THE Loyalists Reasons FOR His giving OBEDIENCE, and Swearing ALLEGIANCE, to the PRESENT GOVERNMENT: As being obliged thereto; by,( it being Founded on) the Laws of GOD, Nature, Nations, and Civil: And seing, hereby, Justice precedes Advantage, and Right Possession, and Rule Precedents.  
WHEREIN Are Answered( by Prevention) all the Objections of Dissenters, according to their own uncontrovertible Principles.  
Out of thine own mouth will I judge thee.  Luke 19.22. 
Nihil affirmo, nihilque ab ullo credi velim, nisi quod, ipsi, evidens& invicta ratio persuadebit.  carts: Prin: in fiu. 
By F: G: Gent.  
Edinburgh, Printed by J: Reid: Anno 1689.   

THE PUBLISHER to the unbiased DISSENTER.  
THere have appeared many Pieces, of late, but none of this Theme; which viz. demonstrates, that no Arguments, moved against any Revolution that hath ever happened in the World, militate against the present Government: for, where, the least scruple might occur, Providence hath ordered such Singularity of Right and Fact, that each particular Man must find his own Opinion( as to Conscience of Obedience) whether subtly speculative, or solidly practical, in its Establishment. So you( if Pious or Wise) are put to a necessity of making a new Enquiry; since your preconceived Informations from Salmasius, &c. touch not the point, à disparatis enim, nulla est illatio. In this, Law must determine your incertainty: for, Divines, contending, have, as their Canon, the Law of GOD and Nature; Princes have, moreover, the Law of Nations; and Subjects, besides these three, their Civil Laws: whence, all Mortals, have no other Rule of their Opinions and Actions. I fear, by your Actions, you have not had leisure to dive accurately in your own Principles: For there can be no Refined 
This word comes from Loy i.e. Law: Hence Loyaute, i.e. Legality, and disloyal, i.e. illegal: So Allegi-ance is an Obedience according to Law; and goes not a foot farther; fit vessallus l●… g●us nihil debe● Domino Lig●o ultra id quod ●us Feudale injungit.  Loyalist,( i.e. who conforms Will and Actions to the Laws) unless he be a polite Lawyer,( i.e. who exactly knows them) all others( tho blindly zealous) are but dull and Bastard Ones. Therefore, I have published this Essay( though destinate, by the Author, only for some private Friends, whereby you're assured of ingenuity) since, therein, you have an elaborate Illustration of all, even remotest, difficulties in this matter.   

POSTULATA.  
1. ALL you can require, is that James 7: 2: ceased to be King; without being De-posed by his Subjects. Then  
2. The Law of Nations is the sole Judge,( who hath Right, or not?) betwixt sovereign Princes. Because  
3. They all have agreed that it should be the Polemon of their Differences, as a Common pre-Contract, and res hactenus judicata. Hence  
4. K: J:( By that antecedent Consent in it) hath voluntarly renounced his Right( positoco casu in which it transferred Right from him) and conferred the same on K: w: and Q: M: Consequently  
5. No Municipal Law could impede( as to that case) its Effect and Decision: since the Laws of the great Society of Mankind are unalterable by any lesser part of that Society; especially when the Body politic consents that it should be so 
All Lawyersare express in this, when the question is betwixt two, ●ot subjectio the same Authority: particularly of Scotland, jus Gentium cum exte●●●●n nino servand̄u non obstan te quocunque Regni Statuto: Craig: de Feud: pag: 58. For the Law or Nations,( as superior) can no more be changed by Municipal Law( being inferior) than Man can change the Law of God; or private Subjects public Statutes. . Finally,  
6. In explication of these, please, to ponder maturely the Marginal Notes and Citations: and even then, ne Judices, nisi tota lege perspecta.   

INTRODUCTION.  
ALL that can render a Government Sacred ●nd immovable, viz. Birth-right of Succession as to the ●●rsons, Election of the people as to the time, and Con●uest of the late K. J's. Right making way for both; con●enter in the present Establishment. Wherefore the sub●●quent Essay does Demonstrate the manner how Diss●n●● must( even in their own principles) perceive these ●●ree to concur, and so be obliged in Obedience, there●●to, by the Laws of GOD, Nature, Nations, and Civil.  
As to the Birth-right in the Persons, and the Peoples ●o●er in Electing, the time of declaring it, take this brief ●●tr●spect. The Powers are of God 
The Powers are the same( i.e. still of GOD) when in the whole Body,& when contracted( tho with a greater Lustre, as the dispersed light to the 〈◇〉) in the Head: just as the hand is the same when. Extended and Folded. ,( for none other could ●enserr jus vitae& necis) and were given, first, to Fathers ●re● Families; but since they had Right( for there was ●o Precept as ●o the Persons) to transmit, and so amitt, ●e●● by consent, there were two( yet subsisting) Funda●●●tal Contracts( nam fuit du●rum pluriumve in idem placi 〈◇〉 c●nsensus, qui initur tam re quam verbis) in our King●oms; viz. One Popular 
This Centract is distinct and separate from the Rectoral, not only in 〈◇〉 and Time, but also in Signal Effects: For by it,( in Elective ●●ngdoms;) after death of the King the People rema●n Unite, and the ●●asi●● hath Lawful Authority ●ver the Min●r part in all ●●●minations: in a Successive Kingdom, if the Ro●●l 〈◇〉 fail, the Kingdom is not dissolved, but the mayor part may over●● the Min●r( which would not be without this Union) in Electing a new ●●yal Family; as also, if the King be Pupil Fatuous or ●ur●ous, in ●●n●●ting a Tutor or Protector. Where there is no I●●o●po●●tion of King●●●●( as among the Kingdoms of Spain, Germany, Bri ain, &c. watch ●●nsub●rdinate) the Right, in these cases, belongs to each: and where ●etis no Union of many Families( the whole being one great Family of ●●ess, and so no proper Comm●n wealth) as in the Ot●om●● Emp●●e, ●●●●ce failing this Family would fall to pieces, ut mo●●eme ●atre●a●●●●, quisque fit capu●novae Familiae.  and Anterior( for there must 〈◇〉 Chapter, e're they can Elect a Bishop) amongst the Fa●●●● of Families( Singulorum cum Singulis& Universis) ●●●iging to mutual Union, commerce, and Defence, ●ueby they became a Body politic: another Rectoral 〈◇〉 Posterior betwixt that body politic Qua tale, or i●s mayor part( Singulos 
Hence also, is the tacit Contract of Protection& Subjection in Incolis, who are not Born. Subjects.  & Universes) and one sovereign as Head thereof; whereby it was obliged and the Crown was provided to him, and as immediately to the person should be( eo deficiente) next of his Blood and habile, is to himself; as to so many Heirs of Entail. We had many Enemies about, and contentions, within us, and the stronger bore down the weak; wherefore the cause, end, meaning, and tenor( Taciti& expressi eadem vis est) of this last Contract must have been to protect us from Abroad, and distribute right Impartially to all at Home; in fulfilling of both which( and so the King's part of this Contract) the Laws were necessarily intended to be the Standard and Rule( for there is no other just Norma Agendorum, erge quod inesse debet, praesumitur) but to put that beyond doubt, Free Immemorial Consuetude( optima Interpres) and the Laws for the Coronation Oaths( by which the King is solemnly married to his Kingdoms) declare and prove the governing us by Law to be our Constitution; yea, if formerly otherways, in so far, innovate it; as being a new Contract of King and People( Lex est communis Reipublica sponsio) and posteriora derogant prioribus 
So all other contracts may be entred in, explained, yea altered,& 〈◇〉 proven, ●●●o●● by Word and writ but Fact and dead, for Acts are no less evidence of consent then express paction. Hence, who can deny b● our first, or last, Agreement was, that our K's should make,( and consequently unmake) no Laws and impose no Taxes but in Parliament; a●● should Govern according to these Laws made in parliament. Whence th●● is the Essential form and kind, and so the Fundamental Law and Constit●tion,( as to the King's part of the Rectoral Contract) of our Government Hence if a King emitt and execute Edicts, which( in effect) annul th● Constitution, and so the contract( as K.J. did) he annuls thereby his rig●● therein, N●h●●● enim nullae sunt affectiones. This is clearly decided by 〈◇〉 Sc●tch parliament, and that when it had the effect of changing Fundam●●tals under consideration: V: Acts far the Union of both Kingdoms. .  
Hence tho a King break( by Notorious injuries) entirely his part of this Rectoral Contract with one or the Minor part of his Subjects;( tho they be, in Conscience, freed from theirs, and so may withdraw, and subject themselves to another sovereign, who, Jure belly& proprio may vindicate 
Hence appears, that Neighbouring Princes have right to vindicate 〈◇〉 injuries done to the persecuted flying to them.  their right if hindered to dispose o● their Estates) yet the Popular Contract with the Major-par●( who cannot Rebel[ by assisting the Minor] in that case since the Rectoral Contract, with them ut cum toto, remains entire) makes it High Treason against the State( and consequently the King who is its chief Member) to ruin● its Peace, or the Order of public Judgments, by Resistance: Yea, moreover, if after a total breach of his par● even with the whole or mayor part; it be known to them and they be in Capacity, safely to declare the breaker excluded; yet do it not; but freely continue in Social Acts( and so renew Society) with him, they can never declare this new 
So the sovereign cannot punish the Rebellion( or breach) of Subjects; if he know it, could safely punish them, yet treats them as Subjects: for that Liberals, as effectually, as the most ample Indemnity; Qui enim vult consequens, vult antecedents sine quo ad consequens pervenir●n● quit.  Contract broken on Violations of the Anteriour, since Divine and human Laws obliges us morally, to keep Sacredly a Valid Contract, Tam re, quam verbis initum.  
But if a King break his whole part of this Rectoral Contract, with all 
So a Prisoner, is not de jure, in the power of his Creditor after Dissolution of the debt; tho he be forcibly retained, de facto, therein: And a Wife forced to Bed with her Husband( after his Adultery) may pursue Declarator of Divorce; notwithstanding that injurious communion.  or the mayor part of the Body politic,( viz. he[ tho having power as to the matter, and the Laws determine the manner] Negatively, does not protect from, but positively expose them, to, their most Mortal Enemies Abroad; and does not Justice, but the greatest Injustice to them at Home; and to enervate all Laws which lie in the Road of effectuating both, alters the Constitution itself[ by Word, writ, and dead] from Legal according to, to Despotical above and against, all these Laws) then he ipso facto, loses his right; and they are eo momento, free of their part also; tho metu 
K. J. Did this most evidently. 1. As to Abroad; exposed us to foreign Enemies,( Popish Prelates, Jesuits, Priests, French, Irish, Papists) and so to foreign Jurisdiction and Powers; which invaded all. 2. At Home; for not complying to Popery and Slavery, all Ranks of Subjects( Clergy, Nob. Gent. come.) were Racked; all that was dear to them( relic. Lives, Fort. Libert.) being Attacked: for putting in fit Instruments to that end, all the parts of Government( Eccles. Civil, Mili.) were illegally Administrated; and so, all methods taken( in judgement by unjustice, out with the same by Force) to Consummate our Universal ruin. 3. K. J perceiving, that limited Power and Parliaments( while Existing) were insurmountable bars; did Abdicate his Legal Power( as useless to introduce popery and Slavery, and to justify these Acts preliminarie thereto,) and usurped in its vacant place, an boundless power above Law( which alone, ke knew, was sufficient and so altogether necessary) whence( Law being the Great Civil Charter, of our Reli. Liv. Fort.& Libert.) be, at one blow destroyed our All. This power, he  told his Parliament he would stand by, owned in his Declarations for Suspending our Laws, and would not govern by any other all the last part of his Reign: But since Britain was too strong to suffer the Execution of that power in all particulars at once; he proceeded piece male, especially in the important Generals; and so ●st. annuled( in effect, tho cloaked with the Word, Suspended,) the Laws for Religion, and consequently the Gra●d property of all. 2. Subverted the Constitution of Parliaments( in excluding in effect the Burrows, and corrupting[ by Money, Threats, and Favours other Members, to gain the mayor part) because they are the ●ence of the happiness and safety of all. But finding this would not do the Work( when once the Signal of what was to follow would appear) He 3. keeped up Armies in time of peace, which by the Sword, bore down all, &c.  m●jori( for it can neither prejudge them, nor[ ex proprio delicto] profit him) they stop a small time from declaring it. In a word, such Veneration is due to the very show of Maesty; even in private Contracts; that they have only right to Petition( in the first place) which failing, to Demand by Arms( it all or most concurractively or passively) under the next in Blood; which also failing to declare Quid in re est ab initio For  
As to the Rectoral Contract; whether the Regal Right, arising from it, was Donatio mera or Donatio sub mode of that mighty Power and prerogative; it ceaseth 
Nec valet pactum in contrarium, quia invitatal delinquen dum,& dolus suturus non poorest remu●i. D. D  by signal Ingratitude or neglecting the modus: or if a Contract of Society with the Body politic( whereof that King is entrusted. 
The nature of Trust or Mandate is in so far changeable as to be Irrevocable( as in offices heritable or ad vitam) yet it cannot admit, that when it is not performed according to the Instructions agreed on, betwixt Mandant and Mandatar,( much less when contrary thereto) it should not cease ob Culpam& Dolum. Post Deum, nemo arctius ex contractu, praecipue jurato, Rex subditis( quo mayor sides, eo, arctius vinculum) ac proinde obligatur ad omnia ex ejus essentia ab ipso inseparabile) profluentia, Bruitem: ad l. 31. ●ss: de Loy: Argt: Heb: c: 1: v: 2: 4: u●t: c: 11.9.7. jus enim Dei, Nat:& Gent: cum obstringit.  the great Director and Head) total breach of his part, Laberites them from the necessity of persisting therein: Or if a Com-promiss to an Supreme Arbiter's Determinations; Notorious unexpected injury annuls the Submit●en●s Obligation: or which of all these; Allegiance was first given for our Protection( not Destruction,) and so, cessant causà cessat effectus, causà datà non secuta. Hence, tho all the most Sacred Obstrictions( enjoined by Laws Divine and human, and sworn in Oaths, without any explicit exception) of inferior to superior be conglomerate in that King: Yet he, as Liege-Lord loses his Superiority by heinous Feudal Delicts against his Vass●ls; as Father, Si ad Patriam delendam venerit, may be be resisted 
Vid. Cit. Brun. L. 35. relic.& Sumpt. Fun. ff.  by his Sons; as Husband, by Adulterating and Deserting his, frees his Wife from her, Bond and Oath: as Patron amius jus patronatus, by not alimenting his solemnly confirmed libertines; as Pope ad extra, by enormous Crimes, gives free scope to a General Council; or, Finally, as Master, opens door( at least) to the Altar for his oppressed and almost destroyed Slaves.  
As to his Un-kinging 
There are two fundamental hinges of our Government and consequently the King's Right. viz. that all the Laws be made in parliament and that the King adminstrate according to these laws But K. J. after assuming despotic power, did exert the same in making( V. G. nothing but a Law could qualify Papists) and unmaking.( By annuling the Laws Incapacitating Papists: V. G.) Laws without Parliament; and Administrated against all the Laws; and so broken off the two Fundamental Supports of our Government and his own Right: Whence of necessity Subversa basi both fell,( for how could the Government subsist when destroyed; and how could his Power remain after quiter Annihilating that by which, and in which, he enjoyed it) and so he Unkinged himself, ipso suo facto.  himself ipso jure,& so being felo dese. 1. his entire breaking his part of the Rectoral Contract by changing( quantum in so) tho Form of our Constitution( from Legal to Illegal, limited to Unlimitted, the Fist to a Second, juxta Leges to supra& contra Leges, and so Antiqua to Nova) cannot but Annihilate( as to him) its Essence: For Inclusio unius( of these) est exclusio alterius they being Inconsistent( contraria, sinail subsistere non possunt) in eodem individue; Forma dicitur quae Essemiam rei praestat 
For the power of the Governors is more important then what persons shall Govern.  Forma, ergo, mutata, prope interit rei Substantia; imme, ab esse res videntur quarum corpus manet Forma mutata est, ideo si corruptae redditae sunt vel transfiguratae videntur abbess. 
L. Julianus Sect. si quis rem ff ad Exhib.  Hence, he investing himself with the one( as different from our Constitution as Demecraty, and more important then subjecting us to a foreign Prince 
L. 13. Sect. 1. L. 14. ff de V. S. ) Divests himself of the other; and so, 2do. ipso facto 
Abdicate( inquit Nonius) est abjicere; rem( certis de cansis ●se removere, nec deinceps agnoscere velle. Abdicare se turela i.e. noll. esse Tuitorem. Abdicatio Unius opponitur Adoptioni alterius, Plin. L. 7. C. 45. Hinc Abdicare se Magistratu, est, ante tempus Magistratum deponere; se privatum reddere; L. 2. Sect 13. ff. Or. Jur. unde Senatus de P. Lentulo; cum se praeturà Abdicasset, in Custodiam traderetur. Hence appears how K. J. did Abdicate his only Right, as clearly, as by a written Renounciation under the great Seal; and it was declared so, by the States accordingly.  Abdicats his sole Legal Right,( i.e. voluntarly Rejects and Renounces it) and Deserts the same,( i.e. Rem abticit, eo animo ut eam amplius Agnoscere noluerit) and consequently Forefaults that Right,( i.e. Exauctorats and Denuds himself thereof) so that the King and Right dies, and is gone( tho the Person, and Possession remain) and that ipso jure: For, Amittitur, ipso jure, potestas Dominica in Servum quem gravimorbe Decumbentem Dominus neglexit 
L. 2. ff qui sin: Manumiss. Which Law is called Magna Charta Libertatis Belguae. ; Patria potestas, ipso jure, interit Patri filium exponenti, aut expositum scienti; matter ( Tutrix) ad secunda vota transiens, perdit, ipso jure, Tutelam,& omnia privilegia, prioris Matrimonii; quivis Tutor post Cognitionem de suspecto inchoatam, amittit, ipso jure, jus Administrandi 
pacius cent. 5. Q. 79. , idem in quocunque Officiali, pendente quaestione delicti( de quo per Informationem Praparatoriam constat) in officio commissi eique Contrarii 
Brun. ad L. 14. ff. de So lut. ibi. Cit. ; Dominium redit, ipso jure, ad cum qui rem tertio dedit ut se aleret, si altor fidem frangat 
L. 1. C. don. sub. mod. ibi. DD.  Hinc Jurisdictio& Majestatis jura, ipso jure, adimuntur Imperatori, Papa, Episcopo, &c. Monasterium ingredientibus, aut quod aquipollens est Facientibus 
Limn. de jur. pub. Lib. 2. C. 11.  Even so our engagements being Correlats( tho 
For one Treason( or breach) of a Subject puts him out of his Kings protection; but a tract of Tyrannies, against the mayor part of Subjects, is necessary to discharge Allegiance.  unequal) stand and fall together ipso jure.  
This Ruption of the Rectoral Contract, and irritancy of that Kings Power, and so Interitus of his King ship thereon 
Sic Testamentum dicitur Ruptum,& Irritum fieri, cum ipso jure concidit. , ipso suo facto& ipso jure; does not dissolve 
Hence the Votes declaring the Throne Vacant, implyed and supposed a Throne, and so a Crown, and consequently the existence of a Kingdom: and thereon the Conventions of both Kingdoms did agree that the Monarchies remain Successive. Vid. Journ.& Rosenth. c. 11. con. 22.  our Engagements to the next in Blood then Extant( for the next's Right, is as immediately from[ by the first Contract with] the People as the preceedings was) but makes way for, and devolves the Regal Right on, that Person ( juro proprio) as Heir to the late King 
K. J's. Resolutions and practise thereon, demonstrate that the Laws were not intended to be the Rule of his Government( but his own Will and Illegal counsellors advice) whence, Non est Rex ubi dominatur voluntas& non Lex as Bracton testifieth; And Rex ad hoc est constitutus ut populum Domini— regat,& ab injuriosis defendat— quod nisi fecerit, nec nomen Regis in eo constabit. Laws of K. Edw. the Confess. Sect. 17. Mors Civilis est, cum juris Civilis ratione aliquis pro mortuo numeratur; intereunt enim homines capitis Diminutione( L. 64. Sect. ult pro Socio. ff.) Res dicitur Mortua qua quis Locupletior non est.( V. ll. in Lex. jur.) Sic Plautus, tem mortuam& occisam, dixit, pro fracta& perdita. Hence, Jacobus Rex, est Mortuus as to his King ship& patrimonium Coronae( and that Concretly; for Abstractly, Rex non moritur) and consequently his Heir succeeded thereto, and is obstricted for his Debts Regali& publico nomine contracta. But Jacobus as to his person& patrimonium privatum Lives; And consequently that Heir cannot( as yet) be, Haeres viventis quatenus est vivens, and so obliged for his Debts personali& privato nomine suscepta. So it is in other Heirs of Entail: as all lawyers agree. This only per indicem. Only remember; that by the Roman Law Bona Damnati ad ultimum supplicium(& sic, civiliter mortui) aut deportati(& sic naturaliter viventis) transibant in Haeredes usque in tertium gradum: sic habemus haeredes viventis,( Naturaliter.) Nov. 134. C. ult. auth. bona. C. de bonis Damnat.  civilly dead. So jus Patronatus, ipso jure, acquiritur Haeredi Patroni( non Fisco) perduell: onis, aut alterius Criminis, etiam damnati 
L. 4. ff jur. pat. L, 5. C. eod. ; Operae servorum deportati transmittuntur ipso jure in ejus Haeredem 
L. 2. sin. ff. usuf. leg. 161. DD. ; Jus Familia Filio accrescit ipso jure, quam primum avus,( qui Nepotes habuit in Potestate) illud amiserit; jus Imperii devolvitur ipso jure in Regem Romanum, Imperatore Remote: sicut, in Naturalibus, Corruptio unius est Generatio alterius. Yet that Heir cannot Exerce Actiones Hereditarias before Solemn Entry or Adition; and the Throne cannot be entered by one till it be declared Vacant of any other ( nam non esse& non appar●re paria sunt;) therefore Hareditas Jacens( quae interim Nullius videretur) interim vicem defuncti sustinet in necessariis; And so necessary Legal( not voluntary, Illegal) Acts ( quatenus sunt ob interest tertii non in favorem Civiliter Mortui) after his Forfeiture and before Declaration thereof, are valid, as Founded on( still standing) Laws, ex Tacito, consensu Haredis& Populi,& compromisso partium 
All this is largely treated by DD. ad L. Parbarius ff. off prae. .  
Finally, the Heirs right appearing also, by Declaration, and its Exercise being accepted eo nomine: Aditio retro-trahitur ad mortem defuncti; and so excindes all others born, or to be born, to him after his Civil Death: For an After-Birth( tho never so certain) comes too late, to overtake any Right, aut tollere jus Quaesitum tertio: Since, tho it pretend to be Filius Jacobi, it can never pretend to be Filius Regis; nam non est Rex ubi dominatur voluntas,& non lex; Bracton. Et Rex ad hoc constitutus ut Populum domini regat,& ab injuriosis defendat— quod nisi fecerit, nec nomen Regis in eo constabit, Laws of K: Edward, confess: sect: 17. So in the former instances, the Right is acquired ipso jure, to the Child born before, not after, the Father's amitting it; & dominium ex prior● matrimonio patri qucesitum, acquiritur, ipso jure Liberis istius Matrimonii( eô ad secunda vota transeunte) exclusis Laberis ex secundo Matrimonio Procreandis;& Dignitas acquiritur liberis ante Patri● dignitatem, non post eam amissam, susceptis. Horam: 2: illust.  
The matter of Right betwixt the Aut●cessor and Successor being thus Naturally stated; the Question is, who shall declare what is dubious therein, and witness the truth of the matter of Fact. None of the Parties singly can do this, the maiter being propria causa: Therefore the 
It is the law of Nature, that, when there is no judge, licet uni cunque sine judice se vind●c●re. Tit. c.  People ( as equally interested in both) with consent of the Successor( at least) in a Convention have right to do it; since it is impossible that the GOD of Order, Peace, and Government, should not allow this only mean( their being no other under Heaven) of eviting Confusion, War and Anarchy: Especially when the Antecessor hath thrown up the reins of Government, and so given a full Career to their Liberty, by burning the Parliament in Essigie, throwing the Great Seal in Thames, and then an incontrovertible final Desertion.  
The Conventions 
They were the freest that ever was in Election and sitting: For K. W. never expressed by Word, countenance, or dead, what he would have done, or in what manner.  then, being called( with advice of some, and Homologation of the whole body politic) by the next Prince of the Blood( or Princess's Husband jure Marits) are founded on both the Fundamental Laws of the Rectoral and Popular Contracts, and so both oblige all to Submission in their Determinations. On the Rectoral; for the Regal Right( tho lurking unproclaimed) is really in that Prince as Head. On the Popular; for Conventions may, have, and must eonveen by Warrant thereof and custom, in case of failure of the Royal Race, Infancy, Fatuity, Desertion, or written Renounciation of a King, to choice a King, make a Protector, or declare the next Successor( when dubious;) much more in our case, which is Equivalent to, if not more important, than any of those. Tho they have no Authoritative Power( to make Laws) nor Judicative( and so could never take the Late King's, yet remaining, Natural life for any Actings while their sovereign) yet they have with consent foresaid a Power Declarative 
Declarare est clarum facere, unde declaratio est testimonium perhibitum de vetusta consuetudine; aut praeteritis factis. Valla. Demonstrat: lib: 1. Hence Declarations imply no Authority or Jurisdiction over the person, in relation to whom, standing custom and past facts are declared: for Responsa prudentum( Romanorum) did bind the Parties over whom they had no power, and parium curiae, the Superior, in dominio directo. Consequently, the Body politic declaring the La●e K. James to have Abdicated and Forfeited his Right, and the same to be in K. W. and Q. M. imported no Authority or Jurisdiction over either. For Inferior Courts have power of declaring Right betwixt the K.& an ordinary subject, much more a Supreme Convention betwixt him and the next Prince, when otherways, all the Subjects would be ruined: Especially, seeing the Rectoral Contract is in Nature, Prior to sovereignty and Subjection( for these aro its consequences and Effects;) Whence( as to it) the preceding sovereign, and the Succeeding together with the Subjects, are unsubordinate, and so may force performance thereof, or declare free, as other unsubordinate States do in their Contracts with a Neighbouring Prince. The Effect of Declaration, is( not only from the time thereof, but also) rom th time of the Right or dead declared ( Leges Declaratoriae V. G. extendunt ad praeterita) and so; 1. The deeds, by which the late K. J. annulled his right, beign before the Conception of the( pretended) Prince of Wales; he( tho true) can have no right, no more then if born 20 years after Declaration of them. 2. Tho Piae. Declaration were necessary to exclude him? yet since K. J. surprest that, metu Majori( of the French ally, standing Armies, and our Enemies possessing the Civil and Military Trusts) and otherways, the People would certainly have made it when K. J. set up( openly) his Power of Enervating all Laws, and so making all Religious and Civil Rights Precarious( as is evident, by some of all ranked inviting, as the Sense of the whole, the( then) Prince and the whole's( Actively or Passively] therefore rising with, and declaring for, him in all Corners; and that before any Act of Hostility by him in the Respective places.) their Post Declaration how soon the Impediment was removed must be equally Effectual. Nemo debet Lucrari ex alieno delicto. ;( For it. suâ naturà, imports no Superiority) of what already was Law; and what was the Rectoral Contract;& the late K's breaking his part thereof; and the ipsum jus of his Abdicating, Deserting, and so Forefaulting his Right, thereon: and consequently the Throne's being vacant as to him, and all born after( but not before) that amission; and( if the next in blood be Maritata) her Husband, and her, to be King and Queen, and the sole, Administration and Survivancy to the Husband: For, the Law allows all this to the meanest private Subject( being an heir in Remainder, after Wasts made by his Father on the entailed Estate; and being an Husband, Jure Mariti& jure Curtesiae) much more to a sovereign Prince 
Iisdem successionis legibus Regna subjecta quibus& Feuds, renent, omnes; says Craig: p: 128: disp. Feud: 1: 6: 21. Schon.  where the public welfare of all Subjects is concerned.  
Hence, since no such Change can be made but by the whole Body( against which, at the dying gasp, its impossible, by any Doctrine, to ensure the Head) and that to the next of the Royal family( the Laws for Coronation Oaths precluding Papists) whereby the veneration to it( beyond any upstart) is preserved, and no foreign Successive Princes engaged against( yea they are deeply concerned[ since the questioning the Peoples Power were, the shaking all their Thrones, and making the World a field of Blood] for asserting) the Preparative of such a Serlement: This great and sure Title, so declared by the determined Body politic, is not only founded on Justice( that they may boult the Door on one[ not thrust out by them] rather then Multitudes should be destroyed) but also on the Common Interest of all Mankind both Princes and People( therefore engaged to maintain it) as the contrary Doctrine( by encouraging Princes to Tyranny, then exposing Subjects to Misery, yea, at last, bringing Infamy on dejected Majesty itself) ruins both.  
None of the very Words( much less the Legal sense) of our Municipal Laws strike against this Doctrine. For, tho that King was Absolute ( Solutus) i.e. a free Prince, whose Person was Subject to none, Pope, Emperor, or People; yet no valid Act ever declared his power Absolute( i.e. Solutam Legibus) or tho it had, yet, by leaving unde, termined 
Quod non express mutatum est, cur st●re pro hibebitur? So a Minor hath Absolute dominion of his estate, but cannot Exercise it without consent of Curators. The Athenians could not determine unless advised by their Prae Consultores; nor Romans, Nisi Senacorio aut plebeio Magistratu Interrogante; nor Dominus Feudalis sine paribus curiae? tho all of them had Absolute power and Right. From which Examples came Parliaments, because Kings might err in Lawfulness or Expediency. Hence, seeing the Rectoral Contract was not with,( and so could not be changed by) these Parliaments( but the whole Body politic) the Commssioners thereto had not power ( mandati fines excedens nihil agit) nor, tho they had, can be presumed ( Donatio nunquam praesumitur nisi in quantum est necessaria) to render that whole body-politic Slave, ( quae dominio alieno contra Naturam subj●ceretur) by one word: in giving or declaring( which is equivalent and one, as to the constituents) to that K; jus vitae& necis, over all though innocent; Right to demand all our Charters, Dignities, Estates, Goods, and Services( as Pharaoh) yea the parliament itself to resign its power; by declaring an Active Obedience in all things lawful( these being incommoda non illicita) without Reserve. In obliging the whole body—( headed by the next in blood) not to control, though he made and unmade all our Laws; imposed Taxes on us all; rescinded our Religion; took to himself all our Properties; destroyed all our Lives when not complying to those things( for which Papists would rejoice to be commissionated by him, that they might gain their own Souls and our Estates) for the outmost extent of passive Obedience without Reserve would comprehend all this. But general Declarations( taken in such sense) are null without a special Mandat ( mandatum generile ord●n●rium non comprehendit donationem inusitatam) for none will say that, without that, terrified or packed Commissioners could resign in the K's hands immediately( mediately is the same in●essect) all the Lands of, or with his assent( altenate) the Kingdom; or subjugate it, at a Province, to another, argumento à minori ad majus; Neither could they redact us to the foresaid case. Such Declarations, therefore, are like other general Rules and Maxims of Law which have their inherent exceptions, Et vix est ut aliquo casu subverti non possint. Jur●, enim, loquuntur de his quae frequenter fiunt,( non quae rarò, quod enim semel aut bis accidit praerereunt legislatores) ergo non debent ad casum qui raro contingit adaptari. Semper interpretanda Lex ne sequatur absurdum;& in dubio quod minus est sequimur, ●raesertim cum materia est Favorabilis, Religio. sciz. Vita, Libertis res inaestimabiles. Priores, denique leges trahuntur ad enucleandas posteriores( mutatio non praesumitur) nee quae salubriter, de novo, introductae sunt, duriori interpretatione ad severitatem producendae: ultimo, necessitas, nullâ coercetur lege; deficit enim culpa, de ficit dolus. Lege:& DD: in Tit. ff. de Legibus.  Modum Administrandi( which is res diversa ab ipsa potestate) referred the same to other Laws requiring, in that, advice and consent of Parliament. Hence; tho in so far, and so long, as he had Regal Right he derived it originaly( by the channel of the People) from, and held the same( in tenor) of, GOD alone,( the People being divested) that did not impede his Voluntar Renouncing it 
The holding a Right from GOD impedes not the declaring it Forefa●lted,( v: g: the power of spiritual Office-bearers,& Divine jus mariti) when they invert the ends of their institution. Ubi cadem est ratio, cadem est juris dispositio. go. . Subjects did not depose their King, but after his Spontaneous Abdicating, Deserting, and Forfeiting that Post, declared it to be so. Whence the Conventions met with the King's Licence( whether Antecessor's King nomine, or Successor's, re) and we did not resist these Commissioned by the King but private Men[ their Commissions being Null] or at most, his Un-kinged Person, and so in his Natural( not Civil) Private( not public) Extrajudicial( not Judicial) Capacity. Finally our Oaths were Declarative of old,( and not Constitutive[ as to the matter] of new) Right; and so as Accessories to, did fall with, that right, their Principal: just as the debtors Obligation falls, when the Creditor cancels the Bond to which alone he had sworn to.  
Nothing in the Old Testament impunges this Doctrine; for( not only the Powers, but) the Persons of Kings, in the Jews Theocracy, were immediately of GOD; which celestial Designation few now can produce. Nor in the New; for the Apostles speak, either of the Powers( not the Persons) that are( in the next of Blood and the People in our case) or of the persons, but to the Christians, who were then the far 3d: Minor part: And so a Disparatis nulla est illatio. Nor in Examples of Primitive Martyrs, for the Law and so the Contract was( not for, but) against them; and they were not near the mayor part of the Empire. Nor in eulogies of the Ancients, for they are( not of Tyrants, but) Kings; then whom there is nothing so transcendent in this inferior Orb; while they remain the Vicegerents and Images of GOD's Power and Majesty.  
As to Conquest making way for both. I know no solid Objection against such captivating Light, but one, viz. There was a necessity that these Conventions should have had( not only this Inherent Power of their own, and the next Princes coincident consent: but also) all power K. J. could, as yet, pretend; joined to, and consolidate with, theirs: that so, there being concursus plenit udinis omni●m potestatum in them, their Declaratorie-Statutorie Power( as lawyers speak) might unappealably and uncontrovertibly determine the foresaid matters. Resp. The Estates had( by an admirable Providence in the Right, as well as Fact, of this Revolution; to stop the scruples of all) such an Extraordinary Power, which the following Discourse does demonstrate by this Deduction. All K. J's. yet remaining, right and power did accrue to the( then) Prince as the Effect of K. J's being Conquered in a Just and Solemn War, and thereafter was transferred by the Conqueror to the People; so that they were( pro tempore and as to K. J.) free and Independent States: Whereupon, having Paramount and( to K. J.) unsubordinate power, they declared the Throne's Vacancy of him, and W. and M. King and Queen: which( since they[ if anxious of final ruin] might have re-entered under K. J.) is, what we understand by Right of choicing the time of the Heirs succeeding.  
The Honour assigned a superior, Patron, and Judge, even after Refutation of their Rights, requires a greater Respect to the Sublimer Character of an once crwoned Head from the worst bread Pen: Wherefore nothing shall be Remembranced of the late K. J. but Notorious and unconcealable Fact; which himself esteemed and esteems( as in Bonum Ecclesiae) his greatest Glory; and in which, we have the deepest sorrow, he was, and is, misled.  
The Jesuits being of such Admirable Wit; and great power in all Corners( by the Art[ in once enslaving the Souls] of being Masters of the Bodies and Estates of Subjects) and knowing the reclusest Secrets( because Confessors also) of Neighbouring Princes: it is no wonder that they became the Poles whereon, the Cruel Zeal and boundless Ambition of aspiring Monarchs, should turn over their Subjects, and( once possessing that Strength) their Neighbours. Hence, by their Execrable Counsels, Religion and Liberty lost, since the last Age, more then half ground and so became Northern indeed( being utterly destroyed in Hungaria, Bohemia, Austria, Silesia, Styria, &c. Polonia, France, the New Conquests; and Piedmont) before Popery and Slavery durst advance bare-facedly( knowing, the difficulty, of old) to attack Britain, as the Bulwark of what remained unconquered. These Monsters( having first ruined the two branches of Austria, and then, almost that of Bourbone, in pursure of bringing an universal thraldom on Europe) pitched on the late K: J: as the rising Sun of their Hopes to( in conjunction with France, from whom Civil Interest had broken off all others) repair their former Credit in policy, and perfect the great Work in Religion. britain, therefore, must be first won; and the Stratagems were really exquisite. For,  
It is well known how powerful a party the vast riches of the( then) D: of Y: and his Religion; and the French gold, had purchased to him; whereby he became( pr●vento termine) Author of the Actings; in the end of Ch: 2ds Reign. Protestant plots were forged, to drown the noise of the Popish, and cut off the most eminent Heads, who refused to bow to Baal; Parliaments dissolved, that Court-criminals might escape Justice: Penal Laws against Protestants, even, stretched, that we, being set against, might destroy, one another, and the next Reign appear auspicious: Protestants abroad endeavoured( in combination with France) to be ruined; that our assistance from thence, and the Northern heresy, might be cut off at one stroke: to that effect, Divisions at home and abroad cunningly fomented, that, dum singuli pugnarent, omnes victi; And mercenary pens set at work to prepare our minds for that Non-resistance so necessary for subverting all Religious and Civil Rights here and elsewhere, &c.  
Such was the preparative Prologue of K: J's. reign. The French Original necessarily required to, throw off his Legal power( as altogether useless) and usurp, in its vacant place, an Arbitrary power( as Absolutely necessary) to introduce popery and Slavery: The Actual Exercise and Effects of which power to the destruction of our Souls, Bodies, Lives, and Estates,( good patriots being cut of● for opposing it, and their goods necessary for maintaining it) is the only Scene we shall view in this tragedy.  
Our Souls were ensnared; by the vigilant Siege of priests and Jesuits let loose on our unfenced and exposed Religion: by illegal Oaths: by Denunciations, not only to be turned out of all trusts if we betrayed not our Conscience and country; but also( Intimation) by certain Experience that we should lose Lives and Fortunes if( remaining Protestants) we had any Action Criminal or Civil with a Popith Adversary: by Ecclesiastical Commissioners enforcing the reading K. J's. Declaration against duty and persuasion: by sending young Noblemen and Gentlemen Abroad to be bread Pap sts; and perverting all Ranks with the baits of Countenance, Preferments, and pensions, &c. Our Bodies were in●l●ed and Lives exposed, by Arbitrary Requisition of Obedience without Reserve: by an encroaching Privy Council: by Illegal Imprisonments: by standing Forces in time of Peace, who acted the greatest Barbarities, without any Legal Warrant by( at the same time,) disarming Prot●stants; and Summar illegal trials; and illegal Tor●●res; and by inspireing,( even Legal) Criminal Judicatures to give the horridest Sentences, &c. Our Estates were Invaded: by subverting the Charters of Burrows: by Free Quarters; by illegal Taxes; personal protections; and exorbitant Fines: by Dispensing with our Laws( our great property and Birth-right:) by Ecclesiastical Commissions, whose Effect and Design we saw in the Bishop of London and Magdalen Collegde( turned out of their Free-holds) and might have seen in all the not complying Clergy of England: by over-ruleing Civil Judges ( ad been placitum) with the uncontrollable Authority of great Ministers, or private Letters, &c. All directly contrary, and in open Hostility, to most clear and known Laws.  
It had been a hard pull to have come this length, if the two remaining parts of the Example had not been copied, v●z As to Parl aments, and Dissimulation. Therefore Parliaments( the great Fence of all that is Ours) were broken down( ●y being discontinued; and at last[ by, in effect, excluding the Burrows and corrupting and terrifieing other Members, yea making Legal Elections impossible] to be totally Subverted) and we were soothed by the Solemnest Oaths' and Declarations for Religious and Civil Liberty;( as Eva by the fatal fair Apple, or, thereafter massacred Guests, by being invited to a Marriage:) Thereby allowing us( a while as yet) to judge the Substantiation, by the outward Species; but intending( as is too evident since) after kissing, to thrust us under the fifth rib 
If any be so ignorant or impudent to ask Probation for these th●ngs so Notorious notoreitare facti; it is answered: ma●y of them were expl●c●tely or impliedly, acknowledged by K. J. himself; and most ●f them by his Friends ( lye ●●bemus confi●en●es reo●) and all of them proven per Nubem Testium( viz. The whole Estates) tho two be sufficient to establish all truth. The other causes that are keeped up and n●t proven by Witnesses( for reasons you shall know of hereafter) were Snasoriae tantum; wherefore cau●ae ●uffic●en●er, ●ustificae, were only published, and only founded on, in the( then) princes Declarations. .  
The Catastrophe would have followed may be proven( without producing any unnecess●ry new League) by the most convincing Arguments: Whether from their Religion; obliging under pain of Damnation to Murder, and in order thereto, to cheat us: or Experience thereof, in the Massacres of Waldens. Bohem. Germ. Dutch, French, Savoyans, Irish old and sate, and our own Briti●● plots: or thence Law; Sem●l malus semper malus in eodem genere Malitia: or finally logic; for if sc●rce 4 years Reign did ●ack us to ●uch a S●ate, what ( a majori) would 8th,& an Immortal popish ●uccessor have done? if the( then) P. of Orange had not delivered us: since all being acted under the protection of, the French ally; strong standing Armies; and professed or disguised papists, or villainous and Mercenary Protestants( as many as could be had being absolute Masters of all Ecclesiastical, Civil and Milit●ry powers; could meet with no control( even of safe●● petitioning) from a headless multitude, but praces& l● chryma.  
The remaining( True) Church, and( whole) State 〈◇〉 Europe being, thus, like a Ship, which sailed, and wou●● have sunk( Britain once lacked) together: and an E●● fice; which undermined on our side, and the flamme taki●● hold on this Rafter, would, in totum, Up: above all; we b●ing, the( then) P's Brethren and Neighbours( to be lo●ed and helped as himself) and sick and in prison( to 〈◇〉 visited by him:) if he had not heard such joint groans 〈◇〉 incumbent Evils and impendent dangers, he had be●● less excusable then the two Hector's themselves; as the voluntar Spectators of the Roman Sword-plays were more Barbarous then the( by Zeal and Ambition) constrained Actors. But Piety commands that the Church 
This is not, defending( with arms) the Spiritual profession( for it cannot be ruined:) but protecting the Temporal Professors, from being therefore, murdered. Hence, Christian Princes, after swearing( at the Coronation) to maintain the Church; brandish their Sword S: N: E: an w: which insinuates that there is no Region exempted from their care( for the Unity of the Church admits no Division, or Appropriation to one, in Extraordinary Dangers. This hath been decided solemnly twice, by the whole Christian World: viz: First, by the Council of Nice appointing the Indictions each 15. years to begin in October( which may be the date of our Liberty, also) on the day of Maxentius's being overcome by Constantine.( Onuph: Mercat: Hotom:) 2. By the Wars of the Holy Land; wherein so many( even Princes) dyed, and exhausted their Treasuries. Where ever, therefore, there is Truth in what is asserted; it cannot be said to be done on any pretext whatsoever, for( sincere) intention, and( feinged) pretention are as different, and inconsistent in the same Subject, as Fantome, and Body, Ingenuity and hypocrisy. This is the Natural signification of pretext; Praetego, i.e. prae●velo; p●ae●endo, i.e. ante ten●o; praetextum, dicitur, illud Velamen quo moveri aliquis v●detur ad aliquid agendum, cum tamen alia C●usa moveatur( Calep: in dicti:) hinc( Suet. in Cae●:)& praetextum quidem illi civilium armorum hoc fuit, causas autem alias fu●sse opiniantur; ut C●cero[ per praetextum] exprimit[ per Simulationem:] So Paul distinguishes, in saying, Whether in Pretence or Truth; and our Acts 〈◇〉 Parliament, especially of Char: ●d:( optimi interpretes what is imported thereby in the Test;) pretended Authority, &c. And the French, pretendue Re●●rmé. Hence, since the Fa●ts ex●ressed and founded on by K: William, and the Subjects are( to the World, and each Man's private conscience) perspicuous Truths, they proceeded on no pretexts: But he, as Prince, adopted Sons( as Phar●●h'● Daughter the exposed Moses) and as King protecteth Subjects; as True Defender of the apostolic Faith.  of GOD be maintained; and Justice requires that Destrovers of Common-wealths be compelled to Reason; and charity challenges the Right of relieving and restoring the Oppressed: and in case of final inexorableness; it is lawful for a Constantin( requested by the Romon People) even to expel a Maxentius; though it be Criminal in a Porsonna to bring back a tarqvinius.  
Passive Obedience hath never got( de facto, at least) 〈◇〉 larger Field than we have given it; But now we go to allow the highest Prerogatives that ever ( de Jure) it could pretend to.   

THESIS I. The Enterprise of the( then) P. of Orange,( a Supreme) by his Army( foreigners) was a just War, both as to its Cause and Solemnities, or Matter and Form; and so must have all the Effects such hath had in all Ages.  

PROBATION.  
1. THIS enterprise, as intended to be, so really was a War; For there are only three States of any Nation, viz. War, Truce and Peace: And so we have no other Word but that of War to express the Nature of this Attempt, since it was neither Truce nor Peace. War is the State of two( bellum quasi duellum) or more Princes contending by force and violence of Arms; 
Grotiu●.  Hostes non solum euistimantur qui jam navali aut terrestri praetio certant, said pro talibus habendi & qui Machinas admovent portubus out maenibus; etiansi nondum pugnam incipiunt; says Philo de Legib. The Effects of War by a numerous Army, after denunciation, cannot be called the time of peace. The Sword hanging over the head; Acts of Hostility( tho indeed few) on Persons, Cities, and Goods; taking and Garrisoning of most places, are no ways justifiable but in War: Since the way of Fact( without form of Process) would be an unlawful, violent intrusion, if it were not a lawful War; and( as K: J: calls it) in some sense a public invasion. Hostes sunt qui nohis aut quibus nos publice bellum decernimus; caeteri praedones aut latrones sunt. 
Hostes ff: v: s: tv: Zieg: in Grot: p: 531:  In a word the mouth of a Cannon portends the pleading a cause by the Law of Arms†.  
2. To preserve neighbouring Subjects from ruin in their Religion, Lives, Fortunes, and Liberties, and procure re-establishment of their torn Laws and privileges; with competent security for the Safety of all these, is a pious and most just cause of War. For After instituting Civil Societies there is a special and unquarrellable jus quaesitum to the Rectors thereof, over their respective Subjects; where these Subjects do by real transgression merit suffering, or the case is dubious; And to this effect only was ordained the distribution of Empires. But if the injuries be most manifest( as these of Busiris, Phalaris, &c.) the right of human help by Princes not-subject against such oppressing Governours is not precluded by this distribution of Governments. For it is the nature of civil Societies, that every one hath entered therein for his own benefit; and so this kindly protection of a neighbouring Prince so necessarily beneficial to us, is not against the nature of Society; The advantage of this being also common to all Princes themselves, since he who( attacked) is now burdened, at another occasion( when Attacquer) is thereby sublevate. Yea, this is not only, not prohibited( there being no intrinsical or moral pravity therein) but is also so far a positive Right belonging to Princes, that( each fearing his neighbour should use it) they think it necessar to exclude it in most treaties,( with this clause causa justa aut injustâ) as Bodinus observes 
p m. ●54.  There is one great Family and Society of Mankind, in which, Reges, non unius sibi creditae gentis habent rationem; said totius humani generis 
Themist. in Orat: ad Valen: : even as( in Ecclesia turbata at least) he who is not Universal Pastor of the Church, is Pastor of the Universal Church, and hath a care and weareth( with his Spiritual armor) accordingly 
Const●t: Clem U●iversalis ecclesia curam aecepisse. : or as when a Master of a ship, Father of a Family, or Husband of a Wife,( all hieroglyphics of a Kingdom) is hindered by the adjacent neighbour( having no more Jurisdiction over him than one Prince over another) from irreparably injuring his Mariners, Servants, or Spouse; there is no Delict committed against, but favour done to the Maritime, oeonomical, and Marital G●vernments. And a King hath no more Right to ruin his Subjects against Law, then these( constitute also in a ruling Capacity) to destroy theirs, and so may be equally gainstood by his charitable neighbour.  
3. To profit neighbouring Subjects in what a Prince can, is not only Lawful but also Duty by the Natural Law of good Offices; and so what we see performed with so much praise, could not be omitted without blame. There is nothing more serviceable to Man then Man, for which also he is born; says Seneta: And so he should answer that end. Bruts commonly help their fellows: mercy and propension to Advantage others begins even in Infants; which must proceed in both from Natural instinct. Many are the Obligations betwixt Men engaging to Mutual Aid; for we are Cousins by Nature( says the Lawyers) as come all of one Parent; whence Solon pro●ounceth the State happy where every one thinketh an others injury, his own: which holds equally in the great state of Mankind as Grotius* concludeth, 
Grotius 2.25.6.  Latissime patens est hominum inter se Conjunctio qua vel sola ad opem ferendam sufficit. But the Conjunction of the same Faith also, addeth to, and maketh Indispensible this Natural Bond of Amity; For we ought to lay down our Lives for the Brethren: And let us not love in word neither in tongue but in dead 
John 2.16, 18. . Natura habemus ut indignationem nostram conjungamus cum iis qui male tractali sunt, etiansi ad nos nulla pars injuriae pervener●t, says Chrysostom 
Chryso. 13. de stat. . And Princes, saith Tacitus are like Gods; and so hear the Prayers of Supplicants if they be just: Et Fortitudo quae defenait infirmos plena Justitia est; as Ambrose hath it 
Ambr. l. 1. Off. C. 5. . Whence it appears, that the Princes preferring the safety of an innocent Multitude to his Own was the highest Act of Christian Charity; and as the injury was more signal to many than one; So also the Beneficence. 
Bodin: p. M. 326.  In respect of all which, the great Bodinus( speaking of this Question) does in reason, conclude, De pulcherrimis omnibus factis Nullum illustrius est, qua● vitam, famam, ac fortunas innocentium ab injuria po●●●tiorum defendere, quando judiciorum aduus om●es ●bsidentur.  
4. injury is the just cause of War; Iniquitas parts ad versae justa bella ingeris 
Augus. Civ. Dei. 4.4.  And so there are as many Fountains of just public War as of Legal private Actions. Action is granted for an Injury already done, or not done but justly feared. To evite a wrong justly feared but not actually done, we seek, Cautio de non offendendo; damni infecti; interdicta●● visfiat. If the damage be already done, we require it to be Repaired or Punished. Even so the three( of which one would suffice 
Gr●tius 2.1.2.2.  just causes of War, viz. Defence of what we yet have; recovery of what is lost; and Punishment of our Oppressors are causes most justifying to this Pious War. For there are only two ways to obtain Right from the Refractory; viz. By Actions and Accusations betwixt Subjects: And because these fail( there being no Terrestrial common Judge) War betwixt sovereigns; Bellum naturallter incipit ubi judicia deficiunt 
Grotius pros. 5.& L. 2.1.2.  And so since Naturally every man is Executer not only of his own right, but also of an other's: and in the Natural state( where none was subject to his fellow, as now no Prince is subject to his) every man might vindicate Crimes 
Gon. 4.14.16. Grotius. . The Prince had good right to espouse our Interest, and make our injuries his own, and so make War to redress them. Plato 
De leg. 4.  judges him punishable who hinders not Violence offered to an other: Et Tullius, qui non defendit ne● obsistit, sipotest, injuriae, ●am est in vitio quam si parentes, aut patriam, aut socios, Desirat: So Euripides, praebent saxa Perfugiumferis, araeque famulis, urbibus pressis malo tutamen Urbes: As Seneca, Succurram Porituro said ut ipse non peream; nisisifuturus ero magnae rei merces. Which last was the Glorious Resolution of the Prince, viz. to carry thorough this great Work or perish in the Attempt.  
Tho, in extremest necessity it were Criminal in Subjects to demand these things by Arms, yet it remains most Lawful in a Prince not subject to do it for them: Since when there is a Personal( not real) Impediment, to any Action; that which is not lawful to one is lawful to an other, if the matter be such as one may profit an other in. So a Tutor pursues for his Pupil who hath no personam standi in judicio; and a Defensor is admitted( even without a Mandate) for one who is absent and cannot defend himself. The Impediment which prohibits a Subject to resist comes not from the thing itself, Cause, or Matter, for that( viz. Defence, Recovery, and Punishment) is materially the same in subject and not subject: But from his Personal quality of Allegiance; which being noway in, could be no obstacle to, the Person and Actions of his Highness.  
5. Not only doth this Right as Adopted afford a just cause of War: But even the Prejudice done to Rights properly the Princes own. And that as he is Head of the Protestant Interest, and principal Pillar of that( then much endangered) Religion: As( being so nearly of the Royal Blood) he is thence concerned in the future welfare of these Nations: And finally as being obliged to hinder any Intrusion on his own or Princess's Rights, till the reality of the Birth were sufficiently cleared. In respect of all which, we might have exclaimed( in case of Refusal) with( juster reason then) the Campani to the Romans, Quandoquidem nostra tueri adversus vim atque, injuriam non vultis justa vi; vestra cerie Defendetis. For,  
Firstly, What Wounds the Protestants received in the Profession( by Law established) of their Religion, pierced his Highness thorough the sides; and so he was engaged, and had good right to cure them. For. St. Paul teacheth, 
1 Cor. 12.18.  that all the Members of that one Body, being many are one Body. And God hath set the Members every one of them in the Body, as it hath pleased him. And whether one Member suffer, all the Members suffer with it. They must not love in word only but in dead, and show their Faith and Charity by their Works: as is above remarked. Whence this effectually feeling one another's griefs and evils pertaing not only to each single Person, but also to a People as such, and Princes quá Princes; who should serve Christ not for themselves( in private) only; but also( as to public) for the Power which they have in their hands. When a house is on fire, the Insurer( especially) is bound to run to all Rooms where he may quench it: And when a Laik stricketh up in a Ship, he who is interested in the Cargo will( without, yea● against, the Master's Invitation) labour to stop it And so there being a great Family and Society not only of Mankind, but also more especially of Protestants; in it Religio contaminata ad omnium pertines injuriam 
L. 4. C. dehaeret. : And consequently more particularly to the injuring of his Highness. And they who invited him( at that time no Enemy to K J.) to use his Right did no more then what is affirmed by Augustin 
Augus Epist. 50  Maximinianus Episcopus vagiensis Auxilium petty a● imperatore Christiano contra hostes Ecclesiae; non tam s●● ulciscendi causa, quam tuendae Ecclesiae sibi creditae. To which end he used first all Peaceable Instances, and these not prevailing, 
Rosenth. Str●v. Pist Franzk. Ludio. Zas in Fe●dis. Mant. Lucub. Vatte. Tom. 2. Lab. 23. Tit. 20. 〈◇〉.  this just War.  
Secondly, In an hereditary Legal,( not despotic and Patrimonial) Monarchy, the Heir, succeeds the Father( or other Predecessor) not to him; is not necessarily Haeres Predecessoris, but Haeres Regni by virtue of the first Contract, Law, and custom: By right proper to himself, not Derivative from his Antecessor: Even as in a proper Feu( where the true Feudal Law lives) the Kinsman succeedeth by strength of the Original Investiture: or as a Substitute, in a commiss or entail, succeedeth rather to the Testator, then to the preceding Institute. When it is certain who are Heirs to a Kingdom, Simul atque existere caeperunt jus proprium eis quaesitum est ex Lege 
Grot. 2.7.26. ( As the Roman Law affirms, that the Unemancipate Child is Vivente Patre quasirerum paternarum Dominus; and the Patriarch's Servant calls his Master's Heir, Lord; And Heirs of a Kingdom have the same Right thô Emancipate, or never in Potestate( Heves quasi herus) from the Law itself which introduced that difference) Whence there Persons, Rights, and Eminencies are by Law specially secured. And so K: J's: even plentitudo potestatis could not deprive them( since not the meanest Subject) of the least present or future Emolument of this their Property, which was not in his Disposal. But if the Subjects were permitted( by the Prince) to be ruined in all their Religious and Civil rights, and the interposed Child tamely suffered to exclude( without Cognition of the cause) their Highness's birthrights: It were in effect, Depriving them not only of the Emoluments, but also Substance of their Properties; being not to succeed at all but Disinherished, or at most to succeed only to wretched Kingdoms. Wherefore the Prince( for himself, and as bound to defend and secure his Princess's Rights whether Present or Future,) had a just title to prevent all Invasions thereon by obtaining a Legal Disquisition of, and then Caution for them, 
peregrine. Fid. Art. 3. N. 29.& Art. 46. N. ●o: Fusar. Q. 512. N. 1. & Q. 515 ●cupscild de Fid. Fam. case. 11. N. 386. &c.  which was all he( fruitlessly) demanded to be done in Parliament. So the Substitute, in a Fidei comiss in diem, may Legally seek Caution( yea force Restitution before the day, if the Fiduciare egregiously abuse the heritage. Much more if he, in effect,( quantum in feest, alienate the whole extra Familiam) when it is a Familiary Fidei comiss. The Caution decerned to Private persons runs, quod fiduciarii velint die venienie, aut conditione existent, aut si in judicio succumbant fide●omissa praestare integra*: And a Father must secure his Son hypotheca rerum suarum 
Tit. F ut Fid. Ca. Cav. L. 7. F. Eod. . Consequently no less could be allowed to a Prince,( considering the matters of Fact in the Memorial) then would, to the meanest of Subjects; since his interest( both evidently lesed, and at most controverted) was greater and more inviolable than theirs can pretend to be.  
6. The Justness of a War for punishing Offences deserves a more strict enquiry: since the very making war on K. J. is( in part) a punishment. Nature hath not, determined, who shall exact punishment for Malefices; only that, it were most convenient it should be a Superior: but he who does evil, eo ipso detruds and makes himself inferior to one otherways his Equal 
Thom. 2.2. Q. 64. Art. 1.161. Cajetan. . Hence saith Democritus, Naturâ evenit melior ut sequiori imperet. This Chastisement is more specially recommended to near Relations because of their presumed piety in Correction 
Tit. C. de emend. propinq. . Plutarch holds, That a good Man is designed by Nature, a Perpetual Magistrate, for by the very Law of Nature, he hath a Principality who does justly. Whence the Learned Hugo 
Grotius 2.20.40. , Sciendum quoque, est Reges, aut qui parregibus jus obtinent, jus habere paenas poscendi, non tantum ob injurias in se commissas, said& ob eas quae ipsos peculiariter non tangunt; said in quibus vis personis jus naturae aut Gentium immaniter violantibus. But the violating our property in our Goods, Liberties, and Laws is a violation of the Law of Nature and Nations; For, Natura non patitur ut aliorum spoliis, nostras facultates, copias, opes augeamus, says Cicero; And the same Grotius 
Grotius 2.14.8. , Ubi enim dominium, aut jus aliud, alicui legittimo modo partum est, id ne ei auferatur, juris est naturalis. And so this Delict( in the name of human Society thereby violated) orbis viribus expiari debuit, as Justin expresseth 
Justin. Lib. 8.  Yea, its not only more Noble, but Honest and convenient for a Prince to revenge an others, then his own injuries; because the moderation of his proper grief is more difficult: So the Hebrew Interpreters observe, that the Kinsman was permitted to exact Talion for his Friends blood even by private Authority; which was no ways allowed to the lesed himself( when perhaps, wounded) and that for the same reason. From all which it appears that, the power of punishing is not an effect, proper to civil Jurisdiction; but comes from the Law of Nature: otherways no enemy would have right of punishing an enemy; which Right, notwithstanding, the use of all Nations does confirm. Whence it necessarily follows, that this war( as Punitive of K. J.) was most Just: Since the Princes power over him flows not Ex ulla Jurisdictione Civili, said ex illo jure Naturali quod& ante institutas Civitates fuit;& nunt etiam viget, quibus in locis homines Juri Civili non sunt Subjecti 
Groti. 1.3.21.5. : And, Ut quis Ultionem sum at ab eo qui peccavit, satis est ut ipse, et qui peccavit subditus non sit†.  
7. This war which had so just grounds was Denounced( by the princes Declarations) much as that of Camillus against the Gauls; Omnia quae Defendi, repetique,& Ulcisci sas sit: Or as in the Feciale Formule, quas nec dederint, nec solverunt, nec fecerunt, quas res dari, fieri, solvi oportuit: ego vos testor populum illum Injustum, nec jus persolvere. His Declarations were altogether a sufficient Denounciation: For, the Reason of making Declarations of War, and its cause public, is, that all Mankind may Cognosce on, and be persuaded of, the Justice of its cause: and that it may be certainly constant, it is undertaken by Authority of a Supreme Power,( non privato ausu) as Grotius and gentiles testify 
Grot. 3: 1: 11: ●lber: gentle. Lib: 1: C: 2: . The first being necessary to let the World( yea Enemy himself, and his Party) know the Authors Integrity; And the second; to infer the peculiar effects which have not place in a war by, or against Subjects or pirates. Declaration is pure, or Conditional. Pure Denounciation is, when a Delict is simply to be punished; without admission of Repentance, since Panitendo non, nocensesse, definite: But such was not the princes who before, and after Denounciation, did incessantly request K. J. to repent restituendô ablatum,( property or safety) as a free Parliament would advice; and he would proceed no further 
Vid. Decla: and the public papers. . Conditional Denounciation is exemplified in Livius 
Liv. Lib. 8. , Eam se injuriam, nisiab ipsis qui fecerint, dematur, ipsos omni vi, depul. surum esse: And of this nature was the princes, viz. On Condition of granting his Demands in Parliament; War and its effects were wholly to cease, and all that was done in the Interim( as necessary for, inducing K. J. to assent, the princes own Defence( as it is only a defensive war, tho to prevent and divert a Prince, enter his Enemies country, on condition of security of not being offended) and for protecting the Subjects till Grievances were redressed) to be restored in Integrum. repetition preceding Indiction itself( for it differs therefrom 
Vid. Marcel. Donat. in Liv. Lib. 8. P. 18. ) and the Solemnities of Indiction being of civil Institution( not the Law of Nations) Iudictio nullum post se tempus, jure Gentium, requirit 
Grot. 3.1.13. . Hence the third punic War, Simul indictum simul illatumest: And so did Cyrus to the Armenian: and Servius affirms( speaking of Denounciation( Pater Patratus jaciebat hastam, quae res erat pugnae principium tum certare odiis tum res rapuisse licebit. Consequently there needed no delays after once Declaring at the borders of the Enemies Territory: Since that also satisfies the foresaid reason of Declarations.  
From which Deduction it is evident that the Prince did not only lawfully declare this war, but also did not use therein, the rigour of the Law of Nations. For besides the pressing instances made( before 
See the Transactions about the time of Phagel& Stewarts Letters.  any design of war) to remove the causes thereof: there were no Acts of Hostility till his just demands( as to the Principal, at least) were a second time rejected; and thereon Declaration made also 
Vid. 3. Decla. . Irritatio animo cum ea prima fuit, poslea juslum bellum decretis civitatum ultro indicendo factum, as Livius in another case. After which second denial and the Princes coming to England, a third time competent for convenient granting was conceded; but K. J. by turning his back, at once confirmed the former, and shewed the third refusal. So much had the Prince the Law of God in his Eyes 
Deut. 20.10.11. , When thou comest nigh to a ●ity to fight against is, then proclaim peace unto it. And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it. Salustius saith, Sapientes pacis causà bellum gerunt,& laborem spe otii sustentant: Cic to 
Nicom: C. 7. , Bellum ita suscipiatur, ut nihil aliud nisi pax quaesi●a videatur; and elsewhere 
De Of. 1. , Sic suscipienda bella sunt ob eam causam ut sine Injuria in place vivatur. All which dictates of Reason Concentred in His Highness Conduct.  
8. Finally, The Prince followed the greatest Examples( Reason and use making a Law of Nations) many of which are not near so just●siable as his Highness's. So Constantine took Arms, against Maxentirius and Licinius for oppressing the Christians then secured by Laws: And abrogated all the unjust Edicts and Rescripts of Licinius 
Li: C. Theod: d. in●: ●is quae sub ●yran. : As other Christian Emperors, against the Persians, for Injuries to Christian Subjects. Theodosius and Arcadius having killed Maximus made this Law, Quae Tyrannus contra jus rescripsit non valere praecipimus 
Li: C. Theod d: infirma dis quae sub Tyr. L: valeat cod. . David sought and got protection of the Philistines. Moses fred the Israelits of the Egyptian bondage. Which being by God's own Will, must be lawful in itself; since he willeth nothing unlawful in its own nature 
Vid: Syn. Crit. ibid. concerning the Jewels. . The Maccabees are praised by Ambrose 
Ambro: de off● Lib. 1: C. 40. , that even on the Sabbath, they revenged the Injuries done to their innocent Brethren. The Governors of Sodom Rebelled against Chedorla omer( whom they had long served) yet Abraham did assist and protect his Kinsman Lot( who was also an Inhabitant) and them against their oppressing sovereign. Where Observe; Melchisedeck says, Blessed be the most high GOD which hath delivered( thine) enemies into thine hands. 
and ests 14.20.  So Hercules was Deified for freeing the World of Tyrannous Monsters: in which the just and virtuous Romans did go beyond all others. Dio, Timoleon, Aratus, Harmedius, Aristogitón, Aratus, all imitators of Hercules, are exalted( by the best Writers) for being Tirannorum interfectores& Magistri. Ludovick XII. of France ●ook the Patrociny of the Duke of Ferrara and other Subjects,( against Julius II.) whom also his Nephew Henry III. with Force and Treasure, protected( against Julius III.) Which Henry likew se, at the same time, defended the German Liberty against Charles. Gustavus Adolphus is in our Fathers Memories: and Luther had German Princes to protect him against the fury of the Emperor. If the Pope's decision will hold now a days we find him call in Pepinus against the then established Lombards: And to enumerate all instances of that nature in after Ages, would fill a Volume. Lately( in firmance of the former) his Holiness, by mediation of Philip; II.) made the Duke of Guise Head of the catholic League and Protector of that Faith against Henry III. and IV. of France: Only for Coldness and toleration in the one, and simplo being Protestant( and thereby Popery endangered) in the other: But It is a Canon of Rome itself, Quod quisque juris in alium flatuerit, ipse endem jure uti debet. The Glorious Queen Elizabeth's Assistance of the Protestants in France, Scotland, Germany, and the Spanish Netherlands; and King James 6th's traceing her happy footsteps,( both most Pious, as Christians, and zealous of the Royal Dignity; as Princes;) carrieth greater then ordinary weight to satisfy, that this War was just and Religious.    

THESIS II. Hence by the Law of Nations, the princes Title to the Regal Right was Legal, as the Effect of K. James( not the Kingdoms) being Vanquished in a Solemn War: Tho he had gone no further.  

PROBATION.  
EMpire or a Regal Right is acquired( in a just and Solemn War) to the Victor, two ways, viz. Only, and as much as the Conquered King had it himself; or moreover, all the Right that was both in King and People. This last,( called Absolute Conquest of a Kingdom) when the quarrel is against both King and Subjects, pertains not to our case or enquity: As the Prince truly declared that he had no intention of Conquering the Nation 
Vid& Decla.  Conquest of the K●ng only and what is his( the Kingdom, and what is ●he subjects, remaining untouched) falls out, when the war is made for,( not against) them; against the King only: and so the Conqueror( as an Heir) succeeds Tantum in universum jus quod Antecessor habuit. For; as the goods and Rights of each single person are acquired to him who does subjugate the owner; so are also those of a King subacted. Victory is Aequiparate to Dedition; For Dedition( say the Lawyers) gives over willingly, what Victory would extort by Force: But in Dedition, Omnia ei qui armis plus potest, dedita sunt; Whence all must be acquired to the Victor in Victory. Hence all Incorporeal Rights of the Vanquished become the Victor's also: So the Romans( Alba conquered) did vindicate, Quae Albanorum jura fuerant 
Dion. 111. Grot. 3.8.4.1.2.& 3.6.26.& 3.9.9.161. Zieg . The Conqueror may acquire this Right without any( at least express) consent of the People; so Hornius 
Horn. de Civ. C. 9. Se. 2.3.5. ( a great Royalist, and for the Divine right of Monarchy:) As soon, says he, as GOD gives Victory, he confers on the Victor inviolable Majesty. If this were not admitted; Controversies about Kingdoms, and Wars and Desolations thereon should be Immortal( which is repugnant to the common sense of Nations) for many deny the Subjects Acquiesence, or prescription, to prejudge the sovereign. A Conqueror of a Kingdom may alienate it as his Patrimony, but a Conqueror of a King only, canno: Since he hath no more Right then the King he succeeds to; as an heir hath no more then his predecessor: so Cyrus desired the Assyrians to be of good courage, their Lot should be better then it was formerly: their Houses, Lands, right over Wives and Children should remain untouched; their King only changed 
Enoph. do Instit. Cyr. Lib. . Even as a friend, redeeming a Captive, acquires jus pignoris& recentionis in him: and he must serve his Deliverer( tho [ otherways then formerly] without any real servitude) till the Lytron be payed: that being but a small Retribution of the great benefit of Liberty: But the Equity is greater in a public then private Redemption; since both the slavery and delivery is of many 
C. 34. Edict. Car. calv Tit: F: Cap.& C. de postlim. . Hence Grotius 
Grotius 3.8.1.3. . Potest autem imperium acquiri vel tantum ut est in rege,& tunc in ejus duntaxat jus succeditur, non ultra: vel etiam ut est in populo. And 
Grotius 3.15.1. , Justo bello ut alia acquiri possunt, ita& jus imperantis in populum; ant jus quod in imperi● habet ipse populus: So speaking 
Grotius 1.4.13.  of a King who hath only a part of the Supreme P●wer, and the Senate the other part thereof, Potest rex suam imperii partem belly jure amittere; and, Imperia armis quari, Tertullian affirmeth.  
2. Hence appears how the Regal Right was acquired to the Prince by Conquest of the King; not the Kingdom. For there were only two ways to obtain( in right of so just a war) the things demanded, and oft denied, viz. by force on K. James's person or Estate. Wherefore the Prince( resolving unchangeably to keep his sacred person inviolable) was necessitate to use Execution on his Estate. Whence according to the Law of Nations, he invaded his possessions, defeat tho mostly without blows his Forces; took his Forts, Cities, and Palaces; Finally got himself and whole Interest in his power. But leaving K. J. in Liberty to go about the granting our requests, K. J. left all to the Princes disposal. Then the Princes jus ●drem becoming jus in re; officers Civil, and most Military, ceased to act in K. J. Name, and as Actors or Negotiorum gestores at least possessed in Effect all in the Conqueror's 
Transit possessio, si colonus altri tradiderit. L. 3, Se: 9. Cap. L. 33. cod. L. 32. S. 1. L. 25. S. 2. de acq. post. . He emitted Writs in his own name; and ordered the States to preveen confusion in the Interim; and was obeied in all, before any delation of the Governments: before which also; all even greatest Royalists made their Addresses and Homage to him; which was an material acknowledgement of, and could not be lawful( to a public Enemy) without the Translation of the Regal Empire from K. J. by such an entire tho bloodless Victory over him. That Victory is most Absolute which is won without( even the Contest of) stroke; and none is more Absolute, then all possessed none gainstanding. So K. James leaving all to the Prince for the present,( tho with a mind to be restored in the future) Tantisper, volvit non possidere( as Lawyers speak Arg. L. 17.§ 1. ff. acq. Poss. Si quis eâ mente possessionem tradit, ut postea ei rei restituatur, desinit possidere) and in his place the Prince possessed and so acquired.  
3. That Empire, which was in the person subdued, is, the natural fruit of Victory; and immediately after victory competent to the Victor: i.e. the wages of War as it is called Ezech. 29.18. Seqq: Because they wrought for me, saith the Lord; is clear from the Actings, approved by the Writers, of all Nations and Ages. So GOD speaking of a City expugnate, after repudiating conditions of Peace,) decerns; All the spoil thereof shalt thou take to thyself 
Deut. 30.14. . And it is said of the two Tribs and the half; And the Hagatits were delivered into their hands because the war was of GOD( i.e. as it is declared in the foregoing verses) because they put their trust in him; and they dwelled in their steads 
Chron. 5.18. Sc. . Jacob expresseth this right; Which I took out of the hand of the Amorite with my Sword and with my how 
Genesis 48.22. . Neither was the taking the Vanquished's spoil against the Piety of Asa( the great destroyer of the Images, and restorer of the Laws of Juda) for it is approved in the Text. When the numerous Army of Zera came against him he prayed, O Lord thou art our God let not man prevail against Thee; So they fled, and could not recover, for the fear of the Lord came upon them 
Chron. 14. . &c. And Abraham when Protector of the sodomites, acquired property of the defeated Kings spoil; else he could not have given, the tenth, meat, or portion, thereof to others. The Hebrews used to put immediately, the Conquered's Crown on the Conqueror: For Example on David 
2 Sam. 12.30. : And all these were not Wars by any particular direction from God, said ex comuni jure Gentium, as critics observe on the respective places. Profane suffrage goes alongs with Sacred: so Alexander after the sight at Gaugamela, was saluted King of Asia: Romani quae Cyphacis fuerant sua dixêre lege belly 
Grot. in Not. ub. Sup. : cum Odoacrum devicisset, ejus quae fuerant belly jure tenuit 
Agath. 1. de Theodor. : Quo devicto, cum omnia quae illius fuissent, jure belly Setenci facta sint 
Liv. 43. : and Bocchus in sallust; ob regnum tutandum arma s●●cepisse, nam Numidiae partem unde jugurtham expulerat, jure belly suam factam. The Conquest of Willia● the First must have been only of herald and his Partifans( against whom he pretended title,) and not o● of England; else his Successors had had Absolute Power, or had not had a good right. From all which we shall conclude with the great Grotius 
Grot: 2: 18: 2.2. : At reges qui bello solenni victi, regnoquo exuti sunt, cum aliis reg●nibonis& jus legandi perdiderunt: So Paulus Aemilius did retain the Ambassadors of Perseus who was vanquished by him.  
4. This Acquisition is not only Legal in the External Law of Nations, but also most equitable in Internal Justice, which, besides what is already hinted at both in Right and Fact, is farther demonstrated by this Deduction. There is a just cause of Acquisition by the Law of nature, when I acquire, that which was not mine, in place of what is mine, and what is due to me, and for repairing and punishing an injurious fact; from him who detained what is mine, and from whom I cannot obtain what is due tome, and who hath lesed me. For otherways, I could never be satisfied, the bare retention being fruitless and vain, if I have no right to use it. So when my debtor defers to pay, in lieu of my debt, I get, by Judicial Assignation, his heritage: and exaction of punishment is payment of that debt which is due to the Delict. But war among Princes, is like Actions betwixt private men before a Supreme Judge; foregoeing instances; and at last, Declaration, like to private Citations; finally entire and absolute Victory, to a Sentence. So that as a Sentence( decerning to me my Adversaries estate, for what is mine, and due to me, and punishment of a by-gone Crime, and refractoriness in not giving Caution for the future) jus firmum confert and is most just: so must also the like Acquisition by Victory. Let us consider the true matter of Fact in the Memorial, and Declarations, and there after; the unpayed expenses due to, and unretracted injuries( by Proclamations and Letters) against the Prince himself, the short time K. James could, yea, he would not on just conditions, enjoy the Crown; and its coming to his Children, Paris of his own body; finally the difference betwixt this public affair and private concerns; and we shall find the Reparation less then Equivalent. For he, who cited for one debt of cautio de damno infecto, to one person; or for one crime against a single man; is Contumacious; loseth the whole thing from which damage is( on Oath) feared, and whole goods( yea Estate, 
D. D. ad Tit. ff. D●mm. infect. & ad Tit. req: reis,& ●bs: dam.  in Notour Treason) yet he is judged, in Internal Justice itself, from his implyed consent, to suffer only the Equivalent. How much more therefore, in our case, where there are many debts, to many persons, damage justly feared to a Multitude, repeared injuries done to three Kingdoms, and that ones too of the highest nature; and a final Contumaciousness to grant redress or security, for the present or future, in any of all these most weighty points.  
Tho we poise this Equivalency Absolutely in the balance of Civil or Criminal Judgments, we shall perceive its Adequateness to the debts and Delicts. For he that is Contumax, can not appeal; nor he who hath confessed, nor be who hath once assented to stand to the judgement 
Struv: Exer. 50.11. Tit. ff. de app. recip. vel non.  But K. J. did assent to a Par: 
Vid. his Proposals Dec. 8. 1688. This is known by his pub: lick writs& deeds. ; confessed partly expressly, partly materially, most of the violations objected*; and at first and last was Contumax, Non defendere videtur, non tantum qui latitat, said& is qui praesens negat se defendere; aut non vult suscipere Actionem 
〈◇〉 51. ff. 〈◇〉 1. : and Consequently cannot appeal, or allege any inequality Even as the Merit of a Delict, in the opinion of all Lawyers; is heightened from the cause which moved the Committer; the cause which should have restrained him; and his Idoneity to consider both. Injustice is the greater, the great damage is inferred thereby; when it is consummate; or the nearer it comes to the last Act; that which prejudges many; and that from which its probable great loss might follow on. If there be joined to i●●n other 'vice of, impiety towards Children, inhumanity to Relatons, Ingratitude to Benefactors. ●f it be frequent and habitual, in a Person of perfect Age, all these Aggravations augment its Atrociousness. Much boil, great Power, consummate experience, and above all if it be infused by Education, ●nd opinion of Religion, make it the more formidable, and less evitable; and so must be the more Pre●autioned against. I leave those who know the mat●ers of Fact( 1) the Transactions of Court; to m●ke ●he Application. If their remain any scruple as yet, ●s to the disproportion betwixt the Debts and Delicts ●f K. J. and their recompense, and satisfaction ob●ained for them; the famous Royalist Zieglerus 
Grot. P. M. 538.  will ●olve it: For says he, Magis igitur erit ut continuetur bellum etiam post acceptam satisfactionem, donec hostis Pacis expetat conditions. Succedit enim in locum pristinarum causarum alia nova, quae est causa periculi vita●di. Siquidem ille adversus quem bellum motum fuit, brevi post tempore, insurget, bellumque nullâ just â causâ sibi illa tum causabitur, maximisque coptis, injurias vindicaturus, praesto est.  
It is true villainous Counsellors set this, otherways, ●orious Monarch on so Enormous doings, whileas, ●f himself, he was just and Clement: But this does ●ot exoner him from Punishment in the Law of all ●ations 
Rom 1. Fin. Se. interdum, Inst. ●urt. L Imperator. ff. qui sine man: L. 2. st. de Nox. Act.  since he sinned in not restraining and pu●●shing them. For he who commends a vicious fact, ●elps in, and lends his name to it; approves and raises it; does not prohibit when he can, and ●ould forbid it; who Refets the committers; does ●ot dissuade them when obliged thereto; or Succours ●ot the Sufferers tho holden to do the same; assent●th to, and Participats in the guilt. Salvianus of Kings, Potestas magna& Potentissima, quae probibere scelus maximum potest, quasi probat dehere fieri si sciens patitur perpeirari: And Dion in Galba; Privatis sufficit, non delinquere. In Imperio agentibus in●●nbit,& hoc curare, ne delinquat alius: As Augustin, Qui desinit obviare, cum potest, consentit: And, Qui facinorosum, adstans, hortatar, pro faciente habetur 
Leg. Long. Li. b 1. Tit. 9. Sect. 251  The reason of which is rendered by Arnobius, Quisqui patitur peccare peccantem, is vires subministrat audaciae 
Arnol. Adv. Gent. C. 4.  And Salvianus, In cujus manu est ut prohibeat, jubet agi si non prohibet admitti. And so since these Concurrences suffice to make up a Merit answerable to the punishment inflicted on K. J. we shall make no more unfavourable gloss on his share in the Tragedy of our Miseries: And consequently the least, we can conclude from the premises, is, that since this war was inferred for taking away, and continuing to withhold our Properties; the Brocard  
Quae fecit; si quisque ferat, jus fiet& Aequum, holds of K. J. the Question being betwixt him, and the P.( 1) two sovereigns. Punishment is naturally an evil of Passion which is inflicted for an evil of Action; and so what hath befallen K. J. is most Just Quâ such a punishment: For Hierax defines Justice Paenae exactionem ab iis qui priores lae sêre; And Plato affirms, Nec Deorum nec hominum quisquam hoc dixerit in just agenti non luendam paenam.  
5. When the Supreme Rulers of any People are overthrown, all that pertained to them becomes the overthrower's, wherever it lie and exist;( 1) Al● their Territories. To evidence this truth, observ● that we speak only of the Conquest of a King's right which, being Incorporeal,& wholly in his Person, i● acquired( his person subdued) in Universum to the Conqueror: not of the Conquest of a Kingdom, which( being Corporeal, and there being many persons Proprietars thereof who must be subdued; the design being to acquire the rights of all, both of King& Subject, requires to be possessed naturally by, and so confirmed to, the Conqueror. In a word the Incorporea● right accressing to the Conqueror by conquest of 〈◇〉 King, is not the object of corporeal apprehension, and so any Act of use on the Conqueror's part, and sufferance on the Conquered's, is sufficient to the Acquisition thereof: just as usus& patientia suffice to the Transmission of other Incorporeal Rights, for example, a Liferent. But all the lands of the a Kingdom being the proper Object of Corporeal Apprehension; there are, as many Corporal acts of Possession required to the Acquisition of each individual owner's portion, as were in the former case, to acquire the King's. Victory therefore, over a King only, falls out two ways, viz. either of, and over his Army; himself being free: or of, and over a King being present and his Army; whereby he comes in the Power of the Victor. In the first case the Victor can acquire no Dominion or Empire as to the Territories; and that for defect of the matter of Acquisition in the persons of the Victi the Souldiers, and of the form in respect of the Territories: For the Souldiers having no such Right, it cannot be had from them; and the Territories,( their Master never having been in Power, but they remaining possessed in his name) are not acquired till actual and firm possession be taken thereof by making or taking Forts, and the like 
Grot. 3.4 4. . The same holds, as Lawyers assert, when a King is Vanquished and taken without his own Bounds, as Fran●is. I. was in Italy. Because he had not,( at least) the full exercise of Regal Power extra Territorium, and being taken, only with his, then present, Qualities, could not lose it: and because there was Positive Re●uctancy of the Subjects,( the war being against them also) who designed not only to defend their King's right,( and so continued to possess in his Name, without the least actual desturbance by the Victor) but also their own Patrimonies.  
But in our second case; when a King in person, ●nd within his own Dominions is come in the Power, ●nd Subjected to the arbitrament, of the Victor: and ●eaves all his Territores to the Possession of the Con●ructor; without any dissent, yea, with Homologation of the Subjects: All wheresoever sited, acc●essed to the same Successor, as there was no Division in the subjugated person of the Author. For a Kingdom is one united Totum, whose parts are Coherent as those of a house: so this Totum being individual, and unp●ssessed by another,( as, after desertion, Scotland was not possessed by K. J) the least Act in the Conquerors name,( as the proclaiming his Declaration, &c.) In any part thereof, acquires, per Union sitatem, Civil Poffession, and consequently Imperial right, of the Whole: Just as the acquirer needs neither come not sand to all the rooms of a vacant house. What is an enemy's, is in Law 
L. divus ff. jur. Fisc. L. bona, Se: apparet, de capt.& post limb.  res nullius,& ips● pro nullo habetur: and so, even as a deserted Regio● is acquired by setting up the least Symbol of poffession on on the border thereof,( which we have seen in the Indies,) the whole Complex of a King's Dominion is acquired to him who subdued his person, their Acceding so evident Symbols of possession as were so the P. thorough all Britain. Per Occupationem, says the Lawyers 
Becler. L. 2. C. 2. pussen: L. 4. C. 6. , quae fit per universitatem acquiritur domini●●& Imperium in omnia quae isto tractu comprehendun●●●● sola animi destinatione, citra actum corporalem speci●●lem: non est opus ut quis singulas glebas circumambulessed dum quis fundum,( idem de insula,) intrat ani●● cum occupandi, statim Totum occupasse intelligiu●● So the adjacent Sea is possessed and in Dominion of an King of Britain, without any special Apprehension and the Venetian Marries the whole adriatic by the simplo Act of diving a ring therein; whence nothing hindered the P. to acquire the Regal Right by Equipolent acts and means. This Acquisition is like that an Heir,( yea a Conqueror is in effect, at least, a Heir; according to that famous Title of Law, P●… qui in universum jus succedunt, Haevedis loco habentur 
L. 1 8. Se. ult. 〈◇〉. R. 1.  who by Gestion of one Act acquires all his Predece●sor's Estate wheresoever it be. And as, when one made Captive, the taker acquires all things Copor● and Incorporeal which were his,( whether about his person when taken, or lying in the Victors Dominions, or in any Neutral's Territorry) as accessary to his person 
Grotius 3.9.6. . The Essence of Dominion consists, in being subjected to our Power and Disposal: Hence the word Possession comes from posse sedere, a Possibility of positio sedis in a place when one pleases:( As in the Civil Law possession is acquired, Oculis, quasi longis manibus, when the thing is patent, and no impediment to enter it) and so; since all K. J. had was in the P's. Power( Ireland follows England, as an accessary its Principal, and the Roman Provinces; Rome 
Vid. Grotius 3.6.26. .) and Legal disposal, for there was none to hinder it; he had also Possession,( External acts preceding and Concomitant) and Dominion thereof. That is to say, K. J's. Territories became the P's. Territories: whether that word comes a terrendis hostibus thence, by Forts and Forces; or a terrendi jure there, by the Magistrates not acting, what was done,( in K. J. Name) or a terra itself, which was then under the P.( not K. J.) Power and Government. So Hannibal to his Souldiers, Quicquid Romani tot triumphis partum congestumque possident, id omne nostrum cum ipsis Dominis su●urumest 
Liv. 27. . Menander concerning the Territories of the City Daras, Cum Urbs ipsa belly jure a se subjugata esset, Rationis esse, ut& quae sub Urbe fuerant ad se pertinerent. The Vandals defeat, Bellisarius did vindicate Lilybeam ●n Sicily, as pertaining to them 
Procor. 2. uand. : Henry F. Barbarosas son. Sicily taken, did assert to himself Epidamus, Thessalonica, and others possessed by the Sicilians 
Nicot●s Lib. 1. . Bajanus to the Emperor, Ad se ean Urbem pertinere, ut quae Goepidarum fuisset qui Gaepidae ab ipso essent victi. And so these Authors, speaking of Democracies, speak, only, of the sole Supreme Governors being subjugated, which is the case in hand, and so inserts our Conclusion.  
If any after all this, pretend, that( thô the Ps: jus ad rem be undeniable, yet) those Acts of Civil possession by him,( which existed before delation of the Interregnal Governments,) were not complete; and sufficient to his acquiring a plenary jus in re. Giving but not granting this: he hath now a Consummate and complete real Right( possession, altogether full, having now acceded to his Title,) and that,( as to K. J. and his partisans) by Conquest confirmed by consent( which was manifested by Election) of the Subjects. For the state of war( not made up by a peace) remains; and so that Title of Conquest continues still,( as to K. J.) and the P's. present possession is undoubted( possession, being, Detentio rei cum affectione& animo sibi habendi) and so it may be assigned to that Title when the Question is with K. J. since a man may possess a thing by two, or more Titles 
L. 3.§ 4. ff. acq. poss. L. 159. ff. de R. J.  and thence K. J. is dispossessed entirly; for two cannot possess in solidum the same thing, in the same kind,& at the same time; no more then two can sit or stand in the same individual place at once: and whatever the P. formerly resigned in favours of, and Transacted with, the Subjects, cannot advantage K. J. who holds, that their actings are null; seeing, Res inter alios acta, aliis non prodest; ubi personae conditio locum facit beneficio, ibi, deficiente eâ, beneficium quoque deficit 
L. in omnibus causis. ff. R. J. ; qui legem contemnit, non debet frui ejus benesicio, nihili nullae sunt proprietates,& quod nullum est, nullum, de jure, sortitur effectum. But the truth is that, the P's. Right was,( before now) entirely Consummated by K. J his desertion. A Contract, Emption v.g. is said to be perfected, when( its Effential requisites being present) jus ad rem emptam is perfectly stated in the person of the Buyer: And it is said to be Consummated when, in virtue of that Right, he obtains jus in re, or the thing bought delivered to him. Even so was the P's. Right of Conquest perfected and consummated according to the Law of Nations, which is a comune Contract of all Princes and consequently of K. J. also. For a Just and Solemn war against a King,( not satisfying its causes) gives jus ad rem, O( as Livius calls it) Title to his Regal right: Acts of Capture and possession; and finally, full Victory; and that King's giving over( by desertion) all to the Victor: is the same with Tradition: and Consequently confers jus in re on the Conqueror.  
It were expedient here to clucidate how K. J. his leaving us, was a Dereliction: but since his desertion not only left a real right to the Prince, but also free Liberty to the Subjects to aclowledge the same; that shall be expeded in the third Section, where both their rights are considered jointly. Here only, a great Block shall be removed out of the way, viz. That K. J's. going off was occasioned by Fear; and so say they, it should not prejudge him. This is wholly false in a Solemn War; since the Hebrew Kings were accused by the Prophets, and punished by God, for coming against what was done out of such a fear and compulsion 
Ezech. C. 17. . For,  
Fear is a passion and Trepidation of the mind because of some present, or certain future evil. What is done through this fear,& to evite that evil, is Spontaneous and voluntar, and so once subsists: for of two evils, to do or suffer, he voluntarly( ex post facto,& pofito illo casu, licet non ab initio,) choiceth to do as the least evil, and in so far good. Coacta voluntas etiam voluntas est saith the Law: And 
Grot. 2.11.7.2.  Qui metu aliquid fecit, obligatur, quia consensus hic ad fui, non conditionalis, said absolutus. In this, fear differs from Force and Absolute Violence. For what is done by proper force is acted only by the Forcer himself without any concurrence of the Sufferer: As when a man is dragged out of his house; which cannot be said of K. J. who had full freedom, and was entreated, to stay in his Kingdoms. Moreover, what is lost through fear, stands firm, and is not subject, no not to be restored in integrum, on two grounds principally. First f it be a vain fear: Secondly, tho the fear be not vain, if the cause be just which occasioned it. As to the first: vanus timor is, when the fear is not such, that it would put a Moral necessity, on the most constant man, to do what is done therethrough 
Bachov. Zoes. ad Tit. ff. quod met. causa. . So suspicion is no just cause of fear 
L. 9. pr. Q.M.C. ; nor when one conceives fear to himself, from an other's great power 
L. 6. C. cod. Michael de Luna& Arrol. de rati. imperti Lib: 1: c: 10. , unless, at most, threatened thereby. So that fear, which would be just in a Peasant, is in Law, esteemed vain in a soldier: and that which would afford restitution to a Pusillanimous man, will not be name to, as reflecting on a Nobleman. Hence, what shall we pronounce of K. J's. fear; he being so Magnanimous a Prince; and secured by most Solemn promises of a Faith never Temerated: Nature having guarded him by the untainted honour of a Prince, and affectioned Intercessions of a Daughter: The Army being for, not against him, if he would have consented to be jointly protected by his own Laws. The rejecting all which gave us just fears indeed, that it was a designed total Conquest( not fear) which caused his Desertion.  
As to the second: Tho this fear was not vanus timor, yet the cause being just which occasioned it, viz. A Solemn War, what is lost thereby, is irrecoverable. For K. J. gave cause to the war on him; and so his own Schol●sticks decide, At qui causam dedit cur vim pati aut metu cogi debeat, habet quod sibi imputet: nam involuntarium ex voluntario ortum habe●s, pro voluntario habetur 
Lessius Lib. 11. c. 17. Dub: 6: Grot. 2.17.18: . In a word, all Laywers 
Struv. Ex. 8. Th. 12: Mich de Lun. L. 2 c. 10.  are express, that what is done out of fear( which a King hath driven on himself) of the effects in a Solemn war, can never be come against. Sicut Gentium consensu introductum est ut bella omnia, summae potestatis autoritate utrinque, gesta& indicta, pro justis habeantur quo ad effectus externos; ita& hoc, ut talis belly metus hactenus pro justo habeatur, ne quod ita obter●um est repeti posset 
Bodin. de rep: L: 4: c: 6. Grot. 2.17.19.& Lib: 3: 19: 11: : So Grotius again; Bellum sollenne( i.e.) publicum utrinque& indictum, sicut alia habet Peculiaria in jure Gentium externo posita, ita& hoc, ut quae in eo bello, aut ejus finiendi causa, promittuntur adeo sunt valida, ut ex causa metus injust illati in irritum deduci non possint: Which Law of Nations was Absolutely necessary, because( as Grotius adds,) Ni id placuisset bellis talibus( ubi metus utrinque infertur) quae valde sunt frequentia, nec modus nec finis potuisset imponi, quod tamen fieri, interest humani generis. And to take away this Law were in effect, to banish Faith from all public Negotiations, and Quiet from Mankind; since few Treaties but are made in Arms by Force, and thorough fear to lose Life, or goods; Liberty or the State: which are causes able to shake the most constant. From all which it most evidently appears, that the greatest fear could neither invalidate what K. J. did, or might have done, during his abode: nor consequently, at last, his Desertion: Even as he, who( made Captive in a just war) promiseth a sume for his Liberty is never exemed from, but by his own party, forced to; Payment 
Christin vol. 3. dec. Beli: 124. N. 9. Seqq. . And as, whatever right one, Legally Imprisoned, grants or renounces, is irreversible 
L. 21. Pr: ff. Q. M C. 16. D. D. . And if he run away for that debt, he can make no Advantage of being forced by Bailliffs; because the cause of the Force was Originally from himself, and he might and ought to have prevented it.    

THESIS III. But his HIGHNESS having Over-given and Resigned, any Title of Conquest, to the Subjects( after the Conquered King's Deserting them to the Conqueror, and thereby Consummating his right) the Regal Government was ( pro tempore) Dissolved; and they were as free, from K: J: as if a Democracy had been Surrogate in its place.  

PROBATION.  
1. THE Regal Right being thus stated in the P: he, with a greatness of mind, rare in the Worlds History of our days; did resign the same to the Subjects considered in the Capacity in which they are represented in Parliament. Whence the P.( who alone had the whole Power& Empire, which before Conquest was K.J.) being denuded, Monarchy( as to K J:) necessarily ceased and was dissolved: and our State became a mixed Democracy, after the manner( only with Super-addition of the remanent Power which formerly was in the King) of the Ancient Representative. So Lycurgus did spoil himself, and the next heirs of the Heraclid race, of Supreme Power; to confer the same on his, even, Reluctant Citizens: changing not only the State but Laws, of that thrice happy City. Even as those who warred befored Ninus did not seek Empire but Glory 
Justin. Lib. 1. . And as the P. glorious Ancestors, and he, have done in, and to the so great advantage, of the Provinces. Antigonus is celebrated by Polybius, that when he had Sparta in his power, he left to them their State and Liberty: and the old virtuous Romans did vindicate Asia, Greece, and most other Cities from their cruel Tyrants, and then left them to their Liberty: as Agapetus( Pope) did to the Children of Valtierus Juetatus, because their King Clotharius dispatched their Father before the Altar. Who is able or willing in this decrepit Age, to parallel the piety of the Noble Romans, but our Prince● For, as they permitted the Cappadocians to use what form of Government they pleased, so he transferred all his Right to us; to the end we might confer it again on King James, or any other, as we found the same most necessary for our safety and happiness: As Abraham took back the spoil, but restored what was become his by the right of War, to the first Owners.  
2. This entire Conversion, and thereon Vacancy of the Government, was declared by the States,( according to their own inherent, and the Princes coincident power,) each Member giving his vote on the grounds which convinced his own conscience: And all Men, of what Opinion soever, may see how clear Reason there was for that Declaration, the P: having over-given all his Right most evidently. For, a Man declares his mind three ways, principally; viz. by Word, writ, and Deeds. But, First, the P: both by Word, writ, and Deeds, gave and enjoined us absolute Liberty of Settleing and Disposing of the Government; And accordingly, in the second place, accepted the Government( in the interim) only curatorio nomine in the Peoples name, without any Majesty. This charge, for, calling the States, keeping us in order, and the protecting all 
According to his Declarations,& Delations of the Governments Civil and Military , engaged him to wait here till the States final Determination; which being the Election of himself King: He, 3 ly, accepted that, as having then no Right of his own( by conquest) in which Quality he had accepted the former. The first of these was an explicit renunciation of all his Right; and the two last( tho the first sufficed, yet in confirmation thereof) contained necessarily an implyed one, which is equivalent to express. For, taciti& expressi eadem vis est, so he who redeems a Captive, with his own Money, tacitly renounces all Right in the Redeemed, by subsequent embracing her in Marriage 
L: 13: c: de prostlim. ; and the Fiduciary restores the fidei commiss,( not only verbis, but also) re, cum res à fidei commissario possideri, permittit 
L: recusar: aq: haer. : So, says another Law 
L: 37: ff: ad sest Treb: , recusari haereditas non tantum verbis, said etiam re, potest, aut quovis indicio voluntatis: And he who( being Proprietar of a thing) witting contracteth with an other, who possesseth it, as Lord thereof, is judged to have remitted his property‡: 
L: quidam de re jud:  Even as returning the Bond, contains a Remission of the Debt due to the Returner 
L. labeo. de pact. : And a superior conceding or commanding a Subject to do that which he cannot do lawfully, unless loosed from the Law, is understood to have dispensed with the Law to that effect 
DD: ad l: Bab a rius de off: praefi: .  
3. Whence now appears, wherefore the P: did not, then, take the name of King by conquest; and so short while retained the Right; viz. because moved thereto by Reason and Example. By Reason, for,( knowing that a Proprietare may have Dominion tho he call not himself Lord) he intended to acquire no more then was absolutely necessary to satisfy( in omnem eventum) the Consciences of all Subjects; i.e. the Power: the which also, resolving immediately to resign( since it was for us only, not himself, he came hither) he would not be called a King of some few dayes. By example, for, how many Hero's have Conquered, not only Kings, but Kingdoms; without ever assuming their Title? Wherefore, since we see the Advantage Translati Imperii; and that the P. proceedings, were such, as in their own nature, and in the meaning and use of all Ages, imported animum acquirendi Imperii: And since his promises to us all( to procure, omni habili modo, us Liberty of being once more happy) and his Charity to many( whose Scruples, and Insurrections thereon, he knew could not be otherways stopped; because they would judge their using that Liberty Criminal) did oblige him to the same: we must conclude that, after K. J. desertion of all other means, he intended this Acquisition as the only remaining mean,( since any contrary Propositum, in animo, retentum nihil operatur) to make all happy, and that intuitu, and to the end, of this Translation:( Since this exeems all from the possibility of incurring any Delict.) In dubio( it self) ea capienda est Interpretatio, ut quis praesumatur deliquisse 
L: 51: ff: pro socio. : Semper in dubio, benigniora preferenda 
L: 56: de R: J: : & quoties idem sermo, duas sententias exprimit, ea potissimum acciptatur, quae rei gerendae aptior est, ut valeat potius quam pereat societas,& quae est secundum ejus naturam 
L: 67: d● R: I: 16. DD. : But the P's: having Right( thô not nomine yet re, and not as to the outward form, yet as to the substantial matter) and its union with the States own power, excludes all delict from the Acquiesence in their Determinations; and so is the most benign interpretation, being according the Nature;( i.e.) the maintenance of Society, as the contrary gloss tends to its ruin; and consequently, thô the matter were doubtful, as it is clear, all, who cannot be satisfied otherways, should follow this interpretation, else they are enemies to the GOD of Order and Peace, as being enemies to, and disturbers of, human Lawful Society.  
Hence also is clear, that it was not free for any Mutineer to dissent from the subjection he( even) then owed by virtue of this Acquisition and Translation of the Regal Right; for he was obliged to Obedience and compliance on two accounts; First, as to the P: become his sovereign; since the debt of Allegiance remained unextinguished, the creditor therein, and object thereof, being only changed. Secondly, as to Fellow-subjects,( i.e. the State) since the Obligation to them as parts of the same body( which was Anterior to( and so separable from, and is as binding as) that to the head; whose Society with the Members was only dissolved; but not that of the Members between themselves 
Quod non express mutatum est cu● stare prohibebitur. ) Remaining without any change, even in the Creditors and Object, obstricted him, to the public good of the mayor part, that being the indispensible bond of all those who have once consented to a perpetual Society. For which cause also; the States Determinations did oblige such a Dissenter tho he was unwilling to accept the P's. gracious benefit of Liberty: since,( all his Brethren Subjects being peculiarly interested therein) cum alterius interest, publice aut privatim, invito de●u● beneficium 
DD. ad L. invito R. J. : And since he was freed Antecedently by the P. and K. J's. own facts, from his debt of Allegiance to K. J. for debtor liberatur, cum quis, eo invito, solvit ejus Creditori 
Tit. Instit. Q. M. O. Tol. ; Et desinit debtor esse qui nactus est exceptionem justam, nec ab aequitate naturali abhorre●tem 
L. 68. de R. 1. . Finally, tho this Acquisition and Translation was not particularly known to some, even good Patriots; yet( that being Internal and so Latent to us, and the States having willed generally, all means necessary or conducing to their end;) the external effects are not impeded thereby: since, Quod animo retentum est nihil operatur;& licet in causis dissenserint, tamen in hoc convenerunt ut jus transiret omni habili modo 
See the DD. who writ at large, ad Tit. de Aq. rerum dom: .  
4. That which sums up all reasonings, and removes all( even) difficulty from the premises, i● K. J. Desertion. For K. J. resolved not to keep hi● Crowns in the quality, and on the conditions offere●( else he had acquiesced in them) but intended to hav● a new Right without any of those Legal clogs;( els● he had continued to exerce his old right in that quality; a thing then, so necessary and implored:) An● so despairing to retain his Kingdoms( as he woul● have them) left the Subjects in confusion, and th● Prince to order them. This was a real and absolut● present Desertion; and consequently gave all righ● desirable both to Prince and Subjects. It is th● dictate of Nature that we collect the Will from Sign● proper and fit to declare it by Moral( not Mathematical) certainty: For the Nature and Non-perturbance of human Society require that those signs have some efficacy; since it is not possible to know the mind otherways. And so K. J's. going off is a sign morally demonstrative of a present desertion by the feet, in immoveables; as Abjection by the hands, is of Dereliction in movables. For since he willed, not to keep his possessions,( which he had Power to do by once saying, Le Roy le veut, to our demands,) he willed to leave them as( being so hemmed) things of no value: And this leaving them is Dereliction and Desertion; relinquo and desero signifying only to leave. Government is so necessary for the preservation of Subjects, that he who intends to have Subjects must at the same time intend to Govern them. No man can serve two Masters; and so In consistency( the will of reigning, and the will of leaving us to the P's. Regiment,[ for he knew what the Subjects would do after his removal,] being inconsistent) he hath Abdicated. At least he hath really given over his Possession at present; but on condition( Resolutive) in effect, of recovery or being restored in the future; which suffices to the Conqueror: Since, Si quis eâ mente possessionem tradit ut postea ei rei Restituatur, desinit possidere†. 
L. ●17, Sect. 1. ff: Aq: Poss.  And the Conqueror is not obliged to admit that condition, he having once jus quaesitum, and the state of War( to whose causes much is superadded by K. J.) still continuing. The truth is: any purpose of an After-game( being only Vagrant, and uncertain futurity, contrarium facto of present Retention, and mostly animo retentum) nihil potest operari, as the Lawyers speak, to intervert what he hath explicitly and actually done, and our present just right of Possession thereon: Since, Nemo potest mutare consilium suum in alterius injuriam 
L. 65. de R. 1. ; & paenitendo non, nocens esse desint.  
He who suffers his Child or Slave to be exposed to anothers compassion which he hath not himself( says L. 2. C. de infant. expos.) is judged to have deserted his Paternal or Dominical Power, which he hath shown himself unworthy of: And are not Subjects a Kings Children, and were they not( when permitted and exposed to the P's. Compassion) K. J's. Slaves. It is called Desertion, in a Commander, when once leaving his station and Souldiers; he, in the day of battle, flieth from his Colours: and in a Master of a Man of War, who in the sury of the Fight, gives over the Helm and permits( as to him) the Ship to Split: and in the governor of a tenible Castle, who, when( in a Siege) there is most need of his Presence, slips from his Office out at a Postern: all which will hold more firmly, when the Enemy demanded nothing but what those Officers were obliged to by the Law of Arms, their King had commanded to grant, and their Souldiers supplicated to conced. Even so K. J.( the Commander, Master, and governor of these Kingdoms, which are like an Army, Ship, or Castle†.) leaving that Post in which GOD had set him; 
Sen. Epist. 102.  when the P. required nothing but what was the Law of Nations, according to the Word of the KING of Kings, and the Subjects humble Remonstrances; must be acknowledged to have Deserted. If Subjects once leave their King in his greatest straits when he exacts nothing of them but what their own Laws do bind them to; this is Defection: and so a King's once leaving( a Prince and) his Subjects,( in their greatest needs,) craving merely what his own Laws( and consequently that of Nations) do determine, is Desertion: since Correlativorum eadem est ratio& Disciplina.  
A Kingdom is a Body( Political) and the King( Analogically) its Spirit,( Spiritus vitalis quem tot milia trahunt 
Sen. de Clem. L. 1 C. 4. ) Form, or Species 
L: proponebatur de jud. . Government is the full and perfect Consociation of the Members and parts cohering by the commontye of this Spirit and Form( as to the Head itself.) When this Spirit ●●d Form do not appear, it is all the same with Non-●●istence: Quod non apparet pro eo est quasinon sit 
Grotius 2.8.7. , ●●n esse& non apparere tantundem valent, quoad eum cvi ●●napparet 
Grotius. 2.10 9.  qui in urbe Roma est ita ut lateat, nondum ●●●ptus paulo videtur; opus enim est ut cognoscatur‡ ●nd in Law, sub factis comprehenduntur non facta. 
L. Ult: ff: de capt.  So ●at as when sickness vehemently increasing; the ●oul separates from the Body; Man rests dead( as 〈◇〉 that form) unless of new inspired; and a toured ●pring, the Form or Impediment removed, returns 〈◇〉 at least) to a more lax posture: the Government 〈◇〉 abandoned by its life,( K. J.) was revived, and con●●rained Liberty restend at its scope, in his Highness ●●osome. There is an egregious example among the Jews, where, if the poor did partly Collect, partly Neglect the Corn lest to them by the Lord of the Ground, that which they neglected might be taken up by any as Derelinquished 
Seld. lib: 6: c: 6: p: 699: . Which we ●hall apply to our case, in the famous Conringius words 
Conring: de fin. c. 19. N. 5. we heard befor●, that in War, involuntarium pro voluntario habetur.  Derelinquit ille Imperium in civitatem qui sciens volensque* Patitur eam perire, aut in summum discrimen adduci; nec in salutem ejus quicquam movet dignum memoratu: nec enim ita se gerit circa rem quam pro sua vindicat, vir bonus& prudens, said erga rem alienam. Grotius asserts, Amissum censetur cujus recuperandi spes projicitur: But K. J. having firmly concluded not to grant our demands, could have no ●opess of recovering his Estate at present( else he had not left it but granted and recovered) and so, pro tempore, he hath lost it,( at least) by Desertion. A Kings right in such cases is more easily amitted, then a private mans which he hath only for himself, and in which public Peace is not concerned: But even a private man, Rem suam possideri resciscens,& vel non est admissus, vel majorem vim veretur, possidendi any mum omississe censetur etiam invitus 
L. 3 S. 6. l. 6.7. acq. post. Bruner: diss: de poss: th. 11. ;( For whileas it is said, Animo retinetur possessio; that is understood, not of a naked and vain Imagination and Cupidity, but of that rational mind and will which may at pleasure exert itself, Corporis ministerio, in Imperat●… Acts 
Struv: Ex: 42: ch: 34. ) And so all this must much more hold in K●… James's Desertion.  
We may rationally presume from K. J's. Noblene●… and Charity, that he Dispensed, like Solomons true Mother, who, for the sake of her Child, would rather resign him up wholly to the Enemy, then reserve to he●self, a share made dead and useless by the Sword; with his present frail Right,( in hopes of one mo●… fitting his counsellors humour) whereby( at least) his own friends( whom he knew it was Morally impossible to have Protection or keep Life or goods o●… any other terms) might not be involved in Permanent Rebellion in complying, or ruin in gainstan●ing: since, if by his ill Administration, he had give● occasion of sin or such damage, he were obnoxious to Divine displeasure. These Conjectures which also favour Piety, present Peace, and human Society( whose Interest it is to have Empire fixed and incontrovertible) are to be extended to the outmost. Hence custom( which is Law, 
Grot. 2.4.8.  only by tacite consent) is introduced by Subjects, only because th● King does permit and Tolerate; but is not K. J. a●parent leaving, and giving up all to the Conqueror●… determination, expressly to permit and Tolerat● A Liferent is not only amitted by Non-usage, bu● also by inundation Intercepting Possession thereo● and by Civil Death: 
DD. ad Instit. q. m. u. a.  but most Lawyers call the Reg●… Right a Liferent, and here was Non-usage culpa us●… fructuarii, and the Possession intercepted, and K. J. Civilly dead as to the Kingdom( after Desertion:) And so why was not his Liferent amitted; since the space o● time is only of Civil Institution, and pertains to pr●vate, not public business, the reason and state o● these being most different. Finally even as the Su● being absent, and the Earth Ecclipsing its beams t● be reflected from the Moon, we remain in Darkness and the passages, of the Spirits directed from glandula ●●i, stopped or marred, the Members have no, or on●● convulsive, motion; and the Primum mobile cease●●g to act, the inferior Orbs must sist also; and the ●●un●ain dammed, the rivulets run dry for want of ●●ntinued influence: So had we as to K. J. by his ●esertion; if the P.( come in his place and right) ●●d not given light, Spirits, Motion, and Influence 〈◇〉 our Government: i.e. the same Body remained, 〈◇〉 Head only changed.  
Many would make much curious dissertation here, ●●w K. J. deserted all his Legal Regal right; even ●●●ore the Childs birth. For( would they add) K. J. ●●d Derelinquished, said aside, and neglected de●●nedly and voluntarly, the Administration of the ●●vernment by Law( which was his only true, com●ent and Legal Right) in all the parts thereof, Ci●●, Ecclesiastical, and Military; with intention no ●●re to use it: But this is a full definition of Deserti●●, Go: &c. Legal and Illegal are inconsistent and compatible in the same Subject of Government: 〈◇〉 so the sole use of Illegal Exercise totally exclud●● the Legal as Deserted. King and Tyrant( qui tyre 〈◇〉) are repugnant: and so he is no more a King who ●●theast off the Fetters of the Law, then he is a Pr s●n●● who hath got at Absolute liberty by breaking, and 〈◇〉 deserting his Prison: and he remains a M●n, but 〈◇〉 a King, who leaves his line of Subordina●ion to ●OD; as he remains a Man, but not a Subj ct( as 〈◇〉 the privileges) who swerves from, and leaps 〈◇〉 of his line of Subordination to the King. He can●●● be called a Father of his Subjects, who treats 〈◇〉, not as Children, bu● as Slaves: Or a Pastor 〈◇〉 does not feed, but only fleece the Flock. Some 〈◇〉 materially just, but not formally so, do no● im●●de this entire Desertion, and so the Actor's be ng 〈◇〉 King: since they are ex●rced, Ex usurpata p●●●st r● 〈◇〉 Legitimá hactenus Derclictâ) and the real re●●●● Nature, and so Denomination of things, are taken from the mayor and Prevalent part: Even as he wh● hath a servitude, amits the same either by an tota● non-use thereof; or using it, but not jure Servi●● tis, 
L. fin. l. 18. l. 10 S. 1. quem ad: serve. amitt.  or not after the due and( by Law or Paction) prescribed manner 
L. 18: pr●l. ult eod. l. 1. S. 6. de i●in actaque prio.  or after a manner contrary to i● Constitution: As Adam( Lord of the Creatures) b● his Ambition yet mounted a step higher; and so( b● one act) deserted that whole happy Post in which 〈◇〉 stood and consisted formerly: and a Man is a Robbe●( having thrown off honesty,) thô he affect some Justice in dividing the Prey or otherways; even as 〈◇〉 satire is no Man, tho resembling him in face, g●sture, and speech.  
Hence( would they proceed) the King becomin● such a Man; the being merely Passive, in not co●curing with him( against a foreign Prince come 〈◇〉 rescue us by a War which was Lawful, and consequently unlawful to resist) was no resisting the Ki●● nor consequently the Powers. For K. J. indeed U●urped( in place of thee, already Deserted, Leg●● and Limited) an Illegal and Despotical Powe● which being null, unwarrantable, and he having 〈◇〉 right to make use of( for mandatarius nullam habet p●●testatem extra fines[ quoad Materiam aut Formam] m●● dato propositos; and a King is at most but GOD's M●●datare.) He had no Power, and consequently no● was obliged to obey it,( at least) actively; since 〈◇〉 whole Legal frame did then lie unhinged; and ad●licitum nemo obligatur; and non Imperata jure nee jus● exequi. No Mortals precept( especially when nul● can excuse Suicide, if killed, or murder, if I kill, i● wicked cause( such is the opposing a just war, sin● Bellum nequit esse utrinque justum;) and so we did rig●in obeying rather GOD then Man; since both bo●● and free must make count for their own Actions So Josephus tells us, 
Eph. 6.8.  That the brave Jewish Souldi● in Alexander the Great's Army, could neither by stri●● nor reproaches be forced to carry( only) Materials for repairing Belus's Temple in Babylon. Much less could any Law or Oath oblige Subjects here, to assist any Officer or Minister, in that crime against the P. seeing it is permitted by the Law of all Nations( and consequently the Antecedent consent of all sovereigns) even to actively resist them, exacting any thing unjust or illegal. For this is not resisting the King( in so far not represented by them, their Commissions being in so far null; since rei illicitae nullum est Mandatum) but holding their hands, and Parrieing the Rod. This was enacted by Kings as a Caution, that any thing Surreptitious, or formerly made Law by the King himself( with advice of his great Council that it was for the public good of the State) were not obtruded for his real pleasure, or subverted by his less Solemn will( by the Delusion of any Particular lesser Council; to the public ruin of the State.) Hence is the check of Seals, And chancellors; and Rescript of Antiochus 3. Ne Magistratus sibi parerent si quid Legibus adversum jussisset; and Constantine, Ettamsi Imperatoris rescriptum proferatur 
Vid. L. 1. C. de peit bon. subl.& ibi Cit: a brunem.  and the samous Law( Devotum, C. de Metat) with the enlargments of the Doctors thereon. Hence it appears, that the mayor part of Subjects( especially Scotland) being merely Passive till K. J. final Desertion, were altogether blameless:( since all their Active concurrence sisted within their breasts without any fait ouvert.) Even in the Principles of the rigid●st Mutineer.  
On this ground( of K. J. ceasing to be Lawful King by his own Spontaneous and deliberate Desertion) would they justify their inviting, and thereafter actively Assisting the P.( in both their Defence) against him. But I shall relate the more moderate judgement of a Gentleman( and perhaps the remainder[ Minor part of the Kingdom] were of the like opinion) both as to the Invitation and active Assistance, I,( said he, being a zealous Royalist) seeing that without the safe-guard of a Non-subject-Prince, our Laws securing Religion, Lives, Liberties, and Properties, were but trifles( being without Sanction, since it is not permitted to Subjects to defend them, by themselves, say some Men) and seing the ruin of myself and Brethren in the overthrow of these Laws: concluded it lawful to invite the P: to use his Right of Defending them and us; and( ceasing to be K: J's: Subject and become the P's) to assist him,( come to England) as my present sovereign. As to the First, Though it be Criminal in a Servant( because of his personal tie, and want of power) to punish his Master, delinquent against himself and the State; yet it is lawful, to him, to invoke another( no ways unde● that tie, and having power) to use his right therein: and consequently to Subjects 
Nota. T●●s is the strain of ●●e P●●●●● lists w●i●●●gs vid: Survey of Napht: . CHRIST, as Man, submitted himself( in our Nature) to fulfi● all righteousness; And consequently as a Subject, to all the Duties which Subjects owe to Kings: since he came in the form of a Servant and Subject; and was made under the Law. Hence what might have been lawful to him( in His estate of humi●i●tion) towards Magistrates, must be( now) lawful to us. But, though CHRIST would not resist Authority,& condemned the resisting it in Peter;( for that injury was private,) Yet 
Matth: 28: 52:  He could have prayed to the Father,( who might do it) for legions, to His assistance in that extremity of danger;( for all Judea was then tyrannized over, also;) And the only reason given( he●) for omitting it, is,( not unlawfulness, but) because He was willing to be taken, knowing that it m●st be so: This clearly implies the possibility, of such a Call,( in Him) and consequently the lawfulnes● of such a Call( in us) of force against the oppressing Magistrate: And our King's by assisting o●h●rs on ●heir supplication, have approved and conse●●ed i● should be so. As to the second, I was indeed once under K: J: but( for the foresaid Reasons) I renounced and deserted my Domicil, and estate, animo nunquam redeundi( on the resolutive condition of Non-Redress) and submitted to, and owned, the P: as my( now) Soverraign: which Surrender he accepted( which was merely giving Sanctuary[ causâ cognitâ] to a innocent flying thereto) by his Declarations 
Vid: Decl: where he requires &c. . And so my Allegiance was transferred from King James, to his Highness;( Protection and Allegiance being naturally reciprocal;) and then I entered in a Religious Covenant under his conduct. Lawyers 
Grotius Gail: Brunem: Struv: Wissenb: ad Tit, st: ad munic:  are express that, by the Law of Nature, Nations, and Recent customs, I had right of Liberty of Transition from, and then submission to, any sovereign I pleased; And consequently to the P:( no Prohibition of this particular case preceding, nor he pre-declared enemy;) especially on grounds, so important to me, and profi●able to K: Ja: I having left to him my whole Estate( the taking of which, I believed, ●ould be called Forefeilture) as the price( to conduce an other soldier in my stead) of my necessary ●bsence. Nothing is unjust which hath not a neces●ary Repugnancy with the Rational and Social nature 
Grot: 1: 2: 1: 3: : But this was not repugnant to the Rational Nature; summa enim ratio est quae pro Religione,& ●●bertate facit: Nor to the Social; for I took this ●ourse for the good of both my New and Old Socie●●. Even so many Israelites( without consent of their ●en Kings) submitted themselves to, 
2 Chro. 29: 10: and 30: 25:  were incor●orate under, and entered in covenant with Asah ●●d Hezekiah as become their King for carrying on a ●eformation, according to the Law†: They fell to ●mout of Israel, when they saw the LORD his GOD ●●s with him 
2 Chr: 15: 9: 15. , Junius renders it defecerunt ad eum; ●●hers, Transfugerunt ad eum, dejecerunt se ei; im●●rting both their Defection from Baasha and Sub●●ssion to Asah, as his Subjects; Whence, V: 15: ●●y are comprehended under the name of Judah.  
If it be pretended that, this Doctrine opens a door 〈◇〉 perpetual Revolts of Subjects, Resp: 1: ab incommodo nullum est argumentum: since incommodum and illicitum are quiter different; and the abuse of a lawful thing by an other, does not take away from me the lawful use of it, else they might part us shortly with the BIBLE itself: Wherefore maneat usus, tollatur abusus, since Pirates also sail, and Robbert use weapons. 2: There is no such frequent incommodum in this: for,( besides, that this is commodious to the multitude of Subjects, yea, to the King himself[ detained, for fear thereof, from sinning] and so to human Society;) there will be but too seldom the concurrence, of a foreign Prince, universal unanimity of the Subjects, and sufficient causes in their King; all which are indispensible requisites. Hence, a foreign Prince, and Subjects here, are either conscientious, or not: if they be conscientious, there is no fear of their attempting without just causes; if they be not conscientious, they will attemp● without any, or on other pretences( though we tak● from them this:) And consequently there is no Advantage in not admitting this Doctrine; but grea● Disadvantage to the Happiness and security of Mankind. In a word, it is certain that Subjects wi●● never ruin their own Quiet( if not possessed) causelessly: and so the King will remain secure( if he b● not raving.) And so we see from this Deductio● that, at least, the mayor part( by which all Societ●●● are estimate) of the Subjects being innocent; the●● acceding to the Prince;( even before K: James's la●● Desertion, and so the perfection of the princes righ● did not impede or vitiate his Right,( subsequent a●ter that Desertion) through Conquest. Wh●●● would hold also as to its real effect, though some 〈◇〉 these Subjects had laboured of some personal defe●● since accessorium non potest mutare principal, utile 〈◇〉 inutile non vitiatur; propositum in animo retentum n●●● operatur: And it is lawful to use evil instruments 〈◇〉 good ends, and lawful to himself:( he forced so●● too, whom he might have treated, as enemies to be merely passive 
Transfugam jure belly recipimus l: transfugam ff: de acq: rer: Dom: :) as GOD himself does Devils and Sinners. From all which it is demonstrable, that[ this First being consummate by a Second, Desertion and final Disappearing as to any Capacity whatsoever] neither Prince nor Subjects have dethroned K: James, but he hath, by his own Facts, depoed himself: And that, it is not by Vigour of any sentence he is un-King'd; but before any Act declaring merely what was past,( the Members being in effect, so many witnesses;[ not Judges] not each to himself, but to the rest and the public; just as, on that account, Legatarius potest esse testis in testamento ubi aliquid ei relictum est;& civis potest esse testisin causa suae universitatis;) he ceased to be King, ipso jure,( as Gracchus proved in the Tribunus-plebis himself, though most inviolable 
Plut: in Gracchum An Sacrosanctus erit, cvi nihil aut sa●rum aut fanctum fuit. ) his remanent Right having ceded to the Conqueror, and from him to the Subejcts.    

THESIS IV. The now Manumitted, and so( from the late K: J:) free People, choicing to declare the( then) Prince their King, his present Possession is Founded on all the Rights that the utmost extent of Birth-right, Conquest, and Election, conjunctly or separately, can afford: and so all his Majestie's proceedings( as grounded on immovable Justice,) are most consistent with his Honour and Glory. As shall be demonstrated.  

PROBATION.  
1. THE People, having now the whole power in their own hands, might have declared it to whom they pleased. i. e. King James, or King William, and Queen Mary. It is well known that they being Legally quiter of K. J. the current of the Kingdoms ran against recalling and re-establishing him. Their general reasons were( not only the justness of so punishing him[ if it can be called any punishment] for bygones, but also) at home; the new danger of Popery and Slavery, against which K. J. would never have granted sufficient Security,( Religion and humour being perpetual bars thereto) and tho he would from within, yet he could not from without: since there was no way to do it( Papists promises[ to heretics especially] being fides punica) from foreign Combined Invasions: And Abroad; the cutting ourselves off from the Protestant Allies, and them from us; a thing grossly against Interest, Gratitude, and Charity, considering their kindness to us, and both their, and our, present and future, Common Perils. Particulars were infinite, of which we had many in the Debates and Writings. Wherefore the States seeing, the Justice, Necessity,& Utility of Electing this time to declare the P: their Monarch; did make that happy choice which he was graciously pleased to accept accordingly. This condescension of His, was an Act of the greatest Justice, and Conscience, and Necessity of Duty and Honour; and consequently, nothing derogating from, but adding to, his former Renown and Glory. For His Majesty may be considered all along this Enterprise, either as a sovereign Prince( Abstractly from any Relation;) or( Concretly) as K. J's. Nephew and Son-in-Law. I shall show that, as the first, he hath been blameless; and as the second, nothing undutiful: and Consequently, that as both, Virtue rears him up rather to Wonder then Imitation: For that( like Fabricius.) he was innocent even in war( which is so hard,) Et qui aliquid crederet& in hostem, nefas. This shall be done first in general; then in special both as to his Right by Conquest and as to his Right by Election.  
First, in General. Since this was a Just and Solemn War, and also justly Prosecuted( as hath been proven) the P.( both as a Prince and Kinsman) is necessarily blameless therein:( both as to its Consequences of Conquest and Election.) For as the Acheans said to the Senate, Quonam modo quae jure belly acta sunt in Disceptationem venient? quicquid in hostibus feci, jus belly defendit 
Liv. 26. : And as Marcellus, of Souldiers, Quae commissa capite luerent, tum quia palludati fecerunt, Laudamus 
Sen. Epist. 96. . That Mean which is necessary for obtaining a good and Lawful end, is also good and Lawful; for in Moralibus, qui dat finem, dat ea quae ad finem perducunt;& dato consequent, datur antecedents sine quo ad consequens perveniri nequit. Neither must this necessity of the Means( requisite to a Lawful end) which we have right to use, be examined according to a Physical subtlety, but Morally in a Moral Matter, such as War is. In particular, Theologues teach, that War being a means, is destinat to,( and so must preceded) the end( which is to remove those things which perturb Peace:) And so War and its effects continue still just, till by its means that end be gained and fully satisfied 
Thom. 1.2. Q. 40. Art. 1. . But the P's. end( viz. our Preservation from Popery and Tyranny, present or future) was Lawful; as hath been Demonstrated. And it was Morally impossible to obtain this end but by the means of War:( all others being rejected by K. J.) and to come at this one end by the means of War, there were only two Adequate and Plenary Manners Morally possible, viz. K. J's. own Concession, or the P's. become, in effect, King by Conquest for denial of that. But K. J. first would conced but little, and at last( having deserted) could grant nothing at all: and so the Prince was absolutely necessitate( since he knew then[ what appeared before Probably, and thereafter in the Meetings, certainly] that the Subjects would have it no other ways) to use his own right. This he did most Justly and nobly; and that in special, first as to his Right of Conquest, then of Election.  
1. As to the Right by Conquest: the Justice of inflicting that Punishment; and the necessity of duty and honour( by cause of the state in which K. J. himself had cast affairs) and so the Moral impossibility( by K. J. own fault) of hindering the Subjects proceedings( some way or other) against him; did oblige the P. to use it.  
1. As to the Justice of inflicting that Punishment( of using the Right of Conquest:) The war and punishment being most just in themselves( as is proven formerly) both being inferred only, after K. J. was obstinately Inflexible: the inflicting this punishment in right of this war, must be fully justified; because K. J. hath consented thereto both by his Acts of first Transgressing, and then Deserting. For a Delict is a kind of involuntary Contract: since he who wills to, directly transgress( against the Law of Nations V. G.) Indirectly, by Consequence, and impliedly, Wills also to merit punishment: So, Ipse te huic paenae subdidisti, say the Emperors 
L. Imperatores: Jur. Filc. L. Ult. 〈◇〉 ad L. jul. Maj. ; and he who suffers himself to be Circumcised( when he might avert it by granting some thing in his Power, much more by paying a Debt) consents to the Circumcision and is punished accordingly 
Struv: Ex. 8. th. 12. . Hence any damage sustained by the delinquent thorough the inflicting punishment, cannot be properly and truly called loss: since it's payment of an[ impliedly] consensual debt due to the Delict; and Quidamnum sua culpâ sentit, non videtur damnum sentire;& nemo damnum facit nisi qui id facit, quod facere jus non habet 
L. 151 R: J: ; Et nondum videtur vim facere qui jure suo utitur 
L. 155. R. J. ; ut& nullus videtur dolo facere qui jure suo utitur 
L. 55. R. J. . Whence there is no injury done to the Nocent when he is punished: Since, Non exiguo falluntur error qui censuram sieve humanam sieve divinam acerbitatis& mall●i●●● nomine infamant; putantes noeentem dici oportere qui Nocentes afficit paena 
Lvctant de ira Dei. C. 17. ; And, Removeantur patrocinia quae favorem reis& Auxilium facinorosis impertiendo, maturari scelera fecerunt 
L. 3. Cod. Theod. P.  Consequently it is Justice( to which Princes are obliged[ since the Law enjoins, let not thy eye pity them] in so far as able and the Law of Nations permits) to punish Delinquents: and so it is no Inhumanity: For GOD, himself most Merciful; CHRIST most Patient 
Matth; 22.7.  and Moses; the meekest on Earth; did most severely damn the disobedient. All which holds much more in our case, where( K. J. Person untouched) there is nothing taken from him, but his Deserted Estate: ●. e. the Power of farther Injuring. For the ●. as Seneed speaks, Non ira scitur said cavet: did not Acquiesce in K. J's. evil; but respect His, Ours, and Others good. which did perfect the Equity and Moderation of this punishment. K. J. own good is expressed by Seneca 
Sen. de ira. C. 6. ( more largely then we require,) Interdum ut pereant interest pereuntium, Because a Delinquent, as Plutarch hath it, is, Caeteris noxius at sibi maxim: Wherefore it was less evil to die( at least as to the Estate only) then( without Repentance which Adversity occasions) by living( thereto) to go on in sin●ing; as a Medicine, which tho ungrateful to the taste, ●s healthful, must be given to those( at least) who are otherways irrecoverable. Our good is evident; for ●hereby we are secured from suffering the like hereaf●er either from K. J. or others. All Mankind reaps Advantage from the terror of this public Example: For Princes will be just,( and so Subjects rest happy) ●east their Neighbours should come and Vindicat ●esed Humanity; there being no bar of Rebellion.  
2. Necessity of Duty and Honour( by cause of the state to which K: J: had drawn Affairs;) and so the ●oral impossibility( by K: J's own fault) of impeding, ●t least, the Subjects even dethroning him; did ●ge the Prince indispensably to use his Right by Con●uest. That is, the Prince seeing an end,( viz. Self-preservation; and consecutively thereto,[ at least a probability of their firm Resolution of] the keeping out of K: James; unalterably concluded by the Subjects: this mean( as most all-satisfying) to that end( the first part of which he would not, and the other[ when concluded by the States] he could not, stoup) was necessarily concluded by the Prince; yet so as also Legally; it being the inflicting that punishment which he had so just right to inflict. For first, As to Duty. It is known to all in what a strea●● the Subjects( as their Representatives[ as freely elected as ever any were] also  told, when advised were carried against K: Iames's return, when K: J himself had once se● them free by Desertion. And s● would the Prince himself( against Justice) in no using his own Right,( by a strange turn of th● Tables,) once more ruin us: since K: J: neither would in Humour, nor could in, his Religion, an● Respect of foreigners, sufficiently secure us there from: Or could the P:( in power) bring K: J: ba●● against Milions gainstanding; because they wer● persuaded( be the Truth as it will) he went o● to destroy them; and that they could expect no le●● at last( since Papists Religion cannot change, an● there was a new subject of Revenge) by borrowed aid; All outward appearances of safety notwithstanding. And if the P: had left us( which alon●[ if that same] was in his power) exposed to confusion, or our Enemies( both which were ine●● table by his deserting his Right, also;) he had, ●●gainst the dictates of Nature, Law, and most s●lemn promises 
Vid: his Decl: ,( to cause our full Redress a●● Security) turned our benefit received( but impe●fect as yet) to our Calamity. But the P: did ●●therwise, as indeed, all that is Sacred did oblie● him, in Duty. For, Thou shalt not deliver unto Master the( oppressed) Servant who is escaped fr●● his Master, unto the— thou shalt not oppress him 
† Deut: 23: 15, 16.  ●nd Non debet beneficium in calamitatem converti 
L. 20. ff. de captivis. : ●nd so, we being given up and entrusted to his never ●otted Faith, Fides agi visa, deditor non prodi 
Liv. VII.  Se●ondly, as to Honour. True Honour is the reward 〈◇〉 Virtue and Glorious Actions: Whence it hangeth 〈◇〉 on the Airy esteem of Vulgar ignorant opinion; ●●ing indeed of itself, Essential and Absolute, in●●rent and Natural, and so can have its Lustre( as and Diamond) from itself alone. Wherefore this ●●ving been justice and Duty cannot be but honour●●le: whatever the Ignorant( of Right and Fact) ●ink; or the( knowing of both, but) wicked, ●●ed, or interested pretend. Honour would not ●●rmit such a mean Act; as to sist re infecta, and ●●e over( to our irreparable loss) that right K. I. ●●mself had given, and thrown on, him, and that o so injurious Threats: since this had been bely●●g what he had already done, and tamely sitting down to aclowledge his former error. His Glory ●●d Courage were incapable of such Pusillanimity: For if thou faint in the day of Adversity( such was to him K. is. being Finally remediless) thy strength is small; if thou forbear to deliver them that are drawn to ●eath;& wilt thou not preserve them that are lead to be ●●ain 
Prov. 24.10.11.12. ? Neither would it excuse the P. that what knew in this, we neither did, nor could, know ●●rfectly( it being contrived of purpose, so as no ●●gal Probation could be had: to do which is al●ys easy to so great Masters and Secretaries as the suits,[ for Example the Massacres never known 〈◇〉 actually seen;] those of them who[ for Money] 〈◇〉 it to any, being sure[ for their own future ●●ety and honour of the Society] to do that, on word Honour and Oath never to discover the informers ●●d witnesses.) For the Text adds. If thou say, ●old we know not of it; He that pondereth the hearts, ●●b not He understand it? Finally, let us hear concerning the right by Conquest) the Noble Romans to the Volsci 
Halic. Lib. 7.  Cum non a nobis hoc jus sit institutum, said a Diis verius quam ab hominibus profectum, Omniumque Gentium tam Graecarum quam Barbarar●● usu probatum; nihil vobis per ignaviam concedem● Maximum enim id probrum foret quae virtute& sor●● tudine quaesua sunt, ea per formidinem aut stupore● amittere: And 
Lib, 6.  Neque enim induct possumus ut s●ul●● facilitate deleamus virtutis monuntenta, si ea illis r●● damus quibus semel perierunt.  
From all which it is perspicuous that no Commiseration or Clemency( entailed by Succession on ou● great Prince) did engage him, not to use his Righ● by Conquest. For the most Holy Altar itself, she●ed no favour to those who troubled the State of the● country deliberately: And( as Gilippus says 
Diod. Sicul Lib. 13.  These who( Dolo malo& injusta alieni cupida● Very Coveting, much more Stealth, being a breach of th● Commandments) fell into these evils; let them not accuse Fortune, let them not usurp the name of Supplicants: for those Mens lives full of unjust deeds, ha● left open no place for Pity or Refuge. Menander distinguisheth excellently Misfortune and injury.  
Injuria illud distat infortunio,  
Hoc casus, illam quod voluntas efficit:  
Whence Cicero 
Cic de invent. 2.  concludes, Misereri oportet 〈◇〉 propter fortunam, non propter malitiam in misen●● sunt. Hence, since the injuries were done no● only to the Prince, but the Subjects, and the dange● impended over both; it could be no Clemency o● Greatness of Mind in him, to remit their rights, a● Seneca 
Sen. de Clement C. 20: ( speaking of a Prince) does argue, Na●● quemadmodum non est magni a nimi qui de alieno Liber●● lis est; it a Clementem non vocabo in alieno dollar fa●t●lem. So we shall conclude with the Sentence of the Admirable Livius 
Liv. 7. , Satius judicemus pancos aliqu●● mala far quam immen sam multitudinem.  
We see likewise from the premises, that the P. ●●tended ( abinitio) to take nothing from K. J.( that as truly his) on condition of granting the things de●anded, but to leave the sceptre to him on the Con●tions( noways truly Noxious, as himself and Pre●cessors had prejudged in many Parliaments) of our ●●reservation: as Hercules to Priamus,  
Suscipe, dixit, Rector, habenas,  
Patrioque, seed, celsus Solio,  
said Sceptra fide meliore tene.  
●ut when K. J. would not keep it on these( first, long ●●ifting the most of them, then all, by Desertion) ●ustice, Conscience, necessity of duty and honour, ●ompelled the P.( ex, post facto,& causa supervenien●●) the condition failing, to use his right of Conquest. ●ven as, when I pursue my Father for a Personal ●ebt of the duty or fact to which he is obliged, I in●end not to evict his real estate; yet, he delaying, I'm ●onstrained to affect it by Adjudication: So in the ●ummonds of Denounciation, Conquest is not the Will ●ut implyed Certification. And as, when I wound a ●●an in Self-defence, I intend not Primarly, and ●rom the beginning, his hurt( which would be Sin) ●ut my own Preservation: and in the Act itself,( become necessare) I wish it were Morally possible, I might do any other thing to deter or debilitate him: ●ut while as himself will not permit it, I remain ●lamless.  
2. As to the P's. right by Election; What is said of Conquest holds much more in his Accepting the Right by Election: since as K. J's. deeds and the Subjects ir●epressible Resolutions have conferred and forced on ●he P. the first Right; so the Subjects by themselves( tho in a different manner) the second. The States might have run to Extremities( as the Suisses and Gris●ns after getting out under the German Empire, or the Provinces, Spain) or, he refusing, declared an other( 〈◇〉 which they would have been torn with great Divisi●● err done; and when done, less happy; which his ●●clared promises tied the P. to prevent:) and t●● would no more( being at Liberty) by recalling K. 〈◇〉 be shot( like the Eagle) with their own Pens: an● the P. was engaged, to accept the offered Declar●● on of his own and K. J's. Childrens Rights, by 〈◇〉 love he bore to them, and the Zeal and Obliga●●● himself had to embrace all Lawful means of ser●●● the Protestant Religion here, or elsewhere. The 〈◇〉 signs of K. J. against both him and all Britain, appe●ed from injurious threatenings and great Preparations: Wherefore to have left us destitute of his C●●duct ( armis& consilio) and Alliances( wh●● strength we had already, so Beneficially know● had been to expose us to the very same ruin which came to Avert. But Justice, Duty, Necessity Conscience and Honour, did oblige him; that( 〈◇〉 came at first, for us and our Religion) so to stay last, for us and our Religion; and( not only to beg●● but) continue in well-doing: especially consideri●● the very same causes( yea Augmented) continu●●( both as to K. J. and us) should produce the sa● effects. And Potestates summae vim non presentem●● tum, said quae de long imminere videatur praevenire 〈◇〉 junt, ulciscendo delictum, caeptum jam, said non C●summatum 
Grot, 2.1.16.   
As to the princes Relation,( in being Kins●●● and Son in Law to K: J:) it renders, what he hath d●●( as a Prince) both as to his Right to Conquest a● Election, no ways undutiful. For, no nature Bond obligeth me to gift over the Right I ha●● from the Law of Nature or Nations; at least wh●● Justice, necessity of Duty, Conscience, and Hono●● oblige me to use it myself; No Relation bei●● iniquitatis vinculum; And Qui jure suo utitur, nulli 〈◇〉 cit injuriam: and so that Relation could not hind●● ●●e P.( seeing the necessities from the Peoples irre ●●●table bent against K. J's. return) from doing these ●●ties to his Religion, Glory, and country. By ●●e Law of Ordinate Charity we must do more ●●e good of the Innocent then Nocent; and common ●●en private: whence such an effectual love to our ●●ood Friends, should only be exerted, except a ●●eater, and more just, to many others( which is the ●●rigine of all Pious censure and war) hinder it: be●●use inordinate Mercy to them were Cruelty to all ●●hers; and punishing those, is, to these, Mercy. ●●ence Augustin, Sicusest aliquando Misericordia puni●●, ita& Crudelitas parcens, And Chrysostom 
Chrysost. ad. 1 Cor. 3.12.  Non ●●sevitiâ, said ex bonitate talia faciunt homines. For ●ere are three, Successive Orders and Degrees of ●atural ties, viz. First to GOD, then our Country, ●●d lastly to each single Man. And the inferior de●●ee,( to each single man) must by the order and ●aw of Nature, being balanced with, cede to, its too superiors.( To GOD and country.) Hence and must leave Father and Mother and follow CHRIST; ●nd Cicero concludes, Patriam debere Parentibus esse ●●iorem, and out of Demosthenes,  
Carum occidisti dum vis Succurrere, nullum  
Crimen habes: manus est tibi purior ac fiut ante.  
So a Tutor, thô being the King's Advocat, is obliged in Law and Honour to defend his Pupil against all Mortals; and so the King himself and nearest Relations: as in all private judgments( to which War is Assimilate) GOD hath prescribed, Neither shalt thou ●●●utenance a Poor man in his cause,— Nor honour the ●erson of the mighty 
Exoa. 23.2.  That is,( as Philo expresses) ●●portet res abstrahere a Litigatorum respectu: Whence ●he doing the same( necessarily at least) in war, is ●owayes undutiful; especially since such a desperate Disease was irrepressible, unless by the sharpest Medicines Finally, Paul only requires Children themselves to obey Parents in the Lord; And Quintilian 
Qutil. Decls. 271.  S● Imperesfilio ut sententiam dicat contra quam existimet, lice dicere, haec sunt quae sieri non oporiet: and so K. J's Commands could not break off the P. from what h●● was persuaded in his own mind. Approved examples go further then we require in our Circumstances For Thebe is praised for killing her Husband; and T●moleon his Brother; and Cassius and Fulvius their Som● for tyranny or endeavours to reduce it: Even a● presbyters( tho Brethren) depose incorrigible Brothers. The Eleven Tribes did near Extirpate the Be●jamites,( which breach, yet, the LORD made) after requiring, and their not hearkening, but making head against their Brethren: and that for one Crim● of not delivering up the guilty of one Malefice 
Jud. 20.18.21.10.15.  And smote Jab●sh Gilead for not assisting. And Asa● did that which was right in the sight of the Lord: and b●● heart was perfect: and Maacha his Mother, even her● he removed from being Queen: because she had made 〈◇〉 Idol in a Grove 
1 Kings 15. ●1, 13, 14. 1 Kin. 2. . Solomon accepted his Brother Ad●●ijah's Crown; and smote himself that he died 
2 Chron. 26. 2 Kin. 15.  And Jotham, his Father Uzziah's; so soon as he was cut off from the Congregation, for, his Usurping th● Church's Right, and thereon, leprosy†. So Sele●cus King of Asia keeped the most famous Demetri●●( his Father in Law) in Perpetual Prison: and H●g● Capet( which I mention, only to stop the Frenc● King's mouth) his near Kinsman. Christiern King t●● Denmark thought it not against his Honour( his Brother being expelled) to accept his Crown; and Imprison himself( returning) in Calemburgh Castle Eadem Pietate( says Bodinus) John King of Swede● was forced to keep in Custody his Brother Henry, repudiate by the People, lest he should have vexe● himself and the public. The great Henry III. 〈◇〉 England was crwoned in his Fathers life-time. And I●●( 1.& 6.) retained his Mothers sceptre, as the Pious Q● Elizabeth( a near Cousin) retained her Person long Captive. All these I hope, either in respect of their high Qualities, deep Knowledge, signal Piety, and be●ing informed by the greatest Casuists and lawyers, had sufficient sense of true honour, right, and Conscience.  
Finally, To a just war( so called as justa nuptiae, justum testamentum) and to infer its peculiar effects and consequences whatsoever;( without any respect to its cause or prosecution] there are only two things required in the Law of Nations, viz. sovereign Power on both sides, and Denunciation 
Gro●. 1.3. Q. 〈◇〉. 118. de V. S.  and possession on both these: and consequently after obtaining Possession, all lawful Obedience is due to the Powers in such Possession. This Law was introduced by Nations for public Utility and eviting grievous incommodity: So that it being a common Paction of all Mankind( as Civil Law is communis reipublicae sponsio) on so just grounds; the possession throw Conquest and by occasion of such a War, hath right transmitted by consent, not only of the Conquered ( posito ●o casu) but of all other Mortals. And so the effect of this is, to be acknowledged by foreigners, and obeied by Subjects; and that he should be maintained in that Possession by both, according to that consent. Caeterum jure Gentium, non tantum is qui ex justa causa bellum gerit, said& quivis, in bello solenni,& sine fine modoque, dominus sit eorum quae hosti eripit: ut a Gentibus omnibus& ipse& qui ab en Titulum habent, in possessione rerum talium tuendi sint 
Grot. ● 6.2.& 3.4.4  War among Princes is like Actions betwixt private men before a Supreme Judge; Victory and effect following thereon, to a Sentence and Execution: so that as, Res judicata proveritate habetur,& praetor jus dicit etiam cum iniq●é decernit, Because in Tali jud cio quasi contrahitur; Conquest gives External right to the Conqueror, without respect to the internal justice. The Reasons that induced all Nations to this consent were evident.  
I. Since many things both of Fact and Right escap●● the most accurate observation; and its impossible t● observe exactly the precise measure of Defence, Recovery of what is due to us, or ours; or the Equiva●lent merit of inflicted Punishment; necessity urget●● to leave the justice of the cause in War, and the moderation used in its effect( and all following thereon) to the Religion of its Authors; since there is no common Judge, each party pretending he alone hath 〈◇〉 just cause; and other States will not Pronounc● therein, least they should be implicate in the controversy. It would be an endless task, and requited an Infallible History of the World( which is not to be made by Man) to prove clearly the just Titles from which any King whatsoever derives his Right: and therefore Possession of the Power and Force have been fixed as sufficient Charters thereof; there being no less necessity of securing this Dominion( for eviting confusion) then of introducing Dominion at first( for that cause) by such an Universal tacit Renunciation and consent of those interested in common. Necessity of itself, Legittimats exceptions( not expressed) from general duties certainly incumbent by the Law of GOD in Expressum; as the instances of the Sabbath, showbread, plucking cars of( other mens) Corn, and Alliances betwixt Husband and Wife, do make manifest. But absolute Necessity engages( especially) private men, who are not able to judge a controverted Right, and ought not to prefer( in these Points of Law) their own ill informed opinion, to the judgement of all other knowing Concitizens( since it was our consent and will, in first entering Society, that the mayor part should oblige each single man in those things for which that Society was institute[ i. e. public Determinations and common good] and not that there should be no possibility of establishing peace and calming differences: much more when there is a new consent by choicing Representatives for that effect) to follow the guide of Possession in their Obedience. And Consequently this necessity much more Legittimats this obedience( not certainly prohibited by the Law of GOD, but) certainly enjoined by it: as shall be proven hereafter.  
2. The Advantages of private possession( ut ab armis abstineatur) especially obtained by Sentence( to which Victory is Equivalent) shows us the Reasonableness of this Law. For any Possessor whatsomever, eo ipso, hath more right then he who possesseth not; and, in dubio, is judged for against the Petitor: for there is a Dominion of Possession itself besides the Presumptive Dominion of the thing possessed. None is holden to produce the title of his possession: and there is a presumption that he possesseth Lawfully. None is to be deprived( even of unjust) Possession without Cognition of the cause( or Citation to that effect) and Moderamen inculpat tutelae is allowed the possessor to defend it, even against a judge proceeding without that. Possessors have retention( at least) for necessar expenses: Et in pari causa( it self) semper melior est conditio possidentis 
See for all these Cit. a Struv. Ex. 51. th. 23.  Since all this obtains where there is little hazard of public Peace, how much more must it obtain where public Peace would be, otherways, totally ruined: which solid ground made Cyrus 
Xenoph. instit. Cyri● Plato de Legib. Cicer. Orat. ad Quir. cont. Rullum. Liv. Li●. 35.  to Relate, Lexest sempiterna inter homines, capid hostium Urbe, eorundem res atque pecumas, victory cedere; And Plato, Bona, quae victus habuit, omnia Victoris fiunt; And Augustus judge him a Good Man and Citizen who would not have the present state changed; And Cicero, That it behoved a Patron of ease and concord to defend the Settlement of the Common-wealth, which is in being for the time; And Livius, Optimum quemque presenti statu gaudere.  
3. The necessity of admitting Possession obtained by, or by occasion of War, the only {αβγδ} that Demonstrateth Right( in its several kinds) among Supreme Princes, and over the Subjects; is Demonstrable from the context of the Worlds History. For the first Origine of Kingly Power( at least after the Flood) was from, or by occasion of, Force( excepting perhaps, some Patriarchal and Consensual Rights 
Bodin. rep. P. 579. :) which begun by Nimrod, the Assyrian, Persian, graecian, and Roman Monarchies, were derived down by the same Title. So, the old Egyptian, Ethiopian, grecian, Macedonian, Corinthian, Athenian, Lacedemonian, Cretian, Latin Kings, have got their Empires by Arms, transmitted the same by Succession to their Posterity. Four Emperours held the Roman Empire in one year, the Right ceding to the Stronger successively. The Grand Seigneur hath no other Title to all his Dominions; nor most that ever were settled under, that mistress of the World! Rome; or under the conquests of the Goths, Normans, Vandals, Hunns, &c. For their Liberty; against the extant Representatives of these sovereigns. In a word( not to swell up particular Histories of Denmark, Sweden, France, &c.) remove all Right from possession following on War as to Princes; and the Doctrine of resistance as to Subjects( and one of these must have given the foresaid Rights) so that neither can afford a good title; there will not be one Lawful King, or State in all Europe:( especially in our times; when some lawyers( particularly French, conclude neither Prescription nor Subjects consent to prejudge a Soveraign●) And yet both Neighbour● and Subjects have acknowledged them all Lawful 〈◇〉 as both Christians and Pagans did, and do, in the former instances. All which irrefragably evinces that Mankind hath consented, Possession( on[ at least a Lawful Denounced War) should decide all controversy of Debatable pretensions to the Right po●sessed, both as to Prince and Subjects. Which is special Providence of GOD, who, otherways, ha● left Men more miserable then beasts; and the confused World to flamme in inextinguishable Combustions born Civil and public: Whileas now( for he is a GOD of Order) Possession, in a great measure, prevents these dreadful Convulsions. In the controversy about Olynthius, in Seneca: Vobis, Athenienses, expedit; alioquin Imperium vestrum in Antiquos finesredigetur quicquid est bello partum: And Quintilian Testifies, Jure belly Regna, Populos, fines Gentium, atque Urbium Continert. We must not therefore, condemn and upbraid all the Princes and Subjects( in every Revolution) since the Creation, in Criminally denying Obedience 
Nulla enim tam propria Rebellio est quam reiteratio belly ●●emel sediti) contra victorem. Rosenth: 10.35, 24.  to our present happy Government.  
4. domestic Precedents and Municipal Laws( to which K. J hath also consented and sworn, and so, on condition of the existence of such a case, renounced his Right) go along,( as indeed, they cannot hinder) this Law of Nations. For by the express Law 
11 H: 7. C. 1.4 Ed. 4.1.9 Ed. 4.12. Cook. just 3. fol. 7.  of England; the People investing any, their King he becomes King Regnant;& so Treason is committed against him; yea which, the King out of Possession( whom it is no Treason to kill, and whose Pardons are null) coming again to the Crown, may punish as Treason. So Ed. IV. chased out of England, and Henry, VI set up, the Leagues with the former King and Realm subsisted; the right of the Successor and Body being the same, the Head only changed 
Comines 3.6. Vid. Cambden. an. 1572. . Charles I. having sworn to the King of Spain expressly as King of Portugal, did receive Ambassadors from the then new King of Portugal, without being judged, in England or Spain, to have broken his former Oath and League. Even as Charles VIII. having Conquered Naples his Discharges on receipt of publ ck deuce, were sustained valid by the Vanquished being restored 
Afflict. decis. Neip. 114.509. . Yea the Acts of a mere Tyrant and Usurper.( i.e. who without War Denounced, or being a Subject, hath got Possession de facto, but no Right de jure Gentium, which is noways our case) subsist and oblige; least, otherways, Order and Justice taken away, all ran to ruin 
Grot. 1.4.15. . So Cicero and Florus argue for Sylla's Laws; and Cromwel's needed Rescinding, Et privatio praesuppouit habitum. This Law of Nations holds much more, when the Possession hath the absolute consent both Tacite and Express, of,( yea proceedeth from) the People; as it was in all the steps the P. made both in first coming over; then taking on the Temporary; and at last, the perpetual Government. The last was by precedent consent of the whole People; and the first two by the wholes Ratihabition: which may be cleared by this Example. The Election of the Roman Emperors, by the Citizens of Rome( which was the Mistress, and alone had the Disposal of the Roman Empire) staying at Constantinople,( Bisantini Quirites, says Lucan) was valide by the tacite consent of the Senate and People 
Gros. 1.9.11. . Then the Election of them by the Senate became valid by the Peoples Ratihabition and Acquiescence: As the Legions Elections( of themselves insufficient) were also confirmed: and at last they declared their minds by the mouth of their Bishop and Principal Citizen: and the Emperors so established were, and are, acknowledged by all foreigners and Subjects. K. J's Mutining Friends were, and are more, specially obliged to this Acquiescence and Consent; since they might have been prosecute as Rebels, Banditi, and Robbers, but were( of admirable Clemency) spared: Even as a Captive in a just war cannot in Conscience, flee from the taker; for the right acquired in him should not be frustrated; and he owes him service by whom he is continued on life, in compensation of that Donation and benefit 
Lessius Lib. 1. C. 15. . Whence also appears the natural reason of the Premises, viz. From whomsoever we get Protection, we owe to him as a return, Allegiance: and whosoever will, or can, not give us Protection, hath no title to exact our Allegiance, i.e. Nature doth oblige us to preserve ourselves,( under the Conduct of a friend) and not to perish( for the sake of an enemy, especially) in every Revolution.  
5. But that which absolutely Enforces, our consent to this Law of Nations, and Obedience to the Powers that( in presenti) are, is the Authority of the holy Scriptures, and the Example of the Primitive Christians, and so, the Obligation of that Humility, Submission, and Peaceable Behaviour which our Religion teacheth us. For; the Power as it is a Power, and as it is in itself; and so as a Real Being and for our Good; is good and ordained of GOD:( since every real Being( evil is no being, but privation) is good of itself and effectively from GOD; And it is GOD that( by what means soever obtained) putteth down one, and setteth up another) without considering the justness of its Acquisition. Now, it is known that Nebuchadnazar's power over the Nations( was unjust in its Acquisition; and yet) when acquired, GOD calls him His servant, is said to set up his Throne 
Jer. 43.10. , and threateneth him with destruction that, unlawfully, disobeyed him 
Ezek. 17.2 Chron. 36.13. conferred.  He made Zedekiah, as King under, and to give Oath of Fidelity to, him; while his own Prince Jeholachin was yet alive: this Oath, GOD( calling it mine) did approve; and therefore punished its breach, and the Rebellion against the Conqueror. The like Title had Cyrus, and yet in respect of his Power, the Lord calleth him his Shepherd, and his Anointed, and telleth that it should be himself that would confer that power upon him 
Isaiah. 44.45. . But which is more, it is certain from all Histories, that the Right; to the Roman Empire, from Caesar downward so long as possessed( at least) by title of Succession was mere Usurpation( because both assumed by Subjects, without Denounciation of war; yea without a Lawful cause:) Yet St. Paul testifieth, That the Powers that were then were ordained of GOD; and commandeth Submission to them, under the hazard of Resisting the Ordinance of GOD, and receiving damnation; And was obeied by the Primitive Christians and Martyrs( sufficiently able to resist) accordingly. And they swore the Military Oath to every one that prevailed: and so never adhered to the Dethroned Emperor but acknowledged the new one. Nor is there one instance of( Clergy especially) in any part or Age of the Christian Church, doing otherways. The Sacredness of the Power once in possession( multa non recte, fiunt, quae facta valent) hath been so universally observed that, indeed, it seems to have been a part of the Traditional Religion conveyed from Noah to his Posterity,( so necessary that was for first Peopling, and then maintaining, the World peopled.) And at last, authorized by Christ himself, who( because he saw Caesar was in Possession of the Civil Power, by his Image) commanded to give unto Caesar that which was Caesars,( yea he owned the possessed Usurper Cajaphas; as St. Paul did Annanias) which perhaps is the reason of our Axiom, that the Crown purgeth all Defects. Finally, since mere possession, without considering the justness of its cause; yea where its cause is evidently unjust; and without Denounciation of War; yea in a Subject who hath no Power of war or to denounce; and without the Peoples good and consent; yea( in some kind) against both; gives such right to the possessor in the Subjects Allegiance: how much more in our case, where there is evidently the justest of causes; yea a concurrence of all the just causes of war; and these declared; and that by a Non-Subject Prince who hath right to War and Declare; and all( in all respects) for the Peoples good and with there consent; yea from both.  
In respect of all which, if there be an Invasion; our natural ties, to King William, and fellow-Subjects, and Allies, and Our-selves; by our Allegiance, Duty, Gratitude, and Charity: indispensably oblige us to defend Church and State; from Popery and Slavery( which will be surely the reward of an unnatural concurrence thereto, by concurring to this Invasion) once out o● doors: From French and Irish Dragooning Inquisitions; the necessary consequent( both from their Religion and new Engagements) of sufficient Power: from a foreign Prince and a foreign Prelate( such are, at least, the French King, Princes of Italy, and the Pope) whose Forces and Treasure come against us: from stranger Miscreants and Savages( whom no command[ especially if wanting pay] can possibly with hold from sacking Friend and Enemy; and a fair prospect of undoubted Victory will make a most fit neck of time[ we know what the Jesuits private instructions, and their Religion and spite to execute, can inspire] unquarrelably to dispatch heretics, Qua Rebels: Quibus& sides servanda non est cum existit potestas) whose Commissions from K. J. are null; and so to be resisted as so many Irish Wolves and Armed Robbers: Finally, from bearing( as being the cause of) that Aceldama of innocent Blood( spared, hitherto, by such Miraculous Providence) and the lasting ruin( now guarded against) of Religion and Liberties, here and elsewhere. For we need not think the tragedy will end on this Stage, since( in caise of sudden Victory) all that K. J. esteems bonds,( viz. Religion, Promises, Honour, Gratitude, and Interest) will indispensably engage( all then, lying prostrate at pleasure without reserve) to mutually relieve the pressed French King, and be revenged on the Protestant Consederats. And in case of a long intestine Desolation( while the French run down all others being destitute of, yea weakened by sending to, Britains Assistance,) what speedy concurrence will be denied to the favours of K. William, must be sacrificed with sorrow, to the sury of K. Lewis: since we know his Pretensions and intentions( only stopable here) for an Universal Monarchy, and against Protestancy; and that Religion or Faith given, are no bars to his Majesty.  
The Advantages, of a Non-subject Prince; and that the next Prince, and, next Princess●● Husband, in Blood: miraculous, unanimity of the Princes( in most other things at Enmity) Protestant and Popish, abroad; and universal concurrence and consent of the People( as different in Judgements as Faces) at home: undeniable evidence of Fact giving Occasion to both; and obstinate inflexibleness of the late K: James, to remove the same: His, first, Abdi●●ting, then, Deserting, his Right, and Kingdoms; and the Singularity of matter of Right arising from all these: Finally, That no less, and no more, was necessary to stoup the scruples of diversely principled Men; and so to confounded even the Objections against all other Revolutions in the World: are the uncontestible manuduction of Heaven( as GOD indicate him, whom he would have the Israelites own as Judge, by some signal pre-deliverance) to our present Establishment. Therefore we'll conclude with   

COROLARIE I.  
IF, by the Laws of GOD, Nature, and Nations, King William hath, at present, the Regal Right; and James 7.2. Hath amitted it; then all Subjects owe Allegiance to King William alone, and there is no Allegiance due to the late K: James. But by the Laws of GOD, Nature, and Nations, King William hath, at present, the Regal Right; and James 7: 2: hath amitted it. Therefore all Subjects owe Allegiance to K: William only, and there is no Allegiance due to the late K: James. The consequence of the mayor is uncontraverted: For, our Saviour hath determined that no man can serve two masters; and the Law declared, that, nemo potest esse duorum ligius; and both these are sounded on the Nature of things, by which no Man be Subject to two inconsistent and repagnant Al●●giances; ad impossibile, enim, nemo Obligatur. The ●●●r is proven ut supra: and so, I hope, none will ●●ny the Conclusion. Hence   

COROLARIE II.  
SOme of our former Laws and Oaths bind us in Allegiance to lawful Heirs and Successors. But 〈◇〉: w: and Q. M: are lawful Heirs and Successors. Therefore, our former Laws and Oaths bind us in Allegiance to them. The minor is as clear as Noon: ●or, 
Successor est, is, quicum inferiorem teneret locum, priore gradu vacuo, ejus in locum, ascendit:( l: 1,§. si filius. ff. desuis& legit. l. 3. c. cod.) in locumque successisse, dicimus, sieve per universitatem sieve in rem successerint.( l. 1,§, in locum ff. g●●d leg.) hinc qui in rei Dominium succedunt, successorum nomine veniunt,( l. 14.§. adjicitur, ff. damn. infect:)& succedaneus officij dicitur( in l: 27. c, decur,) Haerea is appellatione omnes significari successores credendum est.( l. haeredis ff: de v: s.) Hi, sciz. omnes qui in universum jus succedunt haeredis loco habentur.( l. 128. 〈◇〉. ult. ff. R: l.) unde Triphoninus; si pater ut haeres, vivo filio, vindictam servo castrensi imposuit( l. haered:§. pater de cast: pecul: ff:)& Plaut: Menaec: abstuli hanc, cujus haeres( i.e. Dominus) nunquam erit post hunc diem. Unde; liberi patroni, perduellionis damnati,(& sic civiliter mortui) fiunt heredes( id est heri) j●. is patronatus:& bona damnatorum(& sic civiliter mortuorum) edunt heredibus, usque ad tertium gradum: vid: introd: CHRIST 〈◇〉 Heir of all things; and that by inheritance; te Elect are Heirs of the Kingdom( Ja: 2: 3: Heb: 1: 2: 4: 14:) So that K: w: and Q. M: are, and may be called, Heirs and Successors to ●eir Kingdoms both in the Natural, Legal, and Scriptural ac●eptation thereof.  he is a Successor who( by coming in the place) ●ath acquired the whole Right, of the Antecessor: ●nd he is Heir who is actually Lord,( heres quasi ●●●●s) per universitatem of that Right, at least, his Predecessor being( civiliter) dead: and he is lawful Heir and Successor whom all Law, Divine and human, hath determined to have so acquired it. But K: w: and Q: M: &c: Ergo &c. Consequently those who deny Allegiance to them are Disloyal and Perjured: since Ja: 7: 2: is as uncontravertibly( civiliter) dead, to Britain; as, entering a monastery, he would be to the World; or Christina of Sweden was, when she resigned and went to Rome.   

COROLARIE III.  
OUR former Laws and Oaths binding us to one as King, and as having Regal Right, bind us not to him, when, no more King, and having no Regal Right, and so expire with his Kingship. But James 7: 2: is no more King, and hath no longer any Regal Right. Therefore our Laws and Oaths bind us not to him, but expired( as to him) with his Kingship. The mayor is agreed to by all: for the Basis( oc●● Kingship) subverted; the Superstructure( o●●● Obligation thereto) must fall, nihili, enim, null●●● sunt affectiones: So a Presbyter's Oath to his Bishop Vassal's to his Lord, soldiers to his General, &c becomes voided when their Office terminates, by Others coming in their Right and Place. The minor 〈◇〉 no less evident by what is already proven: For, since K: w: is King, and hath the Regal Right to our Allegiance, J: 7: 2: cannot remain King, or have that Regal Right; dvo enim, non possunt esse Dominie jusde●●●i in solidum.   

The Dissenter turned 
This is not serving the times, but the LORD of times: nor being a Trimmer, unless all Loyal Subjects since the Creation were such, nor ingratitude, for the benefits were out of, given for, and so oblige to, the public; at least, ad illicitum obligure nequeunt.  Loyalist.  
Our great King, in Right, first, covered, with his Buckler, and, now, fortifies; with Ramparts, the Temple built of lively Stones, from furious Assaulters: Therefore we will cheerfully concur in environing this Vine of CHRIST; least the Boars of the forest( after all his care) spoil or devour it. One part shall carry mortar, and another stand ready with Swords; 
Neh: 4.  for bringing our House to its full height, and Repulsing the Enemies who would ruin it. Then: the miserables cries are not so out of our Ears; but, we will remember( the Christian Voyages as far as Judea) against a far more Execrable Turk, and Saracen: For those that die, with a free-will, in so Holy a War, are more Martyrs, then their Brethren who were Forced to suffer, for RELIGION.  
Trin-uni DEO Gloria.  
FINIS.