The present State of the Nation.
WHERES King James the Second, being long since Seduced from the Reformed Religion, wherein he was Educated, to the Superstitions and Abominations of the Romish Religion, out of his great Zeal for the same, and through the Evil Counsels and Instigations of the Jesuits, and of other Persons of the same or the like wicked Principles and Perswasions, hath ever since with great earnestness, and by various means endeavoured the Re-establishment thereof, and the suppression and utter extirpation of the genuine Christian Religion reformed from the Superstitions and Abominations of the Roman, and publickly professed under the protection of the Laws in these and divers other Nations, as of a Pernicious Heresie, and under the Notion and Name of the Northern Heresie. And for that end, during the Reign of the late King Charles the Second, held divers secret Counsels and Conspiracies, both with notorious Enemies of the Reformed Religion beyond the Seas, and at home with Persons notoriously guilty by the Laws of High Treason. And in pursuance of those Counsels and Conspiracies, is generally believed to have been a Principal Author and Promoter of Wars, Bloodshed, and other great Mischiefs among the Professors of the Reformed Religion; that being weakened by their own hands, they might the more easily be Destroyed and Subjugated by those of his party.
And whereas the said King James, since his access to the Throne, in further prosecution of the same Designs, Counsels, and Conspiracies (not to mention any secret Practices, which may possibly be made more manifest in due time) hath notoriously, contrary to the true Constitution of the Government of this Nation, contrary to divers express Statutes, contrary to his own repeated Word and Solemn Promises, and contrary to the very form of the usual Coronation Oath (which he is presumed to have taken) [Page 2]assumed to himself a Power to Suspend and Dispense with the Laws, (which is an Essential part of the Legislative Authority, which belongs not to the King alone) and under pretence thereof, keeping up a great Army in time of Peace, hath not only Armed great numbers of Papists, but put and continued in Offices, both in the Army and in the Navy, many Papists and others Persons not qualified by Law.
And that the Administration of Justice might be also in the hands of Papists, and such as were believed would comply with his Designs, hath in the Counties chosen divers Papists for Sheriffs, displac'd, and put out of Office most of the Protestant Justices of the Peace, and in their Room hath put and continued professed Papists, and other Persons not qualified by Law; insomuch that generally throughout the Nation, in the Counties there is not a legal Justice of the Peace to be found in many miles distance, whatever occasion should happen: In Corporations hath by his Letters of Mandamus caused professed Papists to be chosen for Mayors, Aldermen, and Sheriffs: And in the Courts of Justice at Westminster hath placed and displaced Judges till he had furnished the same with such as were believed would most perfectly comply with his Pleasure, without much regard to the Laws.
And for the promotion of those Designs in the Church as well as State, hath granted to divers Persons, of whose compliance therein he was well assured, a Commission in the nature of the High Commission (which with all other of like nature at any time to be granted, hath by express Acts of Parliament been utterly abolished and made void) by which he hath caused the present Lord Bishop of London most unjustly and contrary to all Law and Equity to be Suspended from his Office; the President of Magdalen Colledge in Cambridge, and the President and Fellows of Magdalen Colledge in Oxford, contrary to Law to be put out of their Free-holds; and by the same proceedings might (as may reasonably be believed was designed) have turned out all the Clergy of England, who would not have complyed with whatever he should have pleased to command.
And for the more direct restauration of the Papal Authority and Religion in England (which to endeavour or attempt is High Treason by the Statutes) hath sent his Ambassador to the Bishop of Rome, and admitted and entertained a Legate from him; hath permitted Popish Bishops to be consecrated in England, and to hold their Visitations, a Jesuit to be of his Privy Council, Jesuit Schools, [Page 3]and Convents for Fryers to be erected, and Popish Chapels for Publick Mass in divers places; and hath placed and permitted known Papists to hold considerable places and Employments in the Church and in the Universities.
And that the things thus designed and promoted might have been confirmed with the Formalities of a legal Establishment, hath used divers indirect Means, and imployed divers Agents, to have such Persons only chosen to serve in Parliament, as he could be assured would comply with his Pleasure therein; a practice which strikes at the very root of our Government, and tends directly as the most immediate means to the subversion thereof.
And to compleat all, that they might be so Established and Secured for the future from danger of being defeated by a Protestant Sucessor, hath by the arts of those Subtile Agents been so far transported in his Passion for that Painted Rotten Religion, as to comply with them in anThough it be in truth Unnatural, yet it may not seem so, or to be unreasonable to one who reputes them to be obstinate Hereticks; and for that Cause deserving to be disinherited. unnatural intrigue to adopt or set up a Supposititious Child (as is by most Persons in the Nation of all Ranks and Qualities firmly believed, notwithstanding the Extrajudicial Depositions In-rolled and Published in Print) for his own Son and the Rightful Prince of Wales, though to the disinheriting of the true heiress apparent and his own Children; that so he might have a pretended Successor, to be Educated in the Popish Religion, and in time to perfect the Work he had begun; or (as is believed by some) to baffle all hopes of a Protestant Successor for the present, and in due time to set up one of his Natural Sons of his own Religion.
And whereas, when many Lords, both Spiritual and Temporal, Gentlemen and others of all Ranks; observing these things, and well considering the great and apparent Danger, that these Nations were by these means brought into, had, as the only Remedy under God, craved aid of His Highness the Prince of Orange, (whose interest and concern in these matters, as well as Affection to these Nations and to the Protestant Religion, did both qualifie and oblige him to interpose) and the Prince thereupon coming in with a Competent Army, had in a Declaration set out these and the like matters as the cause of his coming, and referred all to the Determination of a Free Parliament; the Nobility and Gentry and others dayly resorting to him, and engaging in [Page 4]an Association with him for the Defence of the Protestant Religion, the Antient Government, Laws, and Liberties of these Nations, and great parts of the Armly daily revolting to them; the said King James was pleased at first so far to comply with these reasonable Demands, as to order Writs for Elections to be Sealed, and yet not long after (whether through his Conscience of the Illegality of his Actions, not able to endure the Examination of these matters, or through the instigations of his wicked Counsellours, or both) caused most of the said Writs to be burnt, conveyed away the great Seal, the Pretended Prince of Wales, the Queen, and divers of the Conspirators in that Intrigue, and accessories thereunto; to prevent, as is believed, their cross Examination, and further discovery of the whole Contrivance, and of the rest of the Persons concerned in it, and at last departed himself beyond the Seas, deserting these Kingdoms and the Government thereof.
All this being not only true, but notorious matter of Fact, so that the Relation of it needs neither Apology nor Proof; there arise thereupon several QUESTIONS, which may concern the whole Nation and all Persons therein, who have any regard to the due discharge of their Duty well to consider, and in order thereunto.
I. Questions of State, concerning the Constitution of the English Government.
1. WHether by the Sacred Scriptures, or any Positive Law of God, there be any Particular Form of Government prescribed for the several Nations of the World? or all be left at liberty to constitute any such just form of Goverment, as to them shall seem most convenient? And all Persons as strictly obliged to the just and reasonable Observance of those Publick Pacts and Constitutions, whereby their several Governments are formed, as of any private Pacts whatsoever? and all again at full Liberty to use all just and reasonable means for the preservation thereof?
2. Whether by THE CONSTITUTION OF THE GOVERNMENT OF ENGLAND in Legislation, or making of [Page 5]Laws the Jus Regiae Potestatis, or Regal Power, be more than one third part? of the Kings Negative Voice comprehend any thing more than what each of the Houses have? And therefore his assuming as his Prerogative, of what belongs to the whole, be not an Invading of the Rights, both of the Lords, and of the Commons; and within the sixth Case of Hugo Grotius, 1. de Jure belli c. 4. § 13. wherein just force may be used against the Invador?
3. Whether by the Constitution of the Government of England, for the ordinary Administration of Justice, there be not certain Courts and Offices appointed, whose Authority the King can neither enlarge nor abridge; as in each County the Hundred Courts once in three Weeks, the County Court once in a Month, the Courts at Westminster once in a Quarter or four times in a Year, the Circuits twice in the Year, and for Extraordinary Matters, by the Common Law and Statutes yet in force and unrepealed, ths Parliament once in the Year at least? So that the Regal Right in this respect extends little farther than first to the choice of the Persons, and secondly, that the Commission and all Process be made in his Name, as the Supreme in the Government, and for the greater Honour and Majesty of the King and Kingdom?
4. Whether by the Constitution of the English Government, in all Ordinary matters between the King and the Subjects, the Ordinary Courts of Justice at Westminster have not Jurisdiction, and the Judges of these Courts be not the proper Legal Judges; who may and ought to judge and determine according to the Law of the Kings Right, and Actions, and of the Validity thereof, and to order equal Right to be done to the Subjects, as well as to the King Himself?
5. Whether by the Constitution of the Government of England, in all Extraordinary Matters, the High Court of Parliament be not the Supream Judicature; and may not of themselves without the King both Judge and Correct the Errors and Misdemeanours of the Judges and great Officers of the Nation, and moreover enquire into the Actions of the King Himself, so far as they concern the Publick State of the Nation; and if they see cause, both judge and declare them to be publick Grievances and contrary to Law, and also demand Redress by Petition, and also in cases of great Importance and Necessity, when the Constitution and publick State of the Nation is in danger, by Force and Arms? And whether this Right doth not remain in the Lords and Commons [Page 6]of this Nation in such Case if the King refuse to call a Parliament, there being then no Superiour Authority or other means to determine the matter between them, when the very damental Laws and Constitution are in Question?
Indeed it is plain in the Frame and Composure of the Government it self and in the Actions of our most Antient and Succeeding Parliaments, and confirmed by the Polititie of those People from whom they did descend, that out Wise Ancestors in the Constitution of this Government did particularly intend and take care of two things; The one to give all the Honour and Majesty that could be to the King, for the greater Honour and Advantage to the Nation abroad: The other to retain all the Power that might be to themselves, for the greater Security and Benefit of the Publick at Home. And therefore, when they had limited and confined his Power as much as was thought convenient, they invested him with the rest, not as a Right which he might dispose of, or use as he pleased, but as a Trust, the management whereof they would inspect and consider; and for that end, as well as to inspect the Actions of inferiour Officers, supply Defects, &c. did think fit to have frequent Conventions or Parliaments. So that his Right hath a great and weighty Duty (if not a Condition in Law, as they call it) essentially annexed to it; and he is in effect only the Supream Officer, and a kind of High Reeve of the Nation, as the High Shire-reeve of the County, who in many respects doth truly represent him. And therefore because some have in our Age asserted such an Unaccountableness and Irresistibility in the King as is inconsistent with this Constitution, and others from some Clauses and Declarations prescribed in some late Statutes passed soon after the Return of the late King Charles the Second, may think themselves bound in Conscience to maintain the same, it may be necessary to propose to their serious consideration some few
Questions concerning those Clauses, and the Oaths, and Declarations prescribed, in the Statutes of 12, 13, & 14. Ch. 2.
1. WHether they who did take these Oaths and declare accordingly, are thereby (being only Declarative of their belief at that time, and not promissary for the future) obliged to [Page 7]persist in the same belief, and act accordingly in all cases which may happen, without further Inquiring or Examination of the Truth of that matter?
2. Whether all or any of those Clauses, or the Oaths prescribed in the Statutes aforesaid, being all meerly Declarative, and not Constitutive, do; or can make any real alteration in the Laws, and in the very Constitution of the Government from what they were before?
3. Whether the vulgar sense of those Clauses, Oaths, and Declarations, be not inconsistant with the Natural and Original Right of Mankind, to defend and maintain their Rights? the special Constitution of the English Government? the frequent Practice of English Parliaments? and known Principles of Law allowed at this day? be not contrary to the Sentiments and Practices of most Nations of this part of the World? to the Judgment and Practice of divers Reformed Churches upon great deliberation in their own Case? and of Queen Elizabeth, King James, &c. and the State of England in their Assistance to other People oppressed by their Kings and their Ministers? and of dangerous Consequences both to Prince and People? disposing Princes with more Liberty to transgress the Laws, and exposing innocent People, if they believe it to oppression by them; if not, to Wars and Contention with them for the maintenance of their Right? and therefore the Clauses and Declarations aforesaid, to be either wholly rejected as false; or else accommodated with some better and more convenient sense and Explication? as that, which no Man will deny, That neither the King, nor his Ministers, acting according to Law, may be resisted upon any Pretence whatsoever. And it may deserve some Considerations
4. Whether considering the Time, when these Statutes were made, the ambiguous Terms in which the Declarations are drawn, neither restraining them to Lawful Actions and Commssions, because that would not serve the turn, nor expresly extending to Unlawful, because that was not likely to pass; the Activity and cunning Insinuation of the Romish Emissaries, and their real Interest to have the Government absolute in one governable Prince, rather than subject to the Counsels and Resolves of an untractable Parliament, and the Tricks which they have since imposed upon us; it be not likely that in these, as well as some other Statutes about and since that time, there may not be some of their Projects [Page 8]craftily intermixed, and unperceived in the transport the Nation was then in? and the rather if the late late King Charles the Second, had before that time entred into their Communion, as is now believed?
And because in these things many well-meaning people may be imposed upon, not only by the Authority of men, whose Judgments may be byassed by Prospect of Favour and Advantage, but also by Ambiguity of words, as King, Absolute, Imperial; it may be fit to note that the word King, doth not necessarily import more than one having Supreme Executive power to govern according to Laws, as the King of England certainly hath, though the Parliament may judge whether he doth so or no. So that if any claim more, that is to be prov'd from the special Constitution of the Government. So the word Absolute, when that is attributed to the Kings of England, it is to be understood not in respect of Laws, but of Tenure. They hold not of Pope, Emperor, or any other person or State. And in like manner the word Imperial, when used of the Crown of England, it imports no more than that it is not held of any other Crown.
II. Question of Law, Justice and Prudence, upon the Matter of Fact before related.
1. WHether the Matter of Fact before related, doth not contain divers very high, deliberate, and resolved Violations of the Laws, and Constitution, and tending directly and manifestly to the Subversion of the true and ancient Government of this Nation, and be not good Evidence, and a plain Declaration, that the said King James did certainly design and endeavour the Subversion thereof, and to make it Arbitrary; and was therefore an Enemy to it?
2. Whether all this being done at the instigation of the Papists, and in favour of their Religion, (which obligeth them all, both Prince and People, to use their utmost endeavour for the Extirpation of Hereticks,) be not also good Evidence and an open Declaration, (notwithstanding their pretence of Liberty of Conscience,) that he was also an Enemy to the Religion and People of this Nation, being Protestants, and by the Pope and his party reputed and condemned for Hereticks?
3. Whether the said King James, having assumed to himself a power of Suspending and dispensing with the Laws, and thereby invaded the Rights of the Lords and Commons, and thereby, and by many other open Acts declared himself an Enemy to the Government, Religion and people of this Nation, (which are things inconsistent with the Ends and Being of Government and Civil Society,) and all this contrary to his Solemn Coronation Oath, and through the perswasion and instigation of Jesuits and others, notoriously guilty by the Laws of High Treason, hath not thereby demonstrated himself incapable of the Government of this Nation, and not to be further intrusted therewith? and therefore,
4. Whether the Prince of Orange his Coming in to preserve and maintain the Right of the Princess and himself, and to defend and protect an Innocent people in the Legal enjoyment of their Religion, Rights, and Liberties, from Violence, Oppression and Destruction, designed and prepared (as is believed) against them contrary to the Laws, as Queen Elizabeth and the people of this Nation had heretofore done for his Ancestors and Countrey, be not justifiable by the Laws of God and man?
5. Whether the Lords, Gentlemen, and others of this Nation, who in this case, for the preservation of themselves and their Country, invited the Prince to come in, or after his coming entred into the Association with him, for the Ends aforesaid, did any thing therein but what was necessary, just, and lawful by the Laws of God and Man, the Constitution of this Government, and many precedents in this Kingdom?
6. Whether the Officers and Souldiers, who had indefinitely entred into the Service of the King, are not to be presumed to have acted therein as rational men, and to have intended a reasonable and legal Service to their King and Country, for the preservation of the legal Government, Laws and Liberties thereof, and not a slavish Service to the will of a Tyrant, and Enemy of their Country; and therefore in deserting the King, and revolting to the Prince and his Associates, when this came to be disputed, did not do an act of greater Generosity, Loyalty, end Fidelity to the Government and their Country, than if they had continued in his Service, and brutishly, or upon a vain and mistaken principle of Honour, assisted to the subversion of the Government, the destruction of their Country-men, and the suppression [Page 10]and extirpation of the Religion, which they themselves do profess?
The common abuse of the term Loyalty, to impose upon the Nation, makes it necessary to explain the genuine Notion of it. Which is nothing else, when attributed to Persons, but either the state of a Free-man, or Jus civitatis, or a conformity of the Will and Actions to the Laws of the Land, and the Government by Law Established. But that vulgar notion of Loyalty, whereby many well meaning Men have by the Sophistry of Jesuits and ill designing Disloyal Men, been imposed upon, taken for an Active Compliance with, or at least passive Submission to the Will and Pleasure of the Prince, whether conformable to the Laws and Established Government, or not, is in these designing men plainly Knavery, Sycophantry, and Treachery, against both King and Government, and hath betrayed a whole race of Kings into great Mischiefs and Destructions.
7. Whether upon due consideration of the precedent Questions, all the rest of the Protestants of these Nations ought not in Prudence, Justice and Charity to their Country, to unite and join with the said Lords, Gentlemen, and others, who have associated for the end aforesaid, and unanimously agree to commit the Government, Crown and Dignity thereof to the next undoubted Heir of the Royal Family, who is duly qualified for the same? or, by mutual agreement of all parties to such of the Royal Family as is best qualified for the Management thereof in the present Circumstances? lest otherwise by their unnecessary over-cautious scrupulous forbearance they give occasion and incouragement to discontented Persons to involve all in such new Troubles, Factions, Insurrections, and Disturbance of the Publick Peace and Settlement, as by their more generous Unanimity might easily be prevented?
And because here may arise some Scruples from the Oaths of Allegiance and Supremacy, these things as to that may be considered.
1. Whether the Duty of the Subject be not proportionable to the Right of the King, and extends no further?
2. Whether, the word Heirs ought not to be intended, first, of legal and undoubted Heirs? secondly, of such as are duly qualified for the Discharge of such a Publick Trust and Office, and not of any such as are non compos mentis, or, which is worse, do cum ratione insanire, and would confound and destroy all?
3. Whether in the case of Succession, both the Practice of Antient Times, and an Antient Formality used at the Coronation, be not Evidence of a Right of judging and choice upon a special occasion, of a fit Person of the Royal Family to succeed, remaining in the Lords and Commons of this Nation?
8. Whether these Nations professing themselves Christians ought not in Duty to God, and Prudence to themselves, to acknowledge with all Reverence and Devotion, his Admirable, Wise, Powerful, and Gracious Providence, in these late extraordinary Revolutions, and great and seasonable Deliverance from so many and great, both incumbent Evils, and impendent Dangers over them? and to express their sense thereof, both by Solemn Thanksgivings, by a speedy and effectual Reformation of that Torrent of Debauchery introduced and designed for their Ruine, and by all dutiful Concurrence with the Indications of his Will thereby intimated to us?
9. Whether it be not reasonable for a Christian Nation to believe, That the said King James having Unhappily by the delusions of the Papists deserted the true Religion, wherein he was Educated, and revolted to the Superstitions and false Religion which they profess, may not by the special Providence and Righteous Judgment of God for the same, and other sins, be deserted and left to the Delusion also of their unsound and deceitful Policies, and thereupon to be deserted by his People, and the Army in which he trusted, as was Rehoboam by the ten Tribes?
10. Whether the Special Providence of God, so visible and apparent in this case, may not justly be looked upon by all serious Protestants, as a Manuduction and Indication of his Will, that these Nations should concur therewith, in a cause so just and necessary, to the Exclusion of the said King James from the Government thereof, and to commit the same to some other more proper Person of the Royal Family? and whether all, who shall obstinately refuse to concur therein, have not some reason to fear that they may also in some degree partake of the same Divine Judgments?
11. Whether it be not also a Christian Duty incumbent upon these Nations; upon this occasion to take into their serious Consideration all those other Actions of the King, (besides his revolt to the Romish Superstitions and Abuses) which may reasonably be believed to have contributed, as well through the Judgments of God, as by their natural Efficacy, to the bringing of all this Evil [Page 12]upon him; and thereupon speedily to make all such effectual Provision, as may be necessary for the prevention or removal of the same and the like occasions of mischief from the Nation it self?
12. And whether among such actions may not justly be reckoned as Notorious, first, Uncharitable fomenting and promoting of Dissentions and Distractions between Christian Nations and People. Secondly, Discountenancing the serious profession and practice of the Reform'd Religion, and Irreligious encouraging Profaneness and Debauchery, both by Example, and by Impunity and Connivance. Thirdly, Unjust Violation of the Laws and established Government (contrary to the Coronation Oath) and endeavouring to make it arbitrary, by various illegal Practices both upon the ordinary Courts of Justice, by making the Judges Patents to be only durante bene placito; and then displacing such as would not, contrary to their Conscience and Duty, comply with his pleasure and Designs; and upon the High Court of Parliament it self, by perverting and interrupting the Legal Freedom of Elections, both in the Corporations, and in the Counties; and tampering with the Members themselves, &c. For which and the like Evils, speedy, proper, and effectual Remedies ought to be provided.