Brackly was mended by the Addition of the Rich Parsonage of Burton on the Wold in the same County Nor did the Reward of this Service extend only to Sybthorp but slew a Cathedral Height for Dr. Abbot Archbishop of Canterbury refusing to License this Sermon to be Printed was soon after Suspended from his Bishoprick and Dr. Laud that did License it being then Bishop of St. Davids was Translated to London and afterwards to the Metropolitan See of Canterbury Nay so strong run the Tide of Preferment then in this Corrupted Channel that few Divines or Common or Civil Lawyers were preferr'd to any considerable Place either in Church or State that did not in the Pulpit and on the Bench vigorously maintain these Novel and Destructive Opinions to the Scandal of their Functions and intended Ruin of the Kingdom To this Doctrine must be ascrib'd the Mischiefs of all former and later Reigns under the Protection of which any King may play the Tyrant without Control tho' it often proves Fatal to him that lays the Train And so it happen'd to Charles the Second for no sooner had his Unlimited Power been so Strenuously Asserted that he was come to give the finishing Stroke but his Death seem'd Necessary and Seasonable to make way for the Duke of York to open the Execution of the Grand Design in a bare-fac'd Subversion of the Religion and Laws of England At the Beginning of the Restoration so great an Opinion was conceiv'd of His Highness the Duke of York that his partial Admirers would suffer no Man to Insinuate his being Reconcil'd to the Church of Rome but set him up under all the Noble Qualities that might render him Acceptable to a Credulous People not only as Merciful in his Temper Just in his Dealings and endu'd with all Gracious Inclination to our Laws and the Rights of the Subject but for one Orthodox in his Religion too and who would prove a Zealous Defender of the Doctrine Worship and Discipline of the Church as Establish'd by Law In this Persuasion they continu'd some Years and tho' he had at length withdrawn himself from all Acts of Fellowship with the Church of England Refus'd the Test injoin'd by Law for distinguishing Papists from Protestants had Resign'd his Office of Lord High Admiral stood Excluded from the House of Lords and that so many Parliaments had eadeavour'd to Exclude him from Succession to the Crown because he had Revolted to the See of Rome and thereby became Dangerous to the Establish'd Religion yet all this would make no Impression upon a Wilfully Deluded and Obstinate Sort of Protestants but in Defiance of all Means of Conviction they would persuade themselves that he was still a Zealot for our Religion and a great Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he openly declar'd himself to be a Papist and afterwards in the Fumes and Raptures of his Victory over the late Duke of Monmouth had discover'd and proclaim'd his Intentions to overthrow both our Religion and Laws Yea so closely had some seal'd up their Eyes against all Beams of Light and harden'd themselves against all Evidences from Reason and Fact that had Success attended the Duke of Monmouth's Arms the late King had gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his being a Papist would have preserv'd the Reform'd Religion and maintain'd the Church of England in all her Rights and Grandures And tho' his whole Life had been but one continu'd Conspiracy against our Civil Liberties and Privileges he had left the Throne with the Character and under the Esteem of a Prince that in the whole Course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Aditum nocendi perfido praestat fides Sen. in Oed. Act. 3. Scen. 1. So Simple Truth does her fair Breast Disarm And gives Base Treachery a Power to Harm King Charles being now Dead the late Duke's Expectations Answer'd and his Ambition gratify'd with a Crown at his first coming to it he endeavour'd to Confirm some and Gain other of his Subjects into a good Opinion of him and their own Happiness under his Government And therefore in his first Speech to the Parliament declar'd so much Tenderness for them and such a Dear Respect for the Preservation of their Liberties that the Cajoll'd Parliament from an Excess of Satisfaction shew'd as much Affection for him as ever Parliament did to a Prince of their own Religion and gave Money till he himself put a stop to the profuse and excessive Expressions of their Satisfaction It must be granted that the Lives of some Professors are not so bad as the Consequences of their Erroneous Opinions and it was charitably thought by the Parliament that the late King James tho' a Papist would not Govern so Arbitrarily as the Encourag'd Doctrines of the Age gave him Leave to do But when they saw their Errour and perceiv'd that Popery and Arbitrary Power were never to be parted that the Monks and Friars Enter'd to Act in their proper Habits that Seminaries were set up in several Places and Houses fill'd with these Religious Furies that the Laws being in the late Reign betray'd into his Hands he unmercifully Stabb'd and Dispatch'd them and that his Antecedent Oaths and Promises were all come to nothing how it fill'd them with Resentments for his having thus Abus'd their Credulity Deceiv'd their Expectations and Reproach'd their Gloryings and Boastings of him But alas it was then too late to seek a Remedy for those Evils that an Easie Belief and a Fond Compliance with Empty Popish Promises had brought upon us Now we Feel what we would not See and Prevent at a Distance Quid nobis certius ipsis Lucret. Sensimus esse potest quo vera ac falsa notemus And what thing can there be more sure than Sense By which we Truth discern from false Pretence We smarted under our own Rod and had plenty of miserable Occasions for the Religious Exercise of that fatal Duty Passive Obedience Our Satisfactions in our New King were vanish'd and the Hopes of living happy Subjects under him were sunk into Apprehensions of Approaching Slavery A general Consternation fell upon the whole Body of the People and the very Tools that assisted the late King in subverting their own Religion and the Civil Rights of their Brethren were afraid in so Universal a Calamity that themselves should also feel the sad Effects of that Thunder with which they had Arm'd their Tyrant In how happy a Condition was James the Second before he violalated his Oaths and Promises and so might have continu'd if he could have prescrib'd any Limits to his Desires of Reigning more Absolutely than the Laws of the Constitution would allow him He had all things at pleasure to make him Great among his own Subjects
of his Reign was the first Act of Parliament made for entailing the Crown with Remainders By vertue of which Entail his Son Henry the fifth became King and after him Henry the sixth in whose time Richard Duke of York claim'd the Crown and an Act of Parliament was made 39 Hen. 6. that Henry should enjoy the Crown for his Life and Richard and his Heirs after him After which King Henry raise's an Army kills Richard for which He the Queen and Prince were all Attainted 1 Edw. 4. because Richard was declared Heir apparent to the Crown after Henry by Act of Parliament but this Attainder was repeal'd in terms of Disgrace and Detestation 1 Hen. 7. Rot. Parl. 1 Hen. 7. Edward the fourth succeeded Henry 6. by vertue of an Act of Parliament made in the time of Hen. 6 for entailing the Crown as Son and Heir to the Duke of York Richard the third was confirmed King by Act of Parliament tho' he came to it by blood and murther Henry the seventh comes in by no Legal Title because Edw. the fourth's Daughter and his own Mother were both living In his time the Crown was entail'd on him and his Heirs by an Act of Parliament and he would never suffer any other Title to declare his Right Henry the eighth succeeded who as all his Laws speak deriv'd his Title to the Crown from his Father by vertue of the Act of Parliament above-nam'd and not by any Title from his Mother tho' by the Law of Succession his Right from Queen Elizabeth Daughter of Edw. 4. was indisputable In his Reign the Crown was thrice entail'd but the great one was that of 35. c. 1. by which Edward the sixth Queen Mary and Queen Elizabeth succeeded in whose Reign was made an Act of Parliament making it high Treason to say it was not in the Power of Parliaments to limit the Succession of the Crown Upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were entail'd and the Articles of Marriage confirm'd by Act of Parliament and by that Act of Parliament Philip was created King and exercis'd Sovereign Authority and particularly in making Laws together with the Queen the Style of the Royal Assent to Bills in Parliament being at that time Le Roy La Reigne les veulent by all which it appears that the Kings of England since the Crown was setl'd in a particular Family as well as before are Kings by the Laws of the 〈…〉 of human Constitution tho' their Power is from God Almighty Nor does this opinion aim at the changing our Hereditary Monarchy into an Elective Kingdom but shews that there is no such absolute necessity of keeping the Lineal Descent in respect of a single Person that it cannot be chang'd for the preservation of a Kingdom contrary to the Opinion of our Lawyers who affirm from History Records and Law-Books that our Monarchy is Hereditary as to a Family but Elective as to Persons However to obviate the prejudice that might arise from that preconceit I shall shew you 't is Hereditary and yet that that Hereditary Right came also by Law and therefore may be interrupted by our Legislators That England is an Hereditary Monarchy and that the common course of Succession is to be inviolably observ'd when it consists with the publick good and safety of the Kingdom none will deny for our own Laws have so determin'd it as a custom grounded upon sufficient Reasons Our Ancestors perceiving that the way of Electing Kings was subject to many Inconveniencies and often expos'd the Kingdom to Tempests Interregnum's and Revolutions as well as to the seditious commotions of under-hand dealers and the Pride and Ambition of Men too desirous to be uppermost And that Kings coming to the Crown by Election neglected the Demeans and squander'd away the Treasure of the Nation because they had no prospect of leaving the Crown to their Heirs 't was therefore thought advisable and beneficial to the Publick to fix the Royalty in a particular Family As for example In the eighth of Hen. the fourth there was an Act of Parliament which entail'd the Crown with Remainders And to name no other instances of the like kind it was made Treasonable by an Act of Parliament in the thirteenth of Queen Elizabeth for any Man to affirm that the common Laws of this Realm ought not to direct the Right of the Crown of England or that the Laws were not of sufficient force and validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof So that 't is plain an Hereditary Right is a Right by the Laws of England and not otherwise And what need is there of any other since a Right by Law makes a Rightful and Lawful King in despite of all the over-nice Distinctions of State-Criticks to the contrary And truly Of all Men living the late King James and his Defenders have least Reason to quarrel this Right by Law For How came it to pass that the Line of the Stewarts had a better Title to the Crown of Scotland than that of the Baliols but only that the Laws of Scotland that is the Consent of the Estates of that Kingdom made them so For otherwise if we search into the Pedigrees of those two Families we shall find that Baliol according to the common receiv'd Rules of Descent was nearer in Blood to the last King David than Bruce and was so adjudg'd at a solemn Hearing * Bak. Chron. pag. 96. between both Parties by our King Edward the First in Parliament Besides the late King has left it upon Record from his own Mouth that the Laws of England were able to make a King as great and happy as he could desire to be and after that I cannot imagine what he could wish for next But His Intentions being fix'd to destroy those Laws that in observing them would have made him great and happy he stood in need of a Title Superior to them therefore his Flatterers contriv'd one of a Divine Original and yet it dy'd before him the Divinity of his Office was more Mortal than that of his Person and well it might having no Being unless in the Heads of its first Inventore The Scripture has declar'd the Falsity of this new Hypothesis †Rom. 13. St. Paul saying There is no Power but of God must be understood of Government in general For the Apostle does not say There is no Prince but is of God but There is no Power but of God St. Peter also makes Kings to be of Humane Constitution as well as our Laws which know no such thing as a Personal Authority in the King Antecedent and Superiour to all Laws nor no Divine Law or just Inference from it which does any where set aside Humane Constitutions agreeable to Christianity and beneficial to Civil Societies Therefore if a King by Lawful Succession shall act unlawfully and
Laws do not only totally exclude Papists from Military Offices but injoin them to be Disarm'd also Notwithstanding James the Second did not only Arm them but put them into the First Employments of the Army and all other Stations And was so fond of them that no Consideration either of Quality Loyalty or Merit except he was a Papist could Recommend any Man to this King's Favour or give him Title to the common Kindness of a Civil Reception but all were Smil'd or Frown'd on as they were distinguish'd by their Religious Principles Men may live happily under a Government and yet be excluded from having any Office or exercising any Authority under it and therefore the late King's Fondness and the Papists Forwardness to thrust themselves into Employments gave a great Suspition that it was for no good End that he put Wise and Experienc'd Men out to make room for a sort of Raw Papists who being not us'd to Publick Business were not capacitated for it No Man can imagin that the late King made this bold Adventure in Employing Papists for nothing or that he would disoblige the Body of his People for their sakes only without designing some other Advantage to himself by it He must have some peculiar Service for these Unqualify'd Favourites to do in which the rest of the Nation would not inter-meddle The Contest was between the King 's Absolute Power on the one side and our Laws and Religion on the other And therefore to know what Work their King had for them to do and to what End he would have employ'd these Services here is but to see Vide State of Ireland under the Reign of the late King James what Use he put them to in Ireland and how they demean'd themselves towards Protestants where the Scene was open'd and all manner of Violences committed upon Protestants by his Authority He also corrupted the Exercise of Justice on which depends the Safety of the Nation and the Stability of the Throne The Judges were Tamper'd with and Admitted upon Condition of favouring and promoting the late King 's Arbitrary Power and the Popish Interest Those Judges were Depos'd who were fix'd in their Religion and Resolutely defended the True Interest of their Country and others put into their Places of no Honour Integrity or Capacity but known Temporizers or Papists who were excluded by the Laws of their Country Upon this follow'd very Arbitrary and Illegal Proceedings in the Courts of Judicature A Prosecution was carry'd on against Seven Reverend Prelates for Petitioning the King to Redress their Grievances and giving their Reasons why they could not obey his Arbitrary Commands Causes were Try'd in the Court of King's Bench that were only Cognizable in Parliament Partial Corrupt and Unqualify'd Persons were Return'd and Serv'd on Juries in Cases of High Treason that were not Free-Holders Great Bail requir'd of Persons Committed in Criminal Causes Excessive Fines Impos'd for small Offences Illegal and Cruel Punishments Inflicted without Example or Law to warrant them And for a finishing Stroke The late King was also pleas'd to Grant and Seal a Commission to several Unqualify'd Persons to Examine the Revenues and Search into the Foundations of all the Hospitals in the Kingdom and see to what Uses they were first given by their Benefactors And into the Estates that some time ago belong'd to Monks Friars and other Religious Orders of the Romish Church with Intent to Restore them to the Papists who complain'd to the late King that they were Wrongfully Depriv'd of them In brief Never any Prince in so short a time committed so many Irregularities and made such Inroads upon our All as James the Second did by his Dispencing Power in England his Absolute Power without Reserve in Scotland and his Actual and Absolute Destruction of the Liberties and Religion of the Protestants in Ireland To which if we add the more than seeming Probability of the late King 's Leaguing with France for the Extirpation of the Northern Heresie 't will compleat his Design and make the intended Ruin of England unavoidable for more Hands would have made lighter Work and Experienc'd Artists would have finish'd it sooner I will not urge this League as a plain and positive Truth tho' I am strongly inclin'd to believe it and therefore shall only produce my Reasons and leave them with the Reader to judge as he pleases Mr. Coleman who must be presum'd to know much of his Master's Mind being in the same Interest and the Tool he work'd with in all his Secret Practices gives great Suspicion of the Truth of this Combination in a Letter to Sir William Throgmorton Feb. 1. 1678. You well know saith he that when the Duke comes to be Master of our Affairs i. e. to be King of England the King of France will have Reason to promise himself All things that he can desire And in a Letter to Father Le Chaise Confessor to the French King he says That His Royal Highness was convinc'd that His Interest and the King of France 's were the same And whether he ever thought fit to change his Mind since his Accession to the Crown his own Actions will better declare than any Gloss of mine In this State of Amity Things continu'd between the French King and the Duke of York till he was King And when the Prince of Orange's Fleet was preparing for his Noble Expedition into England they seem'd to rest on the same Foot for Monsieur le Comte d' Avaux the French King's Ambassador at the Hague in a Memorial to the States General acquaints them That his Master knowing the great Preparations for War that their Lordships were making both by Sea and Land was not without some Design form'd answuerable to the greatness of those preparations and his Master believing that it threaten'd England he had Commanded him to declare on his part that the Bands of Friendship and Allyance between him and the King of Great Britain will oblige him not only to assist him but also to look upon the first Act of Hostility that shall be committed by your Troops or your Fleet against his Majesty of Great Britain as a manifest Rupture of the Peace and a Breach with his Crown To this Memorial the States of Holland gave Answer That they Arm'd after the Example of their Neighbours to be ready upon Occasion 'T is true the French Ambassador does not mention the League in express words yet he gives very shrewd Hints that there was some such thing as a League or an Equivilent between the two Crowns and so the States of Holland took it For in their Answer to the English * The Marquiss d'Arbaville Ambassadors's Memorial their Lordships tell him That they were long since fully convinc'd of the Allyance which the King his Master had treated with France and which has been mention'd by Mr. Le Comte d'Avaux in his Memorial The Industry and Care that has been us'd to stifle this League does also
bubble and delude the Nation till Insensibly to us and with Security to himself he might appear in his own Likeness and do here what in France he had promis'd His Engaging in an Expensive and Bloody War against the States of Holland could have no other Design but to weaken the Protestant Interest both in that Commonwealth and in his own Kingdom Provocations they had given him none nor could he assign any Reason of State on his own part unless he fetch'd it from the Romish Alcoran that says we must have no Peace with Hereticks and allows all Acts of Injury and Violence to Protestants His stifling the Popish Plot and delivering the Papists as much as in him lay from the Danger into which it had cast them His being the Author or at least the Great Encourager of Sham-Plots charg'd upon Protestants His continued Confederacies with the Known Enemy to the Disobliging of his own People His Betraying of Europe by false and flattering Promises when he might have prescrib'd what Terms of the Peace he pleas'd during the whole Course of his Mediation at Nimeguen or in Conjunction with the Dutch and other Allyes have continued the War against France to the greatest Advantage that ever was put into the Hands of the Confederates is a manifest Proof how he stood affected And tho' he made great Shews as if he had been in earnest all was but Deceit and Colour for at length contrary to all the Rules of Policy and without Ground or Pretext for such Proceedings a Peace was clap'd up * Sir W. Temple's Memoirs in the Dutchess of Portsmouth's Chamber by the Intervention and Pursuit of Monsieur Barillon to the great Amazement and general Prejudice of all Christendom His then Majesty's neglecting to Assist the French Protestants under great Persecutions for their Religion was more than a Tacit Consent to their Utter Extirpation His Intailing the Duke of York upon the Nation contrary to the Desires and Endeavours of Three Parliaments and that not out of Love to his Person but Affection to Popery which he knew that Prince was engag'd by Solemn Oath to establish are Sufficient Evidences of Charles the Second's Religion and his being engag'd in the Design of Subverting ours which I think no Man will question that was not concerned with him in it 'T was by a strange Providence as well as great Oversight in the Conduct of the late King that we arriv'd at this Discovery for so many good Men that believ'd the Tremendous Oaths his Majesty Charles the Second had swallow'd and thought it impossible he should prevaricate in so solemn a Matter were so fix'd in their Opinions of King Charles's being a Protestant and so Outragious against them that durst but whisper the contrary that had it not been for his Receiving Absolution and Extream Unction from a Popish Priest a little before his Death and for what he left in Writing under his own Hand he would still have pass'd for a True Protestant and the Nation in favour of that Monarch would have still been kept under their former Delusions And Tho' at the same time it gives us but an Indifferent Character of this Prince who for the Lucre of a Crown thus notoriously dissembled with God and Man and that in all his Declarations and Speeches to the Parliament and in Complying in the Offices and in Communicating in the Holy Sacrament of the Church of England he wore the Vizor of a Protestant when he was a Member of the Church of Rome and was by Oath when he chang'd his Religion at St. Germains in France oblig'd to set up Popery Yet it gives us an Everlasting Abhorrence of Romish Principles which for the Sordid Interest of that Idolatrous Church did not only Dispence with but Indulge such Crimes as the worst of Heathens and Pagans would blush at the Thoughts of And here tho' the Series of the Narration will hardly allow it I will draw a Veil before the Picture of this Unhappy Prince and without Exposing his Intricate and Bifarious Actions to a more Open View and Censure content my self by telling the Reader he Liv'd in a Cloud he Dy'd in a Storm But by what means he came to his End God knows tho' the Suddenness and Meanness of his Interment Rais'd many Suspicions Neque Sepulchrum quo recipiat habet portum corporis Ubi remissa humana vita corporis requiescat a malis He had no Tomb nor with a Port was blest Where after Death his Corps in Peace might rest I am not unsensible that some Judicious Enquirers into these Affairs will think I ought to have begun the Designs of Advancing Popery and Arbitrary Power with the Reign of the Family of the Stewarts in this Kingdom But since I cannot with Justice think the first two Kings design'd to bring in Popery and having Occasion to take notice of every of their particular Efforts for the Introduction of Arbitrary Power in their several Reigns in the subsequent Discourse I thought it excusable that I began no Earlier than the Restoration of Charles the Second and therefore proceed to shew what Methods were taken by him to Erect those Idols and subvert our Religion and Laws and they were principally Four First 1. By Abusing the Credulity of the Nation with the fond Hopes of such Privileges and Immunities as were never intended them Of this kind was his Declaration from Breda which promis'd Indulgence and Liberty of Conscience to all Protestants that would live peaceably under the Civil Government But if we had look'd before us and not suffer'd our Prejudices against the many late Mock-Governments the Tyranny of our Fellow-Subjects and the Transports of being deliver'd from them in the Accession of the Rightful King to his Throne to have blinded our Eyes we might easily have perceiv'd that it was never in his Thoughts to perform it For the Previous Obligations he was under to the Church of Rome had a Virtue to Supersede and Annul his Engagements to English Hereticks So that all he Intended by that Declaration was to Tye up the Hands and Lull those into a Tameness of Admitting his Return into his Dominions whom a Jealousie of being afterwards persecuted for their Consciences might have awaken'd to withstand and dispute it 'till they had better Security And so it came to pass for he was no sooner seated in the Throne of his Ancestors and saw himself secure but he discharg'd himself from every thing that the Royal Word and Faith of a Prince had oblig'd him to perform Secondly 2. By Sowing Discord Dividing Protestants Alienating their Affections and Imbittering their Minds one against another that being so Divided and Enrag'd they might contribute to each other's Destruction or by weakning their Interest become an easie Prey to the Fury of Papists And truly nothing but an Early Prospect of this Method could have Embolden'd King Charles to enterprize upon our English Liberties and the Reform'd Religion For tho' there have been
and that in no case whatsoever they might be Resisted to which I shall add no more till I have answer'd the Calumny of the Papists who charge the Revolution upon the Principles of our Religion Pere d'Orleans the Jesuit with design to draw off the Roman Catholick Princes from a * Revolution d'Angleterre Tom 3. p. 395. Confederacy with King William and other Protestant Princes for the preservation of Europe and to perswade them to unite their Arms with those of France and the late King James on whose success as he says depends the Glory and Stability of the Popish Religion after he has scandalously told them that this Confederacy was a Combination against God and his Messias the subtle Missionary would insinuate that the late King was Depos'd merely upon the account of his Religion and that if he had been of no Religion or any thing but a Papist he had never lost his Crown which is a great Calumny and to say no worse a wilful mistake for in Antient times long before the Reformation had footing in England and when the profession of the same Religion ty'd Men in one Communion and Worship and when there could be no Apprehension of Grudges upon the Pretence of Different Persuasions in Religion there were equal Animosities and Struglings between the Antient Britains and their Kings as often as they thought their Laws and Liberties were in danger of being Invaded or Destroy'd by them None that converse with History can be ignorant that the same Innate and Congenial Temper has always sway'd these Northern Climates in all Ages within the Reach of History and was observ'd to be Predominate by Julius Caesar him self in his own Reign here Tacitus has an Instance very applicable to this purpose * Ipsi Britanni selectum tributa injuncta Imperii munera impigre obeunt si Injuriae absint has aegre tolerant jam domiti ut pareant nondum ut serviant Tacit. in Vita Agricolae Sect. 13. The Britains saith he are easily assembl'd pay Taxes freely and execute Offices in the Government chearfully if no Injuries be offer'd them for they are willing Subjects but impatient under Slavery When they were under the Power of the Normans they had often Recourse to their Arms to prevent the Incroachments and abate the Oppressions of that Race of Kings although they were All of the same Religion as is apparent in the Reign of William the First who upon the Opposition he met with relinquish'd his Pretence to Conquest and swore to govern the Kingdom by its Antient Laws William the Second was defeated by many of his Subjects who took part with his Elder Brother Robert Duke of Normandy because Rufus had violated the Laws From the same Cause when Duke Robert rais'd an Army against his other Brother Henry the First the greatest part of Henry's Army Revolted to Robert because as Matthew Paris says Henry had already been a Tyrant Another Commotion was rais'd against this Prince and the Party headed by Stephen Archbishop of Canterbury King John was brought to Reason by the Resistance he found by the Great Prelates Nobility and Gentry who slighted the Pope's Bull for Abolishing their Great Charter and valu'd neither the King's Arms nor the Pope's Excommunicating of them all when they stood in Competition with their Antient Rights and Privileges What Troubles and Danger did the Barons and Bishops bring upon Henry the Third for Violating their Privileges His Reign gave Birth to the Complaint that fill'd the Subjects Mouths in the Reign of King James viz. That Judgment was committed to the Unjust the Laws to the Lawless Peace to Men of Discord and Justice to the Injurious So that not only the Nobility Gentry and Commonalty but the Bishops of his own Church Warr'd against him threaten'd him with Excommunication and that if he would not be reclaim'd from his Illegal and Arbitrary Proceedings they would conferr with the other Estates of the Realm and as they had done in his Predecessor's Time would chuse a New King And if in so Antient Times when Popery was on the Meridian of Glory and Power not only the Laity but the Prelates of the Church thought it Lawful to Resist their Monarchs who were breaking in upon their Liberties why may not Protestants do the same without Scandal to their Holy Religion when they had greater Reasons and stronger Provocations than former Times could pretend to Their Religion was never in danger by any of those Kings But ours had receiv'd a deadly Wound by James the Second and was almost Expiring till we took shelter under a Prince who is not only able to Protect his own Subjects but to hinder other Nations from being brought under the Yoke of Slavery The Reader I hope will easily perceive that these Instances are not urg'd to flatter the Rage or gratifie the Passions of Seditious Rebels but only to shew that it has always been the Genius of the English Nation under all Forms of Religion to be very Tender of their Privileges and gave greater Proofs of their Zeal for them in Times of Popery than ever they have done since ehe Protestant Religion obtain'd amongst us Which may at once confute the Jesuits and convince the World that we did not resist the late King James because he was a Papist but because he was a Tyrant tho' it has been observ'd in England that Popery was the first Step to Arbitrary Power and the nearer any of our Kings inclin'd to Popery so much the more did our Privileges decline till at last they were almost totally destroy'd by a Prince that openly profess'd it and all our Crime is that we would not be content to be Ruin'd by the late King and his Popish Emmissaries and rather chose to desire Protection Liberty and the Restitution of our Privileges from His Present Majesty than abide in the Condition of the vilest Slaves to the late King James A Crime for which I am very confident no Papist tho' he Rail at us with his Tongue can condemn us in his Conscience And this brings us to the last Plea that our Opponents are pleas'd to enter against the Doctrine of Resistance and securing our Obedience to the late King viz. That we are oblig'd by our Oaths to Obey and not Resist him upon any Pretence whatsoever To which I Answer How large an Extent soever some Men may give to the Oaths they took in pursuance of an Act of Parliament in the 13th of Charles the Second yet they ought to remember what must always be suppos'd as the Natural Condition of every Oath Rebus sic stantibus Things continuing in the same State as they were in at the Time of Taking these Oaths for otherwise the Obligation ceases when Things are so changed that they are Unlawful or impossible to be observ'd When we took these Oaths to the late King we believ'd he would observe and keep his own Oath at his Coronation and protect us in
private Lashes and subtile Essays towards an Unlimited Power but being told of it as an Incroachment upon the Laws they have always publickly disclaim'd it and yet the late King would attempt it Fortunae miseras auximus arte vias Propert. lib. 3. El. 6. He with Misfortune ' gainst himself took part And his own Wickedness increas'd by Art King Charles the First in his Declaration from * 1694. Newmarket shew'd the Unlawfulness of it for says he The Laws are the Measures of my Power Few Words but very significant and agree with what was said by that great Lawyer Bracton That he is no King that governs by his own Will and not by Law nor are his Commands obliging Which made King James in one of his Speeches to the Parliament call those Flatterers that persuade Kings not to confine themselves within the Bounds oâ— their own Laws Vipers and the Pests of King and Kingdom And the Lord Verulam says the People have as good a Right to their Laws as to the Air they breath in and he that persuades his Prince to break them is as great a Traytor to him in the Court of Heaven as the Villain that draws his Sword upon him in his own Palace Lewis the Eleventh of France tho' he had been a very Arbitrary Prince when he lay upon his Death-Bed told his Son Charles the Eighth that it was a Diminution to the Greatness of a King not to govern by Law and treat his Subjects Humanely for no Man can be call'd a King but he that governs Free-men King James the First in another Speech to his Parliament sums up all in this memorable Passage viz. That a King governing in a settl'd Kingdom leaves to be a King and degenerates into a Tyrant when he ceases to rule according to Law And yet all this could not restrain James the Second from endeavouring after an Absolute Power The Sentiments of these Great Men might be very prevalent upon Ingenuous Princes yet our Ancestors unwilling to expose themselves and us to Contingent Hazards or leave it to the Mercy or trust only to the Good Nature of Princes who being but Men might be sway'd by their own Passions abus'd by their Credulity or mis-guided by Evil Counsellors to act against their own and their Kingdom 's Safety they thought fit to bind up their Kings from Invading their Laws or venturing upon an Unlimited Power by the most Sacred Obligation in the World viz. a Solemn Oath and Promise at their Coronations to govern according to the Laws of the Land And Taking this Oath has always been the constant Practice of our Saxon Danish and Norman Kings even to James the Second who made no Scruple in Taking nor no Conscience in Breaking it To this I might add that our Kings are Circumscrib'd by Law because in many Instances the Law hath determined what they can and what they cannot do lawfully But because this Point has been Invidiously and Indecently handl'd by some Perulant and froward Tempers who have set too narrow Bounds to the Royal Prerogative I shall wave it and conclude this Paragraph with that excellent Saying of King James the First to both Houses of Parliament Wherein he expresly tells them * See his Works That a King of England binds himself by a double Oath to the Observation of the Fundamental Laws of the Kingdom Tacitly as being a King and so bound to protect his People and the Laws of the Kingdom And Expresly by his Oath at his Coronation So that every King in a settl'd Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeably thereunto according to the Paction that God made with Noah after the Deluge To Recite more upon this Head was to pour Water into the Sea for that King that does not think himself oblig'd by his Oath to govern according to Law no other Legal Mound can hold him from breaking down the Fences of the Kingdom and laying all Waste before him Which tho' others might aim at by a Side-Wind no King of England ever claim'd a Right to it but the late King James and it was a piece of Haughtiness and Extravagance above all Example except what his own following Practices has furnished us with And having thus proved that the late King James was by his Oath oblig'd to Govern by Law I proceed to shew you that instead of Answering this great End He made it the whole Business of his Reign to act directly against the Laws to subvert the whole Constitution and expose the Nation to certain Ruin and Destruction And Secondly That by so doing he renounc'd to be our King and justify'd the Legality of the Estates proceedings against him That he intended no Good to England might plainly be discern'd by the great Number of Jesuits and Popish Priests that from all Parts flocked about him and were Caress'd and Indear'd by him at his very first Accession to the Crown for if Charity could have oblig'd us to believe him never so Good-natur'd it was Morally Impossible for him to continue Good in such Ill Company who where-e'er they come set the Country in a Flame that receives them 'T was I say a Sign that some very Ill Thing was to be done when such Sanguinary Hands were to be employ'd as were Reeking hot in the Blood of Neighbouring Protestants and against whose Cruelties Self-Interest Love of Glory Greatness of Mind nor Goodness of Nature could never divert those Princes from Persecuting and Rooting out their Protestant Subjects that had once imbibed the pernicious Principles of the Jesuits who like their Father the Davil are always wandring about seeking whom they may devour In what a happy Estate was the German Empire till the Jesuits prevail'd with the Emperor to espouse their Interest and rather than let a few Protestants live peaceably in Hungary involv'd the Empire in a War that has lasted Thirty Years already and God only knows when there will be an End of it What Scandalous Breaches of Promises and Havock has been among the Hugonots in France by Merciless Cruelties Murthers Thefts Rapine and all kind of Devastations since the Jesuits have been permitted to influence the Affairs of that Kingdom To give no more Presidents of their Barbarities to Protestants and bewitching with their Poysonous Tenents the Counsels of Unwary or Bigotted Princes How have they persuaded the Duke of Savoy contrary to all Politicks to Persecute and Banish his Protestant Subjects who in all probability would have given him the best Assistance when he shall want their Service for the Preservation of his Dukedom And how far the late King James would have follow'd those Presidents while these Incendiaries were the Directors of his Conscience may be easily understood by the first Steps he made towards the Ruin of the Protestant Interest First In Setting up a Dispencing Power and Assuming an Arbitrary Authority that should know no Bounds but what his
Example of former Times and their own Prudence should direct them And truly it would be very absurd to imagin that the Legislative Power was so streighten'd that it had no Right to provide against Unforeseen Accidents that might happen or that where the Old Laws seem'd opposite to the publick Good or were wholly silent as not foreseeing every extraordinary Event they could not supply that Defect by making * Quae de novo cinergunt novo indigent auxilio New Ones that might reach the present Circumstances of Affairs or Extend and Explain the Old ones as the Necessity of the State requir'd Laws themselves in time may grow pernitious and tho' well intended at their first Promulgation as Things might after happen would be dangerous to be Retain'd Therefore on all such Occasions the Assembly of Estates have an Indubitable Right to wave the Letter of the Law and explain them or make New ones according to Equity that is according to what the precedent Legislators would have done if they had Foreseen what then had come to pass Private Persons are oblig'd to observe the Letter of the Law but Publick Estates are not under such a Confinement but for the Safety of the Nation must respect the Intention of the Law because the Letter of the Law by Length of Time or a General Corruption of Manners may seem to thwart the Common Interest but the Intention of the Law always respects the publick Good and is never against it This is done every Day in Courts of Equity and ought never to be omitted for the Preservation of a Kingdom where Laws Unrepeal'd and whose Consequences were not dreamt of seem to make Tyranny Lawful And therefore the Convention of Estates in Shutting the Door against James the Second and making it fast after him by an Act of State who had first excluded himself and setling the Government on the Foot it now stands did no more than Assert their own Right and prevent the Mischiefs that have attended the Mis-construction of the Intention of some Laws in Force Now that the Estates of the Kingdom have such a Right is Incontestible in the Opinion of our Adversaries yet they deny that the Convention had such a Power because they were not Conven'd by the late King's Authority A frivolous Objection and returns upon the Head of that deluded Faction For This Defect if it were one was not the Nation 's Fault but lies wholly upon the late King He was Sought to Address'd and Petitioned to Call a Parliament It was the great Importance of the Prince's Declaration He often promis'd it and by Proclamation made a Feint of keeping his Word yet at last burnt the Writs and declar'd positively he would not do it Could the Nation compel him to do what he would not Must the Kingdom be Ruin'd for want of a Formality that was not in their Power to compass Must a Glorious Opportunity of Settling the Kingdom be lost for want of a Punctilio that yet was answer'd in the Intent of it Must the Nation be be blam'd for helping themselves when the late King refus'd it No this would be very loose Reasoning and the Thread is of too course a Spinning to pass upon the Thinking Part of Mankind Had they Objected against the Qualification of the Members the Want of Freedom in their Election or shew'd any Unreasonableness in the Action they had said something worthy of Answer but since they could not I shall go on and prove it Just Necessary and Agreeable to the Practice of All Nations The Laws of God Nature and Nations justifie the Deposing of a Prince whose Arbitrary Government is not only Inconsistent with but Destructive to the Kingdom over which he Presides To name no other Instances in the Old Testament Rehoboam and Jeroboam are Examples of Divine Vengeance for their Tyranny and their Stories are Argumentative The Jews asserted the Lawfulness of Resisting and Dethroning their Kings in many Cases * Joseph l. 4. c. 8. especially in their Wars with Antiochus Epiphanes and the †St. Aug. libr. cont Adem 1.17 Christians follow'd those Examples without thinking their Religion oblig'd them by a Childish Submission to yield up their Natural and Legal Rights and consent to their own Ruin How unreasonable would it be to imagin that a whole Kingdom should deprive it self of the Right of Deposing a Tyrant and preserving themselves since * Principio generi animantium omni est à Natura tributum ut se vita corpúsque tueatur declinétque ea quae noscitura videantur Cicero de Offic. Nature has communicated this Right to all Rational Creatures together with their Being which they can neither give away themselves nor can be justly taken from them by others as I have already prov'd in part and shall do it beyond Contradiction in the following Pages and therefore shall descend to shew you that the Deposing the late King is Warranted by the Practice of other Nations as well as our own in Former Ages The Power of the Emperor of Germany is Limited in many Particulars He cannot alter their Fundamental Laws nor make the Empire Hereditary and the College of the Princes Electors may Depose him for Male Administration as they did Lewis the Good in the Year 833. Which Act was always look'd upon as the Right of the Empire in the Opinion of the German Lawyers and so is transmitted to Posterity be the best of their * Lampadius Diderick Conring Lambert Schafnaburg Aventin l. 7. Annal. Cuspin in Vita Wincesl Carpsor de Leg. Reg. Imperat Germaniae Imperial Capitular Writers One of the Charges against Lewis was that he had broken his Coronation-Oath and Rul'd by Maxims of his own contrary the Establish'd Laws of the Empire The Estates of the Empire also at another time Warr'd against the Emperor Henry the Fourth for the same Cause and at length Depos'd him in a Solemn Assembly A later Instance of the same People was in Deposing Wenceslaus in the Year 1400. And he that will give himself the Satisfaction of Reading the Articles Exhibited against him by the Electors of the Empire will be tempted to think that James the Second had transcrib'd them as the Rules of his Despotick Government they agreed so exactly with it from the Beginning to the fatal End of it The Monarchical Government of Poland being extinct at the Death of †Cromer King Lech it was chang'd by the States into a Government of Twelve Palatins who abusing their Authority were all Depos'd and Lesko Elected King and he withdrawing himself out of the Kingdom to secure himself against the Fury of the Tartars was for that Reason Depos'd and a new King Elected So was Henry the Second Duke of Anjou depos'd by the Poles by the Government of Poland for leaving that Kingdom And the great States-man Bodin tells us 't was expresly inserted as a Condition in that King's Coronation Oath when he was Elected