without Consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. Iames the 2 d having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretending Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the raising or keeping a standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or Questioned in any Court or place out of Parliament That Excessive Bail ought not to be required nor Excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviver of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joint Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God. I A. B. do swear That I do from my Heart Abhor
Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God. Io. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THis is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery Io. Browne Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh and filling up the Throne with King William and Queen Mary THat King Iames the 7 th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chappels and Churches to Publick Mass-houses contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chappel contrair to the Laws 3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellour Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a Standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrair to the Liberties and express Charters without the pretence outher of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect alsweel nominate that entire Estate of Parliament many of the said Magigrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these illegal Magistrates and Council upon them 13. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrair to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitam to dispose them to compliance by Arbitrair Courses and turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrair to Law. All which are utterly and directly contrair to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King Iames the Seventh being a profest Papist did assume the Regal Power and acted as King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrair and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colledges for Jesuits the inverting Protestant Chappels and Churches to publick Mass-houses and the â—llowing Mass to be said are contrair to Law. That the allowing Popish Books
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
to Liberty and that they should be so much in love with Chains that when they were fairly shaken off they shouâ—d run furiously to be Fettered again as if the Ottoman and French Government were so charming in our Country that we cannot live without it tho we have so lately groaned under the dismal Burden of it And it might have been supposed that even these who had been Instrumental in Enslaving their Fellow-Brethren and were grown Fat with Sucking the Nations Blood would have taken another Method to Reconcile themselves than by persuading us to purchase their Safety at so vast an Expence as the Ruin of more than three Parts of the Nation will necessarily amount to If we do but a little reflect on the Motives which these Men blinded by Self-Interest make use of to delude the Nation into a Security that wanted very little of proving Fatal to it and compare them with the strong Reasons we have to disswade us from being so imposed on they will be found so Weak and Impertinent that we must judg it next to Impossibility to suffer our selves to be twice Deceived But if the Experience of our former Miseries so lately hanging over our Heads the very Thoughts of renewing which make all good Men to tremble has not made us Wiser and be not of Efficacy enough to deter us from venturing another Shipwrack and exposing all again to the Discretion of Roman Catholicks It 's more than probable that GOD has abandoned us and given us up to believe strong Delusions First Thay will endeavour to perswade us that Kings are eximed from Punishments here on Earth and nothing they do can be quarrelled by their Subjects which indeed might with some Reason be urged among the Turks who reserve nothing from the Power of their Sultans and where it 's Death to dispute his Commands tho never so Arbitrary and Tyrannical But with what Impudence can such Stuff be imposed on us who never admit our Kings to the Government till they swear to rule us according to Law and no otherways The Laws are the only Security we have for our Lives and Properties which if our Sovereign subvert Subjects cannot be blamed for making use of the ordinary means to preserve them and since that cannot be done without withdrawing Obedience from such a Magistrate as goes about to destroy them such an Act cannot properly be said to punish him because we take nothing from him to which he has a just Claim but do only shun the occasion of making our selves miserable The Speculative Doctrine of Passive Obedience has done too much mischief among us and what has befallen the King may be justly imputed to it for the believing that without Opposition he might do what he pleased encouraged him to take such measures as have drawn all these Misfortunes on him Secondly Others are so Fond as to believe that we may be Secure in calling the King back provided they so Limit him that it will not be in his power to hurt us These Men do not consider how small a Complement this is to a Man of the Kings Temper from an an Absolute Prince as he was pleased to fancy himself to content himself with the bare Title of a King and how insupportable the Charge must be if from being Master of all he must force himself to comply with a thousand Masters and see his Throne become his Prison But how airy is it to fancy that any Restrictions of our Contrivance can bind the King For 1 st It 's most certain they can never be Voluntary and what is constrained and done by Force is by Law declared to be Void and Null to whose Assistance the Popes Dispensing Power being joined would quickly blow off these Sampson Cords and the Royal Power would again revive with all its Vigour and Luster Thirdly The King is of a Religion that has in a famous Council decreed That no Faith is to be kept with Hereticks much less with Subjects whom he looks upon as so many Rebels and will not miss to treat them as such whenever they give him the Opportunity of doing it for his greatest Admirers do not run to that height Idolatry to imagine him so much Angel as not to take all methods to revenge so great an Affront and secure himself at our Cost from such a Treatment for the future the apprehensions of which Resentments will strike such terrour in Mens minds that nothing will be capable to divert them from offering up All for an Atonement and Popery and Slavery will be thought a good Bargain if they can but save their Lives Then we may lament our Miseries but it will not be in our power to help them for a Prince of Orange is not always ready to rescue us with such vast Expence and so great hazard to his Person and if our Madness hurry us so far we deserve rather is pity than his resentment Fourthly What Arguments has the King given since he left us to persuade us he will be more faithful in observing his Words and Oaths than hitherto he has been Does he not in a Letter lately printed here expresly say he has ruled so as to give no occasion of complaint to any of his Subjects Is not the same Letter signed by one who sacrificed both Conscience and Honour to Interest whoâ—e pernicious and headstrong Counsels has posted him to his Ruine tho' all that has been done cannot make Him sensible of it Sure the re Hereticks to the See of Rome is not less Meritorious than before nor King Iames the Seventh by breathing the French Air become less Bigot It were a Dream to fancy it For so long as the Vatican thunders Excommunications against all such as do not use their utmost endeavours to extirpate Heresie a Roman Catholick must have no Religion at all if they be not terrible to him The fourth Argument they made use of to persuade such as are and shall be chosen Members of the Convention That their Interest to call back the King is That the Peace and Happiness of the Nation cannot be otherwise secured nor Factions or Divisions extinguished But what Factions do you observe but such as they themselves do foment on purpose to disturb our Harmony all which would immediately die if the Government were once setled on those who deserved it best for then if these Fops continued still fond of Popery and Tyranny they would be chastised as Disturbers of the Publick Peace The Argument may very justly be retorted for if the King return we will burst out into a flame and England which has already declared will quickly be on our Top an Enemy too Potent and too Numerous for us tho' we were all united besides the Danger to which such a Procedure will expose us we cut off all hopes of an Union with that Nation and thereby deprive our selves of an unspeakable Advantage which would redound to all sorts of People and would be the only means to