And the Subjects are not only warranted but required to enter into Associations and Oaths for that Effect This is an Evidence that by the Ancient Constitution of England there was no such irresistible Authority in our Kings as some have been inclin'd to imagine But after all if there be any who are so possest with their preconceited Opinions that they either cannot lay them down or will not confess that they have been mistaken in their Notions of Politicks these ought to be very sure that they are in the Right before they will adventure as far as in them lies to undermine and shake the present Constitution To conclude I hope you will examine this whole Matter with the Care and Attention that it deserves that you will weigh the Reasons of both Sides without partiality that you will Fast and Pray in order to the preparing your Minds for the finding out of the Truth and that you will hearken to all that can be said of both hands being neither byassed to the Affirmative by your present Interests nor inclined to the Negative as to the received Opinion neither affecting Singularity nor throwing your selves into the Croud but that you will seek to hear Reason and examine what is most agreeable to the Scriptures and be determined by it This is the daily and most earnest Prayer of Reverend and dear Brethren Your most Affectionate Brother and most Humble Servant GIL SARUM May the 15th Books Printed for John Starkey AN Historical and Political Discourse of the Laws and Government of England from the first times to the end of the Reign of Queen Elizabeth with a Vindication of the Ancient way of Parliaments in England Collected from some Manuscript Notes of John Selden Esq by Nathaniel Bacon of Grays-Inn Esq in Folio Price bound 12 s. For Printing this Book John Starkey was Outlaw'd in the year 1682 which is now by him New Published The Journals of all the Parliaments during the Reign of Queen Elizabeth both of the House of Lords and House of Commons Collected by Sir Simmonds D'Ewes of Suffolk Knight and Baronet Revised and Published by Paul Bowes of the Middle-Temple Esq in Folio price bound 20 s. A New Systeme of the Apocalypse or Plain and Methodical Illustrations of all the Visions in the Revelations of St. John Written by a French Minister in the year 1685 and finisht but two days before the Dragoons plunder'd him of all except this Treatise to which is added this Authors Defence of his Illustrations concerning the Non-Effusion of the Vial in answer to Mr. Jurieu faithfully Englished In 120. Price bound 2 s. 6 d. Books Lately Printed for Richard Chiswell DR BURNET'S History of the Reformation of the Church of England in 2 Volumes in Folio His Abridgment of the said History of the Reformation History of the Rights of Princes in disposing of Ecclesiastical Benefices and Church Lands 12o. Life of Dr. William Bedell Bishop of Kilmore in Ireland to which are Annexed the Letters betwixt Him and Wadsworth about Religion His Two Letters Written upon the Discovery of the Popish Plot together with a Collection of several other Tracts and Discourses Written by him betwixt the years 1678. to 1685. To which is added a Letter written to Dr. Burnet giving an Account of Cardinal Pools Secret Powers The History of the Powder Treason with a Vindication of the Proceedings thereupon An Impartial Consideration of the Five Jesuites dying Speeches who were Executed for the Popish Plot 1679. His Account of the Life and Death of the Earl of Rochester A Vindication of the Ordinations of the Church of England In which is demonstrated that all the Essentials of Ordination according to the Practice of the Primitive and Greek Churches are still retained in the Church Reflexions on the Relation of the English Reformation lately printed at Oxford In two Parts 410. Animadversions on the Reflections upon Dr. BURNET's Travels 80. Reflexions on a Paper intitled his Majesties Reasons for withdrawing himself from Rochester An Enquiry into the present State of Affairs and in particular whethewe owe Allegiance to the King in these Circumstances And wher there we are bound to Treat with Him and call Him back or no A Sermon Preached in St. James's Chappel before the Prince of Orange 23d Decemb. 1688. A Sermon Preached before the House of Commons 31 January 1688. being the Thanksgiving day for the deliverance of this Kingdom from Popery and Arbitrary Power His Eighteen Paper relating to the Affairs of Church and State during the Reign of King James the Second Seventeen whereof were written in Holland and first Printed there the other at Exeter soon after the Prince of Orange's Landing in England A Letter to Mr. Thevenot Containing a Censure of Mr. Grand's History of King Henry the Eighth's Divorce To which is added a Censure of Mr. Meauxâ—s â—s History of the Variations of the Protestant Churches Together with some further Reflections on Mr Le Grand A Sermon Preached at the Coronation of William III. and Mary II. King and Queen of England Scotland France and Ireland At Westminster April 11th 1689. Dr. PATRICKS Parable of the Pilgrim The Sixth Edition corrected A Private Prayer to be used in difficult Times 80. Exposition of the Ten Commandments 80. His Sermon before the Prince of Orange 20. January 1688. His Sermon before the Queen at Whitehall March 1. 1688. The Pillar and Ground of Truth A Treatise shewing that the Roman Church falsly claims to be that Church and the Pillar of that Truth mentioned by St. Paul in his first Epistle to Timothy Chap. â— v.15 His Sermon preached on St. Peters day published with Enlargements His Sermon preâched at St. Pauls Covent Garden on the first Sunday in Lent being a Second part of a Sermon preached before the Prince of Orange newly published Preparation for Death being a Letter sent to a Young Gentlewoman in France in a distemper of which she died By WILLIAM WAKE M. A. Preacher to the Honourable Society of Grays-Inn His Two Discourses of Purgatory and prayers for the Dead 40. His Exposition of the Doctrine of the Church of England in the several Articles proposed by the late BISHOP of CONDOM in his Exposition of the Doctrine of the Catholick Church His Defence of the Exposition of the Doct. of the Church of England against the Exceptions of Mr. de Meaux late B of Condom and his Vindicator A Second Defence of the Exposition of the Doctrine of the Church of England against the new Exceptions of Monsieur de Meaux late Bishop of Condom and his Vindicator The FIRST PART in which the Account that has been given of the Bishop of Meaux's Exposition is fully Vindicated the Distinction of Old and New Popery Historically asserted and the Doctrine of the Church of Rome in point of Image Worship more particularly considered Second Defence of the Exposition of the Doct. of the Church of England against Mr. de Meaux and his Vindication the SECOND PART
by God himself than can be pretended to be given to Christians we clearly see that after any Revolution that happened of which there are many Instances in the History of the Ten Tribes the People acquiesced always in the Possession and the Prophets that were among them never charged them with this nor required them to return back to those Princes or Families which they had shaken off It is true this is but a Negative Authority yet when we consider how particular the Prophets are in the enumeration of their Sins their silence on this Head is at least a great Presumption that they had not contracted much guilt on this account The same may be said of the Obedience of those in Iudah to Athaliah during her unjust and bloody Usurpation which shews that tho the Title of a Prince were manifestly Unjust yet it may be Lawful to take Protection under him and that in most States cannot be had without both giving Obedience and the entring into such engagements for it as are required by the Rules of that Constitution such was the making Covenants with their Kings among the Jews such was the Military Oath among the Romans and such are the Oaths of Allegiance where the Fendal Law prevails 6. The Jews were obliged by a plain and express Law Deut. 17. ver 15. To set a King over them from among their Brethren and not to set a Stranger over them who was not their Brother Here was a positive exclusion of all Aliens so that any Stranger that Reigned over them could only be their King in Fact but not in Right Yet in our Saviour's time the Romans from granting the Jews their Protection against the Kings of Syria had so far extended their Authority that not only the Race of the Maccabees who had long Reigned over them was destroyed but even the shew of Freedom which was left while Herod that was Circumcised and Allied to the Family of the Maccabees was their King was taken a way and Iudea was reduc'd into the form of a Province and that but lately when the Question was put to our Saviour Whether they should pay Tribute to Cesar or not Upon this our Saviour plainly determined for their obeying the Romans And according to the Opinion of almost all Interpreters he drew his Argument for it from this That their Current Coin carrying Cesar's Superscription upon it this was an acknowledging of his Authority and that therefore since they had once submitted to Cesar they ought still to reader to him all that was his that is to say all that he was then possessed of in Fact. This seems to be a very express decision in this Matter and that even when the Possession fell within the Memory of Man so that it was not fortified by Prescription or Immemorial Practice and when the Righteous Heir was known and while the Pharisees kept up the Debate by refusing to own a Foreign and Idolatrous Authority Yet our Saviour whose whole Doctrine tended chiefly to secure the Peace of the World decided plainly in favour of Possession for it were in deed a great Misery and would throw Men into vast Distractions if they were obliged to examine all Titles and in every Revolution to perish for the sake of those by whose means they had like to have perished before 7. It is upon the same Reason that St. Paul writing to the Romans declares in favour of the Powers that were a form of Speech not unlike ours of the King for the time being whom he calls the Ordinance of God and he requires all Men to be subject to them We know very well what was the true Ancient Government among the Romans and that not only the Rights of the People and Senate were as fully secured as any thing could possibly be in any human Constitution but that by the Valerian Law it was Lawful for any private Person to kill any Magistrate that should go about to invade the Liberties of the People and that the Crime for which Catilin's Memory is held in Detestation proving more successful in the hands of Iulius Cesar and Augustus they became the Usurpers of the Liberties of their Country and though something like a consent was obtain'd from the Senate and People yet it is evident that this was extorted from them by force we also see from all that remains of Tiberius's Reign in Tacitus that the Design which he constantly pursued was to overthrow all that was left of their Freedom and to rob the People of such of their Liberties as remain'd yet in their hands so that it was a constant Progress of Usurpation and Tyranny and this was yet more barefac'd and blacker under Caligula yet when St. Paul writ to the Christians of Rome he is express in this That they should not trouble themselves with Inquiries into Titles but should take things as they found them and consider the State of the Empire under which they lived as such an effect of the Providence of God that they ought to be subject to it and not resist it But this related only to the Christians who were neither concern'd in the Authority of the People nor in the Jurisdiction of the Senate so that unless we will think that the Holy Ghost approved of the blackest and Cruellest Usurpation that ever was we must conclude that it is the Will of God that all Private Persons ought to be subject to that authority which is in possession and that prevails in the places and times in which they live 8. It is clear from the whole History of the Church That the Primitive Christians understood this to be the Doctrine of Christ for notwithstanding all the revolutions of the Empire that were often sealed with the blood of the Dethroned Emperour they adhered still to the possession And since we see by Tertullian's Apologetick as well as from several other indications that many of them were in the Army they certainly swore the Military Oath to every one that prevailed and were never once so much as reduced to any straits much less put to trouble for their adhering to the Dethroned Emperour or for their refusing to acknowledge the new one This appeared eminently in the Cafe of Maximus who had murdered Gratian and usurped his share of the Empire And yet all the Bishops of the West not excepting the Great St. Martin who was called the Apostle of France made their applications to him and followed his Court as much if not more than they did any Prince's of that Age nor is there one single instance that I could ever yet hear of in any part of age of the Christian Church where the Clergy refused to acknowledge him that was their King in Fact or to give him all those securities of their Allegiance and fidelity to him which were required of them 9. It appears in another instance which is indeed foreign to this matter That our Saviour judged that the minds of the people ought not to be
distracted with enquiring into Titles but that they ought to acquiesce in the possession even when the Title was visibly and unexceptionably bad In the Jewish Religion as the High-Priest was the first of all the sacred Tribe so the greatest piece of their Religion which was the Annual Expiation was to be perform'd by him by their Law it was provided that the High-Priest's eldest Son should be anointed to serve before the Lord in his Father's stead unless he had any of those Blemishes in his Body that tendred him unfit for it So that the high Priesthood went by inheritance and their Genealogies were so carefully preserved that it was not possible for them to be mistaken in him that of right ought to have been their High Priest yet in our Saviour's time this sacred office was set to sale by the Romans so that Caiaphas had both purchased it with his Mony and had also thrust out him to whom it belonged by the Law of God. Here were all the Nullities that could almost be in a Title Yet Our Saviour owned this Mercenary High Priest he joined in all the parts of the Temple-service and since he fulfilled all righteousness no doubt he obeyed that Law of going thither on the day of the general Atonement for the sins of the whole people though he had no need of it in his own particular he also acknowledged the High-Priest's authority by answering to him when he was brought before him and adjured by him to speak the truth St. Paul not only did the same but when he had been guilty of an indecency to Ananias not knowing him to be the High-Priest he made an apology for it in which as he pleads his ignorance so he plainly acknowledges the respect that was due to him This is yet carried further by St. Iohn who says that Caiaphas as High-Priest for that year prophesied All this shews that even when rules were given by God himself and were notoriously and infamously broken in the offices of the highest nature yet the peace and quiet of mankind were to be preferred to all positive Laws and that all persons were directed by an infallible authority to acknowledge those who were in possession 10. But now I will advance the state of the Question a little further beyond that of a bare possession into that of a Title declared by those who only can be supposed to be the proper Judges of it and in order to the opening this it ought to be considered That there is this difference between all speculative points of opinion and all questions that relate to matters of Fact that in the former every Man must still think according to the sense that he himself has and must not subdue his understanding to any Authority whatsoever nor yield to any pretended infallibility but in matters of Fact if a Man belongs to any body that makes any decision relating to them he must agree to it and acquiesce in it though he thinks it wrong A Member of any Court of Justice in which an unjust Decree is past though he is bound to oppose it while it is in agitation yet when it is past he himself not only acquiesces in it but must afterwards issue out such Orders as are consequent to that Decree as readily as if he himself had concurred in the making of it That this is a certain truth there needs no other proof but this That it is simply and indispensibly necessary to the preserving the Peace of Mankind and to the keeping of all Societies in Union and Order and every Maxim that is of such absolute necessity to Mankind must be true Now with relation to the subject now under consideration there are Two Questions which may be made The First is A Point of speculation how far subjects are bound to obey or submit to the Supreme Power and whether they may resist them in any case and more particularly if that may be done on the account of Religion And as to this there is no Debate at present so that all Men may retain their former Opinions But the Second relates to the History and Policy of England Whether the King derives his Power from God and so is accountable only to him or if he holds it by an Original Contract with his People so that upon his breaking it they likewise may be acquitted from all Obligations to him This depends on our Laws Records and Histories and the resolution of it can only be taken from them so these being all Matters of Fact whatsoever decision was made by those who are the only competent Judges it must oblige all Persons not excepting even those who being of that Body opposed it while it was a making therefore all English Men are bound to act according to that Judgment and by consequence of swear that they will do it And therefore no private Person ought to let his particular Notions of our Government determine him but is bound to resign them up to the decision that has been so publickly made in it Here it were an easie thing to urge all those Topicks which have been made use of with relation to the Dissenters who in the matters of Government have set up their own doubts and scruples in opposition to Laws and established Rules But this Argument might seem invidious and therefore I will not insist upon it 11. But I will in the last place carry this matter further to justifie the present settlement as a thing right and lawful in it self and in order to the stating this aright this must be acknowledged That there are few of those tho' some seem now to be in some doubt concerning this matter who did not think that the King when he was Prince of Orange had a just cause of War when he first undertook this business for even at Common-Law an Heir in Remainder has just cause to sue him that is in possession if he makes wasts on the Inheritance which is his in Reversion It is much more reasonable since the thing is much more important That the Heir of a Crown should interpose when he sees him that is in Possession hurried on blindfold to subject an independent Kingdom to a Foreign Jurisdiction and thereby to rob it both of its Glory and of its security And when it is manifest that this must occasion the greatest Ruine and Miseries possible to that Kingdom And when a pretended Heir was set up in such a manner that the whole Kingdom believed him spurious In such a Case it cannot be denyed even according to the highest principles of Passive Obedience That another Soveraign Prince might make War on a King so abusing his power and that this was the Case in fact will not be called in question by any Protestant So then here was a War begun upon just and lawful grounds and a War being so begun it is the uncontroverted opinion of all Lawyers That the success of a just War gives a lawful title to that which