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A45197 Mr. Hunt's postscript for rectifying some mistakes in some of the inferiour clergy, mischievous to our government and religion with two discourses about the succession, and Bill of exclusion, in answer to two books affirming the unalterable right of succession, and the unlawfulness of the Bill of exclusion. Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3758; ESTC R8903 117,850 282

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when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure
that to make Experiments and try Conclusions upon There is little reason to charge the Guilt of the unexpiable Murder of our late Excellent King for which at this day we are doing most severe penances upon Presbytery which was not thought of here in England till the War was begun The heats that produced that unhappy War were from other Causes and Reasons as every body may know But when that War was once begun as no War can be managed by fore-established Rules and Measures it did not stand within the reasons and first designs thereof but was prosecuted and managed by such means and measures as were necessary and possible This will always happen more especially in a Civil War wherein though both parties share in the Causes yet the Guilt to be sure belongs to the Rebels side The Parliament in the Course of the War in their distress prayed Aid of the Scotch Nation who was shortly before entered into the Covenant They refused them any Assistance except they would enter into that Covenant which they had passed upon their own people By this accident that part of the Nation that was engaged in that unnatural War of the Parliaments side were imposed upon by the Scotch Presbytery But after the Covenant was thus imposed they still retained the English Loyalty filled the Town with Protestations and Remonstrances against the Kings feared Murther declared out of their Pulpits against the Actors of that detestable Tragedy were continually contriving to restore our present King to the Government of his Kingdoms and of their instrumentality in his Restoration the King himself is very sensible I wish the Church too were made sensible of the extinction of that prejudice the Scotch Covenant created against her for though God be thanked she hath survived almost all of those deluded Covenanters yet the apprehension of the danger or the remembrance of the evil at least will return with the mention of that name and render it very displeasing I wish I say that prejudice was removed by their frank Declaration of their good liking of her Order in general and by their humble desires to be spared in the matters whereof they yet remain in doubt by the indulgence of the Church That we may not incur the danger of loosing our Religion and Government by the scandal that is given to the Church-men at the old remembrance of what hath been done here by some that were of the Presbyterian Name For this matter of Offence they of the Popish Faction do with mighty advantage to their Villainous design cultivate and improve They stigmatize all that oppose the Popish Plot with the Name of Presbyterians and thereby would denote them Enemies of our Church-Order By this means they have brought many too many Eminent men of our Church to at least a dead Neutrality as if things were come to this pass that they must perish either by that or the Popish Faction and had nothing left them to do but to chuse which way our Church shall be destroyed A cold comfort this would be that whatever way they should take they must assist to the destruction of their Order Upon this rock we are like to be split this makes our deliverance to stick in the birth and upon this hinge the fate of our Religion and Nation will turn Lord what a prodigious thing is this that is come to pass in our age Religion it self must be the devoted thing to the rage and folly of the Priests of that Religion Let them in the Name of God consider what iniquity it is to declame against the faults of others and not endure to hear of their own Crimes To hate one-another for those very proceedings that their own faults occasion where the fault is in both sides the fault is in neither so as they may justly accuse one another and yet they will both fall under a most severe Condemnation to be sure in the next world if they do not both miss their aims and be confounded with guilt and disappointment in this I wish it were considered that scarce any Nation ever yet perished that was so blinded in her own concerns that she had not discerning men enough to have preserved her from the destroying Evil if many good and wise men did not perswade themselves it was better to suffer it than to endeavour to prevent it and from the fears of one Party and the dislike they have conceived against the other determine with themselves to stand Neuters whilst they want Resolution to oppose the dangers that one side threatens and think the disorders of the discontents incorrigible It was a wise Law of Solon That if the Common-wealth at any time should be divided into Factions that the Neuters should be noted with infamy by which every man was obliged to take a side or Party and all the virtuous peaceable and modest were engaged to appear openly in the concernments of the Government he concluded assuredly that by this means Peace would be more easily restored and terms of an accommodation more readily invented and entertained the Factious Knaves of both sides turned out of Office their Evil Designs disappointed and the ruine of the Nation by the Extremities of wicked men prevented For the worst men are most forward in Factions and the greatest beautefeus most honoured by their respective contending Parties before the wise and good interpose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Causes of the Differences would be better understood be rendred clear and conspicuous when the honest men such as can have no interest but the publick good whose Authority is more prevalent with the people than the clearest Reason do declare them and those that are mis-led and abused into Extreams would then unite and conspire against those who gave the first occasion to the Divisions and promote them As did the Factions of the Colonnois and the Vrsins who having discovered that Pope Alexander the Sixth set them still at discord and variance amongst themselves so by their Calamities and Falls to encrease the strength and power of his Son Borgia they fell to agreement among themselves and made head against him their common Enemy If all that are true Protestants and true lovers of our Government would declare themselves on the behalf of our Religion and Government in such terms as befit honest men and as the Exigency of our present state shall require we shall find the numbers of Addressers reduced to the Dukes Pensioners Creatures The number of Phanaticks made so few that the Papists would again become the Fautors and Defenders of Fanaticism as they were about ten years since lest the numbers of Fanaticks should not be big enough to make a Scare-crow for the Church of England or the Schism not considerable enough to disgrace her All discerning men see that the late Addresses have been obtain'd by application That the design therein was to make Voices for the discontinuance of Parliaments and for a Popish Succession If the people