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A45944 The interest of the English nation under the happy government of King William III once more asserted in answer to the challenge of a Jacobite : wherein is proved that the law which forbids taking up arms against the King upon any pretence whatsoever is consistent with the late revolution / by Philo-kalo-basileos. Philo-kalo-basileos. 1696 (1696) Wing I268; ESTC R25207 22,742 31

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more than to meet him fairly in the Field Now what is there in a Bailiff to bear up the Credit of such a Comparison He is indeed a Lawful and Necessary Officer but I know not how it comes to pass that he should not only be a Rogue but the Common Pest of the Nation If this be a mean Character of a Bailiff as I think it is what must it be of the King of England who because he is not Arbitrary is in a far worse State and Condition This is a vile Reflection upon the English Frame of Government which many Wise Men think is the best Constitution in the World But here comes the Old Killing Question as briskly as if it had never yet been Answered Who must be Judge when the King has a Design to Subvert the Government And 't is brought in with these Triumphant words You see Sir what a goodly thing you have made of your so much boasted Cause and Demonstration of Nothing To this I Answer First That some People thro' Blindness and others thro' Prejudice are not capable of a Demonstration Secondly I will venture my Paper and yours before any Learned Men even tho' he be a Jacobite and will for once be Judged by him whether your Cause or mine is better Managed Thirdly You have in my Paper a full Answer to this very Question but you do so abound in your own Sense that you could not see it or perhaps indeed you have not read it for haste to get my Paper Answered I shall therefore Answer it once more with some small Improvement I say then these very Three Parties you mention namely the King the People and a Forreigner are all of them Comperent Judges in this Matter For First Cannot the King easily tell what he himself Designs to do Certainly he is a Competent Judge of his own Mind and Intention whether he declare it or not K. James said in his First Council he would Maintain the Church of England and many well-meaning People were so simple as to believe him Yet not long after it was declared in a private Letter said to be his That he would Reduce the Kingdom to the Catholick Religion or Die a Martyr But whether this be true or no every Man certainly is a proper Judge of his own Intention but he is not like to discover the same when such Discovery may be a Means to prevent his Design Secondly The People too are Judges in this Case For cannot every Man tell what he feels and what he fears When a Man's Head is broken or his Goods taken from him he has reason to know that it is so and his Neighbour that is a Spectator to Day may be a Sufferer to Morrow Jam proximus ardet is Scarborough Warning If a Charter be taken from a Corporation are the People no Judges as to Matter of Fact If the Master and Fellows of the Colledge are turn'd out of their Freehold must some body else Judge for them and inform them that they want Lodgings If a Protestant Justice of Peace be turn'd out of Commission and a Papist put in his room he certainly knows that he is not on the Bench and is capable of making a Rational Judgment not only of the Matter of Fact but of the Consequence If I see a Cut-throat Murdering my Neighbour and then making towards me with his long Knife you would have me to stay till my Throat be cut before I must judge what his meaning is In short your whole drist is to make the King an Idol and the People Sots And then Thirdly As to a Forreigner or Neighbouring Prince 't is very possible that he may make as true a Judgment as any other A By stander sees how the Game goes better sometimes than he that plays it And it is well that it was so in our Case of late else you and I might have been Disputing in a Dungeon or a worse place for which all Protestant and true Englishmen ought to give Thanks to God and next to Him to our Gracious Deliverer K. William Thus you may see if Prejudice will permit that after all your flourishing each of the three Parties you except against are or at least may be proper Judges in the Case before us But indeed I thought at first your Question had been this When a difference breaks out between the King and his People who is a proper Judge to determine the matter between them For it is one thing to judge Rationally and almost infallibly when ill Designs are on foot and another thing to judge between the Parties at odds and to determine the Difference As to the former I believe that even your self did once judge that we were in an evil Case and so I am sure did most of the Jacobites and now you long to be so again or in a worse But in the latter Case there is no Judge upon Earth and this I also told you before There lies no Appeal but to the Court of Heaven nor any way to plead the Cause but with the Sword and the God of Battel that gives Victory must Judge and Determine the Controversie But this is always to be understood when all other means have been tried For if the Case will admit of Intreaties sober Counsels or Legal Appeals they are to be used But if there be no room for these or if they take no place but illegal force be used that force may nay must be resisted or Evil is consented to For he that will not serve the Publick by that means when there is no other does actually consent to the ruine of it and is a Betrayer of his Country They are Rebels says a Learned Author who Arm against the Government and not they who Arm to defend it In the next place you say That if a King do give Authority to Rogues and that too under his Broad Seal to cut any of his Subjects Throats be they more or fewer such Persons may resist such illegal force in defence of their Lives and kill their Assailants too if they be able and justify the same by the Establish'd Laws of the Nation Admirably well Right every Word See here the force of Truth that cannot be stifled under the greatest prejudice This is all the Resistance I contend for Did ever any one plead for the Resistance of Lawful Authority No sure It is only the Kings Unlawful Commands that may be resisted not his Lawful Ones Yet you conclude this Point with the most Comical Fancy in the world you say I have brought my Hogs to a fair Market when on the contrary you do here justify all that I have said or can say upon this Argument and you have given up your Cause to all intents Since I was born did I never see such a Conclusion from such Premises You seem to take exception that I should say The King is King by Law but you do not well explain your self nor tell me where your