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A60816 Some observations upon the tickling querie (viz.) whether the admitting of a popish successor be the best way to preserve the Protestant religion, with other passages touching the history of the succession and other pamphlets / by a gentleman in the countrey to his friend in London. Gentleman in the countrey. 1681 (1681) Wing S4542; ESTC R17822 8,836 10

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Current of Opinions is That all Modifications are ineffectual and delusory nothing but a total Exclusion will serve the Turn Now if they would be ingenuous and would Confess that they are of Opinion That nothing but an Exclusion will serve their Turns I should be a little of their minds for being conscious to themselves how far they have provok'd him they judging by their own Charity conclude themselves unpardonable and therefore for their own Security must endeavour to wheedle the whole Nation into the same degree of Guilt to save them harmless But we hope the Nation is not so mad yet to involve themselves in so great Sin and Danger only to gratifie or secure a few discontented Republican Desperado's Therefore to leave that Question to them of those Principles give me leave to put you a Case that on this subject was urged by one of our Company and he a very honest man too as we take him at least I would willingly be satisfied saith he why the King in Possession with the Advice and Consent aforesaid foreseeing that by a Popish Successor at any time it is more than probable not only the Religion Established but the very Laws and Government will be in danger of suffering such convulsions as may hazard the Ruin and Downfall of Monarchy and Religion both whether saith he they may not make such Laws and Provisions as may in humane probability prevent or alleviate such dismal consequences As for instance without reflecting upon the D. Y. whether he be a Papist or not nor if he were so whether he be the worse as the Character asserts for being one of the most Accomplished Persons in Europe We are only to enquire says he whether if the Religion Established by Law in England be a Religion worth our care and that certainly by all lawful means we may endeavour its Preservation and continuance among us and its consignation to our Costerity And that the Religion in England is so implicated and involved with the Laws and Government that one cannot be invaded but the other must be in danger and if it be necessary to preserve either or both and that it is not consistent with Reason to expect this from a Popish Successor at any time Then whether it be not in the Lawful Power I will not add saith he the Duty and Obligation of the King in Possession with the Advice and Consent aforesaid to make and pass a General Law by Act of Parliament That no Papist whatsoever shall at any time hereafter be capable of Inheriting the Crown with such other circumstances as shall be thought necessary for such an Act. And first saith he here is no wrong done to any man for the D. Y. is not yet convict of being so for if the Modes and Qualifications be lawfully laid then 't is not the Law but you that exclude your self and the Subjects are excused by a Law as great as that which requires them to take the Oath of Allegiance from submitting to such an unqualified Person Now though it is urged by some continues he That in Hereditary Successions no Limitations can be laid by any Power upon Earth to bar the Inheritance being founded by a Law paramount to all humane and positive Laws viz. The Law of God and Nature Yet give me leave says he to ask these Gentlemen whether the Laws of God and Nature have more force here in England than in any other part of the World We know very well that by the Laws they speak of Proximity of Blood is only to be regarded without any other consideration either of Religion Manners Sex or Age even to Ideots and Madmen How then comes it to pass that in France an Hereditary Monarchy of the first Magnitude the Crown is Limited to the Heirs Males for whether the Salique Law be as old as Pharamond as they pretend it is or whether it were only made to serve a Turn to exclude our Edward from his Natural Right to that Crown in Right of his Mother it will not be worth the while to enquire at this time a-day de Facto it is so and hath been to the Exclusion of all Females and their Issue to this very time And though some would seem to justifie the practice with a Dispensation from Heaven because there is such a passage in the Scripture Lilia nec nent nec laborant yet that will scarce pass with any but such as interpret Scripture A la mode de France So in Portugal where they admit of Females to Inherit the Crown yet they are Limited to such as Marry within that Kingdom and this upon pretence of the Law of Lamego a fresh instance of which is now upon the Stage in the Infanta of Portugal who being to Marry with the Duke of Savoy in order to make their Issue capable of Inheriting the Crown of Portugal The States of the Nation were Convened and their Consent required for dispensing with that Law for this time and in that Case And by vertue of that Law the late Duke of Braganza Father to the present King and Prince Regent of Portugal was declared King having Marryed Catherine a younger Daughter yet Marryed within the Kingdom whilst the Issue of Mary though elder Daughter Marryed to the Duke of Parma were Excluded according to that Law of Lamego In Poland though it be yet an Elective Kingdom yet their very Elections are Confin'd and Limited to one that is a Roman Catholick And so in several Parts of Germany their Chief Magistrate must be alternatively a Romanist and a Lutheran Now if all this be well done in these Countries notwithstanding the Divine Natural Right of Succession by proximity of Blood And if every Nation is bound by the highest Law to take care Ne quid detrimenti Respublica capiat And we see other Countries do and have made Laws which they judge most convenient for the good of those respective Countries even to the Limiting the Succession How comes it to pass that we in England are deprived of this Liberty that other Countries take in preserving themselves and their Government entire and unshaken Another Question of this nature and probably as important as the former was urg'd by another Friend viz. In Case the Wisdom of a King in Possession by the Advice and Consent aforesaid should make such a Law to Deprive all Papists from Inheriting the Crown and should Declare That such and such Overt Acts should be a sufficient conviction in Law to affect such Persons of being so and then Entayling the Crown upon the next Protestant Heir in Succession How then should good Subjects behave themselves in such a juncture And several other Queries incident hereunto we had which I shall not trouble you with at this time but intreat you to give us your thoughts of these I have mentioned as freely as we have imparted ours And though these sort of Questions seem a little to confirm or favour the Tickling Querie I mentioned at