossess him and contrary to their Covenant chuse and covenant with another they may be obliged by their Latter Covenant notwithstanding their Former Baxter H. C. c. by their Judgment and Decree Ann. 1683. pronounced these amongst many other such like Propositions Heretical and Decreed Judged and Declared them to be False Seditious and Impious Blasphemous and Infamous to Christian Religion and destructive of all Government in Church and State What a Blessed Establishment is here What an Honourable Title hath the King in what a Condition is the Subject Thus we see how unsafe 't is to imply or suppose a Providential Usurper or King de facto which is all one and then to secure him by Arguments out of the Clouds So 't is of a Forcible Usurper or King de facto t'other way to Establish him with a Providential Success as Conqueror without Right As if we come to measure the Mysteries of Providence by our narrow Comprehensions and Rules and tack it to every Success we shall make a very odd Business of it and put Providence upon very Irreverent Offices We know how That and Scripture hath been interpreted upon other Occasions In less than half a Century upon a Certain Revolution One Side said God shewd his Indignation in Thunder and Lightning T'other That he Congraturated the Success with his Guns and Fire-works from above Plato in his time said Lawyers and Physicians were the Pest of a Country Would he not have added Divines also had he lived in some other Ages When these Gentlemen were upon their Providential Disposal and Settlement of Kingdoms They might as justly have brought some Instances from Scripture which would have been for the Honour of the Revolution Where God vouchsaf'd his Assistance to a good Cause for a Blessing to a People as well as always for a Curse to a Bad and Sinful Nation Instances which comply and would have stood with the Ordinary Rules of Morality and Human Justice As the Case of Solomon and his Son between Hezekiah and Josiah and the succeeding Tyrants and Wicked Princes Also in the Case of Rehoboam where God seems to give a Countenance to the Revolt of the Ten Tribes and assist against his Tyranny and Oppression for God says 't was his doing there also David seems to agree with this He sufficiently differences his Expressions according to the Characters of Princes and Rulers as good or bad He tells us the Fate of wicked ones not by executing upon them God's immediate personal Judgments or by the visible Hand of Providence but by Human Mediums of interposing Power to restrain them c. by the Favour of God's Assistance in an Ordinary Course of Providential Justice The Prophets did not preach Passive Obedience to the Idolatrous Kings of Israel and Judah but inveigh'd against them Did not David and his Adherents resist Saul though he spared his Person I do not pretend to plead for a Vindictive Account against the Person of Kings And the Story of Manasses methinks seems something toward ours He Set up Repaired Adorn'd and Furnish'd the Altars Temples and High Places in which the Devil was by the Heathen Worshipp'd forgetting the Piety of his Father and most abominably burnt his Sons for a Sacrifice to the Devil Moloch and shed so much innocent Blood that 't is said Jerusalem was replenish'd therewith And when after all he was reprehended by the Reverend Prophet Esai he caus'd him to be Saw'd asunder with a Wooden Saw Therefore for his Sins the Lord brought upon him the Captains of the Host of the Kings of Ashur who took Manasses and put him in Fetters and bound him in Chains and carried him to Babel where after he had lain Twenty Years as a Captive despoiled of all Honour and Hopes of doing Mischief God inspir'd him with Repentance and afterwards mov'd the Assyrians Heart to deliver him after which he forgot his Impieties and Villanies detested his Idolatry cast down the Idols of his own Erection repaired Jerusalem and at last Dyed in a Religious Peace But 't is not my Province to apply Scripture only to my self And I know not what Commission They have so familiarly to determine the Councils of the Almighty 'T is true as St. Augustin says Nothing is sensibly and visibly done in the World which cometh not from the Interior and Invisible Cabinet of God whether it be commanded or permitted though some will not allow a permissive Providence yet the Psalmist says Oh God! How profound are thy thoughts and how unsearchable to the ignorant and foolish Yet Man must be presently making Inferences Providence is said to take care of the most minute Creatures as well as the greatest And these great Texts and Stories of Prerogative and Supremacy with Complement to each other are only taken notice of whilst Others as positive lye dormant as Resist not evil Turn t'other Cheek and about giving the Cloak also These might do mischief and the Wicked of the World might take Advantage by returning them upon the
Exhorters The Practice of the World runs otherwise and the Prospect is too Melancholy where there is no Sunshine in the Landscape If then neither the Historical part of the Old Testament nor the Doctrinal parts of the New nor the certain Authority of Councils or Convocations nor the Extrajudicial Opinions of Divines do unanimously evince our Duty of blind Obedience or Non-resistance under a total subversion of a Constitution in Church and State and the Practice of the Christian World in all places is counter to it Why are these Gentlemen so severe upon us and so resty themselves Lay the Scene in Holland Germany France where a Holy League is no News or Portugal c. Resistance is an Orthodox Doctrine but put the Case at Home it must be Heretical and no less than Damnation Why must English-men be the only Cullyes of Europe and have their hands ti'd Although the Church of England does not pretend to follow the Doctrines of the Church of Rome yet I verily believe they never thought to betray their own Church to that by setting up a contrary Doctrine Suarez de Legibus acquaints us with the Popish Doctrine expresly in this Case viz. That Heathen Kings can't be depriv'd of their power by War unless they abuse it to the Injury of Christian Religion or the Destruction of the Faithful that are under them as is the constant Opinion of Divines meaning of the Church of Rome And again If Infidels have the Faithful for their Subjects and would turn them from the Faith or Obedience of the Church then the Church hath just cause of War against them But for Heretick Princes he says the Church hath Direct power over them and may deprive them in punishment of their Infidelity or Heresy This we saw verified in Queen Elizabeth and she by Advice of her Divines in preservation of Church turn'd the Tables upon them I do not believe any of our Divines are so passive to betray their Church and yield to the Pope or any one commission'd by him their Dignities and Revenues though they Deliver over the Nobility and Gentry to Damnation for preserving them in possession of them I mean they who have taken the Oaths to the Government as a King de facto for I believe the Others who are not come in are more charitable for I confess I have an Honourable pity for them and value them never the less for sticking to something though they are unfortunate and differ from me in Judgment But besides the Business of Religion the Papists ought not to be angry with us for Deposing or Removing a King they are uneasy as soon as others and do not take the Passive Doctrine to be any Restraint upon them even in the ill Administration of a Popish King Witness that Story of the King of Spain in Portugal and the Advance of the Duke of Braganza And here at home to look back and instance only in Edward the II d who as the History says being govern'd by Gaveston and the Spencers murder'd his Uncle Thomas Earl of Lancaster and numbers of Great men The People the Popish People rose against him Imprison'd him and a full Repesentative of the Nation in a solemn manner renounced their Allegiance to him but told him withal they would suffer his Son Edward to succeed which was a favour it seems in those Times Therefore I think the Papists whether they consider their Doctrine or their Practice can't hit us in the Teeth justly Their only Grievance is That the Person is mistaken and doth not prove for their turn And I do not doubt notwithstanding Dr. Sherlock's Settlement they would endeavour to remove King William for King James or any other Popish King again And I can't blame them for it for 't is their Principle but as Gentlemen they ought to give us leave to enjoy our fancy too And so to look into our own Church-men who would seem to mince the matter either in their Principles or Practice They tell us a Story of Licinius and Constantine and endeavour to parallel the first with King James II d and justify the latter for making War upon him by whom they intimate King William but they manage it so scurvily on and off that one knows not where to have them they would and they would not as if they were asham'd of their Passive Doctrine and yet asham'd to quit it The Bishop of A. allows a Foreign Prince to make War upon Another who prosecutes his Subjects for Religion if the Religion be his that makes War for that reason and what is this more than hath been said before But Puffendorf speaks boldly and allows also Subjects to use an Absolute Prince as an Enemy if he discovers an Hostile Mind towards them We keep a Clutter withour filial Obedience to the Patriarchal Power c. But Puffendorf grounds even the Paternal Power over Children upon their presum'd Consent and says 't is admitted Sons may when they come of Age chuse whether they will be under their Father's Government or not And here by way of Parenthesis a Man might raise an unlucky Dispute Whether there be any Government Legal and Rightful but what is only obtain'd by Consent For if this be true it will go a great way in the Argument even of their Patriarchal Power which for this reason cannot be Absolute and no Other way can give any Right at all for Conquest is but an overgrown Trespass upon the Possession and Right of another And if there be no Government but by Consent of the Governed whether the People's Consent will carry a Government farther without a subsequent and continued Approbation And the Consequence of that when we Swear Allegiance to a King be not that it is to be understood no farther than he governs by Law and that our Allegiance is due to Law not to the person of a King Whether these Considerations may not be offer'd with as good a Colour as some others have been Whether Kings do not mean this when the consent of the People is ask'd Or whether they mean nothing Whether 't is not understood by the consent c. We might also enquire how our Gentlemen came to be wiser and more scrupulous in their Allegiance than their Forefathers And what Titles William the II d Henry I st K. John K. Stephen Henry IVth Vth VIth and VIIth had if not by Consent We might farther ask them If this Patriarchal Despotick Absolute Power be the Right of Kings and Non-Resistance is not Lawful upon any occasion whatsoever Why they are not Unanimous in their Doctrine And what Lay-men are to do when there is a Schism in the Church But these may be thought invidious Queries But what if these Passive-Gentlemen are not consistent with themselves 'T is plain our Divines here were not so stiff to the first Motions of the Prince's Attempts for our Rescue He himself tells us that Several of the Lords Spiritual as as Temporal were in the
Inviting of him over and the Dissenting Archbishop who thought fit to draw back afterwards was pleased to Countenance his coming to London and to assist with his Counsels He was willing to be in the Sanhedrim upon the Vacancy which by his favour was as far from being Passive as Harnessing and Equipping c. and several Noblemen with their Chaplains at their Elbows agreed upon the first Overtures against King James who only differ'd after in the Form of Administration and supplying the Power There were those who would have been contented and satisfied with a Regency which by the by was as much against the late Notions of Loyalty and 't was once taught that it was as Damnable to put any Restraint upon a King or Fetter his Prerogative or to limit the Measures of our Obedience as to cancel and throw them off If then there be no steady Obstruction in our way no Irrefragable Arguments but what are Overturn'd or Embarrass'd Why may we not throw off the Mask and declare our selves frankly and sincerely And talk as becomes Gentlemen or Free-born Creatures of Reason and tell the World That King James was no longer fit to be entrusted with the Government That he could give no Adequate Security for his Administration That it was no more in his Power than his Will to Rule according to Law That it could not be therefore safe to Re-admit him on any Terms because he would not be restrain'd by any Qualifications In short That King Jamess Character and Administration are inconsistent and incompatible with the Laws of this Realm and that therefore it was necessary absolutely necessary That the Government should be supplied and some Other Person admitted and placed in the Throne from and by whom might be assur'd he would Observe and Maintain the Constitution in Church and State And that for these Reasons we have admitted King William to the Crown allow'd him to take the Government as King of England and consented to transfer our Allegiance to him and have Recognized Acknowledged and Declared His Majesty he having accepted the Crown and Royal Dignity To be of Right and by the Laws of this Realm our Sovereign Lord and King of England France and Ireland and the Dominions thereunto belonging c. If our Principles are just the Consequence must be so too If the Premises be true the Conclusion is warrantable Montaign says Authority is not given in favour of the Magistrate but of the People And 't is the general Opinion That Government was made for them whether originally it were made by them or not All the respective Schemes of it are contrived to provide for the Welfare of the Community and the Laws and Constitutions of Power are the Measures of Submission to it Thus the Notions of Providence and Human Right may be understood and consist in Human Understanding Kings and Subjects may know their Duties Kings may preserve their Rights so long as they continue to be Rational Men and Man may preserve his Native Honour in the Character of his first Creation as he was made after God's Image also Thus I hope this Present King may at last rest in Peace being setled by such a Recognition and guarded by an Association in Parliament Though 't is hard to imagine how the Voluntary one came to be boggled at after such a Declared Right in Parliament before and Oaths of Allegiance taken to it And long may He live to Assert the Rights of the People To administer Justice and to retrieve the Honour of Great Britain by vindicating it from the Encroachments suffer'd not to say consented to in the late Reigns FINIS CORRIGENDA PAge 3. Line 16. read we are p. 6. l. 2. r. off p. 8. l. penult for affecting r. offering at p. 18. l. 17. r. Sir Henry Spelman p. 22. l. 8. r. Aristotle p. 31. l. 15. r. Government p. 35. l. 4. r. they p. 116. l. 8. r. to make War p. 118. l. 5. r. n' avoit p. 123. l. 6. r. ever governed p. 137. l. penult r. souffert p. 152. l. 27. r. Revenue p. 153. l. 29. r. Opiniatreté p. 160. l. 5. r. Noble id l. 24. r. and he p. 161. l. 5. r. dimm p. 180. l. 28. for i e r and even