Reasons for His Majesties passing the bill of exclusion in a letter to a friend. Devonshire, William Cavendish, Duke of, 1640-1707. 1681 Approx. 20 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A35809 Wing D1233 ESTC R253 12264627 ocm 12264627 57968 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. A35809) Transcribed from: (Early English Books Online ; image set 57968) Images scanned from microfilm: (Early English books, 1641-1700 ; 180:14) Reasons for His Majesties passing the bill of exclusion in a letter to a friend. Devonshire, William Cavendish, Duke of, 1640-1707. [2], 6 p. Printed for J.W. and sold by Langly Curtis, London : 1681. "By William Cavendish, afterwards Duke of Devonshire?"--Halkett & Laing (2nd ed.). Title page vignette. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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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 Great Britain -- History -- Charles II, 1660-1685. Great Britain -- Kings and rulers -- Succession. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2006-10 Celeste Ng Sampled and proofread 2006-10 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion REASONS FOR His Majesties Passing THE BILL OF EXCLUSION . IN A LETTER To a FRIEND . LONDON : Printed for J-W . and sold by Langly Curtis , 1681. REASONS for His Majesties Passing The BILL of EXCLUSION . I Am not ignorant that you have lately heard Reports to my disadvantage , concerning some matters relating to the Publick : and though I flatter my self ( much more I confess from your Partiality to me , than any Merit I can pretend to ) that you do not think the worse of me for them ; yet because one cannot be too sure of what one values so highly , as I do your Esteem , I take the liberty to give you some account of my Thoughts of the present posture of Affairs , that if I am not so happy as to continue still in the good opinion you have formerly had of my firmness to the Publick Interest , I may learn at least in what particular you conceive I have varied from it : Which last , though perhaps less welcome than the first , will yet be own'd as a very great mark of your Friendship , since I assure my self , you have too much Charity for me to impute my Errours in this kinde to any worse cause than want of Understanding . I must confess , I have had no great Veneration of late for some Men , who though extreme zealous in appearance for things of Publick Concern , and particularly for the Bill for Excluding the Duke of York from the Succession to the Crown , have yet taken such Methods for the obtaining that Bill , as ( with respect to their Popularity ) look't to me , as if they had rather wish'd it should be denied , than granted . I mean a sort of men that pass with the Vulgar for very publick Spirits , yet are no otherwise for the Publick Good , than as they think it may conduce to their own private Designs . If matters be not dispos'd for them to leap into a great Place , or to be restor'd to some Office they have formerly enjoy'd , and in which they have discovered Principles far different from what they now profess : if every one they have a prejudice to be not immediately removed , or perhaps if they fancy themselves the most likely to head the Rabble , should things fall into confusion ; they will be sure with great appearance of Zeal to press things of less moment , and which they think will be denied , lest any thing that really tends to Settlement should be granted ; and they are for the most part gainers by this , for their Vehemence , which proceeds from dark and hidden causes , seldom fails of being mistaken by the Vulgar for a true and hearty Love of their Country . I believe His Majesty will finde these men harder , I am sure less necessary to be satisfied , than the Nation : And therefore I hope you will not wonder if I , who care not much for a great Office if the Bill of Exclusion do pass , or to be popular with the Rabble if it do not , cannot heartily concur with all that seems to be aimed at by that sort of people . I suppose you have heard which way I have declar'd my Opinion concerning that Bill , when I thought it to any purpose : But give me leave ( with as little reflection upon the Causes of the breach of the last Parliament , as the subject will permit ) to tell you , what in my poor judgment may most conduce to the passing it in the Parliament which is to meet at Oxford . I cannot imagine how popular Speeches in either House , or angry Votes that are not always backt with the strongest Reason , much less the Pamphlets that fly about in the Intervals of Parliament , can signifie much to the obtaining this Bill ; for to what purpose are Arguments to the People to prove the necessity of that , which they are so fully convinc'd of already ? I should rather think it worthy the Wisdom of the next Parliament , to consider what Argumens are most likely to prevail with the King himself in this matter ; and instead of such Addresses as carry the least shew of Menace in them , which cannot but be offensive , since to suppose a King capable of Fear , is the worst Complement can be made him ; instead of angry Votes which may alienate the Hearts of the people yet farther from His Majesty , and make him more averse from granting their reasonable Desires , and consequently from consenting to this Bill , to lay before him such Reasons for it , as may convince him that it is his own particular Interest to pass it . I do not mention the House of Lords , being too well assur'd of the Loyalty of that Noble Assembly , to doubt of their passing any thing for which His Majesty shews the least Inclination . Taking it then for granted that this Bill only sticks with His Majesty , no Arguments are of moment to obtain it , but such as ought to be of weight with Him ; and those I conceive to be of this Nature . One Objection must first be removed : for since Kings , of all Men living , ought to have the greatest regard to Justice , we must not suppose that His Majesty can ever consent to this Bill , till he be satisfyed of the Justice of it . I shall therefore endeavour to prove , not onely that it is just , but agreeable to the very intention and design of Government . It seems to me to be an undeniable Position , that Government is intended for the safety and protection of those that are Govern'd ; and that where the Supreme power is lodg'd in a single Person , he is Invested with that power , not for his own greatness or pleasure , but for the good of the People . The Tyrannies in Aristotles time , and those that continue to this day in the Eastern parts , must certainly have degenerated from a better kind of Government by some accident or other ; since what people can be suppos'd to have been so void of sense , and so servilely inclin'd , as to give up their Lives and Liberties to the unbounded disposal of one man , without imposing the least condition upon him ? For admit , according to Mr. Hobbes , that Monarchical Government is form'd by an Agreement of a Society of Men , to devolve all their power and interest upon one Man , and to make him Judge of all Differences that shall arise among them ; 't is plain , that this can be for no other end , than the Security and protection of those that enter into such a Contract ; otherwise , you must suppose them Mad-men , voluntarily to strip themselves of all means of Defence , against the fury and violence of one of their number , rather than continue in a state of War , where at the worst , they are as free to Rob , as they are subject to be Rob'd . 'T is hard therefore to conceive , that Absolute Monarchy could ever have been constituted by consent of any Society of Men , ( besides that we see those that live under them , would be glad to shake off their Yoke if they could ) but 't is probable they may have been rais'd by the Ambition and Valour of some Prince , or Succession of Princes , or by the peoples supineness in suffering themselves to be enslav'd by degrees , and so being at last forc'd to submit , when 't was too late to oppose . I have insisted the longer upon this Argument , because another depends upon it , which comes nearer the present Question ; for if no Reason of Government can be assign'd , but the Safety and Protection of the People , it follows naturally , that the Succession of Princes in Hereditary Monarchies , cannot be binding , nor ought to be admitted , where it proves manifestly inconsistent with those ends . I need not instance in all the cases that incapacitate a Prince to perform the Office of a Chief Governour ; but I can think of no disability so strong or so undeniable , as his being of a different Religion from that which is generally own'd by the People . Religion , consider'd only in a Politick Sense , is one of the chief Supports of Civil Government ; for the fear of corporal Punishments , nay of Death itself , would often prove insufficient to deter men from refusing Obedience to their Superiours , or from breaking their Laws , without those stronger tyes of Hope of Reward , and Fear of Punishment in another Life . The Romans , of a fierce and rude people , were made tractable by Numa , and submitted to such Laws and Customs as he thought fit to introduce , not so much by their being convinc'd of the reasonableness of those Laws , as by the finding a way to perswade them , that all his new Constitutions were the Dictates of a Divinity , with whom he pretended daily to converse . This sense of Religion rais'd that People afterwards to that incredible exactness of Order and Discipline ; and the belief they had the Gods of their side , made them run so intrepidly upon Dangers , that Cicero observes , that though some Nations excell'd them in Learning and Arts , others equall'd if not exceeded them in Valour and Strength , 't was to Religion , and their respect to Divine Mysteries , that they ow'd their Conquest of the World. But this very Religion , that is the Bond of Union between a Prince and his People , when both profess the same , must of necessity produce the contrary Effects , and be the seed of the most fatal Disorders , nay of the Dissolution of Governments , where they differ . The same Conscience that tyes the Peoples Affections fastest to the Prince in the first case , dissolves all manner of Trust , all bonds of Obedience , in the second . It is impossible that a Prince should signifie any thing towards the support of the People's Religion , being himself of another ; nor would it ever be believed , if he could : And how can that Government subsist , where the People are unanimously possest with a belief that the Prince is incapable of protecting them in that which for the most part they value above all other considerations ? I know no instance can be given in this Northern part of the World , even in those Kingdoms that have varied from their Original Constitution and are become Absolute , that a Prince of a different Religion from the People , was ever admitted to the Crown . Queen Mary here in England met with some opposition ; yet she could not be said to be of a different Religion from the People : for Popery was so far from being extirpated in her days , that she found a Parliament that joyn'd with her in the restoring that Religion . But in France , when the King of Navarre , a Protestant , was presumptive Heir to the Crown , the States assembled at Blois ( as all Historians of that Time agree ) had certainly Excluded him , and the rest of that Branch that were Protestants from the Succession , if they had not parted abruptly , upon the Death of the Duke of Guise and his Brother . Nay some affirm , that the King himself , though of the Establish'd Religion , was not out of danger of being Depos'd , upon a Suspicion of his favouring too much the Protestant Faction , in opposition to the League . After the Kings Death the Hereditary Right was without Dispute in the King of Navarre ; but he found none to assist him in the making good his Title , but the Protestant Party , of whom he was the Head , and some Creatures of his Predecessour , that took his part more out of Hatred to the League , than Affection to him . This Prince was at last indeed admitted to the Crown , upon his Conversion to the Church of Rome . But that would not have sufficed , nor would the Generality of the People , who were extremely zealous for their Religion , ever have trusted one that had been of another , had he not happen'd to be a Prince of incomparable Courage and Conduct , who through Seas of Blood , and after many Victories , forcing his Entrance into the Capital City , made his way to the Throne by Conquest , rather than by a voluntary Admission of the People . It is observable by the way , that the Bishops and Clergy of France were so far from setting up a Divine Right of Succession above the Religion establish'd , that most of them opposed him even after his Conversion , all of them before ; and the Pulpits rung with such bitter Invectives against him , ( only upon the account of Religion ) as perhaps no Age can parallel . This I should think might serve for Instruction to some Bishops , that I could name , who by maintaining that nothing ought to over-rule the Hereditary Right of Succession , must either confess , that their Religion deserves not so much to be defended as the Romish doth , or that they themselves are not so zealous in the defence of it as they ought to be . Let these Assertors of Divine Right tell me , if in France , at this day the most Absolute Monarchy in Europe , and where the Succession is held most Sacred , a Protestant Prince would be admitted to the Crown . And here in England , besides the consideration of Religion , that of Property is not to be neglected , since what security can be given that Abbey-Lands , in which most Landed men in the Kingdom have a share , would not be restor'd to the Church under the Reign of a Popish Prince ? The Objection that a Prince may be of the Church of Rome , and yet not change the Establisht Religion , is frivolous . For though there may be a possibility of his not attempting it , deterr'd perhaps by the peoples universal detestation of Popery , or discourag'd by the ill success of former Attempts ; this amounts to no more , than that he will not bring Popery in , because he cannot . But is this all that a King of England is obliged to do , by the Oath which he takes at his Coronation ? An Oath not only a Crime for him to take , ( if he be a Papist ) but impossible for him to keep . For can a Papist defend that Religion to the utmost of his power , which cannot be fully secured but by the suppression of his own ? Can he be a fit Head of the Protestant Interest abroad , who ( while he continues of the Church of Rome ) must wish there were never a Protestant left in the world ? If he be incapable of doing this , that is , if the ends of Government cannot be obtained in the ordinary course of Succession , the State must of necessity fall into Confusion , if there be not an extraordinary power lodg'd somewhere , to provide for its preservation . That Power here in England , is in a Parliament , and has often been made use of ; but I conceive , for the Reasons above mention'd , never more justly than upon this occasion . And though the Justice of this Bill be very clear , I think the next thing yet easier to prove , which is , That it is His Majesties real Interest to pass it . For if this Government be so constituted , that the King having the Hearts of his people , is one of the most considerable Princes in Europe , but without them signifies but little , either at home or abroad , as I doubt that is the case ; and if nothing can contribute more to the alienating the peoples Affections from him , than his denying this Bill , one would think there needed no other Motives to induce His Majesty to pass it . But besides , I should not think this unworthy of His Majesties Consideration , if there are some persons to whom he may have a just prejudice ; and who if they cannot bring to pass what-ever they propose to themselves , will still be endeavouring to make the Breach wider ; whether the denyal of this Bill may not furnish them with too plausible Arguments with the People , to refuse such necessary demands as His Majesty may make for the Safety of the Kingdom , or the support of his Alliances ; and whether on the contrary , the passing it may not very much disappoint those Counterfeit Patriots , by taking from them the best pretence they have of stirring up the People to Sedition . Nay , who knows but the refusal of this Bill may exasperate the Nation to that degree , that a Title may be set up on pretence of a former Marriage , by the help of false Witnesses , which though as ridiculous in itself , as injurious to His Majesties Reputation , may yet put the whole Kingdom into a flame ? The Expedient of taking away all Regal Power from a Popish Successor , and leaving him only the Name of a King , can be no satisfactory security to the Nation , unless such a Form of Government were setled during the Life of his Predecessor . For otherwise the Successor , ( having a right to the Crown , which without an Act to exclude him he will have ) may not only pretend that the Predecessor cannot give away his Prerogative , but probably may succeed in opposing it , by the difficulty that is always found in the introducing of New Constitutions . Now whether this Expedient ( being put in practice during the Life of the present King ) be not as good for the people , as the Bill , I shall not now dispute ; but as to the King himself , I think 't is clear , that nothing can be less for his Honour or Interest , than to admit of such an Expedient . The Objection that this Bill may Disunite Scotland from England , seems not very weighty . For first , we know not but a Free Parliament there , may pass a Bill to the same effect ; but if they do not , the Disunion cannot happen , unless the Duke outlive the King ; and in that case , will continue but during his Survivance , for the next Successor will unite the Kingdoms again . This inconvenience therefore , if it be at all , will be of so short continuance , as cannot be of weight to ballance with those present and visible Mischiefs that may fall upon the Nation for want of this Bill . Some have fancy'd , and I hope 't is but a fancy , that the King has made a Solemn promise to his Brother , never to pass it . I will suppose the worst . If His Majesty have made such a promise , I conceive , with submission , it is void in itself . For if he have taken an Oath at his Coronation to maintain the Establisht Religion , and in order to that , it be necessary to pass this Bill , I doubt no subsequent promise can absolve him from the performance of that Oath . In the next place , all promises are understood to be for the advantage of him that makes them , or of him they are made to , or both . But the performing this would not only be ruinous to His Majesty , but of no advantage to his Royal Highness : for how great soever his Merit and Vertues are acknowledged to be , he lyes under a circumstance that makes it impossible for him to come to the Crown ( though this Bill never pass ) but by Conquest ; and that way he may have it , notwithstanding all the Acts that can be made to oppose him . I shall add no more to the trouble I have given you upon this Subject , but that I am for this Bill , because I think it just and necessary , not because it is contended for by a Party : for I hold my self as free to differ with that Party , when I think them in the wrong , as to agree with them when they have reason of their side . This may be an Errour , at least may be subject to mis-construction , in a time that most things are so ; but I hope you that have known me long , will judge more charitably of SIR , Your most Humble Servant . FINIS .