A Brief enquiry into the ancient constitution and government of England as well in respect of the administration, as succession thereof ... / by a true lover of his country.
      
       
         
           1695
        
      
       Approx. 138 KB of XML-encoded text transcribed from 60 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2003-07 (EEBO-TCP Phase 1).
         A64086
         Wing T3584
         ESTC R21382
         12180114
         ocm 12180114
         55608
         
           
            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. A64086)
         Transcribed from: (Early English Books Online ; image set 55608)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 901:55)
      
       
         
           
             A Brief enquiry into the ancient constitution and government of England as well in respect of the administration, as succession thereof ... / by a true lover of his country.
             Tyrrell, James, 1642-1718.
          
           [10], 101, [7] p.
           
             Printed for Richard Baldwin ...,
             London :
             1695.
          
           
             Reproduction of original in Huntington Library.
             Advertisement: p. [2]-[7] at end.
             Attributed to James Tyrrell. cf. Wing.
          
        
      
    
     
       
         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.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Divine right of kings.
           Great Britain -- Constitutional law.
        
      
    
     
        2003-02 TCP
        Assigned for keying and markup
      
        2003-03 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2003-04 Rina Kor
        Sampled and proofread
      
        2003-04 Rina Kor
        Text and markup reviewed and edited
      
        2003-06 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           A
           BRIEF
           ENQUIRY
           INTO
           THE
           Ancient
           CONSTITUTION
           AND
           Government
           of
           England
           .
        
         
           As
           well
           in
           respect
           of
           the
           Administration
           ,
           as
           Succession
           thereof
           .
        
         
           
             Set
             forth
             by
             way
             of
             Dialogue
             ,
             and
             fitted
             for
             Men
             of
             Ordinary
             Learning
             and
             Capacities
             .
          
        
         
           
             By
             a
             True
             Lover
             of
             his
             Country
             .
          
        
         
           LONDON
           :
           Printed
           for
           
             Richard
             Baldwin
          
           near
           the
           Oxford-Arms
           in
           Warwick-Lane
           .
           1695.
           
        
      
       
         
         
         
           THE
           Publisher's
           PREFACE
           TO
           THE
           READER
           .
        
         
           
             THERE
             being
             many
             Treatises
             already
             Publish'd
             upon
             the
             Subjects
             handled
             in
             this
             ensuing
             Discourse
             ,
             you
             may
             think
             it
             needless
             to
             trouble
             the
             World
             with
             more
             of
             this
             kind
             ;
             but
             those
             who
             think
             so
             ,
             may
             be
             of
             another
             Opinion
             when
             they
             have
             considered
             ,
             not
             only
             the
             Design
             of
             this
             Treatise
             ,
             which
             is
             to
             Abridge
             into
             a
             small
             Manual
             what
             others
             have
             writ
             in
             many
             Volumes
             ;
             but
             also
             the
             manner
             of
             handling
             the
             Matters
             herein
             treated
             of
             ,
             which
             you
             will
             find
             to
             differ
             very
             much
             from
             most
             of
          
           
           
             the
             Books
             written
             before
             upon
             this
             Subject
             :
             some
             Writers
             having
             screwed
             up
             the
             King's
             Prerogative
             to
             so
             extravagant
             a
             height
             ,
             as
             to
             place
             the
             whole
             Essential
             Frame
             of
             the
             Government
             in
             the
             King
             's
             Sole
             Will
             and
             Pleasure
             ,
             not
             considering
             the
             Fundamental
             Rights
             and
             Liberties
             of
             a
             Free-born
             Nation
             ,
             more
             than
             as
             the
             forced
             Concessions
             of
             some
             Weak
             Princes
             ,
             not
             otherwise
             able
             to
             appease
             an
             Angry
             People
             ;
             and
             which
             they
             may
             therefore
             contract
             ,
             or
             wholy
             abrogate
             ,
             as
             their
             Power
             or
             Opportunities
             may
             either
             dictate
             ,
             or
             permit
             .
          
        
         
           
             Whilst
             on
             the
             other
             side
             ,
             there
             are
             some
             who
             have
             too
             much
             debased
             the
             Royal
             Prenogative
             ,
             by
             placing
             all
             Power
             immediately
             in
             the
             People
             ,
             and
             supposing
             the
             King
             accountable
             to
             their
             Representatives
             for
             every
             small
             Miscarriage
             in
             Government
             .
             There
             is
             without
             doubt
             an
             Error
             in
             both
             these
             Extremes
             ;
             since
             as
             the
             King
             can
             have
             no
             Prerogative
             which
             is
             inconsistent
             with
             the
             Ancient
             Rights
             and
             Liberties
             of
             the
             Subject
             ,
             set
             down
             in
          
           Magna
           Charta
           ,
           
             and
             other
             Ancient
             Statutes
             ,
             which
             were
          
           
           
             only
             declarative
             of
             the
             Common
             Law
             of
          
           England
           ;
           
             So
             likewise
             ,
             if
             the
             King
             be
             the
             Supreme
             Magistrate
             of
             the
             Nation
             ,
             he
             cannot
             without
             a
             Soloecism
             in
             Government
             ,
             be
             rendred
             accountable
             to
             any
             Power
             superior
             to
             his
             own
             ;
             these
             things
             considered
             ,
             hath
             induced
             the
             Author
             to
             chuse
             a
             middle
             ,
             and
             more
             moderate
             Course
             ,
             by
             preserving
             to
             the
             King
             all
             such
             Prerogatives
             as
             are
             inseparable
             from
             the
             Supreme
             Executive
             Power
             ,
             and
             which
             are
             necessary
             for
             the
             Common
             Safety
             ;
             yet
             ,
             without
             leaving
             the
             King
             absolutely
             irresistible
             in
             all
             Cases
             whatsoever
             ,
             and
             without
             a
             supposed
             impossibility
             of
             his
             falling
             from
             his
             Royal
             Dignity
             ,
             in
             case
             of
             the
             highest
             Breaches
             of
             his
             Coronation
             Oath
             ,
             and
             the
             utmost
             Violations
             of
             that
          
           Usual
           and
           Ancient
           Contract
           ,
           
             which
             his
             Predecessors
             have
             so
             often
             renewed
             with
             the
             People
             of
             this
             Nation
             ,
             upon
             their
             Succession
             to
             the
             Throne
             .
          
        
         
           
             For
             the
             proving
             of
             which
             the
             Author
             hath
             made
             use
             of
             the
             best
             Authorities
             he
             could
             collect
             either
             from
             our
             ancient
             Histories
             ,
             Records
             ,
             or
             Law-Books
             ,
          
           
           
             beginning
             with
             the
             Grounds
             and
             Institution
             of
             Civil
             Government
             in
             general
             ,
             and
             ending
             with
             that
             of
          
           England
           
             in
             particular
             .
             And
             though
             he
             hath
             so
             far
             adapted
             this
             Discourse
             for
             men
             of
             ordinary
             Learning
             and
             Capacities
             ,
             as
             not
             to
             stuff
             the
             Margin
             with
             many
             Quotations
             ;
             yet
             he
             hath
             not
             fail'd
             to
             put
             them
             down
             ,
             where-ever
             the
             Niceness
             or
             Uncommonness
             of
             the
             Subject
             might
             otherwise
             chance
             to
             shock
             the
             Understandings
             of
             Readers
             not
             thoroughly
             vers'd
             in
             things
             of
             this
             Nature
             :
             Not
             but
             that
             the
             Author
             is
             very
             well
             satisfied
             ,
             that
             even
             where
             no
             Authorities
             are
             expresly
             cited
             ,
             he
             is
             able
             to
             maintain
             what
             he
             there
             lays
             down
             by
             Arguments
             drawn
             from
             Law
             ,
             as
             well
             as
             Reason
             ,
             if
             any
             man
             shall
             think
             it
             worth
             while
             to
             call
             it
             in
             question
             ;
             but
             if
             he
             requires
             larger
             and
             fuller
             Proofs
             on
             this
             Subject
             ,
             he
             may
             ,
             if
             he
             pleases
             ,
             first
             consult
             the
             last
             Eight
             Dialogues
             of
             a
             late
             Treatise
             ,
             called
             ,
          
           Bibliotheca
           Politica
           ;
           
             as
             also
             Mr.
          
           Atwood
           '
           
             s
             Learned
             Treatise
          
           concerning
           the
           Antiquity
           and
           Justice
           of
           an
           Oath
           of
           Abjuration
           .
           
             And
             I
          
           
           
             hope
             he
             may
             thence
             receive
             sufficient
             satisfaction
             ,
             that
             the
             Principles
             here
             laid
             down
             ,
             are
             founded
             not
             only
             upon
             right
             Reason
             ,
             but
             the
             ancient
             Constitution
             of
             the
          
           English
           Government
           .
        
         
           This
           may
           suffice
           for
           the
           manner
           of
           handling
           this
           Argument
           .
           But
           now
           to
           say
           somewhat
           more
           of
           the
           ends
           of
           publishing
           this
           Discourse
           ,
           and
           they
           are
           these
           :
           First
           ,
           to
           make
           every
           man
           (
           though
           of
           never
           so
           common
           a
           Capacity
           )
           understand
           (
           as
           well
           as
           the
           Author
           is
           able
           to
           perform
           it
           )
           what
           is
           the
           true
           ,
           ancient
           ,
           and
           legal
           Government
           of
           this
           Kingdom
           .
           2dly
           ,
           What
           are
           the
           main
           and
           most
           considerable
           Prerogatives
           of
           the
           Crown
           .
           And
           lastly
           ,
           What
           are
           the
           fundamental
           Rights
           and
           Liberties
           of
           the
           People
           .
           And
           that
           these
           are
           so
           far
           from
           being
           contradictory
           or
           inconsistent
           ,
           that
           they
           rather
           serve
           to
           defend
           and
           strengthen
           each
           other
           ;
           so
           that
           it
           hath
           been
           for
           the
           defence
           and
           preservation
           of
           all
           these
           ,
           that
           this
           wonderful
           and
           happy
           Revolution
           hath
           been
           brought
           about
           ,
           and
           Their
           Present
           Majesties
           placed
           upon
           the
           Throne
           ;
           as
           also
           to
           convince
           
           those
           who
           traduce
           by
           the
           Nick-names
           of
           Whigs
           ,
           and
           Commonwealths-men
           ,
           those
           that
           have
           been
           in
           the
           worst
           of
           times
           the
           only
           true
           Assertors
           of
           this
           ancient
           limited
           Monarchy
           ;
           so
           that
           if
           they
           plead
           for
           Resistance
           in
           some
           Cases
           ,
           it
           is
           only
           in
           those
           of
           utmost
           and
           absolute
           necessity
           ,
           and
           in
           order
           to
           preserve
           the
           Original
           Constitution
           ,
           and
           to
           prevent
           the
           Head
           of
           the
           Legislative
           Power
           from
           devouring
           the
           Body
           :
           nor
           can
           they
           have
           any
           other
           Notions
           of
           Loyalty
           ,
           but
           their
           Obedience
           to
           the
           Government
           establisht
           ,
           and
           exercised
           according
           to
           Law
           ,
           as
           the
           ancient
           Sense
           ,
           as
           well
           as
           Etymology
           of
           that
           word
           imports
           .
        
         
           To
           conclude
           ,
           Whosoever
           shall
           think
           fit
           to
           bestow
           a
           little
           money
           to
           buy
           ,
           and
           time
           to
           peruse
           this
           small
           Treatise
           ,
           the
           Publisher
           hopes
           he
           will
           find
           the
           design
           to
           be
           truly
           English
           ,
           that
           is
           ,
           sincere
           and
           honest
           ,
           that
           all
           good
           Subjects
           may
           know
           
             how
             to
             render
             to
          
           Caesar
           
             the
             things
             that
             are
          
           Caesars
           ,
           
             and
             to
             God
             the
             things
             that
             are
             Gods
             ,
          
           without
           blindly
           sacrificing
           (
           under
           the
           will-worship
           
           of
           a
           pretended
           Loyalty
           )
           the
           Religion
           ,
           Civil
           Liberties
           and
           Properties
           of
           their
           Country
           to
           
           Caesar's
           Will
           ,
           as
           some
           of
           late
           Years
           have
           done
           ,
           who
           made
           these
           the
           darling
           (
           because
           most
           gainful
           )
           Doctrines
           as
           well
           of
           the
           Pulpit
           ,
           as
           the
           Bar
           and
           the
           Press
           .
        
      
    
     
       
         
         
         
           A
           BRIEF
           ENQUIRY
           INTO
           THE
           Ancient
           Constitution
           and
           Government
           of
           England
           ,
           ctc.
           
        
         
           In
           a
           Dialogue
           between
           a
           
             Justice
             of
             Peace
          
           ,
           and
           an
           Understanding
           Freeholder
           .
        
         
           
             I.
             
          
           
             GOOD
             Morrow
             Neighbour
             ;
             What
             brings
             you
             hither
             so
             early
             ?
             If
             you
             want
             a
             Warrant
             ,
             I
             'll
             call
             my
             Clerk
             ,
             and
             then
             hear
             your
             Business
             .
          
        
         
           
             F.
             
          
           
             No
             ,
             I
             assure
             your
             Worship
             ,
             the
             Business
             I
             come
             about
             is
             of
             greater
             concern
             ,
             and
             that
             no
             less
             than
             the
             Rights
             and
             Liberties
             of
             the
             Subject
             ,
             as
             well
             as
             the
             Power
             and
             Prerogative
             of
             our
             Kings
             ;
             which
             though
             I
             heard
             you
             .
             Treat
             of
             in
             your
             late
             Charge
             to
             the
             Grand
             Jury
             last
             Quarter-Sessions
             ,
             yet
             since
             I
             could
             not
             come
             near
             enough
             to
             hear
             it
             distinctly
             ,
             not
             being
             of
             
             that
             Jury
             my self
             ,
             pray
             give
             me
             the
             substance
             of
             that
             Discourse
             ;
             and
             I
             the
             rather
             desire
             it
             ,
             because
             I
             have
             since
             heard
             it
             much
             censured
             by
             some
             of
             our
             Neighbours
             as
             savouring
             of
             Commonwealth
             Principles
             :
             But
             to
             save
             you
             the
             labour
             of
             a
             needless
             repetition
             ,
             I
             will
             ask
             you
             those
             Questions
             which
             I
             desire
             most
             to
             be
             satisfied
             in
             .
          
        
         
           
             I.
             
          
           
             Pray
             use
             your
             discretion
             ,
             and
             begin
             when
             you
             please
             ;
             I
             will
             do
             my
             endeavour
             to
             satisfie
             you
             as
             well
             as
             I
             can
             ,
             though
             without
             putting
             my self
             to
             the
             trouble
             of
             quoting
             many
             Authors
             ,
             which
             perhaps
             you
             never
             heard
             of
             ;
             and
             therefore
             pray
             believe
             ,
             that
             whatever
             I
             shall
             tell
             you
             ,
             I
             have
             not
             only
             Reason
             ,
             but
             Authorities
             also
             for
             what
             I
             then
             said
             .
          
        
         
           
             F.
             
          
           
             I
             have
             no
             cause
             to
             doubt
             what
             you
             say
             ;
             therefore
             ,
             pray
             Sir
             ,
             in
             the
             first
             place
             tell
             me
             ,
             what
             you
             then
             said
             about
             the
             Natural
             state
             of
             Mankind
             as
             to
             Civil
             Liberty
             :
             Pray
             Sir
             ,
             what
             think
             you
             ,
             Were
             men
             at
             first
             Born
             Subjects
             ,
             or
             did
             they
             become
             so
             by
             some
             Human
             means
             ?
          
        
         
           
             I.
             
          
           
             As
             to
             this
             ,
             Adam
             (
             for
             example
             )
             being
             the
             First
             man
             ,
             could
             not
             ,
             as
             a
             Husband
             to
             Eve
             ,
             or
             as
             a
             a
             Father
             to
             
               Cain
               ,
               Abel
            
             ,
             and
             the
             rest
             of
             his
             Children
             ,
             be
             an
             Absolute
             Lord
             or
             Monarch
             over
             them
             :
             His
             Power
             ,
             as
             that
             of
             all
             other
             Fathers
             of
             Families
             ,
             not
             being
             a
             Civil
             Power
             ,
             but
             that
             of
             a
             Husband
             ,
             or
             Father
             ,
             only
             for
             the
             direction
             of
             his
             
             Wife
             in
             all
             things
             relating
             to
             the
             affairs
             of
             the
             Family
             ;
             and
             over
             his
             Children
             in
             order
             to
             their
             good
             Education
             in
             the
             Fear
             of
             God
             ,
             and
             for
             their
             Maintenance
             whilst
             they
             continued
             Members
             of
             it
             ;
             so
             that
             Subjection
             to
             Government
             could
             never
             begin
             from
             mens
             being
             born
             Servants
             ,
             or
             Subjects
             ,
             as
             some
             will
             have
             it
             .
          
        
         
           
             F.
             
          
           
             Pray
             then
             tell
             me
             ,
             Sir
             ,
             what
             is
             Civil
             Government
             ?
          
        
         
           
             I.
             
          
           
             I
             think
             Civil
             Government
             is
             God's
             Ordinance
             ,
             which
             he
             has
             ordained
             for
             the
             Good
             and
             Happiness
             of
             Mankind
             ,
             to
             preserve
             men
             from
             the
             Violence
             both
             of
             Foreign
             and
             Domestick
             Enemies
             ,
             since
             the
             nature
             of
             man
             depraved
             by
             the
             Fall
             of
             Adam
             is
             too
             apt
             otherwise
             to
             fall
             into
             all
             manner
             of
             mischiefs
             and
             enormities
             ,
             as
             well
             towards
             himself
             as
             others
             .
          
        
         
           
             F.
             
          
           
             How
             then
             did
             it
             begin
             ?
             Was
             it
             by
             any
             Divine
             Precept
             ,
             or
             else
             by
             the
             Consent
             of
             many
             men
             who
             had
             found
             the
             Inconveniencies
             of
             living
             without
             it
             ?
          
        
         
           
             I.
             
          
           
             Before
             the
             Flood
             there
             is
             no
             mention
             in
             Scripture
             of
             any
             sort
             of
             Civil
             Government
             ,
             or
             any
             Precept
             left
             for
             it
             ;
             the
             first
             that
             seems
             to
             prescribe
             it
             ,
             being
             after
             the
             Flood
             ,
             when
             God
             gave
             Noab
             that
             positive
             Precept
             ,
             Gen.
             9.
             6.
             
             
               That
               whoso
               sheddeth
               man's
               blood
               ,
               by
               man
               shall
               his
               blood
               be
               shed
            
             ;
             whence
             Divines
             argue
             a
             necessity
             of
             Magistrates
             for
             putting
             this
             Law
             in
             execution
             ;
             but
             who
             
             were
             to
             appoint
             them
             ,
             the
             Scripture
             is
             wholly
             silent
             ;
             and
             though
             indeed
             there
             is
             mention
             made
             of
             Kings
             in
             Genesis
             very
             early
             in
             the
             world
             ,
             yet
             is
             it
             not
             there
             told
             us
             how
             those
             Kings
             were
             made
             ;
             therefore
             it
             is
             most
             reasonable
             to
             suppose
             ,
             that
             they
             either
             at
             first
             began
             by
             the
             tacit
             Consent
             or
             Election
             of
             the
             Masters
             of
             Families
             ,
             and
             other
             Freemen
             of
             the
             same
             Lineage
             ,
             or
             Nation
             ;
             or
             else
             by
             Conquest
             of
             other
             Nations
             by
             force
             of
             Arms.
             
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             is
             there
             not
             an
             account
             given
             us
             in
             Scripture
             of
             Judges
             and
             Kings
             made
             by
             God's
             own
             Appointment
             among
             the
             Iews
             ?
          
        
         
           
             I.
             
          
           
             Yes
             ;
             but
             that
             concerned
             no
             other
             Nation
             but
             them
             ;
             who
             are
             the
             only
             People
             ,
             that
             I
             know
             of
             ,
             that
             had
             a
             Civil
             Government
             ,
             as
             well
             as
             Divine
             Law
             ,
             from
             God's
             own
             Appointment
             .
          
        
         
           
             F.
             
          
           
             But
             ,
             Sir
             ,
             did
             not
             God's
             thus
             giving
             the
             Iews
             Kings
             ,
             or
             Persons
             at
             least
             endued
             with
             Kingly
             Power
             ,
             (
             though
             not
             under
             that
             Title
             )
             render
             Monarchy
             to
             be
             of
             Divine
             Right
             ,
             so
             as
             that
             all
             other
             Nations
             are
             thereby
             obliged
             to
             have
             no
             other
             Government
             but
             that
             ?
          
        
         
           
             I.
             
          
           
             No
             sure
             ,
             not
             at
             all
             ;
             for
             till
             the
             time
             of
             Saul
             they
             had
             no
             visible
             King
             over
             them
             ;
             God
             himself
             was
             their
             King
             ,
             and
             those
             that
             Governed
             under
             him
             could
             do
             nothing
             of
             moment
             without
             his
             express
             Command
             ;
             
             and
             where
             that
             did
             not
             interpose
             ,
             the
             Government
             was
             by
             Moses
             and
             a
             Senate
             of
             Seventy
             Elders
             ,
             and
             also
             by
             the
             Heads
             or
             Princes
             of
             the
             several
             Tribes
             as
             Subordinate
             to
             them
             ;
             and
             after
             his
             Decease
             ,
             by
             Ioshua
             and
             the
             other
             Judges
             whom
             God
             raised
             up
             ;
             who
             if
             they
             had
             been
             Kings
             in
             Power
             ,
             but
             not
             in
             Title
             ,
             it
             would
             have
             been
             in
             vain
             for
             the
             Israelites
             to
             have
             desired
             a
             King
             to
             be
             like
             other
             Nations
             ;
             and
             you
             see
             when
             they
             desired
             such
             a
             King
             ,
             God
             was
             angry
             with
             them
             ,
             as
             if
             they
             had
             rejected
             himself
             ;
             so
             that
             there
             is
             no
             other
             consequence
             to
             be
             drawn
             from
             all
             these
             Examples
             ,
             but
             that
             Kingly
             Government
             is
             the
             most
             Antient
             ,
             and
             may
             also
             be
             the
             best
             ,
             if
             kept
             within
             due
             limits
             .
          
        
         
           
             F.
             
          
           
             Pray
             whence
             then
             do
             Kings
             now-a-days
             derive
             their
             Power
             ,
             (
             since
             God
             hath
             long
             since
             left
             off
             making
             any
             Kings
             by
             Divine
             Precept
             )
             ?
             Whether
             is
             it
             from
             God
             ,
             or
             from
             the
             People
             ?
          
        
         
           
             I.
             
          
           
             I
             told
             you
             before
             ,
             that
             all
             Power
             is
             from
             God
             ,
             and
             consequently
             Kingly
             Power
             must
             be
             so
             too
             ;
             yet
             this
             is
             so
             to
             be
             understood
             ,
             that
             this
             Power
             cannot
             Rightfully
             be
             acquired
             without
             the
             People's
             Consent
             ;
             I
             mean
             all
             those
             who
             being
             Master's
             of
             Families
             ,
             and
             Free-men
             at
             their
             own
             dispose
             ,
             had
             at
             first
             a
             Power
             of
             setting
             up
             what
             sort
             of
             Government
             they
             pleased
             ;
             and
             hence
             it
             is
             that
             we
             find
             so
             many
             sorts
             of
             Governments
             
             in
             the
             world
             ;
             as
             for
             example
             ,
             Monarchy
             ,
             which
             is
             either
             Absolute
             ,
             as
             in
             France
             and
             Turkey
             ;
             or
             Limited
             ,
             as
             in
             England
             ,
             and
             as
             it
             was
             not
             long
             since
             in
             all
             the
             Northern
             Kingdoms
             of
             Europe
             ;
             or
             else
             Aristocracy
             ,
             that
             is
             ,
             the
             Government
             of
             the
             best
             sort
             ,
             or
             Nobility
             ;
             or
             else
             Democracy
             ,
             where
             the
             Common
             People
             Govern
             alone
             ,
             or
             else
             have
             the
             predominant
             Power
             .
             But
             all
             these
             ,
             as
             they
             derive
             their
             Power
             from
             God
             ,
             are
             alike
             ordained
             by
             him
             ;
             though
             in
             respect
             also
             of
             men
             ,
             who
             first
             found
             out
             and
             instituted
             these
             several
             Governments
             ,
             they
             are
             also
             called
             by
             St.
             
               Peter
               ,
               the
               ordinance
               of
               men
               ,
            
             or
             
               a
               human
               creature
            
             ,
             as
             the
             Original
             words
             it
             .
          
        
         
           
             F.
             
          
           
             But
             do
             we
             not
             also
             find
             in
             Scripture
             ,
             that
             most
             of
             the
             great
             Kingdoms
             or
             Monarchies
             of
             the
             world
             have
             began
             from
             Conquest
             ?
             Does
             not
             therefore
             Conquest
             of
             a
             Nation
             by
             Arms
             give
             the
             Conqueror
             a
             Power
             from
             God
             to
             Rule
             over
             that
             People
             without
             their
             Consents
             ?
          
        
         
           
             I.
             
          
           
             I
             will
             not
             dispute
             what
             Authority
             the
             
               Babylonian
               ,
               Persian
               ,
               Macedonian
            
             ,
             and
             Roman
             Monarchies
             might
             have
             over
             those
             Nations
             they
             conquered
             ,
             by
             a
             particular
             Donation
             from
             God
             ,
             who
             had
             long
             before
             foretold
             those
             Monarchies
             by
             Daniel
             ,
             and
             the
             other
             Prophets
             ;
             and
             as
             for
             the
             first
             of
             these
             Empires
             ,
             the
             Iews
             are
             particularly
             Commanded
             by
             the
             Prophet
             Ieremiah
             ,
             to
             serve
             the
             
             King
             of
             Babylon
             ;
             the
             like
             is
             foretold
             by
             Isaiah
             of
             Cyrus
             ;
             yet
             for
             all
             this
             ,
             I
             think
             no
             other
             Conquerors
             can
             pretend
             to
             the
             like
             Right
             over
             any
             Nation
             at
             this
             day
             ;
             since
             all
             Conquest
             is
             either
             by
             a
             just
             ,
             or
             an
             unjust
             War
             ;
             that
             the
             latter
             can
             give
             no
             right
             at
             all
             to
             the
             Conqueror
             ,
             all
             Writers
             agree
             ;
             and
             that
             even
             the
             former
             can
             give
             no
             right
             without
             the
             Peoples
             consent
             ,
             either
             tacit
             or
             exprest
             ,
             seems
             also
             as
             certain
             ,
             since
             in
             respect
             of
             them
             who
             are
             not
             capable
             Judges
             of
             the
             right
             or
             wrong
             of
             the
             Quarrel
             ,
             it
             can
             lay
             no
             obligation
             of
             Obedience
             ,
             farther
             than
             they
             please
             by
             some
             act
             of
             their
             own
             to
             acknowledge
             the
             Conqueror
             for
             their
             Lawful
             Prince
             ;
             which
             being
             once
             done
             voluntarily
             ,
             is
             all
             one
             in
             respect
             of
             themselves
             ,
             as
             if
             it
             were
             by
             their
             Election
             ,
             or
             that
             of
             their
             lawful
             Representatives
             :
             Nor
             could
             the
             first
             Conqueror
             (
             mighty
             Nimrod
             ,
             for
             example
             )
             ever
             conquer
             the
             neighbouring
             Nations
             by
             the
             sole
             assistance
             of
             his
             own
             Children
             and
             Servants
             ,
             without
             the
             conjunction
             of
             other
             Fathers
             of
             Families
             ,
             and
             Freemen
             ,
             who
             't
             is
             most
             likely
             followed
             him
             for
             a
             share
             of
             the
             Spoil
             ,
             and
             upon
             certain
             Conditions
             agreed
             upon
             between
             them
             ;
             for
             the
             like
             we
             find
             of
             all
             other
             Conquerors
             in
             Ancient
             as
             well
             as
             Modern
             Histories
             .
          
        
         
           
             F.
             
          
           
             But
             pray
             shew
             me
             ,
             Sir
             ,
             how
             this
             can
             be
             ,
             since
             most
             Nations
             have
             been
             conquer'd
             at
             some
             time
             or
             other
             ;
             but
             few
             of
             them
             
             have
             given
             their
             Consents
             (
             as
             I
             know
             of
             )
             either
             in
             a
             whole
             Assembly
             of
             all
             that
             Nation
             ,
             or
             else
             by
             their
             lawful
             Representatives
             ,
             as
             we
             do
             in
             England
             .
          
        
         
           
             I.
             
          
           
             'T
             is
             true
             ,
             they
             have
             not
             given
             their
             Consents
             all
             at
             once
             ,
             but
             singly
             ,
             and
             one
             by
             one
             ,
             they
             have
             done
             ,
             and
             constantly
             do
             it
             every
             day
             in
             Towns
             and
             Countries
             that
             pass
             from
             one
             King
             to
             another
             by
             Conquest
             ;
             for
             it
             is
             certain
             that
             all
             such
             Subjects
             as
             do
             not
             like
             the
             Religion
             or
             Government
             of
             the
             Conquering
             Prince
             or
             Commonwealth
             ,
             may
             lawfully
             retire
             out
             of
             the
             conquer'd
             City
             or
             Countrey
             ,
             and
             carry
             their
             Estates
             with
             them
             ,
             or
             else
             sell
             their
             Lands
             ,
             and
             carry
             away
             the
             Money
             if
             they
             can
             ,
             without
             any
             crime
             ;
             so
             that
             it
             is
             apparent
             it
             is
             only
             from
             the
             Acknowledgment
             or
             Recognition
             of
             each
             particular
             Person
             who
             stays
             there
             ,
             that
             this
             Conqueror
             comes
             to
             have
             any
             Right
             to
             the
             Subjects
             Allegiance
             .
          
        
         
           
             F.
             
          
           
             Pray
             how
             is
             this
             Consent
             or
             Acknowledgment
             given
             ,
             since
             Oaths
             of
             Allegiance
             (
             as
             I
             am
             inform'd
             )
             are
             not
             exacted
             in
             all
             places
             of
             the
             world
             where
             Conquests
             are
             made
             ?
          
        
         
           
             I.
             
          
           
             I
             grant
             it
             ;
             but
             where
             they
             are
             not
             so
             imposed
             nor
             taken
             ,
             the
             persons
             that
             have
             not
             sworn
             to
             this
             new
             Government
             ,
             can
             never
             be
             oblig'd
             to
             an
             Active
             Obedience
             ,
             or
             to
             fight
             for
             ,
             or
             serve
             the
             Conquering
             Prince
             ,
             against
             perhaps
             their
             former
             lawful
             Sovereign
             ;
             
             yet
             I
             think
             thus
             much
             I
             may
             justly
             maintain
             ,
             That
             whatever
             Prince
             ,
             be
             he
             a
             Conqueror
             ,
             or
             Usurper
             (
             who
             is
             much
             the
             same
             thing
             in
             respect
             of
             the
             Subjects
             )
             who
             shall
             take
             upon
             him
             to
             administer
             the
             Civil
             Government
             ,
             by
             protecting
             the
             conquer'd
             people
             ,
             punishing
             Malefactors
             ,
             and
             doing
             equal
             Justice
             by
             himself
             or
             his
             Judges
             between
             man
             and
             man
             ;
             whosoever
             of
             this
             conquer'd
             people
             will
             continue
             in
             that
             City
             or
             Countrey
             ,
             and
             receive
             his
             Protection
             ,
             and
             enjoy
             all
             the
             other
             Rights
             of
             other
             Subjects
             ,
             is
             so
             far
             obliged
             by
             virtue
             of
             that
             Protection
             he
             receives
             ,
             as
             to
             yield
             a
             Passive
             Submission
             to
             all
             the
             Laws
             that
             such
             a
             Conqueror
             shall
             make
             ,
             and
             not
             to
             conspire
             against
             ,
             or
             disturb
             his
             Government
             by
             Plots
             or
             Rebellions
             .
             But
             indeed
             this
             tacit
             Consent
             or
             Acknowledgment
             of
             the
             Conqueror's
             Authority
             ,
             because
             not
             given
             by
             the
             People
             at
             once
             ,
             makes
             many
             men
             believe
             that
             their
             Consent
             is
             not
             at
             all
             necessary
             to
             make
             a
             Conqueror's
             Power
             obligatory
             as
             to
             them
             ;
             not
             but
             that
             I
             do
             acknowledge
             that
             Oaths
             of
             Allegiance
             are
             of
             great
             use
             in
             any
             Kingdom
             or
             Common-wealth
             ,
             to
             bind
             men
             to
             a
             stricter
             Observance
             of
             their
             Duty
             ,
             and
             also
             to
             an
             Active
             Obedience
             to
             all
             their
             Conqueror's
             lawful
             Commands
             ,
             even
             to
             venturing
             their
             Lives
             for
             the
             Government
             ,
             since
             it
             is
             for
             the
             Publick
             Good
             of
             the
             Community
             ,
             if
             they
             are
             so
             required
             .
          
        
         
           
           
             F.
             
          
           
             I
             am
             well
             enough
             satisfied
             as
             to
             the
             Original
             of
             Government
             ,
             and
             the
             Right
             that
             all
             Kings
             and
             Commonwealths
             have
             to
             their
             Subjects
             Allegiance
             ,
             whether
             they
             began
             at
             first
             by
             the
             express
             Consent
             or
             Election
             of
             the
             People
             ,
             or
             else
             by
             Conquest
             and
             their
             subsequent
             Consents
             ;
             but
             pray
             satisfy
             me
             in
             the
             next
             place
             concerning
             the
             Government
             of
             England
             ;
             you
             said
             it
             was
             a
             Limited
             Monarchy
             ,
             and
             I
             have
             never
             heard
             that
             questioned
             ;
             but
             how
             did
             this
             Limitation
             begin
             ?
             whether
             from
             the
             very
             first
             Institution
             of
             the
             Government
             ,
             or
             else
             by
             the
             gracious
             Concessions
             of
             our
             Kings
             ?
          
        
         
           
             I.
             
          
           
             Without
             doubt
             ,
             Neighbour
             ,
             from
             the
             very
             Institution
             of
             the
             Government
             ;
             for
             our
             first
             
               English
               Saxon
            
             Kings
             were
             made
             so
             by
             Election
             of
             the
             People
             ,
             in
             their
             great
             Councils
             ,
             or
             Parliaments
             (
             as
             we
             now
             call
             them
             )
             and
             could
             do
             nothing
             considerable
             either
             as
             to
             Peace
             or
             War
             without
             its
             Consent
             ;
             and
             this
             Council
             was
             to
             meet
             of
             course
             once
             a
             year
             ,
             without
             any
             Summons
             from
             the
             King
             ,
             and
             oftner
             by
             his
             Summons
             ,
             if
             there
             was
             any
             occasion
             for
             it
             ;
             and
             it
             is
             certain
             that
             the
             Freemen
             of
             England
             have
             always
             from
             beyond
             all
             times
             of
             memory
             enjoyed
             the
             same
             Fundamental
             Rights
             and
             Privileges
             (
             I
             mean
             in
             substance
             )
             that
             they
             do
             at
             this
             day
             .
          
        
         
           
             F.
             
          
           
             Pray
             ,
             Sir
             ,
             what
             are
             those
             Fundamental
             Rights
             and
             Privileges
             that
             you
             say
             we
             
             have
             so
             long
             enjoy'd
             ;
             tell
             me
             what
             they
             are
             .
          
        
         
           
             I.
             
          
           
             I
             will
             in
             as
             few
             words
             as
             I
             can
             :
             First
             then
             ,
             The
             Freemen
             of
             England
             were
             never
             bound
             to
             observe
             any
             Laws
             ,
             either
             in
             matters
             Civil
             or
             Religious
             ,
             but
             what
             were
             made
             by
             the
             King
             ,
             with
             the
             Consent
             of
             the
             Great
             Council
             ,
             consisting
             of
             the
             Clergy
             ,
             Nobility
             ,
             and
             Commons
             ,
             assembled
             in
             Parliament
             .
          
           
             Secondly
             ,
             That
             no
             Taxes
             could
             be
             lawfully
             imposed
             upon
             the
             Nation
             ,
             or
             any
             man's
             Property
             taken
             away
             without
             the
             Consent
             of
             this
             Council
             .
             3.
             
             That
             this
             Great
             Council
             had
             ever
             a
             power
             of
             hearing
             and
             redressing
             all
             Grievances
             and
             Complaints
             of
             the
             Subjects
             ,
             not
             only
             against
             the
             *
             Oppressions
             of
             any
             of
             the
             King
             's
             great
             Officers
             or
             Ministers
             ,
             
               who
               were
               too
               great
               to
               be
               called
               to
               an
               account
               in
               any
               other
               Court
               ;
               but
               also
               the
               particular
               Wrongs
               of
               the
               King
               himself
               ,
               the
               Queen
               ,
               or
               their
               Children
               .
            
          
        
         
           
             F.
             
          
           
             Pray
             how
             could
             this
             be
             done
             ,
             since
             the
             King
             may
             at
             this
             day
             dissolve
             the
             Parliament
             whenever
             he
             pleases
             ?
          
        
         
           
             I.
             
          
           
             I
             grant
             it
             is
             so
             now
             ;
             but
             certainly
             it
             was
             otherwise
             when
             Parliaments
             met
             of
             course
             at
             a
             certain
             place
             once
             a
             year
             without
             any
             summons
             from
             the
             King
             ;
             yet
             after
             that
             time
             ,
             I
             find
             it
             in
             the
             Ancient
             Treatise
             ,
             called
             
             
               The
               Manner
               of
               holding
               Parliaments
            
             :
             †
             
               That
               the
               Parliament
               ought
               not
               to
               be
               dissolved
               whilst
               any
               Petition
               or
               Bill
               dependeth
               undiscussed
               ,
               or
               at
               least
               whereto
               no
               determinate
               Answer
               is
               given
               ;
               and
               that
               if
               he
               do
               ,
               or
               permit
               the
               contrary
               ,
               
                 perjurus
                 est
              
               ,
            
             i.
             e.
             he
             is
             perjur'd
             :
             And
             even
             at
             this
             day
             the
             Two
             Houses
             may
             justly
             refuse
             the
             King
             any
             supply
             of
             Money
             ,
             whilst
             he
             refuse
             to
             redress
             their
             just
             Grievances
             .
          
        
         
           
             F.
             
          
           
             This
             is
             more
             than
             I
             ever
             heard
             of
             before
             ;
             but
             pray
             proceed
             to
             tell
             me
             ,
             what
             are
             the
             rest
             of
             the
             Liberties
             and
             Priviledges
             of
             an
             Englishman
             ?
          
        
         
           
             I.
             
          
           
             In
             short
             ,
             they
             are
             these
             ;
             Not
             to
             be
             banisht
             the
             Realm
             ,
             or
             imprisoned
             ,
             without
             just
             cause
             ;
             nor
             to
             be
             kept
             there
             only
             as
             a
             punishment
             ,
             but
             in
             order
             to
             a
             legal
             Trial
             ;
             not
             to
             be
             tried
             ,
             condemned
             ,
             or
             executed
             ,
             without
             a
             lawful
             Jury
             of
             his
             Peers
             first
             passed
             upon
             him
             ,
             (
             unless
             in
             time
             of
             War
             ,
             by
             Martial-Law
             )
             ;
             lastly
             ,
             no
             man
             is
             oblig'd
             to
             quarter
             Soldiers
             without
             his
             own
             consent
             ,
             and
             then
             paying
             for
             what
             they
             have
             .
             There
             are
             other
             less
             Rights
             and
             Priviledges
             ,
             exprest
             in
             the
             Petition
             of
             Right
             ,
             acknowledged
             and
             confirmed
             in
             Parliament
             by
             King
             Charles
             I.
             all
             which
             I
             omit
             ;
             but
             these
             being
             the
             chiefest
             that
             concern
             our
             Lives
             ,
             Liberties
             and
             Estates
             ,
             were
             only
             insisted
             upon
             in
             my
             said
             Charge
             .
          
        
         
           
           
             F.
             
          
           
             But
             pray
             ,
             Sir
             ,
             tell
             me
             ,
             as
             to
             the
             King
             ,
             Is
             he
             not
             the
             sole
             Supream
             Power
             in
             England
             ?
          
        
         
           
             I.
             
          
           
             No
             certainly
             ;
             for
             then
             he
             could
             make
             Laws
             ,
             and
             raise
             Money
             without
             the
             Peoples
             Consent
             ;
             but
             every
             printed
             Act
             of
             Parliament
             will
             shew
             you
             where
             the
             Supream
             Power
             resides
             ,
             wherein
             it
             is
             expresly
             recited
             in
             these
             words
             ,
             
               Be
               it
               therefore
               enacted
               by
               the
               King
               's
               most
               Excellent
               Majesty
               ,
               and
               by
               and
               with
               the
               Advice
               and
               Consent
               of
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               of
               this
               Realm
               ,
               and
               the
               Authority
               of
               the
               same
            
             ;
             or
             as
             I
             can
             shew
             you
             in
             several
             Statutes
             of
             King
             Henry
             the
             VIIIth
             .
             wherein
             it
             is
             recited
             thus
             ,
             
               Be
               it
               enacted
               by
               the
               Assent
               and
               Consent
               of
               our
               Sovereign
               Lord
               the
               King
               ,
               and
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               in
               this
               present
               Parliament
               assembled
               ,
               and
               by
               Authority
               of
               the
               same
            
             ;
             whereby
             you
             may
             see
             ,
             that
             not
             only
             the
             words
             Assent
             and
             Consent
             ,
             but
             the
             word
             Authority
             is
             referred
             ,
             as
             well
             to
             all
             the
             Three
             Estates
             ,
             as
             to
             the
             King.
             
          
        
         
           
             F.
             
          
           
             This
             ,
             I
             confess
             ,
             is
             plain
             enough
             ,
             but
             what
             are
             the
             King
             's
             chief
             Prerogatives
             .
          
        
         
           
           
             I.
             
          
           
             I
             will
             tell
             you
             in
             as
             few
             words
             as
             I
             can
             ;
             his
             Majesty's
             chief
             Prerogatives
             (
             for
             to
             enumerate
             them
             all
             would
             be
             endless
             )
             are
             these
             ,
             First
             ,
             to
             call
             Parliaments
             once
             a
             year
             ,
             or
             oftner
             ,
             and
             Dissolve
             them
             if
             he
             pleases
             ;
             to
             give
             the
             last
             hand
             ,
             or
             sanction
             to
             all
             Laws
             for
             raising
             of
             Taxes
             ,
             and
             for
             the
             enacting
             all
             other
             things
             that
             his
             Majesty
             ,
             joining
             with
             the
             Two
             Houses
             of
             Parliament
             ,
             shall
             think
             fit
             to
             be
             Enacted
             ;
             to
             appoint
             Judges
             to
             Try
             ,
             Condemn
             ,
             and
             Execute
             Traytors
             ,
             and
             all
             other
             Malefactors
             for
             Treason
             and
             other
             Crimes
             ;
             and
             to
             grant
             Pardons
             for
             those
             Crimes
             ,
             if
             his
             Majesty
             shall
             think
             fit
             (
             yet
             still
             according
             to
             his
             Coronation
             Oath
             )
             ;
             to
             grant
             Commissions
             to
             all
             other
             Magistrates
             and
             Officers
             ,
             both
             Civil
             and
             Military
             ,
             no
             Arms
             being
             regularly
             to
             be
             Rais'd
             but
             by
             his
             Authority
             ;
             also
             by
             the
             Advice
             of
             his
             Privy-Council
             ,
             to
             issue
             Proclamations
             according
             to
             Law
             ,
             and
             for
             the
             Publick
             Good
             for
             enforcing
             the
             observation
             of
             such
             Laws
             ,
             as
             shall
             be
             thought
             fit
             ,
             in
             case
             those
             that
             are
             entrusted
             with
             the
             execution
             of
             them
             prove
             too
             remiss
             :
             Lastly
             ,
             to
             make
             War
             and
             Peace
             ,
             though
             the
             latter
             ,
             as
             well
             as
             the
             former
             of
             these
             ,
             were
             anciently
             very
             seldom
             made
             without
             the
             Advice
             and
             Consent
             of
             Parliament
             .
             These
             are
             the
             chief
             Prerogatives
             which
             I
             mentioned
             in
             my
             
             Charge
             ,
             tho'
             I
             grant
             there
             are
             divers
             others
             ,
             tho'
             less
             material
             .
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             cannot
             the
             King
             by
             his
             Prerogative
             do
             some
             things
             against
             the
             Laws
             ,
             and
             Dispence
             with
             them
             in
             all
             cases
             which
             he
             himself
             may
             judge
             for
             the
             Common
             Good
             of
             the
             Kingdom
             ?
          
        
         
           
             I.
             
          
           
             The
             King
             had
             anciently
             no
             Power
             to
             Dispence
             with
             Statutes
             ,
             with
             
               non
               Obstantes
            
             ;
             and
             so
             it
             is
             solemnly
             declared
             in
             the
             Kings
             Bench
             in
             the
             39th
             .
             of
             K.
             Edward
             the
             3d.
             *
             by
             all
             the
             Justices
             as
             a
             Rule
             in
             Law
             ,
             well
             known
             at
             that
             time
             ,
             and
             I
             could
             tell
             you
             (
             were
             it
             not
             too
             tedious
             )
             how
             this
             Prerogative
             of
             Dispensations
             first
             began
             ;
             but
             even
             then
             the
             King
             could
             not
             Dispence
             with
             any
             thing
             that
             was
             morally
             Evil
             in
             it self
             ,
             or
             with
             what
             was
             Enacted
             by
             Authority
             of
             Parliament
             for
             the
             common
             Good
             and
             Safety
             of
             the
             whole
             People
             ,
             or
             Nation
             in
             General
             :
             And
             this
             is
             the
             true
             reason
             why
             the
             Late
             King
             Iames
             could
             not
             Dispence
             with
             all
             Statutes
             concerning
             the
             taking
             away
             the
             Test
             ,
             because
             the
             whole
             Nation
             had
             an
             Interest
             in
             them
             ;
             nor
             could
             he
             Dispence
             with
             any
             Act
             which
             conferred
             a
             particular
             .
             Right
             
             or
             Priviledge
             on
             a
             third
             Person
             ;
             and
             lastly
             ,
             he
             could
             not
             commonly
             Dispence
             with
             any
             Statute
             wherein
             there
             was
             a
             particular
             provision
             to
             prevent
             the
             King
             from
             Granting
             Charters
             with
             Clauses
             of
             Non-obstantes
             ;
             But
             now
             all
             Dispensations
             with
             such
             Statutes
             ,
             are
             taken
             away
             by
             a
             particular
             Clause
             in
             the
             late
             Act
             of
             the
             Rights
             and
             Liberties
             of
             the
             Subject
             †
             which
             you
             may
             see
             if
             you
             please
             ;
             and
             which
             I
             take
             to
             be
             no
             more
             than
             a
             Solemn
             Declaration
             of
             what
             was
             the
             Ancient
             Law
             of
             England
             ,
             before
             
               non
               obstantes
            
             came
             up
             .
          
        
         
           
             F.
             
          
           
             I
             am
             very
             well
             satisfied
             in
             this
             ;
             but
             ,
             pray
             Sir
             ,
             tell
             me
             the
             reason
             ,
             Why
             the
             King
             cannot
             ,
             as
             the
             Supreme
             Executive
             Power
             of
             the
             Kingdom
             ,
             exercise
             his
             Royal
             Prerogative
             ,
             though
             it
             were
             to
             the
             prejudice
             of
             some
             particular
             Persons
             ?
          
        
         
           
             I.
             
          
           
             I
             can
             give
             you
             a
             very
             good
             reason
             for
             this
             ,
             because
             this
             would
             be
             contrary
             to
             that
             Trust
             which
             was
             at
             first
             reposed
             in
             the
             King
             by
             the
             Representative
             Body
             of
             the
             Nation
             when
             this
             Limited
             Monarchy
             was
             first
             instituted
             ,
             and
             which
             that
             ancient
             Treatise
             ,
             called
             the
             
               Mirror
               of
               Iustices
            
             ,
             *
             writ
             above
             
             Four
             hundred
             years
             since
             ,
             very
             well
             sets
             forth
             the
             Common
             Law
             of
             England
             as
             it
             stood
             before
             the
             Conquest
             ,
             as
             also
             the
             Original
             of
             the
             Government
             of
             this
             Kingdom
             by
             one
             Person
             ,
             or
             Monarch
             ;
             which
             he
             thus
             recites
             ,
             
               That
               when
               Forty
               Princes
               (
               that
               is
               ,
               Aldermen
               ,
               or
               Earls
               of
               Counties
               )
               did
               Elect
               one
               King
               
                 (
                 viz.
                 Egbert
              
               )
               to
               Reign
               over
               them
               ,
               to
               Maintain
               and
               Defend
               their
               Persons
               and
               Goods
               in
               Peace
               by
               Rules
               of
               Right
               ;
               they
               made
               him
               at
               first
               to
               Swear
               ,
               That
               he
               would
               maintain
               with
               all
               his
               Power
               ,
               the
               true
               Christian
               Faith
               ,
               and
               would
               Govern
               his
               People
               by
               Right
               without
               any
               respect
               of
               Persons
               ;
               and
               would
               also
               be
               Obedient
               to
               suffer
               Right
               
                 (
                 i.
                 e.
              
               Justice
               )
               as
               well
               as
               others
               of
               his
               People
               .
            
             By
             which
             it
             appears
             ,
             That
             all
             the
             Prerogatives
             of
             the
             Crown
             are
             trusted
             in
             the
             King
             by
             Law
             ,
             for
             the
             Good
             and
             Preservation
             of
             his
             People
             ,
             and
             not
             for
             the
             exercise
             of
             an
             Arbitrary
             Will
             ,
             or
             Power
             contrary
             thereunto
             .
             As
             also
             Sir
             
               Iohn
               Fortescue
            
             ,
             once
             Lord
             Chancellor
             to
             King
             Henry
             the
             VIth
             .
             in
             his
             Treatise
             in
             Praise
             of
             our
             English
             Laws
             ,
             has
             thus
             handsomely
             set
             forth
             ,
             viz.
             
             
               That
               the
               King
               was
               Made
               ,
               or
               Elected
               ,
               for
               the
               safeguard
               of
               the
               Law
               ,
               the
               Bodies
               and
               Goods
               of
               his
               Subjects
               ;
               and
               he
               hath
               this
               Power
               derived
               from
               the
               People
               ;
               so
               that
               he
               cannot
               long
               Govern
               them
               by
               any
               other
            
             
             Power
             ;
             and
             he
             also
             gives
             us
             the
             reason
             why
             he
             cannot
             regularly
             Dispence
             with
             Acts
             of
             Parliament
             ;
             
               Because
               ,
               says
               he
               ,
               they
               are
               made
               by
               the
               general
               Consent
               of
               the
               King
               ,
               and
               the
               whole
               Realm
               ;
               and
               if
               there
               be
               any
               thing
               in
               them
               that
               proves
               inconvenient
               ,
               the
               King
               may
               quickly
               ,
               or
               in
               a
               short
               time
               ,
               call
               another
               Parliament
               to
               amend
               it
               ;
            
             but
             not
             without
             that
             ,
             as
             it
             certainly
             would
             if
             the
             King
             had
             an
             Absolute
             and
             Unlimited
             Power
             of
             Dispensing
             with
             all
             Laws
             .
             So
             that
             you
             see
             the
             King
             is
             entrusted
             with
             his
             Prerogative
             by
             Law
             (
             that
             is
             ,
             by
             the
             Consent
             of
             the
             People
             only
             for
             their
             Benefit
             and
             Preservation
             )
             ;
             therefore
             if
             the
             Judges
             ,
             or
             any
             other
             inferior
             Officer
             act
             contrary
             thereunto
             ,
             though
             by
             the
             King
             's
             express
             Letters
             ,
             or
             Messages
             ,
             they
             are
             Forsworn
             ,
             and
             may
             be
             punished
             for
             it
             ;
             and
             in
             this
             sence
             it
             is
             ,
             that
             the
             King
             ,
             whilst
             acting
             thus
             by
             his
             subordinate
             Officers
             or
             Ministers
             ,
             is
             said
             to
             do
             no
             wrong
             ,
             because
             they
             are
             liable
             to
             be
             questioned
             for
             it
             ;
             and
             if
             he
             acts
             otherwise
             by
             his
             own
             personal
             Power
             ,
             or
             Commands
             ,
             it
             is
             not
             as
             King
             of
             England
             ,
             but
             as
             a
             private
             Person
             ;
             so
             that
             if
             we
             will
             consider
             our
             own
             happiness
             ,
             we
             Englishmen
             are
             blest
             with
             such
             noble
             Priviledges
             and
             Liberties
             ,
             that
             I
             think
             there
             is
             no
             Nation
             in
             the
             world
             where
             all
             degrees
             and
             ranks
             of
             men
             may
             live
             more
             happily
             
             than
             we
             do
             :
             And
             as
             for
             the
             King
             ,
             though
             it
             is
             true
             he
             hath
             not
             an
             Absolute
             Unlimited
             Power
             of
             doing
             whatever
             he
             will
             ,
             yet
             he
             hath
             sufficient
             to
             Protect
             his
             Subjects
             ,
             and
             bountifully
             to
             Reward
             those
             that
             serve
             him
             faithfully
             ;
             and
             whenever
             he
             undertakes
             any
             Foreign
             War
             with
             the
             general
             Consent
             and
             Assistance
             of
             his
             People
             in
             Parliament
             ,
             he
             most
             commonly
             proves
             a
             Terror
             to
             those
             who
             dare
             oppose
             him
             .
          
        
         
           
             F.
             
          
           
             I
             am
             very
             sensible
             of
             this
             Happiness
             we
             enjoy
             ;
             and
             therefore
             when
             I
             think
             how
             miserably
             the
             poor
             Country-men
             live
             in
             France
             and
             other
             Countries
             ,
             we
             of
             the
             Yeomanry
             have
             all
             the
             reason
             in
             the
             world
             to
             venture
             our
             lives
             in
             the
             defence
             of
             our
             Ancient
             Constitution
             ;
             since
             if
             ever
             we
             should
             be
             reduced
             to
             an
             Arbitrary
             Government
             ,
             either
             by
             a
             standing
             Army
             at
             home
             ,
             or
             a
             Conquest
             from
             abroad
             ,
             we
             can
             expect
             no
             better
             than
             Wooden-Shoes
             and
             Canvass-Breeches
             ,
             and
             to
             drink
             nothing
             but
             Water
             with
             the
             miserable
             French
             Peasants
             ;
             and
             ,
             I
             doubt
             ,
             if
             things
             should
             once
             come
             to
             that
             pass
             ,
             you
             Country-Gentlemen
             would
             be
             but
             in
             little
             better
             condition
             .
          
           
             But
             since
             the
             greatest
             part
             of
             your
             Charge
             was
             to
             justifie
             the
             Right
             of
             their
             present
             Majesties
             to
             the
             Throne
             ,
             and
             that
             you
             insisted
             
             pretty
             long
             upon
             that
             Head
             ;
             yet
             methoughts
             you
             were
             a
             little
             too
             short
             in
             telling
             us
             only
             that
             King
             Iames
             (
             who
             was
             once
             our
             Lawful
             King
             )
             could
             cease
             to
             be
             so
             ;
             for
             you
             seem
             to
             rest
             contented
             with
             the
             bare
             words
             of
             the
             Convention's
             late
             Vote
             ,
             viz.
             
             
               That
               King
               Iames
               having
               endeavoured
               to
               subvert
               the
               Constitution
               of
               the
               Kingdom
               ,
               by
               breaking
               the
               original
               Contract
               between
               the
               King
               and
               the
               People
               ,
               and
               that
               having
               violated
               the
               Fundamental
               Laws
               ,
               by
               withdrawing
               himself
               out
               of
               the
               Kingdom
               ,
               he
               had
               Abdicated
               the
               Government
               ,
               and
               that
               the
               Throne
               was
               thereby
               become
               Vacant
               .
            
             So
             that
             tho
             you
             speak
             pretty
             largely
             of
             King
             
             Iames's
             Violations
             by
             Raising
             of
             Money
             without
             Consent
             of
             Parliament
             ,
             and
             of
             exercising
             his
             Dispensing
             Power
             ;
             yet
             methoughts
             you
             seem
             chiefly
             to
             place
             this
             Vacancy
             of
             the
             Throne
             upon
             King
             
             Iames's
             Abdication
             ,
             or
             Desertion
             of
             it
             ;
             which
             ,
             let
             me
             tell
             you
             ,
             as
             plain
             a
             Country
             Fellow
             as
             I
             am
             ,
             will
             not
             down
             with
             me
             ;
             for
             I
             can
             never
             believe
             the
             King
             would
             have
             deserted
             the
             Government
             ,
             if
             he
             thought
             he
             could
             have
             staid
             here
             with
             safety
             ;
             therefore
             ,
             pray
             tell
             me
             your
             meaning
             of
             these
             hard
             words
             ,
             
               Constitution
               of
               the
               Kingdom
               ,
               Original
               Contract
               ,
            
             and
             
               Abdication
               of
               the
               Throne
            
             .
          
        
         
           
           
             I.
             
          
           
             I
             was
             not
             willing
             to
             insist
             too
             long
             in
             the
             face
             of
             the
             Country
             upon
             these
             nice
             Points
             ,
             which
             were
             not
             proper
             to
             be
             handled
             before
             an
             Assembly
             of
             ordinary
             Countrymen
             ;
             but
             since
             you
             have
             always
             appeared
             to
             me
             to
             be
             above
             the
             ordinary
             Capacity
             of
             those
             of
             your
             Rank
             ,
             I
             will
             tell
             you
             what
             I
             conceive
             was
             the
             true
             Sense
             of
             the
             Convention
             in
             every
             one
             of
             those
             expressions
             :
             first
             for
             the
             Constitution
             of
             the
             Kingdom
             ,
             which
             King
             Iames
             went
             about
             to
             violate
             ,
             I
             take
             that
             to
             be
             the
             Government
             by
             King
             ,
             Lords
             and
             Commons
             in
             Parliament
             ,
             which
             he
             endeavour'd
             to
             violate
             ,
             by
             his
             taking
             away
             of
             Charters
             from
             Corporations
             ,
             and
             doing
             his
             utmost
             to
             impose
             a
             Parliament
             upon
             the
             Nation
             ,
             of
             such
             men
             as
             would
             not
             only
             take
             off
             the
             Penal
             Laws
             from
             Papists
             ,
             and
             all
             other
             Dissenters
             ,
             but
             who
             would
             also
             have
             confirmed
             to
             the
             King
             that
             Arbitrary
             Power
             of
             dispensing
             with
             what
             Laws
             he
             pleased
             ;
             which
             would
             indeed
             have
             render'd
             Parliaments
             wholely
             useless
             ,
             and
             was
             as
             good
             as
             putting
             the
             whole
             Legislative
             Power
             into
             the
             sole
             Person
             of
             the
             King.
             
          
        
         
           
             F.
             
          
           
             But
             the
             Original
             Contract
             puzzles
             us
             yet
             more
             than
             all
             the
             rest
             ,
             and
             I
             heard
             Parson-Slave-all
             ,
             at
             a
             neighbouring
             Gentleman's
             
             house
             the
             other
             day
             ,
             ask
             ,
             Whether
             the
             Speaker
             of
             the
             Convention
             had
             not
             the
             keeping
             of
             it
             under
             his
             Cushion
             ?
             for
             he
             could
             never
             yet
             light
             upon
             it
             in
             any
             English
             History
             or
             Law-Book
             .
          
        
         
           
             I.
             
          
           
             Pray
             tell
             that
             witty
             Parson
             next
             time
             you
             meet
             him
             ,
             that
             if
             he
             pleases
             to
             look
             over
             our
             Histories
             and
             Law-Books
             ,
             that
             in
             the
             very
             same
             Leaf
             where
             the
             Divine
             Hereditary
             Right
             of
             Succession
             to
             the
             Crown
             in
             a
             Right
             Line
             is
             established
             as
             an
             unalterable
             and
             fundamental
             Law
             ,
             in
             the
             very
             next
             Clause
             he
             may
             find
             this
             Original
             Contract
             .
             But
             not
             to
             banter
             you
             ,
             I
             will
             tell
             you
             my
             sense
             of
             this
             expression
             ,
             which
             ,
             in
             my
             opinion
             ,
             signifies
             no
             more
             than
             that
             Compact
             or
             Bargain
             which
             was
             first
             entred
             into
             between
             King
             
             Iames's
             Ancestors
             or
             Predecessors
             ,
             (
             and
             under
             whose
             Title
             he
             enjoy'd
             the
             Crown
             )
             whereby
             they
             bound
             themselves
             by
             a
             solemn
             Oath
             ,
             when
             they
             took
             the
             Crown
             upon
             them
             ,
             at
             their
             Coronation
             ,
             to
             keep
             and
             maintain
             the
             Laws
             of
             the
             Realm
             ,
             and
             to
             govern
             the
             People
             according
             to
             these
             Rules
             of
             Justice
             and
             Mercy
             ,
             that
             is
             in
             short
             ,
             acting
             according
             to
             Law.
             Which
             Oath
             ,
             or
             the
             substance
             of
             it
             ,
             having
             been
             constantly
             renewed
             every
             fresh
             Succession
             to
             the
             Crown
             ,
             as
             soon
             as
             the
             King
             was
             capable
             of
             taking
             it
             ,
             sufficiently
             declares
             ,
             that
             as
             the
             
             King
             upon
             observing
             this
             Compact
             ,
             by
             governing
             according
             to
             Law
             ,
             had
             a
             Right
             to
             his
             Subjects
             Allegiance
             ;
             so
             if
             he
             refused
             to
             act
             according
             to
             it
             ,
             but
             would
             wilfully
             violate
             the
             Ancient
             Constitution
             of
             the
             Kingdom
             ,
             he
             thereby
             ceases
             to
             be
             King
             by
             Law
             ,
             and
             by
             destroying
             his
             own
             Title
             to
             the
             Crown
             ,
             thereby
             also
             dissolves
             that
             Bond
             of
             Allegiance
             which
             before
             bound
             his
             Subjects
             to
             him
             as
             well
             in
             Duty
             as
             Affection
             .
          
        
         
           
             F.
             
          
           
             But
             how
             can
             you
             prove
             that
             this
             Contract
             was
             mutual
             ,
             or
             that
             the
             King
             was
             to
             enjoy
             his
             Crown
             only
             upon
             this
             Condition
             ,
             That
             he
             observe
             the
             Fundamental
             Laws
             of
             the
             Kingdom
             ?
             since
             I
             have
             heard
             it
             positively
             asserted
             by
             those
             that
             are
             very
             well
             skilled
             in
             our
             Laws
             ,
             that
             the
             King
             is
             as
             much
             King
             before
             ever
             he
             is
             crowned
             ,
             as
             afterwards
             ;
             and
             that
             he
             may
             chuse
             whether
             he
             will
             ever
             take
             any
             Coronation
             Oath
             or
             not
             .
          
        
         
           
             I.
             
          
           
             I
             will
             not
             now
             dispute
             that
             Point
             with
             you
             ;
             but
             yet
             let
             me
             tell
             you
             ,
             if
             a
             King
             should
             at
             this
             day
             refuse
             ,
             to
             be
             crowned
             ,
             because
             he
             had
             no
             mind
             to
             be
             tied
             by
             his
             Coronation
             Oath
             ,
             I
             doubt
             whether
             the
             People
             ,
             if
             they
             understood
             the
             force
             of
             that
             Oath
             his
             Predecessors
             
             have
             all
             along
             taken
             for
             so
             many
             Successions
             ,
             might
             not
             as
             well
             refuse
             to
             take
             him
             for
             their
             King
             ,
             since
             he
             refused
             to
             hold
             the
             Crown
             upon
             those
             Conditions
             that
             his
             Ancestors
             at
             first
             took
             it
             ;
             and
             so
             might
             look
             upon
             themselves
             as
             good
             as
             discharged
             of
             all
             Oaths
             of
             Fidelity
             to
             him
             ,
             since
             those
             Oaths
             were
             no
             doubt
             at
             first
             instituted
             on
             this
             mutual
             Consideration
             ,
             that
             both
             should
             observe
             their
             part
             ,
             and
             not
             that
             one
             side
             should
             be
             loose
             ,
             and
             the
             other
             fast
             ;
             but
             to
             shew
             you
             in
             the
             first
             place
             ,
             that
             every
             Coronation
             Oath
             was
             in
             the
             Saxon
             times
             ,
             and
             long
             after
             the
             Conquest
             ,
             a
             Renewal
             of
             this
             Original
             Contract
             may
             appear
             from
             these
             Considerations
             :
          
           
             1.
             
             That
             all
             the
             Kings
             of
             the
             
               West
               Saxons
            
             were
             elected
             ,
             or
             at
             least
             confirmed
             by
             the
             great
             Council
             or
             Parliament
             *
             ;
             and
             I
             can
             shew
             you
             a
             particular
             Law
             of
             a
             General
             Synod
             or
             Parliament
             of
             all
             England
             ,
             wherein
             is
             particularly
             set
             down
             the
             Laws
             or
             Rules
             for
             the
             electing
             of
             their
             Kings
             ,
             as
             that
             they
             were
             not
             to
             be
             Bastards
             ,
             &c.
             
             And
             pursuant
             to
             this
             Law
             of
             electing
             their
             Kings
             ,
             this
             great
             Council
             †
             often
             preferred
             the
             Younger
             Brother
             before
             the
             Elder
             ,
             or
             the
             
             Uncle
             before
             the
             Nephew
             ,
             when
             either
             greater
             Merit
             ,
             or
             the
             pressing
             Necessities
             of
             the
             Kingdom
             required
             it
             ,
             which
             when
             once
             agreed
             upon
             by
             the
             Bishops
             ,
             and
             great
             men
             of
             the
             Kingdom
             in
             the
             great
             Council
             ,
             after
             their
             Election
             ,
             and
             upon
             the
             day
             of
             their
             Coronation
             ,
             the
             Archbishop
             of
             Canterbury
             (
             whose
             Right
             it
             has
             always
             been
             to
             crown
             the
             King
             )
             went
             to
             the
             King
             Elect
             ,
             and
             before
             ever
             he
             proceeded
             to
             the
             Coronation
             ,
             tender'd
             him
             a
             solemn
             Oath
             *
             ,
             whereby
             he
             was
             to
             swear
             three
             things
             :
          
           
             First
             ,
             That
             God's
             Church
             ,
             and
             all
             the
             Christian
             People
             of
             his
             Kingdom
             should
             enjoy
             true
             Peace
             and
             Quiet
             .
          
           
             Secondly
             ,
             That
             he
             should
             forbid
             Rapine
             ,
             and
             all
             Injustice
             to
             all
             sorts
             of
             men
             .
          
           
             Thirdly
             ,
             That
             he
             would
             command
             Justice
             together
             with
             Mercy
             in
             all
             Judgments
             :
             And
             then
             (
             and
             not
             till
             then
             )
             was
             the
             Crown
             set
             upon
             his
             Head
             ,
             and
             the
             Scepter
             put
             into
             his
             Hand
             by
             the
             Archbishop
             ;
             and
             till
             this
             was
             done
             ,
             the
             Prince
             Elect
             was
             not
             looked
             upon
             as
             King
             ,
             nor
             had
             any
             Right
             to
             the
             Subjects
             Allegiance
             .
             And
             thus
             stood
             this
             
             immemorial
             Custom
             unaltered
             ,
             not
             only
             during
             the
             Saxon
             times
             ,
             but
             long
             after
             the
             coming
             in
             of
             the
             Normans
             ;
             for
             the
             first
             seven
             Kings
             after
             William
             I.
             who
             till
             their
             Coronations
             were
             never
             owned
             nor
             stiled
             Kings
             until
             King
             Edward
             I.
             who
             was
             Elected
             (
             or
             Recognized
             )
             for
             King
             ,
             in
             a
             great
             Convention
             of
             the
             Estates
             ,
             who
             then
             assembled
             of
             their
             own
             Accord
             ,
             when
             he
             was
             in
             the
             Holy
             Land
             ,
             and
             they
             caused
             an
             Oath
             of
             Fealty
             to
             be
             taken
             to
             him
             two
             Years
             before
             his
             arrival
             in
             England
             ;
             and
             though
             I
             grant
             since
             that
             time
             the
             Crown
             hath
             been
             claimed
             as
             Hereditary
             ,
             yet
             has
             it
             rather
             been
             by
             vertue
             of
             those
             Entails
             that
             have
             been
             successively
             made
             of
             it
             by
             express
             Acts
             of
             Parliament
             ,
             and
             not
             from
             any
             Fundamental
             Law
             or
             Constitution
             of
             the
             Kingdom
             .
             This
             was
             the
             ancient
             Form
             of
             electing
             and
             making
             our
             Kings
             ,
             the
             Footsteps
             of
             which
             Election
             still
             remain
             to
             later
             times
             ,
             when
             the
             Archbishop
             used
             to
             lead
             the
             King
             or
             Queen
             to
             all
             parts
             of
             the
             Scaffold
             ,
             as
             at
             the
             several
             Coronations
             of
             King
             Edward
             VI.
             and
             Queen
             Elizabeth
             *
             :
             asked
             all
             the
             People
             standing
             below
             ,
             Whether
             they
             would
             have
             this
             Person
             to
             be
             their
             King
             or
             Queen
             ?
          
        
         
           
           
             F.
             
          
           
             I
             confess
             you
             tell
             me
             more
             of
             this
             matter
             than
             ever
             I
             knew
             before
             ;
             but
             yet
             I
             am
             still
             to
             seek
             ,
             how
             this
             old
             Coronation
             Oath
             ,
             exprest
             in
             so
             few
             words
             ,
             should
             tie
             those
             Princes
             to
             observe
             the
             Laws
             of
             the
             Kingdom
             ,
             since
             it
             seems
             that
             by
             this
             Oath
             ,
             he
             was
             rather
             to
             govern
             according
             to
             Equity
             ,
             than
             Law.
             
          
        
         
           
             I.
             
          
           
             That
             is
             ,
             because
             you
             do
             not
             understand
             the
             Legal
             Force
             of
             those
             words
             contained
             in
             this
             Oath
             ;
             for
             by
             the
             first
             Branch
             of
             it
             ,
             whereby
             God's
             Church
             ,
             and
             all
             Christian
             People
             should
             enjoy
             true
             Quiet
             ,
             is
             meant
             not
             only
             that
             the
             Clergy
             in
             particular
             should
             under
             him
             enjoy
             all
             their
             lawful
             Rights
             and
             Priviledges
             ,
             but
             also
             all
             the
             other
             Lay-Members
             of
             Christ's
             Church
             should
             enjoy
             the
             free
             Profession
             of
             the
             Christian
             Religion
             as
             by
             Law
             establisht
             ,
             without
             any
             molestation
             or
             disturbance
             .
          
           
             2.
             
             By
             forbidding
             Rapine
             and
             all
             Injustice
             ,
             is
             meant
             not
             only
             his
             hindring
             Robberies
             ,
             and
             all
             violent
             takings
             of
             his
             Subjects
             Goods
             ,
             but
             also
             the
             illegal
             taking
             them
             by
             his
             own
             personal
             Commands
             ,
             or
             by
             his
             inferior
             Officers
             or
             Ministers
             .
          
           
             3.
             
             By
             commanding
             Justice
             together
             with
             Mercy
             in
             all
             his
             Judgments
             ,
             is
             meant
             no
             more
             ,
             than
             his
             not
             pardoning
             the
             Guilty
             
             when
             condemned
             ,
             and
             also
             not
             to
             condemn
             the
             Innocent
             ,
             or
             such
             whose
             particular
             Circumstances
             might
             deserve
             Mercy
             ,
             and
             is
             no
             more
             than
             what
             was
             afterwards
             granted
             by
             
               Magna
               Charta
            
             ,
             the
             sense
             of
             which
             is
             ,
             
               That
               the
               King
               there
               promises
               neither
               to
               deny
               nor
               defer
               ,
               nor
               yet
               to
               sell
               Justice
               to
               any
               man
               ;
            
             which
             extends
             likewise
             as
             well
             to
             his
             great
             Officers
             and
             Judges
             ,
             as
             himself
             ,
             since
             they
             being
             the
             Keepers
             of
             the
             King's
             Oath
             and
             Conscience
             ,
             he
             is
             guilty
             of
             the
             like
             Perjury
             ,
             if
             he
             either
             connive
             ,
             or
             is
             a
             wilful
             Partaker
             or
             Encourager
             of
             their
             Injustice
             .
             And
             it
             was
             also
             declared
             for
             Law
             by
             the
             Judges
             ,
             in
             the
             Reign
             of
             King
             Edward
             III.
             That
             not
             only
             the
             King
             ,
             but
             the
             Prelates
             ,
             Nobles
             ,
             Governors
             ,
             and
             Justices
             ,
             &c.
             of
             this
             Realm
             ,
             were
             tied
             by
             their
             Oaths
             to
             maintain
             the
             ancient
             Laws
             ,
             Franchises
             and
             Customs
             of
             the
             Kingdom
             of
             England
             .
             And
             also
             in
             a
             Letter
             sent
             from
             the
             Parliament
             in
             the
             29th
             of
             Edward
             I.
             to
             the
             Pope
             *
             ,
             the
             States
             of
             the
             Kingdom
             do
             there
             declare
             ,
             
               That
               since
               the
               Premises
               required
               by
               the
               Pope
               ,
               were
               to
               the
               disherison
               of
               the
               Crown
               ,
               and
               subversion
               of
               the
               Kingdom
               ,
               and
               to
               the
               prejudice
               of
               the
               Liberties
               ,
               
               Customs
               and
               Laws
               of
               their
               Country
               ,
               and
               to
               whose
               observance
               and
               defence
               they
               were
               bound
               by
               the
               Oaths
               they
               had
               taken
               ,
               and
               which
               they
               would
               defend
               to
               the
               utmost
               of
               their
               power
               ;
               nor
               would
               permit
               even
               the
               King
               himself
               ,
               although
               he
               would
               do
               it
               ,
               to
               attempt
               the
               same
               .
            
             Now
             pray
             tell
             me
             what
             greater
             Assertion
             of
             a
             right
             of
             Resistance
             in
             some
             Cases
             ,
             than
             this
             Letter
             from
             the
             Parliament
             ,
             sent
             by
             the
             King
             's
             own
             privity
             and
             consent
             .
          
        
         
           
             F.
             
          
           
             But
             you
             have
             not
             yet
             shewn
             me
             how
             the
             King
             ,
             who
             is
             an
             Hereditary
             Monarch
             at
             this
             day
             ,
             can
             be
             tied
             by
             the
             Oath
             of
             his
             Predecessors
             ,
             since
             (
             as
             your self
             cannot
             deny
             )
             he
             is
             King
             before
             ever
             he
             is
             Crowned
             .
          
        
         
           
             I.
             
          
           
             I
             will
             not
             deny
             ,
             but
             the
             Law
             is
             taken
             to
             be
             so
             at
             this
             day
             ;
             yet
             it
             is
             also
             as
             true
             ,
             that
             from
             the
             beginning
             it
             was
             not
             so
             ,
             as
             I
             have
             here
             sufficiently
             made
             out
             ;
             and
             yet
             for
             all
             this
             ,
             I
             can
             prove
             ,
             that
             tho
             the
             Succession
             to
             the
             Crown
             is
             now
             become
             Hereditary
             ,
             and
             so
             may
             alter
             the
             manner
             of
             acquiring
             it
             ,
             (
             and
             this
             for
             the
             avoiding
             of
             Contests
             between
             Competitors
             at
             Elections
             )
             yet
             notwithstanding
             this
             Hereditary
             Succession
             ,
             it
             does
             no
             ways
             alter
             the
             Conditions
             on
             which
             the
             Crown
             was
             at
             first
             conferred
             ,
             any
             more
             than
             if
             the
             
             Office
             of
             Lord
             High-Constable
             ,
             or
             Earl-Marshal
             of
             England
             ,
             having
             been
             at
             first
             granted
             for
             Life
             ,
             and
             being
             afterwards
             by
             subsequent
             Grants
             made
             Hereditary
             ,
             those
             that
             thus
             enjoyed
             them
             should
             have
             pretended
             that
             they
             were
             now
             no
             longer
             forfeitable
             for
             any
             Male-administration
             ,
             tho
             never
             so
             enormous
             .
             Now
             ,
             let
             us
             but
             apply
             the
             Case
             of
             those
             great
             Offices
             of
             Trust
             to
             that
             of
             Kingship
             ,
             which
             is
             certainly
             an
             Office
             of
             the
             highest
             Trust
             ,
             and
             then
             we
             may
             easily
             discover
             ,
             that
             whether
             it
             be
             for
             life
             ,
             or
             else
             entail'd
             to
             them
             ,
             and
             their
             Heirs
             ,
             they
             are
             still
             obliged
             by
             the
             first
             Contract
             of
             their
             Ancestors
             ,
             which
             is
             for
             memory
             sake
             still
             renewed
             at
             every
             King's
             Reign
             ;
             so
             that
             tho
             the
             manner
             of
             their
             Accession
             to
             the
             Crown
             be
             alter'd
             from
             what
             it
             was
             at
             first
             ,
             yet
             the
             Conditions
             on
             which
             it
             was
             first
             taken
             ,
             remain
             the
             same
             as
             long
             as
             the
             Oath
             it self
             continues
             ;
             so
             being
             renewed
             at
             every
             King's
             Reign
             .
             And
             hence
             it
             is
             ,
             that
             our
             Kings
             enjoy
             their
             Crowns
             ,
             be
             it
             for
             Life
             or
             Intail
             .
             Now
             it
             is
             certain
             ,
             that
             this
             Solemn
             Oath
             or
             Contract
             which
             was
             taken
             by
             the
             first
             King
             ,
             ought
             by
             Law
             to
             be
             renewed
             at
             the
             beginning
             of
             every
             King's
             Reign
             ;
             and
             hence
             it
             is
             ,
             that
             our
             Kings
             are
             not
             only
             bound
             by
             their
             own
             express
             Oaths
             or
             Contracts
             with
             their
             Subjects
             ,
             but
             also
             by
             the
             implied
             Oaths
             or
             Compacts
             of
             
             their
             Predecessors
             under
             whose
             Title
             they
             claim
             .
          
           
             And
             King
             Iames
             I.
             was
             so
             sensible
             of
             this
             double
             Contract
             ,
             that
             he
             expresly
             mentions
             it
             in
             one
             of
             his
             Speeches
             to
             1609.
             both
             Houses
             of
             Parliament
             ,
             where
             he
             very
             well
             distinguishes
             between
             both
             those
             Contracts
             ,
             telling
             them
             ,
             
               That
               a
               King
               in
               a
               setled
               Kingdom
               binds
               himself
               by
               a
               double
               Oath
               to
               the
               Observation
               of
               the
               Fundamental
               Laws
               of
               his
               Kingdom
               ,
               tacitly
               as
               being
               a
               King
               [
               that
               is
               claiming
               under
               his
               Ancestors
               ]
               and
               so
               bound
               to
               protect
               them
               as
               well
               as
               the
               Laws
               of
               his
               Kingdom
               ;
               and
               expresly
               by
               his
               own
               Oath
               at
               his
               Coronation
               :
               So
               as
               every
               Just
               King
               in
               a
               setled
               Kingdom
               is
               bound
               to
               observe
               that
               Paction
               or
               Covenant
               made
               to
               his
               People
               by
               his
               Laws
               ,
               in
               forming
               his
               Government
               agreable
               thereunto
               ,
               according
               to
               that
               Paction
               which
               God
               made
               to
               
                 Noah
                 ,
                 &c.
              
               
               And
               then
               goes
               on
               to
               tell
               them
               ,
               That
               therefore
               a
               King
               governing
               in
               a
               setled
               Kingdom
               ,
               leaves
               to
               be
               a
               King
               ,
               and
               degenerates
               into
               a
               Tyrant
               as
               soon
               as
               he
               leaves
               off
               to
               Rule
               according
               to
               his
               Laws
               .
               And
               then
               concludes
               ,
               That
               all
               Kings
               who
               are
               not
               Tyrants
               ,
               nor
               Perjured
               ,
               will
               be
               glad
               to
               bind
               themselves
               within
               the
               limits
               of
               their
               Laws
               ;
               and
               they
               that
               perswade
               them
               otherwise
               ,
               are
               the
               worst
               Vipers
               and
               Pests
               
               both
               against
               them
               ,
               and
               the
               Common-wealth
               .
            
          
           
             So
             that
             you
             see
             here
             by
             King
             
             Iames's
             own
             Concession
             ,
             that
             there
             are
             not
             only
             Fundamental
             Laws
             ,
             but
             an
             Original
             Contract
             (
             which
             he
             there
             calls
             a
             Paction
             or
             Covenant
             )
             to
             observe
             them
             from
             the
             time
             of
             the
             first
             King
             or
             Monarch
             to
             this
             day
             ,
             and
             that
             when
             he
             ceases
             to
             Govern
             according
             to
             this
             Compact
             (
             which
             he
             here
             calls
             his
             Laws
             )
             he
             then
             becomes
             a
             Tyrant
             .
          
        
         
           
             F.
             
          
           
             But
             I
             have
             heard
             some
             say
             ,
             That
             William
             the
             First
             ,
             after
             he
             had
             conquered
             England
             ,
             distributed
             almost
             all
             the
             Lands
             to
             his
             Norman
             and
             French
             Followers
             ;
             and
             that
             if
             there
             were
             any
             Original
             Contract
             ever
             entred
             into
             by
             the
             
               English
               Saxon
            
             Kings
             ,
             it
             was
             quite
             void
             upon
             the
             Conquerors
             obtaining
             the
             Crown
             ,
             and
             subduing
             all
             the
             People
             of
             this
             Nation
             ;
             so
             that
             whatever
             Liberties
             we
             now
             enjoy
             ,
             they
             were
             but
             the
             gracious
             Concessions
             of
             himself
             ,
             and
             his
             Successors
             ,
             without
             any
             such
             Original
             Compact
             .
          
        
         
           
             I.
             
          
           
             I
             confess
             it
             is
             so
             alledged
             by
             some
             high
             flying
             Gentlemen
             ,
             who
             ,
             if
             they
             could
             ,
             would
             make
             us
             all
             Slaves
             to
             the
             King
             's
             Absolute
             Will
             ;
             but
             without
             any
             just
             grounds
             
             in
             my
             Opinion
             ,
             since
             every
             one
             of
             their
             Suppositions
             are
             either
             false
             ,
             or
             built
             upon
             rotten
             Foundations
             .
             For
             in
             the
             first
             place
             ,
             a
             :
             Conquest
             in
             an
             Unjust
             War
             (
             as
             I
             have
             already
             proved
             )
             can
             confer
             no
             Right
             on
             the
             Conqueror
             over
             a
             free
             People
             ;
             and
             if
             this
             War
             were
             never
             so
             Just
             ,
             yet
             could
             not
             he
             thereby
             have
             acquired
             any
             Right
             over
             the
             whole
             Kingdom
             ,
             since
             the
             War
             was
             not
             made
             against
             the
             English
             Nation
             ,
             but
             Harold
             only
             ,
             who
             had
             usurped
             the
             Crown
             contrary
             to
             Right
             :
             so
             that
             King
             William
             could
             have
             no
             Right
             to
             it
             without
             the
             People's
             Consent
             in
             their
             Great
             Council
             or
             Parliament
             ,
             which
             most
             of
             the
             Historians
             of
             those
             times
             say
             he
             obtained
             ;
             but
             indeed
             ,
             King
             William
             (
             whom
             you
             call
             the
             Conqueror
             )
             never
             claimed
             by
             that
             Title
             ,
             but
             by
             the
             Donation
             or
             Testament
             of
             King
             Edward
             the
             Confessor
             ,
             and
             the
             Consent
             or
             Election
             of
             the
             People
             of
             England
             ,
             as
             all
             his
             English-Saxon
             Predecessors
             had
             done
             before
             him
             ;
             nor
             did
             he
             give
             all
             ,
             nor
             yet
             a
             third
             part
             of
             the
             Lands
             of
             England
             to
             his
             Norman
             Followers
             ,
             as
             you
             suppose
             ;
             or
             if
             he
             had
             ,
             would
             it
             do
             the
             business
             for
             which
             it
             is
             urged
             ,
             since
             his
             Norman
             and
             French
             Followers
             to
             whom
             he
             gave
             those
             Lands
             ,
             were
             never
             conquered
             ,
             but
             were
             (
             if
             any
             thing
             )
             the
             Conquerors
             of
             others
             ,
             and
             from
             them
             most
             of
             our
             Ancient
             English
             
             Nobility
             and
             Gentry
             are
             lineally
             descended
             ,
             or
             else
             claim
             under
             their
             Titles
             by
             Purchases
             ,
             Mariages
             ,
             &c.
             and
             so
             succeed
             to
             all
             their
             Rights
             and
             Priviledges
             .
             And
             at
             the
             worst
             ,
             supposing
             King
             William
             to
             have
             in
             some
             Cases
             governed
             Arbritrarily
             ,
             and
             like
             a
             Conqueror
             over
             the
             English
             ;
             this
             was
             not
             so
             ,
             till
             he
             was
             provoked
             to
             it
             by
             their
             frequent
             Plots
             and
             Conspiracies
             against
             him
             ;
             and
             yet
             even
             that
             was
             done
             contrary
             to
             his
             Coronation-Oath
             ,
             which
             was
             the
             same
             that
             all
             the
             Saxon
             Kings
             had
             taken
             before
             ,
             only
             with
             this
             Addition
             ,
             That
             he
             should
             govern
             as
             well
             his
             French
             as
             his
             English
             Subjects
             by
             
               equal
               Law
               or
               Right
            
             *
             so
             that
             his
             wilful
             Breach
             of
             this
             Oath
             could
             not
             give
             him
             ,
             or
             his
             Successors
             any
             just
             Right
             by
             the
             Sword
             over
             the
             Lives
             ,
             Estates
             ,
             or
             Liberties
             of
             any
             Englishman
             ,
             who
             had
             never
             fought
             against
             him
             ,
             nor
             offended
             his
             Laws
             .
             And
             tho
             I
             should
             grant
             that
             this
             King
             ,
             and
             his
             Son
             
               William
               Rufus
            
             ,
             governed
             his
             Norman
             ,
             as
             well
             as
             his
             English
             Subjects
             very
             Arbitrarily
             ,
             and
             contrary
             to
             his
             own
             Laws
             ;
             yet
             did
             his
             Brother
             ,
             King
             Henry
             1st
             ,
             make
             both
             his
             English
             and
             Norman
             Subjects
             large
             
             amends
             by
             the
             great
             Charter
             of
             their
             Ancient
             Liberties
             ,
             which
             he
             granted
             immediately
             after
             his
             Election
             to
             the
             Crown
             by
             the
             Chief
             Bishops
             ,
             Lords
             ,
             and
             Free-men
             of
             the
             Kingdom
             ;
             and
             upon
             which
             the
             great
             Charter
             of
             England
             ,
             renewed
             by
             King
             Iohn
             ,
             and
             afterwards
             confirmed
             by
             his
             Son
             ,
             Henry
             the
             3d
             ,
             were
             founded
             ,
             being
             but
             larger
             Explanations
             thereof
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             this
             is
             more
             than
             ever
             I
             knew
             before
             ;
             but
             what
             if
             a
             King
             of
             England
             (
             as
             King
             Iames
             lately
             did
             )
             will
             cease
             to
             govern
             like
             a
             legal
             or
             limited
             King
             ,
             and
             prove
             a
             Tyrant
             by
             breaking
             this
             original
             Compact
             ,
             which
             his
             Predecessors
             made
             with
             the
             people
             ,
             does
             it
             therefore
             follow
             that
             he
             may
             be
             resisted
             if
             he
             does
             ?
             or
             can
             he
             ever
             cease
             to
             be
             King
             ,
             or
             forfeit
             his
             Royal
             Dignity
             ,
             if
             he
             acts
             never
             so
             Tyrannically
             ?
             for
             sure
             if
             all
             resistance
             of
             his
             Power
             be
             unlawful
             ,
             as
             being
             so
             declared
             by
             several
             Acts
             of
             Parliament
             in
             King
             Charles
             the
             Second's
             Reign
             ,
             he
             can
             never
             cease
             to
             be
             King
             ,
             except
             he
             will
             wilfully
             turn
             himself
             out
             of
             the
             Throne
             .
          
        
         
           
             I.
             
          
           
             I
             am
             very
             well
             satisfied
             that
             those
             Acts
             you
             mention
             were
             only
             made
             upon
             this
             Supposition
             ,
             That
             the
             King
             would
             never
             violate
             the
             Fundamental
             Laws
             of
             the
             Kingdom
             ,
             by
             
             which
             he
             became
             King
             ,
             or
             go
             about
             to
             change
             the
             Constitution
             of
             the
             Government
             ;
             since
             that
             had
             been
             to
             give
             the
             King
             an
             Irresistible
             Power
             to
             make
             us
             all
             Slaves
             whenever
             he
             pleased
             ;
             so
             that
             our
             Religion
             ,
             Lives
             ,
             and
             Civil
             Liberties
             ,
             would
             lye
             not
             only
             at
             the
             King's
             mercy
             ,
             but
             at
             the
             mercy
             of
             those
             Ministers
             that
             govern
             him
             ;
             and
             therefore
             as
             it
             can
             never
             be
             supposed
             to
             have
             been
             the
             intent
             of
             that
             Parliament
             to
             tye
             up
             themselves
             ,
             and
             the
             whole
             people
             of
             this
             Nation
             to
             the
             King
             on
             such
             hard
             terms
             ;
             nay
             ,
             supposing
             that
             the
             Parliament
             had
             done
             it
             ,
             I
             do
             not
             think
             they
             had
             any
             right
             so
             to
             do
             ,
             since
             they
             were
             intrusted
             by
             those
             that
             chose
             them
             ,
             not
             to
             alter
             the
             Fundamental
             Constitution
             of
             the
             Government
             ,
             but
             to
             strengthen
             and
             confirm
             it
             ;
             so
             that
             if
             by
             this
             Act
             of
             Non-resistance
             the
             Government
             might
             easily
             be
             altered
             ,
             and
             the
             Legislative
             Power
             ,
             as
             well
             as
             that
             of
             raising
             Money
             ,
             may
             be
             taken
             out
             of
             the
             Power
             of
             the
             King
             ,
             and
             the
             Two
             Houses
             ,
             and
             should
             be
             put
             solely
             in
             the
             King's
             person
             ,
             the
             whole
             frame
             of
             the
             Government
             would
             not
             only
             be
             altered
             ,
             but
             actually
             dissolved
             ,
             and
             consequently
             Resistance
             in
             this
             case
             would
             not
             be
             a
             crime
             ,
             but
             a
             duty
             ;
             since
             Parliaments
             were
             instituted
             for
             the
             maintenance
             of
             the
             King
             's
             Legal
             ,
             and
             not
             Tyrannical
             Power
             ,
             and
             for
             preserving
             the
             people
             in
             that
             share
             of
             the
             Government
             ,
             which
             by
             the
             Fundamental
             
             Constitutions
             of
             the
             Kingdom
             belonged
             to
             them
             .
          
        
         
           
             F.
             
          
           
             But
             pray
             tell
             me
             ,
             Sir
             ,
             Is
             there
             any
             express
             Law
             for
             this
             Resistance
             ;
             for
             indeed
             I
             could
             never
             hear
             of
             any
             such
             ?
             and
             therefore
             ,
             I
             doubt
             ,
             that
             if
             those
             Noblemen
             and
             Gentlemen
             ,
             who
             went
             in
             lately
             to
             help
             his
             present
             Majesty
             ,
             when
             Prince
             of
             Orange
             ,
             had
             been
             taken
             Prisoners
             ,
             and
             himself
             defeated
             by
             the
             King's
             Army
             ;
             but
             they
             would
             have
             all
             of
             them
             been
             guilty
             of
             High
             Treason
             ,
             by
             the
             Statute
             of
             25
             of
             Edward
             the
             Third
             ;
             and
             sure
             it
             would
             have
             been
             no
             good
             Plea
             ,
             to
             be
             allowed
             by
             the
             Judges
             ,
             that
             they
             took
             not
             up
             Arms
             against
             the
             King
             of
             Government
             ,
             because
             the
             Government
             was
             dissolved
             by
             the
             King
             's
             exercising
             an
             Arbitrary
             Power
             .
          
        
         
           
             I.
             
          
           
             I
             would
             not
             argue
             with
             you
             what
             would
             have
             happened
             if
             the
             King
             had
             got
             the
             better
             ,
             and
             either
             taken
             the
             Prince
             of
             Orange
             prisoner
             or
             driven
             him
             out
             of
             the
             Kingdom
             ;
             for
             I
             never
             knew
             in
             all
             the
             Histories
             I
             have
             read
             ,
             but
             that
             a
             Prince
             ,
             who
             had
             the
             Armed
             Force
             of
             the
             Nation
             on
             his
             side
             ,
             could
             hang
             whom
             he
             pleased
             ;
             
             and
             will
             always
             find
             Judges
             and
             Jury-men
             enough
             ready
             to
             side
             with
             him
             in
             it
             ,
             as
             we
             have
             found
             by
             many
             late
             Examples
             .
          
           
             But
             this
             is
             no
             Argument
             for
             the
             Right
             or
             justice
             of
             such
             Proceedings
             ;
             for
             we
             know
             King
             Charles
             the
             First
             was
             tried
             and
             condemned
             by
             the
             Pretended
             Authority
             of
             the
             Rump
             Parliament
             ,
             notwithstanding
             ,
             his
             denying
             that
             they
             had
             any
             Authority
             over
             him
             ;
             and
             though
             it
             be
             true
             there
             is
             no
             express
             Act
             of
             Parliament
             to
             tell
             us
             when
             the
             Government
             is
             dissolved
             ,
             and
             when
             ,
             and
             in
             what
             case
             men
             may
             resist
             the
             King
             ,
             or
             those
             commissioned
             by
             him
             ;
             yet
             does
             it
             not
             follow
             that
             no
             such
             thing
             can
             ever
             be
             lawfully
             done
             ;
             for
             it
             is
             sufficiently
             proved
             from
             the
             reason
             and
             necessity
             of
             the
             thing
             it self
             ,
             though
             no
             express
             Law
             or
             Conditions
             be
             made
             for
             it
             ;
             which
             may
             be
             also
             observed
             in
             all
             Moral
             or
             Religious
             Promises
             or
             Contracts
             .
             Thus
             if
             I
             promise
             ,
             or
             swear
             to
             a
             man
             ,
             never
             upon
             any
             account
             whatsoever
             to
             beat
             or
             kill
             him
             ,
             this-is
             still
             so
             to
             be
             understood
             ,
             that
             he
             does
             not
             go
             about
             to
             beat
             ,
             or
             kill
             me
             ;
             for
             then
             my
             right
             of
             self-defence
             will
             take
             place
             ,
             
             notwithstanding
             my
             Oath
             :
             so
             when
             people
             are
             married
             ,
             they
             mutually
             promise
             each
             other
             to
             live
             together
             till
             death
             do
             part
             ,
             yet
             no
             man
             will
             say
             a
             man
             or
             woman
             commits
             a
             sin
             ,
             or
             breaks
             this
             solemn
             Promise
             ,
             if
             the
             former
             ,
             by
             reason
             of
             Adultery
             in
             the
             Wife
             ,
             or
             the
             latter
             ,
             by
             the
             extream
             Cruelty
             or
             Harshness
             of
             the
             Husband
             ,
             do
             separate
             from
             each
             other
             ,
             and
             that
             perhaps
             for
             ever
             .
          
           
             But
             I
             shall
             now
             shew
             you
             that
             there
             is
             a
             Resistance
             allowed
             even
             by
             the
             Law
             it self
             in
             some
             cases
             ,
             against
             those
             that
             have
             the
             King
             's
             personal
             Commission
             ,
             as
             may
             appear
             by
             this
             Instance
             .
             Suppose
             an
             Officer
             with
             a
             Company
             of
             Soldiers
             should
             under
             a
             colour
             of
             such
             a
             Commission
             take
             upon
             them
             to
             keep
             possession
             of
             a
             House
             ,
             contrary
             to
             Law
             ,
             do
             you
             not
             believe
             ,
             but
             the
             Sheriff
             may
             upon
             a
             legal
             Process
             issued
             out
             thereupon
             ,
             raise
             the
             
               Posse
               Comitatus
            
             ,
             and
             restore
             the
             Possession
             by
             Force
             to
             the
             Right
             Owner
             ,
             notwithstanding
             this
             Commission
             ;
             and
             the
             Reason
             is
             plain
             ,
             because
             though
             the
             Officer
             may
             have
             the
             King
             's
             personal
             Command
             for
             so
             doing
             ,
             yet
             it
             is
             the
             Sheriff
             alone
             who
             acts
             by
             a
             Legal
             Authority
             ,
             and
             who
             
             alone
             can
             justifie
             the
             using
             of
             this
             Force
             :
             Now
             if
             any
             man
             should
             be
             killed
             in
             this
             Action
             ,
             no
             doubt
             but
             the
             Officer
             and
             his
             Soldiers
             ,
             and
             not
             the
             Sheriff
             ,
             and
             the
             men
             that
             assisted
             him
             ,
             would
             be
             found
             guilty
             of
             murther
             .
          
        
         
           
             F.
             
          
           
             I
             grant
             this
             may
             be
             so
             ;
             but
             is
             not
             this
             the
             true
             reason
             of
             it
             ,
             because
             the
             Sheriff
             acts
             by
             the
             King
             's
             implyed
             Authority
             ,
             without
             which
             no
             man
             can
             lawfully
             take
             up
             Arms
             ?
             But
             how
             can
             this
             be
             justified
             ,
             in
             case
             Arms
             were
             taken
             up
             upon
             supposition
             the
             Government
             is
             Dissolved
             ,
             which
             is
             all
             one
             as
             to
             affirm
             ,
             That
             the
             King
             is
             no
             longer
             King
             ?
          
        
         
           
             I.
             
          
           
             I
             allow
             that
             great
             part
             of
             what
             you
             say
             is
             true
             ,
             but
             not
             all
             ;
             for
             in
             the
             first
             place
             it
             is
             plain
             ,
             that
             there
             is
             a
             Legal
             Resistance
             of
             those
             Commissions
             ,
             though
             issued
             by
             the
             King
             ,
             and
             which
             is
             justifiable
             by
             Law
             ,
             as
             appears
             by
             this
             instance
             ;
             which
             rule
             holds
             good
             as
             long
             as
             the
             Laws
             can
             be
             permitted
             to
             have
             their
             due
             course
             :
             But
             what
             if
             the
             King
             will
             not
             permit
             that
             they
             shall
             ,
             but
             will
             take
             part
             with
             this
             wicked
             Officer
             and
             his
             Soldiers
             ,
             and
             
             maintain
             them
             in
             these
             violent
             Actions
             ,
             and
             either
             not
             let
             the
             Law
             pass
             upon
             them
             ,
             or
             if
             it
             does
             ,
             should
             constantly
             Pardon
             them
             as
             soon
             as
             they
             had
             committed
             any
             such
             violent
             illegal
             Acts
             by
             his
             Commands
             contrary
             to
             Law
             ?
             Can
             any
             man
             believe
             that
             such
             Proceedings
             ,
             if
             commonly
             practiced
             ,
             would
             not
             quickly
             dissolve
             the
             Government
             ,
             and
             make
             such
             a
             King
             cease
             to
             be
             so
             ,
             since
             he
             refused
             to
             Govern
             and
             Protect
             his
             Subjects
             according
             to
             Law
             ,
             and
             his
             own
             Coronation
             Oath
             ,
             which
             virtually
             contains
             those
             Conditions
             on
             which
             he
             holds
             his
             Crown
             ?
             for
             when
             there
             is
             no
             Justice
             to
             be
             had
             in
             the
             Kings
             Courts
             ,
             it
             then
             becomes
             a
             meer
             Anarchy
             ,
             wherein
             there
             can
             be
             nothing
             but
             Rapine
             and
             Confusion
             ,
             and
             consequently
             puts
             men
             in
             a
             State
             of
             War.
             
          
        
         
           
             F.
             
          
           
             I
             have
             I
             know
             not
             what
             to
             say
             to
             this
             ;
             But
             can
             you
             shew
             me
             any
             express
             Law
             for
             the
             King
             's
             ceasing
             to
             be
             so
             ,
             in
             case
             he
             thus
             leave
             off
             to
             Protect
             his
             People
             ,
             and
             Govern
             them
             according
             the
             Laws
             of
             the
             Land
             ?
          
        
         
           
             I.
             
          
           
             Yes
             that
             I
             can
             ,
             for
             I
             can
             shew
             you
             a
             good
             old
             Law
             of
             King
             Edward
             
             the
             Confessor
             ,
             *
             which
             is
             also
             among
             those
             that
             were
             confirm'd
             by
             K.
             Will.
             I.
             whereby
             it
             is
             expresly
             declared
             ,
             
               That
               the
               King
               ,
               who
               is
               God's
               Lieutenant
               ,
               is
               appointed
               to
               this
               end
               ,
               That
               he
               defend
               his
               Kingdom
               and
               People
               ,
               and
               above
               all
               things
               Reverence
               his
               Holy
               Church
               ,
               and
               Defend
               it
               from
               Injuries
               ,
               and
               take
               away
               Wicked
               doers
               from
               it
               ;
               which
               unless
               he
               do
               ,
               not
               so
               much
               as
               the
               name
               of
               King
               shall
               remain
               to
               him
               ;
               
                 neo
                 nomen
                 Regis
                 in
                 eo
                 constabit
                 ,
              
            
             as
             it
             is
             in
             the
             Latine
             ;
             which
             is
             likewise
             confirmed
             by
             Bracton
             ,
             †
             an
             ancient
             Lawyer
             ,
             who
             tells
             us
             ,
             That
             it
             is
             the
             King's
             Crown
             or
             Authority
             to
             do
             Justice
             and
             Judgment
             ,
             and
             to
             maintain
             Peace
             ,
             without
             which
             (
             it
             follows
             )
             That
             this
             Crown
             or
             Authority
             
               cannot
               Consist
               ,
               or
               be
               retained
               :
            
             So
             in
             another
             place
             he
             says
             ,
             That
             it
             is
             not
             the
             King
             ,
             where
             only
             Will
             ,
             and
             not
             
               Law
               Governs
            
             ;
             and
             in
             another
             place
             he
             gives
             this
             reason
             for
             it
             ,
             
               Because
               the
               King
               was
               Elected
               to
               do
               Iustice
               to
               all
               men
               .
            
             Therefore
             when
             he
             thus
             abuses
             his
             
             Power
             ,
             and
             deviates
             from
             the
             main
             end
             of
             his
             Creation
             ,
             his
             Authority
             ceases
             ,
             or
             is
             at
             an
             End
             ;
             so
             that
             nothing
             seems
             plainer
             to
             me
             ,
             than
             that
             all
             our
             Ancient
             Laws
             and
             Lawyers
             have
             declared
             ,
             that
             a
             King
             who
             willfully
             Acts
             contrary
             to
             these
             known
             Laws
             of
             the
             Land
             ,
             by
             turning
             Tyrant
             ,
             and
             by
             endeavouring
             to
             alter
             the
             Ancient
             Constitution
             ,
             and
             by
             thus
             breaking
             his
             Contract
             above-mentioned
             ,
             looses
             or
             forfeits
             all
             his
             Regal
             Dignity
             and
             Power
             .
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             How
             can
             this
             be
             ,
             since
             our
             late
             Statutes
             declare
             the
             King
             not
             to
             be
             subject
             to
             any
             Coercive
             Power
             of
             the
             Two
             Houses
             of
             Parliament
             ?
          
        
         
           
             I.
             
          
           
             I
             grant
             the
             Law
             to
             be
             so
             now
             ;
             but
             from
             the
             beginning
             it
             was
             not
             so
             (
             as
             I
             said
             but
             now
             )
             ;
             many
             of
             the
             
               Saxon
               ▪
            
             Kings
             before
             the
             Conquest
             ,
             were
             Deposed
             by
             the
             great
             Council
             of
             the
             Kingdom
             ;
             and
             since
             that
             time
             King
             Edward
             and
             Richard
             the
             IId
             .
             were
             solemnly
             Deposed
             by
             Authority
             of
             Parliament
             ;
             and
             that
             proceedings
             against
             them
             were
             never
             expresly
             Condemned
             or
             repealed
             by
             any
             subsequent
             Statute
             
             that
             I
             know
             of
             ;
             but
             admit
             the
             Law
             is
             not
             so
             now
             ,
             does
             it
             not
             therefore
             follow
             ,
             that
             because
             the
             King
             is
             not
             Punishable
             ,
             nor
             Accountable
             to
             the
             Parliament
             ,
             that
             therefore
             he
             is
             wholly
             also
             Irresistable
             ,
             and
             can
             never
             fall
             from
             his
             Royal
             Dignity
             ,
             let
             him
             behave
             himself
             as
             he
             will
             towards
             his
             People
             ?
             for
             sure
             it
             is
             one
             thing
             to
             be
             accountable
             ,
             or
             Punishable
             by
             the
             Parliament
             as
             his
             Superior
             ,
             and
             another
             to
             be
             Disobeyed
             and
             Resisted
             by
             the
             whole
             Nation
             ,
             when
             it
             shall
             judge
             he
             has
             broken
             this
             Original
             Contract
             made
             by
             himself
             and
             his
             Predecessors
             ,
             in
             violating
             the
             Fundamental
             Laws
             and
             Constitutions
             of
             the
             Government
             ,
             by
             vertue
             of
             which
             he
             became
             King
             ;
             since
             the
             former
             course
             of
             Proceedings
             must
             be
             according
             to
             some
             Law
             ▪
             but
             for
             this
             there
             is
             no
             Law
             now
             extant
             ,
             but
             the
             contrary
             declared
             by
             several
             Statutes
             ;
             whereas
             Resistance
             in
             those
             cases
             I
             have
             now
             put
             upon
             a
             total
             breach
             of
             the
             Original
             .
             Contract
             ,
             is
             not
             only
             justifiable
             from
             the
             very
             Constitution
             of
             the
             Government
             ;
             but
             also
             from
             the
             Right
             of
             Nature
             ,
             viz.
             Self-defence
             ;
             whereby
             ,
             whoever
             violently
             Assaults
             me
             in
             Life
             ,
             Liberty
             ,
             or
             Estate
             ,
             I
             am
             justified
             in
             Defending
             my self
             against
             him
             ;
             for
             otherwise
             
             any
             Right
             were
             wholely
             insignificant
             ,
             if
             it
             might
             not
             be
             Defended
             by
             Force
             ,
             when
             endeavoured
             by
             Force
             to
             be
             taken
             away
             .
          
        
         
           
             F.
             
          
           
             But
             methinks
             this
             seems
             hard
             ,
             and
             of
             evil
             consequence
             ?
             to
             take
             this
             Power
             of
             Judging
             the
             King's
             Actions
             ,
             whether
             Legal
             or
             not
             ,
             out
             of
             the
             Parliament
             ,
             and
             to
             place
             it
             in
             the
             diffusive
             Body
             of
             the
             whole
             Nation
             ,
             whereby
             we
             of
             the
             high
             shoos
             would
             be
             made
             as
             capable
             of
             Judging
             when
             this
             Original
             ▪
             Contract
             is
             broken
             ,
             as
             the
             best
             Gentleman
             of
             you
             all
             ;
             which
             ,
             the
             temper
             of
             the
             meaner
             and
             beggarly
             sort
             of
             People
             considered
             ,
             seems
             very
             dangerous
             ,
             since
             this
             would
             give
             them
             a
             Right
             to
             Rebel
             ,
             and
             take
             Arms
             whenever
             they
             had
             a
             mind
             to
             it
             ,
             as
             I
             have
             read
             in
             our
             Chronicles
             they
             did
             in
             Richard
             the
             IId
             .
             and
             Henry
             the
             VIth
             .
             and
             Henry
             the
             VIIth's
             time
             ;
             and
             as
             they
             did
             lately
             in
             Plundering
             ,
             Pulling
             down
             ,
             and
             Burning
             Popish
             Gentlemen's
             Houses
             ,
             &c.
             
          
        
         
           
             I.
             
          
           
             You
             very
             much
             mistake
             me
             ,
             for
             I
             do
             not
             put
             this
             power
             of
             Judging
             any
             where
             ,
             but
             where
             it
             ever
             was
             ,
             much
             less
             to
             give
             a
             Power
             of
             taking
             
             up
             Arms
             ,
             and
             raising
             Rebellion
             to
             the
             Mob
             ,
             or
             most
             common
             sort
             of
             People
             ;
             but
             first
             to
             shew
             you
             ,
             that
             every
             man
             in
             his
             several
             Station
             ,
             and
             at
             his
             Peril
             ,
             is
             to
             judge
             of
             the
             Legality
             and
             Illegality
             of
             the
             King's
             Commissions
             ,
             or
             Proclamations
             :
             Pray
             let
             me
             ask
             you
             this
             question
             ,
             Suppose
             that
             the
             King
             grants
             a
             Commission
             to
             certain
             of
             us
             Country
             Gentlemen
             ,
             to
             raise
             a
             Tax
             contrary
             to
             Law
             ,
             are
             we
             obliged
             to
             Obey
             it
             ,
             or
             not
             ?
          
        
         
           
             F.
             
          
           
             No
             sure
             ,
             you
             are
             not
             ,
             because
             you
             should
             be
             Punished
             ,
             not
             only
             in
             Parliament
             ,
             but
             at
             Common
             Law
             ,
             if
             you
             did
             .
          
        
         
           
             I.
             
          
           
             Well
             then
             ,
             it
             seems
             that
             we
             Justices
             and
             Deputy-Lieutenants
             may
             judge
             in
             this
             Case
             ,
             but
             ,
             pray
             tell
             me
             ,
             suppose
             we
             should
             notwithstanding
             order
             this
             Tax
             to
             be
             levied
             ,
             and
             you
             were
             High-Constable
             of
             the
             Hundred
             ,
             Do
             you
             think
             your self
             obliged
             blindly
             to
             obey
             our
             Orders
             ,
             being
             so
             Notoriously
             contrary
             to
             Laws
             ?
          
        
         
           
             F.
             
          
           
             I
             think
             truly
             I
             should
             not
             ,
             but
             should
             plainly
             tell
             your
             Worships
             ,
             that
             I
             was
             not
             obliged
             either
             by
             Law
             or
             
             in
             Conscience
             to
             have
             any
             hand
             in
             oppressing
             my self
             and
             my
             Neighbours
             ,
             and
             should
             desire
             you
             to
             put
             this
             ungrateful
             Task
             upon
             some
             Body
             else
             ,
             since
             I
             thought
             my self
             liable
             to
             be
             called
             to
             Account
             one
             time
             or
             other
             ,
             if
             I
             did
             it
             .
          
        
         
           
             I.
             
          
           
             Very
             well
             ;
             but
             if
             you
             and
             the
             other
             High-Constable
             of
             the
             Country
             should
             agree
             with
             us
             Justices
             to
             raise
             this
             Tax
             ,
             Do
             you
             think
             the
             Petty-Constables
             and
             Assessors
             were
             obliged
             to
             act
             by
             this
             New
             Commission
             contrary
             to
             Law
             ?
          
        
         
           
             F.
             
          
           
             I
             do
             not
             think
             that
             if
             we
             High-Constables
             should
             be
             such
             Fools
             and
             Knaves
             ,
             the
             Petty-Constables
             and
             Assessors
             were
             obliged
             to
             be
             so
             too
             .
          
        
         
           
             I.
             
          
           
             Well
             then
             ,
             you
             see
             that
             not
             only
             we
             Gentlemen
             ,
             but
             you
             Yeomen
             can
             judge
             ,
             (
             nay
             ,
             are
             obliged
             at
             your
             Perils
             to
             do
             it
             )
             when
             things
             are
             imposed
             upon
             you
             contrary
             to
             Law
             ;
             nay
             ,
             and
             to
             refuse
             to
             execute
             them
             too
             .
          
        
         
           
             F.
             
          
           
             I
             grant
             all
             this
             is
             true
             ,
             but
             this
             is
             not
             Resistance
             by
             force
             ;
             but
             I
             suppose
             
             you
             Gentlemen
             would
             count
             it
             downright
             Rebellion
             in
             us
             Country-Fellows
             ,
             if
             you
             should
             tell
             us
             such
             a
             Tax
             already
             imposed
             was
             according
             to
             Law
             ;
             and
             we
             should
             be
             so
             far
             from
             paying
             it
             ,
             as
             to
             raise
             the
             Country
             ,
             and
             fall
             upon
             you
             Commissioners
             that
             went
             about
             to
             raise
             it
             by
             distraining
             or
             imprisoning
             the
             Refusers
             .
          
        
         
           
             I.
             
          
           
             By
             your
             favour
             ,
             Neighbour
             ,
             your
             very
             Refusal
             to
             levy
             this
             Tax
             is
             a
             Civil
             Resistance
             ;
             since
             all
             Disobedience
             to
             the
             Command
             of
             Superiors
             is
             so
             ,
             as
             proceeding
             from
             a
             Right
             that
             those
             that
             disobey
             suppose
             they
             have
             of
             judging
             of
             the
             Legality
             or
             Illegality
             of
             such
             Commands
             ;
             but
             as
             for
             forceable
             Resistance
             ,
             though
             I
             do
             not
             allow
             it
             to
             you
             ,
             or
             any
             man
             else
             ,
             as
             long
             as
             no
             Force
             is
             used
             against
             them
             ,
             yet
             so
             much
             let
             me
             tell
             you
             ,
             that
             if
             we
             Deputy-Lieutenants
             and
             Justices
             of
             the
             Peace
             ,
             should
             ever
             be
             so
             foolishly
             wicked
             as
             to
             take
             upon
             us
             to
             assist
             the
             King
             by
             the
             power
             of
             the
             Trainbands
             ,
             or
             a
             standing
             Army
             ,
             to
             levy
             any
             Tax
             without
             Act
             of
             Parliament
             ,
             or
             colour
             of
             Law
             at
             least
             ,
             but
             that
             not
             only
             you
             of
             this
             County
             ,
             but
             of
             all
             the
             Counties
             in
             England
             ,
             might
             lawfully
             stand
             upon
             your
             defence
             ,
             and
             
             resist
             this
             Rapine
             and
             Violence
             ;
             since
             if
             this
             were
             once
             permitted
             ,
             it
             would
             in
             a
             moment
             alter
             the
             Constitution
             of
             the
             Government
             in
             a
             main
             Fundamental
             Point
             .
             The
             like
             I
             may
             say
             of
             any
             other
             matter
             of
             the
             same
             nature
             ,
             if
             it
             should
             be
             imposed
             upon
             you
             by
             Force
             ,
             contrary
             to
             Law
             ,
             that
             is
             ,
             contrary
             to
             ,
             or
             without
             any
             Act
             of
             Parliament
             to
             warrant
             it
             .
          
           
             Nor
             would
             this
             justify
             all
             the
             Rebellions
             you
             mention
             to
             have
             been
             raised
             by
             the
             Common
             People
             in
             those
             several
             Kings
             Reigns
             ;
             since
             those
             were
             raised
             upon
             levying
             of
             Taxes
             imposed
             by
             the
             King
             and
             Parliament
             ,
             which
             is
             the
             sole
             Supreme
             Legislative
             Power
             of
             the
             Nation
             ,
             where
             I
             grant
             it
             is
             Rebellion
             to
             resist
             ;
             whereas
             that
             Resistance
             ,
             which
             I
             only
             now
             suppose
             to
             be
             Lawful
             ,
             is
             against
             the
             King's
             personal
             Commands
             or
             Commissions
             in
             opposition
             to
             known
             Laws
             ,
             which
             is
             not
             to
             resist
             the
             Supreme
             Power
             of
             the
             Nation
             ,
             but
             only
             the
             King's
             Person
             ,
             when
             he
             acts
             not
             as
             King
             ,
             but
             as
             a
             private
             man.
             
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             is
             not
             this
             to
             separate
             the
             King
             's
             Personal
             ,
             from
             his
             Politick
             Capacity
             ,
             to
             suppose
             the
             man
             may
             
             be
             resisted
             ,
             and
             not
             the
             King
             ;
             or
             the
             King
             's
             Personal
             ,
             but
             not
             his
             Legal
             Commissions
             or
             Commands
             ?
             for
             to
             do
             this
             ,
             I
             have
             heard
             ,
             has
             been
             declared
             to
             be
             Treason
             ?
          
        
         
           
             I.
             
          
           
             This
             is
             also
             justifiable
             by
             Law
             in
             some
             Cases
             ;
             for
             if
             the
             King
             should
             happen
             to
             prove
             mad
             ,
             (
             as
             divers
             Kings
             have
             )
             pray
             do
             not
             his
             Servants
             about
             him
             hold
             or
             tie
             the
             Madman
             ,
             and
             yet
             how
             can
             they
             do
             this
             ,
             without
             binding
             the
             King
             ?
             And
             ,
             pray
             tell
             me
             ,
             what
             difference
             is
             there
             between
             Madness
             ,
             which
             is
             a
             Natural
             Disability
             and
             Tyranny
             ,
             which
             is
             a
             moral
             incapacity
             to
             govern
             ?
             since
             both
             are
             alike
             destructive
             to
             the
             Common
             Good
             of
             the
             Nation
             .
             And
             when
             you
             suppose
             we
             may
             lawfully
             disobey
             the
             King's
             personal
             Commands
             ,
             what
             do
             we
             but
             then
             by
             disobeying
             the
             King
             ,
             distinguish
             between
             the
             King
             's
             politick
             and
             his
             personal
             Capacity
             ;
             that
             is
             ,
             when
             he
             acts
             legally
             as
             King
             ,
             and
             when
             he
             issues
             out
             his
             Commissions
             or
             Commands
             ,
             without
             any
             Law
             to
             warrant
             him
             ?
             or
             else
             when
             the
             Persons
             commissioned
             are
             made
             by
             Law
             incapable
             of
             the
             King's
             Commissions
             ,
             as
             the
             Popish
             Officers
             lately
             were
             ?
             since
             otherwise
             we
             were
             all
             obliged
             to
             yield
             the
             
             same
             Obedience
             to
             the
             one
             as
             well
             as
             to
             the
             other
             .
          
           
             Nor
             is
             it
             at
             all
             harder
             ,
             but
             much
             easier
             to
             judge
             ,
             when
             such
             Commissions
             or
             Commands
             are
             attended
             with
             Force
             and
             Violence
             ,
             and
             when
             they
             are
             not
             ;
             since
             certainly
             every
             plain
             Country-Fellow
             can
             much
             better
             tell
             ,
             when
             a
             thing
             contrary
             to
             Law
             ,
             is
             put
             upon
             or
             exacted
             of
             him
             by
             Force
             ,
             than
             when
             it
             is
             only
             barely
             commanded
             or
             required
             of
             him
             by
             a
             Commission
             or
             Proclamation
             ;
             seeing
             the
             latter
             only
             reaches
             the
             Understanding
             ,
             but
             the
             former
             not
             only
             touches
             the
             Understanding
             ,
             but
             the
             outward
             Senses
             of
             Hearing
             ,
             Seeing
             and
             Feeling
             ▪
             To
             conclude
             ,
             I
             would
             not
             have
             you
             therefore
             believe
             that
             I
             allow
             this
             general
             Resistance
             to
             the
             whole
             Nation
             ,
             but
             only
             when
             by
             a
             General
             Violation
             of
             our
             Fundamental
             Liberties
             ,
             the
             whole
             Constitution
             of
             the
             Government
             comes
             to
             be
             in
             danger
             of
             an
             utter
             Ruine
             and
             Subversion
             ,
             by
             breach
             of
             the
             Original
             Contract
             abovementioned
             :
             and
             that
             these
             Violations
             and
             Oppressions
             do
             some
             way
             or
             other
             concern
             the
             whole
             Body
             of
             the
             People
             of
             this
             Nation
             ,
             that
             is
             ,
             all
             Orders
             and
             Degrees
             of
             men
             ,
             and
             then
             only
             (
             and
             not
             till
             then
             )
             I
             look
             upon
             such
             a
             general
             Resistance
             of
             the
             King
             ,
             and
             those
             
             commissioned
             by
             him
             to
             be
             lawful
             ;
             that
             is
             ,
             when
             all
             other
             Remedies
             are
             become
             absolutely
             desperate
             and
             impracticable
             ,
             thro'
             the
             King's
             wilful
             Obstinacy
             to
             amend
             such
             Violations
             .
          
        
         
           
             F.
             
          
           
             I
             grant
             this
             seems
             very
             reasonable
             ,
             but
             pray
             tell
             me
             what
             those
             grand
             Violations
             are
             ,
             that
             can
             thus
             alter
             the
             Fundamental
             Constitution
             of
             the
             Government
             ,
             and
             can
             make
             a
             total
             breach
             of
             this
             Original
             Contract
             ?
          
        
         
           
             I.
             
          
           
             They
             do
             ,
             I
             conceive
             ,
             consist
             but
             in
             a
             few
             Points
             ,
             and
             they
             are
             these
             .
          
           
             First
             ,
             If
             the
             King
             should
             take
             upon
             him
             to
             make
             Laws
             ,
             either
             concerning
             Religion
             ,
             or
             Civil
             Matters
             ,
             and
             to
             impose
             then
             upon
             the
             People
             without
             their
             Consent
             in
             Parliament
             .
          
           
             Secondly
             ,
             If
             he
             take
             upon
             him
             to
             dispense
             with
             all
             Laws
             ,
             and
             especially
             when
             his
             hands
             are
             tied
             up
             ,
             by
             a
             particular
             Clause
             to
             the
             contrary
             ,
             that
             he
             shall
             not
             so
             dispense
             with
             them
             .
          
           
             Thirdly
             ,
             If
             he
             take
             upon
             him
             of
             his
             own
             head
             ,
             without
             the
             Advice
             or
             Opinion
             of
             his
             Judges
             ,
             to
             raise
             Money
             upon
             the
             Nation
             :
             Or
             ,
          
           
           
             Fourthly
             ,
             If
             he
             corrupt
             the
             Judges
             to
             give
             their
             Opinions
             according
             to
             his
             humour
             ,
             either
             by
             promising
             of
             Rewards
             ,
             or
             threatning
             them
             if
             they
             refuse
             ;
             and
             will
             put
             none
             into
             those
             places
             ,
             who
             will
             not
             do
             whatever
             he
             commands
             them
             ,
             or
             turns
             them
             out
             as
             soon
             as
             they
             act
             otherwise
             .
          
           
             Fifthly
             ,
             If
             he
             go
             about
             to
             alter
             the
             ancient
             Constitution
             of
             Parliaments
             ,
             and
             bring
             the
             Election
             of
             the
             Members
             of
             the
             House
             of
             Commons
             ,
             only
             into
             the
             hands
             of
             those
             of
             his
             own
             Party
             or
             Opinion
             ,
             whereby
             our
             Liberty
             of
             Electing
             and
             Voting
             by
             our
             Lawful
             Representatives
             would
             be
             quite
             taken
             away
             .
             The
             like
             I
             may
             also
             say
             of
             the
             House
             of
             Peers
             ,
             if
             he
             should
             go
             by
             Force
             either
             to
             exclude
             the
             Bishops
             or
             Temporal
             Lords
             ,
             who
             have
             a
             Right
             of
             sitting
             there
             by
             Prescription
             ;
             and
             should
             ,
             under
             pretence
             of
             his
             Prerogative
             ,
             bring
             such
             as
             had
             no
             Right
             to
             sit
             there
             at
             all
             .
          
           
             
               Sixthly
               ,
               and
               lastly
            
             ,
             If
             he
             should
             go
             about
             commonly
             or
             generally
             ,
             to
             take
             away
             the
             Subjects
             Lives
             ,
             Liberties
             or
             Estates
             ,
             by
             an
             Arbitrary
             Power
             ,
             contrary
             
             to
             Law
             ,
             upon
             pretended
             Crimes
             ,
             and
             without
             such
             due
             Trial
             as
             the
             Law
             requires
             .
          
           
             Now
             I
             think
             you
             cannot
             but
             acknowledge
             ,
             that
             most
             (
             if
             not
             all
             )
             of
             these
             Heads
             ,
             are
             easily
             to
             be
             judged
             of
             by
             all
             the
             People
             of
             England
             ,
             when
             they
             are
             come
             to
             that
             extremity
             that
             we
             can
             have
             no
             reason
             to
             doubt
             of
             it
             .
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             tell
             me
             who
             shall
             judge
             of
             these
             Violations
             ,
             or
             what
             number
             may
             be
             allowed
             to
             rise
             and
             redress
             them
             ?
          
        
         
           
             I.
             
          
           
             The
             Judges
             are
             ,
             I
             told
             you
             before
             ,
             the
             whole
             Body
             of
             the
             Nation
             or
             People
             ,
             every
             one
             in
             his
             private
             Capacity
             ;
             that
             is
             ,
             not
             the
             Clergy
             alone
             ,
             or
             the
             Lords
             alone
             ,
             or
             the
             *
             less
             Nobility
             or
             Gentry
             ,
             and
             much
             less
             you
             Yeomen
             ,
             or
             landed
             men
             ,
             and
             least
             of
             all
             the
             meer
             Rabble
             or
             Mob
             ,
             but
             all
             men
             of
             all
             Orders
             and
             Conditions
             taken
             together
             ;
             and
             as
             for
             the
             number
             ,
             it
             is
             any
             ,
             though
             never
             so
             small
             ,
             that
             are
             able
             to
             make
             a
             head
             till
             more
             can
             come
             into
             their
             Assistance
             .
          
        
         
           
           
             F.
             
          
           
             But
             would
             not
             a
             Free
             Parliament
             be
             a
             much
             better
             Judge
             of
             these
             Violalations
             ,
             than
             this
             general
             Body
             of
             the
             People
             ?
          
        
         
           
             I.
             
          
           
             I
             grant
             it
             ,
             if
             a
             Parliament
             may
             be
             had
             that
             were
             free
             and
             unbiass'd
             ;
             but
             what
             if
             the
             King
             resolves
             not
             to
             call
             any
             ?
             or
             ,
             if
             he
             does
             ,
             will
             not
             give
             them
             leave
             to
             sit
             till
             they
             have
             redrest
             our
             Grievances
             ?
             Or
             ,
             what
             if
             he
             will
             not
             call
             one
             ,
             till
             he
             thinks
             he
             can
             make
             or
             pack
             it
             according
             to
             his
             own
             mind
             ?
             The
             Nation
             may
             at
             this
             rate
             be
             enslaved
             as
             much
             ,
             nay
             worse
             ,
             by
             having
             the
             appearance
             of
             a
             Parliament
             to
             confirm
             the
             King's
             Arbitrary
             Power
             ,
             than
             if
             he
             had
             acted
             by
             none
             at
             all
             ;
             so
             that
             in
             these
             Cafes
             there
             can
             be
             no
             other
             Remedy
             left
             us
             ,
             but
             an
             Appeal
             to
             the
             General
             Body
             of
             the
             People
             ,
             with
             whom
             that
             Original
             Contract
             I
             mentioned
             was
             at
             first
             made
             ;
             not
             but
             that
             a
             Free
             Parliament
             or
             Convention
             ,
             when
             ever
             it
             can
             meet
             ,
             may
             be
             of
             excellent
             use
             to
             examine
             what
             the
             People
             (
             who
             thus
             take
             up
             Arms
             )
             have
             acted
             in
             defence
             of
             their
             just
             Rights
             and
             Liberties
             ,
             and
             to
             judge
             and
             declare
             it
             to
             have
             been
             well
             or
             ill
             done
             ,
             and
             upon
             what
             grounds
             ;
             and
             this
             hath
             been
             the
             course
             
             of
             all
             Parliaments
             that
             have
             been
             called
             immediately
             after
             any
             great
             and
             general
             Resistance
             or
             Revolution
             ,
             made
             upon
             the
             Accounts
             abovementioned
             .
             This
             I
             could
             prove
             to
             you
             from
             several
             Instances
             in
             divers
             Kings
             Reigns
             since
             the
             Conquest
             ,
             were
             it
             worth
             my
             pains
             ;
             but
             still
             in
             all
             those
             Cases
             the
             first
             opposition
             hath
             been
             from
             the
             great
             Body
             of
             the
             Clergy
             ,
             Nobility
             and
             People
             together
             ,
             as
             you
             may
             particularly
             read
             in
             the
             Reign
             of
             King
             Iohn
             ,
             not
             long
             before
             the
             great
             Council
             at
             
               Runney
               Mead.
            
             
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             can
             you
             also
             justify
             those
             Lords
             and
             Gentlemen
             who
             took
             up
             Arms
             ,
             and
             declared
             for
             the
             Prince
             of
             Orange
             ;
             and
             also
             those
             Lords
             ,
             together
             with
             the
             Officers
             and
             Soldiers
             ,
             who
             deserted
             the
             King
             ,
             and
             went
             into
             the
             Prince's
             Army
             ?
             Pray
             ,
             Sir
             ,
             did
             you
             look
             upon
             the
             Government
             to
             be
             then
             actually
             dissolved
             when
             they
             went
             in
             to
             him
             ,
             and
             that
             the
             King
             ,
             by
             the
             breach
             of
             the
             Original
             Contract
             ,
             was
             then
             no
             longer
             King
             ?
          
        
         
           
             I.
             
          
           
             I
             do
             not
             say
             so
             ;
             for
             though
             those
             Violations
             ,
             if
             obstinately
             persisted
             in
             without
             amendment
             ,
             were
             enough
             to
             create
             such
             a
             Dissolution
             ,
             and
             consequently
             a
             
             Forfeiture
             of
             the
             Crown
             ,
             as
             they
             wrought
             at
             the
             last
             ;
             yet
             the
             Government
             can
             never
             be
             dissolved
             ,
             so
             long
             as
             there
             remain
             any
             hopes
             that
             the
             King
             will
             amend
             those
             Violations
             he
             has
             made
             ,
             in
             a
             Free
             Parliament
             ;
             for
             the
             obtaining
             of
             which
             ,
             as
             it
             was
             the
             chief
             cause
             of
             his
             Highness's
             coming
             over
             ,
             so
             was
             it
             also
             of
             those
             Lords
             ,
             Gentlemen
             and
             Officers
             going
             in
             to
             him
             ,
             or
             declaring
             for
             him
             :
             and
             this
             ,
             I
             think
             ,
             they
             may
             very
             well
             justify
             both
             in
             Honour
             and
             Conscience
             .
             And
             though
             there
             be
             no
             express
             Law
             for
             it
             ,
             yet
             it
             is
             no
             more
             than
             what
             the
             Nobility
             ,
             Gentry
             and
             People
             of
             other
             Kingdoms
             as
             well
             as
             this
             ,
             have
             many
             times
             done
             before
             in
             former
             Ages
             ,
             when
             their
             Kings
             being
             misled
             and
             deluded
             by
             evil
             Councellors
             or
             Ministers
             of
             State
             ,
             have
             made
             the
             like
             Breaches
             upon
             their
             Liberties
             .
             And
             though
             I
             confess
             such
             taking
             up
             of
             Arms
             have
             not
             always
             met
             with
             the
             desired
             Success
             ,
             yet
             for
             the
             most
             part
             they
             have
             ,
             and
             then
             such
             wicked
             Judges
             and
             Councellors
             have
             not
             failed
             to
             be
             punished
             ,
             and
             those
             Lords
             ,
             Gentlemen
             and
             others
             ,
             who
             so
             nobly
             and
             stoutly
             stood
             up
             for
             the
             Rights
             and
             Liberties
             of
             the
             Nation
             have
             been
             also
             pardoned
             by
             Act
             of
             Parliament
             ,
             and
             that
             with
             the
             King
             's
             own
             
             consent
             ,
             when
             those
             wicked
             men
             were
             once
             removed
             ;
             but
             the
             King
             himselff
             was
             never
             touched
             ,
             till
             by
             his
             own
             wilful
             and
             obstinate
             persisting
             in
             such
             violent
             courses
             ,
             he
             let
             the
             Nation
             see
             that
             he
             was
             wholely
             irreclaimable
             ,
             and
             obstinately
             bent
             to
             destroy
             our
             Liberties
             ,
             and
             set
             up
             Arbitrary
             Government
             and
             Tyranny
             in
             this
             Kingdom
             ,
             as
             I
             could
             shew
             you
             from
             several
             Instances
             in
             the
             Reigns
             of
             King
             
               Iohn
               ,
               Henry
            
             III.
             Edward
             I.
             and
             Richard
             II.
             if
             it
             were
             necessary
             to
             give
             you
             a
             particular
             History
             of
             all
             those
             Transactions
             ;
             so
             that
             I
             suppose
             a
             twofold
             Right
             of
             Resistance
             in
             the
             People
             ,
             the
             one
             warranted
             by
             the
             Laws
             and
             Constitution
             of
             the
             Government
             ,
             which
             may
             well
             consist
             with
             our
             Loyalty
             to
             the
             King
             ,
             and
             to
             the
             intent
             only
             to
             obtain
             a
             Free
             Parliament
             ,
             to
             redress
             Grievances
             ,
             and
             punish
             those
             evil
             Councellors
             who
             have
             been
             the
             chief
             Ministers
             and
             Designers
             of
             Arbitrary
             Power
             ,
             as
             in
             the
             Case
             of
             King
             Iames
             before
             his
             departure
             ;
             the
             other
             Natural
             ,
             when
             the
             Government
             by
             the
             King
             's
             wilful
             and
             obstinate
             refusal
             to
             redress
             such
             Grievances
             ,
             by
             ceasing
             to
             govern
             us
             according
             to
             Law
             ,
             he
             thereby
             also
             ceases
             to
             be
             King
             ;
             and
             then
             the
             Commonwealth
             or
             Civil
             Society
             being
             without
             a
             Head
             to
             execute
             
             Common
             Justice
             ,
             was
             absolutely
             dissolved
             .
          
        
         
           
             F.
             
          
           
             What
             then
             is
             meant
             by
             these
             words
             in
             the
             late
             Vote
             and
             Declaration
             of
             the
             Convention
             ,
             viz.
             
               That
               King
            
             James
             
               having
               withdrawn
               himself
               out
               of
               the
               Kingdom
               ,
               hath
            
             abdicated
             
               the
               Government
            
             ?
             Do
             you
             believe
             that
             the
             King
             's
             bare
             delertion
             of
             the
             Kingdom
             ,
             when
             he
             declared
             he
             could
             not
             help
             it
             should
             be
             looked
             upon
             as
             in
             Abdication
             of
             the
             Government
             .
             methinks
             that
             seems
             somewhat
             hard
             to
             conceive
             .
          
        
         
           
             I.
             
          
           
             To
             deal
             freely
             with
             you
             ,
             I
             never
             understood
             the
             word
             Abdicate
             in
             that
             Sense
             ,
             but
             only
             according
             to
             all
             the
             precedent
             Clauses
             in
             this
             Vote
             ,
             viz.
             
          
           
             
               That
               the
               King
               ,
               by
               endeavouring
               to
               break
               the
               Original
               Contract
               ,
               between
               the
               King
               and
               his
               People
               ,
               and
               by
               the
               Advice
               of
               Iesuits
               and
               wicked
               Persons
               ,
               having
               violated
               the
               Fundamental
               Laws
               ,
               and
               having
               withdrawn
               himself
               out
               of
               this
               Kingdom
               ,
               hath
            
             abdicated
             
               the
               Government
            
             .
          
           
             Where
             you
             may
             observe
             that
             the
             word
             Abdicated
             ,
             relates
             to
             all
             the
             Clauses
             aforegoing
             ,
             as
             well
             as
             to
             his
             deserting
             the
             
             Kingdom
             ,
             or
             else
             they
             would
             have
             been
             wholely
             in
             vain
             ;
             so
             that
             the
             meaning
             of
             this
             word
             in
             this
             place
             is
             no
             more
             ,
             than
             that
             King
             Iames
             ,
             by
             violating
             the
             Original
             Contract
             abovementioned
             ,
             and
             by
             endeavouring
             to
             subvert
             the
             Fundamental
             Constitution
             ,
             and
             by
             refusing
             to
             restore
             it
             to
             its
             former
             Condition
             ,
             (
             all
             which
             was
             expressed
             by
             his
             withdrawing
             himself
             out
             of
             the
             Kingdom
             )
             hath
             abdicated
             the
             Government
             ;
             that
             is
             ,
             by
             refusing
             to
             govern
             us
             according
             to
             that
             Law
             by
             which
             he
             held
             the
             Crown
             ,
             he
             hath
             implicitly
             renounced
             his
             Title
             to
             it
             ;
             as
             when
             ,
             for
             example
             ,
             a
             Tenant
             for
             Life
             aliens
             in
             Fee
             ,
             though
             he
             take
             back
             from
             the
             Grantee
             a
             Lease
             for
             Life
             or
             Years
             ,
             yet
             he
             thereby
             forfeits
             his
             Estate
             ,
             and
             the
             Tenant
             in
             Reversion
             may
             enter
             ;
             and
             the
             reason
             is
             ,
             because
             he
             parts
             with
             that
             Estate
             which
             he
             held
             by
             Law
             ,
             and
             will
             hold
             by
             another
             Title
             which
             the
             Law
             doth
             not
             allow
             ;
             for
             abdicare
             in
             the
             Latin
             Tongue
             ,
             signifies
             no
             more
             than
             to
             renounce
             ,
             or
             disclaim
             ,
             as
             I
             could
             shew
             you
             from
             divers
             Phrases
             in
             that
             Language
             ,
             were
             you
             a
             Scholar
             good
             enough
             to
             understand
             them
             ;
             and
             this
             may
             be
             done
             by
             divers
             other
             means
             ,
             besides
             express
             words
             :
             For
             if
             Kingship
             be
             a
             Trust
             for
             the
             preservation
             of
             the
             Rights
             and
             Liberties
             
             of
             the
             People
             ,
             than
             such
             Actings
             contrary
             to
             that
             Trust
             as
             plainly
             strike
             at
             the
             very
             Fundamentals
             of
             the
             Constutution
             ,
             are
             not
             only
             a
             breach
             of
             that
             Trust
             ,
             but
             a
             tacite
             Renunciation
             of
             it
             also
             ,
             which
             I
             prove
             thus
             ;
             the
             doing
             of
             any
             Act
             that
             is
             utterly
             inconsistent
             with
             the
             Being
             and
             End
             of
             the
             thing
             for
             which
             it
             is
             ordained
             ,
             is
             as
             true
             a
             Renouncing
             ,
             or
             Abdication
             of
             that
             thing
             ,
             as
             if
             it
             were
             made
             in
             express
             words
             ,
             as
             I
             have
             now
             proved
             in
             the
             Case
             of
             Tenant
             for
             Life
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             this
             is
             more
             than
             ever
             I
             heard
             before
             ;
             but
             ,
             pray
             ,
             What
             do
             you
             think
             was
             the
             reason
             that
             the
             Convention
             made
             use
             of
             this
             Hard
             word
             Abdicate
             ;
             (
             which
             I
             confess
             ,
             to
             us
             Country
             Fellows
             ,
             seem'd
             as
             bad
             as
             Heathen
             Greek
             )
             when
             they
             might
             as
             well
             have
             made
             use
             of
             plain
             Expressions
             ,
             such
             as
             Renounce
             or
             Forfeit
             ,
             which
             you
             have
             now
             made
             use
             of
             ?
          
        
         
           
             I.
             
          
           
             I
             will
             tell
             you
             ,
             Neighbour
             ,
             my
             Opinion
             of
             this
             Matter
             ,
             and
             if
             I
             am
             out
             you
             must
             pardon
             me
             ;
             because
             those
             Wise
             men
             in
             the
             Convention
             ,
             who
             had
             the
             Wording
             of
             this
             Vote
             ,
             were
             afraid
             
             that
             those
             plainer
             words
             you
             mention
             ,
             would
             have
             been
             of
             too
             hard
             digestion
             to
             a
             great
             part
             of
             the
             Country
             Gentlemen
             ,
             who
             had
             been
             bred
             up
             with
             different
             Principles
             ;
             and
             therefore
             used
             the
             word
             Abdicate
             ,
             as
             that
             which
             though
             it
             implied
             both
             a
             Renunciation
             ,
             and
             also
             a
             Forfeiture
             of
             the
             Royal
             Power
             ,
             yet
             not
             being
             commonly
             so
             understood
             ,
             made
             some
             men
             only
             to
             understand
             it
             of
             the
             King's
             Desertion
             of
             the
             Throne
             by
             his
             going
             away
             ;
             a
             Notion
             ,
             which
             because
             it
             served
             a
             present
             turn
             ,
             mens
             heads
             were
             then
             very
             full
             of
             :
             But
             indeed
             if
             this
             Desertion
             be
             closely
             examined
             ,
             it
             will
             not
             do
             the
             business
             for
             which
             it
             is
             brought
             ,
             as
             you
             have
             already
             very
             well
             observed
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             I
             never
             understood
             the
             true
             sence
             of
             this
             word
             Abdicate
             before
             ,
             much
             less
             the
             reason
             why
             it
             was
             made
             use
             of
             ;
             therefore
             commend
             me
             to
             the
             honest
             bluntness
             of
             the
             Scotch
             Convention
             ,
             which
             (
             as
             I
             am
             informed
             )
             did
             not
             stick
             to
             declare
             ,
             That
             King
             Iames
             by
             subverting
             the
             Fundamental
             Laws
             of
             that
             Kingdom
             ,
             had
             forfeited
             the
             Crown
             :
             But
             ,
             pray
             Sir
             ,
             tell
             
             me
             ,
             what
             those
             Acts
             ,
             or
             Violations
             of
             this
             Original
             Contract
             were
             ,
             which
             you
             suppose
             to
             cause
             this
             tacit
             Renunciation
             of
             the
             Crown
             ?
          
        
         
           
             I.
             
          
           
             As
             for
             these
             I
             need
             not
             go
             far
             ,
             since
             they
             are
             all
             plainly
             expressed
             in
             the
             Convention's
             late
             Declaration
             ,
             as
             striking
             at
             the
             root
             ,
             or
             very
             Fundamental
             Constitution
             of
             the
             Government
             it self
             ,
             viz.
             Raising
             of
             Money
             contrary
             to
             Law
             ,
             that
             is
             ,
             without
             any
             Act
             of
             Parliament
             ,
             as
             in
             the
             late
             Levying
             of
             the
             Customs
             ,
             Excise
             ,
             and
             Chimney-Money
             upon
             Cottages
             and
             Ovens
             ,
             contrary
             to
             the
             several
             Statutes
             that
             conferred
             them
             on
             the
             Crown
             .
             2dly
             .
             His
             Assuming
             a
             Legislative
             Power
             ,
             by
             Dispensing
             with
             all
             Statutes
             for
             the
             Protestant
             Religion
             established
             by
             Law
             ;
             whereby
             he
             at
             one
             blow
             took
             away
             above
             Forty
             Acts
             of
             Parliament
             ;
             and
             he
             might
             at
             this
             rate
             as
             well
             have
             Dispensed
             with
             the
             whole
             Statute-Book
             at
             once
             by
             one
             general
             Declaration
             .
             3dly
             .
             Raising
             a
             Standing
             Army
             in
             time
             of
             Peace
             ,
             and
             putting
             in
             Popish
             Officers
             ,
             contrary
             to
             the
             Statute
             provided
             against
             it
             ;
             for
             these
             being
             but
             the
             King
             's
             half
             Subjects
             (
             as
             King
             Iames
             the
             1st
             .
             called
             them
             
             in
             a
             Speech
             )
             might
             be
             looked
             upon
             when
             in
             Arms
             ,
             as
             no
             better
             than
             Enemies
             to
             the
             State
             ;
             so
             that
             by
             thus
             Arming
             our
             Enemies
             ,
             it
             was
             in
             effect
             a
             declaring
             War
             upon
             the
             People
             ,
             since
             it
             was
             abusing
             the
             power
             of
             the
             Militia
             ,
             which
             is
             intrusted
             with
             the
             King
             for
             our
             Safety
             and
             Preservation
             in
             our
             Religion
             ,
             Liberties
             and
             Civil
             Properties
             ,
             and
             not
             for
             the
             destruction
             of
             them
             all
             ,
             as
             we
             found
             by
             woful
             experience
             ,
             must
             have
             inevitably
             befallen
             us
             .
             4thly
             .
             The
             Quartering
             of
             this
             standing
             Army
             in
             Private
             houses
             contrary
             to
             Law
             ,
             and
             the
             Petition
             of
             Right
             ,
             acknowledged
             by
             the
             late
             King
             his
             Father
             .
             5thly
             .
             His
             Erecting
             a
             new
             Ecclesiastical
             Court
             by
             Commission
             ,
             contrary
             to
             the
             Statute
             that
             took
             away
             the
             High
             Commission
             Court.
             6thly
             .
             And
             by
             the
             pretended
             Authority
             of
             this
             Court
             ,
             suspending
             the
             Bishop
             of
             London
             from
             his
             Ecclesiastical
             Jurisdiction
             ,
             and
             turning
             out
             almost
             all
             the
             Fellows
             and
             Scholars
             of
             Magdalen
             Colledge
             ,
             because
             they
             would
             not
             chuse
             a
             President
             uncapable
             of
             being
             Elected
             by
             that
             Colledge
             Statutes
             .
             7thly
             .
             By
             Imprisoning
             the
             Archbishop
             of
             Canterbury
             and
             the
             Six
             other
             Bishops
             ,
             only
             for
             Presenting
             
             him
             with
             an
             humble
             Petition
             not
             to
             impose
             the
             reading
             of
             his
             Declaration
             of
             Toleration
             ,
             upon
             the
             Clergy
             of
             the
             Church
             of
             England
             ,
             as
             being
             contrary
             to
             the
             known
             Laws
             of
             the
             Kingdom
             ;
             and
             then
             Trying
             them
             for
             this
             as
             a
             High
             Misdemeanor
             ,
             though
             it
             was
             contrary
             to
             the
             Opinion
             of
             Two
             of
             the
             then
             Judges
             of
             that
             Court
             of
             Kings-Bench
             .
             There
             are
             also
             other
             things
             of
             lesser
             concernment
             ,
             as
             Packing
             of
             Juries
             ,
             and
             unjust
             and
             partial
             Proceedings
             in
             Tryals
             ,
             with
             excessive
             Fines
             and
             cruel
             Whippings
             ;
             which
             because
             they
             were
             done
             by
             the
             Lord
             Chief
             Justice
             Iefferies
             ,
             and
             the
             other
             Judges
             ,
             contrary
             to
             Law
             ,
             I
             leave
             them
             to
             answer
             for
             it
             ;
             whereas
             the
             instances
             I
             have
             now
             given
             ,
             were
             in
             such
             grand
             Violations
             ,
             as
             were
             done
             by
             the
             King
             's
             own
             personal
             Orders
             and
             Directions
             ,
             or
             else
             could
             never
             have
             been
             done
             at
             all
             :
             So
             that
             by
             his
             willful
             acting
             these
             things
             ,
             and
             obstinately
             refusing
             to
             let
             a
             Free
             Parliament
             sit
             to
             Settle
             and
             Redress
             them
             ,
             but
             rather
             chusing
             to
             leave
             the
             Realm
             ,
             than
             he
             would
             give
             way
             to
             it
             ,
             when
             he
             might
             have
             done
             it
             :
             I
             think
             ,
             upon
             consideration
             of
             the
             whole
             matter
             ,
             it
             will
             
             appear
             ,
             that
             the
             Convention
             had
             good
             and
             just
             Reasons
             for
             declaring
             the
             Throne
             Vacant
             ,
             since
             the
             King
             had
             not
             only
             broke
             his
             first
             declaration
             he
             made
             in
             Council
             ,
             to
             maintain
             the
             Church
             of
             England
             as
             by
             Law
             Established
             ,
             and
             the
             Liberties
             and
             Properties
             of
             his
             Subjects
             ;
             but
             his
             own
             Coronation-Oath
             besides
             ,
             if
             he
             took
             the
             same
             his
             Predecessors
             did
             ;
             and
             if
             he
             did
             not
             ,
             he
             ought
             not
             to
             receive
             any
             benefit
             by
             his
             own
             default
             ,
             but
             is
             certainly
             bound
             by
             the
             Oaths
             which
             his
             Grandfather
             King
             Iames
             ,
             and
             his
             Father
             King
             Charles
             took
             before
             him
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             these
             seem
             to
             be
             great
             breaches
             of
             the
             very
             Fundamentals
             of
             our
             Religion
             ,
             Liberties
             ,
             and
             Civil
             Properties
             ,
             if
             done
             by
             the
             King
             's
             express
             Order
             and
             Directions
             ;
             and
             if
             that
             he
             afterwards
             refused
             to
             disclaim
             them
             ,
             and
             suffer
             the
             Authors
             to
             be
             Punished
             in
             Parliament
             ,
             as
             they
             deserved
             ,
             makes
             all
             those
             faults
             indeed
             fall
             upon
             the
             King
             himself
             ,
             and
             consequently
             seem
             to
             amount
             to
             a
             Forfeiture
             of
             the
             Royal
             Dignity
             ,
             according
             to
             that
             Law
             of
             Edward
             the
             Confessor
             ,
             you
             have
             already
             cited
             ,
             
               That
               if
               the
               King
               fail
               to
               Protect
            
             
             
               the
               Church
               ,
               and
               Defend
               his
               Subjects
               from
               Rapine
               and
               Oppression
               ;
               the
               very
               Name
               (
               or
               Title
               )
               of
               King
               shall
               no
               more
               remain
               to
               him
               .
            
          
           
             But
             ,
             pray
             Sir
             ,
             shew
             me
             in
             the
             next
             place
             ,
             how
             the
             Convention
             could
             justifie
             their
             Voting
             the
             Throne
             Vacant
             ;
             for
             Granting
             that
             King
             Iames
             had
             implicitly
             Abdicated
             ,
             or
             Renounced
             all
             his
             Right
             to
             the
             Crown
             by
             the
             Actions
             you
             have
             but
             now
             recited
             :
             Yet
             if
             this
             Kingdom
             (
             as
             I
             have
             always
             taken
             it
             to
             be
             )
             is
             Hereditary
             ,
             and
             not
             Elective
             ,
             I
             cannot
             conceive
             how
             the
             Throne
             can
             ever
             be
             Vacant
             ,
             that
             is
             ,
             void
             of
             a
             Lawful
             Heir
             ,
             or
             Successor
             ,
             as
             long
             as
             one
             of
             the
             Blood-Royal
             ,
             either
             Male
             or
             Female
             ,
             is
             left
             alive
             ,
             since
             I
             have
             heard
             it
             laid
             down
             as
             a
             Maxim
             in
             our
             Law
             ,
             
               That
               the
               King
               never
               dies
            
             .
          
        
         
           
             I.
             
          
           
             I
             grant
             this
             to
             be
             so
             upon
             all
             ordinary
             Deaths
             or
             Demises
             of
             a
             King
             or
             Queen
             (
             as
             the
             Lawyers
             term
             it
             )
             :
             But
             there
             are
             great
             and
             evident
             Reasons
             why
             it
             could
             not
             be
             so
             upon
             this
             Civil
             ,
             though
             not
             Natural
             ,
             Death
             of
             the
             King
             ;
             as
             First
             ,
             the
             natural
             Person
             
             of
             the
             late
             King
             being
             still
             alive
             ,
             none
             can
             claim
             as
             Heir
             to
             him
             whilst
             he
             lives
             ,
             since
             it
             is
             a
             Maxim
             ,
             as
             well
             in
             our
             Common
             as
             in
             the
             Civil
             Law
             ,
             
               That
               no
               man
               can
               be
               Heir
               to
               a
               Person
               alive
               .
            
          
        
         
           
             F.
             
          
           
             I
             grant
             this
             may
             be
             so
             in
             ordinary
             Estates
             of
             Inheritance
             in
             Fee-simple
             ;
             but
             I
             take
             it
             to
             be
             otherwise
             in
             Estates
             Tail
             ;
             for
             if
             a
             Tenant
             in
             Tail
             had
             become
             a
             Monk
             whilst
             Monasteries
             were
             in
             being
             in
             England
             ,
             the
             next
             Heir
             in
             Tail
             might
             have
             entered
             upon
             the
             Estate
             ,
             because
             the
             entering
             into
             a
             Religious
             Order
             ,
             was
             looked
             upon
             as
             a
             Civil
             Death
             :
             now
             I
             take
             the
             Crown
             to
             be
             in
             the
             nature
             of
             such
             an
             Estate-Tail
             ,
             where
             the
             Heir
             Claims
             not
             only
             as
             Heir
             to
             the
             last
             King
             ,
             but
             to
             their
             first
             or
             common
             Ancestor
             ,
             on
             whom
             the
             Crown
             was
             Entailed
             ;
             otherwise
             Brothers
             or
             Sisters
             by
             the
             half
             Blood
             ,
             could
             never
             Succeed
             to
             each
             other
             ,
             as
             Queen
             Mary
             did
             to
             King
             Edward
             the
             VIth
             .
          
        
         
           
             I.
             
          
           
             Well
             ,
             Neighbour
             ,
             I
             see
             you
             have
             either
             read
             Littleton
             ,
             or
             else
             been
             very
             well
             instructed
             in
             this
             Law
             concerning
             
             Entails
             ,
             and
             therefore
             I
             will
             argue
             this
             Point
             no
             farther
             with
             you
             ;
             but
             if
             the
             Throne
             were
             not
             Vacant
             ,
             pray
             then
             tell
             me
             ,
             whom
             think
             you
             the
             Convention
             should
             have
             immediately
             Declared
             King
             or
             Queen
             ,
             whether
             the
             Titular
             ,
             or
             pretended
             Prince
             of
             Wales
             ,
             or
             the
             Princess
             of
             Orange
             ;
             Since
             only
             one
             of
             these
             can
             Claim
             as
             Heir
             by
             vertue
             of
             the
             Entail
             you
             now
             mentioned
             ?
          
        
         
           
             F.
             
          
           
             No
             doubt
             but
             the
             Prince
             of
             Wales
             would
             have
             been
             the
             Right
             Heir
             ,
             could
             we
             have
             been
             assured
             of
             his
             being
             really
             born
             of
             the
             Body
             of
             the
             Queen
             ;
             but
             since
             ;
             I
             confess
             ,
             there
             is
             a
             great
             doubt
             in
             most
             Persons
             throughout
             the
             whole
             Nation
             concerning
             it
             ,
             I
             must
             so
             far
             agree
             with
             you
             ,
             that
             he
             could
             not
             well
             be
             declared
             King
             till
             his
             Legitimacy
             were
             cleared
             ,
             and
             those
             just
             suspicions
             we
             lye
             under
             to
             the
             contrary
             ,
             taken
             away
             ;
             but
             then
             on
             the
             other
             side
             ,
             till
             this
             were
             done
             ,
             I
             do
             not
             see
             how
             the
             Convention
             could
             well
             justifie
             their
             placing
             the
             Princess
             of
             Orange
             ,
             or
             any
             Body
             else
             in
             the
             Throne
             .
          
        
         
           
           
             I.
             
          
           
             We
             shall
             come
             to
             that
             by
             and
             by
             ,
             but
             in
             the
             mean
             time
             ,
             pray
             observe
             ,
             that
             here
             was
             a
             great
             and
             general
             doubt
             ,
             who
             was
             the
             next
             lawful
             Heir
             ,
             whether
             the
             Prince
             of
             Wales
             ,
             or
             the
             Princess
             of
             Orange
             ;
             now
             in
             Disputes
             of
             this
             nature
             ,
             in
             all
             the
             hereditary
             ,
             limited
             Monarchies
             in
             Europe
             ,
             the
             States
             of
             the
             Kingdom
             have
             always
             been
             the
             sole
             Supream
             Judges
             of
             such
             Controversies
             ;
             and
             whom
             they
             have
             owned
             ,
             and
             admitted
             as
             next
             Heirs
             ,
             have
             always
             been
             taken
             and
             owned
             for
             Lawful
             Kings
             ,
             both
             at
             Home
             and
             Abroad
             ;
             as
             I
             could
             shew
             you
             from
             divers
             Instances
             ,
             not
             only
             in
             England
             ,
             and
             Scotland
             ,
             but
             
               France
               ,
               Spain
            
             ,
             and
             Portugal
             :
             And
             till
             this
             were
             done
             ,
             the
             Throne
             must
             necessarily
             remain
             vacant
             ,
             and
             all
             this
             without
             making
             the
             Crown
             Elective
             ;
             for
             what
             is
             this
             vacancy
             of
             the
             Throne
             ,
             but
             when
             through
             the
             Ignorance
             of
             the
             ordinary
             Subjects
             whom
             to
             place
             therein
             ,
             by
             reason
             of
             divers
             Claims
             of
             different
             Competitors
             ,
             none
             can
             be
             admitted
             to
             fill
             it
             ,
             (
             that
             is
             ,
             to
             the
             exercise
             of
             the
             Kingly
             Office
             )
             till
             these
             disputes
             could
             be
             decided
             by
             their
             proper
             Judges
             ,
             viz.
             the
             Estates
             of
             the
             
             Kingdom
             ,
             which
             is
             all
             one
             ,
             as
             to
             declare
             the
             Throne
             to
             be
             vacant
             ?
             since
             it
             must
             necessarily
             be
             so
             ,
             till
             they
             were
             fully
             satisfied
             who
             ought
             to
             fill
             it
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             ,
             what
             you
             have
             now
             said
             ,
             carries
             a
             great
             deal
             of
             reason
             with
             it
             ;
             but
             how
             can
             you
             justifie
             the
             Convention's
             placing
             their
             present
             Majesties
             on
             the
             Throne
             ,
             without
             ever
             so
             much
             as
             examining
             whether
             the
             supposed
             Prince
             of
             Wales
             were
             really
             born
             of
             the
             Body
             of
             the
             Queen
             .
             or
             not
             ;
             which
             ,
             in
             my
             Opinion
             ,
             ought
             to
             have
             been
             the
             first
             thing
             to
             be
             enquired
             after
             ;
             whereas
             I
             do
             not
             find
             that
             the
             Convention
             ,
             nor
             yet
             the
             present
             Parliament
             ,
             have
             taken
             any
             more
             notice
             of
             him
             ,
             than
             if
             there
             had
             been
             no
             such
             thing
             in
             nature
             ,
             as
             a
             Son
             then
             born
             ,
             or
             pretended
             to
             be
             born
             ,
             during
             the
             Marriage
             between
             the
             late
             King
             and
             Queen
             .
          
        
         
           
             I.
             
          
           
             If
             the
             Convention
             have
             done
             well
             in
             declaring
             the
             Throne
             vacant
             ,
             I
             think
             I
             can
             easily
             justifie
             their
             filling
             it
             with
             their
             present
             Majesties
             ;
             and
             that
             upon
             two
             several
             Considerations
             :
          
           
           
             The
             First
             is
             ,
             that
             I
             suppose
             the
             Prince
             of
             Orange
             ,
             by
             his
             Victory
             over
             King
             Iames
             ,
             sufficiently
             declared
             by
             his
             flying
             from
             Salisbury
             ,
             and
             disbanding
             his
             Army
             ,
             and
             then
             quitting
             the
             Kingdom
             ,
             (
             if
             he
             had
             done
             nothing
             else
             )
             did
             thereby
             lose
             his
             Right
             to
             the
             Crown
             ;
             and
             so
             consequently
             to
             the
             Peoples
             Allegiance
             ;
             and
             the
             Nation
             being
             then
             free
             ,
             and
             without
             any
             King
             ,
             who
             had
             a
             better
             Right
             to
             be
             placed
             in
             the
             Throne
             ,
             than
             the
             Prince
             of
             Orange
             their
             Deliverer
             ?
             and
             besides
             this
             ,
             in
             respect
             of
             the
             Nation
             ,
             King
             Iames
             (
             as
             I
             have
             already
             proved
             )
             having
             Abdicated
             or
             Forfeited
             his
             Right
             to
             the
             Crown
             ,
             by
             his
             notorious
             Breach
             of
             the
             Contract
             above-mentioned
             ,
             and
             by
             his
             wilful
             persisting
             in
             it
             ;
             I
             look
             upon
             the
             whole
             Nation
             at
             his
             departure
             as
             fully
             discharged
             from
             all
             Oaths
             of
             Allegiance
             ,
             not
             only
             to
             King
             Iames
             ,
             but
             to
             his
             Heirs
             likewise
             ;
             and
             therefore
             were
             not
             obliged
             to
             look
             after
             this
             supposed
             Prince
             ,
             nor
             to
             examine
             his
             Legitimacy
             as
             Heir
             apparent
             to
             the
             Crown
             .
          
        
         
           
             F.
             
          
           
             I
             cannot
             comprehend
             how
             this
             can
             consist
             with
             those
             Acts
             of
             Parliament
             
             of
             Queen
             Elizabeth
             ,
             and
             King
             Iames
             ,
             which
             oblige
             all
             the
             Subjects
             of
             this
             Realm
             to
             take
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             to
             the
             King
             or
             Queen
             ,
             and
             to
             their
             Heirs
             and
             Lawful
             Successors
             ;
             and
             sure
             ,
             I
             think
             ,
             nothing
             less
             than
             an
             Act
             of
             Parliament
             can
             alter
             these
             former
             Statutes
             and
             solemn
             Declarations
             concerning
             the
             Succession
             in
             a
             Right
             Line
             :
             And
             I
             suppose
             you
             will
             not
             say
             ,
             that
             the
             Convention
             (
             who
             certainly
             were
             no
             Parliament
             )
             could
             without
             the
             Authority
             of
             a
             Lawful
             King
             and
             Parliament
             ,
             alter
             the
             Ancient
             Laws
             of
             Succession
             ,
             since
             I
             have
             heard
             it
             is
             a
             Maxim
             in
             Law
             ,
             
               that
               nothing
               can
               be
               undone
               ,
               but
               by
               the
               same
               Power
               that
               made
               it
            
             ;
             And
             therefore
             ,
             in
             my
             Opinion
             ,
             the
             Convention
             was
             too
             quick
             in
             Declaring
             their
             present
             Majesties
             King
             and
             Queen
             ,
             before
             they
             had
             examined
             the
             Prince
             of
             
             Wales's
             Title
             ;
             who
             was
             commonly
             reputed
             ,
             and
             prayed
             for
             in
             all
             our
             Churches
             ,
             as
             Heir
             Apparent
             to
             the
             Crown
             .
          
        
         
           
             I.
             
          
           
             I
             confess
             you
             have
             in
             few
             words
             urged
             all
             that
             can
             well
             be
             said
             against
             the
             late
             Act
             of
             the
             Convention
             ,
             in
             declaring
             their
             present
             Majesties
             King
             
             and
             Queen
             :
             Therefore
             in
             Answer
             to
             this
             Objection
             ,
             give
             me
             leave
             in
             the
             first
             place
             to
             tell
             you
             ,
             that
             you
             have
             been
             misinformed
             ,
             That
             because
             the
             Acts
             for
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             ,
             obliged
             us
             to
             take
             it
             to
             the
             late
             King
             ,
             and
             his
             Heirs
             and
             Lawful
             Successors
             ;
             that
             therefore
             no
             Person
             can
             be
             such
             a
             Lawful
             Successor
             ,
             unless
             he
             Claim
             in
             a
             right
             Line
             ,
             by
             descent
             from
             the
             last
             King
             ;
             since
             long
             before
             these
             Acts
             were
             made
             ,
             by
             the
             Ancient
             Oath
             of
             Fidelity
             at
             Common
             Law
             ,
             and
             which
             used
             to
             be
             required
             in
             all
             Court-Leets
             ,
             men
             were
             as
             much
             obliged
             to
             the
             
               King
               ,
               his
               Heirs
               and
               Successors
               ,
            
             as
             they
             can
             be
             by
             any
             of
             these
             later
             Oaths
             ,
             and
             yet
             no
             body
             then
             doubted
             ,
             before
             those
             Acts
             were
             made
             ,
             to
             pay
             Allegiance
             to
             that
             Person
             whom
             the
             Estates
             of
             the
             Kingdom
             had
             solemnly
             declared
             to
             be
             lawful
             King
             or
             Queen
             ,
             without
             ever
             examining
             whether
             such
             Kings
             ,
             or
             Queens
             ,
             were
             really
             and
             truly
             next
             Heirs
             by
             Blood
             ,
             or
             not
             ;
             as
             I
             can
             shew
             you
             from
             divers
             Examples
             ,
             had
             I
             now
             time
             for
             it
             .
          
           
             And
             there
             is
             indeed
             great
             reason
             for
             their
             so
             doing
             ;
             for
             since
             all
             disputes
             about
             
             the
             right
             of
             Succession
             to
             the
             Crown
             ,
             must
             be
             decided
             by
             some
             proper
             Judges
             ;
             or
             else
             be
             left
             wholly
             to
             the
             Decision
             of
             the
             Sword
             ;
             and
             since
             (
             as
             I
             said
             but
             now
             )
             in
             all
             the
             limited
             Kingdoms
             of
             Europe
             ,
             the
             Estates
             of
             such
             Kingdoms
             have
             been
             always
             appeal'd
             to
             by
             all
             the
             contending
             parties
             as
             their
             only
             proper
             Judges
             of
             their
             disputed
             Titles
             ;
             it
             is
             but
             reason
             ,
             that
             all
             private
             Subjects
             should
             submit
             and
             acquiesce
             in
             their
             final
             Judgments
             ;
             since
             they
             are
             all
             virtually
             Represented
             in
             such
             Assemblies
             ,
             as
             the
             Representative
             Body
             of
             the
             whole
             People
             ,
             or
             Nation
             :
             Therefore
             ,
             if
             the
             Convention
             of
             the
             Estates
             of
             England
             ,
             have
             for
             divers
             weighty
             Reasons
             ,
             thought
             fit
             to
             declare
             their
             present
             Majesties
             Lawful
             King
             and
             Queen
             ,
             and
             to
             place
             them
             on
             the
             Throne
             ,
             as
             then
             vacant
             by
             King
             
             Iames's
             Abdication
             ,
             I
             think
             all
             the
             Subjects
             of
             this
             Kingdom
             are
             bound
             to
             bear
             true
             Allegiance
             to
             them
             ,
             and
             to
             confirm
             it
             by
             the
             Oath
             appointed
             for
             that
             end
             ,
             whenever
             they
             shall
             be
             lawfully
             required
             thereunto
             .
          
        
         
           
             F.
             
          
           
             Well
             ,
             Sir
             ,
             but
             is
             not
             this
             to
             alter
             one
             part
             of
             the
             Original
             Contract
             ,
             
             which
             those
             that
             are
             against
             the
             present
             Settlement
             ,
             suppose
             to
             be
             the
             Right
             of
             Hereditary
             Succession
             to
             the
             Crown
             ,
             and
             that
             in
             a
             right
             Line
             :
             So
             that
             if
             the
             supposed
             Prince
             of
             Wales
             be
             lawful
             Heir
             to
             King
             Iames
             ,
             to
             place
             any
             body
             else
             therein
             ,
             seems
             to
             render
             the
             Crown
             for
             the
             future
             not
             Successive
             ,
             but
             Elective
             ;
             for
             if
             it
             may
             be
             bestowed
             now
             according
             to
             the
             humor
             of
             the
             present
             Convention
             ,
             it
             may
             be
             done
             so
             again
             the
             next
             Succession
             ,
             and
             so
             the
             right
             Heirs
             put
             by
             from
             time
             to
             time
             ,
             for
             the
             same
             ,
             or
             some
             like
             Reason
             as
             now
             .
          
        
         
           
             I.
             
          
           
             That
             does
             not
             at
             all
             follow
             ;
             for
             if
             you
             will
             allow
             that
             the
             Throne
             was
             vacant
             by
             the
             Abdication
             of
             King
             Iames
             ,
             and
             that
             her
             present
             Majesty
             Queen
             Mary
             is
             lawful
             Heir
             ,
             if
             the
             pretended
             Prince
             of
             Wales
             were
             away
             ;
             I
             will
             prove
             to
             you
             ,
             that
             the
             late
             Convention
             and
             present
             Parliament
             ,
             have
             done
             all
             they
             could
             or
             were
             obliged
             to
             do
             in
             this
             juncture
             ,
             in
             placing
             Their
             present
             Majesties
             on
             the
             Throne
             ,
             and
             Recognizing
             their
             Title
             ,
             without
             taking
             any
             notice
             of
             this
             pretended
             Prince
             ;
             of
             whose
             Birth
             ,
             whether
             true
             
             or
             false
             ,
             I
             shall
             not
             now
             say
             any
             thing
             one
             way
             or
             other
             ;
             nor
             shall
             trouble
             my self
             to
             inquire
             into
             the
             Validity
             of
             those
             Suspitions
             that
             may
             render
             his
             Birth
             doubtful
             to
             the
             generality
             of
             the
             Nation
             :
             And
             therefore
             in
             the
             first
             place
             ,
             I
             desire
             you
             only
             to
             take
             Notice
             ,
             that
             this
             Child
             was
             carried
             away
             by
             his
             Mother
             ,
             when
             he
             was
             scarce
             yet
             six
             Months
             Old
             ;
             2dly
             ,
             That
             the
             Midwife
             and
             all
             the
             chief
             Witnesses
             ,
             who
             could
             Swear
             any
             thing
             concerning
             the
             Queen's
             being
             really
             with
             Child
             ,
             and
             brought
             to
             Bed
             of
             him
             ,
             were
             likewise
             conveyed
             at
             the
             same
             time
             into
             France
             .
          
        
         
           
             F.
             
          
           
             I
             grant
             it
             ;
             but
             what
             do
             you
             infer
             from
             hence
             .
          
        
         
           
             I.
             
          
           
             Why
             ,
             only
             these
             two
             Conclusions
             :
          
           
             1st
             .
             That
             neither
             the
             Convention
             nor
             Parliament
             are
             Obliged
             to
             take
             Notice
             of
             the
             Rights
             of
             any
             Person
             ,
             tho'
             Heir
             to
             the
             Crown
             ,
             that
             is
             out
             of
             the
             Dominions
             of
             England
             ,
             if
             he
             be
             no
             necessary
             part
             ,
             or
             Member
             of
             Parliament
             ;
             if
             neither
             himself
             ,
             nor
             any
             Body
             
             for
             him
             ,
             will
             put
             in
             his
             Claim
             to
             the
             Crown
             ,
             upon
             the
             Demise
             of
             the
             King
             ,
             either
             by
             Death
             ,
             or
             Abdication
             ;
             as
             in
             the
             Case
             now
             before
             us
             ,
             there
             being
             then
             a
             Claim
             made
             in
             the
             late
             Convention
             by
             his
             Highness
             the
             Prince
             of
             Orange
             on
             the
             behalf
             of
             his
             Consort
             the
             Princess
             ,
             as
             Heir
             apparent
             to
             the
             Crown
             :
             The
             Convention
             were
             not
             obliged
             to
             look
             any
             farther
             after
             this
             supposed
             Prince
             ,
             or
             to
             know
             what
             was
             become
             of
             him
             ;
             whether
             he
             was
             Drowned
             ,
             or
             taken
             at
             Sea
             by
             Pyrates
             ,
             or
             he
             being
             Dead
             ,
             another
             put
             in
             his
             place
             ,
             or
             carried
             by
             his
             Mother
             into
             France
             :
             Since
             any
             of
             these
             might
             have
             happen'd
             for
             ought
             they
             knew
             ,
             no
             body
             appearing
             to
             put
             in
             any
             Claim
             for
             him
             ,
             or
             to
             desire
             that
             his
             Cause
             might
             first
             be
             heard
             ,
             before
             he
             was
             Excluded
             .
          
           
             2dly
             ,
             That
             if
             such
             Claim
             had
             been
             made
             by
             any
             body
             for
             him
             ,
             yet
             the
             Convention
             could
             by
             no
             means
             be
             obliged
             to
             do
             more
             than
             lay
             in
             their
             Power
             ,
             or
             to
             hear
             ,
             or
             examine
             the
             Validity
             of
             this
             Child's
             Birth
             ;
             unless
             the
             Midwife
             ,
             Nurses
             ,
             and
             others
             ,
             who
             were
             privy
             to
             all
             the
             Transactions
             concerning
             
             it
             ,
             were
             likewise
             present
             ,
             and
             sent
             back
             to
             give
             their
             Testimonies
             in
             this
             Case
             ;
             for
             if
             the
             Convention
             had
             proceeded
             to
             examine
             this
             matter
             without
             sufficient
             evidence
             ,
             they
             could
             only
             have
             heard
             it
             
               ex
               parie
            
             ,
             on
             but
             one
             side
             ,
             and
             so
             might
             have
             sat
             long
             enough
             ,
             before
             they
             could
             have
             come
             to
             any
             true
             decision
             in
             this
             matter
             ;
             whilst
             in
             the
             mean
             time
             ,
             the
             whole
             Nation
             for
             want
             of
             a
             King
             ,
             were
             in
             danger
             of
             utter
             Ruin
             and
             Confusion
             .
          
        
         
           
             F.
             
          
           
             But
             ,
             pray
             Sir
             ,
             why
             could
             not
             the
             Parliament
             have
             sent
             over
             Summons
             to
             those
             Witnesses
             (
             which
             they
             say
             are
             no
             further
             off
             than
             France
             )
             to
             come
             and
             give
             Testimony
             in
             this
             great
             Cause
             ,
             before
             they
             had
             proceeded
             to
             have
             declared
             the
             Prince
             and
             Princess
             of
             Orange
             King
             and
             Queen
             ?
          
        
         
           
             I.
             
          
           
             There
             may
             be
             several
             good
             Reasons
             given
             for
             it
             :
          
           
             First
             ,
             Because
             this
             Child
             being
             carried
             into
             the
             Dominions
             of
             a
             Prince
             who
             is
             a
             declared
             Enemy
             of
             our
             Religion
             ,
             and
             Civil
             Interest
             of
             the
             English
             
             Nation
             ,
             he
             would
             never
             have
             consented
             to
             his
             being
             sent
             over
             to
             be
             viewed
             by
             those
             that
             the
             Convention
             should
             appoint
             for
             that
             purpose
             ;
             without
             which
             Inspection
             ,
             the
             Nation
             could
             never
             have
             been
             morally
             assured
             that
             this
             was
             the
             same
             Child
             that
             was
             carried
             away
             ;
             since
             every
             one
             knows
             ,
             that
             Infants
             of
             that
             Age
             are
             not
             easily
             distinguisht
             one
             from
             another
             ,
             but
             by
             those
             that
             have
             been
             about
             them
             from
             the
             very
             time
             of
             their
             Birth
             .
          
           
             Secondly
             ,
             Because
             his
             Reputed
             Parents
             counting
             themselves
             already
             injured
             by
             the
             Convention
             ,
             in
             declaring
             that
             the
             
               King
               had
            
             abdicated
             
               the
               Government
            
             ,
             and
             that
             the
             
               Throne
               was
               thereby
               become
               vacant
            
             ,
             would
             never
             have
             obeyed
             any
             Summons
             the
             Convention
             should
             have
             sent
             over
             ,
             because
             they
             looked
             upon
             them
             not
             to
             have
             any
             Authority
             at
             all
             ,
             as
             not
             being
             summon'd
             ,
             nor
             sitting
             by
             vertue
             of
             that
             King's
             Writs
             .
          
           
             Thirdly
             ,
             Admitting
             that
             the
             French
             King
             would
             have
             permitted
             this
             supposed
             Prince
             to
             have
             been
             sent
             back
             ,
             and
             that
             King
             Iames
             and
             his
             Queen
             would
             have
             obeyed
             this
             Summons
             ,
             yet
             was
             it
             
             not
             for
             the
             safety
             of
             the
             Nation
             to
             stay
             for
             or
             rely
             upon
             it
             ;
             since
             before
             this
             Question
             could
             have
             been
             decided
             ,
             great
             part
             of
             this
             Year
             had
             slipt
             away
             ,
             and
             we
             being
             left
             without
             a
             King
             to
             head
             us
             ,
             nor
             any
             Parliament
             Sitting
             ,
             able
             to
             raise
             Money
             (
             which
             cannot
             be
             legally
             done
             ,
             without
             the
             King's
             Authority
             in
             Parliament
             )
             the
             French
             King
             might
             ,
             whilst
             we
             were
             thus
             quarrelling
             amongst
             our selves
             about
             a
             Successor
             to
             the
             Crown
             ,
             have
             sent
             over
             King
             Iames
             with
             a
             great
             Fleet
             ,
             and
             an
             Army
             of
             old
             Soldiers
             ,
             and
             so
             have
             placed
             him
             again
             in
             the
             Throne
             ,
             more
             Absolute
             than
             ever
             he
             was
             before
             ;
             since
             besides
             that
             Legal
             Right
             of
             Succession
             ,
             (
             which
             I
             grant
             he
             ,
             once
             had
             )
             he
             might
             also
             have
             set
             up
             a
             new
             Right
             by
             Conquest
             ,
             over
             this
             Kingdom
             .
          
           
             So
             that
             all
             things
             being
             seriously
             considered
             ,
             since
             the
             safety
             of
             the
             
               People
               ought
               to
               be
               the
               Supream
               Law
               ,
            
             as
             ever
             hath
             been
             agreed
             as
             an
             undoubted
             Principle
             by
             all
             wise
             Nations
             ,
             I
             think
             we
             have
             done
             all
             that
             could
             well
             be
             done
             ,
             in
             this
             Case
             ;
             nor
             have
             broken
             the
             Hereditary
             Succession
             ,
             in
             declaring
             King
             William
             and
             Queen
             Mary
             to
             be
             our
             
             Lawful
             King
             and
             Queen
             ;
             since
             if
             she
             were
             Lawful
             Queen
             ,
             they
             might
             also
             declare
             him
             to
             be
             King
             ,
             and
             make
             it
             Treason
             to
             conspire
             against
             him
             as
             well
             as
             the
             Parliament
             could
             do
             in
             the
             case
             of
             Prince
             Philip
             of
             Spain
             ,
             who
             was
             *
             declared
             King
             joyntly
             with
             Queen
             Mary
             ,
             tho'
             he
             had
             no
             other
             Right
             ,
             but
             by
             Act
             of
             Parliament
             :
             So
             that
             if
             the
             late
             Convention
             have
             declared
             ,
             That
             the
             Administration
             of
             the
             Government
             should
             remain
             solely
             in
             ▪
             King
             William
             during
             his
             Life
             ;
             this
             was
             only
             to
             put
             it
             out
             of
             all
             dispute
             ,
             that
             none
             might
             at
             all
             doubt
             in
             whom
             the
             Supream
             Power
             lay
             ,
             since
             it
             will
             not
             admit
             of
             any
             Division
             .
          
        
         
           
             F.
             
          
           
             All
             this
             seems
             reasonable
             enough
             ;
             but
             pray
             how
             comes
             it
             to
             pass
             ,
             that
             King
             William
             is
             to
             enjoy
             the
             Crown
             ,
             not
             only
             during
             the
             Queens
             Life
             ,
             but
             his
             own
             also
             ?
             this
             I
             heard
             Squire
             High-Church
             ,
             and
             the
             Parson
             I
             last
             mentioned
             ,
             cry
             out
             upon
             ,
             not
             only
             as
             a
             horrid
             Breach
             of
             the
             Hereditary
             Succession
             ,
             
             but
             also
             as
             a
             great
             wrong
             to
             the
             Princess
             of
             Denmark
             ,
             and
             her
             Heirs
             ,
             were
             the
             supposed
             Prince
             of
             Wales
             now
             dead
             ,
             since
             it
             is
             directly
             contrary
             to
             the
             Act
             of
             Recognition
             of
             King
             Iames
             I.
             whereby
             the
             Parliament
             do
             not
             only
             
               declare
               him
               to
               be
               lawful
               and
               lineal
               Heir
               of
               the
               Crown
               ,
               as
               descended
               from
               the
               Eldest
               Daughter
               of
               King
               Edward
               IV.
               But
               also
               they
               do
               thereby
               engage
               themselves
               ,
               and
               their
               Posterity
               ;
               to
               yield
               Obedience
               to
               King
               Iames
               ,
               and
               his
               Right
               Heirs
               .
            
          
        
         
           
             I.
             
          
           
             Pray
             satisfie
             those
             Gentlemen
             when
             you
             meet
             them
             ,
             that
             if
             they
             once
             will
             grant
             that
             the
             late
             King
             Iames
             could
             Abdicate
             the
             Crown
             without
             his
             own
             express
             consent
             ,
             and
             that
             declaring
             this
             supposed
             Prince
             to
             be
             King
             was
             altogether
             unpracticable
             and
             unsafe
             for
             the
             Nation
             ,
             (
             as
             I
             have
             already
             proved
             )
             I
             think
             they
             need
             not
             be
             concerned
             ,
             whether
             his
             present
             Majesty
             enjoys
             the
             Crown
             for
             Life
             ,
             or
             not
             ;
             as
             long
             as
             it
             is
             for
             the
             Peace
             and
             Safety
             of
             the
             Nation
             that
             it
             should
             be
             so
             ;
             since
             it
             was
             for
             those
             ends
             alone
             that
             King
             Iames
             was
             set
             aside
             ,
             and
             the
             supposed
             Prince
             past
             by
             ,
             without
             so
             
             much
             as
             Enquiring
             into
             his
             legitimacy
             .
             If
             the
             Convention
             had
             lawful
             Authority
             to
             decide
             the
             greater
             points
             ,
             they
             had
             certainly
             after
             they
             became
             a
             Parliament
             much
             more
             Authority
             to
             decide
             and
             settle
             the
             less
             material
             parts
             of
             this
             Controversie
             ,
             viz.
             The
             settlement
             of
             the
             Crown
             after
             the
             Queens
             decease
             ;
             since
             it
             is
             no
             more
             than
             what
             all
             former
             Parliaments
             have
             done
             in
             like
             cases
             :
             Thus
             Henry
             the
             IV.
             and
             Henry
             the
             VII
             .
             were
             ,
             formally
             declared
             ,
             (
             nay
             the
             latter
             recognized
             )
             for
             lawful
             Kings
             by
             Authority
             of
             Parliament
             ;
             notwithstanding
             the
             lineal
             Heirs
             by
             blood
             were
             then
             alive
             and
             in
             being
             ;
             and
             not
             only
             so
             ,
             but
             before
             ever
             Henry
             the
             VII
             .
             married
             with
             the
             Princess
             Elizabeth
             ,
             Daughter
             to
             King
             Edward
             the
             IV.
             the
             Crown
             was
             settled
             upon
             him
             ,
             and
             the
             Heirs
             of
             his
             Body
             ,
             by
             an
             Act
             which
             you
             may
             find
             in
             Print
             in
             our
             Statute-Books
             :
             Tho'
             he
             had
             no
             Right
             at
             all
             by
             Succession
             ,
             since
             his
             Mother
             the
             Countess
             of
             Richmond
             ,
             from
             whom
             all
             the
             Right
             he
             could
             pretend
             to
             the
             Crown
             was
             derived
             ,
             was
             then
             alive
             ,
             nor
             had
             made
             any
             Cession
             of
             it
             to
             him
             .
          
           
           
             So
             that
             if
             this
             be
             true
             (
             which
             I
             am
             able
             to
             prove
             )
             that
             an
             Hereditary
             Succession
             in
             a
             right
             Line
             ,
             was
             never
             any
             Fundamental
             Law
             of
             this
             Kingdom
             .
             And
             ,
          
           
             Secondly
             ,
             That
             after
             the
             Crown
             came
             to
             be
             Claimed
             by
             an
             Hereditary
             Right
             ,
             which
             was
             no
             older
             than
             Edward
             the
             
             Ist's
             time
             ,
             the
             Parliament
             have
             ,
             often
             taken
             upon
             them
             to
             break
             in
             upon
             this
             Hereditary
             Succession
             ,
             whenever
             the
             safety
             and
             necessity
             of
             the
             Kingdom
             required
             it
             .
             And
             ,
          
           
             Thirdly
             ,
             That
             all
             those
             Kings
             who
             have
             thus
             succeeded
             without
             this
             lineal
             Right
             of
             Succession
             ,
             have
             been
             not
             only
             ,
             during
             their
             own
             Reigns
             ,
             owned
             for
             true
             and
             Legal
             Kings
             ;
             Attainders
             (
             of
             Treason
             ,
             holding
             good
             against
             all
             Persons
             that
             conspired
             against
             them
             )
             but
             also
             after
             their
             Reigns
             were
             ended
             ;
             for
             we
             see
             all
             such
             Acts
             of
             Parliament
             made
             under
             them
             stand
             good
             at
             this
             day
             ,
             unless
             it
             were
             those
             that
             were
             Repealed
             by
             subsequent
             Parliaments
             :
             and
             can
             there
             then
             be
             any
             Question
             made
             ,
             but
             that
             the
             present
             Parliament
             have
             as
             much
             Power
             to
             settle
             the
             Crown
             upon
             his
             
             present
             Majesty
             for
             Life
             ,
             as
             they
             had
             to
             settle
             it
             upon
             King
             Henry
             the
             IV.
             or
             Henry
             the
             VII
             .
             and
             the
             Heirs
             of
             their
             Bodies
             ?
             since
             those
             Princes
             could
             not
             deserve
             more
             from
             the
             Nation
             ,
             in
             freeing
             it
             from
             the
             Tyranny
             of
             the
             two
             Richards
             ,
             the
             II.
             and
             III.
             than
             his
             present
             Majesty
             hath
             done
             by
             freeing
             us
             from
             the
             Arbitrary
             Power
             of
             King
             Iames.
             And
             let
             me
             tell
             you
             farther
             ,
             that
             the
             Gentlemen
             you
             mention
             were
             mistaken
             in
             their
             Repetition
             of
             that
             Act
             of
             Recognition
             of
             King
             Iames
             the
             
             Ist's
             Title
             ;
             for
             though
             it
             is
             true
             they
             acknowledged
             him
             for
             undoubted
             lineal
             Heir
             of
             the
             Crown
             ,
             yet
             they
             do
             no
             where
             in
             that
             Act
             tie
             or
             oblige
             themselves
             and
             their
             Posterity
             to
             him
             ,
             and
             his
             right
             Heirs
             ,
             by
             that
             Act
             of
             Parliament
             ;
             but
             only
             in
             general
             ,
             that
             they
             promise
             Obedience
             and
             Loyalty
             to
             that
             King
             ,
             and
             his
             Royal
             Progeny
             ;
             and
             sure
             none
             will
             deny
             Their
             present
             Majesties
             to
             be
             the
             true
             Progeny
             of
             King
             Iames
             the
             Ist.
             
          
        
         
           
             F.
             
          
           
             I
             grant
             this
             seems
             very
             reasonable
             ;
             but
             those
             Gentlemen
             I
             now
             mentioned
             also
             said
             ,
             that
             Henry
             the
             IV.
             was
             in
             the
             Reign
             of
             King
             Edward
             the
             IV.
             declared
             an
             Usurper
             by
             Act
             of
             Parliament
             ;
             
             and
             as
             for
             Henry
             the
             Seventh
             ,
             he
             had
             either
             a
             Title
             from
             the
             House
             of
             Lancaster
             by
             the
             tacite
             concession
             of
             his
             Mother
             ,
             or
             else
             from
             that
             of
             York
             by
             the
             like
             tacite
             concession
             of
             the
             Princess
             Elizabeth
             his
             Wife
             ;
             or
             else
             if
             there
             were
             no
             such
             concession
             ,
             he
             was
             an
             Usurper
             till
             he
             had
             Married
             the
             said
             Princess
             ,
             she
             being
             Heiress
             of
             the
             Crown
             .
             Pray
             what
             say
             you
             ,
             Sir
             ,
             to
             this
             ?
          
        
         
           
             I.
             
          
           
             Pray
             tell
             those
             Gentlemen
             from
             me
             ,
             that
             they
             are
             quite
             out
             in
             their
             Suppositions
             ;
             for
             if
             an
             Act
             of
             Parliament
             of
             Edward
             the
             Fourth
             ,
             be
             of
             sufficient
             Authority
             to
             prove
             Henry
             the
             Fourth
             an
             Usurper
             ,
             I
             can
             give
             you
             another
             Act
             of
             Parliament
             (
             though
             not
             Printed
             )
             which
             reverses
             the
             Attainder
             of
             King
             Henry
             the
             Sixth
             ,
             Margaret
             his
             Queen
             ,
             and
             Prince
             Edward
             their
             Son
             ;
             wherein
             it
             is
             expresly
             declared
             ,
             *
             
               that
               King
               Henry
               the
               Sixth
               was
               contrary
               to
               all
               Allegiance
               and
               due
               order
               ,
               attainted
               of
               High
               Treason
               in
               the
               first
               Year
               of
               King
               Edward
               the
               Fourth
               ;
               wherefore
               it
               is
               by
               the
               Advice
               and
               Assent
               of
               the
               Lords
               Spiritual
               
               and
               Temporal
               ,
               Assembled
               in
               Parliament
               ,
               Enacted
               ,
               That
               all
               Acts
               of
               Attainder
               ,
               Forfeiture
               ,
               and
               Disablement
               ,
               made
               in
               the
               said
               Parliament
               against
               the
               said
               Blessed
               Prince
               King
               Henry
               ,
               are
               made
               void
               ,
               Annulled
               and
               Repealed
               .
            
             So
             that
             if
             the
             Attainder
             of
             Henry
             the
             Sixth
             was
             against
             all
             due
             Order
             and
             Allegiance
             ,
             then
             certainly
             the
             said
             King
             must
             have
             been
             a
             Lawful
             King
             ,
             and
             not
             an
             Usurper
             at
             the
             time
             of
             his
             Death
             ;
             and
             if
             he
             were
             not
             so
             ,
             then
             certainly
             the
             like
             must
             be
             affirmed
             of
             Henry
             the
             Fourth
             ,
             from
             whom
             he
             was
             descended
             ,
             and
             under
             whom
             he
             claimed
             :
             And
             as
             for
             Henry
             the
             Seventh
             ,
             there
             was
             no
             formal
             Cession
             of
             their
             Right
             ever
             given
             by
             the
             Countess
             his
             Mother
             ,
             or
             the
             Princess
             his
             Wife
             ,
             either
             before
             ,
             or
             after
             his
             coming
             to
             the
             Crown
             :
             And
             as
             for
             a
             tacite
             and
             implied
             Cession
             ,
             expressed
             by
             saying
             nothing
             against
             it
             ,
             pray
             tell
             me
             why
             we
             may
             not
             as
             well
             suppose
             a
             like
             tacite
             consent
             in
             the
             Princess
             of
             
             Denmark's
             not
             making
             any
             Opposition
             or
             Protestation
             against
             this
             Act
             ,
             whereby
             the
             Crown
             was
             settled
             upon
             his
             Majesty
             during
             his
             Life
             ,
             but
             rather
             agreeing
             to
             it
             ?
             for
             I
             have
             heard
             that
             several
             of
             her
             Servants
             in
             both
             Houses
             ,
             
             did
             declare
             ,
             that
             the
             Princess
             did
             not
             design
             that
             her
             future
             Right
             should
             be
             any
             hindrance
             to
             the
             present
             Settlement
             .
             Pray
             therefore
             tell
             me
             ,
             why
             may
             not
             King
             William
             hold
             the
             Crown
             after
             the
             Death
             of
             the
             Queen
             (
             if
             she
             should
             happen
             first
             to
             die
             )
             without
             any
             Usurpation
             ,
             as
             well
             as
             King
             Henry
             the
             Seventh
             held
             it
             after
             the
             Death
             of
             his
             Queen
             ,
             notwithstanding
             his
             two
             Sons
             ,
             Prince
             Arthur
             and
             Henry
             both
             lived
             to
             be
             Married
             before
             their
             Father
             Died
             ;
             and
             Henry
             the
             Eighth
             was
             then
             in
             his
             nineteenth
             or
             twentieth
             Year
             of
             his
             Age
             ;
             old
             enough
             of
             conscience
             to
             govern
             himself
             ?
          
        
         
           
             F.
             
          
           
             I
             confess
             these
             things
             were
             altogether
             unknown
             to
             me
             before
             ,
             as
             they
             are
             I
             believe
             to
             most
             of
             my
             condition
             ;
             and
             I
             give
             your
             Worship
             many
             thanks
             for
             your
             kind
             Information
             .
             But
             ,
             pray
             Sir
             ,
             resolve
             me
             one
             Question
             more
             ,
             and
             I
             have
             done
             ;
             Do
             you
             think
             a
             Man
             may
             Lawfully
             take
             the
             new
             Oath
             of
             Allegiance
             to
             Their
             present
             Majesties
             ,
             notwithstanding
             King
             Iames
             is
             still
             alive
             ?
             and
             do
             you
             think
             I
             could
             justifie
             it
             (
             in
             Law
             )
             should
             I
             be
             called
             to
             an
             account
             for
             it
             ,
             if
             he
             should
             again
             by
             some
             unexpected
             means
             or
             other
             obtain
             the
             Throne
             ?
          
        
         
           
           
             I.
             
          
           
             Well
             ,
             Neighbour
             ,
             to
             satisfie
             you
             as
             to
             the
             first
             of
             your
             questions
             ,
             I
             answer
             thus
             ;
             I
             doubt
             not
             but
             you
             may
             Lawfully
             take
             this
             Oath
             ,
             since
             the
             Parliament
             have
             done
             no
             more
             in
             thus
             setling
             the
             Crown
             ,
             than
             what
             many
             former
             Parliaments
             have
             done
             before
             in
             like
             Cases
             ;
             whose
             Proceedings
             have
             been
             still
             looked
             upon
             as
             good
             ,
             and
             held
             unquestioned
             unto
             this
             day
             ;
             as
             appears
             by
             the
             President
             of
             Henry
             the
             VIIth
             .
             I
             now
             gave
             you
             ;
             and
             upon
             which
             Declarations
             of
             Parliament
             (
             who
             are
             the
             only
             proper
             Judges
             ,
             who
             have
             most
             Right
             to
             the
             Crown
             ,
             in
             case
             of
             any
             dispute
             about
             it
             )
             the
             People
             of
             this
             Kingdom
             have
             still
             thought
             themselves
             sufficiently
             obliged
             to
             take
             such
             Oaths
             of
             Fidelity
             and
             Allegiance
             ,
             as
             the
             Government
             thought
             fit
             to
             frame
             ,
             and
             require
             of
             them
             according
             to
             Law.
             
          
           
             But
             ,
             I
             confess
             ,
             the
             latter
             of
             your
             questions
             is
             somewhat
             harder
             to
             be
             answered
             ,
             because
             it
             depends
             upon
             a
             matter
             that
             is
             farther
             remote
             ,
             since
             we
             cannot
             tell
             whether
             if
             (
             ever
             at
             all
             )
             King
             Iames
             should
             re-obtain
             the
             Throne
             ,
             by
             
             what
             means
             it
             may
             happen
             ;
             for
             if
             it
             should
             be
             by
             the
             Force
             either
             of
             the
             Irish
             ,
             or
             French
             Nations
             ,
             I
             doubt
             not
             but
             we
             should
             be
             all
             made
             mere
             Slaves
             and
             Vassals
             ,
             without
             any
             Law
             or
             setled
             Property
             ,
             but
             his
             own
             Will
             :
             But
             if
             it
             should
             be
             by
             any
             Agreement
             or
             Composition
             with
             him
             upon
             his
             Engagement
             to
             Govern
             according
             to
             Law
             ;
             the●
             le●
             me
             tell
             you
             ,
             Not
             only
             your self
             but
             every
             other
             Subject
             that
             takes
             this
             Oath
             ,
             will
             have
             a
             good
             Plea
             in
             Law
             for
             taking
             it
             ,
             by
             the
             Statute
             of
             the
             11th
             .
             of
             Henry
             the
             VIIth
             .
             *
             whereby
             it
             is
             expresly
             Enacted
             ;
             
               That
               every
               Subject
               ,
               by
               the
               duty
               of
               his
               Allegiance
               ,
               is
               bound
               to
               Serve
               and
               Assist
               his
               Prince
               and
               Sovereign
               Lord
               at
               all
               seasons
               ,
               when
               need
               shall
               require
               ;
               and
               then
               follows
               an
               Act
               of
               Indemnity
               for
               all
               those
               that
               shall
               personally
               serve
               the
               King
               ,
               for
               the
               time
               being
               ,
               in
               his
               Wars
               :
            
             Which
             were
             altogether
             unreasonable
             ,
             if
             Allegiance
             had
             not
             been
             due
             before
             to
             such
             a
             King
             as
             their
             Sovereign
             Lord
             ,
             mentioned
             in
             the
             Preamble
             ;
             and
             if
             Allegiance
             were
             due
             
             to
             him
             ,
             then
             certainly
             an
             Oath
             may
             lawfully
             be
             taken
             to
             observe
             it
             ;
             since
             it
             is
             no
             more
             than
             what
             the
             Law
             hath
             ever
             required
             from
             Subjects
             to
             such
             a
             King
             ,
             not
             only
             by
             this
             Statute
             ,
             but
             at
             Common
             Law
             too
             ,
             as
             appears
             by
             my
             Lord
             Cookes
             Comment
             on
             the
             Statute
             of
             Edward
             the
             IIId
             .
             where
             he
             asserts
             not
             only
             from
             the
             Authority
             of
             this
             Statute
             ,
             but
             also
             from
             the
             old
             Year-Books
             ,
             that
             a
             King
             
               de
               Facto
            
             ,
             or
             for
             the
             time
             being
             ,
             is
             our
             Lord
             the
             King
             ,
             intended
             in
             that
             Statute
             ;
             and
             that
             the
             other
             ,
             who
             hath
             a
             Right
             and
             is
             out
             of
             Possession
             ,
             is
             not
             within
             this
             Act.
             
          
           
             So
             that
             ,
             you
             see
             ,
             according
             to
             this
             Act
             of
             Henry
             the
             VIIth
             .
             as
             also
             by
             the
             Judgment
             of
             the
             best
             Lawyers
             of
             England
             ,
             whatever
             Person
             is
             once
             solemnly
             Crowned
             King
             of
             England
             ,
             and
             hath
             been
             so
             Recognized
             by
             Authority
             of
             Pariiament
             (
             as
             Their
             Present
             Majesties
             have
             now
             been
             )
             are
             ,
             and
             ever
             have
             been
             esteemed
             Lawful
             and
             Rightful
             Kings
             or
             Queens
             ,
             though
             they
             had
             no
             Hereditary
             Right
             of
             Succession
             as
             next
             of
             Blood
             ,
             as
             I
             have
             proved
             to
             you
             from
             the
             instance
             of
             
             King
             Henry
             the
             4th
             .
             and
             7th
             .
             and
             could
             do
             also
             by
             the
             Examples
             of
             Queen
             Mary
             ,
             or
             Queen
             Elizabeth
             ,
             (
             take
             which
             you
             please
             )
             since
             they
             could
             not
             both
             of
             them
             succeed
             as
             the
             Legitimate
             Daughters
             and
             Heirs
             of
             King
             Henry
             the
             Eighth
             :
             So
             that
             it
             is
             plain
             ,
             one
             or
             other
             of
             these
             Queens
             had
             no
             better
             than
             a
             Parliamentary
             Title
             to
             the
             Crown
             :
             Therefore
             ,
             upon
             the
             whole
             matter
             ,
             whether
             Their
             present
             Majesties
             are
             Heirs
             to
             the
             Crown
             by
             Lineal
             Descent
             ,
             is
             not
             the
             Question
             ;
             but
             whether
             by
             the
             Law
             of
             England
             they
             are
             not
             to
             all
             intents
             and
             purposes
             Lawful
             and
             Rightful
             King
             and
             Queen
             ;
             so
             that
             an
             Oath
             of
             Allegiance
             may
             be
             lawfully
             taken
             to
             them
             ,
             and
             all
             men
             obliged
             to
             serve
             them
             in
             all
             their
             Wars
             and
             other
             Affairs
             ,
             even
             against
             King
             Iames
             himself
             ;
             since
             we
             cannot
             serve
             Two
             Masters
             ,
             that
             is
             ,
             owe
             Allegiance
             to
             Two
             Kings
             at
             once
             .
          
        
         
           
             F.
             
          
           
             I
             cannot
             deny
             but
             what
             you
             say
             seems
             not
             only
             very
             reasonable
             ,
             but
             also
             according
             to
             Law
             ;
             but
             I
             heard
             the
             Squire
             and
             the
             Parson
             we
             but
             now
             mentioned
             ,
             positively
             assert
             ,
             That
             the
             King
             
             and
             Parliament
             had
             no
             Power
             to
             alter
             the
             Succession
             to
             thē
             Crown
             ,
             though
             they
             would
             ;
             and
             that
             therefore
             this
             Statute
             of
             Henry
             the
             Seventh
             ,
             you
             now
             mentioned
             ,
             which
             indemnifies
             all
             those
             that
             take
             up
             Arms
             in
             defence
             of
             the
             King
             for
             the
             time
             being
             ,
             is
             void
             :
             First
             ,
             Because
             made
             by
             an
             Usurper
             who
             had
             no
             Right
             to
             make
             such
             a
             Law
             in
             prejudice
             of
             the
             true
             King
             ,
             or
             the
             next
             Heirs
             of
             the
             Crown
             ;
             but
             also
             because
             (
             as
             they
             said
             )
             it
             was
             but
             a
             Temporary
             Act
             ,
             and
             was
             to
             last
             no
             longer
             than
             during
             his
             life
             ;
             and
             lastly
             ,
             because
             this
             Statute
             hath
             never
             been
             allowed
             ,
             or
             held
             for
             good
             in
             any
             cases
             of
             Assisting
             Usurpers
             ,
             since
             that
             time
             ;
             for
             the
             Duke
             of
             Northumberland
             was
             Arraigned
             and
             Executed
             for
             Treason
             ,
             in
             the
             time
             of
             Queen
             Mary
             ,
             because
             he
             had
             Assisted
             and
             Taken
             up
             Arms
             on
             behalf
             of
             the
             Lady
             
               Iane
               Gray
            
             ,
             who
             was
             Proclaimed
             Queen
             ,
             and
             Reign'd
             as
             such
             for
             about
             a
             Fortnight
             ;
             and
             yet
             ,
             tho
             the
             Duke
             Pleaded
             afterwards
             that
             he
             had
             Acted
             nothing
             but
             by
             Order
             of
             the
             Queen
             and
             Council
             for
             the
             time
             being
             ;
             yet
             this
             Plea
             was
             over-ruled
             by
             the
             Peers
             ,
             who
             were
             his
             Judges
             ,
             and
             he
             was
             Executed
             notwithstanding
             .
             Lastly
             ,
             they
             said
             ,
             That
             this
             Statute
             was
             implicitly
             ,
             or
             by
             
             consequence
             Repealed
             by
             those
             Statutes
             of
             Queen
             Elizabeth
             and
             King
             Iemes
             ,
             which
             appoint
             the
             Oaths
             of
             Allegiance
             to
             be
             only
             taken
             to
             the
             King
             ,
             his
             Heirs
             ,
             and
             lawful
             Successors
             ;
             besides
             a
             Statute
             of
             the
             28th
             .
             of
             King
             Henry
             the
             Eighth
             ,
             by
             which
             it
             is
             made
             Treason
             in
             any
             of
             those
             on
             whom
             he
             had
             setled
             the
             Crown
             ,
             or
             should
             bequeath
             it
             by
             his
             last
             Will
             ,
             to
             Usurp
             upon
             the
             Right
             of
             each
             other
             ;
             which
             could
             never
             have
             been
             ,
             if
             the
             King
             or
             Queen
             for
             the
             time
             being
             must
             have
             been
             Assisted
             and
             Obey'd
             by
             all
             the
             Subjects
             of
             this
             Realm
             ,
             as
             if
             they
             were
             Rightfully
             so
             ;
             and
             therefore
             they
             concluded
             ,
             that
             this
             Statute
             of
             Henry
             the
             Seventh
             could
             make
             no
             alteration
             in
             the
             ancient
             Law
             concerning
             the
             Succession
             ,
             but
             that
             it
             stands
             still
             as
             it
             did
             before
             that
             Statute
             was
             made
             ,
             and
             as
             it
             was
             declared
             in
             the
             Case
             of
             Edward
             the
             Fourth
             ,
             by
             which
             it
             was
             affirmed
             ,
             That
             the
             Henries
             ,
             the
             
               Fourth
               Fifth
            
             ,
             and
             Sixth
             ,
             were
             Kings
             only
             in
             Deed
             ,
             and
             not
             of
             Right
             ,
             and
             but
             pretended
             Kings
             ,
             and
             that
             the
             Statute
             which
             setled
             the
             Crown
             upon
             Henry
             the
             Fourth
             and
             his
             Issue
             ,
             was
             absolutely
             void
             ,
             against
             the
             Duke
             of
             York
             and
             his
             Heirs
             .
          
        
         
           
             I.
             
          
           
             If
             this
             be
             all
             they
             had
             to
             say
             ,
             I
             
             doubt
             not
             but
             to
             answer
             it
             well
             enough
             ;
             and
             therefore
             as
             to
             their
             first
             Objection
             ,
             which
             would
             make
             this
             Statute
             of
             Henry
             the
             VIIth
             .
             void
             ,
             because
             made
             by
             an
             Usurper
             ;
             methinks
             they
             might
             have
             been
             so
             civil
             as
             to
             have
             allowed
             him
             to
             be
             lawful
             King
             in
             Right
             of
             his
             Wife
             at
             least
             ;
             this
             Statute
             being
             made
             during
             the
             time
             of
             his
             marriage
             with
             the
             Princess
             Elizabeth
             ,
             but
             indeed
             nothing
             more
             betrays
             these
             Gentlemens
             ignorance
             in
             our
             Laws
             ;
             since
             if
             they
             will
             but
             look
             on
             any
             ordinary
             Statute
             Book
             ,
             they
             will
             find
             that
             the
             Statutes
             of
             those
             Kings
             they
             look
             upon
             as
             Usurpers
             ,
             are
             of
             as
             much
             force
             at
             this
             day
             ,
             as
             those
             enacted
             by
             Princes
             in
             a
             right
             line
             ,
             unless
             it
             were
             such
             as
             have
             been
             since
             Repeal'd
             by
             some
             subsequent
             Statutes
             .
             2dly
             .
             Their
             Objection
             of
             its
             being
             a
             Temporary
             Law
             ,
             only
             during
             that
             King's
             Life
             ,
             is
             also
             as
             vain
             ,
             since
             the
             Statute
             it self
             mentions
             no
             such
             thing
             ;
             but
             speaks
             of
             the
             King
             for
             the
             time
             being
             ,
             in
             all
             succeeding
             times
             ,
             without
             any
             mention
             of
             King
             Henry
             the
             VIIth
             .
             in
             particular
             .
             3dly
             .
             That
             the
             Judges
             have
             lookt
             upon
             it
             as
             a
             void
             Law
             ,
             or
             else
             Repeal'd
             it
             also
             as
             false
             ;
             for
             the
             Case
             of
             the
             Duke
             of
             Northumberland
             ,
             does
             not
             prove
             it
             to
             be
             so
             ;
             for
             though
             the
             Duke
             did
             not
             ,
             as
             we
             can
             ever
             find
             ,
             
             plead
             this
             Statute
             at
             his
             Trial
             ,
             yet
             I
             think
             if
             he
             had
             ,
             it
             would
             not
             have
             helpt
             him
             ,
             since
             the
             King
             or
             Queen
             ,
             for
             the
             time
             ,
             being
             within
             this
             Statute
             ,
             I
             only
             take
             to
             be
             he
             or
             she
             that
             have
             been
             solemnly
             Crowned
             and
             Recognized
             by
             a
             free
             Parliament
             ;
             or
             such
             a
             one
             on
             whom
             the
             Crown
             is
             entail'd
             by
             Statute
             ;
             which
             it
             never
             was
             on
             the
             Lady
             Iane
             ,
             on
             whom
             the
             Crown
             was
             only
             bestow'd
             by
             King
             Edward
             the
             VIth's
             Letters-Patents
             ,
             and
             consequently
             had
             no
             Title
             by
             Act
             of
             Parliament
             .
             And
             lastly
             ,
             that
             this
             Statute
             of
             11th
             of
             Henry
             VIIth
             .
             was
             never
             Repeal'd
             by
             any
             subsequent
             Act
             ,
             is
             likely
             as
             certain
             ;
             for
             I
             never
             heard
             before
             ,
             that
             any
             Act
             of
             Parliament
             could
             ever
             be
             Repeal'd
             by
             Implication
             ,
             but
             only
             by
             express
             words
             :
             But
             indeed
             ,
             none
             of
             those
             Statutes
             you
             mention
             have
             done
             it
             so
             much
             as
             by
             Implication
             ;
             for
             though
             the
             Oaths
             of
             Allegiance
             ,
             and
             Supremacy
             are
             to
             be
             taken
             to
             the
             King
             or
             Queen
             ,
             and
             their
             Heirs
             ,
             and
             Lawful
             Successors
             ;
             yet
             who
             those
             Heirs
             or
             Lawful
             Successors
             shall
             be
             ,
             can
             only
             be
             known
             by
             some
             Law
             or
             other
             ;
             now
             who
             can
             declare
             what
             this
             Law
             is
             ,
             or
             shall
             be
             ,
             but
             the
             King
             and
             Parliament
             the
             sole
             Supream
             Legislators
             ?
             And
             that
             this
             is
             Law
             at
             this
             day
             ,
             appears
             by
             this
             undeniable
             Authority
             ,
             
             that
             it
             is
             by
             the
             Statute
             of
             the
             13th
             of
             Elizabeth
             ,
             declared
             to
             be
             
               Treason
               ,
               during
               the
               Life
               of
               the
               Queen
               ,
               for
               any
               Person
               to
               affirm
               that
               the
               Queen
               and
               Parliament
               had
               not
               Power
               to
               make
               Laws
               ,
               to
               limit
               ,
               and
               bind
               ,
               and
               govern
               the
               Succession
               of
               the
               Crown
               ,
               in
               Possession
               ,
               Remainder
               ,
               or
               Reversion
               ;
               (
               and
               to
               shew
               you
               that
               this
               Statute
               is
               still
               in
               force
               )
               every
               Person
               so
               holding
               ,
               or
               affirming
               after
               the
               said
               Queen's
               Decease
               ,
               shall
               forfeit
               all
               their
               Lands
               ,
               and
               Goods
               .
            
             But
             as
             for
             the
             Statute
             of
             Henry
             the
             VIIIth
             .
             that
             will
             help
             them
             least
             of
             all
             ;
             for
             it
             appears
             by
             the
             Statute
             it self
             ,
             that
             the
             Treason
             thereby
             Enacted
             ,
             could
             only
             arise
             from
             thence
             ,
             and
             extend
             no
             farther
             than
             the
             Persons
             therein
             mention'd
             ;
             nor
             is
             the
             Succession
             of
             the
             Crown
             in
             a
             right
             line
             setled
             or
             confirmed
             by
             this
             Statute
             ,
             but
             the
             clear
             contrary
             ;
             since
             King
             Henry
             had
             Power
             by
             this
             Statute
             to
             bequeath
             the
             Crown
             by
             his
             last
             Will
             and
             Testament
             ,
             under
             his
             Seal
             and
             Sign
             Manual
             ;
             which
             he
             afterwards
             actually
             took
             upon
             him
             to
             do
             ;
             so
             that
             the
             Law
             still
             continues
             as
             it
             did
             before
             that
             Act
             of
             Edward
             the
             IVth
             .
             you
             now
             mentioned
             was
             made
             ,
             since
             it
             is
             declared
             by
             that
             unprinted
             Act
             of
             Henry
             the
             VIIth
             .
             I
             have
             now
             cited
             ,
             that
             King
             Henry
             the
             VIth
             .
             was
             
             unjustly
             deposed
             ,
             and
             his
             attainder
             reversed
             ,
             and
             consequently
             his
             Right
             to
             the
             Crown
             is
             thereby
             declared
             to
             be
             good
             and
             valid
             to
             all
             intents
             and
             purposes
             .
          
        
         
           
             F.
             
          
           
             I
             confess
             you
             have
             throughly
             convinced
             me
             in
             this
             matter
             ,
             and
             I
             think
             it
             highly
             reasonable
             that
             it
             should
             be
             so
             ;
             for
             how
             can
             we
             ordinary
             Subjects
             know
             to
             whom
             to
             pay
             our
             Allegiance
             ,
             in
             cases
             of
             any
             disputes
             that
             may
             arise
             about
             the
             different
             Titles
             of
             Princes
             to
             the
             Crown
             ,
             without
             appealing
             to
             some
             proper
             Judges
             of
             it
             ;
             and
             who
             can
             these
             Judges
             be
             ,
             but
             the
             great
             Council
             of
             the
             Nation
             ,
             in
             which
             every
             person
             thereof
             is
             either
             personally
             present
             ,
             or
             vertually
             represented
             ?
             and
             if
             this
             were
             the
             effect
             of
             your
             late
             Charge
             at
             our
             Sessions
             ,
             I
             wonder
             any
             persons
             should
             be
             so
             malicious
             as
             to
             misrepresent
             you
             for
             a
             Commonwealths-man
             ;
             but
             pray
             tell
             me
             what
             I
             shall
             say
             to
             those
             Gentlemen
             if
             I
             happen
             to
             come
             again
             into
             their
             Company
             ?
          
        
         
           
             I.
             
          
           
             Pray
             assure
             them
             from
             me
             ,
             that
             I
             am
             no
             more
             a
             Commonwealths-man
             ,
             than
             themselves
             ,
             and
             am
             not
             only
             for
             keeping
             up
             and
             defending
             the
             
             Original
             Constitution
             of
             King
             ,
             Lords
             ,
             and
             Commons
             ,
             and
             the
             Rights
             and
             Liberties
             of
             the
             People
             ;
             but
             am
             also
             for
             an
             Hereditary
             Monarchy
             by
             Lineal
             descent
             ,
             by
             all
             those
             lawful
             means
             by
             which
             our
             Ancestors
             have
             maintained
             them
             ,
             and
             that
             in
             all
             cases
             ;
             except
             where
             the
             exigency
             of
             our
             Affairs
             ,
             and
             the
             necessity
             of
             providing
             for
             the
             Publick
             Peace
             and
             Safety
             of
             the
             Commonwealth
             ,
             have
             not
             obliged
             the
             Estates
             of
             the
             Kingdom
             several
             times
             to
             take
             a
             different
             course
             when
             it
             could
             not
             be
             avoided
             without
             inevitable
             Ruin
             ;
             and
             ,
             I
             suppose
             ,
             the
             same
             Estates
             have
             still
             ,
             by
             the
             very
             Constitution
             ,
             the
             same
             Power
             and
             Right
             of
             Providing
             for
             the
             Peace
             and
             Safety
             of
             the
             Nation
             ,
             and
             the
             Preservation
             of
             our
             Religion
             ,
             Liberties
             ,
             and
             Properties
             ,
             as
             ever
             they
             had
             in
             all
             precedent
             times
             :
             So
             that
             granting
             the
             most
             that
             can
             be
             said
             ,
             that
             the
             Convention
             have
             now
             exercised
             that
             ancient
             Power
             ,
             in
             placing
             Their
             present
             Majesties
             on
             the
             Throne
             ;
             yet
             this
             would
             be
             no
             more
             an
             Argument
             for
             our
             making
             a
             common
             course
             of
             it
             upon
             every
             Succession
             to
             the
             Crown
             ,
             than
             it
             would
             be
             for
             you
             when
             you
             were
             a
             Travelling
             upon
             the
             Road
             to
             break
             into
             any
             bodies
             ground
             you
             pleased
             ,
             because
             you
             may
             have
             been
             forced
             
             when
             the
             way
             has
             proved
             unpassable
             ,
             either
             through
             Water
             or
             Dirt
             ,
             to
             leap
             a
             Ditch
             (
             perhaps
             for
             safeguard
             of
             your
             life
             )
             into
             a
             Neighbour's
             Enclosure
             .
          
        
         
           
             F.
             
          
           
             Sir
             ,
             I
             am
             so
             well
             satisfied
             with
             what
             your
             Worship
             hath
             now
             said
             in
             these
             grand
             Points
             ,
             that
             ,
             with
             your
             good
             leave
             ,
             I
             shall
             not
             fail
             ,
             not
             only
             to
             vindicate
             your
             Person
             from
             those
             aspersions
             ,
             but
             also
             to
             maintain
             the
             lawfulness
             of
             our
             present
             Settlement
             upon
             the
             same
             Principle
             you
             have
             now
             laid
             down
             ;
             since
             I
             know
             of
             none
             that
             seem
             to
             me
             more
             agreeable
             to
             Right
             Reason
             ,
             and
             the
             Laws
             and
             Constitution
             of
             this
             Kingdom
             ;
             and
             therefore
             I
             hope
             you
             will
             always
             believe
             me
             to
             be
             your
             honest
             Neighbour
             and
             humble
             Servant
             ,
             and
             so
             I
             take
             my
             leave
             of
             your
             Worship
             .
          
        
         
           
             I.
             
          
           
             Neighbour
             ,
             I
             am
             yours
             ,
             and
             bid
             you
             heartily
             farewel
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
         
         
           Books
           Sold
           by
           
             Richard
             Baldwin
          
           .
        
         
           THE
           Works
           of
           
             F.
             Rabelais
          
           ,
           M
           D.
           In
           Five
           Books
           ;
           or
           the
           Lives
           ,
           Heroick
           Deeds
           and
           Sayings
           of
           the
           Good
           Gargantua
           and
           Pantagruel
           ,
           and
           his
           Voyage
           to
           the
           Oracle
           of
           the
           Bottle
           .
           As
           also
           his
           Historical
           Letters
           .
           To
           which
           is
           added
           ,
           the
           Author's
           Life
           ,
           and
           Explanatory
           Remarks
           .
           By
           Mr.
           Motteux
           .
           Never
           before
           Printed
           in
           English.
           
        
         
           
             Bibliotheca
             Politica
          
           :
           Or
           an
           Enquiry
           into
           the
           Ancient
           Constitution
           of
           the
           English
           Government
           ;
           with
           Respect
           both
           to
           the
           just
           Extent
           of
           Regal
           Power
           ,
           and
           to
           the
           Rights
           and
           Liberties
           of
           the
           Subject
           .
           Wherein
           all
           the
           chief
           Arguments
           ,
           as
           well
           against
           as
           for
           the
           Late
           Revolution
           ,
           are
           Impartially
           represented
           and
           considered
           .
           In
           XIII
           .
           Dialogues
           .
           Collected
           out
           of
           the
           best
           Authors
           both
           Ancient
           and
           Modern
           .
           To
           which
           is
           added
           ,
           An
           Alphabetical
           Index
           to
           the
           whole
           Work.
           
        
         
           
             The
             remarkable
             Sayings
             ,
             Apothegms
             and
             Maxims
             of
             the
             Eastern
             Nations
             ,
          
           Abstracted
           and
           Translated
           out
           of
           their
           Books
           written
           in
           the
           
             Arabian
             ,
             Persian
          
           ,
           and
           Turkish
           Language
           ,
           with
           Remarks
           :
           by
           
             Monsieur
             Galland
          
           ,
           who
           lived
           many
           Years
           in
           those
           Countries
           .
           Translated
           from
           the
           Paris
           Edition
           ,
           into
           English
           Twelves
           ,
           Printed
           for
           
             Richard
             Baldwin
          
           ,
           near
           the
           Oxford-Arms
           in
           Warwick-Lane
           .
        
         
           
             The
             World
             bewitch'd
          
           ,
           (
           is
           now
           publish'd
           )
           containing
           an
           Examination
           of
           the
           common
           Opinions
           concerning
           Spirits
           ,
           their
           Nature
           ,
           Power
           ,
           Administration
           ,
           and
           Operations
           ;
           as
           also
           the
           Effects
           men
           are
           able
           to
           produce
           by
           their
           Communication
           .
           Divided
           into
           Four
           parts
           .
           By
           
             Belthazer
             Bekker
          
           .
           D.
           D.
           and
           Pastor
           at
           Amsterdam
           .
           Vol.
           I.
           Translated
           from
           a
           French
           Copy
           ,
           Approved
           of
           ,
           and
           Subscribed-by
           the
           Author
           's
           own
           hand
           .
        
         
         
           A
           New
           and
           Easie
           Method
           to
           understand
           the
           Roman
           History
           .
           With
           an
           exact
           Chronology
           of
           the
           Reign
           of
           the
           Emperors
           ;
           An
           Account
           of
           the
           most
           Eminent
           Authors
           ,
           when
           they
           flourish'd
           ;
           And
           an
           Abridgment
           of
           the
           Roman
           Antiquities
           and
           Customs
           .
           By
           way
           of
           Dialogue
           ,
           for
           the
           use
           of
           the
           Duke
           of
           Burgundy
           .
           Done
           out
           of
           French
           ,
           with
           very
           large
           Additions
           and
           Amendments
           ,
           by
           Mr.
           
             Tho.
             Brown.
          
           
        
         
           A
           Collection
           of
           Speeches
           of
           the
           Right
           Honourable
           Henry
           late
           Earl
           of
           Warrington
           ,
           viz.
           I
           His
           Speech
           upon
           his
           being
           sworn
           Mayor
           of
           Chester
           ,
           in
           November
           1691.
           
           II.
           His
           Speech
           to
           the
           Grand
           Jury
           at
           
             Chester
             ,
             April
          
           13.
           1692.
           
           III.
           His
           Charge
           to
           the
           Grand
           Jury
           at
           the
           Quarter-Sessions
           held
           for
           the
           County
           of
           Chester
           ,
           on
           the
           11th
           .
           of
           October
           ,
           1692.
           
           IV.
           His
           Charge
           to
           the
           Grand
           Jury
           at
           the
           Quarter-Sessions
           held
           for
           the
           County
           of
           Chester
           ,
           on
           the
           25th
           .
           of
           April
           ,
           1693.
           
        
         
           Letters
           of
           State
           ,
           Written
           by
           Mr.
           
             Iohn
             Milton
          
           ,
           To
           most
           of
           the
           Sovereign
           Princes
           and
           Republicks
           of
           Europe
           .
           From
           the
           Year
           1649.
           till
           the
           Year
           1659.
           
           To
           which
           is
           added
           ,
           An
           Account
           of
           his
           Life
           .
           Together
           with
           several
           of
           his
           Poems
           ;
           And
           a
           Catalogue
           of
           his
           Works
           ,
           never
           before
           Printed
           .
        
         
           Mathematical
           Magick
           :
           Or
           the
           Wonders
           that
           may
           be
           performed
           by
           Mechanical
           Geometry
           .
           In
           Two
           Books
           .
           Concerning
           
             Mechanical
             Powers
             ,
             Motions
          
           .
           Being
           one
           of
           the
           most
           easie
           ,
           pleasant
           ,
           useful
           ,
           (
           and
           yet
           most
           neglected
           )
           part
           of
           Mathematicks
           ,
           not
           before
           treated
           of
           in
           this
           Language
           .
        
         
           Mercury
           ;
           or
           the
           Secret
           and
           Swift
           Messenger
           Shewing
           how
           a
           man
           may
           with
           privacy
           and
           speed
           communicate
           his
           Thoughts
           to
           a
           Friend
           at
           any
           distance
           .
           The
           Second
           Edition
           .
           By
           the
           Right
           Reverend
           Father
           in
           God
           ,
           
             Iohn
             Wilkins
          
           ,
           late
           Lord
           Bishop
           of
           Chester
           .
           Printed
           for
           
             Rich.
             Baldwin
          
           ,
           where
           are
           to
           be
           had
           ,
           The
           World
           in
           the
           Moon
           .
        
         
         
           
           England's
           Interest
           ;
           Or
           ,
           a
           Discipline
           for
           Seamen
           :
           Wherein
           is
           proposed
           ,
           a
           Sure
           Method
           for
           Raising
           Qualified
           Seamen
           for
           the
           well
           Manning
           Their
           Majesties
           Fleet
           on
           all
           Occasions
           .
           Also
           a
           Method
           whereby
           Seamen
           will
           be
           obliged
           mutually
           to
           Relieve
           each
           other
           on
           board
           the
           Men
           of
           War
           yearly
           ,
           or
           thereabout
           ;
           except
           where
           any
           Seaman
           by
           his
           own
           voluntary
           Consent
           shall
           be
           willing
           to
           stay
           longer
           .
           Likewise
           is
           shewed
           the
           Advantages
           which
           by
           these
           Methods
           will
           accrue
           to
           the
           Nation
           in
           general
           ,
           and
           in
           particular
           to
           the
           Merchants
           and
           Seamen
           :
           For
           hereby
           the
           Wages
           now
           given
           in
           Merchant-Ships
           will
           be
           brought
           lower
           ,
           and
           every
           Seaman
           will
           have
           the
           liberty
           of
           chusing
           his
           own
           Commander
           ,
           after
           the
           first
           year
           ,
           and
           continuing
           with
           him
           ,
           if
           he
           so
           likes
           .
           By
           Captain
           
             George
             St.
             Lo.
          
           
        
         
           An
           Answer
           to
           a
           Paper
           written
           by
           Count
           d'Avaux
           ,
           the
           French
           King's
           Ambassador
           in
           Sueden
           ,
           concerning
           the
           Proposals
           of
           Peace
           made
           by
           France
           to
           the
           Confederates
           .
        
         
           An
           Essay
           concerning
           Obedience
           to
           the
           Supream
           Powers
           ,
           and
           the
           Duty
           of
           Subjects
           in
           all
           Revolutions
           .
           With
           some
           Considerations
           touching
           the
           present
           Juncture
           of
           Affairs
           .
        
         
           An
           Essay
           concerning
           the
           Laws
           of
           Nations
           ,
           and
           the
           Rights
           of
           Sovereigns
           .
           With
           an
           Account
           of
           what
           was
           said
           at
           the
           Council-board
           by
           the
           Civilians
           upon
           the
           Question
           .
           Whether
           Their
           Majesties
           Subjects
           taken
           at
           Sea
           acting
           by
           the
           Late
           King's
           Commission
           might
           not
           be
           looked
           on
           as
           Pirates
           ?
           With
           Reflections
           upon
           the
           Arguments
           of
           Sir
           
             T.
             P.
          
           and
           Dr.
           Ol.
           Both
           by
           
             Matth.
             Tyndal
          
           ,
           Doctor
           of
           Laws
           .
           The
           Second
           Edition
           .
        
         
           The
           Antiquity
           and
           Justice
           of
           an
           Oath
           of
           Abjuration
           .
           In
           answer
           to
           a
           Treatise
           ,
           Entituled
           ,
           The
           Case
           of
           an
           Oath
           of
           Abjuration
           considered
           .
        
         
           A
           Sermon
           preached
           before
           the
           Right
           Honourable
           the
           Lord-Mayor
           ,
           and
           the
           Court
           of
           Aldermen
           of
           the
           City
           of
           London
           ,
           at
           St.
           Mary-le-Bow
           ,
           on
           the
           
           29th
           of
           May
           ,
           1694.
           
           By
           
             Iohn
             Trenchard
          
           ,
           M.
           A
           Recto
           of
           Wrexhall
           in
           the
           County
           of
           Somerset
           ,
           and
           Chaplain
           to
           the
           Right
           Honourable
           the
           Earl
           of
           Manchester
           .
        
         
           A
           Poem
           on
           the
           Late
           Promotions
           of
           several
           Eminent
           Persons
           in
           Church
           and
           State.
           By
           
             N.
             Nate
          
           ,
           Servant
           to
           Their
           Majesties
           .
        
         
           The
           Doctrine
           of
           the
           Holy
           Trinity
           placed
           in
           its
           due
           light
           ,
           by
           an
           Answer
           to
           a
           late
           Book
           ,
           Entituled
           ,
           Animadversions
           upon
           Dr.
           
           Sherlock's
           Book
           ,
           &c.
           
           Also
           the
           Doctrine
           of
           the
           Incarnation
           of
           our
           Lord
           asserted
           and
           explained
           .
        
         
           
             Liturgia
             Tigurina
          
           :
           Or
           ,
           the
           Book
           of
           Common-Prayer
           and
           Administration
           of
           the
           Sacraments
           ,
           and
           other
           Ecclesiastical
           Rites
           and
           Ceremonies
           ,
           usually
           practised
           ,
           and
           solemnly
           performed
           in
           all
           the
           Churches
           and
           Chappels
           of
           the
           City
           and
           Canton
           of
           Zurick
           in
           Switzerland
           ,
           &c.
           
        
         
           The
           Tragedies
           of
           the
           Last
           Age
           ,
           consider'd
           and
           examin'd
           by
           the
           Practice
           of
           the
           Ancients
           ,
           and
           by
           the
           common
           sense
           of
           all
           Ages
           ;
           in
           a
           Letter
           to
           
             Fleetwood
             Shepherd
          
           ,
           
             Esq
          
           Part
           I.
           The
           Second
           Edition
           .
        
         
           A
           short
           View
           of
           Tragedy
           ;
           its
           Original
           ,
           Excellency
           ,
           and
           Corruption
           ;
           with
           some
           Reflections
           on
           Shakespear
           and
           other
           Practitioners
           for
           the
           Stage
           .
           Both
           by
           Mr.
           Rimer
           ,
           Servant
           to
           Their
           Majesties
           .
        
         
           A
           New
           ,
           Plain
           ,
           Short
           ,
           and
           Compleat
           French
           and
           
             English
             Grammar
          
           ;
           whereby
           the
           Learner
           may
           attain
           in
           few
           months
           to
           speak
           and
           write
           French
           correctly
           ,
           as
           they
           do
           now
           in
           the
           Court
           of
           France
           ;
           and
           wherein
           all
           that
           is
           dark
           ,
           superfluous
           ,
           and
           deficient
           in
           other
           Grammars
           ,
           is
           plain
           ,
           short
           ,
           and
           methodically
           supplied
           .
           Also
           very
           useful
           to
           Strangers
           that
           are
           desirous
           to
           learn
           the
           English
           Tongue
           ;
           for
           whose
           sake
           is
           added
           a
           short
           ,
           but
           very
           exact
           
             English
             Grammar
          
           .
           The
           Third
           Edition
           ,
           with
           Additions
           .
           By
           
             Peter
             Berault
          
           .
        
         
           Truth
           brought
           to
           light
           ;
           or
           the
           History
           of
           the
           first
           14
           Years
           of
           King
           Iames
           I.
           In
           Four
           Parts
           ,
           &c.
           
        
         
           Travels
           into
           divers
           parts
           of
           Europe
           and
           Asia
           ,
           undertaken
           by
           the
           French
           King's
           order
           ,
           to
           discover
           a
           
           new
           way
           by
           land
           into
           China
           ;
           containing
           many
           curious
           Remarks
           in
           Natural
           Philosophy
           ,
           Geography
           ,
           Hydrography
           ,
           and
           History
           .
           Together
           with
           a
           Description
           of
           
             Great
             Tartary
          
           ,
           and
           of
           the
           different
           People
           who
           inhabit
           there
           .
           Done
           out
           of
           French.
           To
           which
           is
           added
           a
           Supplement
           extracted
           from
           Hakluyt
           and
           Purchas
           ,
           giving
           an
           Account
           of
           several
           Journeys
           over
           Land
           from
           
             Russia
             ,
             Persia
          
           ,
           and
           the
           
           Mogul's
           Country
           ,
           to
           China
           ,
           together
           with
           the
           Roads
           and
           distances
           of
           the
           Places
           .
        
         
           Saul
           at
           Endor
           ;
           or
           the
           Ghost
           of
           the
           Marquess
           
             de
             Louvois
          
           consulted
           by
           the
           French
           King
           ,
           concerning
           the
           present
           Affairs
           .
           Done
           out
           of
           French.
           
        
         
           An
           Answer
           to
           the
           late
           King
           
           Iames's
           Declaration
           ,
           dated
           at
           St.
           
             Germains
             ,
             April
          
           the
           7th
           .
           S.
           N.
           1693.
           
           Licensed
           by
           Mr.
           Secretary
           Trenchard
           .
        
         
           Reflections
           upon
           two
           Pamphlets
           lately
           published
           ;
           one
           called
           ,
           
             A
             Letter
             from
             Monsieur
          
           de
           Cross
           ,
           
             concerning
             the
             Memoirs
             of
          
           Christendom
           ;
           And
           the
           other
           ,
           
             An
             Answer
             to
             that
             Letter
          
           ;
           pretended
           to
           have
           been
           written
           by
           the
           Author
           of
           the
           said
           Memoirs
           .
           By
           a
           Lover
           of
           Truth
           .
        
         
           A
           true
           and
           exact
           Account
           of
           the
           Retaking
           a
           Ship
           called
           ,
           
             The
             Friends
             Adventure
             of
          
           Topsham
           ,
           from
           the
           French
           ,
           after
           she
           had
           been
           taken
           six
           days
           ,
           and
           they
           were
           upon
           the
           Coasts
           of
           France
           with
           it
           four
           days
           ;
           where
           one
           Englishman
           and
           a
           Boy
           set
           upon
           seven
           Frenchmen
           ,
           killed
           two
           of
           them
           ,
           took
           the
           other
           five
           Prisoners
           ,
           and
           brought
           the
           Ship
           and
           them
           safe
           to
           England
           ,
           &c.
           
        
         
           A
           Project
           of
           a
           Descent
           upon
           France
           .
           By
           a
           Person
           of
           Quality
           .
        
         
           A
           Compendious
           History
           of
           the
           Taxes
           of
           France
           ,
           and
           of
           the
           Oppressive
           Methods
           of
           Raising
           of
           them
           .
        
         
           An
           Impartial
           Enquiry
           into
           the
           Advantages
           and
           Losses
           that
           England
           hath
           received
           since
           the
           beginning
           of
           this
           Present
           War
           with
           France
           .
        
         
           The
           Gentleman's
           Journal
           :
           Or
           the
           Monthly
           Miscellany
           .
           In
           a
           Letter
           to
           a
           Gentleman
           in
           the
           
           Country
           .
           Consisting
           of
           
             News
             ,
             History
             ,
             Philosophy
             ,
             Poetry
             ,
             Musick
             ,
             Translations
             ,
          
           &c.
           
           Sold
           by
           R.
           Baldwin
           ,
           Where
           are
           to
           be
           had
           compleat
           Sets
           for
           the
           two
           last
           years
           ,
           or
           single
           ones
           for
           every
           Month.
           
        
         
           Nevil
           Pain
           's
           Letter
           ,
           and
           some
           other
           Letters
           that
           concern
           the
           Subject
           of
           his
           Letter
           .
           With
           short
           Notes
           on
           them
           ,
           for
           the
           clearer
           Information
           of
           the
           Members
           of
           Parliament
           ,
           in
           order
           to
           Nevil
           Pain
           's
           Trial.
           
        
         
           A
           True
           Relation
           of
           the
           Wonderful
           Cure
           of
           
             Mary
             Maillard
          
           ,
           (
           lame
           almost
           ever
           since
           she
           was
           born
           )
           on
           Sunday
           the
           26th
           of
           November
           ,
           1693.
           
           With
           the
           Affidavits
           and
           Certificates
           of
           the
           Girl
           ,
           and
           several
           other
           Credible
           and
           Worthy
           Persons
           ,
           who
           knew
           her
           before
           and
           since
           her
           being
           Cured
           .
           To
           which
           is
           added
           ,
           a
           Letter
           from
           Dr.
           Welwood
           to
           the
           Right
           Honourable
           the
           Lady
           Mayoress
           ,
           upon
           that
           Subject
           .
        
         
           A
           Second
           Five
           years
           struggle
           against
           Popery
           and
           Tyranny
           :
           Being
           a
           Collection
           of
           Papers
           ,
           Published
           by
           
             Samuel
             Iohnson
          
           .
        
         
           Remarks
           upon
           Dr.
           
           Sherlock's
           Book
           ,
           Intituled
           the
           Case
           of
           Resistance
           .
        
         
           Reflections
           on
           the
           History
           of
           Passive
           Obedience
           .
        
         
           An
           Argument
           proving
           ,
           that
           the
           Abrogation
           of
           King
           Iames
           by
           the
           People
           of
           England
           from
           the
           Regal
           Throne
           ,
           and
           the
           Promotion
           of
           the
           Prince
           of
           Orange
           ,
           one
           of
           the
           Royal
           Family
           ,
           to
           the
           Throne
           of
           the
           Kingdom
           in
           his
           stead
           ,
           was
           according
           to
           the
           Constitution
           of
           the
           English
           Government
           ,
           and
           Prescribed
           by
           it
           .
           In
           Opposition
           to
           all
           the
           false
           and
           treacherous
           Hypotheses
           ,
           of
           Usurpation
           ,
           Conquest
           ,
           Desertion
           ,
           and
           of
           taking
           the
           Powers
           that
           Are
           upon
           Content
           .
        
         
           An
           Essay
           concerning
           Parliaments
           at
           a
           certainty
           .
        
         
           Notes
           upon
           the
           Phoenix
           Edition
           of
           the
           Pastoral
           Lteters
           ,
           par
           .
           1.
           
        
         
           These
           last
           Six
           Books
           ,
           By
           Mr.
           
             Samuel
             Iohnson
          
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A64086-e460
           
             *
             Vid.
             
               Mirror
               of
               Iustice
            
             ,
             Cap.
             1.
             
             Sect.
             2.
             
          
           
             †
             Vid.
             Modum
             Antiq.
             tenendi
             Parl.
             
          
           
             *
             Vid.
             the
             year-book
             ,
             Ter.
             Pasch.
             
          
           
             †
             Vid.
             1
             o
             Will.
             &
             Mar.
             
          
           
             *
             Chap.
             1.
             
             Sect.
             2.
             
          
           
             *
             Vid.
             Spel.
             Concil
             .
             1
             Vol.
             p.
             29.
             
          
           
             †
             Vid.
             Vitam
             Alfredi
             .
             Edit
             .
             Oxon.
             
          
           
             *
             See
             the
             Old
             Form
             of
             the
             Coronation
             Oath
             before
             the
             Conquest
             ,
             and
             after
             ,
             in
             Mr.
             
             Attwood's
             Treatise
             of
             the
             Antiquity
             of
             an
             Oath
             of
             Abjuration
             ,
             p.
             94.
             to
             the
             end
             .
          
           
             *
             See
             the
             Forms
             of
             those
             Coronations
             in
             
               Stow
               ,
               Holinshed
            
             .
             and
             others
             .
          
           
             *
             Vid.
             Mat.
             West
             .
             p.
             A.
             D.
             1301.
             435.
             436.
             
          
           
             *
             See
             his
             Coronation-Oath
             in
             Mr.
             
             Atwood's
             Treatise
             of
             the
             Oath
             of
             Abjuration
             ,
             p.
             96.
             
          
           
             *
             Vid.
             Lambert's
             Saxon
             Laws
             .
             Leg.
             Guil.
             ●h
             .
             6.
             7.
             p.
             60.
             
          
           
             †
             Lib.
             2.
             
             Chap.
             2.
             
          
           
             *
             
               i.
               e.
            
             Nobiles
             Minores
             .
          
           
             *
             Vid.
             the
             Act
             of
             2
             o.
             Mariae
             ,
             confirming
             the
             Treaty
             of
             Marriage
             with
             King
             Philip.
             
          
           
             *
             Vid.
             Par.
             Rolles
             1.
             
             H.
             7.
             
             N.
             16.
             
          
           
             *
             Chap.
             1.