A letter from a freeholder, to the rest of the freeholders of England, and all others, who have votes in the choice of Parliament-men Johnson, Samuel, 1649-1703. 1680 Approx. 28 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A46956 Wing J834 ESTC R2105 12576729 ocm 12576729 63608 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46956) Transcribed from: (Early English Books Online ; image set 63608) Images scanned from microfilm: (Early English books, 1641-1700 ; 962:26) A letter from a freeholder, to the rest of the freeholders of England, and all others, who have votes in the choice of Parliament-men Johnson, Samuel, 1649-1703. 8 p. s.n., [London? : 1689?] Reproduction of original in Huntington Library. Attributed to Samuel Johnson. cf. NUC pre-1956. Caption title. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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THE Power of Parliaments , when they are duly Elected , and rightly Convened , is so very Great , that every man , who has any share in the Choice of them , has the weight of his whole Country lying upon him : For it is possible for my single Vote to determine the Election of that Parliament-Man , whose single Vote in the Parliament-House , may either save or sink the Nation . And therefore it behoves men , who thus dispose both of themselves and their Posterity , and of their whole Country at once , to see that they put all these into safe hands , and to be as well advis'd , as much in earnest , when they chuse Persons to serve in Parliament , as they usually are when they make their last Will and Testament . And if this is to be done at all times , certainly a much greater proportion of Care is to be taken at this Time , when endeavours have been used , not only to forestal the Freedom of Elections , but even the Freedom of Voting in the Parliament-House : and when the Counties of England have been practised upon , to be made Repealers , both within doors and without : They have been Catechised , whether , if they were Parliament-Men , they would Repeal the Penal Laws and Tests ; or , if they were not Chosen themselves , whether they would Chuse such as would . And as for the Boroughs , they have been all of them Sifted to the very Bran : nay , some Persons have been wrought upon to enter into Engagements before-hand , in their Addresses : But , I suppose , those that have been so very forward to promise themselves to serve a Turn , will never be thought worthy to serve in Parliament . And at the same time others have made it their business , to render these Laws very odious to the People , and to hoot them out of the World ; they have been Arraign'd and Condemn'd as Draconicks , as Bloudy and Canibal Laws , as Vngodly Laws , and contrary to the Divine Principle of Liberty of CONSCIENCE , without the common Justice of ever being Heard : For the Preambles of these Laws , which shew the Justice and Equity of them , and the reasonableness both of their Birth and Continuance , have been industriously suppressed . This indeed has been a very bold Adventure , for I am apt to think there is much truth in my Lord Chief Justice Coke's Observation , That never any Subject Wrestled a Fall with the Laws of England , but they always broke his Neck : And therefore , according to the Courtesie of England , I shall wish Friend William Pen , and his Fellow-Gamesters , a good Deliverance . But while they have taken the liberty to say their Pleasure of these Laws , which are now in as full Force as the day they were made , I shall take leave , according to the Duty of a Loyal Subject , ( with whom the Laws of the Land are a Principle , and who must always own the Majesty and Authority of them , till such time as they are lawfully Repealed ) to offer a few words in their behalf , which shall be dictated by nothing but Law , Truth , and Justice ; and if every word that I say , do not appear to be such , I am content to have this whole Paper go for nothing , and be as if it had never been written . And to proceed the more clearly and distinctly , I shall ( 1st ) consider the Penal Laws ( as they are called ) against the Papists , and the two Tests : And ( 2dly ) the Penal Laws against the Dissenters . In the Statute 3 o Iacobi c. 1. which is read every Fifth of November , in our Churches , the Laws made against the Papists in Queen Elizabeth's time , and the Confirmation of them 1 o Iacobi ( against which the great Out-cry is now made , and for the sake of which , they then attempted to blow up both the King and Parliament ) are called Necessary and Religious Laws : And if I prove them to be undoubtedly such , I hope the good People of England will look upon them an hundred times , before they part with them once . First , The Laws against the Papists are Religious Laws ; they are Laws made for the high Honour of GOD , as well as for the common Profit of the Realm , which is the old Title of all our Laws , and is the right End to which all Laws ought to be directed . But why are they called Penal Laws , for have not all Laws a Penalty annexed to them ? Perhaps they mean , that these are Laws which interpose in Matters indifferent , such as is the eating of Flesh on Fridays . But is not Popery Malum in se ? Is Idolatry an Evil only by chance , and by happening to be prohibited ? Is not the Worship of a Wafer God , an Onion God , or a Red-cloth God , an unspeakable Dishonour to the GOD of Heaven , in all places , in every season of the Year , every day of the Week , and all hours of the Day ? Is it not eternally Evil ? The Laws of the Land found Idolatry prohibited to their hands , by the written Law of GOD , and even antecedently to that , it was prohibited by the Law of Nature ; and no Municipal Laws in the World need desire a better Warrant : And therefore to Repeal the Laws made against the Idol of the Mass , Agnus Dei's , Blocks Almighty , and the infinite Idolatry which is interwoven with Popery , is neither more nor less , than to undertake to Repeal the Laws of GOD. 2dly , The Laws made against the Seminary Priests and Romish Missioners , are Religious Laws , because they are made in pursuance of St. Iohn's Precept , 2 Epist. 10. 11. If there come any unto you , and bring not this doctrine , receive him not into your house , neither bid him God-speed : For he that biddeth him God-speed , is partaker of his evil deeds . But do the Seminaries come and bring us the true Doctrine of Christ ? Do they not bring us another Gospel ? As Dr. Sherlock has Unanswerably proved upon them , in the Second Part of his Preservative against POPERY . And therefore as every private man is bound to shut his Doors against these Deceivers and Seducers , by the same reason every Community is bound to expel and drive them out of the Nation . And I think there never were such errant Cheats and Impostors as these are : for they , by their Masses , can fetch Souls out of Purgatory , of their own putting in ; they can forgive Sins , in the Sacrament of Confession ; they can drive away the Devil , with Crosses and Holy Water ; and they can make their God , in the Sacrament . They make a God! they make a Pudding ! Again , 2ly , The Laws against the Papists , are called Necessary Laws , and so they were to the very Being of the Kingdom . In the first of Elizabeth , the Oath of Supremacy was absolutely necessary to throw off the Romish Yoke , and that intollerable Usurpation and Tyranny of the Pope , under which both the Crown and Kingdom were perfect Slaves : And af●●●wards , was it not time to look after the Pope's Chaplains , when they had raised a Rebellion in the North , and he himself had sent a Bull to Depose the Queen , and to Absolve her Subjects from their Allegiance ? I do not mention the continual Minings of the Queen of Scots , in which the Popish Party always joyned with her , and besides , had drawn in several deluded Protestants ; which made a great Jest to the Papists , That Protestants should be so infatuated , as to assist the Queen of Scots to their own Destruction : as is to be seen in Sir Francis Walsingham's Letter , written from Paris , still extant in the Cabala of Letters . In short , it appears by the Preambles of all those Statutes in that Reign , that the Kingdom made every one of them in their own Defence , and to Preserve themselves from Popish Attempts , and that the Nation had utterly perished without them . And then in Kings Iames's time , Did not the Papists digg under the very Pillars of the Kingdom , and make them shake , when they laid so many Barrels of Gunpowder under the Parliament-House ? And was it not high time to tye their hands by the Acts which followed ; by more closely confining them to their Houses , by banishing them ten Miles from London , by disabling them not only from all Offices , but from being in any publick Employment , and by thorowly disarming them , so much as from wearing a Sword. And was it not time , in the late King's Reign , to put new life into the Disabling Acts , by the addition of a Test , when several Papists had gotten the greatest Offices of the Kingdom into their hands ? And then as for the Parliament-Test , that the Papists may not be our Law-givers , besides the perpetual Necessity of such a Law , the Occasion of it is still upon Record both in Mens Minds , and very largely in the Iournal of the House of Lords , and in other inferiour Courts of Record . And if these were all of them Necessary Laws when they were made , they are become ten times more Necessary since : for now Popery has Beset us , and and Hemmed us in on every side . We have an Army of Priests and Jesuites , the true Fore-runners of Antichrist , in the Bowels of the Kingdom ; nay , the Pope himself , who by several Laws is declared to be the publick Enemy of the Kingdom , has arrived some time since in his Nuncio , and is now Compassing the Land in his Four Apostolick Uicars . And therefore to talk of Repealing Laws , when we want the strictest Execution of them , is talk only fit for Bedlam : and that Nation which Repeals Necessary Laws , when it has the greatest Necessity for them , must be concluded to be weary of its own Life , and is Felo de se ! Secondly , I come now to the Penal Laws against the Dissenters , concerning which , I shall say the less , because GOD's time for the Repealing of those Laws is not yet come ; For if they cannot be Repealed in this juncture of time , unless the Dissenters put forth their hands to the setting up of Idolatry , then they cannot be Repealed : and therefore what cannot be now done without manifest Impiety , must even be let alone till it can be done with a good Conscience . As for the good Disposition which is in the Conformists , to Repeal those Laws , with the first Opportunity , that is always to be measured by Actions rather than Words , and therefore I shall give them an Instance of it in the Bill for Repealing the 25th of Elizabeth , which passed both Houses , of a Church of England Parliament , thô the Dissenters lost the Benefit of that Pledge , and Earnest of their Good will , and are not Ignorant which way it was lost . But in the mean time , if our Dissenting Brethren should endeavour to get these Laws Repealed , by parting on their side with the Laws against Popery , then I begg of them to minde the plain English of such Conditions . It is as if the Dissenters should say thus to the Papist : Do you help us to set up Meeting-Houses , and we will do as much for your Mass-Houses : let but the pure Worship of GOD be established without Ceremonies , and we are content , that Idolatry itself shall go share and share like , in the same Establishment : to make a Magna Charta which shall be equal , let CHRIST have his part in it , and Antichrist shall be sure to have his : our business is to receive the Sacrament without Kneeling ; and upon that Condition , we will joyn in the making of Laws , which shall Authorize the Deifying a bit of Bread , the Worshipping of it for a God , the Praying to it , Idolatry , Blasphemy , any thing in the World for them that like it . Now is not this a very fair Speech , and does it not well become the mouths of Protestants ! I would fain press this home upon the Consciences , both of those Dissenters who are hired , and of those who are not hired , to labour the Repeal of our Laws : Do you fear the Informers more than GOD ? Will you , for the sake of your little Conveniencies , do the greatest Evils , which you know to be such ? You know in your very Hearts , that the Worship of Images , Crosses , and of a Wafer , is abominable Idolatry ; that the half Communion is Sacriledge ; and that many other Points of Popery are Blasphemous Fables : And will you set up this for one of your Religions , as by Law established ? Will you do all that hands can do , to entail Idolatry upon the Nation , not only Removendo prohibens , as Divines destinguish , by pulling down the Laws which hinder it , but also Promovendo adjuvans , and by making a perpetual Magna Charta for it ? The Laws and Constitution of a Country do denominate that Country ; if Atheism were here Authorized by Law , this would be an Atheistical Nation ; and if Idolatry be set up by Law , it is an Idolatrous Nation ; and all that have any hand in it , make it the Sin of the Nation , as well as their own . Think therefore of these things in time , before you have involved both yourselves and your Country in a miserable Estate ; and remember poor Francis Spira who went against Light. But , 2ly , there is just as much Prudence as Conscience in these Proceedings ; For by Repealing the Laws against Popery , you Reverse the Outlawry , and take off those legal Disabilities which the Papists now lie under , and which have hitherto tied their hands from Destroying Hereticks . When Papists shall be Right Justices and Sheriffs , and not Counterfeits , when they shall be Probi & legales homines , and pass Muster in Law , when they shall be both our Legal Judges and our Lawful Juries , and when Protestants come to be Tryed by their Country , that is to say , by their Twelve Popish Godfathers , they may easily know what sort of Blessing they are to expect . The Papists want nothing but these Advantages , to make a fair riddance of all Protestants ; for we see by several of their late Pamphlets , that if any thing be said against Popery , they have a great dexterity in laying it Treason . Now this is a civil way of Answering Arguments , for which we are bound to thank them , because it so plainly discovers what they would be at , if it were in their Power . But how comes it to be Treason to speak against a Religion which is itself High Treason , and is Proscribed by so many Laws ? Why , their Medium is this , That Popery is the King's Religion , and therefore , by an Innuendo , what is said against that , is meant against him . But is there any Law of England , that Popery shall be the King's Religion ? Or is it Declared by any Law , that Popery either is , or can be his Religion ? On the other hand , we are enabled by an Act in this very Reign , to Pronounce Popery to be a False Religion , and to Assert the Religion which is now Professed in the Church of England , and Established by the Laws of this Realm , to be the True Christian Religion . Act for Building St. Anne's Church , p. 133. But these Gentlemen it seems are for Hanging men without Law , or against Law , or any how ; and therefore we thank them again , for being thus plain with us before-hand . Now if they be thus Insolent , when they are so very Obnoxious themselves , and have Halters about their own Necks , with what a Rod of Iron will they Rule us , when they are our Masters ! What havock will they then make of the Nation , when we already see Magdalen-Colledge , which was lately a Flourishing Society of Protestants , now made a Den of Iesuites ; and that done too in such a way , as shakes all the PROPERTY in England ? Or who can be safe , after our Laws are Repealed , when Endeavours have been lately used , to extract Sedition even out of Prayers and Tears , and the Bishops Humble Petition was threatned to be made a Treasonable Libel ? But here the Dissenters have a plausible Excuse for themselves : For say they , We have now an opportunity of getting the Laws which are against us Repealed , which is clear Gain ; and as for our refusing to Repeal the Laws against Popery , there is nothing gotten by that , either to us or to any body else ; for they are already as good as Repealed by the Dispensing Power : and therefore such Discourse as this , only advises us to stand in our own light , without doing any good to the Nation at all ; for there will be Popish Justices , Sheriffs , Judges , and Juries , whether we will or no , for whatsoever we refuse to do , the Dispensing Power will supply . To which I Answer , Do you keep your hands off from Repealing the Laws , let who will Contravene or Transgress them , for then you are free from the Bloud of all Men ; you have no share in the Guilt of those Mischiefs which befal your Country , which would , sooner or later , be a heavy Burden , and a dead Weight upon the Conscience of any Protestant . But besides , let the Laws alone , and they will defend both themselves and us too : For if the Law says , That a Papist shall not , nor cannot have an Office , then he shall not nor cannot ; For who can speak Louder than the LAWS ! As for a Dispensing Power , inherent in the King , which can set aside as many of the Laws of the Land as he pleases , and Suspend the Force and Obligation of them , ( which has been lately held forth by many False and Unlawful Pamphlets ) the Dissenters know very well that there is no such thing ; but that no body may pretend Ignorance , I shall here prove , in very few words , That by the Established Laws of the Land , the King cannot have such a Dispensing Power ; unless Dispensing with the Laws , and Executing the Laws be the same thing ; and unless both keeping the Laws himself , and causing them to be kept by all others , be the English of Dispensing with them : For in the Statute of Provisors , 25th Edw. 3. c. 25. we have this laid down for Law , That the King is bound to Execute those Statutes which are Unrepealed , and to cause them to be kept as the Law of the Realm : the words are these , speaking of a Statute made in the time of Edward the First , Which Statute holdeth always his Force , and was never Defeated or Annulled in any point , And by somuch our Soveraign Lord the King is bound by his Oath to do , the same to be kept as the Law of this Realm , although by Sufferance and Negligence it hath since been attempted to the contrary . So that the Coronation Oath , and the Dispensing Power , are here by King Edward the Third , and his Parliament , Declared to be utterly Inconsistent . Now the Coronation Oath is a Fundamental Law of this Kingdom , for it is antecedent to the Oath of Allegiance . Accordingly if you look upon the Coronation Oath in the Parliament Rowl , 1st Hen. 4th , you shall there find , that in the third Branch of it , the King Grants and Promises upon his Oath , That the Laws shall be Kept and Protected by him , secundum Vires suas , to the utmost of his Power ; and therefore he has no Power left him to Dispense withal . By which it appears , that those men are the wretched Enemies both of the King and Kingdom , who would fain perswade the King that he has this Dispensing Power ; because therein they endeavour to perswade him , that Perjury is his Prerogative . Heretofore , in Tresilian's time , some of the Oracles of the Law were consulted , Whether it could stand with the Law of the Kingdom , that the King might Obviate and Withstand the Ordinances concerning the King and the Kingdom , which were made in the last Parliament , by the Peers and Commons of the Realm , with the King's Assent , though ( as the Courtiers said ) forced in that behalf ? And they made Answer , That the King might Annul such Ordinances , and Change them at his pleasure , into a better fashion , because he was above the Laws , Knyghton Col. 2693. Now this was very False Law , as those Judges found afterwards to their Cost ; and it was grounded on the worst Reason that could be : For they must needs know from all their Books , and from the Mirror in particular , p. 282. That the first and Soveraign Abusion of the Law ( that is , the chief Contrariety and Repugnancy to it ) is for the King to be above the Law , whereas he ought to be Subject to it , as is contained in his Oath . Neither could they be ignorant of that Argument which the Peers used , to shew the Absurdity of such a supposition ; it is Recorded in the Annals of Barton , set forth , as I take it , by Mr. Obadiah Walker . Si Rex est supra Legem , tunc est extra Legem ; Num Rex Angliae est Exlex ? If the King be above the Law , then he is without the Law. What! is the King of England an Outlaw ? And as for the words of Bracton , they were too plain either to need a Comment or Translation , Rex habet Superiorem Deum , item Legem per quam factus est Rex , item Curiam suam , scil . Comites & Barones . As likewise those other words of his , Ubi Voluntas Imperat & non Lex , ibi non est Rex : Where he makes it the very Essence of our King , to Govern according to Law. Having therefore shewn , that the Laws are always in full Force till they are Revoked by the same Authority which made them , and that all Persons whatsoever are bound to the Laws , and that the Laws themselves were never in Bondage to any Man ; we know from thence , what we are to conclude , concerning those Papists , who pretend to be in Office , in Defiance to the Laws . We had once a mischievous Distinction of Sheriffs de Iure , and Sheriffs de Facto ; but those , who pretend to be in Office without taking the TEST , are no Officers either in Right or in Fact : for the 25 Car. 2. says , That their Offices are ipso facto , void , and then those Officers are ipso facto , no Officers , and can do us no more hurt than if they were under Ground ; and therefore we need not trouble our Heads about them , though they may in all likelihood fall under the Care and Consideration of a Parliament . After all , some persons may possibly be so far deluded , as to think there is somewhat of Equity in the Toleration of Papists , and that it is the Christian Rule Of doing as one would be done by . Now for any Papist to plead this Rule of Equity himself , or any body else in his behalf , is just as if a High-way-man should thus urge it upon his Judge ; My Lord , if you Hang me , you break the Golden Rule ; for I am sure you are not willing to be so served yourself , nor to Hang with me . Now the Equity of the Judge in this case does not lye , either in forbearing to punish the Offender , or in Hanging with him for Company , but in being Content to submit to the same Law , if he himself should commit the same Crime And so are we willing to lye under all the Penal Laws , whenever we turn Papists : And therefore no body can tax us with want of Equity ; because we do no otherways to the Papists , than we are willing to be done by , in the same case . But it may be said , that our Conscience does not serve us to be Papists , though theirs does . Neither does the Judge's Conscience serve him to Rob , though it seems the High-way-man's did ; and therefore take heed of Liberty of Conscience . Still it may be further Replied , That this is properly a Judicial Cau●● , because Robbery is a breach of the Peace and of Property , and therefore ought to b●●●●●shed : whereas the Worship and Service of God according to a Mans Conscience , 〈◊〉 it be amiss , yet it ought not to be punished by Humane Laws , but is to be reserved to the ●●●●●ment of God alone , who is Lord of Conscience . Now this is the New Doctrine which I shall prove to be False , by positive and ex●●●ss Scripture . For Iob says , Chap. 31. v. 28. That if his Heart had been secretly perswaded , and he had thereupon kissed his Hand to the Sun or Moon , This were an iniquity to be punished by the Iudge , because he had therein Lyed against the God above . So that though a Mans Heart and Conscience lead him to Idolatry , yet Iob tells us , this is Inditable ; it is avon pelili , a Judicial Crime , and as Punishable by Human Laws , as Adultery with another Mans Wife is ; as you have it in the same Phrase in the 11th verse of the same Chapter . The second Instance of a Punishable Conscience in the Service of God , is that which our Saviour gives us , 16 Iohn 2. Yea the time cometh , that whosoever killeth you , will think he doth God Service . Now I would fain 〈◊〉 whether such a Conscience as this ought not to be Restrained and Punished : And whether it be Sacriledge for Human Laws to Controle Conscience , I mean such a one 〈◊〉 Kills and Murders for God's Sake ? And I ask again , whether there be no Consciences of this Stamp now in the World : and whether there has not been an Holy Inquisition , Religious Crusadoes , and Meritorious Massacres to extirpate Hereticks , and abundance of this Divine Service in the Church of Rome ? Whether they have not offered up whole Hecatombs of these Sacrifices in most Countries ? And whether a Neighbouring Prince has not been highly Extolled , and had all his most Christian Titles double Gilt , with the Flatteries of his Clergy , for the late Merit of his Religious Service in this kind ? And therefore if men will do things in order , let them first send for a breed of Irish Wolves , and give them English Liberties ; let them dig down their Walls , and let in the Sea ; let them begin with some of these Preliminaries , before they think of Repealing the Laws against Popery , and of letting loose such Consciences as these upon us . To conclude therefore , It highly concerns you , in the Choice of Parliament-men , to decline all those men , who are willing to Consent to so Great and so Fatal a Revolution , as the Repeal of so many Laws at once ; which would plainly expose the Protestant Religion to be Swallowed up . You want men like their Ancestors , who had the Courage and Resolution to declare in Parliament , Nolumus Leges Angliae mutari ; We will not have the Laws of England Altered . Chuse such as will not betray the Great Trust you repose in them . The Writ for Elections says , That you Impower your Representatives ; Tell them therefore for what you Impower them ; for the Maintenance and Preservation of the Protestant Religion , and of our good Laws , and not for their Destruction . And when you have done this , and taken all the care you can , you have done your Duties : And I have nothing more to add , but , God Speed your Elections . FINIS . Notes, typically marginal, from the original text Notes for div A46956-e10 11. R. ● .