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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A47810 The case put, concerning the succession of His Royal Highness the Duke of York L'Estrange, Roger, Sir, 1616-1704. 1679 (1679) Wing L1206; ESTC R39022 25,486 41

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been much better let alone and that out of divers respects in their due places to be consider'd First as to the Question it self it is a Ticklish Point to say what a King of Great Britain with his Two Houses of Parliament either Can or Cannot Lawfully do when perhaps it would puzzle the Three Inns of Court to State and Determine the very Priviledges of the Single House of Commons Secondly I do not know how far Private men may be allow'd to pronounce upon the Power of that Government to which they are Born Subject Thirdly This Particular Case renders the Undertaking more Invidious and Dangerous The King 't is true calls the House of Commons to Consult and Advise de Arduis Regui Of which Ardua That now in hand is undoubtedly the Chief but I cannot yet learn that the Soluta Multitudo were ever joyn'd with their Representatives in the Commission Fourthly what can be more Hazardous then the Probable Effects of this Dispute It Splits the People directly into Two Parties One of which is certainly in the wrong and the Publick Peace endanger'd upon the Division Beside that the People being made Iudges of a Case that they do not one jot Vnderstand it looks as if they were not call'd upon so much for their Opinion as for their Help The Publishing Manifesto's of this kind is not so much the Stating of a Case as the Pre-engaging of an Interest for it is not a Rush matter to the Multitude whether the thing be Lawful or Not according to the Law of the Land Let but Them be once possess'd that it is Reasonable and for the Common Good thô in Truth never so Inconvenient and Vnreasonable the Old Story of Self-preservation and Kings being Constituted for the Good of the People in their mistaken sense will make it Lawful And when it comes to That once the Government is Lost. A Popular Error upon the Matter here in Debate must necessarily draw after it a train of dismal Consequences as distraction of Thought in the bus'ness of Conscience and Duty an Aversion to their Superiors Irreverence to the Laws and a Spirit of Opposition to all Publick Acts of Civil Administration if not an Vsurpation of the Power it self And all This is no more then to pass a Sentence in a Case where we our selves have given 'em the Chair The very Exprosing of the Question is a kind of Reference as who should say Gentlemen can the Parliament disinherit the Duke or not And This They take for an Authority to proceed upon to an Arbitration Now on the Other side I cannot find so much as one Colourable Pretence of Advantage by the broaching of This Dispute to Countervail all these Mischiefs It is a great matter you 'l say the Clearing of a Truth especially of a Truth so necessary to be known that the safety and well being of every Particular man the Preservation of our King Kingdom and Religion depends upon the People's understanding this matter aright If either this suggestion be not put home or that the matter here suggested can be made good I shall submit my self to be better Instructed in it First as to the clearing of the Truth Magno Iudice se quisque tuetur The very Question is a Moot-point One Probable is set up against Another and the Learned Themselves are Divided upon 't There are Presidents produced on Both sides and Objections also on Both sides to Those Presidents And in short it must be the work of a Casuist as well as of a Common Lawyer to decide this Controversie How shall the Common people come to distinguish between the Right and the Wrong where the Doctors themselves Differ Or how is it possible to make any thing Clear to Those that want Capacities to Vnderstand it How shall They come to separate matter of Fact from Right To know what Presidents are Warrantable or what Cases Parallel and what not without any sort of acquaintance either with Law or History with the Intrigues of Parties and Factions or the secret Ressorts of State If it be said that These Books are written only for such as are Competent Judges of the Subject they Treat of my Answer is that it were well enough if they could be kept from falling into Other hands But lying open indifferently to All it is to be fear'd that the Argument does more hurt where it is not throughly understood then Good where it is And there is This further to be said that in all Cases of Appeal to the People whether they Vnderstand them or not they never fall of siding with those Propositions that Promise Liberty to the Subject and Fetter the Government So that their Partiality in One Case is as bad as their Ignorance in Another If it be agreed that a man cannot be the better for any thing that he does not Vnderstand or at least so far as he does not Understand it and that not one man of a thousand understands the Stress of the Point here in Issue the pretence of clearing the Truth falls to the ground Or however there is not one man of a Thousand the Better for 't But now on the Other side let us suppose the people so wise that every man that reads the Case sees through it This might serve to set some people Right and to Confirm Others But Right In What In the Critical Explication of a Riddle of State which would serve us just to as much purpose as the Knack of Solving other Common Riddles It would make us as many other Curiosities do only a little more Learnedly and Vnprofitably Troublesom It is not the Common peoples Province to dive into the Arcana Imperii and it is as little either their Duty or their Interest to intermeddle in the Mysteries of Government As the Vniverse it self is compacted into one Body by the Orderly Disposition and Contiguity of Parts So is every Political Society also bound up in One Community by a Regular Distribution and Subordination of Degrees Offices and Functions And is not all This the Work and Dictate of the same Almighty Providence He that made the World appointed the Order of it and assigned to every Part its proper Place and Station But to proceed now upon the admittance of a Supposition that the Subject matter of this Dispute is competently Vnderstood 'T is as Broad as 't is Long take it which way ye please And the very same thing to the People whether it goes For the Duke or Against him If they find that a Parliament Cannot Disinherit him they are but where they were before unless they should Impose it upon the Government by Force And what on the Other side if the Parliament may Legally Do it May they not as Legally yet Refuse it So that the People are ty'd up This way as well as the Other without any manner of Benefit beyond the bare knowledg whether the thing may
Conqueror then under the Duke as Successor And he goes so far too toward the Dislike of the Government it self that he says no Government but Monarchy can in England ever support or favour Popery P. 7. He tells the City Pag. 5. that their Enemies are young beggerly Officers Courtiers Over-hot Church-men and Papists and charges the three First with lessening the Plot and resembling the times to 1641. Now how is it possible but the Positions of 1641. should put us in mind of the Rebellion of 1641 He begins his 10 th Page thus After the Catholicks had thus brought the Fathers Head to the Block and sent the young Princes into Exile c. Now to give the Devil his due I cannot find so much as one Papist in the whole List of Regicides He has I confess one admirable Fetch to prove His R. H. dangerous to his Majesty because he is both a Friend and a Brother Pag. 17. as if the King were safer in the hands of his Enemies then of his Friends If his meaning be that they are more dangerous in regard of Confidence and Opportunities there is no Fence against that Danger but utterly to cast off all the Bonds and Dictates of Society and good Nature We must contract no Friendships and trust no Relations for fear they should out our Throats How much more wretched then Beasts has our Appealer made us at this rate by poysoning the very Fountain of Human Comforts Though I have drawn out this Pamphlet already further then I intended I must not close it yet without one General Observation upon the People we have to deal with in this Controversie Calumny and Imposture have ever been the two main Pillars of their Cause and if they can but wheedle the Vulgar on the one hand and defame the Friends of the Government on the other their business is done There scarce passes a day without a Libel against both Church and State without either Provocation or Punishment which both shews their Malice and confirms them in their Insolence There is nothing so Odious and so Ridiculous together as betwixt Droll and Sophisme these People represent the Publick Management of Affairs And who can blame the Multitude now under these Circumstances of Licence and Delusion if they either Forget or Depart from their Duties Is there not Law and Power sufficient for the Preventing or Suppressing these Indignities Or is it a thing not worth the taking Notice of for his Majesty to be told every day in a Pamphlet at his Palace-gate that His Ministers are Traytors and Conspirators His Courtiers a Pack of Knaves and He himself but upon his Good Behaviour to his own Subjects WILL it end Here DID it end Here But whence is it that all this Venom and Confidence proceeds The Former is only a Fermentation of the Old Leaven for we have our Iesuits too The Papal Iesuite is an Enemy to Heretical Kings and the Protestant Iesuite will have no Kings at all and then for their Confidence they have both Impunity and Encouragement the former proves it self and I shall now conclude with a word or two concerning the other The bringing of this Devilish Plot upon the Stage has struck all men of Piety Loyalty and Love to their Country with Amazement and Horror The Murther of a Prince the Subversion of our Government and Religion What can be more Exercrable The thought of so Diabolical a Practice has justly transported the People to the highest degree of Rage against it imaginable And it is a Meritorious and a Laudable Zeal too so long as it contains it self within the Bounds of Law and Duty While the King Council and Parliament are in the mean time sifting and Examining the Design and doing Justice upon the Offenders Now there are a sort of men that under the Countenance of This Plot advance another of their own and 't is but the Rubbing of a Libel with a little Anti-Popery to give it the Popular smack and any thing else against the Government goes down Current If a man Writes or Speaks or Reasons against them he is presently a favourer of the Papists a Lessener of the Plot and run down with Nonsence and Clamor A Person of Untainted Honour and Integrity puts in for a Parliament-man 't is but any Little Fellows taking advantage of the Humour of the People and Billing of him for having some Papist to his Kinsman perhaps or Visiting some Lord in the Tower or under the common Scandal of a Courtier or a Pensioner and he 's gone to all Intents and Purposes This is the Character they give to every man that loves the King the Church or the Law They serve them as Nero did the Christians they put them into Bears-skins that is to say they call them Papists Pensioners Conspirators and then deliver them up to be worry'd by the Rabble Shall we never distinguish between Indubitable Truths and Transparent Falshoods betwixt Words and Deeds that stand in a direct Opposition the One to the Other What Priviledg has a Phanatick to blow up a Government more than a Iesuite It must be confest however that he is the Braver Enemy of the two for he scorns to sneak to the Execution of his Exploit with a Dark Lanthorn and to take advantage of Authority by Surprize but Arraigns Princes and puts them to death in the face of the Sun and at this Instant charges the Church openly with Idolatry Superstition and Oppression the State with Tyranny and the Law it self with Error and Insufficiency His first work is to Accuse his Superiors of Mis-government And then he tells the People next that in Case of Mis-government they may resume their Power And what 's all this to the PLOT THE END The Dukes Succession the Common subject of the Press Law and Scripture pretended on Both sides Texts and Presidents may be misapplyed Heresie and Sedition pretend Texts and Presidents Texts and Presidents to all purposes Have a Care of perverted Authorities The Dispute Pro and Con. How the Question came to be set a Foot The King Removed by Consequence Who were the Aggressours The Case Put. A preposterous Question Reasons why the Question ought not to have been Put. The People Incompetent Judges of the Case An Error of dangerous Consequence Great mischief and No Benefit by the Question The Dispute Justified The Question a Moot-Point Not one of a Thousand understands the Point Or what if the People did understand it An Unprofitable Question His Majesties Speech It is a Question of dangerous Consequences The King wounded through the Duke The Motives to the Bill of Exclusion The Excluding Clause of the pretended Bill The Ground and Extent of This Exclusion The Duke gave neither Birth nor Life to the Plot. Proved by Dr. Oates They durst not Trust the Duke with the knowledg of any design The Duke to be dispatched too Dr. Oats his Narrative Fol. 64. The Duke to be Poyson'd or Destroy'd No hopes of the Dukes Compliance The Duke clear'd by Dr. Oates Security to his Religion The Extent of This Exclusion Suppose the Disinherison Lawful The danger of Absolute and Unknown Power A Necessity of Some known Fundamentals A thing may be Lawful and yet Inconvenient Four Obstacles to be removed before the King pass the Bill No Notice taken of Libels against His Majesty and His Government A well meaning Mistake as Dangerous as a Malicious one The Old Cause Reviv'd Scandalous Reflections upon His Royal Highness Seditious Positions The Kings Case and the Dukes are unluckily Coupled The King no safer then the Duke The Dangerous Consequences of placing the Power in the People The Commons Vote The Question Changed from Heir to Successour A desperate Consequence The Political Catechism The Scope of the Ninteen Propositions Husbands Collections Pag. 316. The Kings Ruin was and is design'd Seditious Positions A Malitious Inference A Scandalous Address to the City Mr. Walworth The City of London has been always Loyal Hodge upon the Monument The Libeller sets up for an Oratour The Old Story Truth for his Vision We should do well to look about us He gives the Kings Murther for granted One Plot under another